[Senate Bill No. 1–Senator Dressler]

Chapter 1–An Act to create a legislative fund.

[Approved January 22, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand dollars ($60,000), which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund.

      Sec. 4.  This act to be in effect immediately upon its passage and approval.

Legislative appropriation, $60,000

Duties of controller and treasurer

Residue to revert

In effect

[Senate Bill No. 4–Senator Henderson]

Chap. 2–An Act relating to the reception and distribution of certain law books belonging to the State of Nevada.

[Approved January 27, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The state librarian of the State of Nevada is hereby authorized and directed to receive for and on behalf of the State of Nevada those certain one hundred sets of law books known as “Nevada Compiled Laws 1929.”

Librarian to receive Compiled Laws for state

Books to be marked

To remain property of state

State officers furnished sets

To be returned to librarian

Certain sets for use of legislature

Legislators to pay for books not returned

Repeal

In effect

of the State of Nevada those certain one hundred sets of law books known as “Nevada Compiled Laws 1929.”

      Sec. 2.  Said law books when so received shall be marked and/or stamped as other books belonging to the State are marked and/or stamped.

      Sec. 3.  Said law books shall remain and be the property of the State of Nevada under the charge and control of the said librarian.

      Sec. 4.  Said librarian shall distribute as many of said law books as may be necessary to the officers of the State of Nevada, charging the officer receiving the same with the value thereof.

      Sec. 5.  All officers receiving same shall return said books to the said librarian upon the expiration of his term of office or pay the said librarian the amount charged therefor.

      Sec. 6.  The remaining sets of said law books shall be kept by said librarian for the use of senators and assemblymen when the legislature of the State of Nevada is in session.

      Sec. 7.  All senators and assemblymen shall be charged with the value of said books received by them and shall exhibit to the state controller of the State of Nevada a receipt showing said books returned to the librarian before said controller shall pay the last four days’ per diem to said senator or assemblyman receiving said books.

      Sec. 8.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 9.  This act shall be in effect immediately upon its passage and approval.

Attaches of senate

Attaches of assembly

[Assembly Bill No. 2–Mr. Hussman]

Chap. 3–An Act relating to the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith.

[Approved January 28, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The officers and attaches of the senate shall consist of one secretary, one sergeant-at-arms, two pages and one porter, and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the senate efficiently.

      Sec. 2.  The officers and attaches of the assembly shall consist of one chief clerk, one sergeant-at-arms, two pages, two porters and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the assembly efficiently.

      Sec. 3.  There shall be paid to the several officers and attaches named in this act, for all services rendered by them under the provisions of this act, the following sums of money and no more: The secretary of the senate and the chief clerk of the assembly shall each receive seven dollars per day; the pages of the assembly and the senate shall each receive two dollars per day; the porters of the senate and assembly shall each receive three dollars per day and all other clerks or attaches shall receive six dollars per day.

      Sec. 4.  The state controller is hereby directed to draw his warrants in favor of the persons certified to him by the presiding officer of the senate and assembly, respectively, and the secretary and chief clerk of the senate and assembly, respectively, for the several amounts specified in said certificate as being payable to said persons, and the state treasurer is hereby directed to pay the same.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 6.  This act shall be deemed an emergency measure and shall become effective immediately upon its passage and approval.

Salary of attaches

Duties of controller and treasurer

Repeal

In effect

[Senate Bill No. 16–Senator Getchell]

Chap. 4–An Act to amend an act entitled “An act authorizing the county commissioners of Lander County, Nevada, to appoint a night watchman for the town of Battle Mountain upon receipt of petition therefor, to fix the salary of night watchman, and prescribing what said petition shall contain,” approved February 20, 1913.

[Approved February 6, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section one of said act is amended to read as follows:

      Section 1.  Upon receipt of a petition as hereinafter described the board of county commissioners of Lander County, Nevada, is hereby authorized and required to appoint a night watchman for the town of Battle Mountain in said county, who, also, shall be chief of the Battle Mountain fire department.

      Sec. 2.  Section two of said act is amended to read as follows:

      Section 2.  The compensation of said night watchman, including the duties required of him as chief of said fire department, is to be one hundred and fifty ($150) dollars per month, in full for all services rendered by him.

Lander County commissioners to appoint night watchman for Battle Mountain

Compensation of night watchman

In effect

Repeal

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

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

Interest payable annually; redemption of bonds

In effect

[Senate Bill No. 9–Senator Friedhoff]

Chap. 5–An Act to amend an act entitled “An act to authorize the board of county commissioners of Lyon County, Nevada, to issue bonds to provide for aid in the improvement of county and state highways in the county of Lyon,” approved March 11, 1925.

[Approved February 6, 1931]

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 to read as follows:

      Section 4.  The said bonds shall be of the denomination of five hundred dollars each. They shall be numbered consecutively and they shall bear interest at not exceeding six per cent per annum, said interest payable on the fifteenth day of January of each year after the issuance of said bonds until paid in full; and on the fifteenth day of January, three years after said bonds are issued, four or more of said bonds shall be redeemed and paid, and every twelve months thereafter four or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest number bond to be first redeemed and paid, and so on until the whole amount of the bonds so issued shall be redeemed and paid.

      Sec. 2.  This act shall take effect immediately from and after the date of its passage and approval.

[Senate Bill No. 5–Senator Henderson]

Chap. 6–An Act authorizing the board of city commissioners of the city of Las Vegas, county of Clark, to issue bonds to provide for the construction or reconstruction of a highway from Fifth street in said city along Fremont street therein to the easterly limit of said city under federal aid, providing for the reimbursement of said city for the cost of said highway by the levy and collection of special assessments against the land abutting on such improvement, and other matters relating thereto.

[Approved February 6, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The board of city commissioners of the city of Las Vegas, Clark County, State of Nevada, is hereby authorized, empowered and directed to prepare and issue bonds of said city in a sum not to exceed ten thousand dollars ($10,000), exclusive of interest, in manner hereinafter provided, for the purpose of providing funds for the construction or reconstruction of a highway with federal aid from the easterly limit of the intersection of Fremont street and Fifth street in said city of Las Vegas, running thence along said Fremont street as laid out and extended in an easterly direction to the easterly boundary of said city of Las Vegas.

      Sec. 2.  Said bonds may be issued from time to time, as may be required, in the usual form of city bond. Said bonds shall be signed by the mayor, countersigned by the city treasurer, and authenticated by the seal of the city; coupons for interest shall be attached to each bond so that the same may be removed without injury thereto, and each of such coupons shall be consecutively numbered and signed by the mayor and the city treasurer, or with the facsimile of their signatures impressed thereon.

      Sec. 3.  The city clerk shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of city commissioners of the city of Las Vegas is hereby authorized to negotiate the sale of said bonds, or portion thereof issued as herein provided, in the manner provided by law; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be in such form and denomination as said commissioners by resolution may direct. They shall be numbered consecutively and the interest on same shall not exceed six per cent (6%) per annum, payable semiannually on the first day of July and the second day of January of each year at the office of the city treasurer of said city of Las Vegas, and in no case shall said bonds run for a longer period than five years.

City of Las Vegas highway bond issue

Bonds to be issued as required

City clerk to keep record

City commissioners to negotiate sale of bonds

Denomination bonds; rate of interest

Receipts from sale of bonds to go into fund

Purposes for which funds to be used

Treasurer liable on official bond

Tax levy for payment of principal and interest

January of each year at the office of the city treasurer of said city of Las Vegas, and in no case shall said bonds run for a longer period than five years.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the city treasurer of said city and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and to be known as the “Las Vegas-Boulder Dam Highway Fund,” and to pay out said moneys only in a manner now provided by law or to be provided herein for the construction or reconstruction of said highway or portions thereof and for the purposes for which the same were received.

      Sec. 7.  The said board of city commissioners of the city of Las Vegas is hereby authorized and directed to use the moneys arising from the sale of said bonds, or such number thereof as may be sold, for the construction or reconstruction of all or such portion or portions of said highway as said board of city commissioners may determine, and for the maintenance and repair of said highway or portions thereof so constructed or reconstructed. It is expressly provided that the construction and/or reconstruction of said highway may be conducted by the department of highways of the State of Nevada under the supervision and control of the federal government, as is provided by the laws and regulations of the State of Nevada and of the United States of America in cases where highways are constructed or reconstructed under federal aid within the limits of incorporated cities. And it is further provided that said board of city commissioners may enter into such agreements and relations with the department of highways of the State of Nevada and the proper officers and departments of the federal government with reference to the maintenance and repair of said highway, or portions thereof, both before and after its construction, and in such other matters as may be necessary or required in order to facilitate the construction and/or reconstruction thereof with federal aid as aforesaid.

      Sec. 8.  The city treasurer of said city of Las Vegas shall be liable on his or her bonds for the safe-keeping of the moneys which shall come into his or her hands under the provisions of this act and for the faithful discharge of his or her duties in relation thereto.

      Sec. 9.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the said board of city commissioners of said city of Las Vegas is hereby authorized and required to 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 city of Las Vegas, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond No. 1 and consecutively thereafter,

bonds, and to pay and retire, beginning with bond No. 1 and consecutively thereafter, not more than two of said bonds annually 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 city taxes are assessed and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as the “Las Vegas-Boulder Dam Highway Redemption Fund.” Said bonds may be made payable on or before their respective due dates.

      Sec. 10.  It shall be obligatory on the said city and its proper officers to pay in full the accrued interest on said bonds, beginning on the first interest date after their issuance, and thereafter on the first day of July and the second day of January in each and every year until all of said bonds have been redeemed and retired.

      Sec. 11.  Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of city commissioners of said city, be transferred to the street fund.

      Sec. 12.  Whenever the city 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 city clerk, taking her or his receipt therefor, which receipt shall be filed with the clerk of the board of city commissioners, and credit to the treasurer shall be made on the books for the amount so paid.

      Sec. 13.  Should the holder of said bonds or any of them, for any cause whatever, fail to present such bonds to the city treasurer for payment when they become due, all interest on each of such bonds shall immediately cease.

      Sec. 14.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor taxation thereby imposed be omitted until all of the bonds and coupons issued hereunder and by virtue hereof shall be paid in full, as in this act specified.

      Sec. 15.  It is hereby declared to be the intention in the enactment of this act that the cost of the improvement, including also surveying and engineering charges, hereby authorized, shall be paid primarily from the proceeds of the sale of the bonds hereinbefore authorized, and that the city of Las Vegas may reimburse itself for the cost of such improvement, including also surveying and engineering charges, or a portion of such cost including surveying and engineering charges, the amount of such reimbursement to be determined by resolution of the said board of city commissioners, by assessing all or a portion of the cost of the improvement, including such surveying and engineering charges, on the property, whether same be lots, blocks or acreage abutting on the said improvement.

Interest payable annually

Tax to cease; when

Treasurer to redeem and cancel bonds

Interest to cease; when

Faith of state pledged

Proceeds from sale of bonds used primarily

City commissioners may reimburse city by assessments against property

City commissioners to be guided by provisions of certain act

of the cost of the improvement, including such surveying and engineering charges, on the property, whether same be lots, blocks or acreage abutting on the said improvement. In making and collecting any such assessment the said board of city commissioners shall follow that portion of the procedure outlined in the charter of the city of Las Vegas relative to special assessments applicable to such kind of an improvement, commencing with section 61 of an act of the State of Nevada entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, and all acts and parts of acts amendatory thereof and supplemental thereto, eliminating all of the requirements of said act or acts prior to the enactment of the ordinance directing such special assessment to be made, as provided for in said section 61, except that said board of city commissioners shall in the making of such assessment and collection thereof be governed by the provisions of sections numbers 54 and 59 of said above-mentioned act and acts, and proceeding in the making and collection of such special assessment from said section 61, under the remaining and following provisions of said act and acts relative to special assessments applicable thereto; provided, however, that in the issuance of bonds to cover any unpaid assessments, so levied, said board of city commissioners shall be governed by the terms of an act of the State of Nevada entitled “An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied,” approved March 13, 1909, and all acts and parts of acts amendatory thereof and supplemental thereto, except the requirements therein for the adoption of an ordinance declaring the determination to make a public improvement or improvements and declaring therein whether or not bonds shall be issued to pay for the cost of such improvement or improvements as provided in said last-mentioned act or acts. The compliance with the provisions of this act shall be taken and considered as a sufficient determination of the said board of city commissioners of the city of Las Vegas to issue bonds for the unpaid assessments as provided for in said last-mentioned act or acts, and a compliance with the procedure provided for in this act for the making of such special assessments and the collection thereof shall be taken and considered as a sufficient compliance with the provisions of said last-mentioned act and acts wherein it is provided that “the assessments to pay for the cost of such improvements shall be made as provided in the charter of said city or town or act under which the same is incorporated.”

      Sec. 16.  All moneys collected by special assessment, both from assessments paid within the time required by the special assessment proceedings and from the sale of special assessment bonds, other than moneys collected to pay the principal and interest on the bonds provided for in section 15 of this act, shall, after reimbursing the city of Las Vegas for moneys paid out in connection with the making of such special assessments and in connection with the special assessment bond proceedings from such moneys, be placed in said “Las Vegas-Boulder Dam Highway Redemption Fund,” and be used from time to time on the order of said board of city commissioners in the payment of the interest and principal of the bonds issued under the provisions of sections 1 to 14, inclusive, of this act, retiring said bonds in the order above provided for as fast as the principal and interest to the date of the payment of the principal of the respective bond or bonds is paid, where said bonds are made payable on or before their respective due dates, but to be used for the payment of principal and interest on said bonds at their respective due dates of principal and interest, without order of the board of city commissioners where said bonds are not made payable on or before their respective due dates.

      Sec. 17.  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 or ineffective for any cause shall not be deemed to affect, nor shall it affect, any other section or any part thereof.

      Sec. 18.  This act shall take effect and be in force from and after its passage and approval, and nothing contained in the city charter of the city of Las Vegas or general law of the State of Nevada shall be considered as abrogating or nullifying any of the provisions of this act.

Disposition of funds derived from special assessment

Each section to be construed separately

In effect

[Senate Bill No. 3–Senator Henderson]

Chap. 7–An Act to amend an act entitled “An act requiring that certain officers performing legal functions shall possess legal qualifications,” approved March 24, 1909, being section 618 Nevada Compiled Laws 1929, vol. 1.

[Approved February 6, 1931]

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:

Certain officers must be licensed attorneys

Repeal

      Section 1.  No person shall be a candidate for or be eligible to the office of justice of the supreme court, district judge or district attorney unless he shall be a bona fide resident of the State of Nevada and an attorney duly licensed and admitted to practice law in all the courts of this state.

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

Salaries for state employees provided

Appropriation, $30,715

[Assembly Bill No. 50–Committee on Ways and Means]

Chap. 8–An Act to provide for the payment of salaries and expenses of various state institutions and departments accrued during the months of January and February, 1931.

[Approved February 9, 1931]

      Whereas, During the months of January and February, 1931, there were no appropriations to pay the salaries and compensations and commissions of employees of various departments of the State of Nevada, since the first day of January, 1931; and

      Whereas, Proper claims therefor have been or will be regularly submitted to the state board, but the same cannot be paid for the reason that there is no appropriation available, and unless an emergency appropriation is made these claims cannot be paid until the general appropriation is passed and approved; and

      Whereas, All of said claims hereinafter set out in estimate are just and regular demands against the State of Nevada; and

      Whereas, The sum of said claims does, or will, total approximately $30,715, as shown by the following estimate; and

      Whereas, The following are the departments and sums, respectively, which make the total of the amount herein set out: School of industry, $1,770; insurance commissioner, $350; state prison and state police, $6,600; fish and game commission, $1,520; bank examiner, $300; state engineer, $2,500; labor commissioner, $300; board of health, $125; orphans’ home, $1,600; Nevada hospital for mental diseases, $5,500; state vocational education, $2,600; state library, $250; state printing office, $4,000; capitol commissioners, $2,300; department of weights and measures, $300; state free employment bureau, $400; public service commission, $300; now, therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The sum of $30,715 is hereby appropriated out of any moneys in the general fund of the state not otherwise appropriated for the payment of the deficiencies referred to in the preamble hereto, and the state controller is directed to draw his warrant for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrant covering said amounts, and the state treasurer is directed to pay the same.

otherwise appropriated for the payment of the deficiencies referred to in the preamble hereto, and the state controller is directed to draw his warrant for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrant covering said amounts, and the state treasurer is directed to pay the same.

