[Rev. 12/19/2019 5:37:40 PM]
κ1925 Statutes of Nevada, Page 175 (CHAPTER 121, AB 35)κ
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Sec. 27. Each section of this act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void and ineffective for any cause shall not be deemed to affect nor shall it affect any other section or any part thereof. Sec. 28. This act shall be considered an act additional to all acts respecting poor persons and particularly an act entitled An act for the support of the poor, approved November 29, 1861, and shall be construed as an exercise of power by the legislature under the provisions of section 3, article XIII, constitution of Nevada, in recognization of the just claims of the inhabitants mentioned upon the aid of society, without thereby annexing the stigma of pauperism by legal definition. |
Each section independent
Act construed |
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[Assembly Bill No. 36Mr. David]
Chap. 122An Act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act.
[Approved March 19, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all laws of this state regulating motor vehicles, the term motor vehicle, except where otherwise expressly provided, shall include all vehicles propelled by any power other than muscular power, except traction engines, road rollers, fire wagons and engines, police patrols, city or town ambulances, city and government vehicles clearly marked as such, and such vehicles as are run only upon tracks or rails. Motorcycle shall include all motor vehicles designed to travel on not more than three wheels in contact with the ground, and of not exceeding ten horsepower, and of not exceeding the weight of five hundred pounds unladen. A trailer shall be deemed to be any vehicle, which is at any time drawn upon the public highway by a motor vehicle, excepting any implements of husbandry temporarily drawn, propelled or moved upon such highway. Highway shall include any public highway, county road, state highway, or state road, public street, avenue, alley, park, parkway, driveway, square or place, bridge, viaduct, trestle, or any other territory or structure, publicly designed, intended or used for the passage of motor vehicles, in any county, or city, or town within the State of Nevada. |
Motor vehicle defined |
κ1925 Statutes of Nevada, Page 176 (CHAPTER 122, AB 36)κ
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Terms defined |
of motor vehicles, in any county, or city, or town within the State of Nevada. Nonresidents shall mean residents of states or countries other than the State of Nevada and of countries other than the United States whose sojourn in this state, or whose occupation or their regular place of abode or business in this state, if any, covers a total period of less than three months in the calendar year. Legal owner shall mean any person, firm or corporation in whom shall rest the title to a motor vehicle under any lease, contract or sales agreement. Owner shall include any person, firm, association, or corporation, having the lawful ownership, use or control, or the right to the use or control, of a motor vehicle, under a lease or otherwise, for a period of ten or more successive days. The term where a vehicle is kept shall refer to the county of residence of the owner, or to the county where the vehicle is mainly kept, if it be different from that of the residence of the owner. The words license fee shall have the same meaning as registration fee and when a motor vehicle is licensed it is also registered and vice versa. A dealer shall include dealers and manufacturers. Manufacturer or dealer shall signify a person, firm, association, or corporation regularly in the business of having in his, its, or their possession motor vehicles for sale or trade and for use and operation pursuant thereto, and shall be considered owners of motor vehicles manufactured or dealt in by them for the purposes of this act, prior to sale and delivery thereof, and of all vehicles in their possession and operated or driven by them, or by their agents or employees; provided, however, that anything to the contrary herein notwithstanding, the determination of the department shall be final and conclusive upon the question whether or not an applicant for registration shall be a manufacturer or dealer within the meaning and intent of this act. A used-car dealer shall, for the purpose of this act, include a person, firm, association, or corporation, regularly engaged in the business of having in his, its, or their possession, second-hand or used motor vehicles for sale or trade and operation pursuant thereto, and shall be considered owners of motor vehicles dealt in by them, for the purpose of this act, prior to sale and delivery thereof, and all motor vehicles in their possession and operated or driven by them, or by their agents and employees; provided, however, that anything to the contrary herein notwithstanding, the determination of the department shall be final and conclusive upon the question as to whether or not an applicant for registration shall be a used-car dealer within the meaning of this act. Person shall include any corporation, association, copartnership, company, firm, or other aggregation of individuals, and where the term person is used in connection with the registration of a motor vehicle, it shall include any corporation, association, copartnership, company, firm, or other aggregation of individuals which owns or controls such motor vehicle as actual owner, or for the purpose of sale or for renting, whether as agent, salesman, or otherwise. |
κ1925 Statutes of Nevada, Page 177 (CHAPTER 122, AB 36)κ
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company, firm, or other aggregation of individuals which owns or controls such motor vehicle as actual owner, or for the purpose of sale or for renting, whether as agent, salesman, or otherwise. Department as used in this act shall mean the motor vehicle department of the office of the secretary of state. Specially constructed motor vehicle shall mean a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type of a generally recognized manufacturer of motor vehicles; provided, that in case of dispute the determination of the department as to the character of construction of any such motor vehicle shall be conclusive. Reconstructed motor vehicle shall mean a motor vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other motor vehicles or makes of motor vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts, or by addition or substitution of essential parts, new or used, derived from motor vehicles or makes of motor vehicles; provided, that for the purpose of this act the term essential parts shall include not only integral parts but also body parts such as fenders, hood, cowl, and other parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the motor vehicle; and provided further, that in case of dispute the determination of the department as to the character of such assembly, reconstruction or alteration shall be conclusive. Imported motor vehicle shall mean any motor vehicle which shall be brought into this state from another country or state, otherwise than in the ordinary course of business by or through a manufacturer, dealer, or used-car dealer, and which has not been registered in this state. Sec. 2. No motor vehicle shall be operated on any highway in this state, unless and until the owner thereof shall have complied with this act in respect to registering said motor vehicle. In the case of a motor vehicle owned in this state on the first day of January of each year and which has been registered the previous year, a new registration shall be made not later than the third Monday in January of each year except as hereinafter provided. In the case of a motor vehicle purchased during the year and which has not been previously registered, registration shall be applied for within five days after acquiring said vehicle. In case of motor vehicles brought into this state for purpose of engaging in trade or business of any kind, and motor vehicles, or stage or bus lines, having defined interstate routes with one terminal in this state, or passing through this state with terminals outside the state, registration shall be made within five days after entering the state. The owner of any motor vehicle who shall violate any provision of this section, or fail to comply therewith, shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars. |
Terms defined
Compliance with act mandatory
Registration requirements |
κ1925 Statutes of Nevada, Page 178 (CHAPTER 122, AB 36)κ
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Violation misdemeanor
Owner must file application
Duties of assessors
Further duties of assessors |
provision of this section, or fail to comply therewith, shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars. Sec. 3. Every owner of motor vehicles which shall be operated or driven upon the public highways shall, except as herein otherwise expressly provided, have filed in the office of the county assessor of the county in which he resides a verified application for registration or reregistration on a blank to be furnished by the department for that purpose, containing such information as the department may require for the efficient administration of this act. Sec. 4. County assessors are hereby required to receive such applications after blanks have been properly filled by the owner, then show on the blank the assessed valuation of the motor vehicle, basing same on the schedule of values contained in the National Used Car Market Report, and the cost of the license based on the provisions of section 10 hereof. The owner shall then be required to pay to the county assessor the personal property tax on said vehicle, if same be subject to taxation in this state, and the license tax; provided, that if the applicant is the owner of real estate and improvements in the county in which application is made, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll; and provided further, that the assessor may make a fair and equitable adjustment of assessed value in cases where the applicant has previously secured a license for another vehicle during the same year and has sold said other vehicle. Sec. 5. Upon receipt of the application and license fee for a motor vehicle, as provided in this act, the county assessor shall, if satisfied with the statements contained in the application, file such application in his office and register such motor vehicle with the name, postoffice address and business address of the owner, name and address of the legal owner, together with the facts stated in such application, and shall forthwith assign to such motor vehicle a distinctive number, and, without expense to the applicant, shall issue and deliver, or forward by mail or express to the owner, a certificate of registration and container for same in such form as the department may prescribe, and duplicate number plates bearing a number corresponding to the number assigned to such motor vehicle. Upon receipt of the application and license fee for a trailer, as provided in this act, the county assessor shall issue a receipt for the fee paid and shall at once forward the duplicate receipt to the department. The county assessor shall register and assign to the trailer a distinctive number and shall forward or deliver to the owner a certificate of registration and a single number plate bearing the number corresponding to the number assigned to the trailer. |
κ1925 Statutes of Nevada, Page 179 (CHAPTER 122, AB 36)κ
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assigned to the trailer. In the event of the loss, mutilation or destruction of any number plate, the owner of the registered motor vehicle, may obtain from the assessor a duplicate set upon filing in the office of the assessor an affidavit showing such facts and the payment of a fee of one ($1) dollar for a set. Upon receipt of duplicate plates, it shall be the duty of the recipient to immediately forward to the assessor the damaged or mutilated plates and the remaining plate in the case of one being lost. Duplicate certificates of registration may be issued by the county assessor in like cases, without the payment of any fee therefor. It shall be the duty of the county commissioners of each county to provide the assessor with such clerical help as he may require in carrying out the provisions of this act. Sec. 6. The department shall purchase all number plates, containers and other supplies required by this act after receiving competitive bids under open specifications. The bidder shall be required to furnish samples of such supplies and in awarding the contract, the department may consider the quality and suitability of the samples submitted as well as the price quoted. A record of all bids submitted shall be kept and the samples submitted shall be preserved until the next subsequent letting. The successful bidder shall be required to execute to the state a good and sufficient bond in such amount as the department shall require, conditioned upon the plates furnished being in accordance with the samples and specifications, and providing for liquidating damages for failure to deliver plates at the time specified in the contract. Sec. 7. On or before the first day of December of each year, the department shall deliver, or cause to be delivered, to the county assessor of each county, approximately as many duplicate number plates and certificate containers as there were motor vehicles registered in such county during the preceding year. Thereafter, during the year, the department, upon requisition of the county assessor, shall deliver additional number plates and certificate containers. The department shall keep an accurate record of all number plates issued to each county, and shall also keep a record showing the assignment thereof by the county assessor to motor vehicles. Such number plates shall be of metal, at least six (6) inches wide and not less than twelve (12) inches in length, on which there shall be the word Nevada and numerals indicating the year for which it is used; and shall be of a distinctively different color each year, and there shall be at all times a marked contrast between the colors of the number plates and that of the numerals or letters thereon; said colors to be designated by the department. In the case of a motor vehicle registered by a manufacturer or dealer, or used-car dealer, there shall be on such plate, in addition to the numerals, the letter D. The number plates for use of a motor bicycle or a motorcycle shall be one-half (1/2) the size above stated. |
May issue duplicate number plates
Assessor may have assistants
Department to purchase supplies
Number plates delivered to assessors
Design of number plates |
κ1925 Statutes of Nevada, Page 180 (CHAPTER 122, AB 36)κ
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Annual registration
Duties of owner discarded motor vehicle
Failure misdemeanor
Annual license fee to be paid
Proviso
False statement perjury |
for use of a motor bicycle or a motorcycle shall be one-half (1/2) the size above stated. All number plates issued shall be and remain the property of the State of Nevada. Sec. 8. Registration shall be renewed annually as provided in section ten (10), to take effect on the first day of January of each year. All certificates of registration issued under provisions of this act shall expire on the last day of the calendar year for which they were issued. Sec. 9. When a motor vehicle is permanently dismantled and can no longer be used on the public highway, or when same is sold outside the state, the owner thereof shall detach the license plates and certificate of registration and surrender them to the county assessor, who shall cancel the registration of record and report such cancelation forthwith to the department upon blanks provided for that purpose. Such license plates shall be destroyed by the county assessor who shall so advise the department. A failure to comply with the provisions of this section shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not less than twenty ($20) dollars nor more than fifty ($50) dollars, or by imprisonment not exceeding ten days. Sec. 10. An annual license fee shall be paid for each motor vehicle, specially constructed or reconstructed motor vehicle, operated upon the highways of this state, unless said vehicle is specially exempted under the provisions of this act. Said license fee shall be paid to the county assessor at the same time the application is made for the registration or reregistration of said motor vehicle and the county assessor shall not issue a registration certificate for any such motor vehicle until the proper license fee has been paid; provided, that where there is no delinquency and the registration is made after July, one-half of the annual license fee shall be paid; and provided further, that a half-year registration may be permitted if the applicant file with the assessor an affidavit showing that the motor vehicle has not in fact been operated on the highways of this state prior to the first day of July. No fee shall be required for the month of December for a new car in good faith delivered during that month. Such reduction in the license fee shall not be allowed until the applicant first file with the county assessor an affidavit stating the date on which the motor vehicle first came into his possession or control, in connection with his purchase or prospective purchase thereof, and the name and address of the party from whom purchased. Any person who shall wilfully make false statement in such affidavit shall be deemed guilty of perjury and punished accordingly. The amount of said license fee shall be and is fixed at the following rates: For every stock passenger car, thirty-five (35c) cents per hundred pounds or major fraction thereof, said weight to be the factory advertised weight, and, in addition, one hundred twenty-five (125) pounds for every passenger for which said vehicle is built to accommodate when loaded to capacity. |
κ1925 Statutes of Nevada, Page 181 (CHAPTER 122, AB 36)κ
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hundred pounds or major fraction thereof, said weight to be the factory advertised weight, and, in addition, one hundred twenty-five (125) pounds for every passenger for which said vehicle is built to accommodate when loaded to capacity. For every reconstructed or specially constructed passenger car, thirty-five (35c) cents per hundred pounds or major fraction thereof, said weight to be the actual weight of said vehicle as shown by a public weigh-masters certificate, and, in addition, one hundred twenty-five (125) pounds for every passenger which said vehicle is built to accommodate when loaded to capacity. For every motorcycle the sum of five ($5) dollars. For every truck, trailer or semitrailer, thirty-five (35c) cents per hundred pounds of weight, or major fraction thereof, fully equipped, plus the rated load capacity; provided, that the motor vehicle license fee for the year 1926 and thereafter shall be on the basis of thirty (30c) cents per hundred pounds of weight and carrying capacity. In the case of pleasure vehicles converted to carry goods by the substitution of box or body for the rear seats in the case of touring cars and the deck in the case of a roadster, the actual weight of such a converted vehicle shall be given and the carrying capacity shall be computed as forty-five (45) pounds for each square foot of body surface. The department shall provide distinctive plates for use on trucks or commercial vehicles. All motor trucks, trailers, and motor vehicles used for other than the conveyance of passengers and the personal effects of said passengers shall have attached thereto a conspicuous metal plate giving the actual weight of the vehicle equipped and weight of loading capacity as specified by the manufacturer or maker and no license shall be issued until the vehicle is so equipped. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than twenty ($20) dollars, nor more than fifty ($50) dollars for the first and second offenses. Upon a third conviction, the department shall have authority to cancel the certificate of registration and call in the number plates and a new license shall not be issued for any such motor vehicle for a period of one year. Sec. 11. No person under fifteen (15) years of age shall operate or drive a motor vehicle unless by express permission of the owner of the car and unless such person be accompanied by a person of mature years capable of driving a motor vehicle, but no person under twelve years of age shall be permitted to drive a motor vehicle at any time. Sec. 12. All motor vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, or school district in the state shall be exempt from the payment of the license fee thereon. |
Rates for annual license
Fee reduced in 1926
Carrying capacity of converted vehicles
Metal plate attached, when
Violation misdemeanor
Driver must be 15 years of age
Exempt vehicles |
κ1925 Statutes of Nevada, Page 182 (CHAPTER 122, AB 36)κ
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Must be marked For Official Use Only
Certain vehicles may not display markings
Violation misdemeanor
Registration fees lien against motor vehicle
Penalty |
The department shall provide suitable distinguishing plates for said vehicles which shall be provided at cost and shall be displayed on said vehicles in the same manner as privately owned vehicles. Applications for such licenses shall be made through the head of the department, board, bureau, commission or school district owning or controlling said vehicles and no such plate shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission or school district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of said vehicle. The department shall be authorized, on application of the superintendent of state police, or the board of county commissioners of each county, or the governor to issue not to exceed two sets of plates, which shall be of the same type issued to privately owned vehicles, for official vehicles used for police or inspection purposes; said cars so licensed shall not be required to display the markings herein required for other official vehicles. It shall be unlawful for any person, either public official or otherwise, to use any vehicle licensed under this section for any other use than the conduct of the public business, or without the markings herein required. Any person who shall violate, or fail to comply with the requirements of this section shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five ($25) dollars. Sec. 13. All registration or other fees herein or heretofore provided for in this act shall be and continue a lien against the motor vehicle for which said fees are payable until such time as they are paid as provided by law, with any accrued penalties. The lien of the original registration fee shall attach, at the time the same is first payable, as provided by law, and the lien of all renewals of registration shall attach on January first of each year thereafter. The collection of same may be enforced against any motor vehicle or it may be collected by suit against the owner who shall remain personally liable therefor until such time as the transfer thereof shall be reported to the county assessor or until such time as said vehicle ceases to be in use and all fees and penalties to such date shall be paid. On February first of each year, a penalty of three ($3) dollars shall be added to all fees required to be paid by that date, and one ($1) dollar shall be added to such fees on the first of each month thereafter that the same remains unpaid, until paid. Such delinquencies shall begin and penalty accrue the first of the month following the purchase of a new vehicle, and the first of the month following the date cars are brought into the state, except as herein otherwise provided. Sec. 14. It is hereby made the duty of the department to prepare and furnish the assessor of each county all blank forms required for the administration of this act, including applications for registration and transfer of vehicles, triplicate receipts, one of which shall be returned to the department on the day the license is issued, one delivered to the owner of the motor vehicle, and one retained by the assessor of the county, and including original remittance sheets to be used in remitting fees to the department in such form as the department may prescribe. |
κ1925 Statutes of Nevada, Page 183 (CHAPTER 122, AB 36)κ
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to prepare and furnish the assessor of each county all blank forms required for the administration of this act, including applications for registration and transfer of vehicles, triplicate receipts, one of which shall be returned to the department on the day the license is issued, one delivered to the owner of the motor vehicle, and one retained by the assessor of the county, and including original remittance sheets to be used in remitting fees to the department in such form as the department may prescribe. All receipts for fees paid, certificates of registration, notices of transfer, and other blanks required for the administration of this act shall contain the license number, manufacturers number, engine number, factory number, name of owner, and such other matters as the department may deem necessary for the efficient administration of this act. It shall be the duty of the department to install and maintain a numerical and county index using for such numerical index the duplicate registration receipt and compiling therefrom the county and alphabetical indexes, both of which shall contain the following information, viz., name and address of owner, name and address of legal owner, license number, make, engine number, model, style, date of purchase, registration certificate number, rated load-carrying capacity, weight, fees paid and date of payment. The certificate of registration provided for herein shall contain on its face the name of the owner of the motor vehicle, his postoffice address, the name and address of the legal owner, date of issue, fee paid, license number, make of car, style of car, model, engine number and signature of owner. The reverse side of the certificate of registration shall contain notice of sale and transfer of the motor vehicle by the legal owner to the purchaser, with a description of the car as set out in the certificate of registration, which shall have blank spaces for the signature of both the legal owner and purchaser. The assessor shall note upon the face of said certificate whether or not the personal property tax has been paid on the vehicle or listed on the assessment roll of the owner. Sec. 15. Upon the transfer of ownership of any registered motor vehicle, the owner shall immediately give notice to the county assessor, upon the form on the reverse side of the certificate of registration, stating the date of such transfer, the name and postoffice address, with street number if in a city, of the person to whom transferred, the license number, and such other information as the department may require. The purchaser of the motor vehicle shall join in the notice of transfer to the county assessor and shall at the same time make application for the transfer of the motor vehicle and for a new certificate of registration. Upon filing the application for the transfer, the applicant shall pay a fee of fifty (50c) cents for the transfer, thereupon the county assessor, if satisfied of the genuineness and regularity of such transfer, shall register said motor vehicle in the name of the transferee and issue a new certificate of registration as provided in this act. |
Department to furnish blank forms
County index maintained
What certificate of registration shall contain
Provisions for transfer of ownership |
κ1925 Statutes of Nevada, Page 184 (CHAPTER 122, AB 36)κ
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Duties of purchaser of used car
Unlawful to alter or deface numbers
Penalty |
county assessor, if satisfied of the genuineness and regularity of such transfer, shall register said motor vehicle in the name of the transferee and issue a new certificate of registration as provided in this act. Until said transferee has received said certificate of registration and has written his name upon the face thereof, for the purpose of this act, delivery and title to said motor vehicle shall be deemed not to have been made and passed. The county assessor shall forthwith notify the department of such transfer and upon receipt of such statement, the department shall file such statement in his office and note upon the registration book or index such change of ownership. The provisions provided for herein for the transfer of motor vehicles shall apply to the sale and transfer of all motor vehicles to manufacturers or dealers or used-car dealers. Sec. 16. It shall be unlawful for any person, firm, association or corporation, or agent, to buy any second-hand or used automobile, or motor vehicle, without requiring and receiving from the vendor thereof, a certificate of registration and transfer from the officer whose duty it is to register or license motor vehicles in the state in which said motor vehicle is registered or licensed, showing the factory number, license number, description, and ownership of said motor vehicle, or to sell or offer for sale any second-hand or used motor vehicle without furnishing to the vendee of said motor vehicle a certificate of registration and transfer from the officer whose duty it is to register or license motor vehicles in the state in which said motor vehicle is registered or licensed, showing the factory number, description, license number and ownership of said motor vehicle. It shall be unlawful for any person, firm, association or corporation or agent to deface, or alter, any serial number, engine number or assembling number of a motor vehicle or registration number on certificate of registration or to wilfully deface any license plate or to have in his or its possession a motor vehicle, the serial number or engine number of which is defaced, altered or tampered with, unless said person, firm, association or corporation has in his or its possession a certificate of registration and transfer from the officer whose duty it is to register or license motor vehicles in the state in which said motor vehicle is registered, showing good and sufficient reason why numbers are defaced, changed or tampered with; and also showing the original serial or engine number, and also showing the ownership of said motor vehicle. Any person, firm, association or corporation found guilty, personally or by agent, of violating any of the provisions of this section shall be fined not less than one hundred ($100) dollars or be imprisoned in the county jail not less than thirty (30) days. |
κ1925 Statutes of Nevada, Page 185 (CHAPTER 122, AB 36)κ
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Sec. 17. Where an engine number has been effaced or obliterated or in case a new or rebuilt engine does not bear a distinguishing number, it shall be the duty of the owner of the motor vehicle in which the engine is installed to file with the department an affidavit in such form as may be required by the department showing when and how the original number was obliterated or effaced, if known, the number of cylinders, name of maker, model number, from whom purchased, and any other information that may be pertinent. If satisfied with the information contained in the affidavit, the department shall issue a distinctive number for such engine, together with a certificate showing that such number has been authorized. A record shall be kept of the numbers so authorized. Such numbers shall embrace the last two figures of the year in which the number is authorized, followed by the letter N and the serial number assigned, thus, 25N1. A fee of two ($2) dollars shall be collected for the issuance and recording of such serial numbers. Any person who shall use a special serial number as defined in this section, without having filed the affidavit required and having obtained the certificate herein mentioned, or who shall operate a motor vehicle without an engine number, shall be guilty of a misdemeanor and punishable by a fine of not less than fifty ($50) dollars, or imprisonment for not less than twenty (20) days, or by both such fine and imprisonment. Sec. 18. Used-car dealers having on hand January first of any year, for sale or trade, used motor vehicles upon which license in Nevada or any other state for the previous year has been paid, may operate such motor vehicles as provided by section twenty (20) of this act. Used-car dealers licensed under the provision of this act must, on or before January fifth of each year, furnish the county assessor with a list of all used motor vehicles held by them for sale or trade and upon which the license fee for the current year is not paid, giving license number, initials of state issuing license plates, the year, together with the engine number, description and previous ownership at the time such motor vehicle was transferred to the used-car dealer, and all motor vehicles owned or controlled by a licensed manufacturer, dealer or used-car dealer acquired from other states must list same with the county assessor as herein provided; such listing to be made within forty-eight (48) hours after said motor vehicle comes into the possession or control of the dealer. Blanks or forms for such listing shall be prepared by the department and placed in the hands of county assessors not later than December fifteenth of any year. Any person, firm or corporation found guilty, personally or by agent, of violating any of the provisions of this section, shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five ($25) dollars. |
Owner must file affidavit when number obliterated
Penalty
Duties of used-car dealer
Penalty for violation |
κ1925 Statutes of Nevada, Page 186 (CHAPTER 122, AB 36)κ
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Number plates must be conspicuously displayed
Unlawful to change license number assigned
Penalty for violation
Dealers license |
Sec. 19. Every motor vehicle required to be licensed shall have conspicuously displayed the number plates furnished, one on the front end and one on the rear end of such vehicle, each securely fastened, so as to prevent the same from swinging, and each so placed that the same shall not become habitually obscured by oil, dust or mud. Said plates shall be carried not less than fifteen (15) inches nor more than forty-eight (48) inches from the ground and shall be so placed that a clear view of said plates shall not be obscured by bumpers or other articles affixed to said vehicle, or by the bed or end-gate of a truck. The number plates of a junked or dismembered vehicle shall not thereafter be used, and no number plate shall be detached from the vehicle for which it is issued and to which it belongs for the purpose of using the same upon any other vehicle, and any such plates shall not be used upon any vehicle, other than that for which it was issued. The certificate of registration issued by the county assessor shall also be displayed in a proper holder that will protect the same or kind approved by the department and placed in plain view in such place on or in the vehicle where the same can be easily seen by any peace officer or other person desiring to ascertain when the license fee was paid, and whether the car bears the proper certificate of registration. Such certificate container shall be attached to the vehicle in the front of the drivers compartment. The department may at its discretion approve devices for holding and displaying the certificate of registration, and may require such devices to receive and hold such certificate so that when the certificate is removed from the holder the certificate will be destroyed or mutilated so it cannot be used on other vehicles. It shall be unlawful to change the license numbers assigned by the county assessor to any motor vehicle, unless for some cause a new number may be assigned according to law, or to change the colors or make any counterfeit of certificate of registration, or to use or display on any motor vehicle any other than the certificate of registration licensing such vehicle, or to intentionally use or display any such certificate on which the names, numbers, or data stated are not true or do not correspond to the vehicle licensed. Such certificate of registration shall be of a distinctively different color each year and shall have data thereon that shall identify only the car on which same is carried. Any violation of this section shall constitute a misdemeanor, and upon conviction shall be punishable by a fine of not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or by imprisonment not exceeding thirty (30) days. Sec. 20. Every person, firm, association or corporation manufacturing or dealing in motor vehicles, including used motor vehicles, may, instead of registering each motor vehicle, make an application for a general distinctive number, for all the motor vehicles owned or controlled by such manufacturer, dealer or used-car dealer. |
κ1925 Statutes of Nevada, Page 187 (CHAPTER 122, AB 36)κ
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vehicle, make an application for a general distinctive number, for all the motor vehicles owned or controlled by such manufacturer, dealer or used-car dealer. On the payment of a registration fee of thirty ($30) dollars, such application shall be registered in the office of the department. The department shall thereupon assign and issue to such manufacturer, dealer or used-car dealer a general distinctive number and, without expense to the applicant, issue and promptly deliver to such manufacturer, dealer or used-car dealer a certificate of registration and four sets of number plates with a number corresponding to the number of such certificate. Such number plates shall be displayed by each motor vehicle of such manufacturer, dealer or used-car dealer when the same is operated or driven on the public highways. Such manufacturer, dealer or used-car dealer may obtain not to exceed five additional sets of number plates upon the payment to the department of two ($2) dollars for each duplicate set; provided, that if a manufacturer, dealer or used-car dealer has an established place of business in more than one city or town, such manufacturer, dealer or used-car dealer shall secure a separate and distinct certificate of registration and number plates for each such place of business. Nothing in this section shall be construed to apply to a motor vehicle operated by a manufacturer, dealer or used-car dealer for private use or for hire, which said motor vehicle shall be individually registered as provided in this act, it being expressly understood that motor vehicles owned by a manufacturer, dealer or used-car dealer, when such motor vehicles are equipped with dealer plates, as herein provided, may be operated only directly and not inferentially in the conduct of the business of such manufacturer, dealer, or used-car dealer; provided further, that no dealer plates shall be used upon motor vehicles for any purpose other than the transaction of business incident to the automotive industry of such licensed manufacturer, dealer, or used-car dealer, nor upon the sales cars of a manufacturer of or wholesale dealer in accessories, and it shall be unlawful to use dealer plates on any used motor vehicle, unless there is also displayed conspicuously thereon the plates issued to and for said motor vehicle for the current or any prior year. Sec. 21. That any manufacturer, dealer, or used-car dealer operating a motor vehicle upon the public highways of the state, which has not been registered according to law or has not displayed thereon two number plates issued by the automobile department showing the payment of a dealer license fee for the current year, shall be guilty of a misdemeanor and punished by a fine of not less than twenty ($20) dollars nor more than fifty ($50) dollars. Upon a second conviction such license may be revoked by the department, if, after hearing, the department determines that such manufacturer, dealer, or used-car dealer has wilfully violated the law with reference to the operation of motor vehicles upon the public highway without proper number plates or identification cards attached. |
Number plates must be displayed
Dealer must display number plates |
κ1925 Statutes of Nevada, Page 188 (CHAPTER 122, AB 36)κ
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Duties of nonresident owner
No charge for registration certificate
Number plates must be displayed
Registration valid for three months |
department, if, after hearing, the department determines that such manufacturer, dealer, or used-car dealer has wilfully violated the law with reference to the operation of motor vehicles upon the public highway without proper number plates or identification cards attached. Sec. 22. A nonresident owner of a motor vehicle, trailer or semitrailer which has been duly registered for the current year in the state or country of which the owner is a resident and in accordance with the laws thereof, may, in lieu of registering such vehicle as otherwise required by this act, apply to the department, or a duly appointed assistant, for the registration thereof as provided in this section. The nonresident owner shall, within ten days after commencing to operate such vehicle or causing or permitting it to be operated within this state, apply to the department, or a duly appointed assistant, for the registration thereof upon the appropriate official form, stating therein the name and home address of the owner and the temporary address, if any, of the owner while within this state, the registration number of said vehicle assigned thereto in the state or country in which the owner is a resident, together with such description of the motor vehicle as may be called for in the form, and such and other statements of facts as may be required by the department. The department, or assistant, shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards, and shall, without charge, issue to the owner a registration certificate of a distinctive form containing the date it is issued, a brief description of the vehicle, and a statement that the owner has procured registration of such motor vehicle as a nonresident. The department shall also issue a sticker of distinctive form and color which shall be carried on the lower right-hand corner of the windshield of the vehicle so registered. No nonresident owner of a motor vehicle, trailer or semitrailer shall operate any such vehicle or cause or permit it to be operated upon the public highways of this state, either before or while it is registered under this section, unless there shall at all times be displayed thereon the registration number plates assigned to said vehicle for the current calendar year by the country or state of which such owner is a resident, nor unless the certificate of registration, when issued thereto as in this section provided, shall be carried in plain sight in or upon said motor vehicle in the manner required of resident owners with respect to registration certificates. Every certificate of registration issued pursuant to this section shall be valid not to exceed three months from the date of its issuance. |
κ1925 Statutes of Nevada, Page 189 (CHAPTER 122, AB 36)κ
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All peace officers within the state are hereby required to strictly enforce the provisions of this act. No vehicle so registered by a nonresident owner shall be used in the transportation of passengers for hire or for business directly or indirectly. Any person, company, association or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars or thirty (30) days in the county jail, or both, at the discretion of the court. The department is hereby empowered and shall designate such officers in each county as may by him seem desirable, and such other agencies, to assist in carrying out the provisions of this act relative to the issuance of nonresident permits, giving such officers and agencies the authorization to act as assistants of the department in carrying out such provisions; provided, however, that no expenditure of funds is incurred in designating such assistants. Sec. 23. No vehicle shall be operated nor moved upon any public highway which has a total weight, including vehicle and load, in excess of twenty-five thousand (25,000) pounds when such vehicle is equipped with four wheels running on the highway, or having a total weight, including the vehicle and load, of thirty thousand (30,000) pounds when said vehicle is equipped with six wheels and with three axles, no two of which are less than ninety-six (96) inches apart; and no vehicle or other object or contrivance for moving loads which has a total weight, including any load thereon, in excess of thirty thousand (30,000) pounds shall be operated or moved upon any public highway unless upon stationary rails or tracks. No vehicle equipped with tires of any material other than metal shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred (600) pounds upon any inch of the channel-base width of tire; and no vehicle equipped with tires, rollers or wheels, the rolling surface of which resting upon the highway is made in whole or in part of metal, shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred (600) pounds upon any inch of width of tire, roller or wheel of such vehicle. The provisions of this section shall not apply to traction engines or tractors, the propulative power of which is exerted not through wheels resting upon the ground but by means of a flexible band or chain known as a movable track, when the portions of the movable tracks in contact with the surface of the highway presents plane surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels or track designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. |
Duties of officers
Vehicle not to be used for hire Penalty for violation
Department to enforce provisions of act
Certain vehicles may not operate on highways
Provisions not to apply to certain vehicles |
κ1925 Statutes of Nevada, Page 190 (CHAPTER 122, AB 36)κ
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Duties of peace officers
Penalty for violation
Vehicles must have certain devices
Requirements regarding lights |
that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels or track designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. Any peace officer shall require the driver of any vehicle driven upon the public highway in violation of the provisions of this section to immediately unload such portion of the load thereon as may be necessary to decrease the gross weight of any such vehicle and load to the maximum weight therefor specified in this act. Any person, company, association or corporation who moves any vehicle, object or contrivance over a public highway in violation of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars or more than five hundred ($500) dollars. Sec. 24. Every motor vehicle licensed for use on the public highways of this state shall be provided with adequate brakes. Every motor vehicle shall be equipped with a suitable bell, horn, other signaling device, except a siren which may be used only by fire or police apparatus or ambulances, producing an abrupt sound sufficiently loud to serve as an adequate warning of danger, but no persons operating any motor vehicle shall make or cause to be made any unnecessary noise with such bell, horn, or signaling device, or use the same except for a warning of danger. Loud signaling devices shall not be used during the period of from one hour after sunset to one hour before sunrise, unless absolutely necessary to avoid accidents. An adequate signaling device shall in all cases be sounded on approaching curves, tops of hills, and the intersecting highways in the country where the operators view is obscured. All motor vehicles in use on the public highways, excepting motorcycles, motor bicycles and such motor vehicles as are properly equipped with one light in forward center of such motor vehicle, shall, during the period of from one hour after sunset to one hour before sunrise, display two or more white or tinted lights, other than red, on the forward part of said vehicle, so placed as to be seen from the front, and of sufficient illuminating power to be visible at a distance of five hundred (500) feet in the direction in which displayed, and to reveal any persons, vehicle or substantial object seventy-five (75) feet ahead of the lamps. Such motor vehicle when in use shall also display on the rear a lamp so constructed and placed as to show a red light from the rear. |
κ1925 Statutes of Nevada, Page 191 (CHAPTER 122, AB 36)κ
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Motorcycles, motor bicycles and motor vehicles equipped with one light as herein provided, shall display on the forward part one white or tinted light, as aforesaid, and a red light to the rear; provided, that the operator of any motor vehicle may proceed in a cautious and careful manner, in the event of a failure of one or more of his lights to operate, toward his destination, but he shall take the first reasonable opportunity to put his lights in order, otherwise be deemed guilty of violation of this provision. The provision as to the rear light shall also apply to vehicles which are trailed or towed by motor vehicles. It shall be unlawful to use on a vehicle of any kind operated on the public highways of this state, including motorcycles, any lighting device of over four (4) candle-power, equipped with a reflector, unless the same shall be so designed or arranged that no rays of light shall be projected upward, or above the level of the headlight center; and provided further, that no headlight shall be capable of projecting its rays higher than forty-two (42) inches from the level surface on which the vehicle stands under all conditions of load. If, in addition to headlights, any auxiliary light, projecting lights, or devices other than the rear lamp, such auxiliary light or lights shall be subject to all the restrictions of this section, regarding direction of the beam. If a spotlight is used on a motor vehicle, it shall be unlawful for any person to direct its rays toward the eyes of the driver or occupants of any approaching vehicle, or to the left of the center of the traveled way when meeting another vehicle. No person shall operate a motor vehicle on any highway of this state equipped with an electric bulb or other lighting device of a greater capacity than twenty-one (21) candle-power, no matter how the same may be shaded, covered or obscured. Any person who shall turn all or any of his motor vehicles lights off for the purpose of avoiding arrest or identification shall be deemed guilty of a misdemeanor. Every motor vehicle and motorcycle operating on the highways of this state shall be equipped with a muffler or silencer which will reduce the sound of the explosion of the engine to the greatest possible degree; provided, that it shall be unlawful for any person to drive or permit to be driven on the streets of any city or town, any motor vehicle or motorcycle at any time with the muffler cut out or not in operation. Any violation of this section shall constitute a misdemeanor, and, upon conviction, shall be punished by a fine of not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for the first and second offenses; provided further, that for the third conviction the department shall revoke the license and certificate of registration of the vehicle and no new license or certificate shall be granted for the vehicle for a period of one (1) year. Sec. 25. It shall be the duty of every county assessor to remit daily to the department the full amount collected for licenses and penalties during the preceding day; provided, that after April 30 of each year such reports and remittances shall be rendered on Monday of each week. |
Proviso
Must be equipped with muffler
Penalty |
κ1925 Statutes of Nevada, Page 192 (CHAPTER 122, AB 36)κ
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Assessors must make reports
Receipts deposited with state treasurer
Order of disbursement of funds
Failure to perform duties misfeasance |
remit daily to the department the full amount collected for licenses and penalties during the preceding day; provided, that after April 30 of each year such reports and remittances shall be rendered on Monday of each week. He shall also submit such statements or duplicate registration certificates as may be required by the department in order to carry out the intentions of this act. The county assessor shall be liable under his official bond for all moneys collected under this act. Sec. 26. On receipt of the remittances mentioned in the preceding section the department shall deposit the same, together with fees collected directly by the department under this act, with the state treasurer. The state treasurer shall place all moneys thus received in a fund to be known as the Motor Vehicle License Fund. And all moneys which shall have been collected as motor vehicle license fees in 1925 prior to the time this act shall take effect, shall also be deposited in said fund. Disbursements shall be made from said fund in the following order: First-To meet the requirements of the Nevada Highway Bond Redemption Fund as defined by section six (6) of an act entitled An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds, approved March 28, 1919; provided, that fees collected from owners of automobiles residing in any county not included in the state highway system, as defined by law, shall be paid to the treasurer of such county monthly, to be there placed in an Automobile and Repair Fund to be disbursed at such times, in such amounts, and in such manner as the board of county commissioners of such county may direct. Second-In the event that provision is not made otherwise for the payment of the expenses of administering this act, the department shall deduct the sum of fifty cents ($0.50) from the payment of each motor vehicle license issued under this act and shall place the same in a fund to be known as The Motor Vehicle Expense Fund, to be drawn upon for all expenditures made in administering this act, after claims have been approved by the board of examiners, and the state controller shall issue warrants for all such expenses incurred. Any and all moneys remaining in said fund at the end of each year shall be transferred to the state highway fund. Third-When the foregoing requirements have been met, the state controller shall transfer at the end of each quarter-year to the state highway fund any balance then remaining in the Motor Vehicle License Fund. Sec. 27. Any assessor who shall fail or refuse to do anything required of him under this act, or shall fail or refuse to submit reports at or within the time required in this act, shall be guilty of a misfeasance in office. |
κ1925 Statutes of Nevada, Page 193 (CHAPTER 122, AB 36)κ
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Sec. 28. The governor is authorized to require any employees of the state, or any department thereof, to assist in enforcing the provisions of this act to the extent and in such manner as may be designated and required by him, without additional compensation. Sec. 29. If any provision or section of this act shall be held unconstitutional by any court of competent jurisdiction, such judgment shall not affect or invalidate any other provision or section of this act. Sec. 30. The following acts are hereby expressly repealed: An act to amend an act entitled An act regulating automobiles or motor vehicles in 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; to provide for the registration and issuing of number plates for vehicles; and repealing an act entitled An act to amend certain sections of an act entitled An act regulating automobile 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, approved March 24, 1917, and repealing a certain section of a certain act, approved March 25, 1921, approved March 21, 1923. An act exempting certain motor vehicles from the payment of a license fee and prohibiting the use of such vehicles for other than public business, approved March 22, 1921. An act making it the duty of the several county assessors of the State of Nevada to report to the secretary of state the ownership of and other information concerning motor vehicles within their respective counties, approved March 22, 1915; and also all other acts or parts of acts in conflict or inconsistent with the provisions of this act. |
Governor may require assistance in enforcing act
Sections independent
Acts repealed |
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κ1925 Statutes of Nevada, Page 194κ
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General appropriations for 1925-1926
Governors office and mansion
Lieutenant-governor
Secretary of state
Attorney-general
State controller and insurance commissioner |
[Senate Bill No. 170Ways and Means Committee]
Chap. 123An Act making appropriations for the support of the civil government of the State of Nevada for the years 1925 and 1926.
