[Rev. 12/19/2019 5:53:31 PM]
κ1933 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
THIRTY-SIXTH SESSION OF THE LEGISLATURE
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1933
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[Senate Bill No. 1Senator Getchell]
Chapter 1An Act to create a legislative fund.
[Approved January 20, 1933]
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 shall be in effect immediately upon its passage and approval. |
Legislative appropriation, $60,000
Duties of controller and treasurer
Residue to revert
In effect |
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κ1933 Statutes of Nevada, Page 2κ
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Act repealed
In effect |
[Assembly Bill No. 1Clark County Delegation]
Chap. 2An Act to repeal an act entitled An act ceding the jurisdiction of this state over certain lands owned or to be acquired by the United States, and repealing certain acts relating thereto, approved February 24, 1921, being chapter 23, Statutes of Nevada 1921, page 27, and sections 2895-2898, both inclusive, Nevada Compiled Laws 1929.
[Approved January 27, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act ceding the jurisdiction of this state over certain lands owned or to be acquired by the United States, and repealing certain acts relating thereto, approved February 24, 1921, being chapter 23, Statutes of Nevada 1921, page 27, and sections 2895-2898, both inclusive, Nevada Compiled Laws 1929, is hereby repealed. Sec. 2. This act shall become effective immediately upon its passage and approval. |
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Act repealed
Certain moneys transferred
In effect |
[Senate Bill No. 2Senator Henderson]
Chap. 3An Act to repeal An act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds for the construction and maintenance of a county jail and addition to the county courthouse in said county, and other matters properly connected therewith, approved March 27, 1929.
[Approved January 27, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds for the construction and maintenance of a county jail and addition to the county courthouse in said county, and other matters properly connected therewith, approved March 27, 1929, is hereby repealed. Sec. 2. Any moneys now remaining in or hereafter collected on account of or to be apportioned to any fund created and provided for by said act shall be by said board of county commissioners transferred to the general fund of Clark County. Sec. 3. This act shall become effective from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 3κ
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[Senate Bill No. 6Committee on Ways and Means]
Chap. 4An Act authorizing and directing the board of capitol commissioners to secure burglary and robbery insurance, and making an appropriation therefor.
[Approved January 27, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of capitol commissioners is hereby authorized and directed to secure adequate burglary and robbery insurance, whenever in their judgment necessity therefor shall arise. Sec. 2. The sum of eight hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any fund in the treasury, not otherwise appropriated, for the purpose of carrying out the provisions of this act. Sec. 3. This is an emergency act, and all parts of acts conflicting herewith are hereby repealed only in so far as they may relate to this particular act. Sec. 4. This act shall be in full force and effect upon its passage and approval. |
To secure insurance
Appropriation, $800
Emergency act
In effect |
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[Senate Bill No. 5Senator Friedhoff]
Chap. 5An Act extending the time of motor vehicle registration, licensing, and payment of license fees for and during the year 1933; providing for a limitation of the act; and other matters relating thereto.
[Approved January 30, 1933]
Whereas, Owing to the general financial depression and the consequent demoralization of many industries and callings within the state, many citizens and residents were and are in financial distress; and Whereas, Many citizens and residents of the State of Nevada own and use in their business and for necessary transportation motor vehicles which are, under the existing law of this state, required to be licensed and the fee therefor paid on or before the thirty-first day of January, 1933, to avoid the penalties for nonpayment provided by said law; and Whereas, Due to the financial distress of many of the said citizens and residents, it is a great hardship to comply with the requirements of the said motor vehicle licensing law within the time provided therein; and Whereas, The administrative officers, in the administration of said motor vehicle licensing law, have no discretion and cannot extend the time of payment of said license fees; therefore, |
Preamble |
κ1933 Statutes of Nevada, Page 4 (CHAPTER 5, SB 5)κ
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Extra time for paying motor vehicle license
Expires, when
In effect |
and cannot extend the time of payment of said license fees; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, officer, board or commission of the State of Nevada, or of any county of said state, acting under and pursuant to and by authority of the provisions of the laws of Nevada pertaining to the registration and licensing of motor vehicles and the collecting of the license fees therefor and thereon, are hereby authorized, directed, and empowered to extend the time in which motor vehicles may be registered, licensed, and the license fees therefor paid without penalty for the year 1933 to and including the 1st day of March, 1933, anything to the contrary in said laws notwithstanding. Sec. 2. This act shall expire by its own limitation at 12 oclock midnight, the 31st day of March, 1933. Sec. 3. This act shall become effective upon its passage and approval. |
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Preamble
State song adopted
In effect |
[Senate Bill No. 7Committee on Education, State Library and Public Morals]
Chap. 6An Act designating that certain song entitled Home Means Nevada as the official state song for the State of Nevada.
[Approved February 6, 1933]
Whereas, Mrs. Bertha Raffetto, of Reno, Nevada, has written a song entitled Home Means Nevada; and Whereas, Said song meets the requirements of a sound, simple, musical composition, and may be easily played and sung; and Whereas, The words of said song express in simple language the universally understood emotion of love of home specifically applied to the people of the State of Nevada; and Whereas, The author has graciously offered to donate said song to the State of Nevada without any compensation.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain song entitled Home Means Nevada written by Mrs. Bertha Raffetto, of Reno, Nevada, is hereby adopted and declared to be the official state song of the State of Nevada. Sec. 2. This act shall be in full force and effect from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 5κ
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[Assembly Bill No. 31Mr. McAuliffe]
Chap. 7An Act to limit the cost of state-owned automobiles, to provide for their labeling and use for official purposes only, and fixing a penalty for violation hereof.
[Approved February 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All automobiles hereafter purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost not to exceed one thousand dollars as the entire purchase price thereof, whether to be paid for entirely in money or part in money and part by exchange of another automobile traded in on it. No automobile may be purchased by any such department, office, bureau, official, or employee thereof, except with the prior consent in writing of the state board of examiners, and all such automobiles shall be used for official purposes only and shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering. Sec. 2. Any officer or employee of the State of Nevada violating any provision of this act shall be guilty of a misdemeanor. Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall become effective immediately upon its passage and approval. |
Price of state autos limited
Punishment provided
Other acts repealed In effect |
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[Assembly Bill No. 35Mr. Hussman]
Chap. 8An Act to amend section 1 of an act entitled 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.
[Approved February 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. The 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, |
State to cooperate with government in forest fire protection |
κ1933 Statutes of Nevada, Page 6 (CHAPTER 8, AB 35)κ
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Funds deposited in state treasury
In effect |
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; provided, any federal funds allotted to the State of Nevada under the terms of the federal agreement and such other funds as may be received by the state for the protection of forests and watershed areas therein shall be deposited in the state treasury in the forest protection fund hereby created, which fund shall be used for the sole purpose of protecting forests and watershed areas in the manner prescribed by the terms and provisions in said cooperative agreements, and all moneys accumulating in said fund are hereby appropriated for this purpose to be paid only on claims approved by the surveyor-general. Sec. 2. This act shall be in full force and effect from and after its passage and approval. |
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Act repealed
In effect |
[Assembly Bill No. 41Mr. Cahlan]
Chap. 9An Act to repeal an act entitled An act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county, approved March 26, 1929.
[Approved February 11, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act entitled An act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county, approved March 26, 1929, be and the same is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
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κ1933 Statutes of Nevada, Page 7κ
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[Assembly Bill No. 23Mr. Kenny]
Chap. 10An Act to amend An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907, by adding thereto a new section to be known as section 19 1/2.
[Approved February 11, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act (N. C. L. 1929, paragraph 1119) is hereby amended by adding thereto a new section to be known as section 19 1/2, which section shall read as follows: Section 19 1/2. Any vacancy occurring in the office of mayor by death, resignation, removal or otherwise, shall be filled by the city council at the first regular meeting after such vacancy, when the council shall by a majority vote elect some competent person who shall hold said office until the election of his successor at the next general election, and his qualification. Sec. 2. This act shall take effect from and after its passage and approval. |
New section added
Mayor to be selected to fill vacancy, when and how
In effect |
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[Senate Bill No. 8Senator Coryell]
Chap. 11An Act to postpone, temporarily, the time for requiring state and county officers to furnish new and additional official bonds under certain conditions.
[Approved February 11, 1933]
Whereas, Certain state and county officers of this state and the various counties of the state have heretofore furnished their official bonds, respectively, wherein Nevada surety and bonding company, a Nevada corporation, was named as surety, and said corporation has not qualified to do a surety business in this state, as required by law, for the year 1933, and the sufficiency of such official bonds, and of the surety named therein, has been questioned, and there is grave doubt as to the sufficiency thereof; and Whereas, The other surety companies which are qualified to do such surety business and to become surety in such official bonds in this state have declined and are declining to make and furnish such official bonds unless and until the laws of this state are modified and made less harsh and stringent against the surety in such bonds, and the financial condition of residents of this state who might become individual sureties in such bonds has become impaired and somewhat uncertain on account of the general condition of depression in the state, and they are, therefore, reluctant to become surety in such bonds, and such state and county officers are, therefore, finding it difficult to furnish good and sufficient new or additional official bonds. |
Preamble |
κ1933 Statutes of Nevada, Page 8 (CHAPTER 11, SB 8)κ
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County and state officers to provide new bonds
Time of expiration
Emergency measure |
sureties in such bonds has become impaired and somewhat uncertain on account of the general condition of depression in the state, and they are, therefore, reluctant to become surety in such bonds, and such state and county officers are, therefore, finding it difficult to furnish good and sufficient new or additional official bonds.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any and all officers of the State of Nevada, whether elective or appointive, and any and all officers of any county of this state, whether elective or appointive, and each thereof, required by law to give an official or other bond, shall have and are hereby given to and including the 1st day of April, 1933, notwithstanding any law of this state to the contrary, within which to furnish a good and sufficient bond for the faithful performance of the duties of such offices, respectively, for the remainder of their respective terms of office, and within which to have them approved and filed as required by law; provided always, that such officers, respectively, shall make diligent effort during all that time, until successful, to secure such bonds. Sec. 2. This act is a temporary measure and shall expire by its own limitation on the 2d day of April, 1933. Sec. 3. This is an emergency measure and, therefore, shall be in force and effect from and after its passage and approval; but its effect shall not be to repeal any law requiring the furnishing, approval and filing of any such bonds, but only to suspend the operation and effect of such laws while this act is in force and effect. |
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Paupers can apply for relief, when |
[Senate Bill No. 9Senator Henderson]
Chap. 12An Act to amend an act entitled An act relating to the support of the poor, approved November 29, 1861, as amended.
[Approved February 11, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act, being section 5143 N. C. L., is hereby amended so as to read as follows: Section 7. When an application is made by any pauper to the board of county commissioners of any county in this state for relief, it shall be necessary for said commissioners to require of said pauper satisfactory evidence that he or she has been a resident of the State of Nevada for three years and of said county for six months immediately preceding the day upon which such application is made, or if such is not the case, satisfactory evidence in regard to where said pauper last resided for six months prior to arrival in the county where such application is made. |
κ1933 Statutes of Nevada, Page 9 (CHAPTER 12, SB 9)κ
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day upon which such application is made, or if such is not the case, satisfactory evidence in regard to where said pauper last resided for six months prior to arrival in the county where such application is made. Sec. 2. Section 8 of the above-entitled act, being section 5144 N. C. L., is hereby amended so as to read as follows: Section 8. When application is made by any pauper to the board of county commissioners aforesaid, and it shall appear to the satisfaction of said board that the person so applying for relief has resided in said state and county agreeable to the provisions of the foregoing section of this act, said pauper shall be entitled to all of the relief provided by this act; but if, on the contrary, it shall appear to the satisfaction of said board that such pauper has not been a resident of said state and county agreeable to the provisions of the foreging section, but that said pauper, previous to removing to the said county where said application was made, was a resident of some other county of this state, as required by the foregoing section, said board shall provide temporary relief for said pauper, and immediately notify the board of county commissioners of the county where said pauper, last had a residence for six months, and said notice shall be in writing, duly attested by the clerk of the board of county commissioners, and deposited in the post office, addressed to the board of county commissioners of said county, and it shall be the duty of the board of county commissioners receiving said notice to cause said pauper to be immediately removed to their county, and pay a reasonable compensation for the temporary relief afforded, and if said board of commissioners neglect or refuse to remove said pauper, the county affording relief shall have a legal claim against said county for all relief necessarily furnished, and may recover the same in a suit at law. Sec. 3. This act shall become effective from and after its passage and approval. |
Provisions precedent to granting relief
In effect |
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[Senate Bill No. 10Senator Getchell]
Chap. 13An Act for the relief of J. W. Phelps.
[Approved February 11, 1933]
Whereas, The legislature of the State of Nevada did, on the second day of March, 1931, pass an act relating to the appointment of a night watchman at the town of Battle Mountain, Lander County, and fixing his compensation therefor; and Whereas, Pursuant to the passage of said act the county commissioners of Lander County did appoint J. W. Phelps as such night watchman, at a salary of one hundred and fifty ($150) dollars per month; and
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Preamble |
κ1933 Statutes of Nevada, Page 10 (CHAPTER 13, SB 10)κ
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Relief of Constable J. W. Phelps
Auditor to draw warrant for $500 |
as such night watchman, at a salary of one hundred and fifty ($150) dollars per month; and Whereas, The said J. W. Phelps entered upon and continued to perform the duties of his office under said appointment from the first day of April, 1931, up to and including the first day of September, 1931; and Whereas, The county commissioners of Lander County refused to compensate said Phelps from the general fund of said county for his services; and Whereas, Said Phelps did in good faith perform his said duties for which there is due and owing to said Phelps the sum of five hundred dollars ($500); 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 board of county commissioners of Lander County, Nevada, is hereby authorized and directed to allow and pay to J. W. Phelps of Battle Mountain, Nevada, for services rendered by him as night watchman in the town of Battle Mountain, Lander County, Nevada, from April 1, 1931, up to and including September 1, 1931, the sum of five hundred dollars ($500), which said sum shall be paid from the Battle Mountain town fund. Sec. 2. Upon the allowance by the board of county commissioners of Lander County of the above claim, the auditor of said county shall draw his warrant upon the county treasurer of said county for the said sum of five hundred dollars ($500), and the county treasurer of Lander County shall pay the same out of the Battle Mountain town fund. |
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County commissioners to transfer funds
In effect |
[Senate Bill No. 14Senator Henderson]
Chap. 14An Act authorizing and directing the county commissioners of Clark County, State of Nevada, to transfer certain funds from the Clark County law library fund to the general fund of said county.
[Approved February 15, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county commissioners of Clark County, Nevada, are hereby authorized and directed to transfer from the Clark County law library fund to the general fund of said county all of the funds in said county law library fund in excess of the sum of three thousand dollars. Sec. 2. This act shall take effect from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 11κ
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[Senate Bill No. 28Senator Henderson]
Chap. 15An Act to amend an act entitled An act to prevent drunkenness or the excessive use of drugs or narcotics in office, fixing the penalty thereof and providing for the enforcement of the same, approved February 17, 1887.
[Approved February 15, 1933]
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 4875 N. C. L. 1929, is hereby amended so as to read as follows: Section 1. Any civil officer in this state who shall, during his term of office, become intoxicated, or under the influence of alcoholic, malt or vinous liquors, or become or be addicted to the use of drugs or narcotics, so that he shall not at all times be in proper condition for the discharge of the duties of his office, shall be deemed guilty of misdemeanor in office, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars or imprisonment not exceeding one year, and shall be subject to removal from office by impeachment, if he be a state officer, and if a county or township officer shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction. Sec. 2. This act shall become effective from and after its passage and approval. |
Removal from office for intoxication
In effect |
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[Assembly Bill No. 20Mr. Brown]
Chap. 16An Act to amend An act to provide for the adoption of children, approved February 20, 1885.
[Approved February 20, 1933]
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 (N. C. L. 1929, section 9478) is hereby amended to read as follows: Section 4. A legitimate child cannot be adopted without the consent of its parents, if they be living and known, nor any illegitimate child without the consent of its mother, if she be living and known, and not without the consent of the father of such illegitimate child also, if he be living and known, and if he shall have adopted such illegitimate child as his own, by the acts and in the manner prescribed by section 9 of this act; provided, however, that such consent is not necessary in the following cases, to wit: 1. From a father or mother if deprived of civil rights. |
Adoption of illegitimate child |
κ1933 Statutes of Nevada, Page 12 (CHAPTER 16, AB 20)κ
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Juvenile court may authorize
Parent must be notified
When parent is insane
When child is deserted
When relinquished by parent
When child is inmate of orphan asylum |
2. From a father or mother who has been judicially deprived of the custody and control of such child on the ground of adultery, abandonment, cruelty, neglect, or habitual intemperance, either by order of the juvenile court declaring said child to be free from the custody and control of its parents as provided in the juvenile court law of the State of Nevada, approved March 24, 1909, and any act or acts superseding or amending the same, or by order of the juvenile court of the county where such child was left in the care and custody of another by its parent or parents, without any provisions for its support, for the period of one year, determining such child to be an abandoned child as defined in said juvenile court law; provided, however, that said juvenile court shall never make such order of abandonment without first giving notice of said abandonment proceeding by personal service of citation or other court process on the parent or parents or person having the custody of such child residing within the state, if their residence is known, and also such other or further notice to said parent or parents or person having the custody of such child, or other person or persons as the court may require, or by order of any other court of competent jurisdiction. 3. From a father or mother who has been declared either incurably feeble-minded or insane by a court of competent jurisdiction. 4. From a father or mother of any child deserted by its parents without provision for their identification. 5. From a father or mother of any child relinquished by its parent or parents for the purpose of adoption expressed in writing signed and acknowledged by such parent or parents before an officer authorized to take acknowledgments, or signed by such parent or parents before two subscribing witnesses. Any child, the consent of whose parents is not necessary for its adoption within the meaning of this section, maintained by or in the custody of any orphan asylum within this state, or any charitable organization or society receiving state aid or receiving commitments from the juvenile court, may be adopted with the consent of the president of such orphan asylum, charitable organization or society, or with the consent of such officer as may be authorized by the directors or managers of such asylum, organization or society to consent to adoption in such cases. Any orphan child for whose support no provision has been made by any person for a period of one year, but who has been maintained during said year by or in the custody of any orphan asylum within this state, or any charitable organization or society receiving state aid or receiving commitments from the juvenile court, may be adopted with the consent of the president of such orphan asylum, charitable organization or society, or with the consent of such officer as may be authorized by the directors or managers of such asylum, organization or society to consent to adoption in such cases. |
κ1933 Statutes of Nevada, Page 13 (CHAPTER 16, AB 20)κ
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or with the consent of such officer as may be authorized by the directors or managers of such asylum, organization or society to consent to adoption in such cases. Sec. 2. The above-entitled act is hereby further amended by adding thereto a new section to be known as section 12 (N. C. L. 1929, section 9486) which section shall read as follows: Section 12. Whenever it shall appear to the court, upon the verified petitions of both the natural and adoptive parents of the child, that the welfare of the child will be promoted by the revocation of such adoption, the court may order such revocation, and shall cause the order of revocation to be entered in the minutes of the district court where the proceeding is had. Upon there being filed and recorded in the office of the county recorder of the county in which the proceeding is had a certified copy of such minute entry, it shall be notice to the world of the revocation of such adoption of the child. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
Further amendment
Order of adoption revocable
In effect |
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[Assembly Bill No. 42Mr. Taber]
Chap. 17An Act to amend an act entitled An act to authorize the board of county commissioners of the county of Elko to levy a special tax annually for the support of the Elko County fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith, approved March 15, 1923, as amended March 4, 1925.