      Sec. 2.  When the budget appropriation for the various departments affected by the provisions of this act shall be made for the period covering the first six months of 1931, the sum hereby appropriated shall be considered as part thereof.

      Sec. 3.  All acts or parts of acts, in so far as they shall conflict with the provisions of this act only, are hereby repealed.

      Sec. 4.  This act shall be deemed an emergency measure and shall become effective immediately upon its passage and approval.

To be considered part of general appropriation

Repeal

In effect

[Senate Bill No. 24–Senator Miller]

Chap. 9–An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to issue bonds to provide for the completion, equipment and furnishing of an addition to the high school building in the town of Hawthorne, Nevada, and authorizing the county board of education of said county to complete, equip and furnish said building, and other matters properly connected therewith.

[Approved February 11, 1931]

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 is hereby authorized, empowered and directed to prepare and issue negotiable coupon bonds of said county, such bonds to be issued on or before the first day of July, 1931, for an amount not to exceed the sum of six thousand ($6,000) dollars, exclusive of interest, for the purpose of providing funds for the completion, equipping and furnishing of the county high school building in the town of Hawthorne in said county.

      Sec. 2.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Mineral County and the board of county commissioners of said county shall, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 3.  The board of county commissioners of said Mineral County shall cause said bonds to be prepared and made ready for issuance.

Bond issue for high school at Hawthorne

Certain boards to execute act

County commissioners to prepare and issue bonds

Denomination of bonds, interest, etc.

County clerk to keep record

Not to be sold at less than par value

“Mineral County High School Building Fund”

County board of education to use money

ready for issuance. Said bonds shall be signed by the chairman of the board, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the original or engraved facsimile signature of said chairman, clerk and treasurer.

      Sec. 4.  Said bonds shall each be for the sum of one thousand dollars. They shall be numbered consecutively from one to six, inclusive, and the interest on the same shall not exceed six per cent per annum, payable annually on the first day of July of each year; both principal and interest shall be payable only in gold coin of the United States; both principal and interest shall be payable only at the office of the county treasurer of said Mineral County. In no case shall any of said bonds run for a longer period than fifteen years.

      Sec. 5.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 6.  The board of county commissioners of Mineral County is hereby authorized to negotiate the sale of said bonds or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of Mineral County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Mineral County High School Building Fund,” and to pay out said moneys only in the manner provided by law for the payment of the “County High School Fund,” and for the purpose for which the same were received.

      Sec. 8.  The county board of education of Mineral County is hereby authorized, empowered and directed to use said moneys arising from the sale of said bonds, or so much thereof as they may deem necessary, for the completion, equipment and furnishing of the county high school building in the town of Hawthorne, Nevada; and any balance remaining in said fund after the completion, equipment and furnishing of said building, shall be turned over and converted into the fund provided by law for running and maintaining said high school in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of high schools in the various counties of this state. And the county board of education of said county is hereby empowered and authorized to lease or rent for any purpose not inconsistent with the proper maintenance of a high school in said building, any part or portion thereof which shall not be required for the maintenance of a high school therein, pending the time when such portion of said building shall be so required for high school purposes; and any and all sums received as rentals therefor shall be paid into the fund provided by law for running and maintaining said high school.

said county is hereby empowered and authorized to lease or rent for any purpose not inconsistent with the proper maintenance of a high school in said building, any part or portion thereof which shall not be required for the maintenance of a high school therein, pending the time when such portion of said building shall be so required for high school purposes; and any and all sums received as rentals therefor shall be paid into the fund provided by law for running and maintaining said high school.

      Sec. 9.  For the purpose of creating a fund for the payment of the principal and interest of the bonds authorized by this act, the board of county commissioners of said Mineral County is hereby authorized and required to levy and collect annually a special tax on the taxable property within said county, including the proceeds of mines, sufficient in amount to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one, and consecutively thereafter, two of said bonds annually, beginning with the first day of July, 1935, 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 of said county in a special fund to be known as the “Mineral County High School Bond Sinking Fund.” It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1932, and thereafter on the first day of July of each year, until all of said bonds have been redeemed and retired. 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. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said sinking fund shall, by the order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said high school at Hawthorne.

      Sec. 10.  Whenever the county treasurer shall redeem any of the bonds issued under the provision of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 11.  The county treasurer of said Mineral County shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

Tax to be levied to pay principal and interest

County treasurer to cancel paid bonds

Treasurer liable on official bond

Faith of state pledged

In effect

shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 12.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full as in this act specified.

      Sec. 13.  For good cause shown this act shall be in effect immediately upon its passage and approval.

Section repealed

[Assembly Bill No. 16–Mr. Alward]

Chap. 10–An Act to repeal section 23 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, being section 9461 Nevada Compiled Laws 1929.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 23 of the above-entitled act is hereby repealed.

Procedure for compromising claims of minors

[Senate Bill No. 25–Senator Henderson]

Chap. 11–An Act authorizing parents to compromise claims of minors against third persons and prescribing the procedure therefor.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Where a minor shall have a disputed claim for money against a third person, the father, and if the father be dead or has deserted or abandoned the minor, then the mother of said minor shall have the right to compromise such claim, but before the compromise shall be valid or of any effect the same shall be approved by the district court of the county where the minor resides upon a verified petition in writing, regularly filed with said court. If the court approves such compromise, the said district court may direct the money paid to the father or mother of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be duly appointed and the money to be paid to such guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor.

or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor. The clerk of the district court shall not charge any fee for filing said petition for leave to compromise or for placing the same upon the calendar to be heard by the court.

[Senate Bill No. 23–Senator Friedman]

Chap. 12–An Act authorizing and directing the county treasurer of Pershing County, Nevada, to transfer certain funds in his possession to the general fund of Pershing County, and other matters relating thereto.

[Approved February 13, 1931]

      Whereas, There is a final balance of $290.04 in the Humboldt County jail bond fund, after all payments assumed by Pershing County; and

      Whereas, There is an unexpended balance of $1,921.16 remaining in the Humboldt County high school bond fund, after all payments assumed by Pershing County; and

      Whereas, There will be some small additional sums coming into said funds, pursuant to budget arrangements; now, therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The county treasurer of Pershing County, Nevada, is hereby authorized and directed to transfer from the Humboldt County high school bond fund and the Humboldt County jail bond fund of said county all of the funds therein to the general fund of Pershing County; and the said treasurer is further authorized and directed to transfer any additional sums that may hereafter accrue to said funds, or either of them, to the general fund of Pershing County. All sums so transferred shall be used as other funds in said general fund.

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

Preamble

County treasurer of Pershing County to transfer certain funds

In effect

Guardian must file petition to sell property of ward

Citation to be served on interested parties

Repeal

In effect

[Assembly Bill No. 11–Mr. Kenny]

Chap. 13–An Act to amend sections 25 and 26 of an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, and being sections 9519 and 9520 Compiled Laws of Nevada 1929.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 25 of the above-entitled act is hereby amended to read as follows:

      Section 25.  To obtain an order for the sale of a ward’s estate, or any part thereof, the guardian must file in the clerk’s office of the district court having jurisdiction a petition therefor, setting forth the condition of the estate of the ward with the facts and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale, which petition shall be verified by the oath of the petitioner, whereupon the clerk shall issue a citation to the next of kin to the ward, if any, in the county, and to all persons interested in the estate who may be in the county, to appear before the court at a time and place therein to be specified, not less than ten days after the date of the citation, to show cause why an order for the sale of such estate should not be granted.

      Sec. 2.  Section 26 of the above-entitled act is hereby amended to read as follows:

      Section 26.  The citation shall be served personally on the next of kin and all persons interested in the estate within the county at least five days before the return day thereof, or, if thought advisable, the court instead may order the service of the citation to be made by the publication thereof, for not less than ten days before the return day, in some newspaper in the county, but if there be no newspaper in the county, then in such newspaper as the court or judge may designate.

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

      Sec. 4.  This act shall take effect and be in force from and after its passage and approval.

[Senate Bill No. 8–Senator Bush]

Chap. 14–An Act fixing and regulating the salary of the sheriff of Humboldt County, and fixing and regulating the appointment and salaries of deputies of the sheriff of Humboldt County, and repealing certain acts in relation thereto.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  From and after the approval of this act the sheriff of Humboldt County shall receive the salary of three thousand dollars per year, payable monthly, in twelve equal installments, on the first day of each month. He shall be allowed to appoint one deputy who shall receive a salary of twenty-one hundred dollars ($2,100) per annum, payable monthly, in twelve equal installments, on the first day of each month, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of such additional deputies shall not exceed five dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

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

Salary of sheriff of Humboldt County; deputies

In effect

[Assembly Bill No. 9–Mr. Kenny]

Chap. 15–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, and all acts amendatory thereof or supplemental thereto, by adding thereto a new section to be known as section 107 1/2, and to be section 9706a Nevada Compiled Laws 1929.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 107 1/2, which section shall read as follows:

      Section 107 1/2.  In case an executor or administrator dies, resigns, or is removed after the expiration of the time for the publication of the notice to creditors, as provided in sections 107 and 270 of this act, his successor need give no further notice.

One notice to creditors sufficient

Repeal

In effect

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

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

Passes, rebates, etc., prohibited

Exception

[Assembly Bill No. 8–Mr. Kenny]

Chap. 16–An Act to amend section 21 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 being section 6121 Nevada Compiled Laws 1929.

[Approved February 13, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 21 of the above-entitled act is hereby amended so as to read as follows:

      Section 21.  It shall be unlawful for any person, firm, or corporation engaged in business as a common carrier to give or furnish any state, district, county or municipal officer of this state, or to any person, other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation; provided, however, that nothing herein shall prevent the carriage, storage, or hauling of freight free or at reduced rates for the United States, the State of Nevada or any political subdivision thereof, or for charitable purposes, or for fairs and expositions, or household goods and supplies, the property of employees, the equipment of a contractor under contract with a common carrier for use under such contract, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination. This act shall not be construed as preventing railroads from giving free transportation or reduced rates to ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., state officers of each recognized military ex-service organization, including ladies’ auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, students of public schools, disabled or homeless persons, railroad officers, attorneys, directors or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families.

to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families.

      Upon shipment of live stock, or other property requiring the care of an attendant, the railroad may furnish to the shipper, or such person or persons designated by him, free transportation, including return passage to the place of shipment; provided, that there is no discrimination between such shippers.

      Any person violating the provisions of this section shall be guilty of a misdemeanor and be fined upon conviction not less than one hundred ($100) nor more than five hundred ($500) dollars.

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

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

Livestock attendants may ride free

Penalty

Repeal

In effect

[Assembly Bill No. 24–Mr. Dunseath]

Chap. 17–An Act authorizing and regulating the removal of the offices of resident agents of corporations from one location to another in the same city or town.

[Approved February 18, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The location of the office of any resident agent of corporations in any city or town in this state may be transferred from one address to another, in the same city or town, upon making and executing by such resident agent of a certificate, duly acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the corporations represented by such resident agent, and the address at which such resident agent has maintained the principal office for each of such corporations, and further certifying to the new address to which such resident agency will be transferred and at which new address such resident agent will thereafter maintain the principal office for each of the corporations recited in said certificate. Upon the filing of such certificate in the office of the secretary of state and a copy thereof in the office of the county clerk of the county where the principal place of business is located, the principal office in this state of each of the corporations recited in said certificate shall be located at the new address of the resident agent thereof as given in the certificate. No fees shall be charged by the secretary of state or county clerk for filing said certificate.

Location of office of resident agent may be changed; procedure

In effect

charged by the secretary of state or county clerk for filing said certificate.

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

Preamble

Franchise of Ely light and power company extended for fifty years

[Assembly Bill No. 25–Messrs. Georgetta, Wheeler, Moorman and Branson]

Chap. 18–An Act to continue the right of Ely light and power company to supply electric light, heat and power to the city of Ely and its inhabitants and to the county of White Pine for fifty years from July 1, 1931.

[Approved February 18, 1931]

      Whereas, Ely light and power company is now supplying, and for many years last past has supplied, electricity, light, heat and power to the city of Ely and the county of White Pine, Nevada, under a franchise; and

      Whereas, Said franchise will expire in the month of January, 1932; and

      Whereas, There is no provision in law for the renewal of said franchise; therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The terms and duration of the franchise right and privilege of the Ely light and power company, under which it is engaged in the business of supplying electric light, heat and power to the city of Ely and to the inhabitants thereof, and to the inhabitants of White Pine County, is hereby extended for a period of fifty years from and after the first day of July, 1931, and the franchise right and privilege of supplying electric light, heat and power to said city of Ely and to the inhabitants thereof and to the inhabitants of White Pine County, and to do all things properly incident thereto, is hereby granted to said Ely light and power company, its successors and assigns, for the term of fifty years.

[Senate Bill No. 30–Senator Dressler]

Chap. 19–An Act authorizing the refund of water district funds from county treasuries to water users and claimants on the Carson river and in like cases, and regulating the procedure therefor.

[Approved February 19, 1931]

      Whereas, On March 28, 1927, the state engineer filed in the First judicial district court of the State of Nevada, in and for the county of Ormsby, his order of determination in the matter of the determination of the relative rights of claimants and appropriators of the waters of the Carson river and its forks; and

in and for the county of Ormsby, his order of determination in the matter of the determination of the relative rights of claimants and appropriators of the waters of the Carson river and its forks; and

      Whereas, In the years 1927, 1928 and 1929 the state engineer recommended the appointment of and the governor appointed water commissioners in the several water districts embraced and included in the said order, to wit, in Lyon, Ormsby and Douglas Counties, and said commissioners entered upon the discharge of their duties; and

      Whereas, Pursuant to law and the budgets of the state engineer the boards of county commissioners in the said counties affected by said order did regularly assess and levy a charge, tax and assessment against the claimants and property or acreage served and to be served and administered, and the proper officers of the respective counties collected said taxes, assessments and charges and the proceeds were deposited in the respective county treasuries as water district funds for the purpose of paying bills and proper charges against said funds as certified by the state engineer and approved and allowed by the respective appropriate boards of county commissioners; and

      Whereas, On April 6, 1929, an application for a writ of prohibition was made to the supreme court of Nevada in the matter entitled “Mexican Dam and Ditch Company, a corporation, vs. The District Court of the First Judicial District of the State of Nevada, in and for the County of Ormsby, and Honorable G. A. Ballard, Judge thereof, No. 2867,” and thereafter on July 1, 1930, the said court entered judgment awarding said writ and ordering said order of determination referred back to the state engineer for a complete determination, and prohibiting the district court from proceeding further, otherwise, in said matter; and

      Whereas, By said writ of prohibition and the removal of said matter from court the state engineer was in effect held to have no right to certify any bills or charges against any water district funds for the said years of 1928 and 1929, and there was no authority to further disburse the same, and said funds and moneys not theretofore disbursed remained in said funds and still so remain without authority for either their disbursement or their surrender and refund to those who paid the same; and

      Whereas, The said water district funds were the proceeds of such taxes, assessments and charges collected for the tax years 1927, 1928 and 1929, and certain bills and claims were regularly certified and allowed and paid therefrom, leaving balances on hand consisting of a part of the collections for the tax years 1928 and 1929, and the water commissioners’ salaries and the expenses and claims accruing over said period have been fully paid and discharged and no lawful expense, claim or salary remains outstanding or unpaid in said matter; now, therefore,

Refund of water district funds on Carson river provided for

Boards of county commissioners to make refunds in certain cases

Manner of making refunds

Rights of aggrieved person

Repeal

expense, claim or salary remains outstanding or unpaid in said matter; now, therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  That whenever, in the case of any order of determination of relative rights of claimants or appropriators of the waters of the Carson river and its forks, affecting the water districts mentioned and referred to in the preamble of this act, or in any like case affecting the Carson river or its forks directly, the state engineer is or shall be prohibited from or lawfully prevented from administering said stream system under the orders or protection of any court, or prohibited from or lawfully prevented from certifying claims against water district funds, and the appropriate boards of county commissioners are unable to approve bills for such claims, and payment of such claims cannot be made out of such funds, and by reason of any of these things moneys and balances remain in such funds, it shall be lawful to refund said moneys and balances and the appropriate boards of county commissioners are authorized and directed to refund the same.