[Approved March 19, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed and for the support of the government of the State of Nevada for the years 1925-1926:
Administrative Offices Sec. 2. The Office and Mansion of the Governor. For salary of governor............................................................................ ..................................................................................... $14,000.00 For salary of governors private secretary.......................................... ......................................................................................... 4,800.00 For salary of clerk in governors office................................................ ......................................................................................... 3,600.00 For salary of extra clerical help.............................................................. ............................................................................................ 375.00 For traveling expenses of the governor............................................... ......................................................................................... 1,500.00 For maintenance of the governors mansion and care...................... ......................................................................................... 4,500.00
Sec. 3. The Office of Lieutenant-Governor and Adjutant-General. For salary of lieutenant-governor and adjutant-general................... ....................................................................................... $7,200.00 For traveling expenses of the lieutenant-governor............................ ............................................................................................ 150.00 For salary of stenographer, for care, transfer, transportation and insurance of military property, for traveling and incidental expenses of the adjutant-general................................................................................ ........................................................................................................... 4,000.00
Sec. 4. The Office of Secretary of State. For salary of secretary of state............................................................. ....................................................................................... $7,200.00 For salary of deputy secretary of state................................................ ......................................................................................... 4,800.00 For salary of clerk.................................................................................... ......................................................................................... 4,000.00 For salary of typist.................................................................................. ......................................................................................... 3,000.00 For salary of stenographer.................................................................... ......................................................................................... 3,000.00 For purchase of equipment.................................................................... ............................................................................................ 700.00
Sec. 5. The Office of Attorney-General. For salary of attorney-general............................................................... ..................................................................................... $10,000.00 For salary of deputy attorney-general................................................. ......................................................................................... 6,000.00 For salary of stenographer.................................................................... ......................................................................................... 3,000.00 For traveling and contingent expenses............................................... ......................................................................................... 3,000.00
Sec. 6. The Office of State Controller and Insurance Commissioner. For salary of state controller................................................................. ....................................................................................... $7,200.00 For salary of deputy state controller.................................................... ......................................................................................... 4,800.00 For salary of typist.................................................................................. ......................................................................................... 3,000.00 |
κ1925 Statutes of Nevada, Page 195 (CHAPTER 123, SB 170)κ
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For salary of clerk for insurance commissioner.................................. 3,000.00 For salary of extra clerk.......................................................................... 3,600.00 For premiums on insurance................................................................... 13,000.00 For fire protection for public buildings................................................ 1,000.00 For office supplies.................................................................................. 1,000.00
Sec. 7. The Office of the State Treasurer. For salary of state treasurer................................................................... $7,200.00 For salary of deputy state treasurer..................................................... 4,800.00 For salary of clerk.................................................................................... 3,000.00 For exchange on state money transfers............................................... 5,000.00
Sec. 8. The State Mine Inspector. For salary of state mine inspector........................................................ $7,200.00 For salary for two deputies.................................................................... 9,600.00 For salary of clerk.................................................................................... 3,000.00 For support of mine inspectors office................................................ 8,900.00 For purchase of gas masks for mine rescue work.............................. 300.00
Administrative Plants Sec. 9. The State Printing Office. For salary of superintendent of state printing.................................... $7,200.00 For salary of bookkeeper....................................................................... 3,000.00 For support of state printing office...................................................... 41,600.00 To be expended under the direction of the superintendent of state printing, subject to the approval of the state board of printing control, and apportioned as follows: Overhead................................................................................................. $12,800.00 Legislative................................................................................................... 6,862.70 University of Nevada................................................................................ 4,354.10 Secretary of state....................................................................................... 3,324.35 Governor........................................................................................................ 529.00 Lieutenant-governor.................................................................................... 232.50 State controller and ex officio insurance commissioner....................... 1,414.00 State treasurer............................................................................................... 250.00 Surveyor-general.......................................................................................... 545.00 Attorney-general.......................................................................................... 615.00 Superintendent of public instruction...................................................... 3,354.60 Clerk supreme court...................................................................................... 200.00 Mining inspector.......................................................................................... 611.00 State engineer................................................................................................ 375.00 State bank examiner...................................................................................... 400.00 State library.................................................................................................... 140.00 Labor commissioner..................................................................................... 842.00 Tax commission............................................................................................. 420.00 Nevada state prison..................................................................................... 220.50 Nevada state police...................................................................................... 259.00 Rabies commission......................................................................................... 32.80 State orphans home.................................................................................... 100.00 Public service commission.......................................................................... 262.00 Nevada hospital for mental diseases......................................................... 315.00 State board of health.................................................................................... 254.00 |
State treasurer
Inspector of mines
State printing office |
κ1925 Statutes of Nevada, Page 196 (CHAPTER 123, SB 170)κ
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State printing office
Capitol and grounds, etc.
Public service commission
Tax commission
Board of health
Bank examiner and board of finance
Sheppard-Towner Act
State auditor |
Fish and game commission............................................................... 339.50 State sheep commission.................................................................... 73.80 State auditor........................................................................................ 336.00 State board stock commissioners.................................................... 228.65 State apiary commission................................................................... 22.00 State board medical examiners......................................................... 50.00 State board of examiners................................................................... 250.00 State board of pharmacy................................................................... 50.00 Board of pardons and parole............................................................ 100.00 State racing commission................................................................... 10.00 Agricultural extension division........................................................ 1,000.00 State board of finance....................................................................... 75.00 Supreme court judges........................................................................ 50.00 State agricultural society.................................................................. 117.00 School of industry............................................................................. 68.00 State historical society...................................................................... 117.50
The Boards, Commissions and Appointive Offices Sec. 10. The Board of Capitol Commissioners. For salaries of 1 clerk, 4 janitors, 2 watchmen, 1 gardener, 1 engineer, and for fuel, light, water, stamps and stationery, telephone and telegraph, equipment and repairs, care of capitol and memorial buildings and grounds, and sundry supplies and expenses................. ....................................................................................................... $55,000.00
Sec. 11. The Public Service Commission. For salary of chairman............................................................................ $9,000.00 For salary of commissioner.................................................................... 4,000.00 Secretary and rate expert........................................................................ 6,000.00 For support of commission.................................................................... 14,500.00
Sec. 12. The Nevada Tax Commission. For salaries of commissioners............................................................... $6,000.00 For salary of secretary............................................................................ 6,000.00 For support of commission.................................................................... 18,000.00
Sec. 13. The State Board of Health. For salary of secretary............................................................................ $5,000.00 For support of state board of health.................................................... 3,600.00
Sec. 14. The State Bank Examiner and the State Board of Finance. For salary of state bank examiner......................................................... $8,000.00 For salary of clerk.................................................................................... 3,000.00 For support of state bank examiner and board of finance................ 3,000.00
Sec. 15. The Sheppard-Towner Act. For support of the Sheppard-Towner Act.......................................... $11,044.00
Sec. 16. The State Auditor. For salary of state auditor...................................................................... $6,000.00 For salary of deputy state auditor........................................................ 4,800.00 For support of state auditors office.................................................... 4,600.00 |
κ1925 Statutes of Nevada, Page 197 (CHAPTER 123, SB 170)κ
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Sec. 17. The Labor Commissioner. For salary of labor commissioner.......................................................... ................................................................................ $3,000.00 For salary of stenographer.................................................................... .................................................................................. 3,000.00 For support of office of labor commissioner....................................... .................................................................................. 2,800.00
Sec. 18. The Fish and Game Commission. For support of the fish and game commission................................... .............................................................................. $20,000.00
Sec. 19. The Nevada State Police. For salary of superintendent................................................................. ................................................................................ $7,200.00 For salary of inspector........................................................................... .................................................................................. 4,800.00 For salaries, wages, material and general support............................. .................................................................................. 8,000.00
Sec. 20. The Nevada State Historical Society. For the support of the Nevada state historical society..................... .............................................................................. $13,000.00
Sec. 21. The State Engineers Office. For salary of state engineer................................................................... ................................................................................ $8,000.00 For salary of assistant state engineer.................................................. .................................................................................. 7,200.00 For maintenance and support state engineers office....................... ................................................................................ 28,000.00 For snow surveys................................................................................... .................................................................................. 1,500.00 For building cabins................................................................................. ..................................................................................... 500.00 For cooperative water measurement with U. S. geological survey.. .................................................................................. 5,000.00
Sec. 22. The State Sealer of Weights and Measures. For support of state sealer of weights and measures........................ ................................................................................ $4,000.00
Sec. 23. The Colorado River Development Commission of Nevada. For support of the Colorado river commission of Nevada............... ................................................................................ $2,000.00
Sec. 24. The Nevada State Bureau of Mines.
Sec. 25. The State Rabies Commission. For support of the state rabies commission........................................ .............................................................................. $50,000.00
Sec. 26. State Recreation Grounds and Game Refuges Commission. For the support of recreation grounds and game refuges................ .............................................................................. $20,000.00
Sec. 27. The State Library. For salary of state librarian.................................................................... ................................................................................ $4,800.00 For salary of two assistant state librarians......................................... .................................................................................. 6,000.00 For equipment, cataloging books, binding, stationery and general support of the state library.............................................................................................. 12,000.00
The Penal and Charitable Institutions Sec. 28. The State Orphans Home. For salaries of superintendent and matron......................................... ................................................................................ $6,000.00 For support of state orphans home.................................................... ................................................................................ 57,000.00
Sec. 29. Nevada School of Industry. For salary of superintendent................................................................. ................................................................................ $4,800.00 For support of Nevada school of industry......................................... ................................................................................ 30,000.00 |
Labor commissioner
Fish and game commission
State police
Historical society
State engineer
Weights and measures
Colorado river development commission
Rabies commission
Recreation grounds and game refuges
State library
State orphans home
School of industry |
κ1925 Statutes of Nevada, Page 198 (CHAPTER 123, SB 170)κ
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State prison
Hospital for mental diseases
Florence Crittenton mission
Dental service
Department of education
Industrial rehabilitation
Vocational education
Deaf, dumb, and blind
Supreme court |
Sec. 30. The Nevada State Prison. For support of the Nevada state prison.............................................. $146,000.00 For expenses and transportation bringing prisoners to Carson City and rewards.......................................................................................................... ......................................................................................................... 10,000.00 For death watch over condemned criminals....................................... 3,000.00 For repairs and equipment for industrial training............................... 10,000.00
Sec. 31. The Nevada State Hospital for Mental Diseases. For salary of superintendent................................................................. $7,200.00 For support of Nevada state hospital for mental diseases............... 154,800.00
Sec. 32. The Florence Crittenton Mission. For support of the Florence Crittenton Mission................................ $4,800.00
Sec. 33. The Dental Service at State Institutions. For support of dental service for state institutions........................... $1,000.00
Educational Institutions Sec. 34. Department of Education, Administrative. For salary of superintendent of public instruction............................ $7,200.00 For salary of office deputy.................................................................... 4,800.00 For salary of stenographic clerk........................................................... 3,000.00 For salary of deputy superintendents................................................. 24,000.00 For traveling expenses of superintendent of public instruction...... 1,500.00 For traveling and office expenses of deputy superintendents........ 15,000.00 For teachers examinations, institutes, state textbook commission, educational tests and school registers..................................................... ........................................................................................................... 4,300.00 For office equipment, files, etc.............................................................. 250.00
Sec. 35. Industrial Rehabilitation Board. For support of state industrial rehabilitation under direction of the industrial rehabilitation board in cooperation with the federal government................................................................................................... ....................................................................................................... $10,000.00
Sec. 36. State Board of Vocational Education. For support of vocational education in cooperation with federal board of vocational education and local and district school boards and including the mining schools and states portion of the salaries and expenses of all officers of said state board.............................................. ....................................................................................................... $35,000.00
Sec. 37. The Care of the Deaf, Dumb and Blind. For the care of the deaf, dumb and blind (under the control of the state board of education)..................................................................................... ....................................................................................................... $16,000.00
The Judicial Branch Sec. 38. The Supreme Court. For salaries of the supreme court justices........................................... $36,000.00 For salary of clerk of the supreme court.............................................. 7,200.00 For salary of the reporter of decisions................................................. 4,800.00 |
κ1925 Statutes of Nevada, Page 199 (CHAPTER 123, SB 170)κ
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For salary of the stenographers of the court and clerk..................... 9,000.00 For salary of the bailiff........................................................................... 600.00 For publishing Nevada reports............................................................. 4,800.00 For printing decisions in Carson Appeal............................................ 3,600.00 For stamps, stationery and supplies, telephone and telegraph, equipment and expenses for the supreme court and clerk.............................................. 2,000.00
Sec. 39. The District Courts. For traveling expenses of the district court judges (to be budgeted by the board of examiners)............................................................................................ $10,000.00
Miscellaneous Administrative Expenses Sec. 40. For care of G. A. R. cemetery................................................................. $300.00 For election expenses............................................................................. 1,000.00 For industrial insurance, state employees........................................... 4,000.00 For state officers bond premiums......................................................... 1,500.00 For rewards of the governor.................................................................. 4,000.00 For publication of list of defaulting corporations.............................. 1,120.00 For commission for the promotion of uniform legislation................. 300.00 For refund of state taxes........................................................................ 1,000.00 For state advertisements in Carson News........................................... 3,000.00
Sec. 41. The Surveyor-General and State Land Register. The following sums are hereby appropriated from the permanent school fund for the purposes hereinafter expressed, for the years 1925 and 1926: For salary of surveyor-general and state land register..................... $7,200.00 For salary of deputy surveyor-general and state land register........ 4,800.00 For salary of draftsman.......................................................................... 4,000.00 For township plats, letter files and fixtures......................................... 500.00
Sec. 42. State Board of Stock Commissioners. To cover overdraft of money advanced during the epidemic of foot-and-mouth disease..................................................................................................... $21,833.25
Sec. 43. Eastern Nevada Agricultural Extension. For cooperative agricultural extension work in eastern Nevada as defined in the Smith-Lever act of Congress..................................................................... $12,500.00
Sec. 44. There is hereby appropriated from the state distributive school fund for the support of evening schools, as provided by law, for the two school years of 1925-1926 and 1926-1927 the sum of ............................................... $9,000.00
Sec. 45. The State Free Employment Service. For support of the state free employment service............................. $3,500.00 |
Nevada reports
District courts
Miscellaneous expenses
From permanent school fund
Board of stock commissioners
Eastern Nevada agricultural extension
Evening schools
State free employment service |
κ1925 Statutes of Nevada, Page 200 (CHAPTER 123, SB 170)κ
|
Conflicting acts repealed
In effect |
Sec. 46. All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act. Sec. 47. This act shall take effect upon its passage and approval. |
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County commissioners to levy tax for exposition purposes |
[Assembly Bill No. 171Washoe County Delegation]
Chap. 124An Act to amend an act entitled An act authorizing and directing the board of county commissioners of Washoe County, Nevada, to levy, for the fiscal years 1925 and 1926, an ad valorem tax of 20 cents on each one hundred dollars of taxable property in Washoe County, Nevada, for the purpose of assisting in defraying the cost and expenses of an exposition to be held at Reno, Washoe County, Nevada, during the year 1926, and known as the 1926 Nevada Transcontinental Highways Exposition; authorizing said county commissioners to appoint a board of governors of said exposition; defining and prescribing the duties of said board of governors; establishing a fund to be known as the 1926 Nevada Transcontinental Highways Exposition Fund, and providing the method by which all moneys shall be drawn therefrom, and disposing of any balance remaining in said fund after the payment of all expenses of said exposition, approved February 23, 1925, by adding a new section thereto to be numbered section 6.
[Approved March 19, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The act entitled An act authorizing and directing the board of county commissioners of Washoe County, Nevada, to levy, for the fiscal years 1925 and 1926, an ad valorem tax of 20 cents on each one hundred dollars of taxable property in Washoe County, Nevada, for the purpose of assisting in defraying the cost and expenses of an exposition to be held at Reno, Washoe County, Nevada, during the year 1926, and known as the 1926 Nevada Transcontinental Highways Exposition; authorizing said county commissioners to appoint a board of governors of said exposition; defining and prescribing the duties of said board of governors; establishing a fund to be known as the 1926 Nevada Transcontinental Highways Exposition Fund, and providing the method by which all moneys shall be drawn therefrom, and disposing of any balance remaining in said fund after the payment of all expenses of said exposition, approved February 23, 1925, is hereby amended by adding an additional section, to be known as section 6, which shall read as follows: |
κ1925 Statutes of Nevada, Page 201 (CHAPTER 124, AB 171)κ
|
Section 6. The board of county commissioners of the county of Washoe are authorized and empowered by majority vote to negotiate from time to time such temporary loan or loans, not exceeding in the aggregate the sum of $150,000, as may be necessary to carry into effect the foregoing provisions of this act so that the monies necessary may be available on or before the opening of the said exposition, and prior to the collection of the tax authorized by this act. Whenever the board of county commissioners of the county of Washoe shall authorize any such loan or loans as provided herein, they may issue as evidence thereof negotiable promissory notes, or short-time negotiable bonds payable out of the 1926 Nevada Transcontinental Highways Exposition Fund. Such evidences of indebtedness shall mature not later than the fifteenth day in June, 1927, and shall bear interest at such rate not exceeding six (6%) per cent per annum as shall be fixed by said board of county commissioners, and shall be redeemable at the option of the county at any time when money is available in the 1926 Nevada Transcontinental Highway Exposition Fund. All notes or other evidence of indebtedness issued hereunder shall be signed by at least two members of the board of county commissioners and attested by the clerk of said Washoe County under the seal of the county. Sec. 2. This act shall be in effect immediately upon its approval. |
Temporary loan of $150,000
Bonds to mature not later than June, 1927
In effect |
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|
[Senate Bill No. 53Senator Cowles]
Chap. 125An Act fixing salaries of certain deputies of the county officers of Washoe County, Nevada, and repealing all acts in conflict herewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The salary of the chief deputy of the county treasurer of Washoe County, Nevada, is hereby fixed at the sum of twenty-one hundred ($2,100) dollars per annum. Sec. 2. The salary of the chief deputy county clerk of Washoe County, Nevada, is hereby fixed at the sum of twenty-one hundred ($2,100) dollars per annum, and the remaining two deputies in the office of the county clerk of Washoe County, Nevada, shall each receive the sum of eighteen hundred ($1,800) dollars per annum. Sec. 3. All salaries provided for in this act shall be payable in equal monthly installments. Sec. 4. This act shall take effect from and after its passage and approval. Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Salary of deputy treasurer
Salary of deputy clerk
In effect |
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κ1925 Statutes of Nevada, Page 202κ
|
Bag-limit for duck, etc.
May kill game on certain days only
Proviso |
[Senate Bill No. 56Senator Meder]
Chap. 126An Act to amend an act entitled An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith, approved March 21, 1923.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13 of the above-entitled act is hereby amended to read as follows: Section 13. It shall be unlawful for any person to take or have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, ten sagehen or sagecock, ten snipe, five geese, five brants, three grouse, three pheasant, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cotton tail rabbits, or two mountain hare. Sec. 2. A new section is hereby added to the above-entitled act, to be known as Section 8a and reading as follows: Section 8a. It shall be unlawful for any person to take any wild duck, goose or brant within this state, except upon a Wednesday, Saturday or Sunday between the sixteenth (16) day of September and the thirty-first (31) day of December of each year, both dates included; provided, that nothing herein shall prevent the taking of any of the birds named in this section upon the sixteenth (16) day of September, the twelfth (12) day of October, the thirty-first (31) day of October, the eleventh (11) day of November, Thanksgiving day, the twenty-fifth (25) day of December, or the thirty-first (31) day of December. |
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κ1925 Statutes of Nevada, Page 203κ
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[Senate Bill No. 69Senator Vencill]
Chap. 127An Act to amend an act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands, and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversions, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith, approved March 19, 1919.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three (3) of said act is hereby amended so as to read as follows: Section 3. When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. Contiguous or neighboring lands susceptible of irrigation from the common source or combined sources aforesaid, not included in such district as described in the petition, may at such hearing upon application of the holder or holders of title or evidence of title thereto, as prescribed in section 1 hereof, be included in such district, and lands described in said petition not susceptible of irrigation from such system or systems may upon similar application be excluded therefrom; provided, always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is susceptible of irrigation by the system or systems aforesaid. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well founded a writ of mandamus shall upon proper application therefor issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. |
County commissioners to hold hearing on petition; may adjourn same not exceeding three weeks
Board shall not modify district boundaries to defeat object
Informalities to be disregarded
Mandamus resorted to, when |
κ1925 Statutes of Nevada, Page 204 (CHAPTER 127, SB 69)κ
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Election to be called
Notice of election to be published
Polling places and election officers
Who entitled to vote |
denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division by the qualified electors of the district and shall be a qualified elector of the district and holder of title, or evidence of title as prescribed in section 1 of this act, to land within the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act; provided, that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. Such notice shall require the electors to cast ballots, which shall contain the words Irrigation District-Yes, or Irrigation District-No, or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling-place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The number of directors and the number of divisions of any district organized under the laws of this state shall not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited. Sec. 2. Section eight (8) of said act is hereby amended so as to read as follows: Section 8. Any person, male or female, of the age of 21 years or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States and who is a bona-fide holder of title, or evidence of title, as defined in section 1 hereof, to at least five (5) acres of land situated in the district, shall be entitled to one vote at any election held under the provisions of this act, and shall be held to be referred to whenever the words elector or electors are used herein. Any elector residing outside of the district owning at least five (5) acres of land in the district and qualified to vote at district elections shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located for the purpose of determining his place of voting and qualifications for holding office. |
κ1925 Statutes of Nevada, Page 205 (CHAPTER 127, SB 69)κ
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residing outside of the district owning at least five (5) acres of land in the district and qualified to vote at district elections shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located for the purpose of determining his place of voting and qualifications for holding office. A guardian, executor or administrator shall be considered as the holder of title or evidence of title, as prescribed in section 1 hereof, to the land in the state for which he is such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this act. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons, and the president of the corporation, or other person duly authorized by the president or vice-president, in writing, may sign any petition authorized by this act, and register and cast the vote of the corporation at any election. Sec. 3. Section ten (10) of said act is hereby amended so as to read as follows: Section 10. The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions or other representatives in the interest of the district as may be required and prescribe their duties and remuneration, and to establish by-laws, rules and regulations for the distribution and use of water in the district, and to compel water users, at their expense, to install measuring and regulating devices to effect and make a proper distribution of water. In the event the user fails to install any such device when ordered the district may install the same and charge the actual cost thereof to the water user and such charge will be regarded and treated as a cost of distribution and collected in the same manner from such water user. Said by-laws, rules and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying with the provisions of the aforesaid act of Congress of August 11, 1916, the board shall have power to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board is hereby empowered, without calling an election therefor, to lease, in the name of the district, lands from the United States government or any person or corporation that are situate in or near the district for use by the water users of the district as a community pasture under such rules and regulations as the board may prescribe, and said board may collect such fees from the owners of live stock using such pasture as may, in the judgment of the board, be advisable. |
Rights of corporations
General powers of board of directors |
κ1925 Statutes of Nevada, Page 206 (CHAPTER 127, SB 69)κ
|
General powers of board of directors |
that are situate in or near the district for use by the water users of the district as a community pasture under such rules and regulations as the board may prescribe, and said board may collect such fees from the owners of live stock using such pasture as may, in the judgment of the board, be advisable. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, either within or without the State of Nevada, and shall also have the right to acquire or contract for the delivery of electric power and electric-power or transmission lines. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment of not less than ninety (90%) per cent of their par value and accrued interest. The board may appropriate water in accordance with the law, and also construct the necessary dams, reservoirs, and works for the collection, storage, conservation and distribution of water for said district and for the drainage of the lands thereof, and do any and every lawful act necessary to be done in order to accomplish the things and purposes herein described. The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts heretofore or hereafter organized, together with the rights of way for canals and ditches, sites for reservoirs, electric-power and transmission lines, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use. The board of directors is hereby empowered to change the boundaries of one or more divisions of the district in order to more nearly equalize the number of electors in the respective divisions, whenever in the opinion of the board it is advisable so to do; provided, that new lands shall not be included within the district boundaries and lands within the district shall not be excluded by such change of boundaries, except as otherwise provided in this act. Such change of division boundaries shall become effective when a certified copy of a resolution making such change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, shall be filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate. Sec. 4. Section twenty-seven (27) of said act is hereby amended so as to read as follows: Section 27. At its regular meeting in September the board of directors shall levy an assessment upon the lands in said district in accordance with the provisions of this act, which assessment shall be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. |
κ1925 Statutes of Nevada, Page 207 (CHAPTER 127, SB 69)κ
|
district in accordance with the provisions of this act, which assessment shall be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. At the expiration of ten years after a bond issue, or such other period as may be authorized, 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 of that issue as they mature, and must increase said assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as such principal may be required to be paid under the terms of the contract. Said board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax delinquencies. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein, assessments made for any of the other purposes of this act shall be made and levied as above provided and entered in appropriate columns of the assessment book or books. In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, it shall be the duty of the board of county commissioners of the county in which the office of the district is located to levy such assessment at its next regular meeting, or at a special meeting called for such purpose. The state board of irrigation district bond commissioners, at any time upon obtaining knowledge of such failure or refusal, shall have power, and it shall be their duty, to forthwith levy such assessment. It shall be the duty of the district attorney of the county in which the office of any irrigation district is located, at the time such assessment should be made, to ascertain the fact in respect to the same, and if such assessment has not been made by the board of directors as required, to immediately notify the said board of county commissioners, the state board of irrigation district bond commissioners, and the attorney-general in respect to such failure. It shall be the duty of the district attorney and the attorney-general to aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purposes of this section, in the event no other assessment is made, such assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes shall be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. |
Assessment for interest on bonds; may be increased, when
County commissioners to levy assessment, when
Duty of district attorney |
κ1925 Statutes of Nevada, Page 208 (CHAPTER 127, SB 69)κ
|
Bids for construction of works to be advertised for in newspapers
What notice shall contain
No bids, when
Contractors must give bond |
manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, such assessment shall be deemed to have been made, and the taxes based thereon shall be collected the same as though such assessment had been regularly levied by the board of directors of the district. Sec. 5. Section thirty (30) of said act is hereby amended so as to read as follows: Section 30. After adopting a plan for such works as are proposed, unless a contract or contracts for the construction of such works shall have been made under section 21 hereof, the board of directors shall cause notice to be given by the secretary by publication thereof for not less than two weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works, or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice shall set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids. At the time and place appointed the bids shall be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals; provided, that in case of emergency or urgent necessity for the construction, extension, or repair of works for irrigation or drainage, the board of directors, by unanimous vote of those present at any regular or special meeting, may award contracts therefor without advertising for bids but the cost of such work shall not exceed five hundred dollars and such additional amount as shall be equal to five cents for each acre of land in the district. Contracts for the purchase of material shall be entered into in the same manner, but if no reasonable bid is received, the material may be purchased without advertising. Any person or persons to whom a contract may be awarded shall enter into a bond in favor of the district with good and sufficient sureties, to be approved by the board for not less than 20 per cent of the amount of the contract price, conditioned upon the faithful performance of said contract. |
κ1925 Statutes of Nevada, Page 209 (CHAPTER 127, SB 69)κ
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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 to fully pay for the work or material so contracted for, or unless such contract is made payable in bonds of the district as provided for in section 21; and provided further, that the provisions of this section shall not apply in the case of a contract for the construction of works or otherwise being entered into between the United States Government and the district. |
Proviso |
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[Senate Bill No. 73Senator Fall]
Chap. 128An Act supplementary to an act entitled An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electric power and telephone line extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon, in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of said bonds, and other matters relating thereto, approved March 4, 1921, and of all acts amendatory thereof, and authorizing the board of county commissioners of the county of Mineral, State of Nevada, to form a foreign corporation for certain purposes in connection with the ownership and operation of the Mineral County power system; prescribing who shall be stockholders and directors thereof; fixing their powers and duties; prohibiting the alienation or sale of the property of said system and other matters relating thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Mineral County, Nevada, are hereby authorized to take such action as they may deem necessary to legally safeguard the interests of the Mineral County power system (a public utility owned and operated by the said county of Mineral) in the ownership, maintenance, and operation of that portion of the electric lines belonging to said system, lying and being in the State of California, and may lease or sell such part of said system lines, or any part thereof as may be deemed desirable or necessary to a public utility corporation to be organized under the laws of such state for the purpose of acquiring, holding and operating such utility therein, as the same now exists, or may hereafter be extended, controlled or owned. |
County commissioners authorized to act |
κ1925 Statutes of Nevada, Page 210 (CHAPTER 128, SB 73)κ
|
To incorporate under laws of California
Board to fix value of capital stock
County officers to be stockholders |
system lines, or any part thereof as may be deemed desirable or necessary to a public utility corporation to be organized under the laws of such state for the purpose of acquiring, holding and operating such utility therein, as the same now exists, or may hereafter be extended, controlled or owned. Sec. 2. Permission is hereby granted to such board of commissioners to cause to be organized a corporation under the laws of the State of California, to be known as the Mineral County power system, or with similar name, with provision that the directions thereof (who shall serve without additional or any compensation for their services as such) shall include the members of the board of county commissioners, the county clerk, and district attorney of Mineral County, State of Nevada, and when so organized as to comply with all the statutory requirements of the State of California, such corporation may acquire by lease or purchase from the board of county commissioners of Mineral County, Nevada, all the property of the Mineral County power system lying within the State of California, to be held in trust by such corporation for the county of Mineral, State of Nevada. Sec. 3. If it be found necessary to have a definite amount of or value to the capital stock of such proposed corporation the amount and value may be fixed by such board of county commissioners, in an appropriate resolution and order therefor to be spread upon their minutes, and said board shall provide that the whole of such capital stock shall be subscribed for and be fully paid in equal pro rata shares by the several incorporators. Any available funds of the Mineral County power system, necessary for such purpose, may, by order of the board of county commissioners, be advanced by the county of Mineral, State of Nevada, and upon the completion of the organization of such corporation, such stock shall be delivered by the incorporators to, and held in trust by, the county treasurer of said county for the Mineral County power system. Sec. 4. Provision shall be made in organizing such corporation that the members of the board of county commissioners, the county clerk, and district attorney of Mineral County, who shall be in office at such time, shall be stockholders and directors of said corporation, and that upon the expiration of their official terms of office their respective successors shall succeed them as stockholders and directors therein; provided, the chairman of the board of county commissioners shall be the president of such corporation and also chairman of the board of directors, and the county clerk shall be the secretary thereof; provided further, that the articles of incorporation shall state that the principal place of business and head office of such corporation shall be the place in the State of Nevada (naming it) fixed by law as the county-seat of Mineral County, although provision may be made for maintaining an office elsewhere if necessary, and also for the holding of any required meetings at such office. |
κ1925 Statutes of Nevada, Page 211 (CHAPTER 128, SB 73)κ
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place in the State of Nevada (naming it) fixed by law as the county-seat of Mineral County, although provision may be made for maintaining an office elsewhere if necessary, and also for the holding of any required meetings at such office. Sec. 5. It is hereby declared to be the express intent and purpose of this act that if any such corporation shall be formed, the several officials herein named, as well as their successors in office, shall act as officers and stockholders of such in their official capacity only, and shall not thereby acquire, either directly or indirectly, any private rights of ownership in the property operated, controlled or owned by such corporation. Sec. 6. No part of the capital stock of such corporation shall thereafter be sold, pledged or otherwise encumbered so long as the county of Mineral shall continue to own, maintain, and operate the Mineral County power system as a public utility. Sec. 7. Neither the whole nor any part of the said Mineral County power system, situated either within or without the State of Nevada, shall be encumbered, alienated or sold, without the express consent and sanction of the State of Nevada, expressed in an act of the legislature passed for such purpose, and not then unless such proposition shall have first been approved by at least a three-fifth vote of the qualified voters of Mineral County, voting at a general election, and to be determined by the vote cast thereat for member of Congress. Sec. 8. Exact copies of all reports of said corporation required by law to be made in the State of California shall be made by, or under the direction, of the general manager of the Mineral County power system, and annexed to his annual report required by law to be made to the board of managers of said system, and the same shall be filed and kept as part of the records thereof in the office of such system at the county-seat of Mineral County. Sec. 9. Any and all expense incurred in the organization of such corporation, or by such corporation during the term of its existence, shall be a charge upon and be paid from the funds of the Mineral County power system, and shall be approved, allowed, audited and paid as are all other claims against the county. Sec. 10. If any section or part of a section of this act shall be declared by the supreme court of this state to be unconstitutional, such declaration shall not thereby affect the remainder of this act. Sec. 11. This act shall take effect and be in full force from and after its passage and approval. |
Private rights may not be acquired
No stock to be sold
Legislative sanction necessary, when
General manager to file reports
Costs of organization claim against county
Sections independent
In effect |
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κ1925 Statutes of Nevada, Page 212κ
|
Gross misdemeanor to give or sell liquor to minors or imbeciles
Persons under 18 years barred from billiard and pool halls without written consent of parents or guardian |
[Senate Bill No. 75Senator Sprague]
Chap. 129An Act to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911; effective January 1, 1912.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 241 of the above-entitled act, the same being section 6506, Revised Laws, 1912, is hereby amended to read as follows: Section 241. Every person who shall sell, give or in anywise furnish intoxicating liquors to any person under the age of twenty-one years, or to any imbecile, or who shall leave or deposit any such intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of twenty-one years, or by any imbecile, shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than two hundred and fifty dollars ($250), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three months, nor more than one year, or by both such fine and imprisonment; provided, that nothing in this section shall be deemed to apply to parents of such minor or imbecile, or to their guardians or physicians. Every minor who shall falsely represent himself to be twenty-one years of age in order to obtain any intoxicating liquor, and every person owning or having in charge any public hall, or public room, where one or more billiard tables or pool tables are kept, and every person owning or having in charge any billiard or pool table kept for hire or for the purpose of charging persons who play thereon, or for the use of persons who may buy drinks, cigars or tobacco in the building in which such table or tables are kept, who shall allow any minor under the age of eighteen years to play billiards or pool upon any such table, or to frequent the room where such table is kept, without the written consent of the parent or guardian of such minor, shall be guilty of a misdemeanor. |
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κ1925 Statutes of Nevada, Page 213κ
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[Senate Bill No. 90Senator Bulmer]
Chap. 130An Act amending sections 3 and 4 of an act entitled An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act, approved March 15, 1913.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of an act entitled An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act, approved March 15, 1913, is hereby amended to read as follows: Section 3. For the security of the funds deposited by the state treasurer under the provisions of this act, there shall be deposited with the treasurer bonds, or other obligations, of the United States, or issued under the authority of the United States, or of this state, or of any county or municipality or school district within this state, which bonds, or other obligations shall be approved by the treasurer and board of examiners, to an amount in value at least fifteen per cent in excess of the amount of the deposit with such bank or banks; and if, in any case, or at any time, such bonds, or other obligations, are not deemed satisfactory security to the treasurer and board of examiners, they may require such additional security as may be satisfactory to them. Said bonds, or other obligations, or any part thereof, may be withdrawn on the written consent of the treasurer and board of examiners; provided, that a sufficient amount of said bonds, or other obligations, to secure said deposits shall always be kept in the treasury; and in the event that said bank or banks of deposit shall fail to pay such deposits or any part thereof on the demand of the state treasurer, then it shall be the duty of the state treasurer forthwith to convert said bonds, or other obligations, into money and to disburse the same according to law. Sec. 2. Section 4 of an act entitled An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act, approved March 15, 1913, is hereby amended to read as follows: Section 4. The treasurer shall take from such depositary or depositaries a written contract in duplicate setting forth the conditions and terms upon which the funds of the state are deposited therewith, one of which shall be filed with the controller. One provision of said contract shall be that each depositary shall at the end of each month render to the state treasurer a statement in duplicate showing the daily balances or amount of money of the state held by it during the month and the amount of accrued interest thereon separately, one of which shall be filed by the treasurer with the controller. |
How state funds are secured
Duties of state treasurer |
κ1925 Statutes of Nevada, Page 214 (CHAPTER 130, SB 90)κ
|
Repeal |
balances or amount of money of the state held by it during the month and the amount of accrued interest thereon separately, one of which shall be filed by the treasurer with the controller. The treasurer shall annually on the first day of July furnish each depositary bank with a statement showing the amount and description of the bonds, or other obligations, on deposit with him by such bank to secure state deposits. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
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Dealers in motor-vehicle fuel to pay state excise tax of 4 cents per gallon |
[Assembly Bill No. 32Mr. David]
Chap. 131An Act to amend an act entitled An act to provide an excise tax on the sale of gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles; to provide for the collection thereof; to provide a manner of ascertaining the number of gallons of gasoline, distillate and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles sold or distributed in the State of Nevada; to provide for the registration of dealers engaged in the distribution of and sale of gasoline, distillate and other volatile or inflammable liquid fuels; to fix a penalty for the violation of the provisions of this act; to define certain words, terms and phrases herein, and to repeal all other acts or parts of acts in conflict herewith, approved March 20, 1923.