[Approved February 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of said act is hereby amended so as to read as follows: Section 1. On or before May 1, 1933, and annually thereafter, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of Elko is hereby authorized and empowered, for the purpose hereinafter set forth, to levy a special tax upon all of the property of Elko County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of ten thousand ($10,000) dollars. Sec. 2. Section 5 of said act is hereby amended so as to read as follows: Section 5. In the event that said Elko County fair is not held for a period of any two consecutive years after the first day of January, 1932, all money remaining in said Elko County fair fund shall, upon the first day of November of the second year of such two consecutive years, revert to and become a part of the Elko County general fund, and in such event the board of directors of Elko County agricultural district No. |
Elko County to levy tax for fair |
κ1933 Statutes of Nevada, Page 14 (CHAPTER 17, AB 42)κ
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Reversion of fund if fair not held
In effect |
held for a period of any two consecutive years after the first day of January, 1932, all money remaining in said Elko County fair fund shall, upon the first day of November of the second year of such two consecutive years, revert to and become a part of the Elko County general fund, and in such event the board of directors of Elko County agricultural district No. 4 is hereby authorized and directed to forthwith transfer all money remaining in said Elko County fair fund to the Elko County general fund. Sec. 3. This act shall be in effect on passage and approval. |
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Act repealed
In effect |
[Assembly Bill No. 14Mr. McAuliffe]
Chap. 18An Act repealing an act entitled An act defining bank robbery and prescribing the penalty therefor, approved March 19, 1931.
[Approved February 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The act entitled An act defining bank robbery and prescribing the penalty therefor, approved March 19, 1931, be and the same is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
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State and county officers exempt from fees
Fees of county clerk of Clark County |
[Senate Bill No. 13Senator Henderson]
Chap. 19An Act to regulate the fees of the county clerk of Clark County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.
[Approved February 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk of the county of Clark, State of Nevada, shall charge and collect fees as hereinafter set forth; provided, however, that said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or the county of Clark or any city or town within the said county of Clark, or any officer thereof, in his official capacity. On commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing such action or proceeding, or transfer, seventeen dollars; said fee to be paid in addition to the court fee now provided by law. |
κ1933 Statutes of Nevada, Page 15 (CHAPTER 19, SB 13)κ
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fee to be paid in addition to the court fee now provided by law. On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court, the sum of seven dollars; said fee to be in addition to the court fee now provided by law. On the filing of a petition for letters testamentary, or of administration or guardianship, five dollars, to be paid by the petitioner; said fee to be in addition to the court fee now provided by law. On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner. On the filing of objection or cross-petition to the appointment of an executor, administrator, or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party. 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. On the filing of any paper in intervention, five dollars. The foregoing fees shall be in full for all services rendered by such clerk in the case for which such fees are paid, to and including the making up of the judgment roll; but not to include payment for typing, copying or certifying. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for: For issuing an execution or order of sale, in any action, one dollar. For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing same, two dollars and fifty cents, which shall be in full for all services to be rendered in connection with said motion. For filing a notice of appeal, and appeal bond, each, fifty cents; and for any additional service connected with such appeal (not including copying or certifying), two dollars and fifty cents. For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage, two dollars and fifty cents. For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio. For issuing transcript of judgment and certifying thereto, one dollar. For filing and docketing abstract of judgment of justices court, one dollar; and for issuing execution thereon, one dollar. |
Fees of county clerk of Clark County |
κ1933 Statutes of Nevada, Page 16 (CHAPTER 19, SB 13)κ
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Fees of county clerk of Clark County
Exception
Fund for certain fees created |
For filing any paper in any case after judgment, not otherwise provided for, fifty cents. For making satisfaction of or credit on judgment, twenty-five cents. For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in any action or proceeding in court as otherwise specified in this act, twenty cents per folio. For certifying any copy of any record, proceeding, or paper on file in his office, fifty cents, and when such copy is made by him, per folio, fifteen cents. For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate, one dollar, and five cents per folio for comparing such copy with the original. For exemplifying copy, one dollar. For filing and indexing any paper pertaining to a corporation, copartnership, or bond company, one dollar. For filing and indexing certificate of fictitious names, one dollar, and for each name indexed in excess of four, twenty-five cents. For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity, fifty cents. For administering each oath, without certificate, except in a pending action or proceeding, fifty cents. For issuing any certificate under seal, not otherwise provided for, fifty cents. For taking any affidavit, except in criminal cases, fifty cents. For taking acknowledgment of any deed or other instrument, fifty cents, and when certificate is prepared by him, one dollar. For searching records or files in his office, for each year, fifty cents, but not to charge suitors or attorneys. For issuing marriage licenses, two dollars, one dollar to be paid to the county recorder. No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings. Sec. 2. Out of each fee collected on the commencement of any action or proceeding in the district court, except probate or guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justices court or a municipal court, the clerk shall set aside the sum of three dollars to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which said fund is hereby created. All other fees collected by said clerk shall be paid into the county treasury of Clark County for the benefit of the general fund. |
κ1933 Statutes of Nevada, Page 17 (CHAPTER 19, SB 13)κ
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by said clerk shall be paid into the county treasury of Clark County for the benefit of the general fund. Sec. 3. When, and if, by reason of the payment of fees provided for in section 2 of this act there shall accumulate a sum in said Clark County law library fund in excess of three thousand dollars, the county commissioners of said county shall transfer from time to time as such excess may accrue all of said excess above the sum of three thousand dollars. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 5. This act shall take effect from and after its passage and approval. |
Repeal In effect |
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[Assembly Bill No. 13Mr. McAuliffe]
Chap. 20An Act repealing an act entitled An act to authorize the payment of rewards in certain cases, approved March 19, 1931.
[Approved February 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The act entitled An act to authorize the payment of rewards in certain cases, approved March 19, 1931, be and the same is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Repeal
In effect |
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[Senate Bill No. 19Senator Scott]
Chap. 21An Act to amend section 3 of An act to designate and authorize the printing to be done at the state printing office; creating a board of control, designating the members thereof, and defining the duties of this board; and repealing all acts and parts of acts in conflict with this act, approved March 26, 1923.
[Approved February 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act, being paragraph 7494 of Nevada Compiled Laws 1929, as amended by act approved March 25, 1931 (Statutes 1931, chap. 172, page 280), is hereby amended to read as follows: Section 3. All officers, boards of officers, commissioners, trustees, superintendents, regents and directors required by law to make reports to the governor or legislature, |
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κ1933 Statutes of Nevada, Page 18 (CHAPTER 21, SB 19)κ
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Certain state officers and boards to send drafts of reports to governor |
law to make reports to the governor or legislature, except the state controller, state treasurer, state tax commission, insurance commissioner, board of control of the agricultural experiment station, and commissioners for the promotion of uniformity of legislation in the United States, must send the original drafts of such reports to the governor on or before the first day of August in the year 1934, and in every second year thereafter. |
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Two funds to be established
Tax of five mills for fund
In effect |
[Assembly Bill No. 63Mr. Murphy]
Chap. 22An Act to amend an act entitled An act to provide for the payment of retirement salaries to public school teachers of this state, and all matters properly connected therewith, approved March 23, 1915, as amended.
[Approved February 20, 1933]
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 6003 N. C. L. 1929, is hereby amended so as to read as follows: Section 1. There are hereby established two funds in the state treasury, to be known, respectively, as the public school teachers retirement salary fund and the public school teachers permanent fund. The public school teachers permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner: (1) All contributions made by teachers, as hereinafter provided; (2) The income and interest derived from the investment of moneys contained in such fund; (3) An ad valorem tax of five mills on the hundred dollars of all taxable property in the state, and it shall be annually collected at the same time and in the same manner as other state taxes are collected. (4) All donations, legacies, gifts, and bequests which shall be made to such fund, and all the moneys which shall be obtained or contributed for the same purposes from other sources. Sec. 2. This act shall become effective from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 19κ
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[Senate Bill No. 53Senator Miller]
Chap. 23An Act to amend an act entitled An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith, approved March 29, 1929, as amended.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 29 of the above-entitled act, being section 3063 N. C. L. 1929, is hereby amended so as to read as follows: Section 29. It shall be unlawful for any person to fish in or from the waters of Pyramid lake, district No. 1, Topaz lake, district No. 11, and Walker lake in district 12 between the dates of the first day of October of each year and the first day of March of the following year; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake, between April 30 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish in the same manner and for the same purpose as provided in section 31 of this act; provided further, that game fish and carp may be taken at any time during the years 1933 and 1934 from the waters of Walker lake in district No. 12. Sec. 2. This act shall become effective from and after its passage and approval. |
Fishing in Pyramid, Topaz and Walker lakes, when lawful
In effect |
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κ1933 Statutes of Nevada, Page 20κ
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Organizations may alter or cancel badges, etc.
Application to be made to secretary of state |
[Assembly Bill No. 48Mr. Black]
Chap. 24An Act to provide for the registration and protection of the names, badges, mottoes, buttons, decorations, charms, emblems, rosettes, and other insignia of associations, lodges, orders, fraternal societies, beneficial societies, or fraternal and beneficial societies or associations, historical, military, or veterans organizations, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof; to prohibit the wearing, exhibition, display, or use of the same by any person not entitled to wear, exhibit, display, or use the same; and fixing a penalty for the violation of this act.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or this state, may register, in the office of the secretary of state, a facsimile, duplicate, or description of its name, badge, motto, button, decoration, charm, emblem, rosette or other insignia, and may, by reregistration, alter or cancel the same. Sec. 2. Application for such registration, alteration, or cancellation shall be made by the chief officer or officers of said association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or associations, historical, military, or veterans organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the secretary of state; and such registration shall be for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges, and auxiliaries of said association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, and the individual members and those hereafter to become members thereof, throughout this state. Sec. 3. The secretary of state shall keep a properly indexed record of the registration provided for by this act, which record shall also show any altered or canceled registration. |
κ1933 Statutes of Nevada, Page 21 (CHAPTER 24, AB 48)κ
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indexed record of the registration provided for by this act, which record shall also show any altered or canceled registration. Sec. 4. No registration shall be granted or alteration permitted to any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society, or association, historical, military, or veterans organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, having a name, badge, motto, button, decoration, charm, emblem, rosette, or other insignia, similar to, imitating, or so nearly resembling as to be calculated to deceive, any other name, badge, button, decoration, charm, emblem, rosette, or other insignia whatsoever, already registered pursuant to the provisions of this act. Sec. 5. Upon granting registration as aforesaid, the secretary of state shall issue his certificate to the petitioners, setting forth the fact of such registration. Sec. 6. Any person who shall willfully wear, exhibit, display, print, or use, for any purpose, the badge, motto, button, decoration, charm, emblem, rosette, or other insignia of any such association or organization, herein mentioned, duly registered hereunder, unless he or she shall be entitled to use and wear the same under the constitution and by-laws, rules and regulations of such association and organization, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred ($100) dollars and, in default of payment, committed to jail for a period of not to exceed sixty (60) days. Sec. 7. The fees of the secretary of state for registration, alteration, cancellation, searches made by him, and certificates issued by him, pursuant to this act, shall be the same as provided by law for similar services. The fees collected under this act shall be paid by the secretary of state into the state treasury. Sec. 8. All acts or parts of acts inconsistent herewith are hereby repealed. Sec. 9. This act shall be in full force and effect from and after its passage and approval. |
Secretary of state to keep record Badges, insignia, etc., may not be similar to each other
Secretary of state to issue certificate Penalty for violation
Disposition of fees
Repeal In effect |
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κ1933 Statutes of Nevada, Page 22κ
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Books and pamphlets accepted as prima facie evidence
Uniform law
Name of act Former acts repealed
In effect |
[Senate Bill No. 34Senator Scott]
Chap. 25An Act concerning the proof of statutes of other jurisdictions and to make uniform the law with reference thereto.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Printed books or pamphlets purporting on their face to be the session or other statutes of any of the United States, or the territories thereof, or of any foreign jurisdiction, and to have been printed and published by the authority of any such state, territory, or foreign jurisdiction, or proved to be commonly recognized in its courts, shall be received in the courts of this state as prima facie evidence of such statutes. Sec. 2. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Sec. 3. This act may be cited as the Uniform Proof of Statutes Act. Sec. 4. An act concerning the proof of statutes of other jurisdictions, approved March 18, 1929, and all other acts or parts of acts which are inconsistent with the provisions of this act, are hereby repealed. Sec. 5. This act shall take effect July 1, 1933. |
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Preamble |
[Senate Bill No. 29Senator Henderson]
Chap. 26An Act authorizing the directors of Nevada state orphans home to sell or otherwise dispose of certain real estate acquired by the state orphans home from the estate of Henry Wood, deceased, providing the manner of sale or other disposition, and other matters properly relating thereto.
[Approved February 24, 1933]
Whereas, The only real estate acquired by the state orphans home from the estate of Henry Wood, deceased, is lot ten (10) in block fifty (50) of tract No. 1638, and lot twelve (12) in block sixty-six (66) of tract No. 2474, in the city of Manhattan Beach, Los Angeles County, California, which realty is now held by the directors of said home as a part of the perpetual trust fund created therefor by said estate; and Whereas, It will be to the best interests of the state orphans home if said real property is sold or otherwise disposed of as soon as an equitable consideration can be obtained therefor; now, therefore, |
κ1933 Statutes of Nevada, Page 23 (CHAPTER 26, SB 29)κ
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orphans home if said real property is sold or otherwise disposed of as soon as an equitable consideration can be obtained therefor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The directors of Nevada state orphans home are hereby authorized and empowered to sell or otherwise dispose of at such time or times they may deem advisable, at public or private sale or otherwise, and for such consideration they may deem equitable, all or any portion of said real property acquired from the estate of Henry Wood, deceased, and to execute such deed or deeds or other documents therefor as may be necessary to convey title or such rights as may be granted thereto. Sec. 2. The net amount of all moneys received from the sale or other disposition of said real property shall be placed in the state orphans home perpetual trust fund created therefor by the estate of Henry Wood, deceased. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
Directors of orphans home to dispose of property
Disposition of moneys
In effect |
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[Assembly Bill No. 45Mr. Carroll]
Chap. 27An Act authorizing the board of capitol commissioners of the State of Nevada to sell and convey certain real estate situated in Clark County, Nevada, to the United States of America for the price fixed by the appraised value thereof.
[Approved February 24, 1933]
Whereas, The southeast quarter of northeast quarter, the east half of southwest quarter of northeast quarter, and the east half of northeast quarter of southeast quarter of section thirty-three (33), township sixteen (16) south, range sixty-eight (68) east, Mount Diablo base and meridian, containing eighty (80) acres as shown by the official plat of the survey of the public lands, was purchased by and deeded to the State of Nevada on March 31, 1925; and Whereas, The United States of America is desirous of obtaining title to said land for a portion of the Hoover dam reservoir site, and has offered to pay therefor the price fixed by the appraised value thereof; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of capitol commissioners of the State of Nevada is hereby authorized and empowered to sell and convey the southeast quarter of northeast quarter, the east half of southwest quarter of northeast quarter, and the east half of northeast quarter of southeast quarter of section 33, township 16 south, range 68 east, Mount Diablo meridian, containing 80 acres in the county of Clark, State of Nevada, to the United States of America for the price fixed by the appraised value thereof, and which has been offered therefor by the officials of the United States bureau of reclamation. |
Preamble |
κ1933 Statutes of Nevada, Page 24 (CHAPTER 27, AB 45)κ
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Capitol commissioners to convey land to federal government
Proceeds to general fund
In effect |
sell and convey the southeast quarter of northeast quarter, the east half of southwest quarter of northeast quarter, and the east half of northeast quarter of southeast quarter of section 33, township 16 south, range 68 east, Mount Diablo meridian, containing 80 acres in the county of Clark, State of Nevada, to the United States of America for the price fixed by the appraised value thereof, and which has been offered therefor by the officials of the United States bureau of reclamation. Sec. 2. The net amount of money received from the sale of said land, after payment of all necessary costs of conveyance, shall be placed in the general fund of the state. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
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To enjoy legal benefits corporations must have resident agents |
[Assembly Bill No. 92Mr. Kenny]
Chap. 28An Act to amend section 1 of an act entitled An act to give foreign corporations the benefits of the statute of limitations of this state on certain conditions, approved March 29, 1907.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of an act entitled An act to give foreign corporations the benefits of the statute of limitations of this state on certain conditions, approved March 29, 1907, and being section 1848 Nevada Compiled Laws 1929, is hereby amended so as to read as follows: Section 1. Every foreign corporation doing business in the State of Nevada is, and shall be, entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions; provided, such corporation shall maintain and keep in the state a resident agent, who may be either an individual or a domestic corporation, upon whom process may be served, and also shall file a certified copy of its articles of incorporation, and any amendment or amendments thereto, as required by the laws of this state; and provided further, that the benefit of this act shall be suspended during any period or periods when said corporation is in default in complying with the said requirements; nor can any such corporation maintain any action or proceeding in any court of this state while so in default. |
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κ1933 Statutes of Nevada, Page 25κ
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[Assembly Bill No. 72Mr. Kenny]
Chap. 29An Act to amend 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.
[Approved February 24, 1933]
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 and immediately following section 445 thereof, being Nevada Compiled Laws 1929, section 11093, a new section to be known as section 445 1/2, reading as follows: Section 445 1/2. Upon an appeal being taken to the supreme court, as hereinbefore provided, the appellant or person taking the appeal shall, in addition to service upon all adverse parties or their attorneys, serve or cause to be served upon the attorney-general a true copy of the notice of appeal and, at the time of transmittal of the transcript and record on appeal to the clerk of the supreme court, shall transmit or cause to be transmitted to the attorney-general a true copy of such transcript and record on appeal, and shall serve or cause to be served, at the time of the filing of appellants briefs or memoranda of points and authorities in the supreme court, a true copy thereof on the attorney-general, in addition to those served on the adverse party or his attorney. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Appellants to serve notice of appeal on attorney-general
In effect |
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[Assembly Bill No. 80Washoe County Delegation]
Chap. 30An Act to establish commissioner districts in the county of Washoe, and providing for the election of members of the board of county commissioners thereof.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Within ninety days after the passage and approval of this act the board of county commissioners of Washoe County shall divide said county into two commissioner districts, with the following boundaries for each of said commissioner districts: (a) All that portion of Washoe County known as the voting precincts of Reno and Verdi, and all that portion of the county of Washoe south of the city of Reno shall be known as commissioner district No. 1. (b) All the remaining portion of Washoe County not included within the boundaries of district No. 1 as described in subdivision (a) of this section, shall be known as commissioner district No. 2. |
County of Washoe to establish two commissioner districts |
κ1933 Statutes of Nevada, Page 26 (CHAPTER 30, AB 80)κ
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How elected
To establish election precincts
Qualifications of candidates
In effect |
included within the boundaries of district No. 1 as described in subdivision (a) of this section, shall be known as commissioner district No. 2. Sec. 2. At the general election in 1934 and at each general election thereafter there shall be elected in district 2 a commissioner who shall serve for two years. At the general election in 1934 and at each general election thereafter there shall be elected in district 1 a commissioner who shall serve for four years. Sec. 3. The board of county commissioners of said Washoe County shall establish election precincts within such county in such manner that each and every election precinct shall be wholly within some one of said commissioner districts. Sec. 4. Candidates for the office of county commissioner for the respective districts shall be qualified electors and residents of the districts for which they are candidates. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 6. This act shall take effect immediately upon its passage and approval. |
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State board of health to have supervisory control of construction of mausoleums and vaults |
[Senate Bill No. 59Senator Friedhoff]
Chap. 31An Act to amend an act entitled 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.
[Approved February 28, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 21, page 23, Statutes 1931, is hereby amended so as to read as follows: Section 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. |
κ1933 Statutes of Nevada, Page 27 (CHAPTER 31, SB 59)κ
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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 as hereinafter provided. Sec. 2. Section 5 of the above-entitled act is hereby amended so as to read as follows: Section 5. There shall be deposited with the board of trustees or board of directors of any cemetery corporation or association where said mausoleum, vault or crypt is to be erected a maintenance fund in such sum as shall be determined and fixed by the said state board of health, and from and after the passage and approval 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 as herein provided 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; provided, that pending such investment as herein provided such funds may be deposited in any savings bank in this state; and provided further, that the income from such investments shall be used for the care and upkeep of said structure and for no other purpose. Sec. 3. The above-entitled act is hereby amended by adding thereto another section to be known as section 8. Section 8. Any city or county treasurer who has heretofore received or now has in his possession any moneys or securities for the care and upkeep of any mausoleum, crypt or vault is hereby authorized and directed to deliver such moneys and securities to the board of trustees or board of directors of the cemetery association authorized to receive the same under the provisions of this act. Sec. 4. This act shall take effect and be in force from and after its passage and approval. |
Cemetery corporations must secure certificate from board of health
Fund for upkeep of structure required
County treasurers to transfer funds
In effect |
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κ1933 Statutes of Nevada, Page 28κ
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Concerning liquidation of banks
In effect |
[Senate Bill No. 33Senator Handley]
Chap. 32An Act to amend an act entitled An act to regulate banking and other matters relating thereto, approved March 22, 1911, as amended.