      Sec. 2.  The refunds mentioned in section 1 shall be made in the manner following, that is to say:

      Whenever it shall appear to a board of county commissioners of any county in the state that there remain water district funds in the county treasury, collected for the payment of claims and expenses in water districts in connection with the state engineer’s administration of waters and water rights affecting the Carson river as set forth in the preamble of this act, or in any like case directly affecting the Carson river and its forks, and that there is no lawful authority to disburse the same or to refund the same to those who paid the same, as described in the preamble of this act, said board of county commissioners of any such county are hereby authorized and directed to refund the said moneys to the individuals and persons who paid the same in the proportion and extent, so near as practicable, as the said funds and moneys were collected from and paid by the said claimants and water users concerned. The county officers shall disburse said funds upon orders of the county commissioners out of said funds and not otherwise.

      Sec. 3.  If any person shall feel aggrieved by the action taken, or the failure to act, of any such board of county commissioners, respecting any such refund or repayment, an action may be prosecuted thereon for and on behalf of any such person against said respective county as in the case of rejected claims.

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

      Sec. 5.  This act shall take effect and be in force immediately on and after its passage and approval by the governor.

In effect

[Assembly Bill No. 61–Mr. Kleppe]

Chap. 20–An Act to repeal section 9a of an act entitled “An act regulating the sale of agricultural seeds; designating the state quarantine officer as the administrator of this act and defining his powers and duties; defining agricultural seeds, noxious weeds, weed seeds, diseases and labels; providing for the labeling of agricultural seeds; setting certain standards of purity and germination for agricultural seeds and providing for the testing thereof; making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto,” approved March 29, 1929.

[Approved February 19, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 9a of the above-entitled act, being a portion of section 406 Nevada Compiled Laws 1929, is hereby repealed.

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

Section repealed

In effect

[Senate Bill No. 7–Senator Friedhoff]

Chap. 21–An Act prescribing the conditions and restrictions under which vaults, crypts or mausoleums for the permanent entombment of human bodies may be constructed or maintained, and fixing penalties for failure to comply therewith, and defining the duties of the state board of health in relation thereto.

[Approved February 19, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  No person, firm or corporation shall build, construct, or erect any mausoleum, vault, crypt or structure intended to hold or contain dead human bodies, which shall be wholly or partially above the surface of the ground, except in compliance with the rules and regulations of the state board of health governing their location, materials and construction. The state board of health is hereby authorized and empowered to adopt and enforce such rules and regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures;

State board of health to regulate construction of mausoleums, vaults, etc.

Proviso

Plans to be approved prior to construction

Certain requirements necessary

Duties of state board of health

Must obtain certificate of state board of health

Procedure when declared menace to public health

regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures; provided, the proper local officials of any township, incorporated village or city shall have the authority to make and enforce such additional ordinances, by-laws, rules or regulations as they may deem necessary not inconsistent with this act or with any rule or regulation adopted or prescribed by the state board of health.

      Before commencing the building, construction or erection of the same, full detailed plans and specifications of such structure shall be presented to the state board of health for its examination and approval. The approval of the said plans and specifications of such structure shall be evidenced by a certificate in writing, signed by the executive officer of the state board of health.

      Sec. 2.  All crypts or catacombs placed in a mausoleum, vault or other burial structure, as described in section 1 of this act, shall be so constructed that all parts thereof may be readily examined by the state board of health, or any other health officer, and such crypts or catacombs, when used for the permanent interment of a deceased body or bodies, shall be so hermetically sealed that no offensive odor or effluvia may escape therefrom.

      Sec. 3.  The state board of health shall have supervisory control over the construction of any such mausoleum, vault or crypt, and it shall be the duty of said board to see that the approved plans and specifications are in all respects complied with; to appoint an inspector under whose supervision such mausoleum, vault or crypt shall be erected, and to determine the amount of compensation of said inspector. Said compensation shall be paid by the person, firm or corporation erecting such mausoleum, vault or crypt. No departure or deviation from the original plans and specifications shall be permitted except upon approval of the state board of health, evidenced in like manner and form as the approval of the original plans and specifications.

      No mausoleum, vault, crypt or structure so erected as aforesaid shall be used for the purpose of interring or depositing therein any dead body until there shall have been obtained from the state board of health a final certificate, signed by the executive officer of the board, stating that the plans and specifications, as filed, have been complied with and that the maintenance fund required by this act has been deposited with the proper city or county official.

      Sec. 4.  Whenever any mausoleum, vault, crypt or structure heretofore erected, and containing one or more deceased human bodies, shall, in the opinion of the state board of health, become a menace to public health, any court of competent jurisdiction may order the person, firm or corporation owning said structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt.

or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt. And if no such person, firm or corporation can be found in the county where such mausoleum, vault or crypt may be located, then such removal and interment shall be at the expense of the cemetery or cemetery association, county, city or town where such mausoleum, vault or crypt may be situated.

      Sec. 5.  There shall be deposited with the city treasurer or, where said mausoleum, vault or crypt is to be erected in territory not under the jurisdiction of any city, then with the county treasurer of the county in which such mausoleum, vault, crypt or structure is to be constructed, a maintenance fund in such sum as shall be determined and fixed by the said state board of health, which said fund shall be held and invested by the said city or county treasurer for the benefit of and care for such mausoleum, vault or crypt, and the income thereof paid annually or less frequently as the cemetery or other committee having in charge such mausoleum, vault or crypt may require for the care and upkeep of said structure.

      Sec. 6.  Any person, any member of a firm, or any officer or director of a corporation failing to comply with each and every provision of this act shall be personally liable therefor, and shall, upon the conviction thereof, be deemed guilty of a misdemeanor. Violation of any of the provisions of this act shall be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by confinement in the county jail not less than ten days nor more than six months or by both such fine and imprisonment.

      Sec. 7.  This act shall take effect and be in force from and after its passage and approval.

Maintenance fund to be deposited with county treasurer

Penalty for violation

In effect

Section repealed

[Assembly Bill No. 18–Mr. Georgetta]

Chap. 22–An Act to repeal section 20 of an act entitled “An act providing for the creation of a state barber’s health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, being section 779 Nevada Compiled Laws 1929.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 20 of the above-entitled act is hereby repealed.

Summary administration may be ordered when value of estate not in excess of $3,000

[Assembly Bill No. 29–Mr. Kenny]

Chap. 23–An Act to amend section 270 of “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, being section 9870 of Nevada Compiled Laws 1929.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 270 of the above-entitled act is hereby amended so as to read as follows:

      Section 270.  When it shall be made to appear to the court or judge, by affidavit or otherwise, that the value of an estate does not exceed three thousand dollars, the court or judge may, if deemed advisable, make an order for a summary administration of such estate, dispensing with all regular proceedings and notices, except the notice of appointment of executor or administrator, which shall be given by publication for four weeks; provided, the cost does not exceed five dollars. Creditors of such an estate must file their claims, due or to become due, with the clerk, within forty days after the first publication of said notice, and within five days thereafter the executor or administrator must act on the claims filed, and present them in three days thereafter to the judge for his action. Any claim which shall not be filed within said forty days shall be barred forever. The judge or court may, however, if deemed proper, order the notice herein provided for to be given by posting, instead of by publication.

of by publication. The court or judge must be satisfied that proper notice has been given before decreeing distribution of the estate and discharging the executor or administrator. Every claim which shall have been filed as above provided, allowed by the executor or administrator, and approved by the judge, shall then, and not until then, be ranked as an acknowledged debt of the estate, and to be paid in due course of administration. The administration of the estate may be closed and distribution made at any time after the expiration of the time for the judge to act on the claims, when it shall appear to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate in condition to be finally settled. The total of fees and costs of the clerk in a summary administration shall not exceed fifteen dollars. The provisions of this section shall apply only to estates of which summary administration shall be ordered.

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

Proper notice must be given

In effect

[Senate Bill No. 10–Senator Henderson]

Chap. 24–An Act to amend section 285 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, as amended, being section 8783 Nevada Compiled Laws 1929, vol. 4.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 285 of the above-entitled act is hereby amended to read as follows:

      Section 285.  Upon a trial of a question of fact by the court, its decision must be given within thirty days after the cause is submitted for decision.

      Sec. 2.  This act shall become and be effective on and after passage and approval.

Question of fact decided, when

In effect

Findings of fact may be waived

Court may add to or modify findings

In effect

[Senate Bill No. 11–Senator Henderson]

Chap. 25–An Act to amend section 286 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, as amended, being section 8784 Nevada Compiled Laws 1929, vol. 4.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 286 of the above-entitled act is hereby amended to read as follows:

      Section 286.  Findings of fact may be waived by the several parties to an issue of fact.

      1. By failing to appear at the trial.

      2. By consent in writing, filed with the clerk.

      3. By oral consent, in open court, entered in the minutes.

      In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties who have appeared in the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration or such five days.

      The court may, however, at any time before said findings are signed, add to or modify the findings in any respect so as to make the same conform to the issues presented by the pleadings and to the evidence adduced at the trial. No such additions to, or modifications of, the findings shall be made unless a notice in writing specifying generally the additions or modifications desired shall have been served on the adverse party or his attorney of record.

      Sec. 2.  This act shall become and be effective on and after passage and approval.

[Senate Bill No. 58–Senators Bush, Fairchild and Friedman]

Chap. 26–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 547 of the above-entitled act, the same being section 5489 of the Revised Laws of Nevada (1912), as amended by chapter 77, 1925 Statutes of Nevada, pages 114, 115, and being section 9036 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 547.  It shall be lawful for any district judge of this state at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his court that he may have left unsigned at the time of his going out of office; also, to sign and settle bills of exception subject to the same regulations and restrictions that now are or hereafter may be prescribed by law. All judges about to retire from office by reason of resignation or the expiration of their term shall, before such retirement, decide all cases and matters submitted to them and remaining undetermined, and such decision or decisions shall be entered in the minutes of the court, and, if in writing, filed with the clerk of said court before such retirement, and cause the clerk of said court to serve upon all parties to such case or matter, in the manner provided by law, notice of such decision with a true copy of such minutes or of such written decision within ninety (90) days from and after such decision shall have been so entered in such minutes or said written decision so filed, and such parties, or either or any of them, entitled by law or by lawful order of court duly made and entered before such retirement to present to such judge written findings of fact, conclusions of law, and judgment and decree, may at any time within eight (8) months from and after such entry or filing of decision deliver to such retiring judge and serve upon all the other parties to any such case or matter, in the manner provided by law, such written findings of fact, conclusions of law, and judgment and decree as they or either or any of them may propose in such case or matter or on any matter litigated and determined therein; and, in any such case or matter so decided, such other parties thereto so served with such proposed written findings of fact, conclusions of law, and judgment and decree, or either or any of them, may at any time within thirty (30) days from and after such service of said proposed written findings of fact, conclusions of law, and judgment and decree deliver to such retiring judge such written objections and/or exceptions thereto as may legally be made and taken pursuant to law and serve the same upon the opposite party or parties in any such case or matter, in the manner provided by law; and thereafter at any time within twelve (12) months after such case shall have been so decided and such decision so entered in the minutes of said court or such written decision so filed, such former judge so having retired from office may hear, rule upon, allow and determine such objections and/or exceptions as may have been so delivered to him and so served upon such opposite party or parties, and settle, sign, and enter the final written findings of fact, conclusions of law, and judgment and decree and file same with the clerk of the district court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by such former district judge; and the acts of such judge in so hearing, ruling upon, allowing and determining such objections and/or exceptions, and in so settling and signing such final written findings of fact, conclusions of law, and judgment and decree so settled and signed by him, and also in making any lawful order incident thereto, shall be valid for all purposes as if done prior to his retirement from office.

Judge may perform certain acts after term expires

Orders, etc., filed with clerk; procedure in case of death of judge

Appeal may be taken within six months after filing of final judgment or decree

Repeal

In effect

of the district court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by such former district judge; and the acts of such judge in so hearing, ruling upon, allowing and determining such objections and/or exceptions, and in so settling and signing such final written findings of fact, conclusions of law, and judgment and decree so settled and signed by him, and also in making any lawful order incident thereto, shall be valid for all purposes as if done prior to his retirement from office. In case of the death of a district judge after he has rendered and filed a decision or opinion or caused the same to be entered in the minutes of the court and before the filing of findings, or the entry of judgment, the succeeding judge of the court in which such cause was tried shall make an examination of the decision or opinion, the minutes of such cause, the pleadings, the record and reporter’s notes taken therein, if any, and shall sign and settle the findings, and cause judgment to be entered in the same manner as if such succeeding judge had presided at the trial of the cause.

      Sec. 2.  In any such case of retirement from office of a district judge, or of his death, or of his ceasing, for any cause, to exercise the duties and functions of his office, and the entry of judgment and decree thereafter as provided for in section 1 of this act, the party or parties entitled under the law to appeal from any final judgment and decree, may take an appeal in the manner provided for by law from any such judgment and decree so entered, signed and filed at any time within six months after the filing of such final judgment and decree with the clerk of the district court where said case or matter was pending.

      Sec. 3.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 4.  This act shall take effect and be in full force and effect from and after its passage and approval.

[Senate Bill No. 31–Senator Heidtman]

Chap. 27–An Act to amend sections 4, 5 and 9 of an act entitled “An act to establish a state board of embalmers; to provide a system of examination, registration and licensing of embalmers; to provide for the better protection of life and health; to prevent the spread of infectious and contagious diseases in the state, and to impose penalties for the violation of its provisions,” approved February 20, 1909; being sections 2668, 2669 and 2673, Nevada Compiled Laws 1929.

[Approved February 20, 1931]

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:

      Section 4.  Examinations-Licenses-Disinfection-Board of Health.  The members of this board shall examine candidates for licenses in the following subjects: Anatomy, sanitary science, the care, disinfection, preservation, transportation of and burial, or other final disposition, of dead bodies, and signs of death; the manner in which death may be determined; the prevention of the spread of infectious and contagious diseases; chemistry, including toxicology; restorative art, including plastic surgery and derma surgery; the rules and regulations of the state board of health relating to infectious diseases and quarantine; and any other subject which the board of embalmers may determine, by rule or regulation, to be necessary or proper in order to prove the efficiency and qualification of the applicant.

      Sec. 2.  Section 5 of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  Idem-Fees-Renewal of License.  Every person who wishes to practice the profession of embalming shall appear before the state board of embalmers and, upon payment of a fee not to exceed twenty-five dollars to cover expenses of examination, be examined in the knowledge of the subjects set forth in section 4 hereof. Such examinations shall be in writing and by actual demonstration on a cadaver. All examination papers shall be kept on record by said state board of embalmers, and if applicant to become an embalmer shall:

      (a) Have attained the age of twenty-one years;

      (b) Be of good moral character;

      (c) Have completed a four years’ course in a duly accredited high school, or a course of education equivalent thereto;

      (d) Have had not less than two years’ practical experience under a licensed embalmer, and have completed the full course of instruction in a school of embalming of class A type as rated by the conference of embalmers’ examining board of the United States;

Board to conduct examinations

Embalmers must pass examination

Requirements for license

Requirements for license

License to issue; renewal; fee

Reciprocity

In effect

course of instruction in a school of embalming of class A type as rated by the conference of embalmers’ examining board of the United States;

      (e) Have actually embalmed at least twenty-five bodies under the supervision of a licensed embalmer prior to the date of examination;

      (f) Have presented affidavits of at least two respectable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character; and

      (g) Have passed such examination;

the said board must issue to said applicant license to practice the profession of embalming for one year. If the applicant desires a renewal of the license the said board shall grant it, except for cause, and the annual fee for the renewal of licenses shall not exceed the sum of five dollars.