[Approved March 21, 1925]
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 to read as follows: Section 2. That, in addition to the taxes now provided for by law, each and every dealer, as defined in this act, who is now engaged or who may hereafter engage in his own name, or in the name of others, or in the name of his representatives or agents in this state, in the sale or distribution, as dealers and distributors, of motor-vehicle fuel as herein defined, shall, not later than the fifteenth day of each calendar month, render a statement to the Nevada tax commission of all motor-vehicle fuel sold or used by him or them in the State of Nevada during the preceding calendar month, and shall pay an excise tax of four cents per gallon on all motor-vehicle fuel so sold or used, as shown by such statement in the manner and within the time hereinafter provided. |
κ1925 Statutes of Nevada, Page 215 (CHAPTER 131, AB 32)κ
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Sec. 2. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. Said excise tax shall be paid on or before the fifteenth day of each month to the state treasurer, who shall receipt the dealer therefor. The moneys so collected by the state treasurer shall be by him placed in a fund to be known as the Gasoline License Tax Fund. Disbursements shall be made from said fund as follows: First-The state controller shall set aside such sum as may be deemed necessary to pay any refunds properly payable. Second-After providing for the refunds hereinbefore mentioned the fund shall be divided in the ratio of 50 per cent to the state highway fund and 50 per cent to the county-state highway funds of the various counties of the state. Third-At the end of each quarter of the year the state controller shall apportion to the state highway fund and the county-state highway funds of the various counties the money then payable, retaining ten (10%) per cent of the amount payable to the counties until the final distribution to the counties at the end of each year. The distribution to the county-state highway fund of each county shall be in the proportion that the number of motor vehicles registered in any county bears to the total number of motor vehicles registered in the state. Sec. 3. Section 4 of the above-entitled act is hereby amended to read as follows: Section 4. Any person, firm or corporation, who shall buy and use any motor vehicle fuel, as defined in this act, for the purpose of operating or propelling stationary gas engines, tractors, farm tractors, harvesting machines, aeroplanes or motor-boats, or who shall purchase or use any of such fuel for cleaning or dyeing or other commercial use of the same, except in a motor vehicle operated or intended to be operated upon any of the public highways of the State of Nevada, and who shall have paid any tax on motor-vehicle fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by adding such amount of such tax to the price of such fuel and paid by the consumer, shall be reimbursed and repaid the amount of such tax paid by him upon presenting to the Nevada tax commission of the State of Nevada an affidavit, accompanied by the original invoices, showing such purchase, which affidavit shall be verified by the oath of such affiant, and shall state the total amount of such fuel so purchased and used by such consumer, other than in motor vehicles operated or intended to be operated upon any of the public highways of the State of Nevada, and said Nevada tax commission, upon the presentation of such affidavit and such vouchers, shall cause to be repaid to such consumer from the taxes collected on motor-vehicle fuels the said taxes so paid by such consumer on fuels purchased and used, other than for motor vehicles as aforesaid; provided, that application for refunds as provided herein must be filed with the Nevada tax commission within ninety days from the date of purchase, otherwise all rights to such refunds shall be forfeited. |
Tax to be paid to treasurer by 15th of each month
Duties of state controller
Refund of tax to certain operators
How refund is obtained |
κ1925 Statutes of Nevada, Page 216 (CHAPTER 131, AB 32)κ
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Must apply for refund within 90 days
In effect |
to be repaid to such consumer from the taxes collected on motor-vehicle fuels the said taxes so paid by such consumer on fuels purchased and used, other than for motor vehicles as aforesaid; provided, that application for refunds as provided herein must be filed with the Nevada tax commission within ninety days from the date of purchase, otherwise all rights to such refunds shall be forfeited. Sec. 4. This act shall take effect on the first day of April, 1925. |
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Highway engineer may execute work or improvements |
[Senate Bill No. 77Senator Getchell]
Chap. 132An Act to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, and as amended 1919, 1921, 1923.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14 of the above-entitled act is hereby amended to read as follows: Section 14. Whenever it shall appear to the state highway engineer that any work or improvements can be done in a more economical or other satisfactory manner than by contract, it shall be discretionary with the state highway engineer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him. Publication thereof shall be made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks in a weekly newspaper, or for a period of ten days when in a daily newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days. Such advertisement shall state the place where the bidders may inspect the plans and specifications, the time and place when bids will be received, and the time and place for opening the same. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent of the amount of his bid, said amount to be forfeited to the state highway fund should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and give the bond required within ten days after notice of such award. The checks of all unsuccessful bidders shall be returned immediately after the contract is awarded and the bond given. |
κ1925 Statutes of Nevada, Page 217 (CHAPTER 132, SB 77)κ
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All bids so submitted shall be received at the office of the department of highways and shall be publicly opened and read at the time stated in the advertisement. The department of highways shall have the right to reject any and all bids, if, in the opinion of the department, the bids are unbalanced, or for any good cause. In awarding contract the department of highways shall make the award to the lowest responsible bidder. The successful bidder shall be required to furnish bond, with sureties, approved by the department of highways in a sum equal to at least three-fourths of the total amount of the contract awarded; two-thirds of such bond to be conditioned that such work under the contract shall be performed in accordance with the plans and specifications and the terms of contract, and one-third of such bond to be conditioned as additional protection for labor, material and supplies furnished upon or used in, upon, or about, or for the performance of said work, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond. When the contract is executed, a copy of the same, including plans and specifications and estimates of cost, shall be filed forthwith in the office of the department of highways and a like copy filed with the clerk of the board of county commissioners of the county in which the work is to be performed. Sec. 2. Section 15 of the above-entitled act is hereby amended to read as follows: Section 15. The state highway engineer may authorize partial payment to any contractor performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place and labor expended thereon; but not more than eighty-five per cent of the contract price of work shall be paid in advance of full completion and acceptance of such improvement or construction. Fifteen per cent of the contract price of any such work or improvement or construction shall be withheld until the same is satisfactorily completed and accepted by the state highway engineer and such other officer of the United States government as shall have supervision of other highways within the meaning of this act; provided, that in the event it becomes necessary for the state highway engineer to take over for completion any road contract or contracts, all of the amounts owing the contractor, including the fifteen per cent retent, shall first be applied toward the cost of completion of said contract or contracts; any balance remaining after such completion to be payable to the contractor, or the contractors creditors; and provided further, that such retained percentage as may be due any contractor shall be due and payable at the expiration of the thirty-day period as hereinafter provided for filing of creditors claims, and such retained percentage shall be due and payable to the contractor without regard to creditors claims filed with the state highway department. |
Bids publicly opened
Engineer may authorize partial payments |
κ1925 Statutes of Nevada, Page 218 (CHAPTER 132, SB 77)κ
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Contractor to execute bond for material, etc.
Person or corporation furnishing supplies protected |
payable to the contractor without regard to creditors claims filed with the state highway department. Sec. 3. Section 17 of the above-entitled act is hereby amended to read as follows: Section 17. Every contractor for improvements, construction or maintenance shall execute a bond as heretofore provided herein, and in addition to the conditions heretofore provided such bond shall provide and secure payment for all material, provisions, provender, and supplies, teams, trucks, and other means of transportation used in, or upon, or about, or for the performance of the work contracted to be done, and for any work or labor done thereon, and providing in addition to all other conditions, that if the contractor, or his or its subcontractor or subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his or its subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per centum per annum. Unless such bond is executed, delivered and filed as herein provided, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. Any person, copartnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender or other supplies, used or consumed by such contractor, or his or its subcontractor, in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by the contractor or subcontractor, and desiring to be protected under said bond shall file a claim within thirty days from the completion of the said contract with the department of highways, which claim shall be verified and contain a statement that same has not been paid. And any such person or corporation so filing a claim may at any time within six months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim. Failure to commence the action upon such claim against the bond and the sureties thereon within six months shall bar any right of action against such surety or sureties. The state highway engineer shall, before making final payment on any contract as herein provided, cause to be published for a period of at least two weeks in a newspaper of general circulation in the county wherein the work was contracted for, and wherein such work was performed, and for a period of at least ten days in one newspaper of general circulation throughout the State of Nevada, a notice of the final acceptance of the said contract, and no final settlement of such contract shall be made until thirty days after such acceptance of the contract. Every successful contractor to whom a contract is awarded shall be liable under the provisions of the Nevada industrial commission act, Statutes 1913, |
κ1925 Statutes of Nevada, Page 219 (CHAPTER 132, SB 77)κ
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shall be liable under the provisions of the Nevada industrial commission act, Statutes 1913, p. 137, et seq., and shall pay the premiums and percentages as required in said act, and such act shall be mandatory and compulsory upon every such contractor, and the state controller, before paying any money or drawing his warrant, may require satisfactory evidence of the payment of the premiums required under said act. No contractor shall let any subcontract except upon the written permission and approval of the department of highways, and all subcontractors shall be required in like manner to comply with the terms of the Nevada industrial commission act in like manner as contractors. |
Contractor amenable to industrial insurance act
Subcontracts to be approved |
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[Senate Bill No. 91Senator Bulmer]
Chap. 133An Act authorizing the filing of notices of liens for internal revenue taxes payable to the United States of America and the discharges thereof in the office of the county recorder, prescribing the manner of filing and indexing the same, and providing that no fees shall be charged therefor.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notices of liens for internal revenue taxes payable to the United States of America and certificates discharging such liens may be filed in the office of the county recorder of the county or counties within which the property subject to such lien is situated. Sec. 2. When a notice of such tax lien is filed the county recorder shall forthwith enter the same in an alphabetical federal lien tax index to be provided by the board of county commissioners, showing on one line the name and residence of the taxpayer named in such notice, the collectors serial number of such notice, the date and hour of filing, and the amount of tax and penalty assessed. He shall file and keep all original notices so filed in numerical order in a file or files to be provided by the board of county commissioners and designated federal tax lien notices. Sec. 3. When a certificate of discharge of any tax lien, issued by the collector of internal revenue or other proper officer, is filed in the office of the county recorder where the original notice of lien is filed, said recorder shall enter the same with date of filing in said federal tax lien index on the line where the original notice of the lien is entered, and permanently attach the original certificate of discharge to the original notice of lien. |
Notice of liens for revenue taxes may be filed
Duties of county recorder |
κ1925 Statutes of Nevada, Page 220 (CHAPTER 133, SB 91)κ
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No fees for filing
Purpose of act |
Sec. 4. The county recorder shall receive no fee for filing and indexing each notice of lien and each certificate of discharge. Sec. 5. This act is passed for the purpose of authorizing the filing of notices of liens in accordance with the provisions of section three thousand one hundred eighty-six of the revised statutes of the United States, as amended by the act of March 4, 1913, 37 Statutes at Large, page 1016. |
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Duties of clerk upon filing of judgment roll
Judgment or decree lien on all real property |
[Senate Bill No. 92Senator Bulmer]
Chap. 134An Act to amend sections 332 and 335 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, being sections 5274 and 5277, Revised Laws of Nevada, 1912.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 332 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, is hereby amended to read as follows: Section 332. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him (noting thereon the hour and minutes of the day of such entry), and from the time the judgment is docketed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for three years, unless the judgment be stayed on appeal by the execution of a sufficient undertaking as provided in this code, in which case the lien of the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases, or unless said judgment be previously satisfied. But the time during which the execution of the judgment is suspended by appeal, or action of the court, or defendant, shall not be computed. A judgment or decree of the district or other court of the United States in and for the district of Nevada, when docketed by the clerk thereof as herein provided, from the time of such docketing becomes a lien on all the real property of the judgment debtor not exempt from execution in the county where such judgment or decree was rendered, owned by him at the time or which he may afterwards acquire, until the lien ceases. Such lien continues for three years, unless the enforcement of the judgment or decree be stayed on appeal by the execution of a sufficient undertaking as provided by statutes of the United States, in which case the lien of the judgment or decree and, unless otherwise by statutes of the United States provided, of any attachment that has been levied in the action ceases. |
κ1925 Statutes of Nevada, Page 221 (CHAPTER 134, SB 92)κ
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undertaking as provided by statutes of the United States, in which case the lien of the judgment or decree and, unless otherwise by statutes of the United States provided, of any attachment that has been levied in the action ceases. Sec. 2. Section 335 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, is hereby amended to read as follows: Section 335. A transcript of the original docket of any judgment or decree of a district court of the State of Nevada, or of any judgment or decree of the district court or other court of the United States in and for the district of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree is docketed, may be filed with the recorder of any other county, and when so filed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for three years from the date the judgment or decree was docketed, unless previously satisfied, or the lien otherwise discharged. But the time during which the execution of the judgment or decree is suspended by appeal, or action of the court or defendant, shall not be computed. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
Transcript filed with county recorder |
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[Senate Bill No. 93Senator Bulmer]
Chap. 135An Act amending section 2 of an act entitled An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 24, 1917.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 24, 1917, is hereby amended to read as follows: Section 2. It is hereby made the duty of the state controller quarterly to notify the state board of investments of the amount of money in the state permanent school fund; and whenever there is a sufficient amount of money in said fund for investment, said board shall proceed to negotiate for the investment of the same in United States bonds, or in bonds issued under the authority of the United States, or in the bonds of this state, or of other states, or in the bonds of any county of the State of Nevada, or in loans at a rate of interest of not less than six per cent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title, and free from all incumbrances. |
State board of investments to invest school moneys |
κ1925 Statutes of Nevada, Page 222 (CHAPTER 135, SB 93)κ
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Attorney-general to give legal opinion
Duties of various officers |
fund for investment, said board shall proceed to negotiate for the investment of the same in United States bonds, or in bonds issued under the authority of the United States, or in the bonds of this state, or of other states, or in the bonds of any county of the State of Nevada, or in loans at a rate of interest of not less than six per cent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title, and free from all incumbrances. Said state board of investments shall make due and diligent inquiry as to the financial standing and responsibility of the state or states, county or counties, person or persons, in whose bonds or securities on agricultural lands it proposes to invest, and shall also require of the attorney-general his legal opinion in writing as to the validity of any act or acts of any state or county under which such bonds or securities are issued and authorized, and in which the said state board of investments contemplates investment; the attorney-general shall also be required to examine and pass upon and give his opinion in writing upon the title and the abstract of title of all agricultural land on which the state contemplates taking mortgages. If the state board of investments be satisfied as to the financial standing and responsibility of the state or states, county or counties, whose bonds or securities it proposes to purchase, or shall be satisfied of the financial standing and responsibility of the person or persons, corporation or corporations, whose mortgages on agricultural land are offered to the state, and the attorney-general shall give his opinion in writing that the act or acts under which said bonds or securities are issued are valid, and that the issues were duly and regularly made, or shall approve the abstract of title of the agricultural land proposed to be mortgaged, the board may approve such investment, and by a majority vote of the board shall order the state controller to draw his warrant in favor of the state treasurer for the amount to be invested, and the state controller shall thereupon draw his warrant as directed, and the state treasurer shall complete the purchase of the securities authorized by the board. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
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κ1925 Statutes of Nevada, Page 223κ
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[Senate Bill No. 107Senator Getchell]
Chap. 136An Act to make the district attorney of Lander County ex officio public administrator of Lander County, and defining his compensation as such ex officio public administrator, and repealing all acts and parts of acts in conflict herewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The district attorney of Lander County shall be, from and after the passage of this act, ex officio public administrator of Lander County. Sec. 2. He shall be allowed as compensation for his services as ex officio public administrator the fees now allowed by law. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
District attorney of Lander County ex officio public administrator |
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[Senate Bill No. 115Senator Friedhoff]
Chap. 137An Act to amend an act entitled An act relating to accounts against the state, approved February 23, 1871.
[Approved March 21, 1925]
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. The state printer, and all other persons having claims against the state, shall file with the state board of examiners an itemized statement of their accounts in such manner and form as may be prescribed by said board of examiners. Sec. 2. This act shall take effect from and after its passage and approval. |
Claims against state filed with board of examiners |
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[Senate Bill No. 121Senator Smith]
Chap. 138An Act to create an agricultural district, and provide for an agricultural association in and for Lincoln, Clark, and Nye Counties, in the State of Nevada, providing for the management and control of the same, making an appropriation for the year 1925, in the furtherance of the same, and other matters properly relating thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created in the State of Nevada an agricultural district to be known as the Southern Nevada Agricultural District, |
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κ1925 Statutes of Nevada, Page 224 (CHAPTER 138, SB 121)κ
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Southern Nevada agricultural district created
Association may be formed
Governor to appoint directors
Duties of directors
Directors to provide for annual fair |
Nevada Agricultural District, which district shall embrace and comprise all of the counties of Lincoln, Clark, and Nye. Sec. 2. Any twenty or more resident citizens within said district may form an association therein for the advertisement and display of products of such district and for the improvement of the material industries within such district, and when so formed said association shall be known and designated by the name of Southern Nevada Agricultural Association, and by such name and style shall until December 31, 1926, have perpetual succession, and shall have power and authority to contract and be contracted with, to sue and be sued, to have and use a common seal, to purchase and hold and lease real estate, with such buildings and improvements as may be erected thereon, and may sell and lease and dispose of the same at pleasure. The said real estate shall be used by such association for the purpose of holding exhibitions of horses, cattle, and other stock, of the agricultural, horticultural, viticultural, mechanical, manufacturing, and domestic products of such district, with a view to the improvement of all the industries in the same. Sec. 3. The officers of such association shall consist of seven directors, two of whom shall be appointed annually by the governor of the State of Nevada, one from the farm bureau of Lincoln County, and one from the farm bureau of Clark County, and the other five directors shall be elected annually by the association from the membership thereof, who shall constitute a district board of agriculture for said district. The directors so chosen shall elect a president, who shall be one of their number, and a secretary and treasurer not of their number. Sec. 4. Within ten days after the formation of such association, in accordance with the provisions of this act, and notice of such formation to the governor, the governor shall appoint two directors, as provided in section three. Sec. 5. Within ten days after their appointment and election, the directors shall meet at a place within the district and organize by the election of one of their number as president of the board and association, who shall hold said office of president for the term of one year and until his successor is elected; they shall also, at the same time and place, elect a secretary and treasurer, who shall hold office for one year and until their successors are elected. Sec. 6. Such association so formed and organized is hereby declared and shall be recognized a state institution, and the board so appointed and qualified shall have the exclusive control and management of such institution for and in the name of the state, and shall have the possession and care of all the property of the association, and shall fix the terms of office and the bonds of the secretary and treasurer, and determine their salaries and duties. They shall have power to make all necessary by-laws, rules, and regulations for the government of the association and the management of its prudential and financial affairs. |
κ1925 Statutes of Nevada, Page 225 (CHAPTER 138, SB 121)κ
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have power to make all necessary by-laws, rules, and regulations for the government of the association and the management of its prudential and financial affairs. They shall provide for an annual fair or exhibition by the association of all the industries and industrial products in the district, at such time and place as they may deem advisable; provided, that the state shall in no event be liable for any premium offered, or award, or for any debt contracted by any district board of agriculture or agricultural association. Sec. 7. When such board of agriculture shall have been organized as herein provided, the secretary of the board shall report such organization to the governor, and shall report any vacancy that may occur in the board to the governor, who shall fill the same by appointment for the unexpired term. Sec. 8. The sum of three thousand ($3,000) dollars for the year 1925 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to aid the said agricultural district in holding an annual fair for the year 1925. Sec. 9. The county commissioners of Clark, Lincoln, and Nye counties are hereby authorized to and may levy a tax not to exceed two (2) cents on each one hundred ($100) dollars of valuation on all property in their respective counties, to further the objects of this act. Sec. 10. The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded, and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys herein appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing. Sec. 11. This act shall be effective from and after its passage and approval, but on December 31, 1926, it shall be automatically repealed and any balance remaining in the fund appropriated hereby shall on said date automatically revert to the general fund of the state. |
Duties of secretary of board
Appropriation, $3,000
Tax levy authorized
Premiums to be awarded
In effect |
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κ1925 Statutes of Nevada, Page 226κ
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Wages of employee must be paid at termination of service
Rights of employee |
[Senate Bill No. 124Senator Scott]
Chap. 139An Act permitting an employee, until paid in lawful money of the United States, or its equivalent, to collect wages for a period not exceeding thirty days after the termination of the contract of employment, and to have a lien therefor.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever an employer of labor shall hereafter discharge or lay off his or its employees without first paying them the amount of any wages or salary then due them, in cash, lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay them in like money, or its equivalent, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of his or its employees may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service therefor; provided, however, he shall cease to draw such wages or salary thirty days after such default. Sec. 2. Every employee shall have a lien as provided in an act entitled An act to secure liens to mechanics and others, and to repeal all acts in relation thereto, approved March 2, 1875, as amended by chapter 41, Statutes of 1919, and all other rights and remedies for the protection and enforcement of such salary or wages as he would have been entitled to had he rendered services therefor in manner as last employed. |
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Plaintiff to be allowed attorney fee in action for recovery of wages |
[Senate Bill No. 125Senator Scott]
Chap. 140An Act authorizing the allowance of a reasonable attorney fee to plaintiff in an action for the recovery of salary or wages, under certain conditions.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a mechanic, artisan, miner, laborer, servant or employee shall have cause to bring suit for wages earned and due according to the terms of his employment, and shall establish by decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand has been made, in writing, at least five days before suit was brought, for a sum not to exceed the amount so found due, it shall be the duty of the court, before which the case shall be tried, to allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit. |
κ1925 Statutes of Nevada, Page 227 (CHAPTER 140, SB 125)κ
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five days before suit was brought, for a sum not to exceed the amount so found due, it shall be the duty of the court, before which the case shall be tried, to allow to the plaintiff a reasonable attorney fee, in addition to the amount found due for wages and penalties, to be taxed as costs of suit. |
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[Senate Bill No. 127Senator Scott]
Chap. 141An Act to provide a fee bill for the office of secretary of state.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The secretary of state of the State of Nevada shall be allowed to charge and to collect such fees and charges on filing any certificate or articles or other paper relative to corporations in the office of the secretary of state as are or may be provided by the general corporation laws of this state. Sec. 2. The secretary of state shall also charge and collect the following fees: For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, twenty cents per folio; for certifying to any such copy and use of state seal, five dollars for each impression; for filing and recording trademarks and names, ten dollars; for each passport or other document signed by the governor and attested by the secretary of state, ten dollars; for each commission as notary public, ten dollars; for each commission as commissioner of deeds, ten dollars. For searching records and archives of the state and other records and documents kept in his office he shall charge a reasonable fee. For each certificate of qualification issued to a surety company, ten dollars. For filing and indexing certificate of mortgage or discharge of mortgage on live stock, vehicles and other migratory property, fifty cents. For certificate of mortgage or discharge of mortgage on live stock, vehicles and other migratory property, one dollar. All fees collected in the office of the secretary of state shall be paid into the state treasury for the use and benefit of the library fund. Sec. 3. The secretary of state is required to collect the fees above specified in all cases, whether the services rendered are to a person, firm, corporation or association, and pay the same into the state treasury for the use and benefit of the library fund; provided, however, that the secretary of state shall neither charge nor collect any filing or other fees for services by him rendered to the State of Nevada, or any county, city, or town thereof, or any officer thereof in his official capacity or respecting his office or official duties, or for attesting extradition papers or executive warrants for other states, and no charge shall be made for, or in connection with, any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise. |
Secretary of state to collect fees
Fees of secretary of state
Fees to go to library fund |
κ1925 Statutes of Nevada, Page 228 (CHAPTER 141, SB 127)κ
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Section repealed |
official capacity or respecting his office or official duties, or for attesting extradition papers or executive warrants for other states, and no charge shall be made for, or in connection with, any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise. Sec. 4. All acts and parts of acts in conflict with the provisions of this act, and particularly section 13 of an act entitled An act concerning the office of secretary of state, approved February 14, 1865, and all of an act entitled An act to provide a fee bill for the office of secretary of state, approved March 24, 1913, and amendments thereof, approved March 22, 1921, February 5, 1923, and March 5, 1923, are hereby repealed. |
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Salaries of certain officers of Pershing County
Sheriff and assessor
County recorder
County clerk and treasurer |
[Senate Bill No. 128Senator Carpenter]
Chap. 142An Act to amend section 9 of an act entitled An act creating and organizing the county of Pershing out of a portion of Humboldt County, and providing for its government, and to regulate the affairs of Humboldt County and Pershing County, approved March 18, 1919.
[Approved March 21, 1925]
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. The said officers of Pershing County shall receive the following compensation, to wit: The sheriff and assessor shall receive twenty-seven hundred ($2,700) dollars per annum; he shall be allowed to appoint one deputy, who shall receive a salary of eighteen hundred ($1,800) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only. The county recorder and auditor shall receive twenty-seven hundred ($2,700) dollars per annum; he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twelve hundred ($1,200) dollars per annum. The county clerk and treasurer, clerk of the district court, and clerk of the board of county commissioners shall receive a salary of twenty-seven hundred ($2,700) dollars per annum; he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed fifteen hundred ($1,500) dollars per annum. |
κ1925 Statutes of Nevada, Page 229 (CHAPTER 142, SB 128)κ
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with compensation not to exceed fifteen hundred ($1,500) dollars per annum. The district attorney shall receive fifteen hundred ($1,500) dollars per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such deputies or assistants as may be necessary, their compensation to be fixed and approved by the county commissioners. Each member of the board of county commissioners shall receive nine hundred ($900) dollars per annum, and such mileage as is now allowed by law in Humboldt County. The public administrator and the county surveyor shall receive the same compensation as is now allowed by law to these officers, respectively, in Humboldt County. The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff and assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county. Sec. 2. This act shall take effect immediately upon its passage and approval. |
District attorney
County commissioners
Public administrator
Additional employees
In effect |
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[Senate Bill No. 129Churchill County Delegation]
Chap. 143An Act granting aid to the agricultural society for the purpose of holding a state fair during the year 1925.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand dollars for the year 1925 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the state agricultural society in holding an annual fair in said year. Sec. 2. The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded, and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys herein appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing. |
Appropriation, $5,000
Moneys not to be used in connection with racing |
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κ1925 Statutes of Nevada, Page 230κ
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Appointment of administrators |
[Senate Bill No. 141Senator Scott]
Chap. 144An Act to amend section 49 of An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 49 of the above-entitled act is hereby amended to read as follows: Section 49. Administration may be granted to one or more competent persons, although not otherwise entitled to the same, at the written request of the person entitled, filed in the court. When the person entitled is a nonresident of the state, affidavits, taken ex parte before any officer authorized by the laws of this state to take acknowledgments and administer oaths out of this state, may be received as prima-facie evidence of the identity of the party, if free from suspicion, and the fact is established to the satisfaction of the court. |
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Salary and duties of inspector of mines |
[Senate Bill No. 142Senator Scott]
Chap. 145An Act to amend section 2 of an act entitled An act creating the office of inspector of mines, fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909, and all acts amendatory thereof and supplementary thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of said act is hereby amended so as to read as follows: Section 2. The inspector of mines shall receive as full compensation for his services a salary of thirty-six hundred dollars ($3,600) per annum and his necessary traveling expenses when traveling in the discharge of his official duties, and all necessary expenses for clerk hire, postage, stationery, printing and other office expenses; and such compensation and expenses shall be paid as the salary and expenses of other state officers are paid. He shall hold his office for the term of four (4) years, or until his successor is elected and qualified. Before entering upon the discharge of his duties, as such inspector of mines, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of his office, in form and manner as other official bonds of state officers. |
κ1925 Statutes of Nevada, Page 231 (CHAPTER 145, SB 142)κ
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of his office, in form and manner as other official bonds of state officers. He shall employ one clerk at a salary of fifteen hundred ($1,500) dollars per year, payable in equal monthly instalments the same as the salary of other state officers are paid. Sec. 2. This act shall take effect immediately after its passage and approval. |
In effect |
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[Senate Bill No. 145Senator Miller]
Chap. 146An Act to amend an act entitled An act to regulate the use, supply and possession of narcotic drugs in the State of Nevada, and to provide penalties for the violation thereof, approved February 23, 1923, defining the terms peddlers and wholesalers, and other matters properly connected therewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five of the above-entitled act is hereby amended to read as follows: Section 5. A peddler of any of the narcotic drugs enumerated in section one of this act is hereby defined as a person selling, furnishing, or giving away or having in his possession for the purpose of sale, furnishing, or gift of any of said narcotic drugs in quantities not exceeding one ounce. A wholesaler of any of the narcotic drugs enumerated in section one of this act is hereby defined as a person selling, furnishing, or giving away, or having in his possession for the purpose of sale, furnishing, or gift of any of said narcotic drugs in quantities exceeding one ounce. Any person violating the provisions of this section shall be guilty of a felony, and shall be punished as follows: Any person who shall be convicted of being a peddler as herein defined shall be punished by imprisonment in the state prison for a period of not less than five years, and any person who shall be convicted of being a wholesaler as herein defined shall be punished by imprisonment in the state prison for a period of not less than ten years. Proof of the possession of any narcotic drug enclosed or wrapped in a package or container or otherwise arranged in such form as to be suitable or adapted for the purposes of sale shall be prima-facie proof of possession for the purpose of sale. |
Peddler defined
Wholesaler defined
Penalty for violation of act |
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κ1925 Statutes of Nevada, Page 232κ
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Certain real estate owned by State of Nevada to be sold
Disposition of money |
[Senate Bill No. 146Senator Scott]
Chap. 147An Act authorizing the board of commissioners for the care of the indigent insane of the State of Nevada to execute a deed for the sale of certain real estate of the state now a part of the land used by the Nevada hospital for mental diseases, and making disposition of the proceeds therefrom.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of commissioners for the care of the indigent insane of the State of Nevada is hereby authorized to sell, for not less than four hundred ($400) dollars per acre, and execute a deed to the following described real estate, namely: Beginning at a concrete monument 6x6x8 feet high marked N on the south, and marking the north boundary of the state highway and the western boundary of the city of Sparks; S 15° 25′ E, 184.75 feet to the northwest corner of the tract of land. Corner No. 1. Thence N 88° 27′ E, 936.85 feet to the northeast corner. Corner No. 2. Thence S 12° 02′ E, 241.33 feet to the southeast corner. Corner No. 3, intersect N fence railroad right of way. Thence N 88° 09′ W, 89.32 feet on N boundary of railroad right of way; thence N 88° 27′ W, 120.28 feet on N boundary of railroad right of way; thence N 88° 50′ W, 108.93 feet on N boundary of railroad right of way; thence N 89° 52′ W, 194.03 feet on N boundary of railroad right of way; thence S 88° 59′ W, 141.78 feet on N boundary of railroad right of way; thence S 88° 39′ W, 122.33 feet on N boundary of railroad right of way; thence S 88° 03′ W, 154.53 feet on N boundary of railroad right of way, to the southwest corner. Corner No. 4. Thence N 14° 43′ W, 219.79 feet to corner No. 1, containing 4.69 acres, more or less, in sections 6 and 7, T 19 N, R 20 E, M. D. B. & M. Sec. 2. The money derived from such sale shall be placed in the state treasury to the credit of the fund provided for said Nevada hospital for mental diseases. |
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[Senate Bill No. 153Senator Scott]
Chap. 148An Act to amend section 4 of an act entitled An act relating to marriage and divorce, approved November 28, 1861; being section 2340, Revised Laws, 1912.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act is hereby amended so as to read as follows: |
κ1925 Statutes of Nevada, Page 233 (CHAPTER 148, SB 153)κ
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Section 4. It shall be lawful for any ordained minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the district court, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel, upon producing to the district court of any county or district within this state, credentials of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the county clerk in every county in which he shall solemnize any marriage, his license so obtained, and the said clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such clerk. The record so made, or the certificate thereof by the said clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages. |
Certain persons to perform marriage ceremony |
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[Senate Bill No. 154Senator Peterson]
Chap. 149An Act to amend an act entitled An act fixing the salaries of certain officers of Humboldt County, and repealing certain acts in relation thereto, approved March 11, 1921.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act is hereby amended to read as follows: Section 7. The county commissioners of Humboldt County shall each receive a salary of seven hundred and twenty ($720) dollars per annum, except the chairman, who shall also be chairman of the county highway board, and whose salary shall be one thousand ($1,000) dollars per annum, payable monthly in twelve equal instalments, on the first day of each month. In addition to the above salary each commissioner will be allowed traveling expenses at the rate of twenty (20c) cents per mile while traveling to and from the county-seat for the purpose of attending regular and special meetings of the board of county commissioners. |
Salaries of commissioners of Humboldt County |
κ1925 Statutes of Nevada, Page 234 (CHAPTER 149, SB 154)κ
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In effect |
the county-seat for the purpose of attending regular and special meetings of the board of county commissioners. Sec. 2. This act shall become effective from and after its passage and approval. |
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Money transferred to general fund |
[Senate Bill No. 159Senator Cowles]
Chap. 150An Act to provide for the reversion of certain unexpended funds in the State of Nevada into the general fund of the State of Nevada.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All moneys now remaining in that certain fund created by an act of the legislature of the State of Nevada, entitled An act providing for the publication of Nevadas Gold Star Book, approved March 10, 1923, are hereby declared reverted to the general fund of the State of Nevada, and the state treasurer is hereby authorized, directed and empowered to transfer all such moneys to the general fund of the State of Nevada. Sec. 2. This act shall become effective immediately upon its passage and approval. |
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Preamble |
[Senate Bill No. 162Senator Fall]
Chap. 151An Act authorizing the board of county commissioners of Mineral County to pay L. E. Cornelius a certain salary and fees for the services performed by him as justice of the peace of Mina township.
[Approved March 21, 1925]
Whereas, L. E. Cornelius was, at the general election held on the 4th day of November, 1924, duly elected justice of the peace of Mina township; and Whereas, Said Cornelius was also duly elected justice of the peace of said township at the general election of 1922; and Whereas, Said Cornelius duly qualified, as provided by law, as such justice of the peace on the first Monday in January, 1923, and gave an official bond, as required by law; and Whereas, Said bond, through mistake and inadvertence, ran for a period of four years; and Whereas, Said Cornelius, believing that such bond was in full force and effect on and after his reelection in 1924, failed and neglected to give a new bond and have the same approved, as approved by law, until on or after the fifth day of March, 1925; and |
κ1925 Statutes of Nevada, Page 235 (CHAPTER 151, SB 162)κ
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Whereas, Said Cornelius performed the duties of said justice of the peace of said township during all of said period and was de facto justice of the peace of said Mina township during said time and is entitled to the salary and fees thereof for the months of January and February; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of the county of Mineral are hereby authorized and directed to pay said L. E. Cornelius the salary and fees fixed by law and earned as the justice of the peace of Mina township for the months of January and February, 1925; and to cause the auditor of said county to draw his warrant for such amount and the county treasurer to pay the same. |
Duties of county commissioners |
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[Senate Bill No. 165Senator Getchell]
Chap. 152An Act to transfer certain moneys from the Lander County Lincoln Highway Fund, to the County-State Highway Fund, county of Lander, State of Nevada.
[Approved March 21, 1925]
Whereas, Under the terms of chapter 104, page 167 of statutes of 1920-1921, being an act entitled An act to authorize the board of county commissioners of Lander County, Nevada, to issue bonds to provide aid in improving the Lincoln highway in the county of Lander, and other matters properly connected therewith, approved March 12, 1921, the board of county commissioners of Lander County was authorized and directed to prepare, issue and sell bonds in the name of Lander County in an aggregate amount of $30,000, exclusive of interest, which bonds were so prepared and sold as directed; and Whereas, The funds realized from the sale of the bonds as heretofore set forth provided more funds than were needed in assisting in the construction of the Lincoln highway in Lander County to an amount of $1,588.39; and Whereas, There is still remaining in the Lander County Lincoln Highway Fund the aforesaid amount of $1,588.39, with no further liabilities to accrue against said fund; and Whereas, It is desirous that the said balance remaining in said Lander County Lincoln Highway Fund be made available for highway construction work in Lander County; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of the county of Lander is hereby authorized and directed to transfer from the Lander County Lincoln Highway Fund, |
Preamble |
κ1925 Statutes of Nevada, Page 236 (CHAPTER 152, SB 165)κ
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Transfer of funds authorized |
transfer from the Lander County Lincoln Highway Fund, into the county-state highway fund, the said sum of $1,588.39, now in the first-named fund. |
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Board of pharmacy to issue certain permits
Annual fee of $8 |
[Senate Bill No. 166Senator Fall]
Chap. 153An Act to amend section 18 of an act entitled An act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof, approved April 1, 1913.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 18 of the above-entitled act is hereby amended to read as follows: Section 18. The board of pharmacy shall issue a permit to general dealers in rural districts in which the conditions, in their judgment, do not justify the employment of a registered pharmacist, which said permit shall authorize the persons or firm named therein to sell in such locality, but not elsewhere, and under such restrictions and regulations as said board may from time to time adopt, the following simple household remedies and drugs, and no other, in such manner and form as may be hereafter authorized by said board, as follows, to wit: Tincture of arnica, spirits of camphor, almond oil, distilled extract, witch-hazel, paregoric, syrup of ipecac, syrup of rhubarb, hive syrup, sweet spirits of nitre, tincture of iron, epsom salts, rochelle salts, senna leaves, carbonate of magnesia, seidlitz powders, quinine, cathartic pills, chamomile flowers, caraway seeds, chlorate of potash, moth balls, plasters, salves, peroxide of hydrogen, copperas, gum camphor, blue ointment, asafetida, saffron, anise seed, saltpeter. The board shall charge an annual fee of eight dollars in advance for such permit, and it shall be unlawful for any dealer to sell any drugs or ordinary household remedies without complying with the requirements of this section; provided, that the following drugs, medicines and chemicals may be sold by grocers and dealers generally without restriction, viz: Glauber salts, vaseline, turpentine, condition powders, cream of tartar, carbonate of soda, bay rum, essence of Jamaica ginger, essence of peppermint, ammonia, alum, castor oil, bicarbonate of soda, chloride of lime, glycerine, witch-hazel, sheep dip, borax, sulphur, bluestone, flax seed, insect powder, fly paper, any rat poison, squirrel poison, and gopher poison, and arsenical poison used for orchard spraying, when prepared and sold in original and unbroken packages and labeled with the official poison labels. |
κ1925 Statutes of Nevada, Page 237 (CHAPTER 153, SB 166)κ
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insect powder, fly paper, any rat poison, squirrel poison, and gopher poison, and arsenical poison used for orchard spraying, when prepared and sold in original and unbroken packages and labeled with the official poison labels. |
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[Senate Bill No. 167Senator Meder]
Chap. 154An Act permitting operation of community theaters without tax.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The words and phrases used in this act and in proceedings pursuant hereto shall be construed, unless such construction be inconsistent with the context, as follows: (1) Community, the inhabitants of a county, district, city, town or village; (2) community theater, a place for amusement, entertainment, recreation, or the study of art, conducted or operated for the benefit of a community. Sec. 2. The proceeds of all shows, entertainments and art lessons conducted, held or given in any community theater, or by an organization formed and existing for the exclusive purpose of operating or conducting such community theater, after deducting the necessary expenses therefor, shall be devoted exclusively to community purposes; and exclusive title to all property and rights acquired for or in behalf of such theater or organization shall vest in the community wherein the theater is situated or wherein the organization is formed and exists, as the case may be. Sec. 3. No license tax shall be imposed upon, or collected for, any community theater while used and occupied exclusively as such, nor upon any show, amusement, entertainment, recreation, or school of art conducted, held or given exclusively for community purposes. Sec. 4. This act shall take effect immediately. |
Words and phrases construed
Disposition of proceeds
No license tax imposed
In effect |
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[Senate Bill No. 168Ways and Means Committee]
Chap. 155An Act authorizing and directing the board of capitol commissioners to sell certain lots and buildings purchased by the State of Nevada for the use of the Nevada historical society, and matters properly connected therewith.
[Approved March 21, 1925]
Whereas, The State of Nevada, under and by virtue of an act entitled An act to provide a temporary structure for the preservation and exhibition of the library, manuscripts, museum and collections of the Nevada historical society, approved March 28, 1911, and an act entitled An act to purchase a lot for the use of the Nevada historical society, and making an appropriation therefor, approved April 1, 1919, purchased certain lots, lands, and real estate in Reno, Washoe County, Nevada, and caused to be erected thereon certain buildings; and |
Preamble |
κ1925 Statutes of Nevada, Page 238 (CHAPTER 155, SB 168)κ
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Preamble
Duties of board of capitol commissioners
Description of property |
approved March 28, 1911, and an act entitled An act to purchase a lot for the use of the Nevada historical society, and making an appropriation therefor, approved April 1, 1919, purchased certain lots, lands, and real estate in Reno, Washoe County, Nevada, and caused to be erected thereon certain buildings; and Whereas, The State of Nevada is about to and will erect in Reno, Washoe County, Nevada, a building for exhibiting the state and county resources of Nevada in conjunction with the Nevada transcontinental highway exposition; and Whereas, Under and by virtue of the provisions of the act authorizing the construction of said buildings, the relics, exhibits, library, manuscripts, museum, and collection of the said Nevada historical society will be housed therein and suitable quarters provided for the same; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of capitol commissioners of the State of Nevada are hereby authorized and directed as soon as the relics, library, manuscripts, museum, and collection of the Nevada historical society shall be provided with suitable quarters in the said Nevada building erected in Reno and, in any event, not later than January 1, 1927, to sell all lots, lands, and buildings heretofore acquired and purchased by the State of Nevada under and by virtue of those certain acts of the legislature of the State of Nevada entitled An act to provide a temporary structure for the preservation and exhibition of the library, manuscripts, museum, and collections of the Nevada historical society, approved March 28, 1911, and an act entitled An act to purchase a lot for the use of the Nevada historical society, and making an appropriation therefor, approved April 1, 1919; said property being more particularly descripted as follows: Beginning at a point on the easterly line of Center street, 249 1/2 feet north of the northeast corner or intersection of 8th street and said Center street in the city of Reno; thence running northerly 50 feet along said easterly line of Center street; thence at right angles easterly 100 feet to a stake; thence southerly parallel to said line of Center street 50 feet; thence at right angles westerly 100 feet to the place of beginning. Also commencing at the point of intersection of the easterly line of North Center street with the southerly line of Ninth street, running thence easterly along southerly line of Ninth street 100 feet; thence southerly and parallel with the easterly line of North Center street 70 feet; thence westerly and parallel with the southerly line of Ninth street 100 feet more or less to the easterly line of North Center street; thence northerly along the easterly line of North Center street 70 feet, more or less, to the point of beginning. |
κ1925 Statutes of Nevada, Page 239 (CHAPTER 155, SB 168)κ
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All of the above-described land being in the city of Reno, county of Washoe, State of Nevada. Sec. 2. Said lands, lots, and building or buildings may be sold as a whole or in such parcels as will bring the best price obtainable. Before making any sale the board of capitol commissioners shall advertise for bids by publishing notice thereof for four successive weeks, at least once a week, in some daily newspaper published in the city of Reno. Said notice shall also fix the time and place when and where the said sale will be made, which shall be at least thirty days after the publication. At the time of the sale the property, or so much thereof for which bids have been received, shall be sold to the highest and best bidder; provided, that the board shall reserve the right to reject any and all bids if not satisfactory, and they are hereby authorized and directed in such event to readvertise until satisfactory bids are received. Sec. 3. All moneys received from the sale of said lands, lots, and building or buildings are to be placed in the general fund of the State of Nevada. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. |
Bids to be advertised for four weeks
Moneys to go into general fund |
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[Senate Bill No. 171Senator Vencill]
Chap. 156An Act to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, and as amended 1919, 1921, 1923, and 1925, by adding a new section thereto to be designated as section 11 1/2.