[Approved February 28, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 61 of the above-entitled act, being section 710 N. C. L. 1929, is hereby amended so as to read as follows: Section 61. Whenever the examiner shall have paid to each and every depositor and creditor of said bank, whose claim or claims shall have been duly proved and allowed, the full amount of such claims, and shall have made proper provision for unclaimed and unpaid deposits or dividends, and shall have paid all the expenses of the liquidation, the examiner shall pay over the surplus remaining in his hands to the individual, firm, corporation, or association entitled to receive the same; provided, final liquidation in each instance must be made within not to exceed five years after the date on which the state bank examiner took possession. Sec. 2. This act shall become effective from and after its passage and approval. |
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District judges to receive traveling expenses |
[Senate Bill No. 50Senator Molini]
Chap. 33An Act to amend an act entitled An act to allow the several district judges of the State of Nevada their necessary mileage, traveling and other expenses when holding court in any county other than the county of his or their residence, approved March 30, 1931.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended so as to read as follows: Section 1. In addition to the salary provided by law, each district judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge; provided, that in all judicial districts of the State of Nevada comprising three or more counties, the district judge or district judges thereof shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of two thousand ($2,000) dollars per annum for each judge. |
κ1933 Statutes of Nevada, Page 29 (CHAPTER 33, SB 50)κ
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that in all judicial districts of the State of Nevada comprising three or more counties, the district judge or district judges thereof shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of two thousand ($2,000) dollars per annum for each judge. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall be effective from and after its passage and approval. |
Limit to expenses
Former act repealed
In effect |
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[Assembly Bill No. 37Messrs. Heward and Brown]
Chap. 34An Act relating to the liability of an owner or driver or person responsible for the operation of a vehicle for the injury or death of a guest.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who as a guest accepts a ride in any vehicle, moving upon any of the public highways of the State of Nevada, and while so riding as such guest receives or sustains an injury, shall have no right of recovery against the owner or driver or person responsible for the operation of such vehicle. In the event that such person while so riding as such guest is killed, or dies as a result of injury sustained while so riding as such guest, then neither the estate nor the legal representatives or heirs of such guest shall have any right of recovery against the driver or owner of said vehicle by reason of the death of the said guest. If such person so riding as a guest be a minor and sustain an injury or be killed or die as a result of injury sustained while so riding as such guest, then neither the parents nor guardian nor the estate nor legal representatives or heirs of such minor shall have any right of recovery against the driver or owner or person responsible for the operation of said vehicle for injury sustained or as a result of the death of such minor. Nothing in this section contained shall be construed as relieving the owner or driver or person responsible for the operation of a vehicle from liability for injury to or death of such guest proximately resulting from the intoxication, willful misconduct, or gross negligence of such owner, driver or person responsible for the operation of such vehicle; provided, that in any action for death or for injury or damage to person or property by or on behalf of a guest or the estate, heirs or legal representatives of such guest, the burden shall be upon plaintiff to establish that such intoxication, willful misconduct or gross negligence was the proximate cause of such death or injury or damage. |
Owners or drivers of vehicles absolved from damages in event guests are injured or killed
Exception if driver be guilty of intoxication or willful misconduct |
κ1933 Statutes of Nevada, Page 30 (CHAPTER 34, AB 37)κ
|
Definition of guest
In effect |
person responsible for the operation of such vehicle; provided, that in any action for death or for injury or damage to person or property by or on behalf of a guest or the estate, heirs or legal representatives of such guest, the burden shall be upon plaintiff to establish that such intoxication, willful misconduct or gross negligence was the proximate cause of such death or injury or damage. For the purpose of this section the term guest is hereby defined as being a person who accepts a ride in any vehicle without giving compensation therefor. Sec. 2. This act shall become effective from and after its passage and approval. |
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Executor of estate not exempt from liability
Executor to sell perishable property, when |
[Assembly Bill No. 26Mr. Kenny]
Chap. 35An Act to amend sections 89 and 126 of an act entitled An act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 89, being section 9688, N. C. L. 1929, of the above-entitled act is hereby amended to read as follows: Section 89. The naming of any person as executor in a will shall not operate as a discharge of any just claim which the testator had against such person, but the claim shall be included in the inventory, and the person named as executor shall be liable for the same as for so much money in his hands, when the debt or demand becomes due, unless it be proved that he had not, either at that time or at any time thereafter, any means wherewith to pay such debt or demand, or such part thereof as may remain unpaid, and that such inability did not arise from any fraud committed by him. Sec. 2. Section 126, being section 9725 N. C. L. 1929, of the above-entitled act is hereby amended to read as follows: Section 126. At any time after receiving letters, the executor, administrator or special administrator may apply to the court or judge for an order to sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept; also, so much of other personal property as may be necessary to pay the allowance made to the family of the decedent. If there be a delay in obtaining such order, such property may be sold without an order of sale; provided, that the executor, administrator or special administrator shall be held responsible for the property sold by him, unless, after making a sworn return, the court shall confirm the sale. |
κ1933 Statutes of Nevada, Page 31 (CHAPTER 35, AB 26)κ
|
making a sworn return, the court shall confirm the sale. If claims against the estate have been allowed, and a sale of property shall be necessary for their payment, or of the expenses of administration, the executor or administrator may also apply for an order to sell so much of the personal property as may be necessary. Upon filing his petition, notice of at least five days shall be given of the hearing of the application, either by posting or publishing, as the court or judge may order. A similar application may be made from time to time to the court or judge at chambers as long as any personal property remains in his hands and a sale thereof is necessary; and if he deem it for the best interest of the estate he may at any time after filing of the inventory make a like application, and after giving like notice for an order to sell the whole of the personal property belonging to the estate; and if on the hearing it shall be made to appear that a sale is necessary, or for the best interest of the estate, the court or judge shall order it to be made. In making such sales the court or judge shall order such articles as are not necessary for the support and subsistence of the family of the deceased, or are not specially bequeathed, to be sold first. Articles so bequeathed shall not be sold until the residue of the personal property has been applied to the payment of the debts and expenses of administration. Sec. 3. This act shall take effect from and after its passage and approval. |
Executor responsible for property sold
In effect |
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|
[Assembly Bill No. 99Mr. Cahlan]
Chap. 36An Act to repeal section 12 of an act entitled An act concerning juries, approved March 5, 1873.
[Approved February 24, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 12 of the above-entitled act, being section 8482 of N. C. L. 1929, is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Section repealed
In effect |
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κ1933 Statutes of Nevada, Page 32κ
|
State board of finance to restrict withdrawals from banks Banks may petition for authority to curtail withdrawals
Board to state percentage of withdrawals allowed
New deposits to be segregated from old
In effect |
[Senate Bill No. 115Committee on Banks and Banking]
Chap. 37An Act relating to bank deposits.
[Approved March 2, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of finance is hereby authorized, upon a proper application in writing, showing good cause therefor, to authorize any bank in this state to restrict, for a limited period, the percentage of withdrawals from all accounts. Sec. 2. Whenever, in the interest of public business, any bank doing business in this state shall deem it necessary to curtail or restrict the withdrawals of its patrons for a limited period, said bank, through its proper officers, may make application in writing, setting out the reasons therefor, to the state board of finance requesting an order or authorization from said board to restrict, for a limited period, withdrawals by the depositors of said bank to a specific percentage of the total respective deposit of any depositor. Sec. 3. Upon receipt of such application by the board of finance, and good cause appearing therefor, said board may issue to said applicant, after consulting the state bank examiner, an authorization specifying therein the percentage of any deposit which said bank may pay to any of its depositors, and the period to which such restriction or limitation may extend; provided, that for good cause shown the said state board may shorten or renew such authorization for a proper period. Any bank obtaining any order or authorization hereunder shall post and maintain, during the period of limitation, in a conspicuous place in or upon its banking premises, a certified copy of such authorization. Sec. 4. The board of finance is further empowered to authorize all such banks, trust companies and savings banks to thereafter receive new deposits which shall be segregated from the old deposits, and said new deposits shall not be subject to the restrictions or limitations herein or that may hereafter be imposed by the state board of finance, pursuant to the provisions herein, and said new deposits shall be invested in such liquid assets as may be approved by the state board of finance in order that banks, trust companies and savings banks may at all times have sufficient funds to meet the demands on such new deposits in accordance herewith. Sec. 5. This act shall be in effect from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 33κ
|
[Assembly Bill No. 244Mr. Cahlan]
Chap. 38An Act relating to the power of the governor to issue proclamations.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor shall have the power to issue proclamations designating certain days or weeks as holidays or legal holidays for purposes of celebration or otherwise. Sec. 2. All days declared by the governor to be legal holidays shall be observed by the closing of all state and county offices, the courts, state university and public schools and banks, unless all or part thereof are specifically exempted therefrom. Sec. 3. All days declared by the governor to be holidays only may be observed throughout the state by appropriate exercises in the public schools, or may be restricted to certain counties, cities, or districts within the state. Sec. 4. The governor shall have the power to direct the closing of any or all banks and other financial institutions for definite periods of time whenever the public interest requires such action to be taken, as in time of war, insurrections, invasions, riots, or a state, district or national financial crisis; provided, that the state board of finance shall by formal resolution request such action; provided further, that banks desiring not to avail themselves of such holiday declared by the governor may remain open and continue to do business upon notifying the governor of such intention, and receiving the consent of the state board of finance. Sec. 5. All holiday proclamations heretofore issued are hereby approved and confirmed and declared to have been in compliance with inherent and delegated authority and for the best interests of the people of the State of Nevada. Sec. 6. This act shall become effective immediately upon its passage and approval. |
Governor to declare holidays
Public offices to close
May be restricted to certain counties
Governor to have power to close banks or financial institutions by order of board of finance
Former proclamations ratified
In effect |
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κ1933 Statutes of Nevada, Page 34κ
|
State or counties to pay premiums on officers bonds
Not to apply to notaries In effect |
[Assembly Bill No. 86Mr. Persson]
Chap. 39An Act to amend section 2 of an act entitled An act to provide surety bonds for state, district, county, township and city officers at public expense, approved March 21, 1925.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 4903 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 2. The premium for any such surety bond shall be paid for by the state, if the bond is required for a state officer, or by the district, county or city, as the bond may be required, or by the county in the event that such bond is required of a township officer, out of any moneys in their respective treasuries not otherwise appropriated by law; provided, however, that no premium or charge on bonds of state officers shall exceed one-half of one per cent per annum on the amount of such bond; and provided further, that this act shall not apply to notaries public. Sec. 2. This act shall become effective from and after its passage and approval. |
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Minimum wage established on all public works |
[Assembly Bill No. 2Mr. Hamlin]
Chap. 40An Act to fix the minimum wage rate for unskilled labor on all public buildings and public highways constructed or erected by or for the State of Nevada, and on all other public works constructed by or for the State of Nevada, or by or for any county, district, municipality, or other subdivision of the State of Nevada, or any board or commission thereof, and on all public works carried on within the State of Nevada, and also to provide for a penalty for the violation of the provisions of this act, and to repeal all acts and parts of acts in conflict herewith.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On all public buildings and public highways and other public works which may hereafter be erected or constructed by or for the State of Nevada, or by or for any county, district, municipality, or other subdivision of the State of Nevada, or any board or commission thereof, and on all public works carried on within the State of Nevada by any person, firm, association, company, or corporation under contract with the State of Nevada or with any county, |
κ1933 Statutes of Nevada, Page 35 (CHAPTER 40, AB 2)κ
|
under contract with the State of Nevada or with any county, district, municipality, or other subdivision of the State of Nevada, or with any board or commission thereof, and on all public works carried on by any contractor within the State of Nevada, and on all work and labor to be done in such erection or construction or any matter or thing incident thereto by any person, firm, association, company, or corporation under contract with the State of Nevada, unskilled labor shall be paid for at the rate of not less than four ($4) dollars per each eight-hour day, or 50ȼ per hour, for each male person over the age of eighteen years who shall be employed at such labor. Sec. 2. Any person, firm, association, company, or corporation conducting or carrying on any such public work as that specified in section 1 of this act, or any portion thereof, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than one hundred fifty ($150) dollars for each person so employed at such labor for less than four ($4) dollars per each eight-hour day, or at less than 50ȼ per hour; and each day any such person shall be so employed at such labor for less than four ($4) dollars per each eight-hour day or at less than 50ȼ per hour shall be and constitute a separate offense. Sec. 3. If any provision of this act, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act declared to be severable. Sec. 4. An act entitled An act fixing the wage rate for unskilled labor on buildings erected by or for the State, approved March 29, 1907, being chapter CCII, 1907 Statutes of Nevada, page 428, and being section 3481 Revised Laws of Nevada (1912), as amended by an act approved March 13, 1929, being chapter 44 of the 1929 Statutes of Nevada, page 65, and being sections 6168, 6169 of the Nevada Compiled Laws 1929, and all other acts and parts of acts in conflict herewith, are hereby repealed, and this act shall take effect and be in force immediately upon its passage and approval; provided, however, that nothing in this act shall be construed to apply to any contract now in force between the State of Nevada, or any political subdivision thereof, and any person, firm, association, company or corporation. |
By whom must be observed
Invalidity of one provision not to affect others
Former acts repealed
Not to apply to existing contracts |
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κ1933 Statutes of Nevada, Page 36κ
|
Act repealed |
[Assembly Bill No. 197Mr. Hamlin]
Chap. 41An Act to repeal an act entitled An act to establish commissioner districts in the county of Mineral, and provide for the election therefrom of members of the board of county commissioners, approved March 7, 1927.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act to establish commissioner districts in the county of Mineral, and provide for the election therefrom of members of the board of county commissioners, approved March 7, 1927, is hereby repealed. |
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Salaries of officers of Churchill County
Salary of sheriff of Churchill County
Salary of county clerk |
[Senate Bill No. 81Senator Dolf]
Chap. 42An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of April, 1933, the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services: Sec. 2. The sheriff and ex officio license collector shall receive the sum of nineteen hundred and twenty dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month, all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners; provided, that he shall be entitled to retain twenty per cent of all moneys collected by him from sheep licenses as his commission for collecting the same. Sec. 3. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio county treasurer shall receive the sum of nineteen hundred and twenty dollars per annum. Sec. 4. The county recorder and ex officio auditor shall receive the sum of sixteen hundred dollars per annum. |
κ1933 Statutes of Nevada, Page 37 (CHAPTER 42, SB 81)κ
|
receive the sum of sixteen hundred dollars per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners. Sec. 5. The assessor shall receive the sum of sixteen hundred dollars per annum. Sec. 6. The district attorney shall receive a salary of sixteen hundred and eighty dollars per annum, and shall also be allowed his actual expenses when called from the county seat and in the discharge of the official duties of district attorney. Sec. 7. The above-named officers shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners of said county for such time and at such salary as the said board may specify. Sec. 8. The county commissioners shall receive the sum of seven hundred and twenty dollars per annum each. Sec. 9. The salaries herein provided for shall be payable in twelve equal installments. The county auditor shall on the first Monday of each and every month draw his warrant on the salary fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the county treasurer shall pay said warrant out of said fund. Sec. 10. All acts and parts of acts in conflict with this act are hereby repealed. |
Salary of recorder
Salary of assessor Salary of district attorney
Officers may name deputies
Salaries of county commissioners Salaries paid, when
Repeal |
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|
[Senate Bill No. 49Nye County Delegation]
Chap. 43An Act fixing the compensation of county officers in Nye County, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the 1st of April, 1933, the county officers of Nye County, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices: Sec. 2. The district attorney shall receive a salary of twenty-four hundred dollars per annum for all his services as such officer. |
Salaries of officers of Nye County |
κ1933 Statutes of Nevada, Page 38 (CHAPTER 43, SB 49)κ
|
Salary of district attorney
Expenses allowed
Salary of county clerk
May have deputy
Fees to go to treasury
Salary of county recorder
Salary of sheriff |
twenty-four hundred dollars per annum for all his services as such officer. He shall have such deputy or deputies, to be named by him, as the board of county commissioners of said Nye County, by unanimous consent, may deem necessary, and at such time and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than is herein provided for the performance of his official duties. Sec. 3. The county clerk and treasurer shall receive a salary of twenty-four hundred dollars per annum for all his services in said office, and shall be allowed one deputy, to be named by him, at a compensation not exceeding eighteen hundred dollars per annum. Neither the county clerk nor his deputy shall receive, either directly or indirectly, for any services, any other of the public moneys of the state or county. The board of county commissioners, by unanimous consent, may allow the ex officio treasurer to have such deputy or deputies as in their judgment may be necessary, at such compensation and for such length of time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. The county clerk shall collect in advance, and monthly turn into the county treasury, such fees and compensations as are now provided by law for services in his office. Sec. 4. The county recorder and auditor of said county shall receive a salary of twenty-four hundred dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He shall be allowed one deputy, to be named by him, at a salary not exceeding eighteen hundred dollars per annum, and shall have such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and at such compensation and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. Sec. 5. The sheriff of said county shall receive a salary of three thousand dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one under-sheriff, to be selected by him, at a compensation of eighteen hundred dollars per annum, and such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and for such time and compensation as they may fix. |
κ1933 Statutes of Nevada, Page 39 (CHAPTER 43, SB 49)κ
|
capacity of any kind whatsoever, and shall have one under-sheriff, to be selected by him, at a compensation of eighteen hundred dollars per annum, and such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and for such time and compensation as they may fix. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage any actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Said sheriff shall continue to act as ex officio assessor of said county without additional compensation, and shall have such deputies, to be named by him, as the county commissioners may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 7. This act shall become effective, and be in full force from and after April 1, 1933. |
Fees to go to treasury
Sheriff to act as assessor
Repeal
In effect |
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κ1933 Statutes of Nevada, Page 40κ
|
Concerning patented claims
Citizens may explore
May purchase
In effect |
[Senate Bill No. 45Senator Marsh]
Chap. 44An Act relating to the sale, by the county commissioners of the various counties of this state, of patented mining claims which have, or may hereafter, become the property of any county of this state through the operation of the revenue laws of the state.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any person shall present to and file with the county commissioners of the proper county an affidavit and petition showing that he is a citizen of the United States; that there is belonging to said county as shown by the official records thereof a patented mining claim or claims, sufficiently identifying the same, which have become the property of said county through operation of the revenue laws of this state; the amount of the tax and penalties and costs, if any, for which said claim or claims became the property of said county; that it is his bona fide intention to explore and develop said claim or claims, the said county commissioners may contract respecting said claim, or claims, as follows: By an order appearing on its minutes give to such petitioner permission to enter upon, not to exceed two, of any such claims and explore the same for valuable minerals for a period of six months without any charge therefor; provided, no ore or valuable mineral, in excess of five hundred (500) pounds shall be removed from any mining claim or claims until title thereto shall have been acquired by said citizen as is hereinafter provided. At the expiration of six months, or sooner, if said petitioner so desires, said county commissioners shall make and execute a deed conveying the title of such county to such claim or claims, not exceeding two, to said original petitioner for the sum for which said property became the property of the county. Sec. 2. Any and all sums received under the provisions of this act shall be paid into the general fund of the county. Sec. 3. This act shall become effective upon its passage and approval. |
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κ1933 Statutes of Nevada, Page 41κ
|
[Assembly Bill No. 140Mr. Ebert]
Chap. 45An Act authorizing payment to C. C. Carpenter of $36.68 for lost state controllers warrant.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state controller is hereby authorized and directed to draw his warrant in favor of C. C. Carpenter in the sum of thirty-six dollars and sixty-eight cents ($36.68), the same to replace state controllers warrant No. 6064 issued to said C. C. Carpenter on July 24, 1928, which was lost and not presented for payment within the legal period, and state treasurer is hereby authorized and directed to pay the same. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Relief of C. C. Carpenter
In effect |
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[Senate Bill No. 68Committee on Ways and Means]
Chap. 46An Act to repeal an act entitled An act to authorize the board of directors of the state orphans home to pay the expenses of administration of the estate of Henry Wood, deceased, and certain other expenses incidental thereto, and the expenses of any action or actions at law in connection therewith in order to secure to the State of Nevada and the state orphans home the benefits of said decedents will; and providing appropriations therefor, approved March 4, 1927.