      Sec. 3.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  Reciprocity.  Reciprocity may be arranged by the state board of embalmers with states having requirements equivalent to those of Nevada, where the same courtesy is extended to Nevada licenses, upon payment of the fee of twenty-five dollars to the secretary of the said board thereof; but in case of any doubt on the part of the state board an examination shall be had as herein provided.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

County board of education may provide for transportation of pupils

[Senate Bill No. 20–Senator Dolf]

Chap. 28–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

[Approved February 20, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 183 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911 (being section 5828 of the Nevada Compiled Laws 1929), is hereby amended to read as follows:

      Section 183.  The county high school shall be under the same general supervision and shall be subject to the same laws, rules, and regulations governing the other schools of the state school system. The county board of education, with the approval of the board of county commissioners and upon petition of at least 25% of the qualified electors of any county, as shown by the vote cast at the preceding election for member of Congress, requesting such action,

for member of Congress, requesting such action, may include in its annual budget the cost of transporting high school pupils to and from a county high school at the expense of the county, and when the amount of such cost shall be so certified to the board of county commissioners it shall be the duty of the latter board to add to the next county tax such percentage as may be necessary to provide such funds, and the board of education may use the money collected from such tax for the purchase or use of motor vehicles and other necessary equipment, for the employment of drivers and other necessary employees, and in arranging for such transportation by contract or otherwise; and in cases where pupils attending any other school situated in the same city or town as the county high school are transported at the expense of the public, the county board of education and the board of trustees of such other school district may enter into equitable agreements for the joint use of transportation facilities, so as to avoid a duplication of service and secure the maximum benefits from the moneys expended for transportation purposes.

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

To include cost of transportation in annual budget

In effect

[Assembly Bill No. 32–Mr. Noble]

Chap. 29–An Act to amend section 2 of “An act relating to sheriffs,” approved November 28, 1861, being section 2145 Nevada Compiled Laws 1929.

[Approved February 24, 1931]

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.  Before entering upon the discharge of his duties each sheriff shall take the oath of office and give a bond to his county in the penal sum of not less than ten thousand nor more than fifty thousand dollars, with two or more sureties, residing in his county, or by any qualified surety company, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office, which bond shall be filed and recorded in the office of the county clerk of his county.

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

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

Sheriffs must take oath and give bond

Repeal

In effect

Nevada Compiled Laws 1929, legal evidence of law in all state courts

How cited

In effect

[Assembly Bill No. 88–Mr. Dixon]

Chap. 30–An Act declaring the laws published in the Nevada Compiled Laws of 1929 to be legal evidence of the law therein contained, and other matters properly connected therewith.

[Approved February 24, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  That certain compilation of laws of the State of Nevada, authorized by the legislature of the State of Nevada in the regular session of 1929, as the same appears under the title of “Nevada Compiled Laws 1929,” compiled and annotated by Curtis Hillyer, in six volumes, shall be legal evidence of the law therein contained in all the courts of this state, but shall not preclude reference to, or control in case of any difference, the force or effect of any original act as passed by the legislature of this state.

      Sec. 2.  The compilation referred to in section 1 hereof shall be known and designated as “Nevada Compiled Laws 1929,” and for the purposes of brevity may be cited as “N. C. L. 1929.”

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

Fees of county clerk of Churchill County

[Assembly Bill No. 31–Mr. Noble]

Chap. 31–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Churchill County and ex officio clerk of the First judicial district court of the State of Nevada, and providing for the disposition of such fees.

[Approved February 24, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The county clerk of Churchill County and ex officio clerk of the First judicial district court of the State of Nevada shall charge and collect fees as follows:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, fifteen dollars;

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; for every additional defendant appearing separately, two dollars and fifty cents;

      For filing a complaint in intervention, five dollars;

      The foregoing fees shall be paid in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll;

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment;

      For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents;

      For entering judgment by confession, three dollars;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio;

      For issuing execution or order of sale, one dollar; and for copying decree and return, twenty cents per folio;

      For services performed in an action appealed from a justice’s court, ten dollars;

      For services performed in an action transferred from the district court of another county, ten dollars;

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar;

      For filing any paper in any case after judgment, not otherwise provided for, twenty-five cents;

      For issuing transcript of judgment, twenty cents per folio;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For all services rendered in any proceeding had pursuant to sections 9704 of Nevada Compiled Laws 1929, five dollars;

      For services in probate proceedings wherein a summary administration shall be ordered, fifteen dollars;

      For services in probate proceedings not had pursuant to section 9704 of Nevada Compiled Laws 1929, and wherein summary administration is not ordered, twenty-five dollars;

      For services in guardianship proceedings, fifteen dollars;

      For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross petition to the appointment of an executor, administrator or guardian, five dollars;

      The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

Fees of county clerk of Churchill County

Fees of county clerk of Churchill County

Certain fees included

Duties of clerk

Part of fees to go into “Law Library Fund”

In effect; prior law to govern in certain cases

following fees and compensation not otherwise provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

      For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, twenty-five cents each;

      And for all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      Sec. 2.  The foregoing fees shall include the fees provided for and known as “special court fees” in sections 2961 and 2962 of Nevada Compiled Laws 1929.

      Sec. 3.  The clerk shall, on the first Monday of each and every month, pay to the county treasurer the amount of all fees charged by the said clerk during the next preceding month.

      Sec. 4.  On the commencement in or removal to the district court of said county of any civil action, proceeding or appeal, on filing the first paper therein, the clerk of said court shall set aside from the costs received the sum of four dollars in each such case for the “Law Library Fund” of said county as the same is now constituted by law.

      Sec. 5.  This act shall take effect upon its passage and approval; provided, that in all proceedings begun previous to this act becoming a law such fees and charges as were provided by law at the time such action or proceeding was commenced shall be charged and collected until the termination thereof.

[Assembly Bill No. 6–Mr. Hamlin]

Chap. 32–An Act to amend section 5 of an act entitled “An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto,” approved January 27, 1915, being section 7297 Nevada Compiled Laws 1929, and adding thereto additional supplementary sections to be known as sections 5a, 5b, 5c, 5d, 5e, 5f and 5g.

[Approved February 24, 1931]

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 legislative bills and resolutions shall be enrolled in typewriting on sheets of paper sixteen (16) inches by nine and one-half (9 1/2) inches in dimensions with a one and one-half inch (1 1/2) margin on the left-hand side and top and bottom of said sheet, and not more than a one inch (1) margin on right-hand side, ruling to be on both sides of each sheet. The paper shall be the best quality of ledger paper and suitable for making one clear carbon copy. An original and carbon copy shall be made. If the bill embraces more than one of said sheets they shall be temporarily bound together by a metal fastener in the upper left-hand corner which penetrates all the sheets and holds them securely together. All portions of sheets not covered by typewriting shall be ruled off in red ink to prevent insertion of other matter.

      Sec. 2.  There is hereby added to the above-entitled act sections 5a to 5g, to read as follows:

      Section 5a.  Every bill and joint resolution passed by both houses shall be signed, after enrollment, by the respective presiding officers thereof and by the secretary of the senate and chief clerk of the assembly.

      Section 5b.  The complete history of each bill and joint resolution shall be indorsed in typewriting upon the back of the last sheet of the original copy thereof. The duplicate copy of each bill or joint resolution shall be deposited with the secretary of state by the chairman of the enrollment committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, for transmission to the state printer to be used by him in preparation of the volume of statutes enacted at the session of the legislature; provided, the printed bill may by resolution be used as the enrolled bill.

      Section 5c.  The original copy shall then be presented by the chairman of the enrollment committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, to the governor for his action, who may authorize his secretary or legislative counsel to receive and receipt for same in his name.

      Section 5d.  The secretary or other person duly authorized shall indorse by stamp, on the back of said original copy of such bill or joint resolution, over his signature, from whom and which house received, the date and hour of receipt, number of sheets comprising same, and compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, and which shall not exceed the constitutional limit for such action. Within such time limit the bill or joint resolution shall, if approved, be signed by the governor immediately after the signatures of the officials of both houses, as follows:

Size specified for enrolled bills and resolutions

Presiding officers must sign bills and resolutions

Duplicate copies; disposition of

Printed bill may become enrolled bill

Original copy to go to governor

Procedure upon receipt of bill or resolution in governor’s office

Form of approval; filed with secretary of state

Secretary of state to receipt to governor

Procedure when governor does not approve prior to adjournment

Governor may exercise veto powers

May become law after veto

Repeal

In effect

      “State of Nevada, Executive Department, Approved …….......A.M. ...............P.M. ............... (Month) ................ ................. (Day) ................. .................(Year) ................. ................................. (Governor).” Immediately following such approval, without alteration or correction, the bill or joint resolution shall be deposited with the secretary of state, who shall indorse on the back thereof, following the indorsement of the secretary to the governor: “Received and filed........... (Hour) ........... (Month) ........... (Day) ........... ........... (Year) ........... .................................Secretary of State.”

      Section 5e.  The secretary of state, or such deputy or clerk as he shall designate in writing, shall receipt to the governor for all bills and joint resolutions received, noting the number of such bill or resolution, the house wherein same originated, the number of pages contained therein and the hour and date received, and such receipt shall be retained in the governor’s office for at least six years.

      Section 5f.  If the governor does not approve any bill or joint resolution within five days, Sundays excepted, after it shall have been presented to him, it shall become a law without his signature, unless he shall have returned it to the house in which it originated, with his objections thereto, and which shall be entered in its journal. Such house shall thereupon proceed to reconsider such vetoed bill or joint resolution, and if thereafter it shall again pass both houses by a two-thirds vote of the members elected to each house, it shall become a law notwithstanding the objections of the governor, and shall be delivered by the chairman of the enrolling committee direct to the secretary of state for filing, and who shall receipt to such chairman therefor.

      Section 5g.  If the legislature shall, by its final adjournment, prevent the return of a bill or joint resolution within five days after delivery to the governor, Sundays excepted, it shall become a law without his signature, unless within ten days next after the adjournment, Sundays excepted, he shall file such bill with his objections thereto with the secretary of state, who shall lay the same before the legislature at its next regular session in like manner as if it had been returned by the governor direct to the house in which it originated; and if such bill or joint resolution shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law, and shall be delivered by the chairman of the enrolling committee direct to the secretary of state for filing, and who shall receipt to such chairman therefor.

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

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

[Senate Bill No. 57–Senator Winters]

Chap. 33–An Act to provide for the graveling and oiling of portions of certain streets in the city of Carson, State of Nevada, making an appropriation therefor, and other matters properly connected therewith.

[Approved February 25, 1931]

      Whereas, The city government of the city of Carson is willing to take care of the expense of the construction of gutters, and the arranging for shoulders thereon, in the proposed construction of certain street work designated in the body of this act; and

      Whereas, There is now an opportunity to construct the said street work at a great saving of expense to the city of Carson and the State of Nevada on account of material and equipment now on hand in the vicinity of the proposed work belonging to certain highway contractors; and

      Whereas, There is urgent need for the construction of the performance of the proposed work herein referred to; now, therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act the state highway engineer is authorized and directed to proceed with the graveling and oiling of the following portions of the certain streets in the city of Carson, State of Nevada, to wit: Beginning at the east edge of the present pavement at the intersection of Carson and Musser streets, thence easterly along the centerline of East Musser street a distance of 439 feet to the intersection with Fall street, thence southerly along the centerline of Fall street, a distance of 486 feet to the intersection with East Second street, thence westerly along the centerline of East Second street a distance of 439 feet to the east edge of the present pavement at the intersection of East Second and Carson streets, with a surface width of thirty feet to be graveled surface and oil, constructed in such manner as shall be approved by the state highway engineer of the State of Nevada.

      Sec. 2.  For the purpose of carrying into effect the provisions of section 1 of the above-entitled act, there is hereby appropriated out of the general fund of the State of Nevada, not otherwise especially set aside, the sum of thirty-three hundred ($3,300) dollars, or so much thereof as may be necessary to carry out the provisions of this act.

      Sec. 3.  The state highway engineer is hereby authorized and directed to draw his order on the state controller for the sum necessary to carry out the provisions of this act, and the state controller is directed to issue his warrant therefor upon the state treasurer and the state treasurer is hereby directed to pay the same.

Preamble

State highway engineer to improve certain streets in Carson City

Appropriation $3,300

Duties of controller and treasurer

In effect

upon the state treasurer and the state treasurer is hereby directed to pay the same.

      Sec. 4.  This act shall take effect and be in full force from and after its passage and approval.

Lander County commissioners to appoint night watchman for Battle Mountain

Compensation of night watchman

In effect

Repeal

[Senate Bill No. 56–Senator Getchell]

Chap. 34–An Act to amend an act entitled “An act authorizing the county commissioners of Lander County, Nevada, to appoint a night watchman for the town of Battle Mountain upon receipt of petition therefor, to fix the salary of night watchman, and prescribing what said petition shall contain,” approved February 20, 1913, making such night watchman chief of Battle Mountain fire department, and other matters relating thereto.

[Approved March 2, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section one of said act is amended to read as follows:

      Section 1.  Upon receipt of a petition as hereinafter described the board of county commissioners of Lander County, Nevada, is hereby authorized and required to appoint a night watchman for the town of Battle Mountain in said county, who, also, shall be chief of the Battle Mountain fire department.

      Sec. 2.  Section two of said act is amended to read as follows:

      Section 2.  The compensation of said night watchman including the duties required of him as chief of said fire department is to be one hundred and fifty ($150) dollars per month, in full for all services rendered by him.

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

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

[Senate Bill No. 62–Committee on Banks and Banking]

Chap. 35–An Act to amend an act entitled “An act to regulate banking and other matters relative thereto,” approved March 22, 1911, with the amendments thereto.

[Approved March 2, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 35 of the above-entitled act, being section 684 of Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 35.  No bank official shall give preference to any depositor or creditor by pledging the assets of the bank as collateral security or otherwise; provided, however, that any bank may secure funds deposited with such bank by the United States, state, or counties of the state by pledging acceptable assets of the bank as collateral security; provided further, that any bank may borrow money for temporary purposes, not to exceed the amount of its paid-up capital, and may pledge any of its assets as collateral security therefor; provided further, that when it shall appear that a bank is borrowing habitually for the purpose of conducting its business, the bank examiner may require such bank to pay off such borrowed money. Nothing herein shall prevent any bank from rediscounting in good faith and indorsing any of its negotiable notes.

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

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

No discrimination as to depositors or creditors

Repeal

In effect

[Assembly Bill No. 109–Mr. Hussman]

Chap. 36–An Act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The surveyor general is authorized and directed to represent the State of Nevada in negotiating and entering into an agreement with the federal government for the purpose of securing cooperation in the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada, owning lands therein, as are necessary in carrying out the terms of the federal agreement or that will otherwise promote and encourage the protection from fire of forest and other lands having an inflammable cover.

Surveyor general to cooperate in fire prevention

County commissioners to aid in forest protection

May enter into agreement with federal government

Travel expense allowed surveyor general

Authority defined

In effect

commissioners, municipalities, organizations and individuals in the State of Nevada, owning lands therein, as are necessary in carrying out the terms of the federal agreement or that will otherwise promote and encourage the protection from fire of forest and other lands having an inflammable cover.

      Sec. 2.  Any board or boards of county commissioners of the State of Nevada are authorized to enter into cooperative agreements with said surveyor general, acting for the state, also with municipalities, other counties, organizations and individuals to prevent and suppress outdoor fires, and are further authorized to appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction and maintenance of forest protection improvements and equipment, and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the surveyor general incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      Sec. 3.  The surveyor general and the boards of county commissioners, either separately or collectively, are authorized to enter into agreements with the United States forest service to provide for placing any or all portions of the forest protection work under the direction of the forest service, under such terms as the contracting parties deem equitable, and are authorized to place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the forest service for disbursement by that agency for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      Sec. 4.  The surveyor general is authorized, in carrying out the provisions of this act, to use such existing clerical and other office service as is under his direction, and to expend for travel expense such sums as may be necessarily incurred for this purpose.

      Sec. 5.  Any authority granted by this act for entering into cooperative agreements shall be deemed to include authority for canceling, modifying and renewing such agreements.

      Sec. 6.  This act shall take effect and be in full force from and after its passage and approval.