[Approved March 21, 1925]
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 thereto designated as section 11 1/2. Section 11 1/2. The County-State Highway Fund hereinbefore created may also be used for the payment of principal and interest on county highway bonds whenever specific provision is made therefor through proper legislative act. |
New section added |
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κ1925 Statutes of Nevada, Page 240κ
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Tax levy for 1925, 62 cents
Tax levy for 1926, 62 cents |
[Senate Bill No. 172Ways and Means Committee]
Chap. 157An Act to fix the state tax levy for the fiscal years 1925 and 1926, and to distribute the said levy to the proper fund.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January 1, 1925, an ad valorem tax of 62 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, nine cents; the university public service division, two cents; the university permanent construction fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, five and one-half cents; public school teachers retirement salary fund, five-tenths of one cent; the general fund, twenty-seven and five-tenths cents; the state distributive school fund, eleven cents; Nevada hospital for mental diseases building fund, one cent; state board of stock commissioners, five-tenths of one cent; state highway fund, two cents. Sec. 2. For the fiscal year commencing January 1, 1926, an ad valorem tax of 62 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, nine cents; the university public service division, two cents; the university permanent construction fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, five and one-half cents; public school teachers retirement salary fund, five-tenths of one cent; the general fund, twenty-seven and five-tenths cents; the state distributive school fund, eleven cents; Nevada hospital for mental diseases building fund, one cent; state board of stock commissioners, five-tenths of one cent; state highway fund, two cents. |
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κ1925 Statutes of Nevada, Page 241κ
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[Assembly Bill No. 3Mr. Neeley]
Chap. 158An Act to amend an act entitled An act relating to the marketing and sale of fish by Indians under certain restrictions and providing penalties for the violation thereof, approved March 21, 1923.
[Approved March 21, 1925]
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. If delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commission, have the privilege of selling direct to consumers, fish they may legally take from the waters of Pyramid and Walker lakes and that part of the Truckee river lying north of the government dam at Numana between May 31 and December 15, both dates inclusive, and from Winnemucca lake during the open season. Any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided, each fish so sold or marketed shall be marked by a metal tag firmly attached thereto and bearing the abbreviation Nev. stamped in the metal of which it is made. It shall be unlawful for any person to attach said tag except he shall have been authorized in writing by an agent of the Nevada state fish and game commission, which authorization shall be for a term not to exceed one calendar year. The tag shall be of a standard pattern. It shall be removed only by the consumer, and when removed shall be destroyed. The Nevada state fish and game commission shall furnish all necessary fish tags, charging such persons as apply therefor the cost price of same. |
Indian wards of United States granted certain privileges
Certain persons only may attach tag |
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[Assembly Bill No. 9Churchill County Delegation]
Chap. 159An Act to amend an act entitled An act to amend section 3 of an act entitled An act in relation to public highways, approved March 9, 1866, approved March 23, 1921 (Revised Laws, volume 1, section 842, as amended by the statutes of 1921, chapter 235, page 365).
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act, as amended by the statutes of 1921, chapter 235, page 365, is hereby amended to read as follows: |
|
κ1925 Statutes of Nevada, Page 242 (CHAPTER 159, AB 9)κ
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Counties to aid cities in road work
In effect |
Section 3. To provide funds for paying the expenses of such road work the several boards of county commissioners in this state may from time to time, upon the request of the city council, apportion to each incorporated city within the respective counties such proportion of the general road fund of the county as the value of the whole property within the corporate limits of such city or cities as shown by the last assessment roll shall bear to the whole property in the county, inclusive of property within the incorporated cities, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of such city or cities under the direction and control of the council; provided, however, that the apportionment of moneys to cities as herein provided shall not exceed an amount greater than ten per cent of the total amount levied and collected for general road purposes within the county, exclusive of the county-state highway fund, and funds for the payment of the principal and interest of bonds for road and street purposes. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall take effect from the date of its approval. |
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Penalty for violation of act |
[Assembly Bill No. 17Committee on Labor]
Chap. 160An Act to amend section six of an act entitled An act regulating the payment of wages or compensation in private employments, providing for regular pay-days therein, making it the duty of the labor commissioner and district attorneys in this state to enforce its provisions, and providing penalties for violations of this act, and other matters relating thereto, approved March 19, 1919.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of the above-entitled act is hereby amended to read as follows: Section 6. Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as in this act provided, or violates any of the remaining provisions of this act, shall forfeit to the State of Nevada, for the support and maintenance of the office of labor commissioner, a sum not less than fifty ($50) dollars and not more than three hundred ($300) dollars, in the discretion of the court trying the same, to be recovered from the said employer in a civil action, prosecuted in the proper court by the district attorney of the county, at the instance of the labor commissioner. |
κ1925 Statutes of Nevada, Page 243 (CHAPTER 160, AB 17)κ
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The property of the defendant shall be subject to attachment to secure, and execution to satisfy, any judgment that may be rendered under the provisions of this section, the same as in other civil actions. |
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[Assembly Bill No. 21Mr. Green]
Chap. 161An Act to amend sections 7, 18, and 36 1/2 of an act entitled An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919, and repealing all acts and parts of acts in conflict therewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act is hereby amended to read as follows: Section 7. The term Public Utility, as used herein, shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise; also any company or individual or association of individuals owning or operating automobiles, auto trucks, or other self-propelled vehicles, engaged in transporting persons or property for hire over and along the highways of this state as common carriers; also express companies, telegraph and telephone companies, and all companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon the owner or operator of said automobiles, auto trucks, or other self-propelled vehicles, transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads; provided, however, that the term Public Utility, as used herein, shall not include corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, in so far as they own, control, operate or manage motor vehicles operated as hearses, ambulances, taxicabs or hotel busses, or engaged in the transportation of persons or property for hire exclusively within the limits of a city or town of the State of Nevada. |
Public utility defined |
κ1925 Statutes of Nevada, Page 244 (CHAPTER 161, AB 21)κ
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Exception
Further application of term Public utility
May order improvements in interest of public safety |
of railroads; provided, however, that the term Public Utility, as used herein, shall not include corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, in so far as they own, control, operate or manage motor vehicles operated as hearses, ambulances, taxicabs or hotel busses, or engaged in the transportation of persons or property for hire exclusively within the limits of a city or town of the State of Nevada. Public Utility shall also embrace every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may own, operate or control any ditch, flume, tunnel, or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly, any plant or equipment, or any part of a plant or equipment within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service whether within the limits of municipalities, towns, or villages, or elsewhere; and the public service commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law. (a) The provisions of this act and the term public utility shall apply to the transportation of passengers and property and the transmission of messages between points within the state, and to the receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies, and to all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state, and to any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water. Sec. 2. Section 18 of the above-entitled act is hereby amended to read as follows: Section 18. The commission shall have power, in the interest of safety or service, after hearing to determine and order required and necessary repairs, reinforcements or reconstruction of property, lines, equipment, appliances, buildings, tracks and all property used or useful in the service; to order the use of safety appliances in the interest of employees and the public, and to make and enforce any rule or regulation necessarily incident thereto; the commission shall have the power to require each automobile common carrier, subject to the provisions hereof, to file and keep in force with the commission an indemnity bond approved by the commission in an amount not less than five hundred ($500) dollars nor more than ten thousand ($10,000) dollars for the purpose of reimbursing passengers or shippers for loss or damage or personal injuries caused by the neglect of any automobile common carrier, its owner, operator, agent or employee. |
κ1925 Statutes of Nevada, Page 245 (CHAPTER 161, AB 21)κ
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the public, and to make and enforce any rule or regulation necessarily incident thereto; the commission shall have the power to require each automobile common carrier, subject to the provisions hereof, to file and keep in force with the commission an indemnity bond approved by the commission in an amount not less than five hundred ($500) dollars nor more than ten thousand ($10,000) dollars for the purpose of reimbursing passengers or shippers for loss or damage or personal injuries caused by the neglect of any automobile common carrier, its owner, operator, agent or employee. The commission shall have the power to regulate the manner in which the tracks of any street, steam or electric railroad or other common carrier crosses the tracks of any other railway or common carrier, and prescribe such regulations and safety devices as may be necessary for the protection of the public and the prevention of accidents. Sec. 3. Section 36 1/2 of the above-entitled act is hereby amended to read as follows: Section 36 1/2. Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling, or operating any public utility shall, before beginning such operation or continuing of operations, or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the public service commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction; provided, that except as to automobile common carriers, nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town contiguous to its railroad, line, plant or system and not then served by a public utility of like character. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants, or systems to be construed, extended or affected as may be just and reasonable. Every applicant for a certificate of public convenience shall furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience or to issue it for the construction of a portion only of the contemplated line, plant, or system or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require. No public utility beginning, prosecuting or completing any new construction in violation of this act shall be permitted to levy any tolls or charges for services rendered and all such tolls and charges shall be void. |
Automobile common carriers to file bond
To regulate railroad crossings
Certificate must be procured from commission
Proviso
Applicant must furnish evidence of its corporate character |
κ1925 Statutes of Nevada, Page 246 (CHAPTER 161, AB 21)κ
|
Illegal construction
Illegal to discontinue service without notice
Hearings, how conducted
Misdemeanor to operate without license
Prior certificates valid
Certain act repealed |
new construction in violation of this act shall be permitted to levy any tolls or charges for services rendered and all such tolls and charges shall be void. It shall be unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon twenty (20) days notice filed with the commission, specifying in detail the character and nature of the discontinuance, or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service. All hearings and investigations under this section shall be conducted substantially as is provided for hearings and investigations of tolls, charges, and service. Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in this section, shall be prima facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of section 33 of this act; provided, however, that a municipality constructing, leasing, operating or maintaining any public utility shall not be required to obtain a certificate of convenience. Any person, firm, association, or corporation who shall operate or cause to be operated any public utility without first obtaining a certificate of public convenience as herein provided shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars; provided, that each days operation shall be considered a separate offense. All motor trucks and motor vehicles now operating under certificates of public convenience heretofore issued by the various boards of county commissioners may continue to operate under such certificates of public convenience until changed or modified by the order of the public service commission, and it shall be the duty of the county clerks of the various counties to file with the public service commission, on or before July 1, 1925, a complete statement of the certificates of public convenience issued by the county commissioners under the provisions of the act approved March 21, 1923, specifically referred to in section 4 hereof. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed, and in particular, that certain act entitled An act to regulate the use and operation of motor trucks and motor vehicles, to define and classify them, to protect the public roads and highways of Nevada, to secure revenues for their improvement and maintenance, to provide for the issuance of certificates of public convenience and licenses by boards of county commissioners and the enactment of ordinances therefor, and other matters properly appertaining thereto, to prescribe penalties for the violation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1923. |
κ1925 Statutes of Nevada, Page 247 (CHAPTER 161, AB 21)κ
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ing thereto, to prescribe penalties for the violation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1923. |
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[Assembly Bill No. 22Mr. Green]
Chap. 162An Act providing for a license for the operation of common-carrier motors and vehicles, and other matters relating thereto.
[Approved March 21, 1925]
Whereas, The operation of motor trucks and motor vehicles, at frequent intervals, over the roads and improved highways of this state, is known to rapidly destroy the said roads and improved highways so as to increase the cost of maintenance of said roads and highways, and in many instances to introduce elements of danger to the traveling public; and Whereas, It is necessary for the enforcement of good order and for the protection of roads and highways constructed by this state, and the counties thereof, that the state spend large sums of money for the regular supervision of such roads and highways, and for the repairs to damages done to said roads and highways; and Whereas, A valuable franchise is given to every person, association, or corporation, who is permitted to use the highways of this state for the transportation of property or persons for hire in any established common-carrier truck or passenger line, which may be given a certificate of public convenience and necessity under the laws of this state; and Whereas, This act is necessary for the preservation of the public safety and the support of existing institutions of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, company, association and corporation who is now or who may hereafter be permitted to use the public highways of this state for the transportation of property or passengers for hire in any established common-carrier truck or passenger line must procure annually a license therefor from the public service commission of Nevada, and make payment for such license as hereinafter provided. Sec. 2. Each operator of a motor vehicle or vehicles within this state who transports or desires to transport persons or property for hire or compensation over any public highway designated as first-class highways within this state shall file with the public service commission of Nevada on a form to be provided by said commission on or before July 1, 1925, and each semiannual period thereafter an application for a license which shall state the gross earnings from operation derived by the applicant operator from the operation of said motor vehicle or vehicles within the state for the semiannual period prior to the date of such application. |
Preamble
Annual license provided for
Application for license must contain statement of gross earnings |
κ1925 Statutes of Nevada, Page 248 (CHAPTER 162, AB 22)κ
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Highways defined
Fee to equal 4 per cent of gross earnings
Receipts to go to road funds of counties
Penalty for violation of act
In effect |
for a license which shall state the gross earnings from operation derived by the applicant operator from the operation of said motor vehicle or vehicles within the state for the semiannual period prior to the date of such application. Classes of Highways Defined-Any highway of Portland cement concrete, bituminous concrete, asphalt, or other hard surface, shall be considered a highway of the first-class. Any highway with a surface of gravel, crushed rock, or shale shall be considered a highway of the second-class. Any public earth, gravel, or rock road not included in the foregoing two classes is to be considered a highway of the third-class. Sec. 3. Such license shall be issued by said public service commission of Nevada to any operator of motor vehicles for hire who may have been granted, or who is granted a certificate of public convenience and necessity, upon payment of 4% of said operators gross earnings derived from the operation of such motor vehicles during the preceding six (6) months, and said license shall be payable semiannually; provided, that there shall be deducted from said 4% of gross earnings the amount of any plate or registration license. Sec. 4. All moneys collected for licenses under the provisions of this act shall be turned over by the said public service commission to the state treasurer of the State of Nevada, who shall annually distribute the said funds to the counties proportionate to the length of roads used and licenses affecting each county of the state, and said funds shall go into the road fund of such county. Sec. 5. Any person, company, association or corporation who shall engage in the business of transportation of property or passengers in any established common-carrier truck or passenger line within the State of Nevada, without having procured a license therefor as prescribed by this act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars; provided, that each days operation shall be considered a separate offense. Sec. 6. This act shall be in full force, effect and virtue on and after July 1, 1925. |
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κ1925 Statutes of Nevada, Page 249κ
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[Assembly Bill No. 28Mr. Guthrie]
Chap. 163An Act to amend 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 amended March 26, 1923.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. All property of every kind and nature whatsoever, within this state, shall be subject to taxation except: First-All lands and other property owned by the state, or by the United States, or by any county, incorporated farm bureau, municipal corporation, irrigation, drainage or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state. Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this state, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States. Third-Churches, chapels and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto; provided, that when any such property is used exclusively for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed. Fourth-The funds, furniture, paraphernalia and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society or organization. Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein. Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; provided, that no such exemption shall be allowed to any but actual bona-fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed any one the total value of whose property within the state exceeds six thousand dollars. |
Property exempt from taxation
Certain mines and mining claims
Churches, etc.
Proviso
Secret societies
Proviso; limitation $5,000
Free cemeteries
Widows and orphans to extent of $1,000; affidavit required |
κ1925 Statutes of Nevada, Page 250 (CHAPTER 163, AB 28)κ
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War veterans; affidavit required |
and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed any one the total value of whose property within the state exceeds six thousand dollars. Seventh-The real property owned and used by any post or unit of any national organization of ex-service men or women. The property not to exceed the amount of one thousand dollars, of any person who has served in the army, navy, marine corps, or revenue marine service of the United States in the time of war and who has received an honorable discharge therefrom; provided, that such exemption shall be allowed only to claimants who shall make an affidavit annually before the county assessor to the effect that they are actual bona-fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, that the annual income of affiant is less than eighteen hundred dollars per annum, and that the total value of all property of affiant within this state is less than four thousand dollars. |
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Closed season district No. 5
Unlawful to buy or sell fish |
[Assembly Bill No. 29Mr. Green]
Chap. 164An Act to amend an act entitled An act to provide for the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict herewith, approved March 27, 1917, as amended March 4, 1921, and as amended March 23, 1921, by adding a new section thereto to be known as section 72.
[Approved March 21, 1925]
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 to read as follows: Section 11. It shall be unlawful for any person or persons, firm, company, or corporation, to take, catch, kill, or attempt to take, catch, or kill, any river trout, lake trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouth or small-mouth black bass in or from the waters of district No. 5, between the dates of the 29th day of October of each year and the 29th day of May of the following year, both dates included. Sec. 2. Section 17 of said act is hereby amended so as to read as follows: Section 17. It shall be unlawful, except as otherwise provided by law, for any person or persons, company, association or corporation in the State of Nevada to buy, sell, or offer or expose for sale, any river trout, lake trout or brook trout, salmon, white-fish or large-mouthed or small-mouthed black bass at any period of the year. |
κ1925 Statutes of Nevada, Page 251 (CHAPTER 164, AB 29)κ
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offer or expose for sale, any river trout, lake trout or brook trout, salmon, white-fish or large-mouthed or small-mouthed black bass at any period of the year. Sec. 3. Section 18 of said act is hereby repealed. Sec. 4. Section 19 of said act is hereby amended so as to read as follows: Section 19. It shall be unlawful for any person or persons, railroad, railway company or corporation, express company, stage line, transportation company, or any common carrier in the state of Nevada to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds, or more than twenty-five (25) in number, of trout, land-locked salmon, or royal chinook salmon, or of large-mouthed or small-mouthed black bass; provided, that nothing in this section shall be so construed as to prevent the shipment or receipt, or acceptance, of not more than ten trout, regardless of weight, on one calendar day from any single consignor, and it shall be unlawful for any person or persons, firm, company, association or corporation, transportation company, or common carrier to offer or present, or to receive or accept for shipment, carriage or transportation any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket, or other container aforesaid shall be so wrapped, tied, or constructed that it shall be easily opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor and consignee; and false statements on the aforesaid label either as to the contents enclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this act. Sec. 5. Section 21 of said act is hereby amended so as to read as follows: Section 21. It shall be unlawful for any person or persons, firm, company, or corporation to take, catch, or kill, or to have in his, her, their, or its possession on any one calendar day more than ten pounds, or twenty-five (25) in number, of trout, or of land-locked salmon, or royal chinook salmon, or large-mouthed or small-mouthed black bass or Sacramento perch, or white-fish; provided, that nothing in this act shall be so interpreted as to prevent or to prohibit the taking of not more than ten trout, salmon, or other fish specified in this act, regardless of their weight. Sec. 6. Section 29 of said act is hereby amended so as to read as follows: Section 29. Nothing in this act shall be so construed as to hinder or prevent or prohibit the taking of trout or of other fishes or of their fry, eggs or ova, at any time, in any manner or by any means or in any suitable place or location by the Nevada fish and game commission or by their agents or by any one whom they may authorize, for the purposes of breeding or propagation, or of scientific study or investigation. |
Section repealed
Shipments of fish limited
Ten trout may be shipped
Container such as to be easily opened
No more than 25 fish in any one day
Provisions of act not to apply to fish and game commission |
κ1925 Statutes of Nevada, Page 252 (CHAPTER 164, AB 29)κ
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License must be procured
Prices of licenses
For U. S. citizen resident of Nevada
Other citizens of United States
Fishing license for alien; no hunting license for alien Section repealed
Terms of act defined |
manner or by any means or in any suitable place or location by the Nevada fish and game commission or by their agents or by any one whom they may authorize, for the purposes of breeding or propagation, or of scientific study or investigation. Sec. 7. Section 59 of said act is hereby amended so as to read as follows: Section 59. Every person in the State of Nevada, over the age of fourteen years, who hunts, pursues, takes or kills, or attempts to hunt, pursue, take or kill any of the wild birds or animals, or who takes, catches or kills, or attempts to take, catch or kill any of the fishes, without having first procured a license therefor, as provided in this act, shall be guilty of a misdemeanor. Sec. 8. Section 61 of said act is hereby amended so as to read as follows: Section 61. The licenses shall be issued at the following prices: First-To any citizen of the United States, who is a bona-fide resident of the State of Nevada, upon the payment of one dollar and fifty cents ($1.50) for a fishing license and one dollar and fifty cents ($1.50) for a hunting license. Second-To any citizen of the United States, not a bona-fide resident, upon the payment of three dollars ($3) for a fishing license, or ten dollars ($10) for a hunting license; provided, a citizen of any other state of the United States shall be granted fishing and hunting licenses upon the same terms and price as is charged in the state of his residence for similar licenses. Third-To any person, not a citizen of the United States, upon the payment of seven and 50/100 dollars ($7.50) for a fishing license. In no case shall a hunting license be issued to any such person not a citizen of the United States. Sec. 9. Section 68 of the above-entitled act is hereby repealed. Sec. 10. The above-entitled act is hereby amended by adding a new section to be known as section 72: Section 72. The terms take, catch, or kill, as used herein shall be construed to imply and include all lesser acts such as attempting to take, catch, or kill or to have in possession, and every act of assistance to any other person in taking or attempting to take any of the fishes protected by this act, and every person who counsels, aids or assists in a violation of any of the provisions of this act, or knowingly shares in any of the proceeds of said violation by receiving or possessing any of the fishes taken in violation of this act or who knowingly receives any moneys or other things of value derived from the violation of any of the provisions of this act shall be deemed to have incurred the penalties imposed by this act upon the person guilty of the original violation. |
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κ1925 Statutes of Nevada, Page 253κ
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[Assembly Bill No. 30Mr. Green]
Chap. 165An Act to amend an act entitled An act to provide for the protection and preservation of game and wild birds, providing penalties for the violation thereof, and repealing all other acts or parts of acts in conflict therewith, approved March 21, 1923.
[Approved March 21, 1925]
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. The following wild game and birds of the State of Nevada are hereby declared protected under the provisions of this act: Wild ducks, wild geese or brants, prairie chicken, sagehen or sagecock, grouse, pheasant, partridges, mountain quail, valley quail, plover, rail, ibis, doves or any variety of snipe or shore-birds, cotton-tail rabbits, mountain hare, deer, antelope, mountain sheep, mountain goats and elk; and the term person, as used herein, shall be construed to include any person or persons, firm, company, corporation, partnership, association, railroad, railroad company or corporation, express company, stage line, transportation company or any common carrier; and the term take, takes, or taking, as used herein, shall be construed to imply and include pursuing, shooting, hunting, killing, capturing, trapping, snaring, and netting, and all lesser acts, such as disturbing, harrying, worrying, or placing, setting, drawing, or using any net-trap or other device commonly used to take game, wild birds, and wild animals, and includes every attempt to take or to have in possession and every act of assistance to any other person in taking or attempting to take game, wild animals and birds, and every person who counsels, aids, or assists in a violation of any of the provisions of this act, or knowingly shares in any of the proceeds of said violation by receiving or possessing either game, wild animals, or birds, shall be deemed to have incurred the penalties provided in this act against the person guilty of such violation. Whenever taking is allowed by law, reference is had to taking by lawful means and in lawful manner; that is, with gun held in hand and the discharging thereof in the manner known as hunting. Sec. 2. Section 8 of the above-entitled act is hereby amended so as to read as follows: Section 8. It shall be unlawful for any person to take any wild duck, sandhill crane, plover, curlew, snipe, woodcock, goose, or brant within this state, except between the sixteenth (16) day of September and the thirty-first (31) day of December of each year, both dates included; or to take any sagehen or sagecock or prairie chicken between the first day of August and the sixteenth day of August, both dates included, in each and every year. |
Protection of game and wild birds
Definition of terms
Open season for ducks, geese, snipe, etc. |
κ1925 Statutes of Nevada, Page 254 (CHAPTER 165, AB 30)κ
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Protection of deer
Conflicting acts repealed |
first day of August and the sixteenth day of August, both dates included, in each and every year. Sec. 3. Section 10 of the above-entitled act is hereby amended so as to read as follows: Section 10. It shall be unlawful to kill, catch, trap, wound, or pursue with intent to catch, capture, injure or destroy, any deer at any time during the year other than during such fifteen (15) day period, to be known as the open season, between September 15th and November 15th of each year, as may hereafter be designated for the respective counties by the boards of county commissioners thereof, under the provisions of section 20 of this act; provided, that there shall never be any open season on deer without horns, or spiked buck or male deer with unbranched horns or antlers, and that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure or destroy more than one deer with branched horns; and provided further, that in all counties in which no designation to the contrary shall have been made by the county commissioners prior to the twentieth day of October of any year, the open season for deer with branched horns shall be from October 16 to October 31, both dates inclusive. Sec. 4. All acts or parts of acts in conflict herewith are hereby repealed. |
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Speed limit 45 miles per hour
Intoxicated driver guilty of misdemeanor |
[Assembly Bill No. 37Mr. David]
Chap. 166An Act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith.
[Approved March 21, 1925]
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 to drive or operate a vehicle of any kind or character in a reckless manner on any street or highway in this state; or in any other than a careful or prudent manner; or at a rate of speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the highway; or at such a rate of speed as to endanger the life, limb or property of any person; provided, that no vehicle shall be driven at a speed in excess of forty-five (45) miles per hour. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor. Sec. 2. It shall be unlawful for any person or persons, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state. |
κ1925 Statutes of Nevada, Page 255 (CHAPTER 166, AB 37)κ
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Any person who shall violate the provisions of this section shall be guilty of a misdemeanor. Sec. 3. Any person or persons, while intoxicated or under the influence of intoxicating liquor, who drives or operates a vehicle of any kind, and who, by reason of such intoxication or condition hereinbefore stated, does any act or neglects any duty now or hereafter imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punished as for a felony. Sec. 4. Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver, shall further give to the occupants of such vehicle, or person struck, the number of his or their said vehicle, also the name of the owner thereof, and the name of the passenger, or passengers, in each said vehicle at the time of such striking or collision. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor. Sec. 5. Every person driving a motor vehicle shall, before changing direction, extend the left hand to give notice of his intension to change direction and such signal shall be made at least fifty (50) feet before such change in direction is made. Sec. 6. Every vehicle, other than a motor vehicle, drawn on the highways of this state between sunset and sunrise, shall carry on the left side of such vehicle a white light visible from the front and rear; provided, that the requirement of this section is not applied when said vehicle is loaded with loose hay or straw. Sec. 7. The driver of any vehicle driven or propelled upon the public highway shall, when overtaken by a faster moving vehicle proceeding in the same direction, upon a signal, either by the sounding of a bell, horn, or other signaling device, given by the driver of the overtaking vehicle, cause his vehicle to be driven to the right of the center of such traveled way, if he can do so with safety, and remain to the right of the center of the traveled way until the overtaking vehicle shall have safely passed. Any driver of a vehicle that is overtaken by a faster moving vehicle who fails to heed the signal of the overtaking vehicle when it is given under such circumstances that he could, by the exercise of ordinary care and observation and precaution hear such signal, and who fails to yield that part of the traveled way as herein provided, shall be guilty of a misdemeanor. |
Intoxicated driver guilty of felony, when
Duties of drivers of colliding vehicles
Drivers must give signals
All vehicles must carry lights; exception
Faster moving vehicle entitled to road |
κ1925 Statutes of Nevada, Page 256 (CHAPTER 166, AB 37)κ
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Passing car must sound horn
Vehicle on right has right of way
Gears in mesh, when
Must stop engine when filling gas tank
Driver must protect live stock on highway
Must not throw sharp objects on highway
Barriers must not be removed
Regarding slow-moving traffic
Vehicle not to remain standing on highway |
under such circumstances that he could, by the exercise of ordinary care and observation and precaution hear such signal, and who fails to yield that part of the traveled way as herein provided, shall be guilty of a misdemeanor. Sec. 8. Any person driving a motor vehicle who shall pass, or attempt to pass, another vehicle proceeding in the same direction, without first having given a signal by horn, or bell, to indicate his intention so to pass, shall be guilty of a misdemeanor. Sec. 9. Where two vehicles are approaching on any public street or highway so that their paths will intersect and there is danger of a collision, the vehicle approaching the other from the right shall have the right of way. Sec. 10. It shall be unlawful to drive a motor vehicle while descending a grade with the gears out of mesh. Sec. 11. It shall be unlawful for the driver of any motor vehicle to leave his engine running while the supply tank of his vehicle is being filled with gasoline or other motor fuel. Sec. 12. On meeting a horse-drawn vehicle, or horse, or horses being ridden or lead, the driver of any motor vehicle shall proceed in a cautious manner and if he receives a signal, from the driver or leader of the horses or horse-drawn vehicle, to stop if the said animals show evidence of fright. On meeting a flock or herd of sheep or cattle being lawfully driven on the public highway, the driver of a motor vehicle shall proceed in a cautious manner to avoid injuring or stampeding such flock or herd. Sec. 13. It shall be unlawful to throw any glass, nails, tacks or other sharp objects upon any road, street or highway. Sec. 14. It shall be unlawful for any person to remove any barrier, or sign, stating that a road, street, or highway is closed to traffic, or to pass over a road that is marked, signed, or barricaded to indicate that it is closed to traffic. Sec. 15. Slow-moving traffic shall drive to the extreme right of the highway, but in no place shall drive at such a rate of speed that it will delay or hinder the traffic in the rear beyond a reasonable point. When a line of traffic is approaching in the opposite direction, it shall be the duty of the driver of the vehicle proceeding at a rate under ten (10) miles per hour to turn out of the road to the right at every opportunity when there are two lines of faster moving traffic, in order to give said traffic an opportunity to proceed at a reasonable speed. Sec. 16. No person shall stop an automobile, nor permit it to remain standing, on the main traveled portion of any highway for a length of time greater than is reasonably required to make adjustments or repairs; provided, that where there is room to make such adjustments or repairs, the motor vehicle shall be driven entirely off the main traveled portion of the highway. |
κ1925 Statutes of Nevada, Page 257 (CHAPTER 166, AB 37)κ
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the motor vehicle shall be driven entirely off the main traveled portion of the highway. If a vehicle of any kind be abandoned on a highway at night, it shall be the duty of the owner, or driver, to drive or pull said vehicle entirely clear of the main traveled portion of the highway. Sec. 17. It shall be unlawful for any person to drive or operate a vehicle of any kind having a width greater than eight (8) feet at a speed greater than eight (8) miles per hour, and it shall be the duty of the driver of any such vehicle to take such precautions as may be necessary to avoid endangering or delaying the other traffic. It shall also be unlawful to drive any motor vehicle loaded with baggage or goods which extend beyond the edge of the running board on the left side of the vehicle. Sec. 18. On approaching a curve or the crest of a hill it shall be the duty of the driver of every vehicle to keep to the right of the highway and to give an audible signal. It shall be unlawful for the driver of any vehicle to pass another vehicle moving in the same direction where there is not a clear view of the road five hundred (500) feet ahead. Sec. 19. The driver of every vehicle carrying a load extending beyond the end of said vehicle shall attach to the rear of said load a red flag of sufficient size to show the end of the load. Sec. 20. Every truck, using the highways of this state, having a body of such width or height that obscures a view of the road to the rear shall be equipped with a mirror carried in such position that the driver of said truck shall be able to see reflected in said mirror traffic approaching from the rear. Sec. 21. Except as otherwise herein provided, any violation of any provisions of this act shall be a misdemeanor. Upon a second conviction for any violation of any provision of this act, if the defendant shall own a motor vehicle, the license for said motor vehicle shall be revoked by the trial court for a period in the discretion of the court, but not to exceed six months; provided, that in the case of a conviction for driving a motor vehicle while intoxicated, if the defendant shall own a motor vehicle, the license for said motor vehicle shall be revoked, as hereinabove provided, upon the first conviction. It shall be the duty of the convicting court to take possession of the license plates and registration card of the vehicle, the license of which has been revoked, and to retain the same for the period of time that the revocation is in effect. Any person who shall drive the said motor vehicle, the license of which has been revoked, while said revocation is in effect, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail for not less than thirty days, or both. |
When vehicle over 8 feet in width
Duty of driver on curve or hill
Red flag attached to load, when
Certain trucks equipped with mirror
Violation of act misdemeanor
Penalty for second conviction Court may revoke license of intoxicated driver |
κ1925 Statutes of Nevada, Page 258 (CHAPTER 166, AB 37)κ
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Sections independent
Conflicting acts repealed |
Sec. 22. The invalidity of any section of this act shall not affect the validity of any other section. Sec. 23. All acts or parts of acts in conflict or inconsistent with this act are hereby repealed. |
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Who nominated
Nonpartisan offices
Proviso |
[Assembly Bill No. 50Mrs. Rose]
Chap. 167An Act to amend an act entitled An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917, as amended by an act approved March 28, 1921, and as amended by an act approved February 27, 1923.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Amend section 22 of said act to read as follows: Section 22. The party candidate who receives the highest vote at the primary shall be declared to be the nominee of his party for the November election. In the case of an office to which two or more candidates are to be elected at the November election, those party candidates equal in number to positions to be filled who receive the highest number of votes at the primary shall be declared the nominees of their party. In the case of a nonpartisan office to which only one person can be elected at the November election, the two candidates receiving the highest number of votes shall be declared to be the nonpartisan nominees; provided, however, that where but two candidates have filed for a nonpartisan office, to which only one person can be elected, the names of such candidates will be omitted from the primary election ballot and such candidates shall be declared to be the nonpartisan nominees for such office. In the case of a nonpartisan office to which two or more persons may be elected at the November election, those candidates equal in number to twice the number of positions to be filled, who receive the highest number of votes shall be declared to be the nonpartisan nominees for such office. |
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κ1925 Statutes of Nevada, Page 259κ
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[Assembly Bill No. 55Mr. Buol]
Chap. 168An Act to amend an act entitled An act to amend an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, and as amended by an act approved March 22, 1915, and as amended by an act approved March 28, 1917, and as amended by an act approved March 28, 1919, approved March 22, 1921, and subdividing section 25 thereof into section 25a, section 25b, and section 25c.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Amend section 25 of the above-entitled act to read as follows: Section 25a. Death Benefits. Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation: If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount and to and for the benefit of the persons following: 1. Burial expenses, not to exceed one hundred and fifty ($150) dollars, in addition to the compensation payable under this act. 2. To the widow, if there is no child, thirty per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with two years compensation in one sum upon remarriage. 3. To the widower, if there is no child, thirty per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage. 4. To the widow or widower, if there is a child or children, the compensation payable under clause one (1) or clause two (2), and in addition the additional amount of fifteen per centum of such wage for each such child until the age of eighteen years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child of the deceased employee shall have his compensation increased to fifteen (15) per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage. |
Compensation of employees or dependents
Death benefits specified |
κ1925 Statutes of Nevada, Page 260 (CHAPTER 168, AB 55)κ
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Death benefits specified |
increased to fifteen (15) per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen years, or if over eighteen years and incapable of self-support, becomes capable of self-support. 5. If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each child until the age of eighteen years, fifteen per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed sixty-six and two-thirds per centum of such wages. 6. If there be no surviving wife (or dependent husband) or child under the age of eighteen years, there shall be paid to a parent, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per centum of the average monthly wage of the deceased during dependency, with an added allowance of ten per centum if two dependent parents survive; to the brothers or sisters, under the age of eighteen years, if one is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty per centum of the average monthly wage for the support of such brother or sister, until the age of eighteen years. If more than one brother or sister is wholly dependent, thirty per centum of the average monthly wage at the time of injury, causing death, divided among such dependents share and share alike. If there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike. 7. In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred months. 8. Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries. |
κ1925 Statutes of Nevada, Page 261 (CHAPTER 168, AB 55)κ
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dent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only sixty (60) per cent of the amount or amounts above specified. 9. Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits. 10. In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump-sum settlements shall be allowed. 11. In case of the death of any dependent specified in the foregoing enumeration before the expiration of the time named in the award, funeral expenses not to exceed one hundred and fifty ($150) dollars shall be paid. Section 25b. Total Disability. 1. Temporary total disability: For temporary total disability, if there be no one residing in the United States totally dependent upon the workman at the time of the injury, compensation of sixty (60%) per cent of the average monthly wage, but not more than seventy-two ($72) dollars nor less than thirty ($30) dollars per month, but not exceeding one hundred months, during the period of such disability, total amount not to exceed seven thousand two hundred ($7,200) dollars; if there be persons residing in the United States totally dependent for support upon the workman, compensation as provided herein with an additional allowance of ten ($10) dollars per month for such dependents during the period of such disability. 2. Permanent Total Disability. In cases of total disability adjudged to be permanent, compensation of sixty (60%) per cent of the average monthly wage, but not less than thirty ($30) dollars per month nor more than sixty ($60) dollars per month during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of thirty ($30) dollars per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 23 of this act. In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent: 1. The total and permanent loss of sight of both eyes. 2. The loss by separation of both legs at or above the knee. 3. The loss by separation of both arms at or above the elbow. |
Death benefits specified
Total disability benefits specified |
κ1925 Statutes of Nevada, Page 262 (CHAPTER 168, AB 55)κ
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Total disability benefits specified
Partial disability benefits specified |
4. An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm. 5. An injury to the skull resulting in incurable imbecility, or insanity. 6. The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee may be deemed a permanent total disability. The above enumeration is not taken as exclusive; and in all other cases, permanent total disability shall be determined in accordance with the facts. Section 25c. Partial Disability. 1. Temporary partial disability: For temporary partial disability, sixty (60%) per cent of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than forty ($40) dollars per month for a period not to exceed sixty (60) months during the period of said disability. For the purpose of this provision any excess of wages over one hundred and twenty ($120) dollars per month shall not be taken into account in computing compensation for temporary partial disability. 2. In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and compensation of fifty (50%) per cent of the average monthly wage, subject to a minimum of thirty ($30) dollars per month and a maximum of sixty ($60) dollars per month, shall be paid in addition to the compensation paid for temporary total disability for the period named in the following schedule: (a) For the loss of a thumb, fifteen (15) months. (b) For the loss of a first finger, commonly called the index finger, nine (9) months. (c) For the loss of a second finger, seven (7) months. (d) For the loss of the third finger, five (5) months. (e) For the loss of the fourth finger, commonly called the little finger, four (4) months. (f) The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third, or fourth finger, shall be considered a permanent partial disability, and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger. (g) The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. (h) For the loss of a great toe, seven (7) months. (i) For the loss of one of the other toes other than the great toe, two and one-half (2 1/2) months. (j) However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified. |
κ1925 Statutes of Nevada, Page 263 (CHAPTER 168, AB 55)κ
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shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified. (k) The loss of more than one phalange shall be considered as the loss of the entire toe. (l) For the loss of a major hand, fifty (50) months; the loss of a minor hand, forty (40) months. (m) For the loss of a major arm, sixty (60) months; for the loss of a minor arm, fifty (50) months. (n) For the loss of a foot, forty (40) months. (o) For the loss of a leg, fifty (50) months. (p) For the loss of an eye by enucleation, thirty (30) months. (q) The permanent and complete loss of sight in one eye without enucleation, twenty-five (25) months. (r) For permanent and complete loss of hearing in one ear, twenty (20) months. (s) For permanent and complete loss of hearing in both ears, sixty (60) months. (t) The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation. (u) For the partial loss of use of a finger, toe, arm, hand, foot, leg, or partial loss of sight or hearing, fifty (50%) per cent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing. (v) Facial disfigurement: For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may allow such sum for compensation thereof as it may deem just, in accordance with the proof submitted, for a period not to exceed twelve (12) months. (w) In all cases of permanent partial disability, not otherwise specified in the foregoing schedule, the percentage of disability to the total disability shall be determined. For the purpose of computing compensation for a disability that is partial in character but permanent in quality, fifty (50%) per cent of the average monthly wage not to exceed the sum of sixty ($60) dollars per month for the period of one (1) month shall represent a one (1%) per cent disability. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury. (x) Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury. |
Partial disability benefits specified |
κ1925 Statutes of Nevada, Page 264 (CHAPTER 168, AB 55)κ
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Partial disability benefits specified
Refusal to submit to treatment voids compensation |
disability the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury. (y) The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this subsection. No compensation shall be payable for the death or disability of an employee, if his death be caused by, or in so far as his disability may be aggravated, caused or continued by, an unreasonable refusal or neglect to submit or to follow any competent and reasonable surgical treatment or medical aid. |
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Relating to liens of mechanics and others |
[Assembly Bill No. 57Mr. Klaus]