[Approved March 6, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act to authorize the board of directors of the state orphans home to pay the expenses of administration of the estate of Henry Wood, deceased, and certain other expenses incidental thereto, and the expenses of any action or actions at law in connection therewith in order to secure to the State of Nevada and the state orphans home the benefits of said decedents will; and providing appropriations therefor, approved March 4, 1927, is hereby repealed. Sec. 2. All moneys remaining in the appropriations made by the above-entitled act are hereby reverted to the general fund of the State of Nevada. Sec. 3. This act shall become effective from and after its passage and approval. |
Repeal
Residue to revert to general fund In effect |
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κ1933 Statutes of Nevada, Page 42κ
|
Certain persons to perform marriage ceremony
Fees prohibited and allowed, when
Penalty for violation |
[Assembly Bill No. 69Mr. Carroll]
Chap. 47An Act to amend section 4 of an act entitled An act relating to marriage and divorce, approved November 28, 1861, as amended.
[Approved March 8, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being paragraph 4052 of Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 4052. Certain Persons to Perform Marriage Ceremony. Section 4. It shall be lawful for any ordained minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the district court, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married; and provided further, that no justice of the supreme court or district judge shall charge or collect any fee, or receive or accept any fee, gift, emolument or perquisite for performing any marriage ceremony, but justices of the peace shall charge and receive a fee of five dollars for performing marriage ceremonies, and where the salary and fees provided by law for any justice of the peace amount to as much as $200 per month, then all marriage fees received by said justices of the peace over and above said total compensation of $200 per month shall be forthwith deposited by said justices of the peace in the general fund of their respective counties; provided further, that justices of the peace whose total compensation from all sources does not equal $200 per month may retain all such marriage fees received by them during any calendar month until their total compensation from all sources during said calendar month shall amount to $200, and all such fees received by them in any such calendar month over and above a total compensation of $200 shall be forthwith deposited in the general fund of their respective counties. Any person violating any provision of this section shall be guilty of a misdemeanor. Any minister of the gospel, upon producing to the district court of any county or district within this state credentials of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. |
κ1933 Statutes of Nevada, Page 43 (CHAPTER 47, AB 69)κ
|
state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the county clerk in every county in which he shall solemnize any marriage, his license so obtained, and the said clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such clerk. The record so made, or the certificate thereof by the said clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages. Sec. 2. This act shall become effective immediately upon its passage and approval. |
Duties of ministers officiating
In effect |
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[Senate Bill No. 86Senator Dolf]
Chap. 48An Act to secure the attendance of witnesses from without the state in criminal cases.
[Approved March 8, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in criminal prosecutions in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, that a person being within this state is a material witness in such prosecution, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall notify the witness of such time and place. If at the hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution in the other state, that the witness will not be compelled to travel more than one thousand miles to reach the place of trial by the ordinary traveled route, and that the laws of the state in which the prosecution is pending and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending at a time and place specified in the summons. |
Judges to fix time for hearing witnesses from outside states
Judge to issue summons |
κ1933 Statutes of Nevada, Page 44 (CHAPTER 48, SB 86)κ
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Witness allowed mileage and compensation
Certificate to state time witness will be engaged
Mileage and compensation for witness
Witness immune from arrest
To make law uniform |
the witness to attend and testify in the court where the prosecution is pending at a time and place specified in the summons. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of seven and one-half cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and four dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. Sec. 2. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions in this state, is a material witness in a prosecution pending in a court of record in this state, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in the criminal prosecution in this state he shall be tendered the sum of seven and one-half cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and four dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate. Sec. 3. If a person comes into this state in obedience to a summons directing him to attend and testify in a criminal prosecution in this state he shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in a criminal prosecution in that state or while returning therefrom, he shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. Sec. 4. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Sec. 5. This act may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases. |
κ1933 Statutes of Nevada, Page 45 (CHAPTER 48, SB 86)κ
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Secure the Attendance of Witnesses from Without the State in Criminal Cases. Sec. 6. All acts or parts of acts inconsistent with this act are hereby repealed. Sec. 7. This act shall take effect July 1, 1933. |
Repeal In effect |
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[Senate Bill No. 47Senator Henderson]
Chap. 49An Act to amend section 184 of an act entitled An act providing a general law on the subject of negotiable instruments, to be known as The Negotiable Instruments Law, approved March 14, 1907.
[Approved March 8, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 184 of the above-entitled act, being section 4653 N. C. L. 1929, is hereby amended to read as follows: Section 184. A negotiable promissory note within the meaning of this act is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer, but the negotiability of a promissory note otherwise negotiable in form, secured by a mortgage or deed of trust upon real or personal property, shall not be affected or abridged by reason of a statement therein that it is so secured, nor by reason of the fact that said instrument is so secured, nor by any conditions contained in the mortgage or deed of trust securing the same. Where a note is drawn to the makers own order it is not complete until indorsed by him. |
Concerning promissory notes |
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[Assembly Bill No. 81Mr. Anderson]
Chap. 50An Act to amend an act entitled An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith, approved March 23, 1927.
[Approved March 8, 1933]
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 6089 N. C. L. 1929, is hereby amended to read as follows: |
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κ1933 Statutes of Nevada, Page 46 (CHAPTER 50, AB 81)κ
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Time limit for bonds issued
Exception
In effect |
Section 5. Bonds issued under this act shall never be issued to run for a longer period than twenty years from the date of the issue and shall, as near as practicable, be issued for a period which shall be equivalent to the life of the improvement to be acquired by the use of the bonds; provided, that the provisions of this section shall not apply to irrigation district bonds. Sec. 2. This act shall become effective from and after its passage and approval. |
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Definitions |
[Senate Bill No. 61Senator Scott]
Chap. 51An Act defining and relating to narcotic drugs, and to make uniform the law with reference thereto.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Definitions. The following words and phrases, as used in this act, shall have the following meanings, unless the context otherwise requires: (1) Person includes any corporation, association, or one or more individuals. (2) Physician means a person authorized by law to practice medicine in this state, and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment. (3) Dentist means a person authorized by law to practice dentistry in this state. (4) Veterinarian means a person authorized by law to practice veterinary medicine in this state. (5) Manufacturer means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription. (6) Wholesaler means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions. (7) Apothecary means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state. |
κ1933 Statutes of Nevada, Page 47 (CHAPTER 51, SB 61)κ
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(8) Hospital means an institution for the care and treatment of the sick and injured, approved by the state board of health as proper to be intrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian. (9) Laboratory means a laboratory approved by the state board of health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction. (10) Sale includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. (11) Coca leaves includes cocaine and any compound, manufacture, salt, derivative mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made. (12) Opium includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts. (13) Cannabis includes the following substances under whatever names they may be designated: (a) the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, (b) the resin extracted from such tops, and (c) every compound, manufacture, salt, derivative, mixture, or preparation of such resin, or of such tops from which the resin has not been extracted. (14) Narcotic drugs means coca loaves, opium, cannabis, and every substance neither chemically nor physically distinguishable from them. (15) Federal narcotic laws means the laws of the United States relating to opium, coca leaves, and other narcotic drugs. (16) Official written order means an order on a form provided for that purpose by the United States commissioner of narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the state board of health. (17) Dispense includes distribute, leave with, give away, dispose of, or deliver. (18) Registry number means the number assigned to each person registered under the federal narcotic laws. Sec. 2. Acts Prohibited. It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this act. |
Definitions
Acts prohibited |
κ1933 Statutes of Nevada, Page 48 (CHAPTER 51, SB 61)κ
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Manufacturers and wholesalers
Qualification for licenses
Sale on written orders |
prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this act. Sec. 3. Manufacturers and Wholesalers. No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of health. Sec. 4. Qualification for Licenses. No license shall be issued under the foregoing section unless and until the applicant therefor has furnished proof satisfactory to the state board of health: (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character. (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application. (c) No license shall be granted to any person who has within five years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, cannabis, or other narcotic drugs, or to any person who is a narcotic drug addict. (d) The state board of health may suspend or revoke any license for cause. Sec. 5. Sale on Written Orders. (1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: (a) To a manufacturer, wholesaler, or apothecary. (b) To a physician, dentist, or veterinarian. (c) To a person in charge of a hospital, but only for use by or in that hospital. (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes. (2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons: (a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States government or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties. (b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft, when not in port. Provided: Such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States public health service. |
κ1933 Statutes of Nevada, Page 49 (CHAPTER 51, SB 61)κ
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approved by a commissioned medical officer or acting assistant surgeon of the United States public health service. (c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with. (3) An official written order for any narcotic drug shall be signed in duplicate by the person giving said order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws respecting the requirements governing the use of order forms. (4) Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. (5) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this act. Sec. 6. Sale by Apothecaries. (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. The prescription shall not be refilled. (b) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order. |
Sale on written orders
Sale by apothecaries |
κ1933 Statutes of Nevada, Page 50 (CHAPTER 51, SB 61)κ
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Professional use of narcotic drugs
Preparations exempted |
pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order. (c) An apothecary, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty per cent of the complete solution, to be used for medical purposes. Sec. 7. Professional Use of Narcotic Drugs. (1) A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision. (2) A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. (3) Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian shall return to such physician, dentist, or veterinarian any unused portion of such drug when it is no longer required by the patient. Sec. 8. Preparations Exempted. Except as otherwise in this act specifically provided, this act shall not apply to the following cases: (1) Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce, or if a solid or semisolid preparation, in one avoirdupois ounce, (a) not more than two grains of opium, (b) not more than one-quarter of a grain of morphine or of any of its salts, (c) not more than one grain of codeine or of any of its salts, (d) not more than one-eighth of a grain of heroin or of any of its salts, (e) not more than one-half of a grain of extract of cannabis nor more than one-half of a grain of any more potent derivative or preparation of cannabis, (f) and not more than one of the drugs named above in clauses (a), (b), (c), (d), and (e). (2) Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this act shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination. |
κ1933 Statutes of Nevada, Page 51 (CHAPTER 51, SB 61)κ
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(3) The exemptions authorized by this section shall be subject to the following conditions: (a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section to any one person, or for the use of any one person or animal, any preparation or preparations included within this section when he knows, or can by reasonable diligence ascertain, that such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any 48 consecutive hours, with more than four grains of opium, or more than one-half grain of morphine or of any of its salts, or more than two grains of codeine or of any of its salts, or more than one-quarter of a grain of heroin or of any of its salts, or more than one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of this act. (b) The medical preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone. (c) Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of this act. (4) Nothing in this section shall be construed to limit the kind and quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal when it is prescribed, administered, dispensed or sold in compliance with the general provisions of this act. Sec. 9. Record To Be Kept. (1) Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients. |
Preparations exempted
Record to be kept |
κ1933 Statutes of Nevada, Page 52 (CHAPTER 51, SB 61)κ
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Record may not be kept, when
State board of health to prescribe form of record |
Provided: That no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient when the amount administered, dispensed, or professionally used for that purpose does not exceed in any 48 consecutive hours, (a) four grains of opium, or (b) one-half of a grain of morphine or of any of its salts, or (c) two grains of codeine or of any of its salts, or (d) one-fourth of a grain of heroin or of any of its salts, or (e) one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or (f) a quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency any one of the drugs named above in the quantity stated. (2) Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section. (3) Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section. (4) Every person who purchases for resale, or who sells narcotic drug preparations exempted by section 8 of this act, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection 5 of this section. (5) The form of records shall be prescribed by the state board of health. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. |
κ1933 Statutes of Nevada, Page 53 (CHAPTER 51, SB 61)κ
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as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. Sec. 10. Labels. (1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person except an apothecary for the purpose of filling a prescription under this act, shall alter, deface, or remove any label so affixed. (2) Whenever an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he shall affix to the container in which such drug is sold or dispensed a label showing his own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he is lawfully acting; the name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name, address, and registry number of the physician, dentist, or veterinarian by whom the prescription was written; and such direction as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed. Sec. 11. Authorized Possession of Narcotic Drugs by Individuals. A person to whom or for whose use any narcotic drug has been prescribed, sold, dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of section 5 of this act, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same. Sec. 12. Persons and Corporations Exempted. The provisions of this act restricting the possessing and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. Sec. 13. Common Nuisances. Any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. |
Labels
Authorized possession of narcotic drugs by individuals
Persons and corporations exempted |
κ1933 Statutes of Nevada, Page 54 (CHAPTER 51, SB 61)κ
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Common nuisances
Search, seizure, and forfeiture |
warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall keep or maintain such common nuisance. Sec. 14. Search, Seizure, and Forfeiture. Warrant to search any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, where there is reasonable ground to believe that narcotic drugs are manufactured, possessed, had under control, sold, prescribed, administered, dispensed, or compounded, in violation of this act, may issue in the same manner and under the same restrictions as provided by law for other personal property, or implements used, or evidences of crime. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows: (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept, and a return, under oath, reporting said destruction shall be made to the court or magistrate and to the United States commissioner of narcotics by the officer who destroys them. (b) Upon written application by the state board of health the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said state board of health for distribution or destruction, as hereinafter provided. (c) Upon application by any hospital within this state, not operated for private gain, the state board of health may in its discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The state board of health may from time to time deliver excess stocks of such narcotic drugs to the United States commissioner of narcotics, or shall destroy the same. (d) The state board of health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws. |
κ1933 Statutes of Nevada, Page 55 (CHAPTER 51, SB 61)κ
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officers charged with the enforcement of federal and state narcotic laws. Sec. 15. Notice of Conviction To Be Sent to Licensing Board. On the conviction of any person of the violation of any provisions of this act, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing for good cause, said board or officer may reinstate such license or registration. Sec. 16. Records Confidential. Prescriptions, orders and records required by this act, and stocks of narcotic drugs shall be open for inspection only to federal, state, county and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensed board or officer, to which prosecution or proceeding the person to whom such prescription, orders or records relate is a party. Sec. 17. Fraud or Deceit. (1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug, (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any written order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address. (2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication. (3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this act. (4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person. (5) No person shall make or utter any false or forged prescription or any written order. |
Notice of conviction to be sent to licensing board
Records confidential
Fraud or deceit |
κ1933 Statutes of Nevada, Page 56 (CHAPTER 51, SB 61)κ
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Exceptions and exemptions not required to be negatived
Enforcement and cooperation
Penalties
Judge may send offender to Nevada state hospital |
(6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs. (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 8 of this act, in the same way as they apply to transactions under all other sections. Sec. 18. Exceptions and Exemptions Not Required To Be Negatived. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this act, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant. Sec. 19. Enforcement and Cooperation. It is hereby made the duty of the state board of health, its officers, agents, inspectors and representatives, and of all peace officers within the state and of all county attorneys to enforce all provisions of this act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs. Sec. 20. Penalties. Any person violating any provision of this act shall upon conviction be punished, for the first offense, by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than five hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment; and for any subsequent offense, a prior conviction having been had at any time in any court in this or any other state or federal court, for a violation of either the provisions of this act or of any statute or ordinance dealing with or regulating the use, supply or possession of any or all narcotic drugs, shall, upon conviction, be punished by imprisonment in the state prison for not less than one year nor more than ten years, or by a fine of not less than one thousand dollars nor more than five thousand dollars, or by both such fine and imprisonment; provided, it shall be within the discretion of the judge pronouncing sentence upon any person for the violation of this act to order said person to be confined for treatment during all or any part of sentence of confinement in the Nevada state hospital for mental diseases, and it shall be the duty of the officer in charge of said institution to care for and provide treatment to all persons delivered to him in accordance with this provision. In case of commitment under this provision the county from which the person is committed shall pay to the Nevada state hospital for mental diseases the sum of twenty dollars per month during the period of confinement in that institution; but no person shall be committed to said institution under this provision who shall have been previously committed thereto or treated therein. |
κ1933 Statutes of Nevada, Page 57 (CHAPTER 51, SB 61)κ
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who shall have been previously committed thereto or treated therein. Sec. 21. Effect of Acquittal or Conviction Under Federal Narcotic Laws. No person shall be prosecuted for a violation of any provision of this act if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this act. Sec. 22. Constitutionality. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. Sec. 23. Uniformity of Interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Sec. 24. Short Title. This act may be cited as the Uniform Narcotic Drug Act. Sec. 25. Repeal. All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed. Sec. 26. Time of Taking Effect. This act shall take effect July 1, 1933. |
Effect of acquittal or conviction under federal narcotic laws
Constitutionality
Uniformity of interpretation
Short title
Repeal
In effect |
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[Senate Bill No. 94Senator Friedhoff]
Chap. 52An Act to provide a uniform fee bill for the office of secretary of state.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In matters relating to corporations organized under this act the following fees and taxes shall be collected by and paid to the secretary of state, for the use of the state: The fee for filing an original certificate of incorporation shall be computed on the basis of ten cents for each one thousand dollars of par value of stock authorized up to and including one million dollars, five cents for each one thousand dollars of par value of stock authorized in excess of one million dollars, up to and including ten million dollars, and two cents for each one thousand dollars of par value authorized in excess of ten million dollars; ten cents per thousand shares of authorized capital stock without par value; provided, however, that in no case shall the amount paid be less than twenty-five dollars. |
Fees for filing original certificate of incorporation
Minimum |
κ1933 Statutes of Nevada, Page 58 (CHAPTER 52, SB 94)κ
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For amendment of certificate
For certificate of consolidation
For amended certificate of incorporation
For certificate of extension
For notice of removal |