[Assembly Bill No. 77–Mr. Hussman]

Chap. 37–An Act to amend an act entitled “An act to provide for the government of the state prison of the State of Nevada,” approved March 7, 1873, as amended Stats. 1877, page 67, and Stats. 1893, page 101, and to repeal all acts and parts of acts in conflict therewith, and being sections 11453 and 11454 Nevada Compiled Laws 1929.

[Approved March 3, 1931]

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 to read as follows:

      Section 4.  The warden shall take charge of the state prison promptly after his appointment, and shall hold office until his successor is appointed and qualified. He shall be subject at all times to the order and direction of the state board of prison commissioners, and shall be the chief executive officer of and reside at the prison.

      Sec. 2.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  The warden shall have the general superintendence of prison discipline and prison labor, shall have the power to engage and remove all employees, including a matron (who may be his wife), whenever there shall be female prisoners confined in said prison; shall keep, or cause to be kept, records whereon shall be recorded the name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features, nativity (state, county or city, or country, province or city), occupation, read, write, date of sentence, name of judge passing sentence, county from whence committed, the crime charged, date of incarceration, term of imprisonment, expiration date of minimum and maximum terms of imprisonment of all prisoners, and such other desirable or pertinent information as may be necessary; shall make out a correct monthly report of the same, and file same with the secretary of the board of prison commissioners; shall securely and carefully file in his office all commitments of prisoners that may be sent to the state prison; shall furnish a like statement regarding each individual prisoner, promptly after the receipt of such prisoner at the state prison, to the secretary of the state board of pardons and parole commissioners, for recording and filing in such office.

      Sec. 3.  All acts and parts of acts, in so far only as they conflict with the provisions of this act, are hereby repealed.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval by the governor.

Warden, appointment of

Duties of warden

Repeal

In effect

Property exempt from taxation

Certain mines and mining claims

Churches, etc.

Proviso

Secret societies

Free cemeteries

[Assembly Bill No. 86–Mr. Cobb]

Chap. 38–An Act to amend section 5 of 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, as amended, being section 6418 Nevada Compiled Laws 1929.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 6418 Nevada Compiled Laws 1929, is hereby amended so as 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; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to any one 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.

family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to any one 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.

      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, and that the total value of all property of affiant within this state is less than four thousand dollars.

      Eighth-There shall also be exempt from taxation all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.

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

Widows, orphans and the totally blind

War veterans

University fraternities

In effect

State to cooperate with federal government in mineral survey; appropriation $20,000

Appropriation available only under certain conditions

Who may enter into agreement

Claims to be approved; duties of controller and treasurer

State printer to publish reports

In effect

[Senate Bill No. 61–Committee on Mines and Mining]

Chap. 39–An Act to provide for the investigation of mineral resources of the State of Nevada and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and providing an appropriation for the expense thereof.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  For the purpose of making an investigation of the mineral resources of the State of Nevada and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and otherwise investigating mineral and geological conditions within the said state, there is hereby appropriated out of the general fund in the state treasury, from moneys not otherwise appropriated, the sum of twenty thousand ($20,000) dollars for cooperation with the United States geological survey.

      Sec. 2.  This appropriation shall be contingent upon and not available unless the United States government apportions an equal or greater amount to be expended within the State of Nevada for such recognizance and surveys and investigation.

      Sec. 3.  The governor, attorney-general and the director of the Mackay school of mines are hereby authorized to formulate and enter into such agreement with the director of the United States geological survey or other party representative of the federal government as shall insure economical expenditure and promptness of publications of the results of such investigation, recognizance and surveys.

      Sec. 4.  All claims against said appropriation shall be approved by the governor, attorney-general and director of the Mackay school of mines, and when so approved, and approved by the state board of examiners, the state controller is directed and authorized to draw his warrant for the amount of such claim, and the state treasurer is hereby authorized and directed to pay the same.

      Sec. 5.  When reports of such recognizance, surveys and investigation, and such topographical maps as shall be made thereunder shall have been completed by the United States geological survey, the state printing office shall publish such additional copies thereof as the state board of examiners shall direct for distribution to the citizens of the State of Nevada.

      Sec. 6.  This act shall be effective on and after its passage and approval.

[Senate Bill No. 28–Senator Friedhoff]

Chap. 40–An Act defining the duties of cemetery corporations or associations receiving funds for the perpetual care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing a penalty for the violation thereof, and repealing all acts or parts of acts in conflict herewith.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Any cemetery corporation or association under contract for the perpetual care of a certain lot or lots in the cemetery of said corporation or association is hereby expressly forbidden to use the funds received for the perpetual care of any lot or lots under such contract or contracts for any other purpose than to provide the perpetual care mentioned in said contract, and from and after the passage of this act it shall be the duty of the board of directors or board of trustees of a cemetery corporation or association receiving funds from perpetual care contracts to invest or reinvest such funds in bonds of the United States or the bonds of this state or the bonds of other states of the Union or the bonds of counties or municipalities of the states of the Union, providing that pending such investment as herein provided, such funds may be deposited in any savings bank in this state.

      Sec. 2.  Any member of a board of trustees or any officer or director of a corporation or association violating any of the provisions of this act shall be personally liable therefor, and shall upon conviction thereof be deemed guilty of a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by confinement in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

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

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

Duties of cemetery associations regarding funds for perpetual care of lots

Penalty for violation of provisions of act

Repeal

In effect

Causes for granting new trial

[Assembly Bill No. 10–Mr. Kenny]

Chap. 41–An Act to amend section 384 of an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 11032 Compiled Laws of Nevada 1929.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 384 of the above-entitled act is hereby amended so as to read as follows:

      Section 384.  The court in which a trial is had upon the issue of fact, has power to grant a new trial where a verdict has been rendered against the defendant upon his application, in the following cases only:

      1.  When the trial has been had in his absence, if the indictment be for a felony;

      2.  When the jury has received any evidence out of court other than that resulting from a view, as provided in section 341;

      3.  When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and due consideration of the case;

      4.  When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all of the jurors;

      5.  When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial;

      6.  When the verdict is contrary to law or evidence, but if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed;

      7.  When new evidence shall have been discovered material to the defendant and which he could not, with reasonable diligence, have discovered and procured at the trial. When a motion for a new trial is made upon the grounds of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.

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

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

Repeal

In effect

[Assembly Bill No. 67–Messrs. Mulcahy and Malone]

Chap. 42–An Act to authorize the county commissioners of Washoe County, Nevada, to issue bonds to provide for erecting and constructing a public library building at Sparks, Nevada, and furnishing the same, demolish or remove the old Reno public library building, etc., and authorizing the issuance of bonds to provide for paying for the foregoing.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  For the purpose of erecting and constructing a public library building at Sparks, Nevada, and for furnishing the same, and tearing down or removing the old Reno public library building, the county commissioners of Washoe County are hereby authorized, empowered and directed, within sixty days after the passage of this act, to issue bonds in the name of said county of Washoe, not to exceed in amount twenty-five thousand dollars ($25,000), which bonds shall be known as “Sparks Public Library Bonds.” Said bonds and interest thereon shall be payable only in lawful money of the government of the United States of America.

      Sec. 2.  The said commissioners shall cause said bonds, or as many thereof as shall be necessary to accomplish the objects and purposes of this act, to be prepared, and they shall be signed by the chairman of the board of county commissioners, signed by the clerk of Washoe County, and authenticated with the seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively, and signed in facsimile by the treasurer of said Washoe County.

      Sec. 3.  The said commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as “Sparks Public Library Fund,” and shall be used only for the purpose of carrying out the provisions of this act. It shall be paid out only on warrants drawn by the Washoe County auditor in payment of bills contracted in pursuance of the provisions of this act.

$25,000 bond issue for public library building at Sparks, Nevada

County commissioners to prepare bonds

Bonds to be sold at not less than par value

Denomination of bonds

Tax levy for payment of principal and interest

Faith of state pledged

Disposition of balance remaining in fund

      Sec. 4.  The said bonds shall be of the denomination of one thousand dollars ($1,000) each; they shall be numbered consecutively, and shall bear interest at the rate of not more than six per cent per annum, said interest payable semiannually on the second Monday of January and the second Monday of July of the second succeeding year in which said bonds, or any of them, shall have been issued, and every six months thereafter; and on the second Monday of July of the year 1933 three of said bonds shall be taken up and satisfied; and on the second Monday of July of the years 1934 to 1944, inclusive, two of said bonds shall be taken up and satisfied.

      Sec. 5.  To provide for the payment of the said bonds, and the interest thereon, herein authorized to be issued, the said board of county commissioners shall, in the year 1932 and annually thereafter at the time of levying taxes for state and county purposes, and in the same manner, levy a special and additional tax upon all of the property within Washoe County, sufficient, in their judgment, to provide for the payment of the interest annually due on said bonds; and in the year 1932 and annually thereafter at the time of levying taxes for state and county purposes, and in the same manner, levy a special and additional tax upon all the property within Washoe County sufficient in their judgment to provide for the payment of the principal of not less than two nor more than three of said bonds, and shall each and every year thereafter redeem, take up and pay not less than two nor more than three of said bonds hereinbefore directed in section 4 of this act to be annually so taken up, redeemed and paid, and said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the “Sparks Public Library Fund.” At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “Sparks Public Library Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value or the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

      Sec. 7.  All moneys remaining from the sale of the said bonds, after complying with the provisions of this act, may remain in said fund and be used as necessity shall require in repairing or improving said building, or said remainder may be transferred to the redemption fund to pay the interest on and principal sum named in said bonds.

may be transferred to the redemption fund to pay the interest on and principal sum named in said bonds.

      Sec. 8.  The said board of commissioners shall immediately after said bonds shall be ready for issuance and delivery proceed to advertise that it will receive sealed proposals for the purchase of the said bonds, which said advertisement shall be published for at least thirty days in at least one newspaper published in Reno, Washoe County, Nevada; and the said Board may sell the said bonds, after due publication of the said advertisement for the said period, only to the highest and best bidder or bidders therefor, subject to the rights of the board to reject any and all bids and readvertise. The said board may, in its discretion, advertise the said bonds as aforesaid in newspapers published without said Washoe County, but no advertisement shall be published in any one newspaper published without the said county for a period longer than thirty days.

      Sec. 9.  When the said bonds shall have been sold, and the proceeds of such sale shall have been paid into the county treasury of Washoe County, as hereinbefore provided, the said board shall forthwith proceed with due diligence to carry the provisions of this act into effect.

      Sec. 10.  All of the laws in force governing the letting of contracts by boards of county commissioners of this state and all other pertinent laws are hereby made applicable to and shall govern the board in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act shall be by the board of county commissioners of Washoe County authorized, audited and paid as other obligations of said county are authorized, presented, allowed and paid.

      Sec. 11.  This act shall be in full force and effect from and after its passage and approval.

County commissioners to negotiate sale of bonds

Duties of board upon sale of bonds

Provisions of existing law to govern

In effect

[Assembly Bill No. 101–Mr. Alward]

Chap. 43–An Act to amend section 1 of 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, being section 5084 Nevada Compiled Laws 1929.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 5084 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

Narcotic drugs defined

In effect

      Section 1.  Each and all of the following are hereby declared to be narcotic drugs: Cannabis indica, cocaine, opium, yen shee, morphine, codeine, heroin, marihuana, anhalonium (peyote or mescal button), or any of the salts, derivatives or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives, or compounds.

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

Powers and jurisdiction of boards of county commissioners

[Assembly Bill No. 27–Elko County Delegation]

Chap. 44–An Act to amend an act entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, and all acts amendatory thereof.

[Approved March 3, 1931]

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, the same being section 1942 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  The board of commissioners shall have power and jurisdiction in their respective counties:

      First-To make orders respecting the property of the county in conformity with any law of this state and to take care of and preserve such property.

      Second-To examine, settle and allow all accounts legally chargeable against the county, in the manner provided in this act, and to levy, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the district judge need not be audited by the board, but the county auditor shall, on the first day of each quarter year, draw his warrant on the county treasurer in favor of the district judge for the amount due such judge as salary for the quarter year preceding.

      Third-To examine and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit.

      Fourth-To lay out, control, and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.

      Fifth-To take care of and provide for the indigent sick of the county in such a manner only as is or may be provided by law.

of the county in such a manner only as is or may be provided by law.

      Sixth-To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require.

      Seventh-To establish, change, and abolish election precincts, and to appoint inspectors and judges of elections.

      Eighth-To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county.

      Ninth-Lease or purchase any real or personal property, necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the district judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability.

      Tenth-To sell at public auction, at the courthouse of said county, after at least thirty days’ previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same; provided, however, that such board of county commissioners shall have full power and authority, in its discretion, to convey to the United States of America, or to the State of Nevada, or political subdivision thereof, property belonging to the county, to be devoted to public use, at some fixed or agreed price, either at public or private sale; and provided further, such board of county commissioners, before ordering a sale and conveyance of such county property pursuant to this section, shall publish in a newspaper of general circulation published in the county, at least once a week for a period of thirty days prior to such order being made, notice of its intention to adopt a resolution ordering such sale and conveyance, and shall in addition to such publication cause to be posted in three conspicuous places in the township where such property is situated copies of such published notice.

      Eleventh-To cause to be erected and furnished a courthouse, jail and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the courthouse, jail and other buildings, be let out, after at least thirty days’ previous public notice, as provided in subdivision ten of this section-in each case of a readiness to receive proposals therefor-to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high.

Powers and jurisdiction of boards of county commissioners

Powers and jurisdiction of boards of county commissioners

In effect

      Twelfth-To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers.

      Thirteenth-To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board.

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

What license shall show; powers of labor commissioner

Repeal

In effect

[Assembly Bill No. 14–Mr. Dalzell]

Chap. 45–An Act to amend section 4 of “An act relating to employment agencies, requiring a license for the conducting of such agencies and providing a penalty for the failure to secure such license; prescribing rules and regulations for the conducting of employment agencies and requiring a bond to insure a compliance with the same; making it the duty of the labor commissioner to enforce the provisions of this act; fixing penalties for the violation of this act, and other matters relating thereto,” approved March 28, 1919, being section 2838 of Nevada Compiled Laws 1929.

[Approved March 3, 1931]

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:

      Section 4.  Every license shall contain the name of the person licensed, a designation of the city, street, number of the house in which the person licensed is authorized to carry on said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or place other than designated in the license. When, in the opinion of the labor commissioner, a community is being adequately served by a free employment service, he shall have the authority to deny the establishment therein of any other employment agency.

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

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

[Assembly Bill No. 13–Mr. Dalzell]

Chap. 46–An Act to amend section 4 of an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, and the acts amendatory thereof, and being section 2751 Nevada Compiled Laws 1929.

[Approved March 3, 1931]

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 to read as follows:

      Section 4.  Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages, and all other laws enacted for the protection and benefit of employees, and shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims, including all statutory penalties provided by law incident to the payment and collection of wages under any of the Nevada labor laws of the State of Nevada, and prosecute actions for collection of wages and other demands of persons who are financially unable to employ a counsel in cases in which, in the judgment of the commissioner, the claims for wages are valid and enforceable in the courts; and it shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and to appoint a deputy at Las Vegas, Nevada, and whenever after due inquiry he shall be satisfied that any such law has been violated, or that persons financially unable to employ a counsel have a valid and enforceable claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, and it shall be the duty of such district attorney to prosecute the same. No court costs shall be required from the labor commissioner in the prosecution of any claims or actions provided for under the labor laws of this state.

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

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

Labor commissioner to enforce laws for protection of working classes

May appoint deputy at Las Vegas

District attorney to prosecute

Repeal

In effect

Preamble

Storey County officials authorized to pay certain claims

In effect

[Assembly Bill No. 96–Mr. Cobb]

Chap. 47–An Act to authorize the county auditor of Storey County to allow and the county treasurer thereof to pay certain claims from the funds of Virginia City school district.