Chap. 169An Act to amend an act entitled An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto, approved March 2, 1875, amended March 3, 1917, and certain acts amendatory thereof and supplemental thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act as the same was amended March 3, 1917, is hereby amended so as to read as follows: Section 5. Every person claiming the benefit of this chapter shall, not earlier than ten days after the completion of his contract, or the delivery of material by him, or the performance of his labor, as the case may be, and in the case of every subcontractor not later than fifty days; in the case of every original contractor, not later than sixty days, and in the case of every person furnishing materials not later than ninety days, after such completion of his contract or the delivery of material or performance of labor by him, file for record with the county recorder of the county where the property or some part thereof is situated, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner if known, also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person. Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same shall result from fraud or be made intentionally, or shall have misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof. |
κ1925 Statutes of Nevada, Page 265 (CHAPTER 169, AB 57)κ
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deemed material unless the same shall result from fraud or be made intentionally, or shall have misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular shall prejudice the rights of an innocent bona-fide purchaser or encumbrancer for value. But upon the trial, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner, in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner, a notice directing such person or persons to be and appear, within the same time as is provided by law for the appearance in other actions after the service of summons, and said notice shall be served in all respects as a summons is required to be served, before said court and to show cause why he should not be substituted in said claim of lien and in said suit in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake, and to further show why he should not be bound by the judgment or decree of the court. And such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated. Sec. 2. Section 11 of the above-entitled act is hereby amended so as to read as follows: Section 11. In every case in which different liens are asserted against any property, the court, in the judgment, must declare the rank of each lien, or class of liens, which shall be in the following order, viz.: First-All labor whether performed at the instance or direction of the owner, subcontractor, or the original contractor. Second-All persons other than original contractors and subcontractors. Third-The subcontractors. Fourth-the original contractors. And the proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank. |
Error in names not to defeat liens
Court must declare rank of lien
How proceeds applied |
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κ1925 Statutes of Nevada, Page 266κ
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Surety company to furnish bonds
Premiums to be paid by state or subdivision thereof Provisos
Bonds of surety company to be accepted
Conflicting acts repealed
In effect |
[Assembly Bill No. 59Mr. Mulcahy]
Chap. 170An Act to provide surety bonds for state, district, county, township, and city officers at public expense.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every state, district, county, township, and city officer within the State of Nevada, who is now required by law or who may hereafter be required by law, to give an official bond, may have a surety company, which has complied with all the laws of this state relating to surety companies, execute such bond, pursuant to law, for the faithful performance of the duties of such office. Sec. 2. The premium for any such surety bond shall be paid for by the state, if the bond is required for a state officer, or by the district, county or city, as the bond may be required of a township officer, out of any moneys in their respective treasuries not otherwise appropriated by law; provided, however, that no premium or charge shall exceed one-half of one per cent per annum on the amount of such bond; and provided further, that this act shall not apply to notaries public. Sec. 3. Whenever any of the aforesaid officials shall tender bonds of any surety company for approval to the governor, to the district judge, to the county commissioners of their respective counties, or to any official board or person required by law to approve the same, it shall be the duty of such board or person to accept such bonds if found good and sufficient. Sec. 4. All acts and parts of acts in conflict herewith, and particularly An act to provide surety bonds for state, county and precinct officers, approved March 23, 1909, and An act to provide surety bonds for state, district, county, city and township officers at public expense, approved March 24, 1917, are hereby repealed. Sec. 5. This act shall take effect from and after its passage and approval. |
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κ1925 Statutes of Nevada, Page 267κ
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[Assembly Bill No. 61Mr. Vargas]
Chap. 171An Act to repeal an act entitled An act supplemental to an act entitled an act to amend 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 repeal section 22, section 25, section 28, and section 29 of said act, approved February 25, 1893, approved March 19, 1901.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act supplemental to an act entitled an act to amend 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 repeal section 22, section 25, section 28, and section 29 of said act, approved February 25, 1893, approved March 19, 1901, being sections 3775 and 3776, Revised Laws, 1912, are hereby repealed. |
Certain acts repealed |
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[Assembly Bill No. 63Mr. Vargas]
Chap. 172An Act to amend an act entitled An act to fix the state tax levy, and to distribute the same in the proper funds, approved March 18, 1911, and acts amendatory thereof and supplemental thereto, and repealing sections 48 and 65 thereof.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act being section 3619, Revised Laws, 1912, is hereby amended to read as follows: Section 3. Every tax levied under the provisions or authority of this act shall be a perpetual lien against the property assessed until such taxes and any penalty charges and interest which may accrue thereon shall be paid. The lien shall attach on the day on which the taxes are levied in each year, upon all property then within the county, and upon all other property on the day it is moved into the said county. If real and personal property are assessed against the same owner, a lien shall attach upon such real property also for the tax levied upon said personal property within the same county; provided, that a lien shall also attach for taxes on personal property, upon real property assessed against the same owner in any other county of the state, from the date on which a certified copy of any unpaid personal property assessment is filed for record with the county recorder of the county in which such real property is situate. |
All levies lien on real property |
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Completion of assessment roll; oath of assessor
Auditor to add up assessment roll
Duties of tax receiver upon receipt of assessment roll |
from the date on which a certified copy of any unpaid personal property assessment is filed for record with the county recorder of the county in which such real property is situate. Sec. 2. Section 19 of the above-entitled act being section 3635, Revised Laws of 1912, is hereby amended to read as follows: Section 19. On or before the third Monday of July in each year the assessor shall complete his tax-list or assessment roll, and he or his deputy, as the case may be, shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and that he has assessed it on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at its full cash value; but the failure to take or subscribe to such affidavit shall not in any manner affect the validity of any assessment contained in said assessment roll. Sec. 3. Section 27 of the above-entitled act, being section 3641, Revised Laws of 1912, is hereby amended to read as follows: Section 27. The county auditor as soon as all changes have been certified to him by the secretary of the Nevada tax commission shall enter all such changes on the assessment roll, add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll, together with the taxes thereon, and he shall, on or before the first Monday in November of each year, deliver the same to the ex officio tax receiver, with his certificate attached, together with the maps or plat book. Sec. 4. Section 32 of the above-entitled act, being section 3644, Revised Laws of 1912, is hereby amended to read as follows: Section 32. Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published, then by posting notices in three public and conspicuous places in the county, that taxes will be delinquent on the first Monday in December, and if any person charged with taxes which are a lien on real estate, according to law, shall fail to pay one-half of said taxes prior thereto, then the entire tax shall become due and a penalty of fifteen (15%) per cent will be added to the amount thereof; and the tax receiver shall forward to each taxpayer, if his address is known, an itemized statement of all taxes due from him. Sec. 5. Section 33 of the above-entitled act, being section 3645, Revised Laws of 1912, is hereby amended to read as follows: Section 33. Whenever any tax is paid to the ex officio tax receiver, he shall mark the word paid and the date of payment in the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall give a receipt therefor, specifying the amount of the assessment and the amount of the tax and a description of the property assessed. |
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tax receiver, he shall mark the word paid and the date of payment in the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall give a receipt therefor, specifying the amount of the assessment and the amount of the tax and a description of the property assessed. The taxpayer shall have the right to pay the taxes upon any subdivision thereof entered upon the assessment roll without paying upon the whole; provided, that he has furnished the assessor with a statement, under oath, of all his real estate, as provided in section 8 of this act, giving therein a full description of all his lands by legal subdivisions, together with a classification thereof by legal subdivisions into cultivated lands, meadow lands, wild hay land, pasture land, grazing, and barren land, or such other classification as shall be lawfully required by the Nevada tax commission; and provided further, that an owner of undivided real estate may always pay the portion of taxes due on his interest therein. Sec. 6. Section 34 of the above-entitled act, being section 3646, Revised Laws of 1912, is hereby amended to read as follows: Section 34. On the first Monday in December the ex officio tax receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all property therein assessed, the taxes upon which have not been paid, and shall mark the word delinquent on the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall immediately ascertain the total amount of taxes then delinquent, and prepare a list which shall specify and give: First-Roll number, page or reference; Second-Name of owner, if known; Third-Amount of taxes due, and penalties; and shall file a copy of same, verified by oath of himself or deputy, in the office of the county auditor. A penalty of three per cent per month shall be added and collected by the tax receiver on all such delinquent property from the date of delinquency until paid, or if still unpaid on the first Monday in June next succeeding, such penalty of three (3%) per cent per month shall be added to the original tax, together with the penalty of fifteen (15%) per cent hereinbefore provided, and the same shall become a lien on the property so assessed; and the tax receiver shall immediately prepare a delinquent list in the manner above provided for delinquent lists for the first instalment, verified by the oath of himself or deputy, together with any property that may become delinquent on account of the failure to pay the second instalment of taxes, and shall file the same in the office of the county auditor on or before the second Monday in June. The second instalment of all taxes for the preceding year which remain due and unpaid on the first Monday in June following, shall be subject to and there shall be added thereto, like penalties as hereinbefore provided for delinquencies upon the first instalment. |
Duties of tax receiver when tax is paid
Tax receiver to prepare delinquent tax list
Penalties for delinquency |
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Treasurer to apportion moneys to several funds
Assessment roll turned over, when and how
Tax receiver to advertise delinquent taxes |
preceding year which remain due and unpaid on the first Monday in June following, shall be subject to and there shall be added thereto, like penalties as hereinbefore provided for delinquencies upon the first instalment. Sec. 7. Section 35 of the above-entitled act, being section 3647, Revised Laws of 1912, is hereby amended to read as follows: Section 35. The county treasurer shall, on the last Monday in each month, apportion all the money that shall have come into his hands, as ex officio tax receiver, during the preceding month into the several funds, as provided by law, and shall make out a statement of the same, under oath, and transmit said statement to the auditor, to be by him filed in his office. Sec. 8. Section 36 of the above-entitled act, being section 3648, Revised Laws of 1912, is hereby amended to read as follows: Section 36. On the first Monday in August of each year, the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll, and the auditor shall then and there administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll on which taxes have been paid to him has the word paid marked opposite the name of such person, or the description of such property, that each person and all property assessed in said roll on which taxes have been stricken by the order of the board of county commissioners has such word marked opposite the taxes so stricken, and that all property that has been sold for taxes has the words advertised and sold marked opposite the same. The auditor shall then foot up the amount of taxes remaining unpaid, if any, and shall make a final settlement with the ex officio tax receiver of all taxes charged against him on account of said assessment roll. Sec. 9. Section 39 of the above-entitled act, being section 3651, Revised Laws of 1912, is hereby amended to read as follows: Section 39. Immediately after the second Monday in June of each year, the county treasurer and ex officio tax receiver shall advertise the property upon which delinquent taxes are a lien for sale, in all cases where the delinquent tax, exclusive of poll-taxes and penalties, does not exceed the sum of three hundred ($300) dollars, such sale to be made at the front door of the courthouse on the third Monday in July next succeeding. Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates. |
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the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates. Such notice shall be posted or published at least twenty-five days prior to the date of sale, and shall specify and give: First-The name of the owner, if known. Second-The description of the property on which such taxes are a lien and which will be sold for the payment thereof. Third-The amount of the taxes due from him, and the penalties and costs as provided by law. Fourth-That said property will be sold for all of said taxes, penalties, and costs, specifying the time and place of said sale, and that such sale is subject to redemption within one year after the date of sale by payment of said taxes, penalties, and costs, together with three (3%) per cent per month thereon from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. Bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalties and costs. Sec. 10. Section 42 of the above-entitled act, being section 3654, Revised Laws of 1912, is hereby amended to read as follows: Section 42. At any time after the second Monday in December and before the institution of suit, as in this act provided, where the amount of taxes exceeds three hundred ($300) dollars, and before the sale of the property where the amount of taxes does not exceed three hundred ($300) dollars, any delinquent taxpayer may pay to the ex officio tax receiver the taxes assessed against said delinquent, together with the penalties and costs provided by law, taking from the ex officio tax receiver duplicate receipts for the amount paid, one of which shall be filed with the county auditor and the other, in cases where the amount of taxes, exclusive of poll taxes, penalties, and costs, exceeds three hundred ($300) dollars, shall be filed with the district attorney of the county. Sec. 11. Section 43 of the above-entitled act, being section 3655, Revised Laws of 1912, is hereby amended to read as follows: Section 43. After having been served by any person with the duplicate tax receipt of the ex officio tax receiver for the total amount of the taxes, penalties, and costs due from such person or upon a piece of property, the district attorney shall not commence the suit authorized by this act against such person or property; provided, that if any person shall fail to serve said receipt, said person shall pay all costs that may result from his or her negligence. |
Costs charged to delinquent taxpayer
What notice shall contain
Delinquent may pay, when and how
Penalties added
Suit not to commence, when
Proviso |
κ1925 Statutes of Nevada, Page 272 (CHAPTER 172, AB 63)κ
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Disposal of penalty
Duties of auditor when tax exceeds $300
Form of complaint |
Sec. 12. Section 44 of said act, being section 3656, Revised Laws of 1912, is hereby amended to read as follows: Section 44. The additional penalties and costs hereinbefore or hereinafter provided for shall be paid into the county general fund for the use of the county. Sec. 13. Section 45 of the above-entitled act, being section 3657, Revised Laws of 1912, is hereby amended to read as follows: Section 45. The auditor shall, within three days after receiving the delinquent list in June each year, make out and deliver to the district attorney of his county, a list duly certified to by him of all delinquencies, where the delinquent tax, exclusive of poll taxes and penalties, exceeds the sum of three hundred dollars, charging him therewith, and shall at the same time give notice by publication in some newspaper in the county, if there be any, and if not, then by posting notices in three public places in the county, that the said list has been deposited with the district attorney, and that unless the delinquent taxes therein specified, together with penalties and costs, are paid to the treasurer, as ex officio tax receiver, within twenty days from the publication or posting of such notices, action will be commenced by the district attorney for the collection of said taxes, penalties, and costs. The auditor shall make, or procure and file with the district attorney an affidavit stating contents of said notice and the manner and time of such publication or posting as required by this section. Sec. 14. Section 49 of said act, being section 3661, Revised Laws of 1912, is hereby amended to read as follows: Section 49. The complaint in said action may be as follows in form: State of Nevada,........................................, County of............................... (Title of Court.) The State of Nevada v. A. B. & Co., and the real estate and improvements in (describing them). The State of Nevada, by C. D., district attorney of the county of................. complains of A. B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between the first day in January and the second Monday in July, A. D. one thousand nine hundred and.........., in the county of.....................in the State of Nevada, E. T., then and there being county assessor of said county, did duly assess and put down on an assessment roll all the real and personal property in said county subject to taxation, and that said assessment roll was afterward submitted to the board of equalization of said county, and was by said board duly equalized as provided by law; that said A. B. was then and there the owner of, and that there was duly assessed to him the above described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year |
κ1925 Statutes of Nevada, Page 273 (CHAPTER 172, AB 63)κ
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estate and certain personal property, and that upon such property there has been duly levied for the fiscal year A. D. nineteen hundred and................., a state tax of.................. dollars, and a county tax of.................dollars, amounting in the whole to................dollars, all of which is due and unpaid; of which amount.................. dollars was duly assessed and levied against the real estate, and..................dollars against the improvements aforesaid, and...............dollars against the personal property. Wherefore, said plaintiff prays judgment against A. B. for the sum of ..................... dollars (the whole of said tax) and all penalties and costs, and a separate judgment against said real estate and improvements, for the sum of............... dollars (the tax due on real estate, improvements and personal property) and all penalties and costs, as provided by law for the nonpayment thereof at the time, as required by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and of this action. C. D., district attorney, county of............................. Sec. 15. Section 51 of said act being section 3663, Revised Laws of 1912, is hereby amended to read as follows: Section 51. Upon a complaint in a district court, a summons shall be issued as provided in other civil cases, except that it shall require the defendant and all owners of or claimants to any real estate or improvements described in the summons, known or unknown, to appear and answer the complaint filed in said court on a day certain, which day shall not be less than thirty, nor more than forty days from the date of the summons. The summons so issued shall be served by the sheriff, as follows: First-As to the personal defendant, by delivering to and leaving with him a copy of the summons if found within the county. If the personal defendant cannot, after diligent search, be found within the county, then service may be made upon such personal defendant by publishing a notice, substantially in the form hereinafter prescribed, in some newspaper published in the county, if there be one, once each week for three successive weeks; and in case no newspaper is published in the county, or in case a newspaper is published in the county, and, from any cause whatever, the proprietor, manager or chief clerk of such newspaper refuse to publish the same (such facts to be shown by affidavit of the officer serving said summons), then the notice hereinafter prescribed may be posted at the courthouse door of the county in which the said suit is commenced, for twenty-one days, and no order of court shall be necessary for such publication or posting, but it shall be the duty of the sheriff to publish or post said notice as herein provided, when the personal defendant cannot be found within the county, and to return the manner of service on the summons. |
Form of complaint
Summons to issue as in civil cases
As to personal defendant |
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As to real estate and improvements thereon
Form of notice |
Second-As to real estate and improvements thereon, or improvements when assessed to a person other than the owner of the real estate, and as to all owners of or claimants to the same, known or unknown, service of the summons may be made by posting a copy of the summons in some public place on the real estate, or improvements, when assessed separately, for twenty-one days, and also by publishing or posting a notice in the same manner and for the same time as required in cases where the personal defendant cannot be found in the county. The last publication of the notice, and the last day of the twenty-one days which the copy of the summons is required to be posted, shall expire at least ten days before the return day named in the summons. No other or further service shall be required, and the return of the officer, showing a service of the summons as herein required, shall be conclusive evidence of the due service of the summons upon the defendant named, the real estate and improvements thereon, when assessed separately, and upon all owners of and claimants to the same, known or unknown. If, on the return day named in the summons, the personal defendant fail to appear and answer the complaint, his default may be entered and final judgment entered by the clerk, as in other civil cases, for the amount of taxes with penalties and costs, as provided by law; and if, upon the return day, no person appear and answer for the real estate and improvements thereon, or for the improvements when assessed separately, then the default of the said real estate and improvements thereon, or of the improvements, when assessed separately, and of all owners of or claimants to the same, known or unknown, may be entered, and final judgment rendered as in other civil cases. The notice required to be published or posted shall be substantially in the following form, and may include any number of cases in which the return day of the summons shall be the same:
State of Nevada, county of.........................; district attorneys office. Notice of suits commenced-To the following named defendants, and to all owners of, or claimants to the real estate and improvements, when assessed separately, hereinafter described, known or unknown. You are hereby notified that suits have been commenced in (name of court, where held, etc.) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to said defendant against said property, for the fiscal year commencing ......................, and ending ......................, and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer the complaint filed in said cause, on or before the |
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the complaint filed in said cause, on or before the ......... day of .................., 19...., judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit. Tax and delinquency A. B. (describe real estate and improvements as in summons) $................. C. D., personal property, assessed at $.................. C. D., district attorney, ....................................County
It shall be the duty of the district attorney to file in the office of the county recorder a copy of each notice, published or posted, with the affidavit of the publisher or foreman in the office, setting forth the date of each publication of the notice, the paper in which the same was published; and the officers shall file a copy of the notices posted, with an affidavit of the time and place of posting, which copies so filed as aforesaid, or certified copies thereof, shall be prima-facie evidence of all the facts therein contained, or contained in the affidavit, in all courts in this state. The publishers shall be entitled to $2 for each case for publishing said notice, including the making of the affidavit. The recorder shall be entitled to 50c for filing each notice of publication, including affidavit; and said sums so allowed shall be taxed and collected as other costs in the case, from the defendant, and in no case shall there be a charge against or collected from the county or state. Sec. 16. Section 52 of the above-entitled act, being section 3664, Revised Laws of 1912, is hereby amended to read as follows: Section 52. The defendant may answer, which answer shall be verified: First-That the taxes and penalties have been paid before suit. Second-That the taxes with penalties and costs have been paid since suit, or that such property is exempt from taxation under the provisions of section 5 of this act. Third-Denying all claim, title or interest in the property assessed, at the time of the assessment. Fourth-That the land is situate in, and has been duly assessed in another county, and the taxes thereon paid. Fifth-Fraud in the assessment, or that the assessment is out of proportion to and above the actual cash value of the property assessed; provided, however, that in such last-mentioned case, where the defense is based upon the ground that the assessment is above the actual cash value of the property, the defense shall only be effectual as to the proportion of the tax based upon such excess of valuation, but in no such case shall an entire assessment be declared void. Sec. 17. Section 53 of the above-entitled act, being section 3665, Revised Laws of 1912, is hereby amended to read as follows: |
Form of notice
Copy to be filed in office of county recorder
Fee of publisher and recorder
Answer of defendant |
κ1925 Statutes of Nevada, Page 276 (CHAPTER 172, AB 63)κ
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Character of judgment
Taxes for personal property a lien on real property
Costs and penalties as liquidated damages |
Section 53. In case judgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases; but when defendants have no claim or title to the property at the time of assessment, judgment may, notwithstanding, be entered against the property by continuing the suit, and summoning the owner, known or unknown, as provided in section 51 of this act. In case judgment is rendered for plaintiff, it may be entered against such defendant or defendants, as are found liable for the tax, and for such portions as he or they may be found liable for. Judgment may be entered against the real estate, improvements, and personal property, for the taxes, penalties and costs severally due thereon; and when it appears from the assessment roll, and is not disproved at the trial, that the real estate, improvements, and personal property belonged to the same person or persons at the time the assessments were made, then the whole tax of such person or persons for that year may be recovered out of any of such real estate, improvements, or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, a lien shall attach thereon for the taxes and penalties due upon the personal property, and shall not be released from such lien until all taxes, penalties and costs are paid, as provided in section 3 of this act. Such judgment shall be a lien as aforesaid, as in other civil cases where judgments are rendered in the district court. Such lien shall not be extinguished until the delinquent tax, penalties and costs of suit and sale shall have been paid. The clerk of the district court may issue execution upon judgments rendered in his court as in other civil cases. Judgment may be rendered by default, for want of an answer, as in other civil cases. In case any person shall be sued for taxes on any lands or improvements, of which he was the owner, or in which he had a claim or interest at the time of the institution of suit, and shall be discharged from personal liability, under an answer in conformity with the third subdivision of section 52 of this act, and such lands or improvements shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, or if he shall pay the taxes and costs to prevent a sale, then such personally discharged defendant shall have, and is hereby given the right, of recovery over against the owner at the time of the assessment, or any subsequent purchaser, for the full sum of all taxes, penalties and costs, or redemption money paid. And in every case of such recovery, the judgment shall, in addition to the taxes, penalties and costs, or in addition to the redemption money paid, include twenty-five per centum (25%) of the amount of taxes and costs of redemption money as liquidated damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima-facie evidence of the debt and of its amount. |
κ1925 Statutes of Nevada, Page 277 (CHAPTER 172, AB 63)κ
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money as liquidated damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima-facie evidence of the debt and of its amount. Sec. 18. Section 95 of said act, being section 3707, Revised Laws of 1912, is hereby amended to read as follows: Section 95. The district attorneys of the several counties of this state are hereby authorized and directed, immediately on receiving the delinquent list from the auditor, as provided in the preceding section, to commence action in the name of the State of Nevada against the person, firm, corporation, company or association so delinquent, and against the mines or mining claims from which the gold and silver-bearing ores, quartz or minerals, or other taxable products were extracted and assessed, so delinquent. Such action may be commenced in the county where such assessment is made, before any justice of the peace or court in said county having jurisdiction thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes sued for, not regarding the location of the mine or mining claim as to township, nor the residence of the person, firm, corporation, company or association, as to town, township, county or state. Fifteen per cent additional and three per cent per month from date of delinquency till paid, by way of penalty, shall be collected on all delinquent taxes. Sec. 19. Section 96 of said act, being section 3708, Revised Laws of 1912, is hereby amended to read as follows: Section 96. The complaint in said action may be as follows: State of Nevada, county of.................... (Title of court.) The State of Nevada v. A. B. & Co., the possessory claim to the mine or mining claim (describing it). The State of Nevada by C. D., district or prosecuting attorney of the county of ......................... complains of A. B., and also the following mine or mining claim (describing the mine or mining claim with the same particularity as in actions of ejectment), and for cause of action says: That between the first Monday in .................... (here insert the time in which the assessor is directed to make the assessment for the quarter for which the taxes are delinquent), in the county of............ in the State of Nevada, E. F., then and there being county assessor of said county, did duly assess and set down on an assessment roll for the quarter-year commencing the first day of ......................, and ending the .......................... day of .................., ................ tons of gold and silver-bearing ore, quartz or mineral, or other taxable product, extracted from the mine or mining claim designated and described in this complaint; said ore, quartz or mineral was assessed at ....................... dollars per ton from the sworn (or affirmed) statement furnished by ......................, his (or their, as the case may be) agent (or superintendent), to the assessor (or, in case no statement was furnished the assessor, then the assessed value may be stated from the best source of information within the assessors reach); |
District attorneys to begin suits, when and where
Form of complaint |
κ1925 Statutes of Nevada, Page 278 (CHAPTER 172, AB 63)κ
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Form of complaint
What may be set up in answer
Sections repealed |
case no statement was furnished the assessor, then the assessed value may be stated from the best source of information within the assessors reach); that said A. B. was then and there the owner of said possessory mine or mining claim, and did extract therefrom the gold and silver-bearing ore, quartz or mineral, or other taxable product assessed, and upon which the taxes are now delinquent and unpaid; and that said ore, quartz or mineral, or other taxable product, was duly assessed to him, and upon it there has been duly levied, by the operation of the law taxing the proceeds of the mines, for the quarter commencing the first day of ........................, in the year of our Lord one thousand eight hundred and ................., a state tax of ................. dollars, and a county tax of .................... dollars, amounting in the whole to ................... dollars, all of which was duly assessed and levied against the proceeds of the mines or mining claim as aforesaid. Wherefore, plaintiff prays judgment against said A. B. for the sum of ................ dollars, and a separate judgment against said possessory mine or mining claim for the sum of ................. dollars, the whole of said tax on the proceeds of the possessory mine or mining claim herein described, per quarter-year delinquent, and for such damages as are provided for by law, and for such further judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and the commencement of this action. C. D., district or prosecuting attorney, county of.................. Sec. 20. Section 97 of said act, being section 3709, Revised Laws of 1912, is hereby amended to read as follows: Section 97. So far as they are applicable, and not otherwise expressly provided in this act, the answer to the complaint as provided in the preceding section, the means and manner of serving papers, fees of officers serving papers, and in all other matters concerning the collection of delinquent taxes on the proceeds of the mines, the laws for the collection of taxes on real estate and personal property, as provided in this act, shall apply. Sec. 21. Sections 48 and 65 of the above-entitled act, being sections 3660 and 3677, Revised Laws of 1912, are hereby repealed. |
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κ1925 Statutes of Nevada, Page 279κ
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[Assembly Substitute for Assembly Bill No. 79Committee on Agriculture]
Chap. 173An Act to amend that certain act entitled, An act to provide for the cooperative agricultural and home economics extension work in the several counties in accordance with the Smith-Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation therefor, levying a tax, and for other purposes, approved April 1, 1919, by adding an additional section thereto, to be known as section 8, approved March 10, 1923.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto an additional section to be known as section 8: Section 8. Whenever any county in this state has to its credit in the state treasury on January first in any year for farm bureau purposes more money than is necessary to carry out the work of the bureau for the then ensuing year as provided for by its budget, as herein before mentioned, for that year, shall be entitled to have such surplus refunded to the treasury of such county for general county purposes, and the state controller is hereby authorized and directed to draw his warrant for any and all of such sums, payable by the state treasurer from the farm bureau fund. Sec. 2. This act shall become effective from and after its passage and approval. |
Excess funds to revert to general fund |
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[Assembly Bill No. 95Mr. Phillips]
Chap. 174An Act to amend an act entitled An act for the better protection of motor-vehicle dealers, garage-keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner, approved March 24, 1917.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. Any lien or liens so acquired shall expire by limitation at the expiration of 45 days from date of filing unless suit is brought by the holder of said lien or liens to enforce the same within said period. |
Liens shall expire by limitation |
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κ1925 Statutes of Nevada, Page 280κ
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Superintendent of public instruction to apportion fund
How funds apportioned
When school closed by reason of epidemic
Same |
[Assembly Bill No. 102Committee on Education]
Chap. 175An Act to amend sections 151, 152, and 152 1/2 of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, as amended.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 151 is hereby amended to read as follows: Section 151. It shall be the duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among the several counties of the state in the following manner: 1. He must ascertain the number of teachers to which each school district is entitled by calculating one teacher for the first twenty pupils in average daily attendance or such less number of pupils in average daily attendance as allowed by law for the maintenance of a school, and one additional teacher for each twenty pupils or major fraction of twenty pupils in average daily attendance; provided, that a school having an average attendance of twenty or more, as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher, if such school has regularly employed two teachers since the preceding semiannual school apportionment. 2. (a) When the school board of any district is obliged to close the schools by order of the board of health or health officer on account of the prevalence of a contagious or infectious disease, or when it is impossible to maintain the school on account of any circumstances over which the school board has no control, the superintendent of public instruction shall allow such district its regular apportionment of funds as though such time had not been lost; provided, that an allowance may not be made for a period longer than that authorized by law for the payment of teachers salaries during the time a public school is closed on account of an epidemic. (b) When the attendance of any school or schools of a district is seriously affected by the existence of an epidemic, or circumstances over which the school board of the district has no control, although the schools are not closed because of such condition, the superintendent of public instruction shall allow said district an average daily attendance which shall be the same per cent of the total enrolment of the year that the average daily attendance of either the first or second immediately preceding school year was of the total enrolment of said school for said first or second previous school year; or under said conditions he may take the six months of highest average daily attendance as the apportionment basis. |
κ1925 Statutes of Nevada, Page 281 (CHAPTER 175, AB 102)κ
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year; or under said conditions he may take the six months of highest average daily attendance as the apportionment basis. (c) The superintendent of public instruction is hereby empowered to establish uniform rules to be used in ascertaining the average daily attendance. (d) Any teacher, principal or superintendent who shall knowingly report, cause to be reported, or permit to be reported, the presence of any pupil or pupils at school, when such pupil or pupils were absent, or when school is not in session, shall forfeit his certificate or subject it to revocation, and the same shall not be restored or a new one granted within one year after such forfeiture or revocation; provided, that pupils who are excused from attendance at examinations or having completed their work in accordance with the rules of the board of directors, shall be accredited with attendance during said period. 3. After setting aside the sum of three thousand dollars as the emergency school fund in the manner provided in section 90 of the above-entitled act, and not more than twenty thousand dollars as the state school reserve fund, he must apportion the state distributive school fund, subject to apportionment at the time, among the several counties of the state in the following manner: (a) He shall apportion $137.50 for each teacher to which the county is entitled as provided in paragraph 1 of this section; provided, that for districts having an average daily attendance of less than five resident pupils for the preceding school year, he shall apportion $62.50. (b) He shall apportion on a per capita basis from the state distributive school fund not more than $9 nor less than $8 for every pupil in average daily attendance, as shown by the last preceding annual school report. 4. (a) Whenever any county shall have levied 35 cents on the hundred dollars assessed valuation of the county for elementary school purposes, if such levy does not bring in an amount of money equal to that required by law of such county for elementary school purposes, exclusive of bonds and interest thereon, the superintendent of public instruction shall apportion to said county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 35 cents on the hundred dollars by the county will be sufficient to make the sum required by law of such county for elementary school purposes; provided, that in the apportionment for July, 1925, said rate shall be 30 cents on the hundred dollars in counties having county high schools and said rate shall be 50 cents on the hundred dollars for combined elementary and high school purposes in counties levying a rate for such combined purposes. (b) Whenever any county has levied 35 cents on the hundred dollars for the support of the regularly established high schools of the county, if such levy of 35 cents is not sufficient to provide the minimum sum determined in the manner hereinafter set forth, the superintendent of public instruction shall apportion from the state school reserve fund such a sum as taken with the amount raised by said 35 cents levy shall make a total equal to said minimum amount. |
Uniform rules established
Certificate forfeited for false report
Further duties of superintendent of public instruction |
κ1925 Statutes of Nevada, Page 282 (CHAPTER 175, AB 102)κ
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Further duties of superintendent of public instruction |
hundred dollars for the support of the regularly established high schools of the county, if such levy of 35 cents is not sufficient to provide the minimum sum determined in the manner hereinafter set forth, the superintendent of public instruction shall apportion from the state school reserve fund such a sum as taken with the amount raised by said 35 cents levy shall make a total equal to said minimum amount. The superintendent of public instruction shall ascertain from the annual reports of the regularly established high schools of the state for the preceding school year the number of children in average daily attendance (to the nearest unit) per high school teacher (excluding superintendents and principals) employed in said high schools and the average annual salary (to the nearest dollar) paid such high school teachers. He shall then ascertain the number of high school teachers for such relief apportionment purposes to which said county is entitled on the basis thus determined. He shall then find the product of the average annual salary of high school teachers as determined above by the number of apportionment teachers thus allotted said county and this product shall be taken as the minimum amount to be used as the basis of any relief apportionment from the state school reserve fund to said county for high school purposes. 5. (a) The superintendent of public instruction shall then apportion to any district in the state which, after receiving the regular state and county apportionment provided for above, shall lack the necessary funds to maintain its school properly, a special district relief apportionment from the state school reserve fund, whenever such district shall have levied (and there shall have been collected the first half of) a special district tax of not less than 15 cents on the hundred dollars of assessed valuation of the district. If the county in which such district is located has levied a total tax for county school purposes, exclusive of school bonds and interest thereon, amounting to 65 cents, but for the apportionment in July, 1925, 50 cents on the hundred dollars of assessed valuation of such county, the state shall provide from the state school reserve fund a sum of money equal to not more than $5 per census child, for such relief apportionment to such district; provided, that if the state school reserve fund is sufficient, no district shall receive less than $50 relief apportionment under the provisions of this act. In case the county levy for school purposes in the county in which such district is located is less than 65 cents; but for the apportionment in July, 1925, 50 cents on the hundred dollars of assessed valuation for county school purposes, exclusive of school bonds and interest thereon and any county relief rate, the county shall provide from its county general fund such special relief apportionment to be made by the superintendent of public instruction; provided, such district has submitted a budget as now required by law for such year, and the moneys provided from this and other sources and taxes shall not exceed such budget requirements. |
κ1925 Statutes of Nevada, Page 283 (CHAPTER 175, AB 102)κ
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by the superintendent of public instruction; provided, such district has submitted a budget as now required by law for such year, and the moneys provided from this and other sources and taxes shall not exceed such budget requirements. (b) Subdivision 5 (a) shall apply to any district having more than 200 pupils in average daily attendance as shown by the last preceding annual school report, only to the extent of 200 pupils. Sec. 2. Section 152 is hereby amended to read as follows: Section 152. The superintendent of public instruction shall apportion the county school fund belonging to each county among its several school districts as follows: (a) He shall apportion to each district in the several counties $312.50 for each teacher to which the district is entitled as provided in section 151, paragraph 1. (b) He shall further apportion on a per capita basis to each district $1 for each pupil in average daily attendance as shown by the last preceding annual school report. (c) He shall apportion the balance remaining in the county school fund on a per capita basis in proportion to the number of pupils in average daily attendance as shown by the last preceding annual school report. (d) He shall apportion the amounts of money due any joint school district formed of parts of two or more counties in such manner that the counties concerned and the state shall each contribute the regular amounts per pupil in average daily attendance, and the money due such district on the teacher shall be apportioned in proportion to the number of pupils in average daily attendance residing in that part of said joint school district lying within the respective counties. (e) The moneys apportioned to each school district under the provisions of this act, together with any moneys raised by special district tax for school maintenance or derived from any other source, shall be known as the district school fund of such district, and may be used to purchase sites, build or rent schoolhouses, purchase libraries, pay teachers salaries or contingent expenses, or transportation of children to and from school, as the school board of the district may deem proper; provided, that in districts other than consolidated districts employing less than ten teachers and in consolidated districts employing less than two teachers, no money shall be paid for transportation of pupils to and from school without the approval of the deputy superintendent. The county treasurer and the county auditor of each county shall keep account of said moneys as a single fund for each school district within their respective counties. 2. It shall be the duty of the board of county commissioners of each county, not later than the April meeting, 1925, so as to provide funds under this act for the school year 1925-1926, and annually thereafter at the time of levying their county taxes, after considering the needs of the several school districts within their county as shown by the school budgets submitted as required by law, to levy a county school tax sufficient to provide $625 per apportionment teacher and not less than $2 per pupil in average daily attendance, subject, however, to the provisions of paragraph 5(a) in section 151 of this act. |
Further duties of superintendent of public instruction
Moneys apportioned to go into district school fund
Duties of county treasurer and auditor Duties of county commissioners |
κ1925 Statutes of Nevada, Page 284 (CHAPTER 175, AB 102)κ
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Certain moneys to revert
Report of apportionment to certain officers
Further duties of treasurer and auditor
Auditor to make report
Duties of superintendent on receipt of report |
their county taxes, after considering the needs of the several school districts within their county as shown by the school budgets submitted as required by law, to levy a county school tax sufficient to provide $625 per apportionment teacher and not less than $2 per pupil in average daily attendance, subject, however, to the provisions of paragraph 5(a) in section 151 of this act. 3. Any money remaining in the state school reserve fund and in any county school reserve fund on the 30th day of June and the 31st day of December of any year shall revert to the state distributive school fund and to the county school fund, respectively. 4. 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. 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 amount certified to the superintendent of public instruction for apportionment shall not include the school insurance fund so 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. Sec. 3. Section 152 1/2 is hereby amended to read as follows: Section 152 1/2. On or before the 10th day of July of each school year the county auditor in each county shall report to the superintendent of public instruction the amount of moneys in the district school fund of each school district in his county. The superintendent of public instruction shall, upon receipt of such report, deduct from the total amount of money to the credit of each of the school districts all amounts over and above three hundred fifty dollars for each apportionment teacher assigned to said district. The amounts deducted as provided in this section shall be placed to the credit of a fund known as the county school reversion fund; the moneys in said fund to be used only for the aid of new or weak school districts of such county. |
κ1925 Statutes of Nevada, Page 285 (CHAPTER 175, AB 102)κ
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placed to the credit of a fund known as the county school reversion fund; the moneys in said fund to be used only for the aid of new or weak school districts of such county. The moneys of said fund shall be transferred to such school district needing aid by the county commissioners in the same manner as other county moneys are transferred; provided, that this may be done only on approval of the deputy superintendent. All moneys in said county school reversion fund in excess of $500 on the 10th day of June of each year shall be placed to the credit of the unapportioned county school fund of the county. The superintendent of public instruction shall, at the time of making the deductions in accordance with this act, notify each county auditor and county treasurer of his actions and the county auditor and county treasurer shall make such entries in their accounts as will show that such deductions have been made; provided, that this section shall not apply so as to remove from the funds of any school district any moneys derived from any source other than by apportionments from the state fund or the county fund. If the trustees of any school district shall certify to the superintendent of public instruction that a new school building, or repairs on an old school building, are necessary to the district, and that the trustees have been authorized by vote of the district, if a vote is required, to build such new school building, or to make such needed repairs, or that the balance in the funds of the district is necessary for the maintenance of school in the district, and that the trustees have estimated that the cost of such new school building, needed repairs, or school maintenance is to be.............dollars, the superintendent of public instruction shall make whatever investigation he may deem best, and if he shall become satisfied that such new building or repairs are necessary in the district, or that the balance of the funds in the district is necessary for the maintenance of school in the district, and that the amount estimated to be spent for such new building, repairs, or maintenance of school is a reasonable amount to be set aside for the purpose mentioned, he shall not make the deductions as provided in this section, but he shall make such deductions as will leave the funds in the district an amount equal to the estimated amount to be spent for such new building, repairs, or maintenance of school, together with three hundred fifty dollars for each apportionment teacher assigned to that district. |
Proviso
Trustees to certify need of new school building or repairs; superintendent must approve |
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κ1925 Statutes of Nevada, Page 286κ
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Powers of sheriffs regarding unclaimed horses |
[Assembly Bill No. 105Mr. Guthrie]
Chap. 176An Act to amend an act entitled An act providing for the inspection of horses about to be driven or shipped out of the state; creating the sheriffs of the several counties inspectors of horses, and prescribing their duties as such; prohibiting the transportation by railroad companies of horses without inspection; and providing penalties for the violation of the provisions of this act, approved March 29, 1907.