The fee for filing a certificate of amendment of certificate of incorporation increasing the authorized capital stock of a corporation shall be in an amount equal to the difference between the fee computed at the foregoing rates upon the total authorized capital stock of the corporation, including the proposed increase, and the fee computed at the foregoing rates upon the total authorized capital stock, excluding the proposed increase; provided, however, that in no case shall the amount be less than twenty-five dollars. The fee for filing a certificate of consolidation or merger of two or more corporations shall be an amount equal to the difference between the fee computed at the foregoing rates upon the aggregate authorized capital stock of the corporation created by such consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations; provided, however, that in no case shall the amount paid be less than twenty-five dollars. The fee for filing an amended certificate of incorporation before payment of capital and not involving an increase of authorized capital stock, or an amendment to the certificate of incorporation not involving an increase of authorized capital stock, or a certificate of reduction of capital, or a certificate of retirement of preferred stock, shall be twenty dollars. The fee for filing a certificate of extension in renewal of corporate existence of any corporation shall be an amount equal to one-fourth the fee computed at the foregoing rates for filing the original certificate of incorporation; the fee for filing certificate of dissolution shall be twenty dollars; the fee for filing certificate of increase or decrease of par value of, or the number of shares, shall be twenty dollars. The fee for filing notice of removal of principal place of business, except where such removal is made as provided by chapter 17, Statutes of Nevada, 1931, and other than by amendment, shall be five dollars; for filing notice of withdrawal from the State of Nevada by foreign companies, ten dollars; the fee for filing an appointment of resident agent, other than list of officers, shall be five dollars; the fee for certifying to articles of incorporation where copy is provided, shall be five dollars; for certifying to copy of amendment to articles of incorporation, or to copy of articles as amended, where copy is furnished, shall be five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, shall be five dollars; the fee for certifying to the reservation of a corporate name shall be two dollars; the fee for executing any certificate not herein provided shall be five dollars. The fee for comparing any document to be certified, when copy is furnished, if any corrections are required to be made therein before certifying thereto, shall be twenty cents for each folio of one hundred words of said document so compared; the fee for filing list of officers and directors or trustees and name of agent in charge of principal office shall be as is elsewhere provided by law; provided, that no fees shall be required to be paid by any religious or charitable society, or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state. |
κ1933 Statutes of Nevada, Page 59 (CHAPTER 52, SB 94)κ
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therein before certifying thereto, shall be twenty cents for each folio of one hundred words of said document so compared; the fee for filing list of officers and directors or trustees and name of agent in charge of principal office shall be as is elsewhere provided by law; provided, that no fees shall be required to be paid by any religious or charitable society, or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state. Sec. 2. For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, twenty cents per folio; for certifying to any such copy and use of state seal, five dollars for each impression; for filing and recording trademarks and names, ten dollars; to each passport or other document signed by the governor and attested by the secretary of state, ten dollars; for each commission as notary public, ten dollars; for each commission as commissioner of deeds, ten dollars; for filing power of attorney, five dollars; for searching records and archives of the state and other records and documents kept in his office he shall charge a reasonable fee. For each certificate of qualification issued to a surety company, five dollars; for filing and indexing certificate of mortgage or discharge of mortgage on live stock, vehicles and other migratory property, fifty cents. The secretary of state is required to collect the fees above specified in all cases, whether the services rendered are to a person, firm, corporation or association, and pay the same into the state treasury for the use and benefit of the library fund; provided, however, that the secretary of state shall neither charge nor collect any filing or other fees for services by him rendered to the State of Nevada, or any county, city, or town thereof, or any officer thereof in his official capacity or respecting his office or official duties, or for attesting extradition papers or executive warrants for other states, and no charge shall be made for, or in connection with, any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise. Sec. 3. All acts and parts of acts in so far as they may conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective upon its passage and approval. |
For making comparisons
For written copies of documents filed
Fees to go into library fund
Act repealed
In effect |
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κ1933 Statutes of Nevada, Page 60κ
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Uniform accounting system to be observed
Penalty for violation |
[Senate Bill No. 71Senator Carpenter]
Chap. 53An Act to amend An act to promote uniformity in accounting of county treasurers and county auditors and providing a penalty for the violation of same, approved March 28, 1919, as amended.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 2070 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 4. On or before the third Monday of July of each year the county auditor shall submit to the board of county commissioners and to the state auditor at Carson City, with no additional compensation therefor, a statement containing the above information summarized for the four preceding quarters and covering the fiscal year, which summary statement shall be made up on forms prescribed and furnished by the state auditor, and shall be made a part of the annual report of the county auditor. In case any county auditor refuses, fails, or neglects to furnish said statement, in the time and manner required, to the state auditor, it shall be the duty of the state auditor to secure such statement from said county on or before the first day of August by investigation either by himself or by some competent person deputized by him, and the cost of securing it shall be a legal charge against the delinquent county auditor. This act shall be considered mandatory, and any county treasurer or county auditor failing to comply with the provisions thereof shall be deemed guilty of malfeasance, misfeasance or nonfeasance in office. |
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[Senate Bill No. 93Senator Henderson]
Chap. 54An 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, as amended.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 513 of the above-entitled act, being paragraph 9002 N. C. L. 1929, is hereby amended so as to read as follows: |
κ1933 Statutes of Nevada, Page 61 (CHAPTER 54, SB 93)κ
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Section 513. Either party may have the deposition of a witness in this state taken before any judge or clerk of a court, or any justice of the peace or notary public in this state, on serving upon the adverse party previous notice of the time and place of examination, together with a copy of an affidavit showing that the case is one mentioned in the last section. At any time during the thirty days immediately after the service of summons by publication has been completed, and at any time thereafter, when the defendant has not appeared, and his residence is unknown to the plaintiff, the notice required by this section may be served upon the clerk of the court where the action is pending. Such notice shall be at least five days, and, in addition, one day for every twenty-five miles of the distance of the place of examination from the residence of the person upon whom the notice is served, unless, for a cause shown, a judge, by order, prescribes a shorter time. When a shorter time is prescribed, a copy of the order shall be served with the notice. Sec. 2. This act shall become effective from and after its passage and approval. |
Officials before whom depositions may be taken
In effect |
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[Senate Bill No. 87Nye County Delegation]
Chap. 55An Act to regulate and fix the fees of the county clerk of Nye County, Nevada, and to repeal all acts in conflict therewith.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk of Nye County and ex officio clerk of the Fifth judicial district court of the State of Nevada, in and for the county of Nye, shall charge and collect fees as follows: On commencement of any action or proceeding in the district court (except probate or guardianship proceedings), to be paid by the party commencing such action or proceeding, twelve 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 additional defendant appearing separately, two dollars fifty cents each. For filing a complaint in intervention, five dollars. For filing a judgment or decree, three 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. |
Fees of county clerk of Nye County |
κ1933 Statutes of Nevada, Page 62 (CHAPTER 55, SB 87)κ
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Fees of county clerk of Nye County |
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars 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 fifty cents. For entering judgment by confession, five dollars. For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, two dollars fifty cents. For issuing execution or order of sale, one dollar fifty cents; and for copying decree and return, twenty cents a folio. For services performed in an action appealed from the justice 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 copies, express charge or postage, two dollars fifty cents. For services performed in proceedings to perpetuate testimony, one dollar. For certificates for dismissal of appeal, two dollars fifty cents. For filing any paper in any case after judgment, not otherwise provided for, fifty cents. For issuing transcript of judgment, two dollars. For services rendered in any proceeding had pursuant to section 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 any 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: 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 clerk, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, fifty cents each. |
κ1933 Statutes of Nevada, Page 63 (CHAPTER 55, SB 87)κ
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other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, fifty cents each. For articles of incorporation, and amendments, two dollars, and for certificate of acceptance and change of residence, one dollar. 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 or adoption matter. Sec. 2. The foregoing fees shall include fees provided for and known as special court fees or docket fees in sections 2961 and 2962 of Nevada Compiled Laws 1929. Sec. 3. The clerk shall, on or before the fifth day of each and every month, pay to the county treasurer the amount of all fees collected by the said clerk during the next preceding month. Sec. 4. This act is to apply on all undetermined cases now on file in said court. Sec. 5. All fees to be paid at the time of filing of said instrument. Sec. 6. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 7. This act shall take effect and be in force from and after its passage and approval. |
Fees of county clerk of Nye County
Fees to be returned to county treasurer
Repeal In effect |
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[Senate Bill No. 95Senator Tobin]
Chap. 56An Act to amend an act entitled An act to authorize the board of county commissioners of the county of Humboldt to levy a special tax annually for the support of the Humboldt County fair, to provide for the payment of the proceeds of such tax levy, and other matters connected therewith, approved March 7, 1927.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. On or before the 1st day of May of each year hereafter, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of Humboldt is hereby authorized and directed, after first being requested in writing to do so by the board of directors of the Humboldt County fair, for the purpose hereinafter set forth, to levy a special tax upon all of the property of said Humboldt County, both real and personal, including the net proceeds of mines, sufficient to raise thereby for the year 1933, the sum of four thousand dollars ($4,000), and for every ensuing year thereafter the sum of four thousand dollars ($4,000). |
Tax for Humboldt County fair |
κ1933 Statutes of Nevada, Page 64 (CHAPTER 56, SB 95)κ
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To be placed in special fund
May be automatically repealed
In effect |
all of the property of said Humboldt County, both real and personal, including the net proceeds of mines, sufficient to raise thereby for the year 1933, the sum of four thousand dollars ($4,000), and for every ensuing year thereafter the sum of four thousand dollars ($4,000). Sec. 2. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. The proceeds derived from such special tax levy shall be placed in the treasury of the said county of Humboldt in a special fund to be known as the Humboldt County fair fund, and shall be used for the payment of premiums, exhibition awards, amusement and entertainment features, purchase of lands and building material for fair purposes, equipment, salaries and payment of current expenses of the said Humboldt County fair. Sec. 3. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. In the event that said Humboldt County fair is not held for a period of any five consecutive years after the passage and approval of this act, including the year 1933, this act shall be deemed automatically repealed and of no further force or effect, and all money remaining in the said Humboldt County fair fund shall thereupon revert to and become a part of the Humboldt County general fund. Sec. 4. Section 6 of the above-entitled act is hereby amended to read as follows: Section 6. At any time that there may be moneys in said Humboldt County fair fund during any period when such moneys are not required for the purpose of said fair, such moneys may be transferred from said Humboldt County fair fund into said Humboldt County general fund to such extent as may be deemed necessary and proper. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 6. This act shall be in force immediately after passage and approval. |
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Preamble |
[Senate Substitute for Senate Bill No. 73Committee on Education, State Library and Public Morals]
Chap. 57An Act authorizing and directing the state board of education to renew teachers certificates expiring in 1933 and 1934.
[Approved March 10, 1933]
Whereas, On account of the great economic depression, causing the suspension of sixteen banks in Nevada, such banks holding therein as deposits a large portion of the state and county school money set aside by law for the payment of teachers salaries, many teachers within the State of Nevada are without funds, and consequently will be unable to bear the expense of attending summer schools or to meet all the requirements concerning renewal of their certificates, and thus cannot maintain a standing which will allow the state board of education to renew such certificates; and |
κ1933 Statutes of Nevada, Page 65 (CHAPTER 57, Senate Substitute for Senate Bill No. 73)κ
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and county school money set aside by law for the payment of teachers salaries, many teachers within the State of Nevada are without funds, and consequently will be unable to bear the expense of attending summer schools or to meet all the requirements concerning renewal of their certificates, and thus cannot maintain a standing which will allow the state board of education to renew such certificates; and Whereas, Many of such certificates will expire during the years 1933 and 1934, with no fault or intent of the holders thereof; and Whereas, Such teachers have no other income nor other means of earning a livelihood, and therefore renewal of such certificates without attendance of summer schools will be but a matter of common justice to them, as well as a vast benefit to the patrons of the schools whom they serve; in turn a direct benefit to the whole state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. During the calendar years 1933 and 1934 it is hereby made the duty of the state board of education, and the particular officers charged with the execution of such duty, to renew each and every certificate of each and every teacher holding the same who has in all other respects complied with the laws of the State of Nevada pertaining thereto, which at any time during said years shall expire, upon the application in writing of the holder or holders thereof, stating the grounds or reason for the renewal of such certificate or certificates. This act shall not be construed to apply to any case wherein a certificate has expired previous to the approval of this act. Sec. 2. Nothing in this act shall be held to supersede or conflict with the state board of education in relation to holding summer schools for the benefit of teachers who may be financially able and who desire to attend summer schools to be held in the years 1933 and 1934 in Nevada. Sec. 3. This act shall become effective from and after its passage and approval. |
Preamble
State board of education to renew teachers certificates
In effect |
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κ1933 Statutes of Nevada, Page 66κ
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Time limit in application for new trial
In effect |
[Senate Bill No. 113Senator Henderson]
Chap. 58An Act to amend section 381 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 381 of the above-entitled act, being paragraph 8879 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 381. The party intending to move for a new trial must, within five days after the verdict of the jury, if the action was tried by jury, or within ten days after written notice of the decision of the court, or referee, if the action was tried without a jury, file with the clerk and serve upon the adverse party a notice of his intention, designating grounds upon which the motion will be made, and whether the same will be made upon affidavits or upon the minutes of the court. Said written notice of decision shall be served by the prevailing party in the action upon the unsuccessful party thereto, and a copy thereafter filed. Sec. 2. This act shall become effective from and after its passage and approval. |
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Preamble |
[Senate Substitute for Assembly Bill No. 3Committee on Ways and Means]
Chap. 59An Act to suspend interest payments and delinquent penalties upon taxes for the year 1932, payable on or before the first Monday in December, 1932.
[Approved March 10, 1933]
Whereas, Owing to the general demoralization of the farming industry in various sections within the State of Nevada, and the inadequate market for farm crops during the year 1932, and previous thereto, many and divers taxpayers and citizens were unable to pay taxes due unto various counties and unto the State of Nevada at the time payment was due, on or before the first Monday in December, 1932; and Whereas, By reason thereof taxes in large amounts and by a multitude of persons have become delinquent in various counties of the State of Nevada; and Whereas, If the original taxes due the various counties and the state by reason of the conditions aforesaid were paid without assessing and collecting the usual fifteen per cent penalty and the three per cent per month interest rate due under the law, a vast amount of these taxes would be paid, and the counties and state would get the benefit, at the present time, of the tax money, and a great many of the properties would not be sold to the county for delinquent taxes and penalties; and |
κ1933 Statutes of Nevada, Page 67 (CHAPTER 59, Senate Substitute for Assembly Bill No. 3)κ
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paid without assessing and collecting the usual fifteen per cent penalty and the three per cent per month interest rate due under the law, a vast amount of these taxes would be paid, and the counties and state would get the benefit, at the present time, of the tax money, and a great many of the properties would not be sold to the county for delinquent taxes and penalties; and Whereas, If some relief is not given in these cases, a great many of the taxpayers will not pay their taxes, and the various counties will be burdened with ownership of lands which will rapidly deteriorate in value and be a liability to state and counties.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county treasurers, as ex officio tax receivers of the various counties of the State of Nevada, are hereby authorized, empowered and directed to accept all taxes, exclusive of penalties, interest and costs upon all property, real or personal, appearing upon their various assessment rolls, and upon which taxes were due the first Monday in December, 1932, for and upon all property assessed in each county for the year ending December 31, 1932; provided, that said taxes shall be paid by the property owner, in full amount, exclusive of penalties, costs and interest charges on or before midnight of June 1, A. D. 1933. Sec. 2. This act shall be deemed to be a relief act for all delinquent taxpayers within the State of Nevada, for the period described in section 1, and shall not be extended to or be operative for any other period. Sec. 3. The county auditors of the various counties of the State of Nevada and the state controller and the Nevada tax commission of the State of Nevada and all other officers and agents of the various counties and state are hereby authorized, directed and empowered, where the tax, exclusive of penalties and interest mentioned in section 1 hereof, shall have been by the property owner paid, to credit the tax receiver with and charge off said delinquencies, penalties, costs and interest. If any taxpayers shall have paid any penalty for delinquency for said year, prior to the passage and approval of this act, the county commissioners of the proper county, upon satisfactory proof thereof, shall allow a refund therefor and direct the payment of the same. Sec. 4. This act shall expire by limitation at midnight upon June 1, 1933. Sec. 5. This act shall take effect from and after its passage and approval. |
Preamble
Penalties removed on delinquent taxes
Order expires, when
Refund to taxpayers in certain cases
In effect |
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κ1933 Statutes of Nevada, Page 68κ
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Witnesses compensation
Mileage allowed
Witness fees to be paid by defeated party
Exception in justice court |
[Assembly Bill No. 100Mr. Cahlan]
Chap. 60An Act to amend sections 1 and 2 of an act entitled An act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith, approved March 26, 1919.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being paragraph 8490 N. C. L. 1929, is hereby amended to read as follows: Section 1. Witnesses required to attend in the courts of this state shall receive the following compensation: For attending in any criminal case, or civil suit or proceeding before a court of record, referee or commissioner, or before the grand jury, in obedience to a subpena, four dollars for each days attendance, which shall include Sundays and holidays. For attending in a civil suit or proceeding before a justice of the peace, three dollars for each days attendance, which shall include Sundays and holidays. Mileage shall be allowed and paid at the rate of fifteen cents a mile, one way only, for each mile necessarily and actually traveled by the shortest and most practical route; provided, however, that no person shall be obliged to testify in a civil action or proceeding unless his mileage and fees for at least one days attendance shall have been tendered or paid him or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least one days fees shall have been paid him if he demanded the same. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party, upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf. No per diem or mileage shall be allowed or paid to witnesses in criminal cases in justice courts; provided, however, in preliminary examinations, where witnesses are compelled to travel a greater distance than fifteen miles one way, they shall be paid fifteen cents per mile one way only for each mile necessarily and actually traveled by the shortest and most practical route, and in addition be paid four dollars a day for each day that they are actually in attendance (which shall include Sundays and holidays), which said claim, when itemized in detail, shall be allowed, audited and paid as are other claims against the county; and provided further, that before any such claim shall be allowed, audited or paid as herein provided, the district attorney and magistrate shall certify thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate. |
κ1933 Statutes of Nevada, Page 69 (CHAPTER 60, AB 100)κ
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a day for each day that they are actually in attendance (which shall include Sundays and holidays), which said claim, when itemized in detail, shall be allowed, audited and paid as are other claims against the county; and provided further, that before any such claim shall be allowed, audited or paid as herein provided, the district attorney and magistrate shall certify thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate. Sec. 2. Section 2 of the above-entitled act, being paragraph 8491, N. C. L. 1929, is hereby amended to read as follows: Section 2. Each person summoned to attend as a grand or trial juror, unless on or before the day he is summoned to attend he be excused by the court at his own request from serving, shall receive (except as hereinafter provided) four dollars per day for each day he may be in attendance, which shall include Sundays and holidays, and fifteen cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only; provided, however, that where the mileage does not exceed one mile no allowance shall be made therefor. In civil cases the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury; but in case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict, and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party. Jurors actually sworn and serving in civil cases or proceedings in justice courts shall receive three dollars per day as full compensation for each day of said service. No fees shall be allowed nor mileage paid trial jurors in criminal cases in justice courts. The fees paid jurors by the county clerk for services in a civil action or proceeding (which he has received from the party demanding the jury), shall be deducted from the total amount due them for attendance as such jurors, and the balance only shall be a charge against the county; provided, however, the fees for the first days attendance and each additional day to and including the day the jury is impaneled shall be a charge against and be paid by the county. Coroners jurors (with not more than three persons upon the jury) shall be entitled to receive for each days service two dollars and fifty cents, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner. |
Fees when summoned as grand or trial juror
Party who demands jury to deposit fees in advance
Fees paid by county, when |
κ1933 Statutes of Nevada, Page 70 (CHAPTER 60, AB 100)κ
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Fees for persons serving on coroners jury
Repeal In effect |
the jury) shall be entitled to receive for each days service two dollars and fifty cents, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall take effect immediately upon its passage and approval. |
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Salaries of officers of city of Las Vegas
In effect Repeal |
[Assembly Bill No. 136Clark County Delegation]
Chap. 61An Act to amend an act 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, as amended, by amending section 10, chapter 2 thereof, as amended.
[Approved March 10, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10, chapter 2, of the above-entitled act, is hereby amended to read as follows: Section 10. Mayor, Commissioners and Clerk-Salary of. The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of one hundred eighty dollars ($180) per annum; each of the city commissioners shall receive the sum of one hundred twenty dollars ($120) per annum; the city clerk shall receive the sum of eighteen hundred dollars ($1,800) per annum. All salaries named in this section shall be payable in equal monthly installments. Sec. 2. This act shall become effective on June 1, 1933. Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed. |
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κ1933 Statutes of Nevada, Page 71κ
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[Senate Bill No. 97Committee on Ways and Means]
Chap. 62An Act authorizing the state board of examiners to issue and sell bonds to provide money to replace federal funds belonging to the University of Nevada now on deposit in closed banks, providing for the payment of said bonds, authorizing and directing the state controller and state treasurer to pay the proceeds of the sale of said bonds to the board of regents of the University of Nevada, and other matters relating thereto.