[Approved March 3, 1931]

      Whereas, The board of trustees of Virginia City school district during the year 1930 caused certain repairs to be made to the school buildings of said district; and

      Whereas, Said trustees at the time of causing said repairs to be made believed that the expense thereof would not exceed the sum of $500; and

      Whereas, The expense of such repairs did exceed the sum of $500 and no advertisement of bids was made and no provision therefor was made in the budget of said district, and said district having received the benefits of such repairs; now, therefore,

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The county auditor of Storey County is hereby authorized and directed to allow and the county treasurer thereof is authorized and directed to pay from the funds of Virginia City school district any and all claims not exceeding, however, a total amount of eight hundred fifty-four 90/100 ($854.90) dollars, incurred by the board of trustees of such district in making repairs to the school buildings thereof during the year 1930 and for which no provision was made in the budget of said district.

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

Compensation Clark County officials

Sheriff

[Senate Bill No. 39–Senator Henderson]

Chap. 48–An Act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all acts and parts of acts in conflict herewith.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  From and after April 1, 1931, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered.

      The sheriff of Clark County shall receive a salary of twenty-seven hundred dollars ($2,700) per annum, and such commissions as are now allowed by law not to exceed the sum of three hundred ($300) per annum.

      The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall also receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Clark or the State of Nevada are parties thereto. He shall also be allowed to appoint a chief deputy who shall act as jailer, and who shall receive a salary of twenty-four hundred dollars ($2,400) per annum.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of twenty-seven hundred dollars ($2,700) per annum.

      The county assessor shall receive a salary of twenty-seven hundred dollars ($2,700) per annum.

      The district attorney shall receive a salary of three thousand dollars ($3,000) per annum.

      The county treasurer shall receive a salary of twenty-four hundred dollars ($2,400) per annum.

      The chairman of the board of county commissioners shall receive a salary of twelve hundred dollars ($1,200) per annum, and the other members of the board of county commissioners shall receive a salary of six hundred dollars ($600) per annum. Each commissioner shall be entitled to traveling expenses in the sum of ten cents per mile in traveling to and from the commissioners’ meetings. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.

      Sec. 2.  The county recorder and auditor, the county clerk and ex officio clerk of the district court, the county assessor and the county treasurer may each appoint a chief deputy at a salary of eighteen hundred dollars ($1,800) per annum.

      Sec. 3.  The district attorney shall be allowed to employ a stenographer at a salary of nine hundred dollars ($900) per annum.

      Sec. 4.  The sheriff, district attorney, county recorder and auditor, county clerk and ex officio clerk of the district court, county assessor and county treasurer may, subject to the approval of the board of county commissioners, appoint such other deputies as the work in their respective offices may justify. The compensation of each of said deputies to be fixed by the board of county commissioners.

      Sec. 5.  The district attorney and county assessor shall each receive their actual traveling expenses necessarily incurred while in the performance of their duties.

      Sec. 6.  Each and all of said deputies so appointed shall give bond in such an amount and in such form as may be required by the board of county commissioners.

Expenses of sheriff; may appoint deputy

County clerk

Assessor

District attorney

Treasurer

County commissioners

Certain deputies may be appointed

Stenographer for district attorney

Additional deputies

Certain expenses allowed

Official bond

Salaries payable semimonthly

Duties of county auditor

Salaries paid as other claims are paid

Repeal

In effect

      Sec. 7.  The salaries authorized to be paid in sections 1, 2 and 3 hereof shall be payable in twenty-four equal installments, payable on the first and fifteenth day of each month.

      Sec. 8.  On the first and fifteenth day of each month the county auditor shall draw his warrant in favor of each of the officers and chief deputy officers named in sections 1, 2 and 3 hereof for the respective amounts due, and the county treasurer shall pay the same out of the salary fund of the county.

      Sec. 9.  The compensation authorized to be paid in section 4 hereof and the commissions and traveling expenses of the sheriff and the mileage of the county commissioners authorized in section 1 hereof, and the traveling expenses of the district attorney and county assessor authorized in section 5 hereof, shall be allowed and paid as other claims against the county are allowed and paid; provided, however, that all such claims for traveling expenses shall be accompanied by receipt showing such expenditure.

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

      Sec. 11.  This act shall become effective from and after its passage and approval.

State controller to issue certificates of authority

[Senate Bill No. 32–Senator Heidtman]

Chap. 49–An Act relating to burial contracts and burial certificates, making the life insurance laws of the State of Nevada applicable thereto, and other matters relating thereto.

[Approved March 3, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  No person, firm, corporation or company shall transact the business of issuing burial contracts or burial certificates in this state without procuring from the state controller a certificate of authority. Every such certificate of authority shall expire on the 31st day of December after its issuance unless sooner revoked. No certificate of authority shall be granted or renewed to any person, firm, corporation or company in arrears to the state or to any county, city or town in the state for fees. licenses, taxes, assessments, fines or penalties accrued on business previously transacted in the state, nor while said person, firm, corporation or company is otherwise in fault for failure to comply with any of the laws of this state regarding governmental control of such person, firm, corporation or company by the state.

      A “burial contract” or “burial certificate,” within the meaning of this section, is an instrument in writing whereby any person, firm, corporation or company, in consideration of the payment of a specified sum of money, or for any other valuable consideration, promises or agrees to embalm or inter or otherwise dispose of, or procure the embalmment, or interment, or other disposal of the remains of any person who is living at the time of the execution of such instrument in writing; provided, however, that said terms shall not include any instrument in writing wherein or whereby any charitable, religious, benevolent or fraternal-benefit society, corporation, association, institution or organization not having for its object or purpose pecuniary profit, promises or agrees to embalm, or to inter, or otherwise dispose of, or to procure or to pay the expenses or any part thereof, of embalming, or interring, or otherwise disposing of the remains of any person.

      Sec. 2.  All of the provisions of the laws of the State of Nevada which pertain to or govern life insurance are hereby made applicable to and the same shall govern the issuance of burial contracts or burial certificates.

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

“Burial contract,” “burial certificate” defined

Provisions of existing laws to govern

In effect

[Assembly Bill No. 30–Mr. Kenny]

Chap. 50–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, by adding thereto seven new sections to be numbered and designated sections 558a to 558g, inclusive, defining indirect evidence, inferences and presumptions, and repealing all acts and parts of acts in conflict herewith.

[Approved March 3, 1931]

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 the addition of seven new sections, to be numbered and designated as follows:

      Section 558a.  Indirect Evidence Classified.  Indirect evidence is of two kinds:

      1.  Inferences; and

      2.  Presumptions.

      Section 558b.  Inference Defined.  An inference is a deduction which the reason of the jury makes from the facts proved, without an express direction of law to that effect.

Indirect evidence classified

Inference defined

Presumption defined

When an inference arises

Presumption may be controverted, when

Specification of conclusive presumptions

Disputable presumptions may be controverted

      Section 558c.  Presumption Defined.  A presumption is a deduction which the law expressly directs to be made from particular facts.

      Section 558d.  When an Inference Arises.  An inference must be founded:

      1.  On a fact proved; and

      2.  On such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature.

      Section 558e.  Presumption May Be Controverted, When.  A presumption (unless declared by law to be conclusive) may be controverted by other evidence, direct or indirect, but unless so controverted the jury is bound to find according to the presumption.

      Section 558f.  Specification of Conclusive Presumptions.  The following presumptions, and no others, are deemed conclusive:

      1.  A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another;

      2.  The truth of the fact recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title; but this rule does not apply to the recital of a consideration;

      3.  Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it;

      4.  A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation;

      5.  The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate;

      6.  The judgment or order of a court, when declared by this act to be conclusive; but such judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence.

      7.  Any other presumption which, by statute, is expressly made conclusive.

      Section 558g.  All Other Presumptions May Be Controverted.  All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:

      1.  That a person is innocent of crime or wrong;

      2.  That an unlawful act was done with an unlawful intent;

      3.  That a person intends the ordinary consequences of his voluntary act;

      4.  That a person takes ordinary care of his own concerns;

      5.  That evidence willfully suppressed would be adverse if produced;

      6.  That higher evidence would be adverse from inferior being produced;

      7.  That money paid by one to another was due to the latter;

      8.  That a thing delivered by one to another belonged to the latter;

      9.  That an obligation delivered up to the debtor has been paid;

      10.  That former rent or installments have been paid when a receipt for the latter is produced;

      11.  That things which a person possesses are owned by him;

      12.  That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership;

      13.  That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly;

      14.  That a person acting in a public office was regularly appointed to it;

      15.  That official duty has been regularly performed;

      16.  That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction;

      17.  That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties;

      18.  That all matters within an issue were laid before the jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them;

      19.  That private transactions have been fair and regular;

      20.  That the ordinary course of business has been followed;

      21.  That a promissory note or bill of exchange was given or indorsed for a sufficient consideration;

      22.  That an indorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill;

      23.  That a writing is truly dated;

      24.  That a letter duly directed and mailed was received in the regular course of the mail;

      25.  Identity of person from the identity of name;

      26.  That a person not heard from in seven years is dead;

      27.  That acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;

Disputable presumptions may be controverted

Disputable presumptions may be controverted

      28.  That the thing happened according to the ordinary course of nature and the ordinary habits of life;

      29.  That persons acting as copartners have entered into a contract of copartnership;

      30.  That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

      31.  That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate;

      32.  That a thing once proved to exist continues as long as usual with things of that nature;

      33.  That the law has been obeyed;

      34.  That a document or writing more than thirty years old is genuine when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained;

      35.  That a printed and published book, purporting to be printed or published by public authority, was so printed or published;

      36.  That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases;

      37.  That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest;

      38.  The uninterrupted use by the public of land for a burial ground for five years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose;

      39.  That there was a good and sufficient consideration for a written contract;

      40.  When two persons perish in the same accident, calamity or disaster, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, survivorship is presumed from the probabilities resulting from the strength, age and sex, according to the following rules:

      First-If both of those who have perished were under the age of fifteen years, the older is presumed to have survived;

      Second-If both were above the age of sixty years, the younger is presumed to have survived;

      Third-If one be under fifteen years and the other above sixty years, the former is presumed to have survived;

      Fourth-If both be over fifteen years and under sixty years, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older is presumed to have survived;

      Fifth-If one be under fifteen years, or over sixty years, and the other between those ages, the latter is presumed to have survived.

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

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

Repeal

In effect

[Senate Bill No. 38–Senator Burt]

Chap. 51–An Act to provide for the incorporation of domestic building and loan associations and companies and certain other domestic associations and companies, to provide for the licensing, examination and regulation of domestic and foreign building and loan associations and companies and certain other associations and companies, to prescribe penalties for violation of the provisions hereof, to create a fund for use in carrying out the administration of this act and to repeal certain acts and parts of acts.

[Approved March 4, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Building and loan associations and companies and joint-stock associations and companies and other associations and companies, except banks, trust companies, and brokers, whose principal and primary business is to borrow, loan and invest money, and companies and associations which issue membership shares or investment certificates, as hereinafter defined, may be incorporated under the provisions of this act, and for that purpose all of the provisions of an act entitled “An act providing a general corporation law,” approved March 21, 1925, as amended April 2, 1929, which provisions are not in conflict herewith, are hereby adopted as parts of this act, and all the rights, privileges and powers and all the duties and obligations of such domestic corporations and of the officers and stockholders thereof shall be as provided in said law except as in this act otherwise provided; provided, however, that the secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation shall have been approved by the state bank examiner, and no amendment to such articles of any such organization shall be filed by the secretary of state without the written approval thereof by the state bank examiner and all the rights, privileges and powers and all the duties and obligations of such corporations and of the officers and stockholders thereof shall be as provided in said general corporation laws except as in this act otherwise provided.

Building and loan companies may incorporate; bank examiner must approve

Membership share or investment certificate defined

Provisions of act to govern

Must deposit $20,000 with state treasurer prior to operating in state

corporation laws except as in this act otherwise provided.

      Sec. 2.  A membership share or investment certificate, for the purposes of this act, shall be defined as any certificate or contract, either paid up or purchasable on an installment basis, which matures at a definite time or upon demand thereafter or which matures for a definite amount and which is issued for the purpose of providing a means of investment or savings or as a means of retiring an indebtedness and more than half of the proceeds from the sale of which are, or are intended to be, invested in or loaned upon real estate, real estate mortgages, real estate deeds of trust, or in bonds, shares or other securities which are principally based for their security or earnings upon real estate, or instruments secured by real estate.

      Sec. 3.  The powers, privileges, duties and restrictions conferred and imposed upon any such association, company or corporation whether foreign or domestic existing or doing business under the laws of this state are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters.

      Sec. 4.  No such company, association or corporation heretofore or hereafter organized or created under the laws of this state or the laws of any other state, territory or possession of the United States or of the District of Columbia, or of any foreign country or government, shall commence or continue to do business in this state unless and until it shall have first complied with all the laws of this state authorizing it to do business therein, and shall have deposited with the state treasurer the sum of $20,000 in money or in bonds of the United States, or of a county or municipality or school district of this state, or bonds of any other state of the United States, or a certificate of any trust company authorized to do business in this state which shall state that it has in its possession, subject to all of the provisions of this act relating to other deposits, first mortgages or first deeds of trust or both, assigned to it in trust for the carrying out of such provisions, and certified to it by such association, company or corporation to be of a value of at least the amount of any other form of deposit permitted by this act, such deposit with the state treasurer to constitute a guaranty fund for the protection and indemnity of residents of this state with whom such companies, associations or corporations shall do business; provided, however, that the deposit provisions of this act shall not apply to any such company, association or corporation if organized under the laws of the State of Nevada, which has, as shown by its latest statement to the bank examiner, an amount equal to at least forty per cent of its liability to security holders who are residents of this state invested in first mortgages or first deeds of trust or both, on or to real property within this state and which association, company or corporation has not pledged any of its assets for the protection of any other security holders.

who are residents of this state invested in first mortgages or first deeds of trust or both, on or to real property within this state and which association, company or corporation has not pledged any of its assets for the protection of any other security holders.

      Sec. 5.  The deposit as provided for in the next preceding section of this act shall be the minimum deposit, and whenever the total liability to Nevada investors of any such association, company or corporation which is not specifically exempted from the deposit provisions of this act shall exceed one hundred thousand dollars, an additional deposit of securities as enumerated in section four hereof shall be made with the state treasurer, in the same manner and for the same purposes, to the amount of at least twenty per cent of such excess over one hundred thousand dollars, and when any such association, company or corporation shall have pledged any of its assets for the benefit of any of its investors other than citizens of Nevada, the amount of the deposit with the state treasurer shall be at least such an amount as will bear the same ratio to its liability to Nevada investors as the amount of such other pledged assets bears to its liability to such other investors, and any such organization which has been organized under the laws of any state other than Nevada, under whose laws any such Nevada organization, in order to do business in that other state, would be required to pledge a larger amount of its assets for the benefit, only, of the citizens of such other state, then the deposit of such foreign organization shall not be less than the amount of assets that such a Nevada organization would be required to pledge if it desired to do business in such other state.

      Sec. 6.  No such deposit, except of cash, shall be valid for the purposes hereof until the same shall have been examined and approved by the state bank examiner and found by him to be of the required value and so assigned, if necessary, as to be readily convertible into cash, and the state treasurer shall have and is hereby given authority to convert the same or any part thereof into cash by sale to the highest or best bidder after a call for such bids shall have been published at least four times in some newspaper in this state, and having a general circulation therein, during a period of at least ten days prior to such sale and to disburse such cash or so much thereof as necessary towards the payment, equitably and proratably, of any approved claims as hereinafter provided.

      Sec. 7.  No part of the cash resulting from the conversion of such deposited securities shall be paid by the state treasurer to or for the benefit of any person or persons, natural or corporate, except the depositing association, company or corporation, as hereinafter provided, except to such person or persons who, being bona fide residents of this state, shall have received final judgment of a court of the State of Nevada, or of a federal court holden within said state, for at least the amount of such payment against such depositing association, company or corporation.

Additional deposit may be required

State bank examiner to approve deposit

Who to receive benefits of deposit

Deposit withdrawn, how and when

Securities of like value may be substituted

Deposits defined

Regulations regarding sale of securities

persons who, being bona fide residents of this state, shall have received final judgment of a court of the State of Nevada, or of a federal court holden within said state, for at least the amount of such payment against such depositing association, company or corporation.