[Approved March 21, 1925]
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 to read as follows: Section 8. Said sheriffs shall have power and are hereby authorized to sell all unclaimed horses which shall come into their possession while in the discharge of their duties as such inspectors in the manner and form now prescribed for the advertising and sale of personal property under writ of execution and shall pay the proceeds of such sale, less the actual expenses of advertising, care and keeping of such unclaimed horses, into the county treasury to the credit of the general fund of the county; provided further, that if ownership of such estrays shall be established to the satisfaction of the board of county commissioners of the county in which such animals are sold, within one year after the date of notice of sale of such unclaimed horses, it shall be the duty of the board of county commissioners to cause a county warrant to be issued against the general fund of the county in favor of the owner or owners of such unclaimed horses in the amount of the net proceeds derived from such sale. Proof of ownership shall be by affidavit of the owner or owners and at least one credible corroborative witness. |
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κ1925 Statutes of Nevada, Page 287κ
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[Assembly Bill No. 107Introduced by Mr. Kennedy]
Chap. 177An Act providing a general corporation law.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The provisions of this act shall apply to corporations hereafter organized in this state, except such corporations as are expressly excluded by the provisions of this act; it shall also apply to corporations which are consolidated, or which shall reincorporate hereunder, in the manner provided in section 82 hereof, and to no other corporation. Sec. 2. This act may be amended or repealed at the pleasure of the legislature, and every corporation created under this act, or availing itself of any of the provisions of this act, and all stockholders of such corporation shall be bound by such amendment; but such amendment or repeal shall not take away or impair any remedy against such corporation, or its officers, for any liability which shall have been previously incurred; this act, and all amendments thereof, shall be a part of the charter of every such corporation, except so far as the same are inapplicable and inappropriate to the objects of such corporation. Sec. 3. Any number of persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under the provisions and subject to the requirements of this act, by making, subscribing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; and filing a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. Said articles of incorporation, or certificate of incorporation shall be as provided in section 4 of this act, and it shall be the duty of the secretary of state to require the same to be in the form so prescribed, and that the name of the proposed corporation distinguishes it from any other corporation at that time organized or existing under and by virtue of the laws of the State of Nevada; and if any such articles or certificates shall be defective in either respect, the secretary of state shall return the same for correction. Sec. 4. The certificate or articles of incorporation shall set forth: 1. The name of the corporation (which name shall end with the word Incorporated, or shall contain one of the following words, used therein as a substantive noun, Association, Company, Corporation, Club, Society, Syndicate), and shall be such as to distinguish it from any other formed or incorporated in this state, or engaged in the same business, or promoting or carrying on the same objects or purposes in this state. |
To whom provisions of act apply
Act may be repealed or amended at pleasure of legislature
How corporation may be formed
Duties of secretary of state
What articles of incorporation shall contain |
κ1925 Statutes of Nevada, Page 288 (CHAPTER 177, AB 107)κ
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What articles of incorporation shall contain |
ciation, Company, Corporation, Club, Society, Syndicate), and shall be such as to distinguish it from any other formed or incorporated in this state, or engaged in the same business, or promoting or carrying on the same objects or purposes in this state. 2. The name of the county, and of the city or town, and of the place within the county, city, or town in which its principal office, or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the said county, city or town, the secretary of state shall refuse to issue his certificate until such location is marked and established. 3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. 4. The maximum number of shares with nominal, or par value, and the maximum number of shares without nominal or par value, that the corporation is authorized to have outstanding at any time, the classes, with the distinguishing characteristics of each, if any, into which the same are divided, and the nominal or par value of the shares of stock other than shares which it is stated are to have no nominal or par value. 5. The amount of capital with which the corporation will begin business, which shall not be less than five hundred ($500) dollars. 6. Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number of such directors or trustees, which shall not be less than three (3). The names and postoffice addresses of the first board of directors or trustees. 7. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in shall be subject to assessment to pay debts of the corporation, and, unless provision is made in such original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock, and no stock issued as fully paid up, shall ever be assessable, or assessed, and the articles of incorporation shall not be amended in this particular. 8. The name and postoffice address of each subscriber of the certificate or articles of incorporation, and a statement of the number of shares of stock which he agrees to take. 9. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease. 10. The certificate or articles of incorporation may also contain any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds, or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this state. |
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the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds, or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this state. Provided, however, that corporations may not be formed under this act to conduct in this state the business of banking companies, trust companies, building and loan associations, insurance companies, mutual fire insurance companies, surety companies, express companies, railroad companies, corporations not for profit, but a corporation may be incorporated under this act to transact the business of an insurance company, life, fire, marine, or accident, or other form of insurance, or of a surety company, or of a railroad company, to operate wholly without this state, and may unite the powers to conduct such business without this state with any powers which it is authorized to exercise without or within this state. Provided further, that such corporation shall not infringe the laws of such other state or country in which it may intend to engage in business, by so incorporating under this act. Sec. 5. Upon making the certificate or articles of incorporation, and causing the same to be filed, and paying the fees therefor, the secretary of state shall issue to the corporation a certificate that the articles, containing the required statement of facts, have been filed in his office, and thereupon, the persons so associating, their successors and assigns, shall, from the date of such certificate, be and constitute a body corporate, by the name set forth in said certificate or articles, subject to dissolution, as in this act elsewhere provided. A copy of any certificate of incorporation, or articles of incorporation filed in pursuance of this act, and certified by the secretary of state under his official seal, or a copy of the copy thereof, filed with the county clerk, under the county seal, certified by said clerk, shall be received in all courts and places as prima facie evidence of the facts therein stated, and of the existence and due incorporation of such corporation therein named. In all civil actions brought by or against a corporation it shall not be necessary to prove on the trial of the cause the existence of the corporation unless the defendant in his or its answer expressly aver that such plaintiff or defendant is not a corporation, and verify the same. Sec. 6. It shall be lawful for the incorporators of any corporation, before the payment of any part of its capital, to file with the clerk of the county in which copy of certificate of incorporation was filed, and file with the secretary of state, an amended certificate duly signed by the incorporators named in the original certificate of incorporation, and duly acknowledged or proved as required for certificates of incorporation under this act, modifying, changing, or altering its original certificate of incorporation, in whole or in part, which amended certificate shall take the place of the original certificate of incorporation, and shall be deemed to have been filed on the date of filing of the original certificate; provided, however, that nothing herein shall permit the insertion of any matter not in conformity with this act; and provided, however, that this act shall not in any manner affect any proceedings pending in any court, and for filing said amended certificate of incorporation, the secretary of state shall charge such fee as shall be allowed by law. |
Certain corporations may not be formed
Proviso
When corporation existence begins
Proof of existence
Lawful powers of corporation |
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Number of shares may be increased without changing amount of capital stock
Certificate or articles may be amended
How amendment effected |
acknowledged or proved as required for certificates of incorporation under this act, modifying, changing, or altering its original certificate of incorporation, in whole or in part, which amended certificate shall take the place of the original certificate of incorporation, and shall be deemed to have been filed on the date of filing of the original certificate; provided, however, that nothing herein shall permit the insertion of any matter not in conformity with this act; and provided, however, that this act shall not in any manner affect any proceedings pending in any court, and for filing said amended certificate of incorporation, the secretary of state shall charge such fee as shall be allowed by law. All corporations organized and existing under the laws of this state, whether under this or prior acts, desiring to divide the capital stock of the corporation into shares of smaller denominations than originally issued, thereby increasing the number of shares without changing the amount of capital stock, may do so by a majority vote of the trustees of the corporation at any regular or called meeting of the trustees, without amending their articles or certificate of incorporation, and may issue the stock of such corporation in accordance therewith after having filed a certificate setting forth the amount or denomination into which they propose to divide such shares, verified by the affidavit of a majority of such trustees, in the office of the clerk of the county where such corporation has its principal place of business and a certified copy thereof in the office of the secretary of state. Sec. 7. Any corporation having capital stock may, from time to time, when and as desired, amend its certificate or articles of incorporation in any respect, provided such certificate or articles of incorporation, when so amended, shall contain only such provisions as it would be lawful and proper to insert in an original certificate of incorporation, or articles of incorporation, made at the time of making such amendment. A corporation may by amendment change the number of its shares of stock outstanding at the time of such amendment, or the number of shares so outstanding in any class of its stock, change the par value of the outstanding shares of any class having par value, or change the outstanding shares of a class having par value, into the same or a different number of shares without par value, upon such basis as may be set forth in the certificate of amendment; but the capital of a corporation shall not be decreased, except in the manner provided in section 25 hereof. Every such amendment shall be made and effected in the manner following, to wit: The board of directors of the corporation shall adopt a resolution setting forth the amendment proposed, declaring its advisability and calling a meeting of the stockholders entitled to vote for the consideration thereof. At such meeting, of which notice shall be given in the manner provided in section 27 hereof, a vote of the stockholders entitled to vote in person or by proxy, shall be taken for and against the proposed amendment. |
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meeting, of which notice shall be given in the manner provided in section 27 hereof, a vote of the stockholders entitled to vote in person or by proxy, shall be taken for and against the proposed amendment. If it shall appear upon the canvassing of the votes that stockholders holding stock in the corporation, entitling them to exercise at least a majority of the voting power (or such larger proportion of the stockholders as may be required in the case of a vote by classes, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, under its corporate seal, and the hands of its president, or vice-president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, and the president, or vice-president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgments of deeds; and such certificate, so executed and acknowledged, shall be filed in the office of the secretary of state, and a copy of such certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein said corporation maintains its principal office. And, upon so filing the same, the certificate or articles of incorporation of such corporation shall be deemed to be amended accordingly; provided, however, if any such proposed amendment would decrease the amount payable as a preference given to any one or more classes of stock authorized by the certificate or articles of incorporation, or any amendment thereof, then, unless otherwise provided in the certificate or articles of incorporation, the holders of the stock of each class of stock so affected by the amendment shall be entitled to vote as a class upon such amendment, whether, by the terms of the certificate or articles of incorporation, such class shall be entitled to vote or not; and the affirmative vote of holders of the majority of the shares of each such class of stock so affected by the amendment must be included in the affirmative vote of the stockholders herein otherwise required; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section. Sec. 8. Every corporation, by virtue of its existence as such, shall have power: 1. To have succession by its corporate name for the period limited in its certificate or articles of incorporation, and when no period is limited, perpetually, or until dissolved and its affairs wound up according to law. |
How amendment effected
Powers of corporation |
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Further powers of corporation |
2. To sue and be sued in any court of law or equity. 3. To make contracts and to adopt and use a common seal, and alter the same at pleasure. 4. To hold, purchase and convey real and personal estate and to mortgage or lease any such real and personal estate with its franchises; the power to hold real and personal estate, except in the case of religious corporations, shall include the power to take the same by devise or bequest in this state, or in any other state, territory or country. 5. To appoint such officers and agents as the affairs of the corporation shall require, and to allow them suitable compensation. 6. To make by-laws not inconsistent with the constitution or laws of the United States, or of this state, for the management, regulation and government of its affairs and property, the transfer of its stock, the transaction of its business, and the calling and holding of meetings of its stockholders. 7. To wind up and dissolve itself, or be wound up or dissolved, in the manner hereinafter mentioned. Sec. 9. Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers: 1. To borrow money and contract debts, when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge, or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful objects; to issue, sell and dispose of certificates of investment, or participation certificates, upon such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as hereinafter prescribed in section 10 of this act. 2. To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of, or any bonds, securities or evidences of indebtedness created by any other corporation or corporations of this state, or any other state or government, and, while owner of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon. 3. To purchase, hold, sell and transfer shares of its own capital stock; provided, that no such corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation; and provided further, that shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of any stockholders quorum or vote. |
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of the capital of the corporation; and provided further, that shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of any stockholders quorum or vote. 4. To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries. 5. To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided, however, that no corporation created under the provisions of this act shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation as money, and nothing in this act shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States. Sec. 10. The board of directors or trustees of any corporation which is organized under this act, and which may desire to issue certificates of investment, or participation certificates, in lieu of or in addition to stocks, bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, shall adopt a resolution setting forth the purpose of the issuance of such certificates of investment, or participation certificates, the amount of such certificates to be issued, the terms upon, and the conditions under which such certificates shall be issued, and calling a meeting of the stockholders entitled to vote for the consideration thereof. At such meeting, of which notice shall be given in the manner provided in section 27 hereof, a vote of the stockholders entitled to vote, in person or by proxy, shall be taken for and against the issuance of such certificates. If it shall appear upon the canvassing of the votes that stockholders holding stock in the corporation, entitling them to exercise at least a majority of the voting power (or such larger proportion of stockholders as may be required in the case of a vote by classes, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or any amendment thereof) have voted in favor of the issuance of such certificates, |
Further powers of corporation
Board of directors to call meeting of stockholders before issuing certain certificates |
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Proviso
Stock may be issued
May issue stock for labor, etc.
Value of stock issued
Board of directors may provide for payment of stock |
thereof) have voted in favor of the issuance of such certificates, thereupon, such certificates may be issued; provided, however, that, if the issuance of any such certificates would decrease the amount payable as a preference or modify, alter or change the preference given to any one or more classes of stock authorized by the certificate or articles of incorporation, or any amendment thereof, then, unless otherwise provided in the certificate or articles of incorporation, the holders of the stock of each class of stock so affected by the issuance of such certificates shall be entitled to vote as a class upon the issuance of such certificates, whether by the terms of the certificate or articles of incorporation such class shall be entitled to vote or not; and the affirmative vote of holders of the majority of the shares of each such class of stock so affected by the issuance of such certificates must be included in the affirmative vote of stockholders herein required; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring a larger vote of stockholders upon the issuance of such certificates than that required by the foregoing provisions of this section. Sec. 11. Every corporation shall have power to issue the shares of stock described in its certificate or articles of incorporation or any amendment thereof, and, if desired, such shares may be divided into classes having such distinguishing characteristics, including designations, preferences, voting powers or restrictions or qualifications of voting powers, and subjections to rights of redemption reserved to the corporation, as may be stated in such certificate or articles of incorporation, or amendments thereof. Sec. 12. Any corporation existing under any law of this state may issue stock for labor, services, or personal property, or real estate, or leases thereof; the judgment of the directors as to the value of such labor, services, property, real estate, or leases thereof, shall be conclusive as to all except the then existing stockholders and creditors, and as to the then existing stockholders and creditors it shall be conclusive in the absence of actual fraud in the transaction. Any and all shares issued for the consideration prescribed or fixed, in accordance with the provisions of this section, shall be fully paid. Sec. 13. Corporations may issue and dispose of their authorized shares without nominal or par value, for such considerations as may be prescribed in the certificate or articles of incorporation, or in any amendment thereof, or, if no consideration is so prescribed, then for such consideration as may be fixed by the board of directors. Sec. 14. Subscriptions to the shares of a corporation shall be paid at such times and in such instalments as may be provided in the contract of subscription, or, in the absence of such provision in such contract, as the board of directors may, by resolution, require. |
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directors may, by resolution, require. If default shall be made in the payment of any instalment, and shall continue for thirty days, the corporation may sell at public auction a sufficient number of shares to pay the same, with incidental charges. If a receiver of a corporation has been appointed, all unpaid subscriptions shall be paid at such times and in such instalments as such receiver, or the court, may direct, subject, however, to the provisions of the subscription contract. Sec. 15. No stockholder in any corporation formed under the laws of this state shall be individually liable for the debts or liabilities of such corporation, unless otherwise provided in the articles of incorporation or certificate of incorporation. Where a written contract of subscription for stock has been made between the corporation and the subscriber for shares of stock, but only in that event, a holder of shares of stock not fully paid shall be personally liable to the corporation in an amount not in excess of the amount unpaid on shares held by him, at the subscription price. Sec. 16. No person holding shares in any corporation as collateral security shall be personally liable as a stockholder. No executor, administrator, guardian or trustee, unless he, without authorization, shall have voluntarily invested the trust funds in such shares, shall be personally liable as a stockholder, but the estate and funds in the hands of such executor, administrator, guardian or trustee shall be liable. Sec. 17. No action shall be brought by the corporation against any stockholder for any unpaid subscription unless within two years after the debt becomes due, and no action shall be brought against the stockholder after he shall cease to be the owner of the shares, unless brought within two years from the time he shall have ceased to be a stockholder. Sec. 18. Every stockholder shall be entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares owned by him in such corporation. The shares of stock in every corporation shall be personal property and shall be transferable on the books of the corporation, in such manner and under such regulations as may be provided in the by-laws. The delivery of a certificate of stock in a corporation to a bona-fide purchaser or pledgee, for value, together with a written transfer of the same, or a written power of attorney to sell, assign and transfer the same, signed by the owner of the certificate, shall be a sufficient delivery to transfer the title against all parties except the corporation. No transfer of stock shall be valid against the corporation until it shall have been registered upon the books of the corporation. Sec. 19. Every corporation may issue a new certificate of stock in the place of any certificate theretofore issued by it, or by any corporation of which it is the lawful successor alleged to have been lost or destroyed, and the directors authorizing such issue of a new certificate may, in their discretion, require the owner of the lost or destroyed certificate, or his legal representatives, to give the corporation a bond, in such sum as they may direct, as indemnity against any claim that may be made against such corporation; a new certificate may be issued without requiring any bond, when, in the judgment of the directors, it is proper so to do. |
Stockholder not liable for debts of corporation; exception
Liability, when
When action for debt may be maintained
Stockholder entitled to certificate
Shares of stock personal property
New certificate may be issued, when |
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Stockholder may appeal to district court if new certificate refused
Proceedings in district court |
sor alleged to have been lost or destroyed, and the directors authorizing such issue of a new certificate may, in their discretion, require the owner of the lost or destroyed certificate, or his legal representatives, to give the corporation a bond, in such sum as they may direct, as indemnity against any claim that may be made against such corporation; a new certificate may be issued without requiring any bond, when, in the judgment of the directors, it is proper so to do. Sec. 20. Whenever any corporation shall have refused to issue a new certificate of stock in place of one theretofore issued by it, or by any corporation of which it is the lawful successor, alleged to have been lost or destroyed, the owner of the lost or destroyed certificate, or his legal representatives, may apply to the district court of the county in which the principal office of the corporation is located for an order requiring the corporation to show cause why it should not be required to issue a new certificate of stock in place of the one so lost or destroyed; such application shall be by petition, duly verified, in which shall be stated the name of the corporation, the number and date of the certificate, if known or ascertainable by the petitioner, the number of shares of stock named therein and to whom issued, and a statement of the circumstances attending such loss or destruction; thereupon said court shall make an order requiring the corporation to show cause, at a time and place therein mentioned, why it should not be required to issue a new certificate of stock in place of the one described in the petition; a copy of the petition and order shall be served upon the president or other head officer of the corporation, or on the secretary or treasurer thereof, or on the resident agent thereof, personally, at least ten days before the time designated in the order. Sec. 21. At the time and place specified in the order, and on proof of due service thereof, the court shall proceed in a summary manner and in such mode as it may deem advisable to hear the proof and allegations offered in behalf of the petitioner, or the corporation, or other interested party, relative to the subject-matter of inquiry, and if upon such inquiry the court shall be satisfied that the petitioner is the lawful owner of the number of shares of the capital stock, or any part thereof, described in the petition, and that the certificate therefor has been lost or destroyed and cannot, after due diligence, be found, and that no sufficient cause has been shown why a new certificate should not be issued in place thereof, it shall make an order requiring the corporation or other party, within such time as shall be therein designated, to issue and deliver to the petitioner a new certificate for the number of shares of the capital stock of the corporation, which shall be specified in the order as owned by the petitioner, in lieu of the certificate which shall have been lost or destroyed; |
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have been lost or destroyed; in making the order the court shall direct that the petitioner deposit such security, or file such bond in such form and with such security as to the court shall appear sufficient to indemnify any person other than the petitioner who shall thereafter appear to be the lawful owner of such certificate stated to be lost or stolen; and the court may also direct publication of such notice, either preceding or succeeding the making of such final order, as it shall deem proper; any person who shall thereafter claim any rights under the certificate so lost or destroyed, shall have recourse to said indemnity, and the corporation shall be discharged from all liability to such person by reason of compliance with the order; and obedience to said order may be enforced by the court by attachment against the officers of the corporation, on proof of their refusal to comply with the same. Sec. 22. A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not exceeding five years upon the terms and conditions therein stated. Every other holder of stock of the class or classes to which such agreement in writing relates may transfer his stock to the same trustee or trustees and thereupon shall be a party to such agreement. The certificates of stock so transferred shall be surrendered and canceled and new certificates therefor issued to such trustee or trustees in which it shall appear that they are issued pursuant to such agreement and in the entry of such ownership in the proper books of such corporation that fact shall also be noted, and thereupon such trustee or trustees may vote upon the stock so transferred during the terms of such agreement. A duplicate of every such agreement shall be filed in the principal office of the corporation and at all times during such terms be open to inspection by any stockholder or his attorney. Sec. 23. Unless otherwise provided in the certificate of incorporation, or an amendment thereof, every stockholder of a corporation shall, upon the sale for cash of any new stock of such corporation of the same class as that which he already holds, have the right to purchase his pro rata share of such stock at the price at which it is offered to others, which price, in the case of stock having par value, may be in excess of par if the board of directors shall so determine. Sec. 24. Except as in this act otherwise provided with respect to consolidated corporations, the capital of every corporation incorporated or reincorporated under this act shall be at least equal to the sum of the aggregate par value of all outstanding shares of stock having par value and the aggregate amount of consideration received by the corporation for the issuance of outstanding shares without par value and shall also include such additional amounts, if any, as from time to time by resolution of the board of directors may be transferred to capital. |
Stock may be transferred for voting purposes
Rights of stockholder to purchase new stock
Capital defined |
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Capital may be reduced
Authorized shares not to be reduced
Dividends |
and shall also include such additional amounts, if any, as from time to time by resolution of the board of directors may be transferred to capital. Sec. 25. Any corporation incorporated or reincorporated under this act may from time to time reduce its capital to any amount not less than $500 and distribute among its stockholders, by any one or more of the methods hereinafter mentioned, the excess of its assets over the amount to which the capital is reduced and the corporations other liabilities; such distribution may be effected by retiring any class of stock, or by drawing the necessary number of shares by lot for retirement, or by the surrender by every shareholder of his shares and the issue to him in lieu thereof of a decreased number of shares, or by the purchase of certain shares for retirement, or by retiring shares owned by the corporation or by reducing the par value of shares; provided, however, that no distribution shall be made to stockholders of one class in violation of the equal or prior rights of stockholders of another class, as determined by the certificate of incorporation, or articles of incorporation, or an amendment thereof; provided further, that no such distribution shall be made unless immediately thereafter the remaining capital of the corporation shall be at least equal to the sum of the aggregate par value of all shares of stock having par value remaining outstanding and the aggregate amount of consideration received by the corporation for the issuance of shares without par value remaining outstanding; and provided further, that no such distribution shall be effected until the proposed reduction and method of distribution shall have been acted upon by directors and stockholders in the manner provided for the amendment of a certificate or articles of incorporation, and a certificate of such action, authenticated by the president, or vice-president, and secretary, or assistant secretary, shall have been filed in the office of the secretary of state. No action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of stock which such corporation is authorized to have outstanding; and whenever shares of stock are retired under the provisions of this section other shares may be issued in lieu thereof; provided, that the maximum number of shares specified in the certificate or articles of incorporation, or an amendment thereof, shall not be exceeded; and provided, also, that the issuance of such further shares shall be subject in all respects to the provisions of sections 12 and 13 of this act. Sec. 26. Dividends may be paid to stockholders from a corporations net earnings or from the surplus of its assets over its liabilities, including capital, but not otherwise. When the directors shall so determine dividends may be paid in stock. |
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Sec. 27. Whenever under the provisions of this act stockholders are required or authorized to take any action at a meeting, the notice of the meeting shall be in writing and signed by the president or a vice-president, or the secretary, or an assistant secretary, or by such other person or persons as the by-laws may prescribe or permit, or the directors shall designate. Such notice shall state the purpose or purposes for which the meeting is called and the time when, and the place, which may be within or without this state, where it is to be held. A copy of such notice shall be served, either personally or by mail, upon each stockholder of record entitled to vote at such meeting not less than ten nor more than sixty days before such meeting. If mailed, it shall be directed to a stockholder at his address as it appears upon the records of the corporation. The certificate or articles of incorporation, or an amendment thereof, or the by-laws may require that such notice be also published in one or more newspapers. Notice duly served upon a stockholder in accordance with the provisions of this section and the provisions, if any, of the certificate or articles of incorporation, or an amendment thereof, or the by-laws, shall be deemed sufficient, and in the event of the transfer of his stock after such service and prior to the holding of the meeting it shall not be necessary to serve notice of the meeting upon the transferee. Any stockholder may waive notice of any meeting by a writing signed by him, or his duly authorized attorney, either before or after the meeting. Sec. 28. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereof, every stockholder of record of a corporation shall be entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the books of the corporation; provided, however, that unless contrary provisions shall be made in the certificate of incorporation or articles of incorporation, or an amendment thereof, the directors may prescribe a period not exceeding forty days prior to any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a day not more than forty days prior to the holding of any such meeting as the day as of which stockholders entitled to notice of and to vote at such meeting shall be determined; and only stockholders of record on such day shall be entitled to notice or to vote at such meeting. Sec. 29. At any meeting of the stockholders of any corporation, any stockholder may be represented and vote by a proxy or proxies appointed by an instrument in writing. In the event that any such instrument in writing shall designate two or more persons to act as proxies, a majority of such persons present at the meeting, or, if only one shall be present, then that one shall have and may exercise all of the powers conferred by such written instrument upon all of the persons so designated unless the instrument shall otherwise provide. |
Notices of meeting; how issued
Rights of stockholders at meeting
May vote by proxy |
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Provisions regarding election of directors
Management in hands of board of directors
Meetings may be held within or without state
Executive committee |
persons so designated unless the instrument shall otherwise provide. Sec. 30. The certificate or articles of incorporation of any corporation or any amendment thereof may provide that at all elections of directors of such corporation each holder of stock possessing voting power shall be entitled to as many votes as shall equal the number of his shares of stock multiplied by the number of directors to be elected, and that he may cast all of such votes for a single director or may distribute them among the number to be voted for or any two or more of them, as he may see fit. Sec. 31. The business of every corporation shall be managed by a board of not less than three directors, or trustees, all of whom shall be of full age and at least one of whom shall be a citizen of the United States and, subject only to such limitations as may be provided by this act, or the certificate or articles of incorporation of the corporation, or an amendment thereof, such board of directors or trustees shall have full control over the affairs of the corporation. Meetings of stockholders and directors of any corporation organized under the provisions of this act may be held within or without this state, in the manner provided by the by-laws of such corporation. The certificate, or articles of incorporation may designate any place or places where such stockholders or directors meetings may be held, but, in the absence of any provision therefor in the articles of incorporation, then such meetings shall be held within or without this state, as directed from time to time by the by-laws of such corporation. Unless the certificate or articles of incorporation, or an amendment thereof, shall provide for a lesser proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, shall be necessary to constitute a quorum for the transaction of business and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors or trustees. But the by-laws may provide that any action of a majority, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereof, it shall not be necessary for directors to be stockholders. Subject to the by-laws, if any, adopted by the stockholders, the directors may make the by-laws of the corporation. Sec. 32. Unless it shall be otherwise provided in the certificate or articles of incorporation, or amendment thereof, the board of directors may, by resolution, designate one or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the by-laws of the corporation, shall have and exercise the powers of the board of directors in the management of the business and affairs of the company. |
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who, to the extent provided in such resolution or in the by-laws of the corporation, shall have and exercise the powers of the board of directors in the management of the business and affairs of the company. Sec. 33. The directors of every corporation shall be chosen at the annual meeting of the stockholders thereof, to be held at the time and place provided for by the by-laws, by a plurality of the votes cast at such election. But if for any reason such directors shall not be elected at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose. At least one-fourth in number of the directors of every corporation shall be elected annually. Vacancies in the board of directors shall be filled by the directors remaining in office unless it shall be otherwise provided in the certificate or articles of incorporation, or an amendment thereof. An increase in the number of directors shall be deemed to create vacancies for the purposes of this section. Sec. 34. If the directors shall not be elected on the day designated for the purpose, the corporation shall not for that reason be dissolved; but every director shall continue to hold his office and discharge his duties until his successor has been elected. Sec. 35. If any corporation shall fail to elect directors within six months after the time designated for its annual meeting, the district court shall have jurisdiction in equity, upon application of any one or more of its stockholders holding stock entitling them to exercise at least a majority of the voting power, to appoint a board of directors for such corporation not exceeding in membership the number authorized by the corporations by-laws. Such appointments may be made from among the stockholders. The application shall be made by petition filed in the county where the principal office of such corporation is located and shall be brought on behalf of all stockholders desiring to be joined therein. Such notice shall be given to the corporation and the stockholders as the court may direct. Such appointees of the court shall have the same rights, powers and duties and the same tenure of office as directors duly elected by the stockholders at the annual meeting held at the time prescribed therefor, next prior to the date of the courts appointment, would have had. Sec. 36. Every corporation shall have a president, who shall be a director, a secretary and a treasurer. They shall be chosen by the board of directors and shall hold their offices until their successors are chosen and qualify. Every corporation may also have one or more vice-presidents, who need not be directors, assistant secretaries and assistant treasurers, and such other officers, agents and factors as may be deemed necessary. All officers, agents and factors shall be chosen in such manner, hold their offices for such terms and have such powers and duties as may be prescribed by the by-laws or determined by the board of directors. |
Directors chosen at annual meeting
Shall hold office until successor elected
Procedure in event of failure to elect directors
Officers of corporation |
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May sell, lease, or exchange property and assets
Property and franchises sold by court
Corporations may consolidate |
and have such powers and duties as may be prescribed by the by-laws or determined by the board of directors. Any person may hold two or more offices. Sec. 37. Every corporation may, by action taken at any meeting of its board of directors, sell, lease or exchange all of its property and assets, including its good will and its corporate franchises, upon such terms and conditions as its board of directors deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power given at a stockholders meeting called for that purpose in the manner provided in section 27 hereof, or when authorized by the written consent of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power; provided, however, that the certificate or articles of incorporation may require the vote or written consent of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders; and provided further, that unless the certificate or articles of incorporation, or an amendment thereof, shall provide otherwise, no vote or consent of stockholders shall be necessary for a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation. Sec. 38. Sales of the property and franchises of such corporations that may be sold under a decree of court shall be made after such notice of the time and place as the court may deem proper; and if such sales are made in the foreclosure of one or more mortgages, the court may order such sale to be made for the whole amount of indebtedness secured by such mortgage or motgages, or for the amount of interest due under said mortgage or mortgages, subject to the payment by the purchaser of the outstanding indebtedness and interest secured thereby as they become due; and in the latter event may, by proper orders, secure the assumption thereof by the purchaser; but when a sale shall be ordered to be made, subject as aforesaid, the court shall direct the officer making such sale, in the event that the property and franchises offered do not sell for enough to pay the amount aforesaid, to sell the same free from encumbrances. Sales under this section shall be made on such credits as the court may deem proper. Sec. 39. Any two or more corporations may consolidate into a single corporation; the directors, or a majority of them, of such corporations as desire to consolidate, may enter into an agreement signed by them and under the corporate seals of the respective corporations, prescribing the terms and conditions of consolidation, the mode of carrying the same into effect, and stating such other facts as are necessary to be set out in a certificate or article of incorporation, as provided by section 4 of this act, as well as the manner and basis of converting the shares of each of the old corporations into the shares of the new (whether into the same or a different number of shares of the new) with such other details and provisions as are deemed necessary or desirable. |
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necessary to be set out in a certificate or article of incorporation, as provided by section 4 of this act, as well as the manner and basis of converting the shares of each of the old corporations into the shares of the new (whether into the same or a different number of shares of the new) with such other details and provisions as are deemed necessary or desirable. In complying with the requirements of said section 4, the agreement may state as the amount of capital with which the consolidated corporation will begin business any amount not less than the aggregate par value of shares of stock having par value to be distributed in place of previously issued and outstanding shares of stock of constituent corporations; provided, however, that the amount so stated shall not be less than $500. The agreement may provide for the distribution of cash, notes or bonds, in whole or in part, in lieu of stock to stockholders of the constituent corporations or any of them; provided, however, that upon such distribution of cash, notes or bonds, the liabilities of the consolidated corporation, including those derived by it from the constituent corporations and including the amount of capital stock in the consolidation agreement as the amount with which the consolidated corporation will begin business, shall not exceed the value of the assets of such consolidated corporation. Said agreement shall be submitted to the stockholders of each corporation at a meeting thereof, called separately for the purpose of taking the same into consideration; of the time, place and object of which meeting notice shall be given in the manner required by section 27 of this act to each stockholder whether entitled to vote or not, and at said meeting said agreement shall be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the same; and if the votes of stockholders of each corporation holding stock in such corporation entitling them to exercise at least a majority of the voting power shall be for the adoption of the said agreement, then that fact shall be certified on said agreement by the secretary or assistant secretary of each corporation, under the seal thereof; and the agreement so adopted and certified shall be signed by the president, or vice-president, and secretary, or assistant secretary, of each of said corporations under the corporate seals thereof, and acknowledged by the president or vice-president of each of such corporations, before any officer authorized by the laws of this state to take acknowledgements of deeds, to be the respective act, deed and agreement of each of said corporations, and the agreement so certified and acknowledged shall be filed in the office of the secretary of state, and shall thence be taken and deemed to be the agreement and act of consolidation of the said corporation; and a certified copy thereof shall be evidence of the existence of the corporation created by the said agreement, and of the observance and performance of all antecedent acts and conditions necessary to the creation thereof. |
Proviso
Agreement submitted to stockholders |
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Consolidating corporations become single corporation, when
Rights of dissenting stockholder as regards consolidation |
by the said agreement, and of the observance and performance of all antecedent acts and conditions necessary to the creation thereof. Sec. 40. When the agreement is signed, acknowledged and filed, as in the preceding section is required, the separate existence of the constituent corporations shall cease, and the consolidating corporations shall become a single corporation in accordance with the said agreement, possessing all the rights, privileges, powers and franchises, as well of a public as of a private nature, and being subject to all the restrictions, disabilities and duties of each of such corporations so consolidated, and all and singular, the rights, privileges, powers and franchises of each of said corporations, and all property, real, personal and mixed, and all debts due on whatever account, and all other things in action or belonging to each of such corporations shall be vested in the consolidated corporation; and all property, rights, privileges, powers and franchises, and all and every other interest shall be thereafter as effectually the property of the consolidated corporation as they were of the several and respective former corporations, and the title to any real estate, whether by deed or otherwise, under the laws of this state, vested in either of such corporations, shall not revert or be in any way impaired by reason hereof; provided, that all rights of creditors and all liens upon the property of either of said former corporations shall be preserved unimpaired, limited in lien to the property affected by such liens at the time of the consolidation, and all debts, liabilities and duties of the respective former corporations shall thenceforth attach to said consolidated corporation, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or controlled by it. Sec. 41. If any stockholder entitled to vote in either corporation consolidating as aforesaid shall vote against the same and shall, at or prior to the taking of the vote, object thereto in writing, or if any stockholder in either corporation consolidating as aforesaid, not entitled to vote thereon, shall at or prior to the taking of the vote, object thereto in writing, and if, in either case, such stockholder shall, within twenty days after the taking of such vote, demand in writing from the consolidated corporation payment of his stock, such consolidated corporation shall within thirty days thereafter pay to him the fair cash value of the stock as of the day before such vote was taken; in case of disagreement as to such fair cash value, it shall be lawful for any such stockholder or stockholders within thirty days after he has made demand in writing as aforesaid, and upon reasonable notice to the consolidated corporation, to appeal by petition to the district court of the county in which the principal office of the consolidated corporation is, or is to be, established, to appoint three appraisers to appraise the value of his stock. |
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The award of the appraisers (or a majority of them), if not opposed within ten days after the same shall have been filed in court, shall be confirmed by the court, and when confirmed shall be final and conclusive; and if opposed said opposition shall be tried summarily and judgment rendered thereon by the court. The court shall assess against the consolidated corporation the costs of said proceedings, including a reasonable attorneys fee to the stockholder and a reasonable fee to the appraisers as it shall deem equitable, and any party shall have the right of appeal according to existing laws, provided said appeal be taken within ten days after the signing of the judgment. On the making of said demand in writing as aforesaid, any such stockholder or stockholders shall cease to be stockholders in said constituent company and shall have no rights with respect to such stock except the right to receive payment therefor as aforesaid, and upon payment of the agreed fair cash value of the stock or of the value of the stock under final judgment, said stockholder or stockholders shall transfer their stock to the consolidated corporation; and in the event the consolidated corporation shall fail to pay the amount of said judgment within ten days after the same shall become final, said judgment may be collected and enforced in the manner prescribed by law for the enforcement of judgments. Each stockholder in either of the constituent corporations at the time the consolidation becomes effective, entitled to vote, who does not vote against the consolation and object thereto in writing as aforesaid, and each stockholder in each of the constituent corporations at the time the consolidation becomes effective, not entitled to vote, who does not object thereto in writing as aforesaid, shall cease to be a stockholder in such constituent corporation and shall be deemed to have assented to the consolidation, and, together with the stockholders voting in favor of the consolidation, entitled to receive certificates of stock in the consolidated corporation or cash or notes or bonds, in the manner and on the terms specified in the agreement of consolidation. Sec. 42. Any action or proceeding pending by or against either of the corporations consolidated may be prosecuted to judgment, as if such consolidation has not taken place, or the new corporation may be substituted in its place. Sec. 43. The liability of corporations, or the stockholders or officers thereof, or the rights or remedies of the creditors thereof, or of persons doing or transacting business with such corporation, shall not in any way be lessened or impaired by the consolidation of two or more corporations under the provisions hereof. Sec. 44. Notwithstanding the provisions of section 24 of this act, the capital of a consolidated corporation shall be deemed to be the amount stated in the consolidation agreement as the amount of capital with which the consolidated corporation will begin business until such time as the corporation shall issue shares of stock in addition to those distributed to the stockholders of its constituent corporations upon the consolidation, or shall, by action of its board of directors, transfer additional amounts to capital. |
Court shall assess costs to corporation
Action may be prosecuted to judgment
Liability not affected
Capital of consolidated corporation |
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Transfer of property illegal, when
Insolvent corporation |
corporation will begin business until such time as the corporation shall issue shares of stock in addition to those distributed to the stockholders of its constituent corporations upon the consolidation, or shall, by action of its board of directors, transfer additional amounts to capital. Upon the issue of any such additional shares or the transfer of any such additional amounts, the provisions of section 24 shall be operative with respect to the par value of such additional shares or the consideration received therefor, as the case may be, and with respect to the amount so transferred, and the capital of the consolidated corporation shall be deemed to be increased accordingly. Sec. 45. No corporation which shall have refused to pay any of its notes or other obligations, when due, in lawful money of the United States, nor any of its officers or directors, shall tranfer any of its property to any of its officers, directors or stockholders, directly or indirectly, for the payment of any debt, or upon any other consideration than the full value of the property paid in cash. No conveyance, assignment or transfer of any property of any such corporation by it or by any officer, director or stockholder thereof, nor any payment made, judgment suffered, lien created or security given by it or by any officer, director or stockholder when the corporation is insolvent or its insolvency is imminent, with the intent of giving a preference to any particular creditor over other creditors of the corporation, shall be valid. Every person receiving by means of any such prohibited act or deed any property of a corporation shall be bound to account therefor to its creditors or stockholders. No holder of stock of any corporation not fully paid shall make any transfer thereof to any person in contemplation of the corporations insolvency. Every transfer or assignment or other act done in violation of the foregoing provision of this section shall be void. No such conveyance, assignment or transfer shall be void in the hands of a purchaser for a valuable consideration without notice. Every director or officer of a corporation who shall violate or be concerned in violating any provision of this section shall be personally liable to the creditors and stockholders of the corporation of which he shall be director or an officer to the full extent of any loss they may respectively sustain by such violation. Sec. 46. Whenever any corporation shall become insolvent or shall suspend its ordinary business for want of funds to carry on the same, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or stockholders, any creditors holding ten per cent of the outstanding indebtedness, or stockholders owning ten per cent of the outstanding capital stock entitled to vote, may by petition or bill of complaint setting forth the facts and circumstances of the case, apply to the district court of the county in which the principal office of the corporation is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees, |