[Approved March 10, 1933]
Whereas, The State of Nevada receives by the provisions of the several acts of Congress for the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts approximately $182,000 per annum, for the support and maintenance and more complete endowment of the University of Nevada; and Whereas, The acts of Congress making these annual appropriations to the State of Nevada provide: That if any portion of the moneys received by the designated officer of the state or territory for the further and more complete endowment, support and maintenance of the colleges, shall by any action or contingency be diminished or lost, or be misapplied, it shall be replaced by the state or territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such state or territory; and Whereas, There is on deposit in the closed banks in Reno, Nevada, the sum of $75,071.20 of such federal funds; and Whereas, The acts of Congress making these annual appropriations to the State of Nevada further provide that all such appropriations shall be expended in the fiscal year for which they are made; and Whereas, The present federal fiscal year ends June 30, 1933; and Whereas, All provisions of the acts of Congress making these annual appropriations to the State of Nevada for the support, maintenance and more complete endowment of the University of Nevada must be complied with in order that the State of Nevada shall continue to receive these annual federal appropriations; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of examiners is hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of seventy-five thousand ($75,000) dollars. Said bonds shall be in denominations of one thousand ($1,000) dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of issuance. |
Preamble
State board of examiners to issue bonds for $75,000 |
κ1933 Statutes of Nevada, Page 72 (CHAPTER 62, SB 97)κ
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Time for redemption
Proceeds to be placed in educational funds
Special tax for redemption of bonds
Faith of the state pledged |
United States, and shall be numbered serially, and when retired shall be retired in order of issuance. Said bonds shall be signed by the governor and indorsed by the state treasurer and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of not to exceed four per cent per annum, payable semiannually, and shall be redeemed within twenty years from date of issuance. Sec. 2. On the first day of July, 1937, and annually thereafter, at least five of said bonds, together with the interest thereon, shall be paid and redeemed by the State of Nevada. Sec. 3. Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety thousand acre grant fund, and/or the university irreducible fund, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as University of Nevada bond fund. Sec. 4. For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, there is hereby levied for each of the years 1933 and 1934 a special ad valorem tax of one-quarter (1/4) cent on each one hundred dollars ($100) assessed valuation, including the proceeds of mines, and annually thereafter a special ad valorem tax for such amount as shall be necessary or sufficient to pay interest semiannually as it shall accrue on each and every bond issued under the provisions of this act, and also to pay and discharge the principal of such bonds at par value as such bonds respectively fall due; said ad valorem tax shall be levied on the assessed value of all property, both real and personal, including proceeds of mines, within the State of Nevada, until the said bonds with interest shall have been fully paid. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the state treasurer in a special fund to be known as University of Nevada bond redemption fund, and the respective amounts of such ad valorem tax are hereby appropriated for that specific purpose; provided, however, that no such ad valorem tax shall be so levied for any year in which a sufficient amount of money from other sources of revenue has been appropriated and set apart to pay the interest as it shall accrue on said bonds for that year, and also to pay and discharge the principal of any of said bonds falling due during such year. Sec. 5. 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 provided. |
κ1933 Statutes of Nevada, Page 73 (CHAPTER 62, SB 97)κ
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under and by virtue thereof shall have been paid in full as in this act provided. Sec. 6. Any money collected in any year pursuant to the special ad valorem tax herein provided to be levied which is not used in payment of the interest and principal of said indebtedness shall be paid into the general fund of the State of Nevada. Sec. 7. The moneys received from sale of said bonds shall be used solely for the purpose of replacing the federal funds now on deposit and tied up in the closed banks in Reno, Nevada. Sec. 8. After the issuance, execution and sale of the bonds as herein provided, upon the order of the board of regents of the University of Nevada approved by the state board of examiners, the state controller is hereby authorized and directed to draw his warrant in favor of said board of regents of the University of Nevada, for seventy-five thousand ($75,000) dollars, and the state treasurer is hereby authorized and directed to pay the same from the said University of Nevada bond fund. Sec. 9. This act is hereby declared to be an emergency measure, and it shall be in full force and effect from and after its passage and approval. |
Residue to go into general fund
Use of funds limited
Duties of controller and treasurer
Emergency measure |
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[Assembly Bill No. 119Mr. Stewart]
Chap. 63An Act to amend section 8 of an act entitled An act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885, as amended.
[Approved March 10, 1933]
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, as amended, being paragraph 5519 of Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 8. In addition to the mode and manner of the sale of state lands, the state land register is hereby further empowered to sell and dispose of any agricultural or grazing lands, the purchase price to be to any person making application as required in section 5 of this act, by entering into contract of sale, after ascertaining that land applied for is subject to entry under the provisions of this act, each contract to require: One-fifth of the purchase price to be paid upon application, the remainder of the purchase price to be paid in fifty years from the date of the contract, with interest at the rate of six per cent per annum, interest payable annually; provided, that the applicant, or his heirs or assigns, may, at any time prior to the maturity of such contract, make full payment of the principal and interest due under the terms of such contract and receive patent in the name of the applicant. |
State land register empowered to sell or dispose of any agricultural or grazing lands; terms of sale |
κ1933 Statutes of Nevada, Page 74 (CHAPTER 63, AB 119)κ
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Land reverts to state, when
Disposition of receipts
Timber lands
In effect |
paid in fifty years from the date of the contract, with interest at the rate of six per cent per annum, interest payable annually; provided, that the applicant, or his heirs or assigns, may, at any time prior to the maturity of such contract, make full payment of the principal and interest due under the terms of such contract and receive patent in the name of the applicant. All such contracts shall be entered into in writing with the person so purchasing, in which the conditions shall be distinctly expressed, that upon the failure to pay the annual interest or principal when due, as stipulated, the land shall immediately thereafter be subject to sale in the same manner and under the same conditions as though no such prior contract of sale had been made; provided, that the state land register is hereby authorized to accept an overdue interest payment on any contract now in force or hereafter issued during the period of two years from the date required for such interest payment; but when application is made for any portion of the land described in any contract on which the annual interest payment is overdue, it shall be the duty of the state land shall register to immediately declare such contract forfeited, and to accept and certify such application, and the remainder of the land embraced in such forfeited contracts shall unconditionally revert to the state; provided further, that no application shall be received for any part of the lands embraced in such contract within six months from the date when said interest payment becomes overdue unless an abandonment to said contract be filed by the contractor, assignee, or agent. All payments of interest and for sales of lands shall be paid to the register, who shall certify the same and the terms thereof to the controller and treasurer, and the controller, upon receipt of such certificate, shall issue his order to the treasurer, apportioning the interest to the fund to which it may belong, as in section five of this act, and upon payment being made by the register of the amount specified in the order, the treasurer shall issue his receipts in duplicate for each payment and deliver the same to the register, who shall file the original and deliver the duplicate to the payee by mail or otherwise, and when full payment shall have been made, patent shall issue to the purchaser as provided in section sixteen of this act. No timber land shall be sold unless the whole purchase price shall be paid at time of application. Sec. 2. This act shall be in full force and effect from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 75κ
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[Assembly Bill No. 143Mr. Cahlan]
Chap. 64An Act for the relief of William Royle.
[Approved March 10, 1933]
Whereas, William Royle, as labor commissioner of the State of Nevada, did have certain sums of money on deposit in the contingent fund, among which was a disputed sum of seventy dollars; and Whereas, During the sickness of said William Royle attorney for a claimant in another case levied an attachment and execution on the contingent fund, recovering $47.50 belonging to the said special deposit, which said sum said William Royle was required to pay out of his private funds, together with the sum of eighty-three cents interest thereon; and Whereas, There is no adequate provision made by the legislature of the State of Nevada for the reimbursement of such sums to said William Royle; and Whereas, The said sum of $47.50, and interest thereon in the sum of eighty-three cents, is a just claim against the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the sum of $48.33 is hereby appropriated from the general fund of the State of Nevada in payment of the said claim of William Royle, and the state controller is hereby directed to draw his warrant in favor of said William Royle in said amount, and the state treasurer is directed to pay the same from said appropriation. Sec. 2. This act shall become effective from and after its passage and approval. |
Preamble
Relief of William Royle
In effect |
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[Senate Bill No. 54Senator Branson]
Chap. 65An Act limiting the hours of daily employment of drivers of certain motor vehicles.
[Approved March 15, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No owner or operator of a motor vehicle carrying passengers or property for hire on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada. |
Limiting hours of employment of drivers of motor vehicles |
κ1933 Statutes of Nevada, Page 76 (CHAPTER 65, SB 54)κ
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Penalty for violation
In effect |
Sec. 2. It shall be the duty of the state labor commissioner, all traffic officers of the state, and any subdivision thereof, all state police, all peace officers and the inspector acting under the authority of the public service commission to enforce the provisions of this act, and any violation of this act shall be a misdemeanor. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
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Charitable organizations exempted from taxation
Idem
In effect |
[Senate Bill No. 133Senator Miller]
Chap. 66An Act further defining charitable corporations and exempting from taxation the property of such corporations.
[Approved March 15, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the corporations now defined by law to be charitable corporations there is hereby included corporations whose objects and purposes are for public charity, religious or educational, and whose funds have been derived in whole or in part from public donations, and corporations prohibited by their articles of incorporation from declaring or paying dividends, and where the money received by it is devoted to the general purpose of charity, and no portion of same is permitted to inure to the benefit of any private individual engaged in managing the charity, and where indigent persons without regard to race or color may receive medical care and attention without charge or cost. Sec. 2. All buildings belonging to corporations defined in section 1 hereof, together with the land actually occupied by such corporation for the purposes described and the personal property actually used in connection therewith, are exempt from taxation when used solely for the purpose of the charitable corporation. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 77κ
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[Senate Bill No. 118Senator Henderson]
Chap. 67An Act authorizing the sale or lease by any railroad corporation owning any railroad in this state, of its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress; also authorizing the corporation purchasing or leasing the same to operate such railroad, to build and operate extensions or branches thereof, and for that purpose to exercise the power of eminent domain, and to repeal all acts in conflict herewith.
[Approved March 15, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any railroad corporation owning a railroad in this state may sell, convey, and transfer, or lease its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress, upon such terms and conditions as its board of directors deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise not less than sixty-six and two-thirds per cent of the voting power, given at a stockholders meeting called for that purpose, or when authorized by the written consent of stockholders holding stock in the corporation entitling them to exercise not less than sixty-six and two-thirds per cent of the voting power; provided, however, that the articles of association may require the vote or written consent of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders. Any such other railroad corporation receiving such conveyance or lease may hold and operate such railroad franchise and property within this state, build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this state. And any railroad corporation organized under the laws of any other state or territory, or under any act of Congress, may construct, own and operate a line of railroad and extensions and branches thereof in this state, and for that purpose may exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually, to all intents and purposes, as if such corporation were organized under the laws of this state; provided, nevertheless, that before any corporation, incorporated or organized otherwise than under the laws of this state, shall acquire or construct any railroad in this state, by virtue of this law, it shall comply with the provisions of An act to require foreign corporations to qualify before carrying on business in this state, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith, approved March 20, 1907 (the same being paragraphs 1841 to 1843 N. C. L., inclusive). |
Railroad corporation may sell or lease its property or franchises by two-thirds vote of stockholders |
κ1933 Statutes of Nevada, Page 78 (CHAPTER 67, SB 118)κ
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Former acts repealed |
nevertheless, that before any corporation, incorporated or organized otherwise than under the laws of this state, shall acquire or construct any railroad in this state, by virtue of this law, it shall comply with the provisions of An act to require foreign corporations to qualify before carrying on business in this state, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith, approved March 20, 1907 (the same being paragraphs 1841 to 1843 N. C. L., inclusive). Sec. 2. An act authorizing the sale by any railroad corporation owning any railroad in this state, of its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this state or of any other state or territory, or under any act of Congress; also authorizing the corporation purchasing the same to operate such railroad, to build and operate extensions or branches thereof, and for that purpose to exercise the power of eminent domain, approved March 1, 1899, as amended February 17, 1927 (paragraph 6299 N. C. L.), and all acts and parts of acts in conflict herewith are hereby repealed. |
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Provisions under which building and loan and other financial institutions may organize |
[Assembly Bill No. 242Mr. Brown]
Chap. 68An Act to amend sections numbered 1, 4, 12, and 22 of an act entitled 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.
[Approved March 15, 1933]
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 (Statutes 1931, p. 63) is hereby amended to read 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, |
κ1933 Statutes of Nevada, Page 79 (CHAPTER 68, AB 242)κ
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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 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, 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 law except as in this act otherwise provided. Any such building and loan association heretofore organized under any law of the State of Nevada may renew its charter or continue its corporate existence in the manner provided by sections 93, 94 and 95 of an act entitled, An act providing a general corporation law, approved March 21, 1925. Sec. 2. Section 4 of the above-entitled act is hereby amended to read as follows: Section 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 bonds, debentures or notes of any federal home loan bank, or bonds 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, 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. |
Plan must first be approved by state bank examiner
Associations organized outside of State of Nevada must post $20,000 in money or securities |
κ1933 Statutes of Nevada, Page 80 (CHAPTER 68, AB 242)κ
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Provisions shall not apply, when
Provisions governing withdrawal of matured certificates
Payments on withdrawals may be prorated |
state with whom such companies, associations or corporations shall do business; provided, however, 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. Sec. 3. Section 12 of the above-entitled act is hereby amended to read as follows: Section 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. Borrowed money shall not be considered receipts for the payment of withdrawals; provided, however, all money borrowed from the federal home loan bank, or from any other federal loan agency, for the purpose of paying withdrawals, may be used for such purpose and shall not be considered as receipts within the restrictions of this section. 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, any such foreign or domestic association, company or corporation may, without the necessity of obtaining permission of the bank examiner, make or purchase loans or investments not exceeding the principal amount of moneys borrowed by such association, company or corporation from a federal home loan bank or other federal loan agency; and provided further, 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. Whenever applications for withdrawals shall reach such an amount that, in the opinion of the bank examiner, it would be inexpedient to pay such applications in the order of their filing, then, with the written permission of the bank examiner, first had and obtained, so much as may be directed by the bank examiner, of the money available to pay withdrawals, may, each month, be prorated upon the amounts of all applications for withdrawals on file, irrespective of the order of filing. 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, 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, 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. |
κ1933 Statutes of Nevada, Page 81 (CHAPTER 68, AB 242)κ
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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, 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, 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. 4. Section 22 of the above-entitled act is hereby amended to read as follows: Section 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 the 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. The state bank examiner, his agents and employees, may furnish to the federal home loan bank board, or to any federal home loan bank, or to examiners duly appointed by the federal home loan bank board or by any federal home loan bank, or to any federal loan agency, copies of any instruments concerning, and may disclose any information with reference to, the condition or affairs of any such foreign or domestic association, company or corporation. |
Loans shall not be made, when
State bank examiner to have supervision of all companies or associations |
κ1933 Statutes of Nevada, Page 82 (CHAPTER 68, AB 242)κ
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In effect |
reference to, the condition or affairs of any such foreign or domestic association, company or corporation. Sec. 5. This act shall take effect and be in force from and after its passage and approval. |
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Primary candidates to be nominees of party, when
Names to be omitted from primary ballots, when |
[Assembly Bill No. 141Mr. McAuliffe]
Chap. 69An Act to amend section 22 of an act entitled An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917.
[Approved March 15, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 22 of the above-entitled act, being paragraph 2425 N. C. L. 1929, is hereby amended to read as follows: Section 22. The party candidate who receives the highest vote at the primary shall be declared to be the nominee of his party for the November election. In the case of an office to which two or more candidates are to be elected at the November election, those party candidates equal in number to positions to be filled who receive the highest number of votes at the primary shall be declared the nominees of their party; provided, that if only one party shall have candidates for an office or offices for which there is no independent candidate, then the candidates of such party who received the highest number of votes at such primary (not to exceed in number twice the number to be elected to such office or offices at the general election) shall be declared the nominees of said office or offices, provided further, that where only two candidates have filed for a partisan nomination for any office on only one party ticket, and no candidates have filed for a partisan nomination on any other party ticket, for the same office, to which office only one person can be elected, the names of such candidates shall be omitted from all the primary election ballots, and such candidates names shall be placed on the general election ballots. In the case of a nonpartisan office to which only one person can be elected at the November election, the two candidates receiving the highest number of votes shall be declared to be the nonpartisan nominees; provided, however, that where but two candidates have filed for a nonpartisan office, to which only one person can be elected, the names of such candidates shall be declared to be the nonpartisan nominees for such office. In the case of a nonpartisan office to which two or more persons may be elected at the November election, those candidates equal in number to twice the number of positions to be filled who receive the highest number of votes shall be declared to be the nonpartisan nominees for such office. |
κ1933 Statutes of Nevada, Page 83 (CHAPTER 69, AB 141)κ
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at the November election, those candidates equal in number to twice the number of positions to be filled who receive the highest number of votes shall be declared to be the nonpartisan nominees for such office. Sec. 2. This act shall take effect immediately upon its passage and approval. |
In effect |
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[Senate Bill No. 108Committee on Ways and Means]
Chap. 70An Act to repeal section 3 of an act entitled An act to fix the compensation of the clerk of the supreme court, approved February 24, 1875.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act, being paragraph 8444 N. C. L. 1929, is hereby repealed. |
Act repealed |
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[Assembly Bill No. 239Mr. Blundell]
Chap. 71An Act to amend section 1 of an act entitled An act authorizing, empowering and directing the county commissioners of Washoe County, Nevada, to fix the salaries and compensation of certain employees in said county, and other matters related thereto, approved March 21, 1929.
[Approved March 16, 1933]
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, as amended by Stats. 1929, chapter 91, page 126, is hereby amended to read as follows: Section 1. From and after the passage and approval of this act and at any regular meeting of the county commissioners of Washoe County, Nevada, after advising with the various elective officers, the said county commissioners are hereby authorized, empowered and directed to fix and establish the salary, or compensation, of any or all deputies of any county officer, clerk, typist, assistant, or other employee in any office, department, or position, within said county, now or hereafter employed. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
Commissioners Washoe County to fix salaries of deputies
Repeal
In effect |
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κ1933 Statutes of Nevada, Page 84κ
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Preamble
Relief for Francis M. Seegmiller
Auditor to draw warrant
In effect |
[Assembly Bill No. 247Lincoln County Delegation]
Chap. 72An Act for the relief of Francis M. Seegmiller.
[Approved March 16, 1933]
Whereas, Francis M. Seegmiller was engaged under contract by the Lincoln County board of education as a high school mathematics teacher for the school year of 1929-1930, at a salary of $1,600 for nine months of school, payable in ten monthly installments of $160 each; and Whereas, He faithfully performed all duties required of him under said contract for a period of seven months, but actually received only four vouchers, each in the sum of $160, a total of $640 out of the total of $1,244.44 which he had earned, owing to the fact that payment on school orders was stopped by the state board of education when it failed to issue a high school certificate to said Francis M. Seegmiller because he lacked the required hours of practice teaching; and Whereas, The balance due has been ever since held in the Lincoln County high school fund for the specific purpose of paying the balance believed to be due, but which cannot be paid legally without legislative action.