      Sec. 8.  Whenever any such depositing association, company or corporation, not being at that time in the hands of a receiver, or of the state bank examiner, as hereinafter provided, and not being at that time sued in any court in this state for any amount or amounts aggregating more than five thousand dollars and having no unsatisfied judgment in favor of any resident of this state standing against it, who shall satisfy the state treasurer and the state bank examiner that its liability to residents of this state shall have been reduced, the said state treasurer shall return to such depositor such portion of such security as is in excess of twenty per cent of the remaining liability to such residents of this state but not such an amount as will reduce the security below twenty thousand dollars; provided, however, that whenever the said state treasurer and said state bank examiner shall be satisfied that all liabilities of such depositor to residents of this state have been satisfied for a period of two years, the said state treasurer shall refund to such depositor all of the remaining security or cash of said depositor remaining in the hands of said state treasurer.

      Sec. 9.  Any of the securities deposited with the state treasurer may be withdrawn at any reasonable time upon others of at least equal value and under similar restrictions and regulations and for the same purposes being substituted therefor.

      Sec. 10.  The securities deposited under the provisions of this act shall be and hereby are especially designated as an additional protection of Nevada investors and in no way an abridgement of any other legal rights of such investors except as their claims may be diminished by partial or total satisfaction resulting therefrom.

      Sec. 11.  No such foreign or domestic association, company or corporation shall be permitted to sell within this state any securities, including membership shares, investment certificates, bonds, debentures or contracts, except permanent capital stock, as distinguished therefrom, and except its permanent guaranty stock, which shall not by their terms and the terms of any contract for the purchase thereof, without reference to any other instrument, set forth the withdrawal or surrender cash value thereof after payment of each regular installment thereon, and which shall not be redeemable in cash at any time after one (1) year from the date thereof, upon reasonable notice as determined by the state bank examiner, except as hereinafter provided, for an amount at least equal to the amount paid therefor, together with interest thereon at a rate of not less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists.

therefor, together with interest thereon at a rate of not less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists.

      Sec. 12.  At no time, without the written consent of the state bank examiner, first obtained, shall any such foreign or domestic association, company or corporation apply in any one month to the payment of withdrawing investors and of matured certificates more than one-half of its receipts from all sources during the preceding calendar month, but withdrawals shall be paid in the order of their filing and no loans or investments shall be made, except by permission of the bank examiner, when any withdrawal request or order has remained on file and unpaid for a period of more than thirty days; provided, that any such request or order which is not legally payable for reasons other than the restrictions of this section shall not be considered as on file.

      No such organization shall make any loan to or allow any unearned withdrawal of cash to be made by any officer or director of said organization, or make any loan to any firm, company or corporation, of which any officer or director of such loaning organization is also an officer or director, without the written consent of the state bank examiner; provided, however, that if any association, company or corporation doing business in this state, under the provisions of this act, which is organized or incorporated under the laws of any governing body other than the State of Nevada, and the laws of such other governing body conflict with any of the provisions of this section of this act, the provisions of the laws of such other governing body shall prevail as to each such conflict; and provided further, that whenever any such foreign organization shall hereafter follow a course or perform any act which is forbidden to any domestic organizations under the terms of this section of this act, it shall report to the state bank examiner of this state all of the facts relating thereto.

      Sec. 13.  It shall be the duty of any such foreign or domestic association, company or corporation and of its secretary or manager to immediately notify the state bank examiner of its inability to pay any such withdrawal request or order which has been on file for a period of more than sixty days.

Payment of withdrawing investors and matured certificates

Bank examiner to approve certain loans

Notice must be given of inability to meet obligations

Must procure license from bank examiner

License to be renewed annually

Agents must procure license

Fee for licenses

      Sec. 14.  No such foreign or domestic company, association or corporation shall sell any securities in this state until it has first submitted all forms of securities, contracts and applications therefor to be used in this state and a financial statement to the bank examiner, and receive from him a license authorizing the sale of such securities and approval of the forms of contracts to be used and securities to be sold, and if a deposit is required by this act the bank examiner shall not issue any such license until he has had exhibited to him a receipt of the state treasurer, and filed in his office a duplicate thereof, evidencing that the bonds or trust certificates as enumerated in section one of this act, duly approved by the bank examiner, if not in cash, have been deposited as in this act provided, nor until and unless he shall have approved the forms of securities and contracts to be sold and satisfied himself that the financial and moral standing of the company, association or corporation and of its officers is such that it is reasonably probable that it can and will perform its contracts. The bank examiner shall keep on file copies of all licenses issued by him and specimen copies of the contracts or securities authorized and approved by him.

      Sec. 15.  The license mentioned in section 14 of this act shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June thirtieth next succeeding and shall be renewable, under like restrictions, annually thereafter; provided, that no person shall, on behalf of any such company, association or corporation, solicit purchasers for any such securities, or contracts, who is not licensed so to do as provided in section 16 of this act; and provided further, that any license heretofore issued under the provisions of a previous act to any such organization which would have expired April 30, 1932, and any license for such purpose issued hereunder prior to June 30, 1931, shall continue in force, unless forfeited as herein provided, until June 30, 1932.

      Sec. 16.  No person shall, as agent, representative, or employee of any such foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for sale of securities until he shall have been first licensed as a salesman or solicitor for sales of such securities by the bank examiner of this state, and no person shall be so licensed for a period of more than one year, nor unless he shall have first satisfied the bank examiner as to his or her personal integrity.

      Sec. 17.  For the issuing of any license provided for in section 14 of this act and for any renewal thereof, the fee of said bank examiner shall be the sum of one hundred dollars, and for any license provided for in section 16 thereof and for any renewal thereof, the sum of two dollars.

dollars, and for any license provided for in section 16 thereof and for any renewal thereof, the sum of two dollars. All sums so received by the bank examiner shall be forthwith delivered to the state treasurer and shall be apportioned as hereinafter provided.

      Sec. 18.  Any company, association or corporation that shall violate any provision of this act or fraudulently misrepresent the terms of any contract or of any such securities, and thereby secure a sale therefor, shall be guilty of gross misdemeanor, and upon conviction thereof shall be subject to a fine of not exceeding one thousand dollars and forfeiture and revocation of any and all licenses issued to it under the provisions of this act; and

      Any person who shall violate any provision of this act, or sell any such securities as the result of any fraudulent misrepresentation shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or imprisonment in the county jail for not more than six months, or to both such fine and imprisonment, and the license issued to him shall be forfeited and revoked; and

      Any person selling or offering for sale within this state any such securities of any company, association or corporation which has not received the license provided for in section 14 of this act, or who shall not himself have secured the license provided for in section 16 of this act, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than five hundred dollars, or to imprisonment in the county jail for not exceeding six months, or to both such fine and imprisonment.

      The revocation of any license issued under any of the provisions of this act shall, from the date of such revocation, place the company, association, corporation, individual or person to whom it was issued in the same legal status and subject to the same prohibitions and penalties as one to whom no license has been issued.

      Sec. 19.  Each officer and agent having the custody of money or securities of any such foreign or domestic association, company or corporation, and each salesman required to be licensed hereunder shall be required to give bond to such association or company in an amount commensurate with his liability.

      Sec. 20.  A borrower may repay a loan in advance of maturity, at any time after one year from the date thereof, by giving thirty days’ written notice of his intention. For such advance payment no penalty shall be charged which is in excess of the equivalent of three months’ additional interest on the amount so paid at the rate charged during the life of the loan.

Penalties for violation of act

Certain persons to give bond

Advance payment of loans

Annual statement to be filed with bank examiner

Bank examiner to administer provisions of act

      Sec. 21.  Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the state bank examiner, on or before the first day of March, a sworn statement, in two sections, as follows:

      (a) One section of such annual report shall contain in such form and detail as the bank examiner may prescribe, the following:

      1.  The amount of authorized capital by classes and the par value of each class of shares;

      2.  A statement of its assets and liabilities at the close of its last fiscal year;

      3.  Salaries paid each of its officers and to its manager if any, during its last fiscal year;

      4.  The total of its liability to Nevada investors at the close of its last fiscal year.

      5.  Any other facts which the bank examiner may require.

      This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization which shall cause it to be published at least four times in some newspaper in this state and having a general circulation therein, such publication to be completed on or before the first day of May, and proof thereof filed in the office of the state bank examiner.

      (b) One section of the annual report shall contain such other information as the bank examiner may require to be furnished therein. This section need not be published and shall be treated as confidential by the bank examiner.

      Each such foreign or domestic association, company or corporation shall cause to be supplied to the bank examiner at any time, upon his demand, any information which he may require as to its condition, affairs or methods.

      Sec. 22.  The state bank examiner shall have supervision of all such foreign and domestic associations, companies and corporations doing business in this state, and shall be charged with the administration of the provisions of this act and shall be authorized to make or cause to be made such examinations of the books and records, wherever they may be, and of the affairs of such organizations as he may deem expedient. In connection with the provisions of this section the bank examiner shall have full access to, and may compel, the production of all books, papers, moneys, securities and records of such organization and may administer oaths, and any willful false swearing shall be deemed perjury and shall be punishable as such. Whenever in connection with such examinations it shall be necessary or expedient that the bank examiner or his deputy or both shall leave this state, there shall be assessed against the organization under examination a fee of ten dollars per day for each such examiner and deputy while without this state in such connection, together with all actual and necessary expenses, and the fee so charged shall be remitted to the state bank examiner, who shall deliver the same to the state treasurer forthwith, and such fees shall be apportioned as hereinafter provided.

examiner and deputy while without this state in such connection, together with all actual and necessary expenses, and the fee so charged shall be remitted to the state bank examiner, who shall deliver the same to the state treasurer forthwith, and such fees shall be apportioned as hereinafter provided.

      Sec. 23.  Whenever, in the opinion of the state bank examiner, any such association, company or corporation is conducting its business illegally, or is practicing deception upon its members, investors or the public, or is pursuing a course that is injurious to the interests of such members, investors or public, or if he is satisfied that its affairs are in an unsafe condition, or if it shall refuse to have its affairs examined as herein provided, or shall refuse to comply with any lawful order of the said bank examiner, or with any of the provisions of this act, he shall proceed as follows:

      (a) If such association, company or corporation shall be a foreign organization, the bank examiner shall revoke its license to do business in this state and refrain from issuing to it any further license until such conditions are remedied, and shall take any further steps for the protection of Nevada stockholders and creditors as the attorney-general may advise.

      (b) If such association, company or corporation shall be a domestic organization, the state bank examiner may forthwith take possession of the property and business of such organization and retain such possession until the affairs of such organization shall have been fully remedied or finally liquidated or until a receiver shall have been appointed by any court of competent jurisdiction holden in this state. No bank, corporation, firm or individual, knowing of such possession by the bank examiner shall have a lien or charge for any payment or advance thereafter made or liability thereafter incurred against any of the assets so taken possession of. Such organization may, with the consent of the bank examiner, resume business upon such conditions as he may require.

      Sec. 24.  Upon taking possession of the property and business of any such domestic organization, the examiner shall be authorized to collect moneys due to such organization and do such other acts as may be necessary to conserve its assets and business, and may proceed to liquidate the affairs thereof as hereinafter provided. The examiner shall collect all debts and claims and enforce all liabilities and rights of action accrued or belonging to such organization and may institute and prosecute all proper and necessary actions for that purpose, and may sell or compound all bad or doubtful debts and, upon order of any court of competent jurisdiction, holden within this state, may sell all of the assets of such organization upon such terms as such court may direct.

Power of bank examiner when company in unsafe condition, etc.

Powers of bank examiner upon taking possession of company

May demand bond of employees

Expenses to be paid out of assets

May declare dividends

May petition court for appointment of receivers

Court may issue injunction

of the assets of such organization upon such terms as such court may direct. The examiner may employ such clerks and assistants and incur such proper and reasonable expenses as may be necessary in the preservation or liquidation of such business or assets.

      Sec. 25.  The examiner shall require from the clerks and assistants, if any, as provided for in section 24 hereof, such security for the faithful performance of their duties as he may deem proper.

      Sec. 26.  All of the expenses incurred under the provisions of sections 23, 24 and 25 of this act, except the salary of the bank examiner, shall be paid by the examiner out of the funds of such organization of whose assets and business the examiner shall have taken possession.

      Sec. 27.  At any time after sixty days following such taking possession, the bank examiner may, out of funds remaining in his hands after payment of expenses, declare one or more dividends, and after the expiration of one year from such taking possession he may declare a final dividend, such dividends to be paid to such persons and in such amounts as may be found to be correct.

      Sec. 28.  At any time after such lawful taking of possession of the business and assets of any such domestic association, company or corporation by the said bank examiner, he may, as temporary representative of all creditors and stockholders, by petition or bill of complaint setting forth such facts as to show the necessity therefor, apply to a district court of the judicial district in which the principal office in this state of such association, company or corporation is located for a writ of injunction and the appointment of a receiver or receivers, 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 such association, company or corporation is insolvent and that its affairs are in such condition or that any other circumstances of the case are such that further operation of such association, company or corporation or further liquidation of its affairs or the consummation of any plans for reorganization of such institution either under control of its officers and directors or of the said bank examiner, as such, would be greatly prejudicial to the interests of its creditors or stockholders or of the public, the court may issue an injunction to restrain the association, company or corporation and its officers and agents and the state bank examiner, as such, 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 estates, moneys, funds, lands, tenements or effects, except to a receiver or receivers appointed by said court, until said court shall otherwise order.

debts or paying out, selling, assigning or transferring any of its estates, moneys, funds, lands, tenements or effects, except to a receiver or receivers appointed by said court, until said court shall otherwise order.

      Sec. 29.  Said district court, at the time of ordering such injunction, or at any time thereafter, may appoint a receiver or receivers for the creditors and stockholders, and in the appointment and naming thereof, in the absence of good cause to the contrary, said court shall give preferential consideration to the state bank examiner or to such person or persons as the said examiner may recommend to said court, either in the said petition or bill or at any time thereafter, but before such appointment is made and the rights, privileges, powers, duties, restrictions and obligations of said court, the receiver or receivers, and of the stockholders and creditors of such association, company or corporation shall thereafter be in all other respects the same as provided under the provisions of the general corporation law.

      Sec. 30.  All of the funds now in the hands of the state treasurer, which are the unexpended amounts heretofore collected as license fees from such foreign and domestic associations, companies and corporations and their salesmen and agents, and all fees and charges for expenses which shall be collected from such organizations, under the provisions of this act, shall be apportioned to a fund to be known as the building and loan fund and shall be used by the state bank examiner for carrying out provisions of this act; provided, however, that the expenditures of the state bank examiner under the provisions of this section shall not exceed the sum of one thousand dollars in any one fiscal year; and provided further, that whenever, at the close of any fiscal year, the moneys in such building and loan fund shall exceed the sum of one thousand dollars, the excess over one thousand dollars shall be transferred to the general fund of the state.

      Sec. 31.  Any person who shall knowingly make, utter, circulate or transmit to another, or others, any statement untrue in fact, derogatory to the financial condition of any such organization doing business in this state, with intent to injure any such organization, or who shall counsel, aid, procure or induce another to originate, make, utter, transmit or circulate any such statement or rumor, with like intent, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      Sec. 32.  Wherever, in this act, any of the words “certificates” or “contracts” or “securities” are used it shall be deemed to embrace all of such instruments as enumerated in section 1 hereof. Wherever the word “foreign” is used it shall be deemed to designate an association, company or corporation organized or incorporated under the laws of some government other than that of the State of Nevada.

Court may appoint bank examiner receiver

Disposition of license fees in office of state treasurer

Penalty for making false statement

Words and phrases defined

Certain acts repealed

Repeal

Each section to be construed separately

In effect

shall be deemed to designate an association, company or corporation organized or incorporated under the laws of some government other than that of the State of Nevada.

      Sec. 33.  The following acts are hereby repealed:

      “An act for the regulation of foreign building and loan societies doing business in the State of Nevada,” approved March 13, 1905.

      “An act providing for the incorporation of domestic building and loan associations, the licensing of foreign building and loan associations, the examination and regulation of all building and loan associations doing business in this state by the state bank examiner, and other matters properly connected therewith and repealing a certain act,” approved March 24, 1915.

      “An act pertaining to nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada,” passed January 29, 1929, over veto of governor.