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the corporation is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees, and said court being satisfied by affidavit or otherwise of the sufficiency of said application, and of the truth of the allegations contained in the petition or bill, and upon hearing after such notice as said court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties, and if upon such inquiry it shall appear to said court that the corporation has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or stockholders, so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the corporation and its officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, moneys, funds, lands, tenements or effects, except to a receiver appointed by said court, until said court shall otherwise order. Sec. 47. Said district court, at the time of ordering said injunction, or at any time afterwards, may appoint a receiver or receivers or a trustee or trustees for the creditors and stockholders of the corporation with full power and authority to demand, sue for, collect, receive and take into their possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, papers, choses in action, bills, notes and property, of every description of the corporation, and to institute suits at law or in equity for the recovery of any estate, property, damages or demands existing in favor of the corporation, and in his or their discretion to compound and settle with any debtor or creditor of the corporation, or with persons having possession of its property or in any way responsible at law or in equity to the corporation at the time of its insolvency or suspension of business, or afterwards, upon such terms and in such manner as he or they shall deem just and beneficial to the corporation, and in case of mutual dealings between the corporation and any person to allow just set-offs in favor of such person in all cases in which the same ought to be allowed according to law and equity; a debtor who shall have in good faith paid his debt to the corporation without notice of its insolvency or suspension of business, shall not be liable therefor, and the receiver or receivers or trustees shall have power to sell, convey and assign all the said estate, rights and interests, and shall hold and dispose of the proceeds thereof under the directions of said district court; the word receiver as used in this act shall be construed to include receivers and trustees appointed as provided in this act. |
Court to hear petition for writ of injunction
District court to appoint receivers |
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Assets of corporation to vest in receiver
When corporation may resume control
Stockholders may reorganize corporation
Powers of district court |
Sec. 48. All the real and personal property of an insolvent corporation, wheresoever situated, and all its franchises, rights, privileges and effects shall, upon the appointment of a receiver, forthwith vest in him, and the corporation shall be divested of the title thereto. Sec. 49. Whenever a receiver shall have been appointed as aforesaid and it shall afterwards appear that the debts of the corporation have been paid or provided for, and that there remains or can be obtained by further contributions sufficient capital to enable it to resume its business, said district court may, in its discretion, a proper case being shown, direct the receiver to reconvey to the corporation all its property, franchises, rights and effects, and thereafter the corporation may resume control of and enjoy the same as fully if the receiver had never been appointed; and in every case in which said district court shall not direct such reconveyance, said court may, in its discretion, make a decree dissolving the corporation and declaring its charter forfeited and void. Sec. 50. Whenever stockholders holding stock entitling them to exercise at least a majority of the voting power of such corporation shall have agreed upon a plan for the reorganization of the corporation and a resumption by it of the management and control of its property and business, such corporation may, with the consent of said district court, upon the reconveyance to it of its property and franchises, mortgage the same for such amount as may be necessary for the purposes of such reorganization; and may issue bonds or other evidences of indebtedness, or additional stock of one or more classes, with or without nominal or par value, or both, or both bonds and stock, or certificates of investment or participation certificates, and use the same for the full or partial payment of the creditors who will accept the same, or otherwise dispose of the same for the purposes of the reorganization. Sec. 51. Such court shall have power to send for persons and papers and to examine any persons, including the creditors and claimants, and the president, directors and other officers and agents of the corporation, on oath or affirmation, respecting its affairs and transactions and its estate, money, goods, chattels, credits, notes, bills and choses in action, real and personal estate and effects of every kind, and also respecting its debts, obligations, contracts and liabilities, and the claims against it; and if any person shall refuse to be sworn or affirmed, or to make answers to such questions as shall be put to him, or refuse to declare the whole truth touching the subject-matter of the said examination, said district court may commit such person to a place of confinement, there to remain until he shall submit himself to be examined, and pay all the costs of the proceedings against him. |
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Sec. 52. Such receiver, upon order of the court, with the assistance of a peace officer, may break open, in the daytime, the houses, shops, warehouses, doors, trunks, chests, or other places of the corporation where any of its goods, chattels, choses in action, notes, bills, moneys, books, papers or other writings or effects have been usually kept, or shall be, and take possession of the same and of the lands and tenements belonging to the corporation. Sec. 53. Such receiver, as soon as convenient, shall lay before said district court a full and complete inventory of all the estate, property and effects of the corporation, its nature and probable value, and an account of all debts due from and to it, as nearly as the same can be ascertained, and make a report to said court of his proceedings at least every three months thereafter during the continuance of the trust, and whenever he shall be so ordered. Sec. 54. Said district court may limit the time within which creditors shall present and make proof to such receiver of their respective claims against the corporation, and may bar all creditors and claimants failing so to do within the time limited from participating in the distribution of the assets of the corporation; said court may also prescribe what notice, by publication or otherwise, shall be given to creditors of such limitation of time. Sec. 55. Every claim against any corporation for which a receiver has been appointed shall be presented to the receiver in writing and upon oath, and the claimant, if required, shall submit himself to such examination in relation to the claim as the court shall direct, and shall produce such books and papers relating to the claim as shall be required; and the court shall have power to authorize the receiver to examine, under oath or affirmation, all witnesses produced before him touching the claim or any part thereof. Sec. 56. Any creditor or claimant who shall, upon order of the court, lay his claim before such receiver may demand that a jury shall decide thereon, and in like manner the receiver may demand that the same shall be referred to a jury; and in either case such demand shall be entered on the minutes of the court, and thereupon an issue shall be made up between the parties, under the direction of said district court, which may order a jury impaneled as in other cases, to try the same. Sec. 57. The verdict of the jury shall be subject to the control of said court, as in suits originally instituted therein, and when rendered, if not set aside by said court, shall be certified by the clerk of said court to the receiver; the creditor shall be considered, in all aspects, as having proved his debt or claim for the amount so ascertained to be due, and in all cases in which no trial by jury shall be ordered said court shall have jurisdiction to pass upon the claims presented and to determine the rights of the claimants, and to make such order or decree touching the same as shall be equitable and just. |
Receiver may take possession of all property
Inventory to be filed with court
Time limit for filing proof of claim
Claims must be presented in writing and upon oath
Claimant may demand hearing by jury
Verdict subject to control of court |
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Receiver may be substituted as party plaintiff Action not to abate by reason of death of receiver Court may order property sold, when
Reasonable compensation for receiver
Distribution of funds
Acts of receivers effectual |
to make such order or decree touching the same as shall be equitable and just. Sec. 58. Such receiver shall, upon application by him, be substituted as party plaintiff or complainant in the place and stead of the corporation in any suit or proceeding at law or in equity which was pending at the time of his appointment. Sec. 59. No action against a receiver of a corporation shall abate by reason of his death, but, upon suggestion of the facts on the record, shall be continued against his successor, or against the corporation in case no new receiver be appointed. Sec. 60. Where property of an insolvent corporation is at the time of the appointment of a receiver incumbered with mortgages or other liens, the legality of which is brought in question, or the property is of a character which will materially deteriorate in value pending the litigation, said district court may order the receiver to sell the same, clear of incumbrances, at public or private sale, for the best price that can be obtained, and pay the money into said court, there to remain subject to the same liens and equities of all parties in interest as was the property before sale, to be disposed of as said court shall direct. Sec. 61. Before distribution of the assets of an insolvent corporation among the creditors or stockholders, said district court shall allow a reasonable compensation to the receiver for his services and the costs and expenses of the administration of his trust, and the cost of the proceedings in said court, to be first paid out of said assets. Sec. 62. After payment of all allowances, expenses and costs, and the satisfaction of all special and general liens upon the funds of the corporation to the extent of their lawful priority, the creditors shall be paid proportionately to the amount of their respective debts, excepting mortgage and judgment creditors when the judgment has not been by confession for the purpose of preferring creditors; and the creditors shall be entitled to distribution on debts not due, making in such case a rebate of interest, when interest is not accruing on the same; and the surplus funds, if any, after payment of the creditors and the costs, expenses and allowances as aforesaid, shall be distributed among the stockholders or their legal representatives in proportion to their interests. Sec. 63. Every matter and thing by this act required to be done by receivers or trustees shall be good and effectual, to all intents and purposes, if performed by a majority of them; and said district court may remove any receiver or trustee and appoint another or others in his place to fill any vacancy which may occur. Sec. 64. If it should be deemed desirable, in the judgment of the board of directors, and most for the benefit of any corporation organized under this chapter, that it should be dissolved, the board may adopt a resolution to that effect and call a meeting of the stockholders having voting power to take action upon the resolution so adopted. |
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any corporation organized under this chapter, that it should be dissolved, the board may adopt a resolution to that effect and call a meeting of the stockholders having voting power to take action upon the resolution so adopted. Such meeting of the stockholders shall be held upon due notice and if at such meeting or any adjournment thereof the holders of stock entitled to exercise two-thirds of all the voting power shall by resolution consent that the dissolution shall take place, a copy of such resolution, together with a list of the names and residences of the directors and officers, certified by the president, or a vice-president, and the secretary, or an assistant secretary, and the treasurer, or an assistant treasurer, shall be filed in the office of the secretary of state, who, upon being satisfied that the requirements aforesaid have been complied with, shall issue a certificate that such corporation is dissolved. Whenever the stockholders having nine-tenths of the voting power shall consent in writing to a dissolution, no meeting of stockholders shall be necessary, but on filing such consent in the office of the secretary of state, he shall, as above provided, issue a certificate of dissolution. Sec. 65. All corporations, whether they expire by their own limitation, or are otherwise dissolved, shall nevertheless for the term of three years from such expiration or dissolution be continued as bodies corporate for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property, and to divide their capital stock, but not for the purpose of continuing the business for which said corporation shall have been established. Sec. 66. Upon the dissolution of any corporation under the provisions of section 64 of this act, or upon the expiration of the period of its corporate existence, limited by its certificate or articles of incorporation, the directors shall be trustees thereof, with full power to settle the affairs, collect the outstanding debts, sell, and convey the property, real and personal, and divide the moneys and other property among the stockholders, after paying or adequately providing for the payment of its liabilities and obligations; or, after paying or adequately providing for the liabilities and obligations of the corporation, such trustees, with the written consent of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power, may sell the remaining assets or any part thereof to a corporation organized under the laws of this or any other state, and take in payment therefor the stock or bonds, or both, of such corporation and distribute them among the stockholders, in proportion to their interest therein, but no such sale shall be valid as against any stockholder, who, within thirty days after the mailing of notice to him of such sale, shall apply to the district court for an appraisal of the value of his interest in the assets so sold, and unless within thirty days after such appraisal shall have been confirmed by the court, the stockholders consenting to such sale, or some of them, shall pay to such objecting stockholder or deposit for his account, in the manner directed by the court, the amount of such appraisal; upon such payment or deposit the interest of such objecting stockholder shall vest in the person or persons making such payment or deposit. |
Procedure for dissolution
Remain bodies corporate for three years
Directors to settle affairs of dissolved corporation |
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Trustees may sue or be sued
Powers of district court under dissolution
Jurisdiction of court
Distribution of funds of dissolved corporation |
to him of such sale, shall apply to the district court for an appraisal of the value of his interest in the assets so sold, and unless within thirty days after such appraisal shall have been confirmed by the court, the stockholders consenting to such sale, or some of them, shall pay to such objecting stockholder or deposit for his account, in the manner directed by the court, the amount of such appraisal; upon such payment or deposit the interest of such objecting stockholder shall vest in the person or persons making such payment or deposit. Sec. 67. The persons constituted trustees as aforesaid shall have authority to sue for and recover the aforesaid debts and property, by the name of the trustees of such corporation, describing it by its corporate name, and shall be suable by the same name for the debts owing by such corporation at the time of its dissolution, and shall be jointly and severally responsible for such debts, to the amounts of the moneys and property of such corporation which shall come into their hands or possession. Sec. 68. When any corporation organized under this chapter shall be dissolved or cease to exist in any manner whatever, the district court, on application of any creditor or stockholder of such corporation, at any time, may either continue such directors, trustees as aforesaid, or appoint one or more persons to be receivers of and for such corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the company, with power to prosecute and defend, in the name of the corporation, or otherwise, all such suits as may be necessary or proper for the purposes aforesaid, and to appoint an agent or agents under them, and to do all other acts which might be done by such corporation, if in being, that may be necessary for the final settlement of the unfinished business of the corporation; and the powers of said trustees or receivers may be continued as long as the district court shall think necessary for the purposes aforesaid. Sec. 69. The district court shall have jurisdiction of said application and of all questions arising in the proceedings thereon, and may make such orders and decrees and issue injunctions therein as justice and equity shall require. Sec. 70. The said trustees or receivers, after payment of all allowances, expenses and costs, and the satisfaction of all special and general liens upon the funds of the corporation to the extent of their lawful priority, shall pay the other debts due from the corporation, if the funds in their hands shall be sufficient therefor, and if not, they shall distribute the same ratably among all the creditors who shall prove their debts in the manner that shall be directed by an order or decree of the court for that purpose; and if there shall be any balance remaining after the payment of such debts and necessary expenses (or the making of adequate provision therefor), they shall distribute and pay the same to and among those who shall be justly entitled thereto, as having been stockholders of the corporation, or their legal representatives. |
κ1925 Statutes of Nevada, Page 313 (CHAPTER 177, AB 107)κ
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adequate provision therefor), they shall distribute and pay the same to and among those who shall be justly entitled thereto, as having been stockholders of the corporation, or their legal representatives. Sec. 71. If any corporation organized under this chapter becomes dissolved by the expiration of its charter or otherwise, before final judgment obtained in any action pending or commenced in any court of record of this state, against any such corporation, the said action shall not abate by reason thereof, but the dissolution of said corporation being suggested upon the record, and the names of the trustees or receivers of said corporation being entered upon the record, and notice thereof served upon said trustees or receivers, or if such service be impracticable upon the counsel of record in such case, the said action shall proceed to final judgment against the said trustees or receivers by the name of the corporation. Sec. 72. Whenever any corporation is dissolved or its charter forfeited by decree or judgment of the district court, the said decree or judgment shall be forthwith filed by the clerk of the court in the office of the secretary of state. Sec. 73. Before the payment of any part of the capital and before beginning the business for which the corporation was created, the incorporators named in any certificate of incorporation may dissolve the corporation by filing in the office of the secretary of state a certificate, verified by the oath or affirmation of a majority of the incorporators named in the certificate or articles of incorporation, that no part of the capital has been paid and such business has not been begun, and thereupon the said corporation shall be dissolved. Sec. 74. The trustees shall also have power at such times and in such amount, as they may from time to time deem the interest of the corporation to require, to levy and collect assessments upon the capital stock of the corporation, as herein provided, but not upon stock issued as paid up unless so specified and provided in the original certificate or articles of incorporation, which shall not be amended in this respect. Notice of each assessment shall be given to the stockholders personally, or by publication once a week for at least four weeks, in some newspaper published in the county in which the principal office or place of business of the company is located, and in a newspaper published in the county wherein the property of the company or corporation is situated if in this state, and if no paper be published in either of such counties, then the newspaper published nearest to the said principal place of business in the state. If after such notice has been given, any stockholder shall make default in the payment of the assessment upon the shares held by him, so many of such shares may be sold as will be necessary for the payment of the assessment upon all the shares held by him, her or them, together with all costs of advertising and expenses of sale. |
Expiration of charter shall not abate actions
Decree of court filed with secretary of state
Dissolution prior to beginning business
Assessments may be levied
Action on default in payment of assessment |
κ1925 Statutes of Nevada, Page 314 (CHAPTER 177, AB 107)κ
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Corporation may purchase delinquent stock
Directors liable for dividends, when |
all the shares held by him, her or them, together with all costs of advertising and expenses of sale. The sale of said shares shall be made at the office of the company at public auction to the highest bidder, after a notice thereof published for four weeks, as above in this section directed, and a copy of such notice mailed to each delinquent stockholder if his address is known four weeks before such sale, and at such sale the person who shall pay the assessment so due, together with the expenses of advertising and sale, for the smallest number of shares, or portion of a share, as the case may be, shall be deemed the highest bidder. Every corporation in this state shall also have the power, whenever at any assessment sale of the stock of said corporation no person will take the stock and pay the assessment, or amount unpaid and due thereon and costs, to purchase such stock and hold the same for the benefit of the corporation. All purchases of its own stock by any corporation in this state which have been previously made at assessment sales whereat outside parties have failed to bid, and which purchases were for the amount of assessments due, and costs or otherwise, shall be held valid, and as vesting the legal title to the same in said corporation. The stock so purchased shall be held subject to the control of the remaining stockholders, who may make such disposition of the same as they may deem fit. Whenever any portion of the capital stock of any corporation is held by the said corporation by purchase or otherwise, a majority of the remaining shares of stock in said corporation shall be held to be a majority of the shares of the stock in said incorporated company, for all purposes of election or voting on any question before a stockholders meeting. Sec. 75. The directors of a corporation shall not make dividends except as provided in section 26 hereof nor shall they divide, withdraw or in any way pay to the stockholders or any of them any part of the capital of the corporation or decrease its capital except as provided by this act; in case of any wilful or negligent violation of the provisions of this section, the directors under whose administration the same may have happened, except those who may have caused their dissent therefrom to be entered upon the minutes of the meeting of the directors at the time, or who not then being present, shall have caused their dissent therefrom to be entered on learning of such action, shall jointly and severally be liable at any time within three years after each such violation, to the corporation, and in the event of its dissolution or insolvency, to its creditors, or any of them, to the full amount of the dividend made or of any loss sustained by the corporation by reason of such withdrawal, divisions or decrease of capital. Sec. 76. If any certificate or report made or public notice given by the officers or directors of a corporation shall be false or fraudulent in any material representation, |
κ1925 Statutes of Nevada, Page 315 (CHAPTER 177, AB 107)κ
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false or fraudulent in any material representation, the officers and directors knowingly and intentionally signing the same shall jointly and severally be personally liable to any person who has become a creditor or stockholder of the corporation upon the faith of any such material representation therein to the amount of the debt contracted upon the faith thereof if not paid when due, or the damage sustained by any purchaser of or subscriber to its stock upon the faith thereof. The liability imposed by this section shall exist in all cases where the contents of any such certificate, report or notice of any material representation therein shall have been communicated either directly or indirectly to the person so becoming a creditor or stockholder and he became such creditor or stockholder upon the faith thereof. No action can be maintained for a cause of action created by this section unless brought within two years from the time the certificate, report or public notice shall have been made or given by the officers or directors of such corporation. Sec. 77. On filing any certificate of incorporation, or other paper relating to corporations, in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state for the use of the state: For certificates of incorporation, ten cents for each one thousand dollars of par value of stock authorized, or, in the case of shares without nominal or par value, ten cents for each one thousand shares authorized, but in no case less than twenty-five dollars; and whenever there shall be filed with the secretary of state a certificate amending a certificate of incorporation by increasing the authorized number of shares or the par value of shares, the secretary of state shall demand and receive for the use of the state ten cents on each one thousand dollars par value of such increase, or, in the case of shares without nominal or par value, ten cents for each additional one thousand shares so authorized, but in no case less than twenty-five dollars; and when two or more corporations shall consolidate, he shall demand and receive for the use of the state ten cents on each one thousand dollars of par value of stock having par value authorized beyond the total authorized par value of the stock of the corporations consolidated, and ten cents for each one thousand shares of stock without nominal or par value authorized beyond the total number of authorized shares without nominal or par value of the corporations consolidated, but in no case less than twenty-five dollars. In all cases where the par value of stock of a corporation, as authorized by its certificate of incorporation, or an amendment thereof, shall exceed one million dollars, the fees to be paid to the secretary of state for the use of the state shall be at the rate of five cents on each one thousand dollars of par value in excess of one million dollars; extension or renewal of corporate existence of any corporation, one-fourth of that required for the original certificate or articles of incorporation by this act; |
Signers of false report or public notice liable
Filing fees of secretary of state |
κ1925 Statutes of Nevada, Page 316 (CHAPTER 177, AB 107)κ
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Fees of secretary of state
Corporation shall have resident agent
Authority of resident agent |
original certificate or articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, the increase or decrease of par value of, or the number of shares, twenty dollars; for filing list of officers and directors, or trustees, and name of agent in charge of principal office, five dollars; notice of removal of principal place of business, other than by amendment, five dollars; for comparing any document to be certified, when copy thereof is furnished, if any corrections are required to be made therein before certifying thereto, twenty cents for each folio of one hundred words of said documents so compared; for certifying to articles of incorporation, where copy is furnished, five dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, five dollars; for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society, or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state. Sec. 78. Every corporation shall have a resident agent, who may be either an individual or a corporation, resident of or located in this state, in charge of its principal office. Every such resident agent shall, within ten days after acceptance of an appointment as such, file a certificate thereof in the office of the secretary of state, and a certified copy of such certificate in the office of the county clerk of the county in which the principal office of the corporation in this state shall be located. The resident agent may be any bank, or banking corporation, or other corporation located and doing business in this state, and any such bank and any such corporation, acting as such resident agent, shall have authority: 1. To act as the fiscal or transfer agent of any state, municipality, body politic, or corporation, and in such capacity, to receive and disburse money. 2. To transfer, register and countersign certificates of stock, bonds, or other evidences of indebtedness, and to act as agent of any corporation, foreign or domestic, for any purpose, now or hereafter required by statute, or otherwise. 3. To act as trustee under any mortgage or bond issued by any municipality, body politic, or corporation, and to accept and execute any other municipal or corporate trust not inconsistent with the laws of this state. 4. To receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between said corporation and those dealing with it. |
κ1925 Statutes of Nevada, Page 317 (CHAPTER 177, AB 107)κ
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poration, upon such terms as may be agreed upon between said corporation and those dealing with it. Sec. 79. Every corporation organized under this act shall have and maintain in a conspicuous place on its principal office, in letters sufficiently large to be easily read, the corporate name of such corporation, and every such corporation that shall fail or refuse to comply with the requirements of section 78 and of this section, for a period of thirty days, or shall fail to maintain such office, or fail to have a competent agent in charge thereof, shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, to be recovered, with costs, by the state, before any court of competent jurisdiction, by action at law, to be prosecuted by the attorney-general or by the district attorney of the county in which such action or proceeding to recover such fine is prosecuted. Sec. 80. Every corporation shall keep at its principal office in this state a certified copy of its certificate of incorporation or articles of incorporation, and a certified copy of its by-laws, and all amendments thereto, and shall also keep and maintain a stock ledger, or a duplicate stock ledger, revised semiannually, containing the names, alphabetically arranged, of all persons who are stockholders of the corporations, showing their places of residence, if known, and the number of shares of stock held by them respectively. Such stock ledger, or duplicate thereof, shall be open daily, except Sundays and holidays, during at least two business hours, for inspection by any judgment creditor of the corporation, or by any stockholder of such corporation, and persons who are so entitled to inspect such stock ledger, or the duplicate thereof, may make extracts therefrom. Every corporation that shall neglect or refuse to keep said stock ledger, or duplicate copy thereof open for inspection, as in this section required, shall forfeit to the state the sum of twenty-five dollars for every day of such neglect or refusal. If any officer or agent of any such corporation shall wilfully neglect or refuse to make any proper entry in such stock ledger, or duplicate copy thereof, or shall neglect or refuse to exhibit any such stock ledger, or duplicate thereof, upon demand by a person entitled to inspect the same, or shall refuse to permit extracts to be taken therefrom, as provided in this section, such corporation and such officer or agent shall each forfeit and pay to the party injured all damages resulting to him therefrom. It shall be a defense, however, to any action for penalties under this section that the person suing therefor has at any time sold, or offered for sale, any list of stockholders of such corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose. Nothing herein contained, however, shall be deemed or construed to in anywise impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case. |
Corporation must display corporate name
Certificate or articles must be on file in principal office |
κ1925 Statutes of Nevada, Page 318 (CHAPTER 177, AB 107)κ
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Action same as in civil process
Existing corporations may reincorporate under this act
Terms defined
Rights of married woman |
production for examination of the books of a corporation in any proper case. Sec. 81. In any action commenced against any corporation, in any court of this state, service of process shall be made in the manner provided by law for the service of civil process. Sec. 82. Any corporation organized and existing under the laws of this state on the date on which this act becomes effective, may reincorporate under this act, either under the same or a different name, by filing with the secretary of state a certificate executed by its president and attested by its secretary under the corporate seal and duly authorized by a meeting of the stockholders called for that purpose, setting forth the statements required in an original certificate of incorporation by section 4 hereof, and in addition, surrendering the existing charter of certificate of incorporation of the corporation, and accepting the provisions of this act. Upon the filing thereof, said corporation shall be deemed to be incorporated hereunder and shall be entitled to and be possessed of all the privileges, franchises and powers as if originally incorporated under this act; and all the properties, rights and privileges theretofore belonging to said corporation, which were acquired by gift, grant, conveyance, assignment or otherwise shall be and the same are hereby ratified, approved and confirmed and assured to said corporation with like effect and to all intents and purposes as if the same had been originally acquired through incorporation under this act; provided, however, that any corporation thus reincorporating hereunder shall be subject to all the contracts, duties and obligations theretofore resting upon the corporation whose charter or certificate of incorporation is thus surrendered or to which said corporation shall then be in any way liable. Sec. 83. The terms Principal Office, Principal Place of Business, and Principal Office in this State, wherever used in this act, shall be construed as referring to the office maintained in this state as required by sections 78 and 79, and as synonymous terms; Articles of Incorporation and Certificate of Incorporation shall also be construed as synonymous terms; Trustees and Directors, also shall be construed as synonymous terms wherever used in this act; the singular number shall include the plural, and the plural shall include the singular, and general terms and powers given herein shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers herein contained. Sec. 84. In all cases in which shares of stock in corporations now existing, or hereafter incorporated under any law of this state, are held or owned by a married woman, such shares may be transferred by her, her agent or attorney, authorized by writing, without the signature of her husband, in the same manner as if such married woman were a single woman. |
κ1925 Statutes of Nevada, Page 319 (CHAPTER 177, AB 107)κ
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in the same manner as if such married woman were a single woman. All dividends payable upon any shares of stock of a corporation held by a married woman, may be paid to such married woman, her agent, or attorney, in the same manner as if she were unmarried, and it shall not be necessary for her husband to join in receipt therefor; and any proxy or power given by a married woman, touching any share of stock of any corporation, or owned by her, shall be valid and be binding without the signature of her husband, the same as if she were unmarried. Sec. 85. The seal of a corporation shall contain its corporate name and date when incorporated, which date shall be that of the issuance of the certificate by the secretary of state, as required by this act. A departure from this provision shall not invalidate any corporate act otherwise valid, and the impression of the corporate seal on paper without wax or adhesive substance shall be a valid seal. Sec. 86. Whenever any corporation, formed under the provisions of this act, or any prior act, shall become insolvent, or be dissolved in any way or for any cause, the employees doing labor or service, of whatever character, in the regular employ of such corporation, shall have a lien upon the assets thereof for the amount of wages due to them, not exceeding two months wages, respectively, which shall be paid prior to any other debt or debts of said corporation; but the word employees shall not be construed to include any of the officers of such corporation. Sec. 87. No stock or bonds, or other securities, issued by any corporation organized under this act, shall be taxed by this state when the same shall be owned by nonresidents of this state, or by foreign corporations. Sec. 88. The provisions of sections 39, 40, 41, 42, 43, and 44 of this act shall apply to consolidations between domestic corporations, and, also, between a domestic corporation and a foreign corporation, and subject to the provisions of the foregoing sections, where such consolidation is effected between a domestic corporation and a foreign corporation, the consolidation agreement may provide that the consolidated corporation shall be subject to all the terms and provisions of this act as if such consolidated corporation were organized directly under and pursuant to the provisions of this act. Sec. 89. Whenever any corporation created under the terms and provisions of this act desires to change the location within this state of its principal place of business, such change may be effected in the following manner, to wit: The board of directors of such corporation shall adopt a resolution reciting the change in the location of the principal place of business of such corporation within this state, and they shall file a copy of said resolution, certified by the president and secretary, or vice-president and assistant secretary of such corporation, in the office of the secretary of state and in the office of the county clerk of the county wherein such principal place of business of such corporation is located, and from and after the time of the filing of such copies of such resolution, such change shall be effected. |
Seal of corporation
Employees to have lien on assets of corporation
Nonresidents not to be taxed
Certain sections of act to apply, when
Procedure for change of principal place of business |
κ1925 Statutes of Nevada, Page 320 (CHAPTER 177, AB 107)κ
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Constitutionality of act
Legal rights of corporations
Action at meeting not regularly called may be valid under certain conditions
Corporation may renew charter |
secretary of such corporation, in the office of the secretary of state and in the office of the county clerk of the county wherein such principal place of business of such corporation is located, and from and after the time of the filing of such copies of such resolution, such change shall be effected. Sec. 90. If any part or parts of this act shall be declared to be unconstitutional, the other parts thereof shall not thereby be affected or impaired. Sec. 91. Any corporation organized under the provisions of this act shall have all the rights, privileges and powers hereby conferred, and shall also have such rights, privileges and powers as may be conferred upon corporations by any existing law, and may at any time exercise such rights, privileges and powers, when not inconsistent with the provisions of this act, or with the purposes and objects for which such corporation is organized. Sec. 92. The by-laws may also provide that whenever all parties entitled to vote at any meeting, whether of directors or trustees, stockholders or members, consent, either by a writing on the records of the meeting or filed with the secretary, or by presence at such meeting and oral consent entered on the minutes, or by taking part in the deliberations at such meeting without objection, the doings of such meeting shall be as valid as if had at a meeting regularly called and noticed, and at such meeting any business may be transacted which is not excepted from the written consent or to the consideration of which no objection for want of notice is made at the time, and if any meeting be irregular for want of notice or of such consent, provided a quorum was present at such meeting, the proceedings of said meeting may be ratified and approved and rendered likewise valid and the irregularity or defect therein waved by a writing signed by all parties having the right to vote at such meeting; and that such consent or approval of members, stockholders or creditors may be by proxy or attorney, but all such proxies and powers of attorney must be in writing. Whenever any notice whatever is required to be given under the provisions of this act, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. Sec. 93. Any corporation existing under the laws of this state may, at any time before the expiration of the time limited for its existence, procure a renewal of its charter for any period, together with all the rights, franchises, privileges, and immunities, and subject to all its existing debts, duties, and liabilities, secured or imposed by its then existing charter, by filing a certificate of its president and secretary, duly sworn or affirmed to by such officers before any person authorized by the laws of this state to administer oaths or affirmations, with the secretary of state, which certificate must be authorized by two-thirds in interest of the stock in writing, or by a resolution to that effect, and shall set forth: |
κ1925 Statutes of Nevada, Page 321 (CHAPTER 177, AB 107)κ
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affirmations, with the secretary of state, which certificate must be authorized by two-thirds in interest of the stock in writing, or by a resolution to that effect, and shall set forth: 1. The name of the corporation, which shall be the existing name of said corporation at the time of such renewal. 2. The name of the city, town, or place within the county in which its principal office or place of business is located in this state. 3. The date when such renewal is to commence, which date shall be prior to the date of the expiration of the charter desired to be renewed, whether or not such renewal is to be perpetual, and, if not perpetual, the time for which such renewal is to continue. 4. That the corporation desiring to renew, and so renewing its charter, is duly organized and carrying on the business authorized by its existing charter, and desires to renew or continue its existence under and pursuant to and subject to the provisions of this act. Sec. 94. Such certificate for the renewal and continuance of the existence of any such corporation shall be filed in the office of the secretary of state, who shall furnish a certified copy of the same under his hand and seal of office; said certified copy shall be filed and recorded in the office of the clerk of the county in which the principal office of said corporation is located in this state, in a book kept for that purpose, or in the book provided for recording original articles pursuant to section 3 of this act; and said certificate or a certified copy thereof duly certified under the hand of the secretary of state and his seal of office, accompanied with the certificate of the clerk of the county wherein the same is recorded, under his hand and seal of his office, stating that it has been recorded, the record of the same in the office of the clerk aforesaid, or a copy of said record duly certified by the aforesaid clerk shall be evidence in all courts of law and equity of this state. Sec. 95. Any corporation now existing or hereafter incorporated desiring to renew, extend, or continue its corporate existence, shall, upon complying with the provisions of this act, be, and continue for the time stated in its certificate of renewal, a corporation, and shall, in addition to the rights, privileges, and immunities conferred by its original charter, possess and enjoy all the benefits of this act, which are applicable to the nature of its business, and shall be subject to the restrictions and liabilities by this act imposed on such corporations. Sec. 96. This act shall take effect and be in force from and after March 31, 1925. |
Certificate to be filed; what shall contain
Certificate to be filed in county where principal office is located
Existing corporations to have benefits of act
In effect |
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κ1925 Statutes of Nevada, Page 322κ
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Terms defined
Must not be deposited within one thousand feet of center of highway
Penalty for violation
In effect |
[Assembly Bill No. 109Mr. David]
Chap. 178An Act to prohibit the throwing or depositing of any dead animal, dirt, garbage, and rubbish on or within certain distances from the public highways in the State of Nevada, and providing a penalty for the violation thereof.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Dead animals, as the term is used in this act, is defined as all dead animals or parts thereof (including condemned meats) and not intended to be used as food. Dirt is defined to include loose earth, ashes, manure from barns, stables, corrals, and pens, offal from butcher- and slaughter-houses and all foul and filthy substances. Garbage is defined to include solid or semisolid kitchen refuse subject to decay or putrefaction, and market waste of animal and vegetable matter which has been or was intended to be used as food for man or animal. Rubbish is defined as old tin and iron cans and containers, old wood and paper boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, and all used or cast-off articles or material, including old plaster, brick, cement, glass, and all old building material. Sec. 2. It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited on any public highway within the State of Nevada, or within a distance of one thousand feet from the center of any public highway, any dead animal, dirt, garbage, or rubbish as defined by this act. Sec. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five ($25) dollars or more than one hundred ($100) dollars, or by imprisonment in the county jail for not less than ten days nor more than sixty days, or by both such fine and imprisonment. Sec. 4. For good cause shown this act shall take effect from and after its passage and approval. |
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[Assembly Bill No. 113Mr. Phillips]
Chap. 179An Act regulating mills, reduction works, samplers, smelters, and other persons purchasing, treating or shipping ores and bullion for others, and providing a penalty for the violation hereof.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm or corporation engaged in the business of purchasing, sampling, reducing, or refining of ores, the predominating value of which is in gold or silver, for others, shall make settlement with and pay to the seller of such ores the value thereof, after lawful deductions, within thirty (30) days after the delivery and sampling of such ores. |
κ1925 Statutes of Nevada, Page 323 (CHAPTER 179, AB 113)κ
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of ores, the predominating value of which is in gold or silver, for others, shall make settlement with and pay to the seller of such ores the value thereof, after lawful deductions, within thirty (30) days after the delivery and sampling of such ores. Sec. 2. Every person, firm or corporation engaged in the business of purchasing, sampling or in the treatment or reduction or smelting of ores or metal, for others, shall make settlement with and pay to the seller of such metals, the value thereof after agreed and lawful deductions, within thirty (30) days after the sale of the products of such metal, by the smelter, mill, reduction works, refinery, or sampler reducing or refining the same. Sec. 3. Every person, firm or corporation or lessor shipping ores, bullion or metals to any smelter, mill, sampler, or reduction works or refinery for another, shall make settlement with, and pay to the person or persons entitled thereto, the value of such ores, bullion or metals, within thirty (30) days after the settlement therefor shall have been made by the smelter, mill, reduction works, refinery or sampler purchasing or reducing or refining the same. Sec. 4. Any person violating any of the provisions of this act shall be deemed guilty of an unlawful conversion and upon conviction thereof shall be fined not more than five hundred ($500) dollars, or imprisoned in the county jail not more than six (6) months, or both such fine and imprisonment. |
Seller of ores to receive pay within thirty days
Same
Same
Penalty for violation |
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[Assembly Bill No. 137Mr. Swanson]
Chap. 180An Act requiring all corporations to file annually with the secretary of state a list of their officers and directors and a designation of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or preexisting laws.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every corporation organized under the laws of this state, and every foreign corporation doing business in this state shall, on or before the first day of July of each year, file with the secretary of state, a list of the officers and directors and a designation of its resident agent in this state. Said list of officers and designation of resident agent to be certified by the president, secretary or other officer of the corporation. Upon filing such list of officers and designation of resident agent, every such corporation shall pay to the secretary of state a fee of five ($5) dollars. |
Corporations must file list of officers and resident agent
Filing fee |
κ1925 Statutes of Nevada, Page 324 (CHAPTER 180, AB 137)κ
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Secretary of state to issue certificate
Act to apply to new corporations
Penalty for neglect to pay fee
Secretary of state to file list of defaulting corporations with the governor Governor to publish list |
Sec. 2. When this annual fee for filing list of officers and directors, and designation of resident agent has been paid, the secretary of state shall issue to each corporation paying the same a certificate authorizing it to transact and conduct its business within this state for a period of one year, and until the first day of July of the next succeeding calendar year. Such certificate shall contain the name of the corporation, the amount of the fee paid and penalties, if any, and shall recite the fact that such corporation has filed its list of officers and directors and its designation of resident agent. Sec. 3. Every corporation hereafter organized under the laws of this state, and every foreign corporation hereafter coming into this state, shall, within sixty days after the filing of its articles of incorporation with the secretary of state, file a list of its officers and directors and a designation of its resident agent and pay to the secretary of state a fee therefor of five ($5) dollars, and shall make like filing and pay the fee set forth in section 1 of this act, annually thereafter. Sec. 4. Any corporation required to pay the fee herein provided, which shall refuse or neglect to pay the same within the time herein provided, shall be deemed in default and for such default there shall be added to the amount of the fee, a penalty of $2.50, and unless such fee and penalty shall be paid on or before the first Monday in August following, the defaulting corporation shall, by reason of such default, forfeit to the State of Nevada the amount of the tax and penalty aforesaid, and shall likewise forfeit its right to transact any business within this state, and the fee and penalty shall be collected as hereinafter provided. Sec. 5. The secretary of state, on or before the 15th day of October of each year, shall file with the governor of this state a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid. The governor, for at least ten days prior to the first Monday in November following, shall publish such list in the newspaper designated to do the official advertising required by the State of Nevada, and shall append to such list, and publish therewith, his proclamation to the effect that unless the filing fee owing by such corporation, together with the penalties and all costs, shall be paid to the secretary of state, on or before noon of the said first Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and cost to the State of Nevada, and shall also forfeit its right to carry on business within said state, and, further, that the charters of all defaulting domestic corporations will be revoked unless payment is made as aforesaid. Said publication shall be and constitute a part of the official advertising for the State of Nevada and said paper shall not receive any compensation therefor. |
κ1925 Statutes of Nevada, Page 325 (CHAPTER 180, AB 137)κ
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therefor. Immediately after the first Monday in March the governor shall file with the secretary of state a full and complete list containing the names of all corporations whose right to do business has been annulled and whose charters have been revoked. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its charter. In case of a reinstatement as provided in the next section, the secretary shall also immediately notify such county clerks of such fact. In case of forfeiture of the charter and of the right to transact business thereunder, all the property and assets of the defaulting domestic corporations shall be held in trust by the directors of such corporation as in case of insolvent corporations, and the same proceeding may be had with respect thereto as is applicable to insolvent corporations. Any person interested may institute such proceedings at any time after a forfeiture has been declared as herein provided, but in case the governor shall reinstate the charter the proceedings shall at once be dismissed and all property restored to the officers of the corporation. In case the assets are distributed they shall be applied as follows: 1. To the payment of the filing fee, penalties, and costs due to the state. 2. To the creditors of the corporation; and 3. Any balance remaining shall be distributed among the stockholders. In case a foreign corporation shall make default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty, and costs due to the state, and shall deliver such warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, and costs and accruing costs, and any balance remaining after such sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold; provided, that no more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold. Sec. 6. The governor is hereby authorized to reinstate any corporation which shall forfeit its right to transact business under the provisions of this act, and to restore it to its right to carry on business in this state, and to exercise its corporate privileges and immunities at any time within two years after the date of default of such corporation in the payment of the filing fee hereinabove provided, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter and upon payment to the secretary of state of all filing fees, licenses, penalties, and costs and expenses due or in arrears at the time of the revocation of its charter. |