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of education of the county of Lincoln is hereby authorized and directed to issue its school order to Francis M. Seegmiller covering balance due for services rendered as teacher of mathematics in the Lincoln County high school at Panaca during the year 1929-1930, in the sum of $604.44. Sec. 2. Upon issuance of said school order, the county auditor shall draw his warrant upon the county treasurer in the amount of said balance due, less the sum of six dollars to be deducted for teachers retirement fund, and the county treasurer shall pay the same out of the Lincoln County high school fund. Sec. 3. This act shall become effective upon its passage and approval. |
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κ1933 Statutes of Nevada, Page 85κ
|
[Senate Substitute for Assembly Bill No. 15Committee on Judiciary]
Chap. 73An Act to amend section 810 of 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.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 810 of the above-entitled act, being paragraph 9299 N. C. L. 1929, is hereby amended to read as follows: Section 810. The sections of this act from section 209 to 226, both inclusive, are applicable to attachments issued in justices courts, the word constable being substituted for the word sheriff, whenever the writ is directed to a constable, and the word justice being substituted for the word judge; provided, if property taken or held by a constable by virtue of his office be claimed by any other person than the defendant, and such person make affidavit of his title thereto, or right to possession thereof, stating the grounds of such title or right, and serve the same upon the constable, the constable shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of the constable, indemnify the constable against such claim by an undertaking, made payable in lawful money of the United States, by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property so held, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county; and no claim to such property by any other person than the defendant shall be valid against the constable unless so made. Sec. 2. This act shall become effective from and after its passage and approval. |
Protection for constables in attachments issued from justice courts
In effect |
________
κ1933 Statutes of Nevada, Page 86κ
|
City funds to be kept separate from county and other funds
In effect |
[Assembly Bill No. 105Elko County Delegation]
Chap. 74An Act to amend an act entitled An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907, as amended.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 61 of the above-entitled act, being paragraph 1162 N. C. L. 1929, is hereby amended to read as follows: Section 61. The treasurer or the county treasurer when acting as ex officio city treasurer shall keep all money belonging to the city separate and distinct from all other moneys held by him for any other purpose or fund whatsoever, and may, when a private or an incorporated bank is located in such city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account; and when no such bank or banks exist in such city, may deposit, with the unanimous consent of his bondsmen, city funds with any private or incorporated bank in the State of Nevada. Such accounts shall be kept in the name of the city in such manner as the governing board of said city may prescribe and under such terms and conditions for the protection of said funds as said governing board may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public funds. The balances in said banks, as certified to by the proper officer thereof, and by the oath of the city treasurer, may be counted as cash. Sec. 2. This act shall take effect immediately upon its passage and approval. |
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|
|
[Assembly Bill No. 24Mr. Kenny]
Chap. 75An Act to amend An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240 of the above-entitled act, being paragraph 10888 N. C. L. 1929, is hereby amended to read as follows: |
κ1933 Statutes of Nevada, Page 87 (CHAPTER 75, AB 24)κ
|
Section 240. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in any of the following cases: If it be an indictment: 1. Where it is not found indorsed and presented as prescribed in this act. 2. When the names of the witnesses examined before the grand jury, or whose deposition may be read before them, are not inserted at the foot of the indictment, or indorsed thereon. 3. When a person is permitted to be present during the session of the grand jury, when the charge embraced in the indictment is under consideration, except as provided in section 180. 4. When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror. If it be an information other than one filed by the district attorney, by leave of court, after the accused has been discharged: 1. That before the filing thereof the defendant had not been legally committed by a magistrate. 2. That it was not subscribed by the district attorney of the county. Sec. 2. Section 308 1/2 of the above-entitled act, being paragraph 10957 N. C. L. 1929, is hereby amended to read as follows: Section 308 1/2. Whenever, in the opinion of a judge of a district court about to try a defendant against whom has been filed any indictment or information for a felony, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or two additional jurors, in its discretion, to be known as alternate jurors. Such jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges; provided, that the prosecution shall be entitled to one, and the defendant to two, peremptory challenges to such alternate jurors. Such alternate jurors shall be seated near, with equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors; and for a failure so to do are liable to be punished for contempt. They shall obey the orders of and be bound by the admonition of the court upon each adjournment thereof; but if the regular jurors are ordered to be kept in custody of the sheriff during the trial of the cause, such alternate jurors shall also be kept in confinement with the other jurors; and, except as hereinafter provided, shall be discharged upon the final submission of the case to the jury. |
Cases in which indictment or information must be set aside
Additional jurors may be impaneled in felony cases, to be known as alternate jurors |
κ1933 Statutes of Nevada, Page 88 (CHAPTER 75, AB 24)κ
|
Alternate jurors may be placed in confinement
Proceeding where juror dies or is disqualified
In effect |
adjournment thereof; but if the regular jurors are ordered to be kept in custody of the sheriff during the trial of the cause, such alternate jurors shall also be kept in confinement with the other jurors; and, except as hereinafter provided, shall be discharged upon the final submission of the case to the jury. If, before the final submission of the case, a juror die, or become disqualified or unable to perform his duty, the court may duly order him to be discharged and draw the name of an alternate, who shall take his place in the jury box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. Sec. 3. Section 344 of the above-entitled act, being paragraph 10992 N. C. L. 1929, is hereby amended to read as follows: Section 344. If, before the conclusion of the trial, and there being no alternate juror called or available, a juror die, or become disqualified or unable to perform his duty, the court may duly order him to be discharged and a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled. If the judge becomes sick he may discharge the jury. Sec. 4. This act shall become effective immediately upon its passage and approval. |
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|
Act amended by new section
Property under attachment claimed by third party may be released when bond given |
[Assembly Bill No. 28Mr. Dunseath]
Chap. 76An 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, as amended, by adding new sections thereto relating to third party claims in execution and attachment proceedings.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The 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, be and the same is hereby amended by adding a new section thereto, to be known as section 210 1/2, as follows: Section 210 1/2. If the property levied on is claimed by a third person as his property by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the sheriff, the sheriff must release the property if the plaintiff, or the person in whose favor the writ of attachment runs, fails within five days after written demand to give the sheriff an undertaking executed by at least two good and sufficient sureties in a sum equal to double the value of the property levied on. |
κ1933 Statutes of Nevada, Page 89 (CHAPTER 76, AB 28)κ
|
days after written demand to give the sheriff an undertaking executed by at least two good and sufficient sureties in a sum equal to double the value of the property levied on. If such undertaking be given, the sheriff shall hold the property. The sheriff, however, shall not be liable for damages to any such third person for the taking or keeping of such property if no claim is filed by any such third party. Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability, damages, costs and counsel fees, by reason of such seizing, taking, withholding, or sale of such property by the sheriff. Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under this act. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; provided, however, that if no exception is taken within five days after notice of receipt of the undertaking, the third person shall be deemed to have waived any and all objections to the sufficiency of the sureties. The sheriff may demand and exact the undertaking herein provided for notwithstanding any defect, informality or insufficiency of the verified claim served upon him. Whenever a verified third party claim is served upon the sheriff upon levy of the writ of attachment, the plaintiff, or the person in whose favor the writ of attachment runs, shall be entitled to a hearing within ten days therefrom before the court having jurisdiction of the action, in order to determine title to the property in question, which hearing must be granted by the said court upon the filing of an application or petition therefor. Five days notice of such hearing must be given to all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. The court may continue the hearing beyond the said ten-day period, but good cause must be shown for any such continuance. The provisions of this section shall be applicable to proceedings under attachment in justices courts and to constables in attachment proceedings. Sec. 2. The said 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, is hereby amended by adding a new section thereto, to be known as section 347 1/2, as follows: Section 347 1/2. If any property levied upon by writ of execution be claimed by a third person as his property, the same rules shall prevail as to the contents and making of said claim, as to the holding of said property, and as to a hearing to determine title thereto, as in case of a claim after levy under writ of attachment, as provided for by law. |
Sheriff not liable for damages, when
Hearings when property attached is in dispute
Certain rules to apply |
κ1933 Statutes of Nevada, Page 90 (CHAPTER 76, AB 28)κ
|
In effect |
a hearing to determine title thereto, as in case of a claim after levy under writ of attachment, as provided for by law. Sec. 3. This act shall take effect immediately upon its passage and approval. |
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|
Notice of proposed ordinances in town of Elko to be published
Referendum may be had on proposed ordinances |
[Assembly Bill No. 77Mr. Taber]
Chap. 77An Act to amend section 29 of an act entitled An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 29 of the above-entitled act is hereby amended so as to read as follows: Section 29. Ordinances when first proposed shall be read aloud in full to the board of supervisors, and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble. No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days after its passage. If at any time during said thirty days, a petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. |
κ1933 Statutes of Nevada, Page 91 (CHAPTER 77, AB 77)κ
|
event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon. Emergency measures shall be subject to referendum like other ordinances passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder. Any proposed ordinance, resolution or amendment to this charter, may be submitted to the board by petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance Against the ordinance
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. |
Emergency measures subject to referendum
Referendum called on petition signed by 20 per cent of qualified voters
Form of ballot to be used |
κ1933 Statutes of Nevada, Page 92 (CHAPTER 77, AB 77)κ
|
Ordinances signed by mayor and city clerk must be published
In effect |
provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided. All ordinances shall be signed by the mayor and attested by the city clerk and be published once in full, together with the names of the supervisors voting for or against their passage, in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week before the same shall go into effect. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of supervisors, they shall be so received. All ordinances heretofore adopted or amended, unless previously repealed, are hereby declared valid and in full force and effect. Sec. 2. This act shall become effective from and after its passage and approval. |
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Mileage allowances for officers Humboldt County
Repeal
In effect |
[Assembly Bill No. 193Mr. Persson]
Chap. 78An Act fixing the mileage allowances of all county officers of Humboldt County, Nevada, and repealing all acts and parts of acts in conflict herewith.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each county officer of the county of Humboldt who is now authorized by law to be paid mileage for traveling shall be allowed to continue to receive mileage; provided, that hereafter the said mileage shall be paid at the rate of 7 1/2 cents per mile only for each mile necessarily traveled while absent from the county seat on official business, except that the county commissioners shall receive such mileage of 7 1/2 cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of the board of county commissioners. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective on and after April 1, 1933. |
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κ1933 Statutes of Nevada, Page 93κ
|
[Senate Bill No. 76Senator Henderson]
Chap. 79An Act to amend an act entitled An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, as amended, and adding a section thereto.
[Approved March 16, 1933]
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 paragraph 3014 N. C. L. 1929, is hereby amended to read as follows: Section 5. In case of great necessity or emergency, the board of county commissioners in any county, by unanimous vote, by resolution reciting the character and nature of necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until 15 days after the first publication of said notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the state board of revenue, and the resolution of said state board of revenue shall be recorded in the minutes of the board of county commissioners; provided further, that when in the judgment of the county commissioners the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general, or any, fund of the county, the board of county commissioners are authorized, after the emergency loan is authorized as provided above, to transfer from the general, or any, fund of the county money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 7 of this act, and when the emergency tax is thereafter collected the same amount so collected shall be immediately placed in the general, or other, fund of said county. Sec. 2. Said act is hereby amended by adding thereto a section to be known as section 10, which said section shall read as follows: Section 10. At the end of each fiscal year the county commissioners of the various counties are hereby authorized and directed to repay all said emergency loans and to transfer all surplus money in any other fund, except bond interest and redemption funds and any other fixed funds, to the general fund of the county for reapportionment. |
Emergency loans may be authorized by county commissioners
State board of revenue to approve
Money in general fund may be used
County commissioners to repay emergency loans |
κ1933 Statutes of Nevada, Page 94 (CHAPTER 79, SB 76)κ
|
In effect |
transfer all surplus money in any other fund, except bond interest and redemption funds and any other fixed funds, to the general fund of the county for reapportionment. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
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County commissioners to grant licenses to tent shows and circuses
In effect |
[Senate Bill No. 109Senator Fairchild]
Chap. 80An Act to amend an act entitled An Act authorizing and empowering county commissioners to fix the licenses for certain amusements, approved March 26, 1929.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being paragraph 2041 N. C. L. 1929, is hereby amended to read as follows: Section 1. County commissioners of the several counties of this state shall provide by ordinance for the licensing of tent shows and circuses in their respective counties; provided, that in no case shall any such licenses be for a less sum than twenty-five dollars per day, nor more than three hundred dollars per day, which shall be in addition to any license provided by ordinance in any incorporated municipality, city or town of such county; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof. Sec. 2. This act shall become effective from and after its passage and approval. |
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[Assembly Bill No. 87Mr. Cahlan]
Chap. 81An Act to amend section 10 of an act entitled An act regulating the registration of electors for general, special, and primary elections, approved March 27, 1917.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the above-entitled act, being paragraph 2369, N. C. L. 1929, is hereby amended to read as follows: |
κ1933 Statutes of Nevada, Page 95 (CHAPTER 81, AB 87)κ
|
Section 10. All justices of the peace, except those located in the respective county seats of the various counties of this state, are hereby designated as deputy registrars for the purpose of carrying out the provisions of this act. The county clerk of each county shall be the registrar for all precincts within the county seat, and may appoint deputy registrars, who shall have the power to administer oaths in each precinct of such county distant more than five miles from the county courthouse and wherein no justice of the peace resides; provided, that the county clerk shall not appoint deputy registrars for the purpose of registering voters at the county seat, nor shall he appoint deputy county clerks for such purpose, except upon the order of the board of county commissioners. The county clerk shall also, when requested by electors, appoint deputy registrars in precincts wherein the justice of peace resides more than five miles from a post office, such deputy registrar to reside at or near the place where said post office is situated. It shall be the duty of the deputy registrar to register all electors within his precinct applying for registration, and for this purpose he or she shall have the authority to demand of the elector all information, and to administer all oaths required by this act. The deputy registrar shall be a resident elector within the precinct for which he is appointed and shall receive as compensation for all services the sum of not more than ten cents for each elector registered, to be paid by the county after being approved by the county clerk. Whenever said registry agent shall have in his possession five or more of such registry cards so filled out, he shall forward the same to the county clerk, and immediately after the close of registration shall forward to said county clerk all registration cards so filled out and then remaining in his possession; said registry agent may forward less than five of said cards at any time if desired. Any deputy registrar violating any of the provisions of section 10 of this act shall be guilty of a misdemeanor, and be subject to a fine of not less than ($25) twenty-five dollars nor more than one hundred ($100) dollars for each offense. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Justices of the peace, except those located at county seats, designated as deputy registrars
County clerk may appoint registrars
Duties and obligation of deputy registrars
Penalty for violation
In effect |
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κ1933 Statutes of Nevada, Page 96κ
|
Compensation of officers of White Pine County Salary of district attorney
Salary of county clerk
Salary of county treasurer |
[Assembly Bill No. 133White Pine County Delegation]
Chap. 82An Act fixing the compensation of county officers in White Pine County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the 1st of April, 1933, the county officers of White Pine County, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices: Sec. 2. The district attorney shall receive a salary of twenty-five hundred dollars per annum payable in equal monthly installments for all his services as such officer. He may have such deputy or deputies, to be named by him, as the board of county commissioners of said White Pine County, by unanimous consent, may deem necessary, and at such time and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties. Sec. 3. The county clerk shall receive a salary of twenty-five hundred dollars per annum in equal monthly installments for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by unanimous consent, may deem necessary, at a compensation of not to exceed one hundred and fifty dollars per month. Neither the county clerk nor his deputy shall receive, either directly or indirectly, for any services, any other of the public moneys of the state or county. The county clerk shall collect in advance, and monthly turn into the county treasury, such fees and compensations as are now provided by law for services in his office. Sec. 4. The county treasurer and ex officio tax collector shall receive a salary of twenty-five hundred dollars per annum, payable in equal monthly installments, for all his services in said office, and may be allowed one deputy, to be named by him if the board of county commissioners of said White Pine County by unanimous consent may deem such deputy necessary, at a compensation of not to exceed one hundred and fifty dollars per month. |
κ1933 Statutes of Nevada, Page 97 (CHAPTER 82, AB 133)κ
|
said White Pine County by unanimous consent may deem such deputy necessary, at a compensation of not to exceed one hundred and fifty dollars per month. Neither the county treasurer nor his deputy shall receive, either directly or indirectly, for any services, any other of the public moneys of the state or county. Sec. 5. The county recorder and auditor of said county shall receive a salary of twenty-five hundred dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by unanimous consent, may deem necessary, at a compensation of not to exceed one hundred and fifty dollars per month. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners. Sec. 6. The county assessor of said county shall receive a salary of twenty-five hundred dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by unanimous consent, may deem necessary, at a compensation of not to exceed one hundred and fifty dollars per month. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners. Sec. 7. The sheriff of said county shall receive a salary of twenty-five hundred dollars per annum, payable in equal monthly installments in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one undersheriff, to be selected by him, at a compensation not to exceed one hundred and fifty dollars per month, and such other deputies, to be homed by him, as the board of county commissioners, by unanimous consent, may deem necessary, and for such time and compensation as they may fix. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. |
Salary of county recorder and auditor
Salary of county assessor
Salary of sheriff |
κ1933 Statutes of Nevada, Page 98 (CHAPTER 82, AB 133)κ
|
Sheriff allowed actual traveling expenses
Repeal
In effect |
living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada entitled An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Sec. 8. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 9. This act shall become effective and be in full force from and after April 1, 1933. |
________
|
Method for recalling director of irrigation district |
[Senate Bill No. 27Senator Dolf]
Chap. 83An Act to amend an act entitled An act to provide for the recall of directors of any irrigation district in the State of Nevada, approved March 29, 1927.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act of the legislature of the State of Nevada entitled An act to provide for the recall of directors of any irrigation district in the State of Nevada, approved March 29, 1927, being section 8207 N. C. L. 1929, is hereby amended to read as follows: Section 2. For the purpose of recalling any director of an irrigation district there shall be first filed with the secretary of the irrigation district from which such director was elected, a petition signed by qualified electors of such irrigation district equal in number to at least thirty-five per cent of the vote cast at the last preceding election held in and for such district; said petition shall also contain the residence of the signers, and set forth, in not to exceed two hundred words, the reason why said recall is demanded. |
κ1933 Statutes of Nevada, Page 99 (CHAPTER 83, SB 27)κ
|
Sec. 2. Section 9 of the above-entitled act, being section 8214 N. C. L. 1929, is hereby amended to read as follows: Section 9. Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by qualified electors of the district holding such election, equal in number to thirty-five percent of the number of votes cast for the director receiving the highest number of votes at the election next preceding. Sec. 3. This act shall become effective from and after its passage and approval. |
Nomination of candidates
In effect |
________
|
[Assembly Bill No. 146Mr. Black]
Chap. 84An Act providing for quarantine against the importation into or transportation through the State of Nevada of certain agricultural and horticultural crops, products, seeds, plants, trees or shrubs, or any article infected with, or which may have been exposed to infectious, contagious or destructive diseases, or infested with parasites, or insect pests, or the eggs or larvae thereof, dangerous to any industry in the state, or any foodstuffs or commodities intended for human consumption where the same do not comply with certain standards, providing for the enforcement of this act and a penalty for the violation of the provisions thereof, and other matters relating thereto.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor is hereby authorized and empowered, on the recommendation of the state quarantine officer or otherwise, to proclaim and enforce quarantine against any state, territory or district, or any portion of any state, territory or district, as follows: (a) With respect to the importation into or transportation through the State of Nevada of any agricultural commodity, as defined in this act, which may be infected with, or which may have been exposed to infection with any contagious or destructive disease, or be infested with, or exposed to infestation with parasites, or insect pests or the eggs or larvae thereof, dangerous to any industry of this state; (b) With respect to the importation into the State of Nevada of any foodstuff or commodity for human consumption unless the same be accompanied by a United States certificate of standard, if any such standard upon such foodstuff or commodity has been adopted by the United States department of agriculture, or unless the same comply with the provisions of an act entitled An act preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded, or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating the manufacture and traffic therein, and providing penalties for the violation thereof, and repealing all acts in conflict therewith, being section 6180 to section 6205, both inclusive, Nevada Compiled Laws 1929, or unless the same shall comply with all requirements as to standards which are now or may hereafter be adopted by the State of Nevada by and through its duly authorized officers; provided, that no quarantine shall be issued under the provisions of this act which will conflict with the provisions of the constitution of the United States or any act of the United States Congress. |
Governor to proclaim quarantine
To apply to infected agricultural commodities |
κ1933 Statutes of Nevada, Page 100 (CHAPTER 84, AB 146)κ
|
Shall not conflict with federal laws Definition of terms used
Quarantine may consist of complete embargo |