      “An act pertaining to resident and nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada, and repealing all acts or parts of acts in conflict herewith,” approved March 18, 1929.

      Sec. 34.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 35.  Each section of this act, and every part of each section, is hereby declared to be independent of every other section and part of section, and the holding of a section or part of section to be void or ineffectual for any cause shall not be deemed to affect any other section or part of section.

      Sec. 36.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Bill No. 116–Mr. Tobin]

Chap. 52–An Act to amend section 6 of 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, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, and being section 8013 Nevada Compiled Laws 1929.

[Approved March 4, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, being section 8013 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 6.  Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and may at least four weeks before any election appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable and shall be at their places of registration to receive applications for registration from 9 o’clock a. m. until 9 o’clock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: “I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the

Notice of election to be posted

Officers of election to be appointed

Registration of electors

Oath of electors

Oath of representatives of corporation

Registration necessary for election

In effect

my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the .................... irrigation district, and such holding is for all purposes and not simply for this election or matters connected therewith.” The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: “I am over the age of twenty-one years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to at least five acres of land, as defined in the irrigation act, within the boundaries of the .................... irrigation district.” No election for any purpose except for organization shall be held in any irrigation district without such registration, and only electors duly registered shall be entitled to vote thereat; provided, however, that if an elector has voted at the last preceding district election, whether special or general, and is still eligible, he shall not be required to reregister in order to vote at the next succeeding election. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, or any officer authorized by law to administer oaths.

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

[Assembly Bill No. 47–Mr. Mulcahy]

Chap. 53–An Act to amend section 67 1/2 of chapter 6 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, and the acts amendatory thereof or supplemental thereto, and being section 5716 Nevada Compiled Laws 1929.

[Approved March 5, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 67 1/2 of the above-entitled act is hereby amended so as to read as follows:

      Section 67 1/2.  Notwithstanding the provisions of the last preceding section, no school site shall be purchased nor any schoolhouse erected or repaired at a greater expense than five thousand dollars unless the same is first authorized by a majority vote of the school district cast at a school election called and held as provided by the law governing school elections; provided, that in any school district having one thousand or more school children enrolled, as shown in the last preceding annual report of such school district, the school trustees thereof, without vote of the electors of the school district: (1) May purchase any school site that they may deem advantageous to the future use of the school district; or (2) when increase in school attendance in their judgment makes it necessary, they may add or erect not more than two schoolrooms in any one school year to any school building already existing in such school district, or upon any lot owned by such school district. For such purposes the trustees of any such district shall have the power to direct in any one year an additional tax not to exceed ten cents on the one hundred dollars of assessed valuation of such district; or they may pay the cost of such expenditures, either wholly or in part, from any funds to the credit of the school district not required for other purposes, and in such case only such part of the additional tax of ten cents on the one hundred dollars may be levied as the trustees may find necessary; or (3) may repair or rebuild any school building injured or destroyed by fire; provided, such building was insured for eighty per cent of its value when such fire occurred.

      Any funds accumulating to the credit of any school district in accordance with the provisions of this section may be placed on interest until needed by the school district, under such arrangements as are approved by the state board of finance.

      Sec. 2.  This act shall be in full force and effect immediately upon its passage and approval.

No school improvement over $5,000 without popular election

Disposition of surplus funds

In effect

$140,000 bond issue for White Pine County high school

Form of bond

[Senate Bill No. 53–Senator Proctor]

Chap. 54–An Act to provide for enlarging and improving the White Pine County high school building and the equipment thereof, and for the construction and equipment of an additional county high school building or buildings for said White Pine County high school, and to provide for the issuance and payment of bonds for the creation of a fund to be used for said purposes.

[Approved March 9, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  The board of county commissioners of White Pine County, Nevada, for the purpose of creating a fund for enlarging and improving the presently existing White Pine County high school building and the equipment thereof, are hereby authorized and empowered to issue and sell, all at one time or from time to time in such lesser numbers as may in their judgment be required, negotiable coupon county high school improvement bonds of said county to an amount aggregating the principal sum of one hundred forty thousand dollars ($140,000). Said bonds shall be one hundred forty (140) in number, numbered consecutively from 1 to 140, both inclusive, of the denomination of one thousand dollars ($1,000) each. They shall bear interest from their date until paid at a rate not to exceed six per cent per annum, payable semiannually on the first days of January and July, respectively, in each year, and each semiannual installment of interest on each bond shall be evidenced by an appropriate coupon, so attached to said bond that it may be removed without injury to the said bond. Each of said bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer, and each bond shall be authenticated by having the seal of the county impressed thereon. Both the interest and the principal on said bonds shall be payable at a place to be designated in said bonds, in gold coin of the United States of America of or equal to the present standard of weight and fineness.

      Sec. 2.  Each of said bonds and each of the interest coupons to be attached thereto shall be substantially in the following forms, respectively, to wit:

(Form of Bond)

United States of America

State of Nevada, County of White Pine

COUNTY HIGH SCHOOL IMPROVEMENT BOND

      The county of White Pine, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay to the bearer hereof the principal sum of one thousand dollars, on the ............. day of ......................., 19........, with interest thereon from the date hereof until paid, at the rate of

interest thereon from the date hereof until paid, at the rate of .............. per centum per annum, such interest payable semiannually on the first days of January and July, respectively, in each year, as evidenced by and upon presentation and surrender of the interest coupons hereto attached as they severally become due; and both the interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at .......................... in the city of ....................., State of ....................., U. S. A., and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources, and all the taxable property of said county are hereby irrevocably pledged.

      This bond is one of a series of one hundred forty bonds of like tenor and amount issued by said county under and in compliance with the constitution of the State of Nevada and of an act of the legislature of said state, passed at its thirty-fifth session, entitled “An act to provide for enlarging and improving the White Pine County high school building and the equipment thereof, and for the construction and equipment of an additional county high school building or buildings for said White Pine County high school,” approved March ......., 1931, and all other laws and authority thereunto enabling.

      And it is hereby certified and warranted that said county is duly organized and existing under and by virtue of the constitution and laws of the State of Nevada, and that the board of county commissioners thereof is the duly constituted corporate authority of said county; that said county is duly authorized to issue this bond, and every other bond of this series, and that all conditions precedent to render the same valid and binding obligations of said county have been duly and strictly complied with and performed; that the total indebtedness of said county, including this bond and the other bonds of this series, does not exceed any constitutional or statutory limitation, and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county, in addition to all other taxes, sufficient to pay the interest accruing hereon, as the same falls due, and also to discharge the principal hereof at maturity.

      In Witness Whereof, The said board of county commissioners has caused this bond to be sealed with its seal, and, together with the interest coupons hereto attached, to be signed by its chairman and countersigned by the county treasurer of said county.

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

                                                         As Chairman of Board of County Commissioners.

                                                                         Countersigned by.........................................

        [Seal]                                                                                            County Treasurer.

Form of bond

Form of coupon

County commissioners to prepare bonds

Clerk to keep record

Commissioners to negotiate sale of bonds

Redemption of bonds

Order of redemption

“County High School Improvement Fund” created

(Form of Coupon)

No...........

      On .................................., 19......., the county of White Pine, State of Nevada, for value received, will pay to the bearer hereof the sum of ......................... dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at ..................., being ...... months interest then due on its county high school improvement bond No..........., dated................................., 19.........

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

                                                         As Chairman of Board of County Commissioners.

                                                                         Countersigned by.........................................

                                                                                                                 County Treasurer.

      Sec. 3.  The said board of county commissioners and said county treasurer shall cause the said bonds and coupons to be prepared in substantially the respective forms above set forth, and shall cause the same to be executed for and in behalf of said county in the manner aforesaid and, when so executed and sold, their legality shall not be open to contest by said county, or by any person or corporation for it or in its behalf, for any reason whatsoever.

      Sec. 4.  The clerk of the board of county commissioners shall keep a detailed and accurate record of all proceedings under the provisions of this act, which record must show the number and date of each bond and to whom issued.

      Sec. 5.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds, or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids, and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec. 6.  On the first day of January next after the issuance of any of said bonds, and annually thereafter, seven of said bonds, together with the interest thereon then due and payable, shall be paid and redeemed by said county treasurer.

      The payment and redemption of said bonds shall be in the order of their numbers, the lowest-numbered bond to be first paid and redeemed, then the next lowest, and so on until the whole amount of said bonds shall have been paid and redeemed.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and designated as “County High School Improvement Fund,” and to pay out said moneys in the manner now provided by law for the payment of money from the “County High School Fund” and only for the purposes provided in this act.

      Sec. 8.  The county board of education of White Pine County is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purposes hereinbefore stated, and any balance remaining in such fund after the completion of such enlargement, improvement, construction, and equipment shall be transferred to the appropriate fund provided for the maintenance of said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of county high schools.

      Sec. 9.  Said county board of education shall determine the character of the said enlargements and improvements and of said additional building or buildings, and the location thereof, so to be constructed; said board shall also determine the character of the materials to be used in the construction of such building or buildings and improvements, and the plans therefor. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the “County High School Fund.”

      Sec. 10.  The county treasurer of said White Pine County shall be liable on his official bond for the safe-keeping of the money which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and directed to levy and collect annually a special tax on all property, both real and personal, subject to taxation within the boundaries of said White Pine County, until such bonds, and the interest thereon, shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinbefore provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said county for each year for which said tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund, to be known as the “County High School Improvement Redemption Fund.”

      Sec. 12.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund for paying the contingent expenses of said county high school.

Board of education to disburse moneys

Powers and duties of board of education

County treasurer liable on official bond

Tax levied to create fund

Balance in fund to revert

County treasurer to redeem bonds

Interest ceases, when

Faith of state pledged

In effect

this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund for paying the contingent expenses of said county high school.

      Sec. 13.  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 sum so paid.

      Sec. 14.  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 said bonds shall thereafter immediately cease.

      Sec. 15.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act specified.

      Sec. 16.  This act shall become effective from and after January 1, 1932.

Voter may have assistance in marking ballot

Repeal

[Senate Bill No. 50–Senator Coryell]

Chap. 55–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917, as amended.

[Approved March 9, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 45 of the above-entitled act, being section 2483 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 45.  A voter who declares under oath that by reason of physical disability he is unable to mark his ballot shall, at his request, be permitted to receive the assistance in the marking of any elector he may designate, other than an election officer, but no person shall be permitted to go inside the guard rail as an assistant to more than one voter. Inability to read and write shall not constitute physical disability.

      Sec. 2.  All acts and parts of acts, in so far as they may conflict with the provisions of this act, are hereby repealed.

[Assembly Bill No. 59–Mr. Moorman]

Chap. 56–An Act to amend section 5 of an act entitled “An act concerning estray live stock, excepting sheep, goats and asses; defining the same and providing for their taking up and disposition; defining the powers of the state board of stock commissioners in connection therewith; providing penalties for violations relating thereto; and repealing certain acts; and other matters properly relating thereto,” approved February 19, 1923.

[Approved March 9, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 3982 N. C. L., is hereby amended to read as follows:

      Section 5.  Where the owner or probable owner of estrays taken up as provided in this act cannot with reasonable diligence be determined by the board or its duly authorized agent, the board is authorized to advertise or cause to be advertised such estrays in such manner and form and at such times as it sees fit; provided, that a notice of such estray or estrays, with a full description of the same, giving brands, marks and colors thereon, shall be published once a week for two consecutive weeks in a newspaper published at the county seat of the county in which the estray or estrays is or are taken up in accordance with the provisions of this act, and if there be no newspaper published at the county seat of such county, then such notice shall be advertised as provided herein in the newspaper published at the nearest point to such county; expenses incurred in carrying out the provisions of this section to be met from the stock inspection fund.

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

Estrays advertised in newspaper, when

In effect

[Senate Bill No. 34–Senator Getchell]

Chap. 57–An Act to amend section 2 of an act entitled “An act creating and defining certain duties and powers of the state bank examiner, authorizing him to fill certain positions, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 29, 1927.

[Approved March 9, 1931]

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 729 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

Bank examiner may appoint assistants

In effect

      Section 2.  The state bank examiner may appoint a deputy, and when authorized by a resolution of the state board of finance so to do may appoint one additional deputy for such period as said resolution may authorize. Such deputy or deputies shall perform such duties as may be assigned to them by the said bank examiner. The deputy or deputies shall each receive a salary of $3,000 the year, payable in equal monthly installments, the same as other state officers are paid. The bank examiner may also appoint a clerk at a salary of $2,400 the year, and a stenographer to be compensated as provided by section 7562 Nevada Compiled Laws 1929, said salaries to be paid monthly the same as other state salaries are paid.

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

Neat cattle must be inspected and stamped prior to sale

Purchaser must inspect carcass for stamp

[Assembly Bill No. 83–Mr. Moorman]

Chap. 58–An Act making it unlawful to sell the carcasses or part carcasses of neat cattle unless the hides thereof are inspected and such carcasses or part carcasses officially stamped as provided in this act; making certain exceptions thereto; providing for such inspection, providing compensation therefor, providing for the adoption and use of official stamps and record books, providing penalties for the violation of this act, repealing an act entitled “An act to provide for the inspection of hides, providing compensation therefor, and other matters relating thereto,” approved March 19, 1929, and other matters relating thereto.

[Approved March 9, 1931]

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

      Section 1.  Hereafter it shall be unlawful for any person or persons, except as hereinafter provided, to offer for sale or sell the carcass or part carcass of any neat cattle without first having the hide thereof, with ears attached, inspected for brands and marks, and the carcass, or part thereof desired to be sold, stamped, as provided herein, by some person authorized to conduct such inspections under the provisions of this act.

      Sec. 2.  Hereafter it shall be unlawful for any person or persons to buy the carcass or part carcass of any neat cattle in quantities of a quarter of a carcass, or more, unless such carcass, or part or parts thereof bears, from the personal observation of such person or persons, the inspection stamp provided for herein, or some equivalent stamp hereinafter provided.

      Sec. 3.  Any duly elected or appointed and qualified sheriff, deputy sheriff or constable, when authorized so to do by the state board of stock commissioners; or any special inspector appointed for that purpose by the state board of stock commissioners; or any regularly employed inspector of the state board of stock commissioners may make the inspections required by this act. Any person or persons making inspections under the provisions of this act shall be responsible for same as an individual directly to the state board of stock commissioners. Any person authorized or appointed to make inspections under the provisions of this act, except regularly employed inspectors of the state board of stock commissioners, shall be entitled to charge, collect and retain a fee of twenty-five cents ($0.25) for the inspection of each carcass or part carcass and the hide thereof so inspected.

      Sec. 4.  The inspecting officer shall enter in a book to be furnished by the state board of stock commissioners for that purpose the place and date of such inspection, name and address of owner of the animal concerned as alleged by applicant for inspection, and from his own observation of the hide and carcass, or part carcass, the apparent age, sex and color of the animal concerned, and the marks and brands on the hide; provided, that inspection as provided for herein shall be refused in the case of any hide not branded, or bearing any brand or mark other than those of legal record in the name of the person or persons requesting inspection, unless such person or persons shall present to the inspecting officer satisfactory evidence of his, or her, or their right of possession.

      Sec. 5.  As evidence of inspection the inspecting officer shall, after satisfying himself that the hide and carcass, or part carcass presented, are from one and the same animal, remove one ear from the hide inspected, then place on the outside in the case of skinned carcasses, and the inside in the case of unskinned carcasses, of at least each quarter of any carcass, or part carcass, presented for inspection, the imprint in indelible ink of the official inspection stamp authorized to be adopted, supplied by, and used under instructions and authority of the state board of stock commissioners by this act.

      Sec. 6.  The state board of stock commissioners is hereby authorized and empowered to originate, secure, and issue to persons authorized by this act to conduct inspections, as provided for herein, official stamps under such rules and regulations as said state board of stock commissioners shall adopt. These stamps shall contain such data as in the opinion of the said board will best furnish evidence of inspection as provided herein. Any stamps, supplies or inspection record books issued under the provisions of this act shall remain the property of the state board of stock commissioners and subject to recall or repossession by said board at any time.

Duties of officers; fees

Inspection book to be kept

Ear of animal to be retained as evidence of inspection

State board stock commissioners to supervise operation of act

Provisions of act not to apply in certain cases