Governor to file list of corporations whose charters have been revoked
Forfeiture; assets held in trust by directors
Manner of distribution of assets
Procedure in case of foreign corporation
Governor may reinstate corporation |
κ1925 Statutes of Nevada, Page 326 (CHAPTER 180, AB 137)κ
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Certificate of reinstatement to issue
Proviso
Corporation to submit new name under certain conditions
Provisions of certain sections to be complied with
Act repealed |
and costs and expenses due or in arrears at the time of the revocation of its charter. In case such payment is made and the governor reinstates the corporation to its former rights he shall at once notify the secretary of state, in writing, of his action, and the secretary of state shall, upon receiving such notice, issue and deliver to the corporation so reinstated, a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due, and the secretary of state shall, upon demand, issue to the said corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold, or lease property or transact business, provided, however, that in no case shall the governor order a reinstatement unless the secretary of state shall have presented him with proof that all such delinquent taxes, licenses, penalties and costs have been paid, and that such revocation of charter occurred only by reason of failure to pay such taxes, licenses, penalties and costs. Sec. 7. In all cases where any corporation is suspended from doing business, under the provisions of this act, or shall have heretofore been suspended from doing business under the provisions of any previous act of the legislature of Nevada, and the corporate name of such corporation shall have been legally acquired by another corporation prior to the application for reinstatement of such defaulting corporation, such defaulting corporation shall in its application for reinstatement, submit to the governor some other name, under which it desires its corporate existence to be reinstated. Any if such name is sufficiently distinctive and different from all existing corporations, the secretary of state shall issue to such defaulting corporation, a certificate of reinstatement under such new name. Sec. 8. Any corporation whose charter or right to do business has been forfeited under the provisions of an act entitled An act relating to revenue and taxation, providing for a license tax upon all corporations, organized under the laws of the State of Nevada, and all foreign corporations doing business in the State of Nevada, and providing a penalty for a violation of the provisions of this act, approved March 21, 1923, may be restored to its right, carry on business in this state, by complying with the provisions of sections (6) and (7) hereof. Sec. 9. That certain act entitled An act relating to revenue and taxation, providing for a license tax upon all corporations organized under the laws of the State of Nevada, and all foreign corporations doing business in the State of Nevada, and providing a penalty for violation of the provisions of this act, approved March 21, 1923, is hereby repealed, but no corporation shall be relieved from any of the taxes, licenses or penalties imposed by previous acts of the legislature of Nevada except as provided herein. |
κ1925 Statutes of Nevada, Page 327 (CHAPTER 180, AB 137)κ
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hereby repealed, but no corporation shall be relieved from any of the taxes, licenses or penalties imposed by previous acts of the legislature of Nevada except as provided herein. Sec. 10. This act shall take effect March 31, 1925. |
In effect |
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[Assembly Substitute for Assembly Bill No. 147Mr. Jahn]
Chap. 181An Act to authorize the payment of costs and expenses of the Humboldt river adjudication, making an appropriation therefor, and other matters in connection therewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for costs, witness fees or expenses incurred by or upon the authority of the attorney-general in the litigation affecting the order of determination adjudicating waters of the Humboldt river now pending in the Sixth judicial court of the State of Nevada, the sum of six thousand ($6,000) dollars is hereby appropriated from the general fund of the State of Nevada; provided, no portion of said funds shall be expended for attorneys fees. Sec. 2. All expenditures from the appropriation hereby made shall be subject to the approval of the state engineer and of the board of examiners. Sec. 3. Whenever the State of Nevada shall recover any costs paid or advanced under the provisions of this act, the same so recovered shall be placed in the general fund in the state treasury. Sec. 4. This act shall become effective immediately upon its passage and approval. |
Appropriation, $6,000
Expenditures must be approved Disposition of costs recovered
In effect |
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[Assembly Bill No. 151Mr. Henrichs]
Chap. 182An Act relating to the duties of peace officers, poundmasters or other persons who impound or impound and sell live stock.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any county, city, town, township or other peace officer or poundmaster, who impounds under the provisions of any state law or county or municipal ordinance any live stock or domesticated animals other than dogs or cats, shall immediately after impounding such animal or animals, send a written notice to the state board of stock commissioners. |
Duties of certain officers as regards impounded live stock |
κ1925 Statutes of Nevada, Page 328 (CHAPTER 182, AB 151)κ
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Proviso
Conflicting acts repealed In effect |
commissioners. Said notice shall contain a full description, including all brands and marks, sex, age, weight, color and kind of each animal so impounded; provided, that if the owner or owners of such animal or animals are not known and in case of the sale of such impounded animal or animals as prescribed by law, all notices posted or advertisements published by any officer or other person having charge of such sale shall include a complete description of each such animal to be sold, including all brand and marks, sex, age, weight, color and kind. Sec. 2. All acts or parts of acts which conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall take effect from the date of its approval. |
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Title of act amended
High-school tax in counties without regular high school
Must have standard courses in certain subjects |
[Assembly Bill No. 154Mr. Mulcahy]
Chap. 183An Act to amend the title and sections 1 and 2 of an act entitled An act to authorize county commissioners, in counties not having high schools, to aid district high schools under certain conditions, and matters properly connected therewith, approved March 9, 1915.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the above-entitled act is hereby amended so as to read as follows: An act to authorize county commissioners, in counties not having county high schools, to aid district high schools under certain conditions and matters properly connected therewith. Sec. 2. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. In any county in which no county high school is located, the county commissioners, at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one duly organized high school, or the several boards of trustees of the district high schools in counties having more than one such high school, shall levy a county tax for high school purposes of not less than twenty cents (20c) or such a part thereof as is shown in said petitions to be necessary on the hundred dollars ($100) of assessed valuation of the county, for the benefit of any district high school or schools that comply with the following conditions: 1. That the said high school or schools shall have standard courses in commercial work, manual arts, or domestic arts, or standard courses in agriculture. 2. That the board of school trustees of each district interested shall have passed a resolution opening their high school to all properly qualified students of the county. |
κ1925 Statutes of Nevada, Page 329 (CHAPTER 183, AB 154)κ
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3. That the board of school trustees of the district or districts having high schools as described in paragraph 1 of these conditions shall each have levied a special district tax for school purposes. Sec. 3. Section 2 of the above-entitled act is hereby amended so as to read as follows: Section 2. In counties having more than one district high school affected by the provisions of this act, the amount raised by the county for high school purposes, as provided in section 1 hereof, shall be apportioned by the superintendent of public instruction at the time of each semiannual apportionment of the state and county school moneys in January and July, on the basis of the number of teachers to which each district high school is entitled as shown by the average daily attendance for the school year last preceding that in which the apportionment is made, as follows: A school having an average daily attendance of not more than fifty pupils shall receive an apportionment on one teacher for each twelve pupils in average daily attendance. A school having an average daily attendance of more than fifty pupils and not more than two hundred pupils shall receive an apportionment on one teacher for each sixteen pupils in average daily attendance. A school having an average daily attendance of more than two hundred pupils shall receive an apportionment on one teacher for each twenty pupils in average daily attendance. Nothing in this section shall be construed to prevent any school from employing as many teachers as may be deemed necessary by the board of trustees thereof. It is hereby provided that the money so apportioned shall be kept by the treasurer and auditor in separate funds for each high school district and shall be used for high school purposes and no other. |
Apportionment to be made by state superintendent |
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[Assembly Bill No. 161Mr. David]
Chap. 184An Act to regulate the use of public roads and highways under certain conditions.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, by reason of excessive moisture, the public roads or highways of this state may be damaged by heavy loads thereon, the boards of county commissioners shall have authority: (First) To close any public road or highway to such extent and for such time as may be necessary. (Secondly) To fix a maximum load limit which may pass over any road or highway or section thereof. |
Commissioners to close highways under certain conditions |
κ1925 Statutes of Nevada, Page 330 (CHAPTER 184, AB 161)κ
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Notices posted, what to contain
Penalties for violation of act
In effect |
Notices of the closing of any road or highway or limiting the maximum load which may pass over said road or highway shall be given by placing a notice at each end of the section of road or highway to be protected, stating that the road is closed to traffic or stating the maximum load which may be drawn or carried over said road or highway or section thereof. Sec. 2. Any person, firm, company or corporation who shall deface, destroy or remove any sign so erected or placed, or who shall pass over a road closed, or who shall carry over said section of road any load in excess of the weight stated in the notice shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and shall be liable for any damage that may be done to any public road or highway or section thereof as a result of said unlawful passage. Sec. 3. This act shall take effect immediately upon its passage and approval. |
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Liability of hotel-keepers
In effect Conflicting acts repealed |
[Assembly Bill No. 163Mr. Mayer]
Chap. 185An Act to limit the liability of hotel-keepers, and other matters properly connected therewith.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No hotel-keeper or owner in this state shall hereafter be civilly liable for the loss of any property left in any of the rooms of such hotel, of any guest of any such hotel, by reason of theft, burglary, fire, or otherwise, in the absence of gross neglect upon the part of such hotel-keeper or owner. Sec. 2. This act shall take effect from and after its passage and approval. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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κ1925 Statutes of Nevada, Page 331κ
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[Assembly Substitute for Assembly Bill No. 172Judiciary Committee]
Chap. 186An Act to amend an act entitled An act to amend section 872 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, being section 5814, Revised Laws of Nevada, approved March 4, 1921.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 872 of the above-entitled act is hereby amended to read as follows: Section 872. The prevailing party in any civil action at law in the justice courts of this state shall receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee, said fee to be fixed by the justice of the peace, and taxed as costs against the losing party, and on appeal the district court is hereby authorized to allow said costs, if judgment is given for the same party; if the appealing party shall prevail on such appeal, the district court is hereby authorized to allow him, as costs, the amount allowed by the justice of the peace as a reasonable attorney fee to the prevailing party in such justice court, and his other costs in the district court as in cases originating in such court. |
Attorney fee allowed prevailing party in civil action |
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[Assembly Bill No. 168Mrs. Rose]
Chap. 187An Act to provide for free public libraries in counties, and other matters relating thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county commissioners of the several counties of the State of Nevada are hereby authorized and empowered to set apart the sum of fifteen hundred dollars ($1,500) to be used in the establishment and maintenance of a free public library in the county-seat in each county in the State of Nevada; and each year hereafter said boards of county commissioners may set apart an amount not to exceed a like sum for said purpose; the funds so created to be known as the Public Library Fund. Sec. 2. The county board of education of any county of the State of Nevada, whenever notified by the chairman of the board of county commissioners of said county, shall appoint three competent persons who are residents of such county, to be known as library trustees, who shall hold office for a period of one, two and three years respectively, and said county board of education shall annually thereafter appoint one library trustee, |
County commissioners may establish free libraries
Board of education to appoint library trustees |
κ1925 Statutes of Nevada, Page 332 (CHAPTER 187, AB 168)κ
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Proviso
Claims paid out of library fund
Free and accessible to public |
and said county board of education shall annually thereafter appoint one library trustee, who shall hold office for a period of three years, and all vacancies which may occur at any time in the said office of library trustee shall be filled by appointment by the said county board of education; provided, that in those counties of the state wherein there may be no county board of education, the duties herein conferred to the several county boards of education shall be performed by the county commissioners of said counties. Said trustees shall serve without compensation, and shall hold office until their successors are appointed and qualified. Sec. 3. All claims for indebtedness incurred or created by said library trustees shall be audited by a majority of said library trustees, and presented to and acted upon by the board of county commissioners, and paid out of said library fund in the same manner as claims against the county are presented, acted upon and paid. No indebtedness in excess of the amount provided for in section 1 of this act, shall be incurred by said library trustees, or allowed by the board of county commissioners, and in no case shall any claim except for library and reading-room purposes be allowed or paid out of said library fund. Any moneys remaining in said fund on December 31 of any year shall revert to the general fund of the county. Sec. 4. Said library and reading-room shall forever be and remain free and accessible to the public, subject to such reasonable rules and regulations as said library trustees may adopt. |
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Appointment of guardian of minors |
[Assembly Bill No. 173Mr. Robbins]
Chap. 188An Act to amend an act entitled An act to provide for the appointment of guardians and to prescribe their duties, approved March 11, 1899.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 6150, Revised Laws, is hereby amended to read as follows: Section 2. To secure the appointment of a guardian, any relative of or any person interested in or befriending a minor, may file in the clerks office of the district court of the proper county a petition setting forth the necessary facts, and praying for the appointment of some designated person or persons as guardian or guardians. Upon such petition being filed, the clerk shall give notice of the hearing thereof by posting in three public places in the county, one of which shall be at the front door of the courthouse thereof, a notice containing the name or names of the minor or minors, the party petitioning, the object, and the time and place for the hearing, which shall not be less than ten nor more than twenty days after such posting. |
κ1925 Statutes of Nevada, Page 333 (CHAPTER 188, AB 173)κ
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notice containing the name or names of the minor or minors, the party petitioning, the object, and the time and place for the hearing, which shall not be less than ten nor more than twenty days after such posting. The party petitioning shall also cause notice to be served upon any person in whose custody or care such minor or minors may be; provided, if any person shall be nominated guardian by will, the court may, on the probate of such will, or at any time thereafter, appoint such person or persons guardian without any petition or notice. |
Proviso |
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[Assembly Bill No. 174Mr. Robbins]
Chap. 189An Act to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 850 of the above-entitled act is hereby amended to read as follows: Section 850. An appeal from a justices court where no stay of proceedings is claimed is not effectual for any purpose unless an undertaking is filed, with two or more sureties, in the sum of one hundred dollars, for the payment of the costs on the appeal. If a stay of proceedings is claimed, the appellant must file an additional undertaking, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money; or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property, and which must be conditioned, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal is withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in the action in the district court. When the action is for the recovery of, or to enforce or foreclose a lien on, specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal is withdrawn or dismissed, or any judgment and costs that may be recovered against him in said action in the district court, and will obey any order made by the court therein. When the judgment appealed from directs the delivery of possession of real property, the execution of the same cannot be stayed unless a written undertaking is executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, |
Undertaking must be filed on appeal from justice court |
κ1925 Statutes of Nevada, Page 334 (CHAPTER 189, AB 174)κ
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Deposit of amount of judgment equivalent to undertaking |
not commit, or suffer to be committed, any waste thereon, and that if the appeal is dismissed or withdrawn, or the judgment affirmed, or judgment be recovered against him in the action in the district court, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, or that he will pay any judgment and costs that may be recovered against him in said action in the district court, not exceeding a sum to be fixed by the justice of the court from which the appeal is taken, and which sum must be specified in the undertaking. A deposit of the amount of the judgment, including all costs, appealed from or of the value of the property, including all costs, in actions for the recovery of specific personal property, with the justice, is equivalent to the filing of the undertaking, and in such cases the justice must transmit the money to the clerk of the district court, to be by him paid out on the order of the court. The adverse party may except to the sufficiency of the sureties within five days after written notice of the filing of the undertaking, and unless they or other sureties justify before the justice within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. |
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Rights of married woman |
[Assembly Bill No. 175Mr. Robbins]
Chap. 190An Act to amend an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 30 of the above-entitled act, being section 5886, Revised Laws, is hereby amended to read as follows: Section 30. A married woman may be appointed an executrix. The authority of an executrix who was unmarried when appointed is not extinguished nor affected by her marriage. |
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κ1925 Statutes of Nevada, Page 335κ
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[Assembly Substitute for Assembly Bill No. 176Judiciary Committee]
Chap. 191An Act to amend an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 42 of the above-entitled act, being section 5898, Revised Laws, is hereby amended to read as follows: Section 42. A married woman may be appointed administratrix. When an unmarried woman appointed administratrix marries, her authority is not thereby extinguished; provided, however, that in the event of such marriage, any other person or persons named in section 5894, Revised Laws, as amended, may, on verified petition and upon such notice as the court may direct, have the said letters revoked, and issued to the petitioner; and all of the provisions of this act concerning the appointment, qualification and duties of administrators shall be applicable. Sec. 2. Section 98 of the above-entitled act, being section 5954, Revised Laws, is hereby amended to read as follows: Section 98. If the person so cited should refuse to appear and submit to such examination, or to testify touching the matter of such complaint, the court may commit such person to the county jail, there to remain confined until he or she shall obey the order of the court, or be discharged according to law, and if upon such examination it shall appear that such person has concealed, converted to his or her own use, smuggled, conveyed away, or in any manner disposed of any moneys, goods or chattels of the deceased, or that he or she has in his or her possession or under his or her control any deeds, conveyances, bonds, contracts, or other writings, which contain evidence of, or tend to disclose, the right, title, interest, or claim of the deceased to any real or personal estate, claim or demand, or any last will of the deceased, the district court may make an order requiring such person to deliver any such property or effects to the executor or administrator, at such time as the court may fix, and should such person fail to comply with such order, the court may commit him or her to the county jail till such order shall be complied with, or the person discharged according to law. The order of the court for the delivery of such property shall be prima-facie evidence of the right of the executor or administrator to such property in any action that may be brought for the recovery thereof; and any judgment recovered therein shall be for double the value of the property, and damages in addition thereto equal to the value of such property. |
Marriage not to extinguish authority of administratrix; proviso
Court may commit person refusing to testify |
κ1925 Statutes of Nevada, Page 336 (CHAPTER 191, Assembly Substitute for Assembly Bill No. 176)κ
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Appointment of executor to be published
Interested person may request special notice
What request shall state |
such property. In addition to the examination of the party, witnesses may be produced and examined on either side. Sec. 3. Section 107 of the above-entitled act, being section 5963, Revised Laws, is hereby amended to read as follows: Section 107. Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county, if there be one, if not, then in such newspaper as may be designated by the court or judge, and post copies thereof in three public places of the county, a notice of his appointment as such executor or administrator. Such notice shall be properly entitled of the court and cause, specifying the date of appointment, the name of deceased, and shall be dated and officially signed by the executor or administrator, and shall direct that all persons having claims against the estate are required to file the same, with the proper vouchers and statutory affidavits attached, with the clerk of the court within three months from the date of the first publication of the notice. Such notice shall be published for at least once a week for four weeks. After the notice shall have been given as above required, a copy thereof, with the affidavit of publication and posting, shall be filed. At any time after the issuance of letters testamentary or of administration upon the estate of any decedent, any person interested in said estate, or the property thereof, or the attorney for such person may serve upon the executor or administrator (or upon the attorney for the executor or administrator), and file with the clerk of the court wherein administration of such estate is pending, a written request, stating that he desires special notice of any or all of the following mentioned matters, steps or proceedings in the administration of said estate, to wit: 1. Filing of petition for sales, leases or mortgages of any property of the estate. 2. Filing of accounts. 3. Filing of petitions for distributions. 4. Filing of petitions for partition of any property of the estate. Such request shall state the postoffice address of such person or his attorney, and thereafter a brief notice of the filing of any of such petitions or accounts, except petitions for sale of perishable property or other personal property, which will incur expense or loss by keeping, shall be addressed to such person, or his attorney, at his stated postoffice address, and deposited in the United States postoffice with the postage thereon prepaid, within two days after the filing of such petition or account; or personal service of such notices may be made on such person or his attorney, within said two days and such personal service shall be equivalent to such deposit in the postoffice, and proof of mailing or of personal service must be filed with the clerk before the hearing of such petition or account. |
κ1925 Statutes of Nevada, Page 337 (CHAPTER 191, Assembly Substitute for Assembly Bill No. 176)κ
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mailing or of personal service must be filed with the clerk before the hearing of such petition or account. If upon the hearing it shall appear to the satisfaction of the court that the said notice has been regularly given, the court shall so find in its order or judgment and such judgment shall be final and conclusive upon all persons. Sec. 4. Section 127 of the above-entitled act, being section 5983, Revised Laws, is hereby amended to read as follows: Section 127. The sale of personal property shall be made at public auction, and after public notice given at least ten days, unless for good reasons shown, the court or judge shall order a private sale or a shorter notice. Public sales of such property shall be made at the courthouse door, at the residence of the deceased, or at some place to be mentioned in the notice, and no sale shall be made of any property which is not present at the time of selling, unless the court otherwise order. Sec. 5. Section 142 of the above-entitled act, being section 5999, Revised Laws, is hereby amended to read as follows: Section 142. If upon the hearing, when all persons interested who desire have been heard for or against, and any testimony that may be offered, it shall appear to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, or if disproportionate that a greater sum as above specified cannot be obtained, or that the advance bid mentioned in section 141 of this act be made and accepted, the court shall confirm the sale and direct proper conveyances to be made and executed, and that such sale from that time shall be confirmed and valid; provided, that if after such confirmation the purchaser shall neglect or refuse to comply with the terms of sale the court may, on motion of the executor or administrator, and after notice to the purchasers, order a new sale of the property, and if the amount realized on such sale does not cover the bid and expenses of the previous sale, such delinquent purchaser shall be liable for the deficiency; provided further, that the executor or administrator shall, within ten days after the entry of any decree of confirmation of sale of real estate, file or cause to be filed in the office of the county recorder of the county wherein such decree was made, a certified copy of such decree. Sec. 6. Section 205 of the above-entitled act, being section 6062, Revised Laws, is hereby amended to read as follows: Section 205. Where the accounts of an executor or administrator have been settled and a decree for the distribution of the estate made by the court, the executor or administrator shall without any unnecessary delay distribute the estate remaining in his hands as by the decree directed. |
Sale of personal property made at public auction
Court shall confirm sale if legally made
New sale of property ordered, when
Decree of confirmation to be filed
Distribution of estate |
κ1925 Statutes of Nevada, Page 338 (CHAPTER 191, Assembly Substitute for Assembly Bill No. 176)κ
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The executor or administrator shall, within ten days after the entry of decree of distribution conveying any real estate, file with the county recorder of the county in which such decree was entered a certified copy of such decree. |
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Unlawful to interfere with flow of water through fish-ladder
Penalty
In effect |
[Assembly Bill No. 177Mr. Green]
Chap. 192An Act to provide for the preservation and propagation of fish in the streams of this state.
[Approved March 21, 1925]
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, copartnership, firm, corporation or association to dry up, impede or interfere with the free flow of water through any fish-ladder upon any stream in this state when there is sufficient unappropriated or unused water in such stream for use therein by diverting the same from above and around such fish-ladder by means of any ditch, canal or aqueduct and permitting the same to waste, spill or flow back into said stream below such fish-ladder by means of a spill-way, tailrace, overflow, underpass, headgate or other appliance not equipped with an efficient and adequate fish-ladder; provided, that this act shall not be construed to impair any subsisting right to divert water from such stream for irrigation, domestic or culinary purposes. Sec. 2. Any person who shall violate the provisions of this act shall be guilty of a misdemeanor and shall be punished accordingly; provided further, that violation of this act may be abated and restrained by an injunction issued by a court of competent jurisdiction. Sec. 3. This act shall be in effect from and after its passage and approval. |
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County commissioners may authorize emergency loan |
[Assembly Bill No. 178Mr. Buol]
Chap. 193An Act to amend section 5 of an act entitled An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, amended March 4, 1921.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. In case of great necessity or emergency, the board of county commissioners, by unanimous vote, by resolution reciting the character and nature of necessity or emergency, |
κ1925 Statutes of Nevada, Page 339 (CHAPTER 193, AB 178)κ
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emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until 15 days after the first publication of said notice; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by resolution of the board of county commissioners unanimously adopted without publication of such notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the state board of revenue, and the resolution of said state board of revenue shall be recorded in the minutes of the board of county commissioners; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of revenue, applicable to all counties, and which general resolution of approval shall be sufficient to be recorded in the minutes of the board of county commissioners as aforesaid; provided further, that when in the judgment of the county commissioners the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general fund of the county, the board of county commissioners are authorized, after the emergency loan is authorized as provided above, to transfer from the general fund of the county money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 7 of this act, and when the emergency tax is thereafter collected the amount so collected shall be immediately placed in the general fund of said county. |
State board of revenue to approve
May transfer moneys from general fund |
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[Assembly Bill No. 179Mr. Neeley]
Chap. 194An Act authorizing the acquisition of certain public utilities for Wadsworth school district No. 11, Washoe County, Nevada, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of the county of Washoe is authorized and directed to prepare, issue and sell negotiable coupon bonds of Wadsworth school district No. 11, |
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κ1925 Statutes of Nevada, Page 340 (CHAPTER 194, AB 179)κ
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Wadsworth school district bond issue, $7,500
Interest not to exceed six per cent
Public service engineer to advise board
Majority vote necessary
Bonds not to be sold at less than par value |
issue and sell negotiable coupon bonds of Wadsworth school district No. 11, in said county, for an amount not exceeding $7,500, exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the said school district, to wit, a water system. Said bonds shall be named Wadsworth School District No. 11 Utility Bonds. Sec. 2. Said bonds shall be prepared in denominations of $250 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the instalments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the clerk of the said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty years. Sec. 3. The board of county commissioners of the county of Washoe shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasonable cost of said water system. After receiving such advice and estimate the board shall be guided by the provisions of an act entitled An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto, approved March 23, 1911, as it stands amended, except as otherwise provided in this act. Sec. 4. If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners shall proceed at once to execute and issue them as rapidly as needed. Sec. 5. The board of county commissioners is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any and all bids; provided, that no bond shall be sold for less than par value. |
κ1925 Statutes of Nevada, Page 341 (CHAPTER 194, AB 179)κ
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and all bids; provided, that no bond shall be sold for less than par value. Sec. 6. The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the Wadsworth School District No. 11 Public Utilities Fund, and who shall pay out the same for the acquisition, installation, management and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners. All moneys acquired for service or the sale of service from said system, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the Wadsworth School District No. 11 Public Utilities Fund, created as aforesaid, for use as such fund may be required to be used, and, at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the Wadsworth school district No. 11 public utilities bond interest redemption fund. Sec. 7. To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Wadsworth school district No. 11, Nevada, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, one of said bonds annually, beginning with the first Monday in July, 1926, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the Wadsworth School District No. 11 Public Utilities Bond Interest and Redemption Fund. Said bonds and interest shall be paid from the fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said Wadsworth school district No. 11. Sec. 8. Whenever the bonds and interest provided for in this act shall have been paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the Wadsworth School District No. 11 Public Utilities Fund. If at any time there are sufficient funds in said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower. |
Proceeds of sale to go into fund
Disposition of revenues
Special tax to redeem bond issue
When tax shall cease |
κ1925 Statutes of Nevada, Page 342 (CHAPTER 194, AB 179)κ
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Duties of treasurer when bonds redeemed
Faith of state pledged
Provisions of existing law to apply
Bonds to be prepared not later than June 1, 1926 |
county commissioners shall fix the tax rate correspondingly lower. Sec. 9. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. Sec. 10. The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management and financing of the system mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1926. The system herein provided for shall be deemed public use authorized by the legislature such as are assisted by the principal of eminent domain. |
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Preamble |
[Assembly Bill No. 183Washoe County Delegation]
Chap. 195An Act to provide a site for the construction and maintenance of a Nevada building, in the city of Reno, for a continuous exhibit of state and county resources and relics collected by the Nevada historical society, and authorizing the city of Reno and county of Washoe to execute necessary conveyances to the State of Nevada.
[Approved March 21, 1925]
Whereas, The legislature of the State of Nevada, by an act approved March 2, 1925, provided for the construction, equipment, and maintenance of a public building to be known as a Nevada state building in the city of Reno, to provide quarters for a continuous exhibit of state and county resources and relics collected by the Nevada historical society and providing that a site for the same should be donated to the State of Nevada, and providing further that the said building shall be erected upon a state highway in said city, and |
κ1925 Statutes of Nevada, Page 343 (CHAPTER 195, AB 183)κ
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building shall be erected upon a state highway in said city, and Whereas, It is the desire of the city of Reno and the county of Washoe, that said Nevada building should be constructed on a site known as Powning park in the city of Reno, said site being hereinafter designated, now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All that piece and parcel of land, situate in the city of Reno, county of Washoe, State of Nevada, known as Powning park, and described as follows, to wit: That piece and parcel of land bounded on the north by Mill street; on the east by South Center street; on the south by State street and on the west by South Virginia street in the said city of Reno, and facing about 150 feet more or less on South Virginia street, and 306 feet more or less on Mill street, is hereby set apart and dedicated to the public as a site for a Nevada building to provide suitable quarters for a continuous exhibit of state and county resources and relics collected by the Nevada historical society, and for such other use as may be designated by a Nevada building commission. Sec. 2. Said building, when so constructed as hereinbefore provided, to be maintained as provided in that certain act of the legislature entitled An act to provide for an exhibition of the products of the State of Nevada at an exposition to be held within or near the city of Reno, county of Washoe, State of Nevada, in the year 1926, to be known as Nevada Transcontinental Highways Exposition; providing for an exposition commission; making an appropriation for such exhibits and the construction of a building therefor; providing for the issuance of bonds of the State of Nevada; levying a certain ad valorem tax to provide funds for the payment of such bonds and interest thereon; and other matters relating thereto, approved March 2, 1925. Sec. 3. The city of Reno and county of Washoe are hereby authorized to execute all conveyances necessary to transfer title to the land hereinbefore described to the State of Nevada, by and through their proper officers. |
Site for Nevada building at Reno dedicated
Maintained as provided by certain act
Conveyance to be made |
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κ1925 Statutes of Nevada, Page 344κ
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Bond issue of $50,000 authorized
Bonds sold at not less than par
Faith of state pledged |
[Assembly Bill No. 184Mr. Smith]
Chap. 196An Act authorizing and empowering the board of county commissioners of Lincoln County, State of Nevada, to issue additional bonds to provide funds for aid in the construction of state highway route No. 7 within said county.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Lincoln County, State of Nevada, is hereby authorized and empowered to issue bonds of said Lincoln County, in addition to such as have been heretofore issued, in an amount not to exceed fifty thousand dollars ($50,000), to bear interest not in excess of six per cent per annum, payable semiannually, to run not in excess of twenty years, and to be issued and sold by them from time to time as and in amounts required, in the usual form of county bond. The said board is also hereby authorized and empowered to levy an annual tax upon all the taxable property within the said Lincoln County for the purpose of paying the principal and interest of such bonds as may be issued hereunder. Sec. 2. Said bonds shall be sold by the said board at not less than par, and the proceeds therefrom shall be deposited with the treasurer of Lincoln County to the credit of the Lincoln county-state highway fund No. 3, and shall be used solely for the purpose of aiding in the construction of route No. 7 of the state highway system within the said Lincoln County. Sec. 3. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed omitted, until all the bonds issued under and by virtue hereof shall have been paid in full. |
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New section added
Route 17 defined |
[Assembly Bill No. 185Mr. James]
Chap. 197An Act to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved March 21, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Said act is amended by adding a new section thereto, to be designated section 8a. Section 8a. That in addition to the highways enumerated in section 8 there is thereby added another route described as follows: Route 17. Beginning at a point on route 3, approximately 10 miles south of Reno; thence running through Virginia City, Gold Hill, and Silver City to a connection with route 2a at or near Mound House. |
κ1925 Statutes of Nevada, Page 345 (CHAPTER 197, AB 185)κ
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Virginia City, Gold Hill, and Silver City to a connection with route 2a at or near Mound House. As soon as funds are available, the department of highways shall commence the construction of said route. |
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[Assembly Bill No. 186Mr. Bachman]
Chap. 198 An Act authorizing the board of county commissioners of Mineral County, Nevada, to pay J. A. McCarthy a certain salary and fees for the services performed by him as justice of the peace of Hawthorne township.
[Approved March 21, 1925]
Whereas, J. A. McCarthy was, at the general election held on the 4th day of November, 1924, duly elected justice of the peace of Hawthorne township; and Whereas, Said McCarthy was also duly elected justice of the peace of said township at the general election of 1922; and Whereas, Said McCarthy duly qualified, as provided by law, as such justice of the peace on the first Monday in January, 1923, and gave an official bond, as required by law; and Whereas, Said bond, through mistake and inadvertence, ran for a period of four years; and Whereas, Said McCarthy, believing that such bond was in full force and effect on and after his reelection in 1924, failed and neglected to give a new bond and have the same approved, as approved by law, until on or after the fifth day of March, 1925; and Whereas, Said McCarthy performed the duties of said justice of the peace of said township during all of said period and was de facto justice of the peace of said Hawthorne township during said time and is entitled to the salary and fees thereof for the months of January and February; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of the county of Mineral are hereby authorized and directed to pay said J. A. McCarthy the salary and fees fixed by law and earned as the justice of the peace of Hawthorne township for the months of January and February, 1925; and to cause the auditor of said county to draw his warrant for such amount and the county treasurer to pay the same. Sec. 2. This act shall be in full force and effect from and after its passage and approval. |
Preamble
Salaries and fees to be paid
In effect |
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κ1925 Statutes of Nevada, Page 346κ
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Drawing checks when no deposit or credit
When felony
When misdemeanor
Prima-facie evidence to defraud |
[Senate Bill No. 64Senator Scott]
Chap. 199An Act to amend section 407 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Became a law April 1, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 407 of the above-entitled act is hereby amended to read as follows: Section 407. Every person who shall make, pass, utter or publish with the intention to defraud any other person or persons, firm, corporation or body politic, any bill, note, check or other instrument in writing for the payment of money or the delivery of other valuable property, directed to, or drawn upon, any real or fictitious person, bank, firm, partnership, or corporation, when in fact such person shall have no money, property, or credit, or shall have insufficient money, property or credit, with the drawee of such instrument to meet and make payment of the same, shall, if the amount involved be in excess of fifty dollars ($50) be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison not less than one nor more than five years, or by both such fine and imprisonment. If the amount involved by not in excess of fifty dollars ($50), the offense shall be a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. If payment of money is refused on any instrument mentioned above calling for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of same, and the person who shall make, pass, utter or publish said instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn, within ten days from the date the said instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument, or shall fail to pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud; and provided further, that if any person shall sign his name to a check or draft which has inscribed over his signature the words I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact, and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property, or credit, with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud. |
κ1925 Statutes of Nevada, Page 347 (CHAPTER 199, SB 64)κ
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paid to me upon representation of such fact, and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property, or credit, with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
Conflicting acts repealed |
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[Senate Bill No. 161Senator Vencill]
Chap. 200An Act to provide ownership of certain unclaimed animals, the duties of the state board of stock commissioners in the disposal of the same, and the care and disposal of moneys collected therefor.
[Became a law April 1, 1925]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Except as otherwise provided by law, all horses, mules, burros, hogs and cattle within the State of Nevada, the ownership of which cannot be determined by a diligent search through the brands of the state and by inquiries among reputable stockmen and ranchers in the vicinity where such animals are found, shall be deemed for the purpose of this act to be the property of the state board of stock commissioners, and said state board of stock commissioners shall have all rights accruing under the laws of this state to owners of such animals, and may dispose of any such animals by sale through an agent appointed by the said board; provided, that all moneys collected for the sale or for the injury or killing of any of the said animals shall be held for a period of one year, subject to the claim of any person who can establish legal title to any animal concerned, and all moneys remaining unclaimed shall be covered into the stock inspection fund after the said period of one year; provided further, that the said state board of stock commissioners may have the right to disallow all claims as above provided for if they deem said claims illegal or not showing satisfactory evidence of title; provided further, that the said board shall not be held liable for any trespass or other damage caused by any of such animals. Sec. 2. All acts or parts of acts in conflict with the above act are hereby repealed. Sec. 3. The above act shall take effect and be in full force upon its approval. |
Certain animals deemed property of board of stock commissioners
Legal owner may recover certain moneys
Conflicting acts repealed In effect |
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κ1925 Statutes of Nevada, Page 348κ
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Preamble
Water for watering live stock declared to be a beneficial use
Subsisting rights not to be impaired |
[Assembly Bill No. 148Mr. Vargas]
Chap. 201An Act relating to the use of water for watering live stock, the acquisition and proof of the right to such use, making certain actions a misdemeanor and prescribing a penalty therefor.
[Became a law April 1, 1925]
Whereas, The use of water for watering live stock and particularly range live stock is of great importance to the State of Nevada; and Whereas, The value of the right to water range live stock is directly dependent on the availability to the owner of such right of the grazing use of the public range in the vicinity of his watering place; and Whereas, The existence in separate owners of two or more rights for watering range live stock in the same vicinity tends to produce controversies concerning the use of the public range, that often result in breaches of the peace; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The use of water for watering live stock is hereby declared to be a beneficial use except as provided in section 2 of this act. Subject to such exception, the right to use water for that purpose may be acquired in the same manner as the right to use water for any other beneficial purpose; provided, that on application to the state engineer for any such right it shall not be necessary for the applicant to state or prove or for the state engineer to determine in cubic feet per second of time the quantity of water the use of which is applied for or granted, but in all such applications and in all proceedings connected therewith and, also, in all proceedings either before the state engineer or the courts relating to the proof or establishment of a vested right to use water for watering live stock, it shall be a sufficient measure of the quantity of the water to specify the number and kind of animals to be watered or which have been watered, as the case may be. This proviso is not intended to imply that it has heretofore been necessary to specify, prove or determine the quantity of water in cubic feet per second, but is meant only to remove for the future any uncertainty that may have existed as to such necessity. Sec. 2. Whenever one or more persons shall have a subsisting right to water range live stock at a particular place, and in sufficient numbers to utilize substantially all that portion of the public range readily available to livestock watering at that place, no appropriation of water from either the same or a different source shall subsequently be made by another for the purpose of watering range live stock in such numbers and in such proximity to the watering place first mentioned, as to enable the proposed appropriator to deprive the owner or owners of the existing water right of the grazing use of said portion of the public range, or to substantially interfere with or impair the value of such grazing use and of such water right. |
κ1925 Statutes of Nevada, Page 349 (CHAPTER 201, AB 148)κ
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made by another for the purpose of watering range live stock in such numbers and in such proximity to the watering place first mentioned, as to enable the proposed appropriator to deprive the owner or owners of the existing water right of the grazing use of said portion of the public range, or to substantially interfere with or impair the value of such grazing use and of such water right. Sec. 3. Before approving any application for the right to use water for watering live stock, the state engineer shall determine, by examination on the ground or otherwise, that the right and use applied for will not contravene the policy of section 2 of this act. If he shall determine that the right applied for will contravene such policy, he must reject the application. If the water applied for shall be along the course of or in the immediate vicinity of an established or customary driving route for moving live stock from one range to another, the state engineer may reject the application even if no previous right shall exist for any portion of such water, if he shall determine that such water will best subserve the public interests by being reserved for the watering of live stock while so being driven along such customary driving route. Sec. 4. Any person who, without the right so to do, shall on two or more separate days during any season, water more than fifty head of live stock at the watering place at which another shall have a subsisting right to water more than fifty head of live stock, or within three miles of such place, with intent to graze the live stock so watered on the portion of the public range readily accessible to livestock watering at the watering place of such other person, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding the sum of five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Each days watering in violation of this section shall be deemed a separate offense. Whenever, in any prosecution for such offense, it shall appear that the watering by the accused was not done at the watering place of another, but was done within three miles thereof, it shall be a sufficient defense for the accused to prove that he had no knowledge of the existence of such other watering place. Sec. 5. Nothing in this act shall be construed to affect the validity of rights to the use of water for watering live stock acquired under the previously existing laws of this state or to impair any existing vested right to the use of water for that purpose. Sec. 6. For the purposes of this act the term range live stock shall mean live stock which during the general period or season when they are being or are proposed to be watered at the place involved shall be subsisting chiefly or entirely by grazing on the public range. |
Duties of state engineer
Certain acts misdemeanor
Rights of accused
Prior rights not affected
Range live stock defined |
κ1925 Statutes of Nevada, Page 350 (CHAPTER 201, AB 148)κ
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Public range defined
In effect |
or season when they are being or are proposed to be watered at the place involved shall be subsisting chiefly or entirely by grazing on the public range. The term public range as used herein means all lands belonging to the United States, and or to the State of Nevada, on which live stock are permitted to graze, including lands set apart as national forests and lands reserved for other purposes. Sec. 7. This act shall take effect upon its passage and approval. |
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