or commodity has been adopted by the United States department of agriculture, or unless the same comply with the provisions of an act entitled An act preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded, or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating the manufacture and traffic therein, and providing penalties for the violation thereof, and repealing all acts in conflict therewith, being section 6180 to section 6205, both inclusive, Nevada Compiled Laws 1929, or unless the same shall comply with all requirements as to standards which are now or may hereafter be adopted by the State of Nevada by and through its duly authorized officers; provided, that no quarantine shall be issued under the provisions of this act which will conflict with the provisions of the constitution of the United States or any act of the United States Congress. Sec. 2. The word importation, as hereinafter used, shall be construed to mean and include the transportation of any such commodity by any railroad, express company, stage line or other common carrier, or by any person or persons, by vehicle, automobile, or otherwise into this state. The term agricultural commodity, as used in this act, shall include any and all agricultural or horticultural crops, seeds, plants, trees or shrubs, or any manufactured product thereof, or other products of the soil. excepting live stock. In any criminal proceedings arising under this act, proof that any commodity, prohibited by proclamation of quarantine from importation into or transportation through the state, was imported into, or transported through this state in violation of such quarantine, shall be deemed proof within the meaning of this act, that the same was diseased, exposed to disease or infested, or exposed to infestation as aforesaid, or that the same did not, at the time of its importation into the State of Nevada, comply with the requirements of standard provided for in section 1 of this act. Sec. 3. Any quarantine issued under the provisions of this act may consist of a complete embargo against the importation into or transportation through the state of any commodity so quarantined against, or may provide for the importation into or transportation through the state of such commodity under such rules and regulations as may be set forth and prescribed in the said quarantine at the time same is issued. Any quarantine issued under the provisions of this act shall remain fully in force and effect until raised and revoked by the governor; provided, that the governor may amend from time to time, upon the recommendations of the state quarantine officer or otherwise, any quarantine so issued; provided further, that any such amendments shall be general in their application and shall not apply to any individual shipment or importation as defined in this act. |
κ1933 Statutes of Nevada, Page 101 (CHAPTER 84, AB 146)κ
|
not apply to any individual shipment or importation as defined in this act. Sec. 4. When a quarantine is declared as provided in this act against the importation into or transportation through this state of any commodity from any other state or territory or district or any portion or portions thereof, a certified copy of such quarantine shall be personally delivered by the state quarantine officer, or his representative, or mailed by registered mail to each of the following: The governor of such state, territory or district; the United States quarantine official having jurisdiction over the same character of quarantine; and the state agent or other qualified official of any interstate railroad, express company or other common carrier duly authorized to do business as such within this state. Sec. 5. In so far as practicable, the governor and state quarantine officer, in carrying out the provisions of this act, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts. The state quarantine officer is hereby authorized and empowered to exercise all needful authority required for the proper and efficient enforcement of quarantine; to make arrests of persons violating the same, or suspected of such violation, and to examine any premises or any shipment or consignment suspected of containing any interdicted commodity within the meaning of this act, and may open any container thereof and inspect the same. If such shipment or consignment prove to be an interdicted commodity as aforesaid, he shall have power to require any railroad, express company, or other common carrier immediately to reship such consignment back to point of origin, if the same has not yet been delivered to the consignee, and the failure or refusal of any railroad company, express company, or other carrier promptly so to do shall render such company so offending liable to fine in any sum not less than five hundred dollars nor more than five thousand dollars, and which may be collected by proceedings instituted by the state, and prosecuted by the attorney-general in any court of competent jurisdiction, and any property of the defendant within the state may be levied on and sold in satisfaction of the judgment. Sec. 6. It shall be unlawful for any railroad, express company or other common carrier, or any person or persons to knowingly import into or transport through the State of Nevada any commodity in violation of the provisions of this act, or to make delivery of any such commodity to any person or persons within the limits of this state. Any commodity imported into or being transported through this state in violation of any quarantine issued under the provisions of this act shall be immediately seized by the state quarantine officer, or his authorized representative, and destroyed, or sent out of the state, within forty-eight hours, at the option and expense of the owner or owners thereof; provided, that when the movement of any commodity seized by the state quarantine officer, as above, to some point without the state would further endanger any industry of this state, the commodity so seized by the state quarantine officer shall be destroyed as above; provided further, that when any common carrier, by reason of the provisions of this act, shall be required to transport any commodity out of the State of Nevada after having transported the same to a consignee in this state, such shipment out of the state shall be deemed to be at the request of such consignee and of the lawful owner of such commodity; and provided further, that nothing herein contained shall impair the right of any common carrier to collect its lawfully established charges. |
Certified copy of quarantine to be sent to officials of state involved
State and federal officers to cooperate
Quarantine to apply to all common carriers |
κ1933 Statutes of Nevada, Page 102 (CHAPTER 84, AB 146)κ
|
Disposition of seized commodity
Penalty for violation
State quarantine officer to direct and may appoint deputies
Deputies shall also serve as authorized traffic officers |
quarantine officer, or his authorized representative, and destroyed, or sent out of the state, within forty-eight hours, at the option and expense of the owner or owners thereof; provided, that when the movement of any commodity seized by the state quarantine officer, as above, to some point without the state would further endanger any industry of this state, the commodity so seized by the state quarantine officer shall be destroyed as above; provided further, that when any common carrier, by reason of the provisions of this act, shall be required to transport any commodity out of the State of Nevada after having transported the same to a consignee in this state, such shipment out of the state shall be deemed to be at the request of such consignee and of the lawful owner of such commodity; and provided further, that nothing herein contained shall impair the right of any common carrier to collect its lawfully established charges. Sec. 7. Any corporation, common carrier, agent or employee of any corporation, or any person or persons knowingly violating, or knowingly assisting in violating, any of the provisions of this act shall be deemed guilty of a gross misdemeanor, and upon conviction thereof shall be punished as provided under the provisions of section 9968 Nevada Compiled Laws 1929. Sec. 8. The state quarantine officer is hereby designated the authority to administer this act. Whenever the importation or transportation of any of the commodities mentioned in section 1 of this act is restricted by any quarantine proclamation or regulation of the State of Nevada, or of any other state or territory, or of the United States government or any other authority empowered to issue such quarantine or regulation, the state quarantine officer may appoint such properly qualified deputies as may be needed to inspect such commodities, and may issue Certificates of Entry permitting the same to be imported or transported into the State of Nevada, such appointments to be subject to cancellation by the state quarantine officer at any time; provided, such importation or transportation is not prohibited by law or quarantine regulation. Such deputies as may be appointed shall be duly authorized agents and auditors of vehicle department and other such traffic officers as are now or may hereafter be provided by the laws of Nevada, and such deputies shall not receive additional compensation under the terms of this act, but may be allowed reasonable expenses incurred in the enforcement of the provisions hereof, to be subject to the approval of the state board of examiners; provided, the respective sheriffs and all other peace officers of the state are charged with the duty, without further compensation, of assisting in the enforcement of this act, and it shall be their duty to make arrests for this purpose when requested by the quarantine officer or vehicle commissioner, or their duly authorized agents. |
κ1933 Statutes of Nevada, Page 103 (CHAPTER 84, AB 146)κ
|
act, and it shall be their duty to make arrests for this purpose when requested by the quarantine officer or vehicle commissioner, or their duly authorized agents. Such certificates of entry shall be upon gummed paper so that the same may be pasted upon the vehicle in which such commodities are imported into or transported through this state and shall state the date of such importation into the State of Nevada, and whether the same are being transported through the state as a part of interstate commerce or are to be delivered to a designated point within the state. In any criminal proceeding arising under this act the absence of such certificate of entry attached to the vehicle conveying such commodities shall be deemed prima facie proof within the meaning of this act that the same were imported into or were being transported through the state in violation of the provisions of this act. Such certificates of entry shall not be issued by the state quarantine officer or his deputies prior to the time that the person or persons, carrier or other transporter of such commodities in whose possession said commodities are, or by whom said commodities are attempted to be imported into or transported through this state, shall have complied with all taxation, franchise license and highway laws existing in the State of Nevada, and the state quarantine officer and his deputies are hereby expressly authorized to enforce all such laws and to collect all taxes or license fees imposed by or provided for therein. All taxes, license or other fees of any nature whatsoever so collected shall be remitted by said state quarantine officer and his deputies to the officers now authorized and empowered by the laws of the State of Nevada, to collect and receive the same. Sec. 9. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be void or unconstitutional, such decision shall not affect the validity of the remainder of this act. The legislature hereby declares that it would have passed this act and each of said sections, subsections, sentences, clauses or phrases thereof, irrespective of the fact that any one or more of such sections, subsections, sentences, clauses or phrases might be declared void or unconstitutional. Sec. 10. This act shall take effect and be in force from and after its passage and approval. Sec. 11. All acts or parts of acts in conflict with this act are hereby repealed. |
Certificates to be attached
Certificates of entry
Invalidity of one section not to affect others
In effect
Repeal |
________
κ1933 Statutes of Nevada, Page 104κ
|
Appropriation from university construction fund
Board of examiners to approve claims
Excess money to revert to general fund
In effect |
[Senate Bill No. 106Committee on Ways and Means]
Chap. 85An Act to make an appropriation for the further support and maintenance of the University of Nevada for the period beginning April 1, 1933, and ending June 30, 1935, requiring the approval of the state board of examiners of all claims against said appropriation, and authorizing and directing the state controller to draw his warrants and the state treasurer to pay the same.
[Approved March 16, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the further support and maintenance of the University of Nevada for the period beginning April 1, 1933, and ending June 30, 1935, there is hereby appropriated from the permanent construction fund of the University of Nevada the sum of eighty-eight thousand two hundred and no/100 ($88,200) dollars. Sec. 2. All claims against this appropriation for the further support and maintenance of the University of Nevada shall be approved by the state board of examiners, and when so approved the state controller is hereby authorized and directed to draw his warrants in payment of same, and the state treasurer is hereby authorized and directed to pay the same. Sec. 3. All moneys remaining in the permanent construction fund of the University of Nevada in excess of eighty-eight thousand two hundred dollars ($88,200) hereby appropriated for the support and maintenance of the University of Nevada shall revert to the general fund of the state. Sec. 4. This act shall be in effect from and after April 1, 1933. |
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Board of regents of university to deed certain real estate to William Kestells |
[Assembly Bill No. 234Mr. Goodin]
Chap. 86An Act authorizing and directing the board of regents of the University of Nevada to execute a deed for certain property to William Kestells of Washoe County, Nevada.
[Approved March 16, 1933]
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 board of regents of the University of Nevada are hereby authorized and directed to make, execute and deliver to William Kestells of Washoe County, Nevada, a good and sufficient deed to the following described real estate situated in Washoe County, Nevada: |
κ1933 Statutes of Nevada, Page 105 (CHAPTER 86, AB 234)κ
|
A portion of the NE 1/4 of the SE 1/4 of section 25, T. 19 N., R. 19 E., M. D. B. & M., more fully described by metes and bounds as follows, to wit: Beginning at a point 40 feet easterly and at right angles to the center line of the state highway at a point known as engineers station A 302-77.49 P. O. T., said point lying and being on the northerly fence boundary of the Peckham lane and further described as bearing N. 18° 29ʹ 40ʺ W. 2,345.92 feet from the southeast corner of section 25, T. 19 N., R. 19 E., M. D. B. & M., thence N. 20° 29ʹ 30ʺ W. paralleling the center line of the state highway a distance of 440.00 feet to a point on the property line between the properties of the University of Nevada and William Kestells, thence east along said property line a distance of 117.49 feet to a point on the westerly right of way line of the Virginia and Truckee railway, thence S. 20° 44ʹ 40ʺ E. along said railway right of way line a distance of 471.93 feet to a point on the northerly fence line of the Peckham lane, thence N. 77° 24ʹ 30ʺ W. along said fence a distance of 133.84 feet to the point of beginning; said parcel of land containing 1.16 acres more or less. Sec. 2. This act shall become effective from and after its passage and approval. |
Property described
In effect |
________
|
[Assembly Bill No. 235Mr. Goodin]
Chap. 87An Act authorizing and directing the board of regents of the University of Nevada to deed certain lands to the State of Nevada.
[Approved March 16, 1933]
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 it shall be the duty of the board of regents of the University of Nevada to make, execute and deliver a good and sufficient deed to the board of capitol commissioners of the State of Nevada of the following described real estate situated in Washoe County, State of Nevada: A certain parcel or strip of land which lies in the E 1/2 of the SE 1/4 of section 25, T. 19 N., R. 19 E., and in the SW 1/4 of section 30, T. 19 N., R. 20 E., M. D. B. & M., and is a portion of the lands known as the University of Nevada farm, and is described by metes and bounds as follows, to wit: Beginning at the southeast corner of said section 25, thence N. 20° 18ʹ 02ʺ W. a distance of 1,424.01 feet to a point on the south fence of the driveway to the university farm, thence west a distance of 3.20 feet along said fence to a point 40 feet left or westerly, measured at right angles from the center line of the state highway, thence N. 20° 29ʹ 30ʺ W. a distance of 1,387.56 feet to a point on the boundary fence between the property of the University of Nevada and that of G. L. George, said point being 40 feet left or westerly, |
Board of regents of university to deed certain real estate to the State of Nevada |
κ1933 Statutes of Nevada, Page 106 (CHAPTER 87, AB 235)κ
|
Property described
In effect |
or westerly, measured at right angles from the center line of the state highway, thence N. 20° 29ʹ 30ʺ W. a distance of 1,387.56 feet to a point on the boundary fence between the property of the University of Nevada and that of G. L. George, said point being 40 feet left or westerly, measured at right angles from the center line of the state highway, thence east a distance of 85.40 feet to a point 40 feet right or easterly, measured at right angles from the center line of the state highway, thence S. 20° 29ʹ 30ʺ E. a distance of 464.55 feet to a point on the south fence line along the Peckham driveway, thence S. 77° 24ʹ 30ʺ E. along said fence line a distance of 5.97 feet to a point 35 feet right or easterly, measured at right angles from the center line of the state highway, thence S. 20° 29ʹ 30ʺ E., a distance of 593.94 feet to a point on the property line between the property of the University of Nevada and that owned by the Virginia and Truckee railway, thence S. 69° 30ʹ 30ʺ W. along said property line a distance of 35 feet to a point on the center line of the state highway, thence S. 20° 29ʹ 30ʺ E. along said center line a distance of 1,741.60 feet to a point on the south boundary of section 30, T. 19 N., R. 20 E., M. D. B. & M., thence west along said south boundary a distance of 43.44 feet to the point of beginning. Said right of way for public highway containing 3.48 acres, more or less. Sec. 2. This act shall become effective from and after its passage and approval. |
________
|
Insurance companies to pay tax on gross premiums |
[Assembly Bill No. 57Mr. Hussman]
Chap. 88An Act relating to insurance companies, providing a tax on premiums thereof, and other matters relating thereto.
[Approved March 17, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every insurance company or association doing business in this state shall annually pay to the state controller, as insurance commissioner of the State of Nevada, a tax of one and one-half per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to do business in this state; provided, that there shall be deducted from said one and one-half per cent upon the gross premiums the amount of any county and municipal taxes paid by such companies on real estate owned by them in this state. This tax shall be in lieu of all other taxes and licenses, state, county and municipal, upon the property of such companies, except county and municipal taxes on real estate, and except as otherwise in this section provided; provided, that when by the laws of any other state or country any taxes, fines, penalties, licenses, fees, deposits of money or of securities or other obligations or prohibitions are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind may be imposed by the legislature upon insurance companies of such other state or country doing business in this state. |
κ1933 Statutes of Nevada, Page 107 (CHAPTER 88, AB 57)κ
|
estate, and except as otherwise in this section provided; provided, that when by the laws of any other state or country any taxes, fines, penalties, licenses, fees, deposits of money or of securities or other obligations or prohibitions are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind may be imposed by the legislature upon insurance companies of such other state or country doing business in this state. Sec. 2. The state controller of the State of Nevada, as insurance commissioner of the State of Nevada, is hereby charged with the duty of enforcing the provisions of this act, and he is hereby authorized and empowered to do and perform all necessary and proper acts and things in connection therewith. Sec. 3. This act shall become effective from and after its passage and approval. |
Taxes, penalties, etc., may be changed, how and when
State controller to enforce provisions
In effect |
________
|
[Assembly Bill No. 307Committee on Ways and Means]
Chap. 89An Act to authorize counties of the State of Nevada to issue negotiable interest bearing warrants for payment of salaries and other necessary expenses of the county and schools, and other matters relating thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, for any reason, the amount of money actually received from the collection of taxes in any county of the State of Nevada, and which is actually available to pay the salaries and other lawful expenses of that county, including the schools therein, for that year, as theretofore duly budgeted, is less than the amount so budgeted therefor and is, for that reason, insufficient to pay such salaries and expenses of maintaining such county and its government, including schools therein, for that year, the county auditor of such county, by and with the approval of the state board of finance, is hereby authorized and directed to draw warrants and issue the same in payment of claims duly audited, as provided by law, by the board of county commissioners of such county and the school boards therein, within the amount and to the extent covered by and provided for in the budget of expenses theretofore duly made and adopted for such county, including such schools therein, for the year in which such claims are presented for payment, although no money be in the fund for payment of such warrants at the time. |
Counties to issue negotiable interest bearing warrants |
κ1933 Statutes of Nevada, Page 108 (CHAPTER 89, AB 307)κ
|
Warrant to bear interest, when
County treasurer to publish notice of time of redemption
In force for fiscal years 1934 and 1935
County boards may reject
Repeal
In effect |
and adopted for such county, including such schools therein, for the year in which such claims are presented for payment, although no money be in the fund for payment of such warrants at the time. Sec. 2. If there be no funds to pay such warrants when presented to the county treasurer of such county, the county treasurer of such county shall indorse thereon Not paid for want of funds, with the date of presentation, and shall in attestation thereof fix his signature thereto; and he shall register said warrant in the records of his office, and shall thereupon deliver said warrant to the claimant or his order. From that time warrant shall bear interest at the rate of four per cent per annum as herein provided. Sec. 3. When the county treasurer shall ascertain that there are sufficient moneys in the county treasury to the credit of a particular fund which can be applied to the payment of any or all such indorsed warrants, he shall set apart the same, or so much thereof as may be necessary, for the payment of such indorsed warrants and accrued interest; and he shall, in addition, forthwith give notice in a newspaper published in the county, stating therein that he is ready to pay said warrants. Such notice shall be dated the day of its publication, and from the publication of such notice such warrants shall cease to bear interest. Such indorsed warrants shall be called in the order of their registration in the office of the county treasurer, and when presented the county treasurer shall pay the warrant for the amount of the warrant and interest thereon. Sec. 4. The intent and purpose of this act is to provide emergency relief to the various counties, including the schools therein, of the State of Nevada, and this act shall remain in force only to the end of the fiscal year 1934-1935; provided, that any county warrants registered in the office of the county treasurer on or before December 31, 1935, shall still be subject to the provisions of this act for payment; and provided further, that the full faith, credit, and resources of such county are pledged to the payment of said warrants in such county. Sec. 5. Any county, county board of education or school district may reject the provisions of this act by the passage of a resolution by the board of county commissioners of such county, the county board of education of such county or the board of school trustees of any district, and filing the same with the county auditor of the county affected. Sec. 6. All acts and parts of acts in so far as they conflict with the provisions of this act are hereby repealed. Sec. 7. This act shall become effective from and after its passage and approval. |
________
κ1933 Statutes of Nevada, Page 109κ
|
[Assembly Bill No. 300Mr. Carroll]
Chap. 90An Act to repeal an act entitled An act to provide for the compensation and payment of grand and trial jurors, and fixing the fees and compensation of witnesses in criminal cases, justices of the peace, coroners and constables in and for the county of Clark, approved March 20, 1909.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act, being chapter CXVII, page 128, Statutes of 1908-1909, is hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
Act repealed |
________
|
[Assembly Bill No. 264Mr. Hussman]
Chap. 91An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 64 of the above-entitled act, being section 5712 N. C. L. 1929, is hereby amended to read as follows: Section 64. The superintendent of public instruction shall have power to fill all vacancies caused by the failure of the people to elect trustees at the regular biennial school election on the first Saturday of April of the even-numbered years. In case the voters fail to elect, or in case no election is held as provided in section 63 of this act, the superintendent may fill all vacancies in said board of trustees. The term of office of any trustee appointed by the superintendent shall not extend beyond the first Monday in May following the next regular school election; provided, that in any district in which no election shall have been held, as provided by this act, and in which district there shall not be any suitable person or persons to act as trustees therein, the superintendent shall appoint members of the board of county commissioners of the county in which such district may be situated, as and for the board of trustees in such district, and when so appointed the said county commissioners shall have all the powers and duties of school trustees in relation thereto now conferred by law upon school trustees. |
Superintendent of public instruction to appoint school trustees in certain cases |
κ1933 Statutes of Nevada, Page 110 (CHAPTER 91, AB 264)κ
|
Superintendent may remove his appointee
Election may be held to fill vacancy
Repeal
In effect |
The superintendent may remove from office any school trustee whom he has appointed, by serving written notice on such school trustee at least two weeks before the date of removal, stating the reason or reasons for such removal. He shall also send a copy of such written notice to each of the other trustees of the school district. On the fourth Saturday after the occurrence of any vacancy caused by the removal of any trustee by the superintendent, as provided in this section, an election may be held to elect a trustee for the remainder of the unexpired term. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective upon its passage and approval. |
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Mineral County to issue bonds to retire existing bonds
Denomination of bonds |
[Assembly Bill No. 270Mr. Hamlin]
Chap. 92An Act authorizing Mineral County to issue bonds for the purpose of refunding and retiring Mineral County Light and Power Bonds, and directing the county commissioners so to do, providing for the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 20, 1933]
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 issue negotiable coupon bonds of Mineral County for the purpose of providing funds for the retirement and/or refunding of those certain bonds or obligations of Mineral County designated Mineral County Light and Power Bonds, issue of 1921, in the amount of fifty thousand dollars ($50,000), exclusive of interest. Said bonds shall be known as Mineral County Light and Power Refunding Bonds. Sec. 2. Said bonds shall be numbered consecutively and shall be prepared in such denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and in such proportions as may be designated by the board. They shall have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. Each coupon shall be numbered consecutively, and shall also bear the number of the bond to which it is attached and shall be retired serially according to number. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the county clerk, and attested with the seal of the county. |
κ1933 Statutes of Nevada, Page 111 (CHAPTER 92, AB 270)κ
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county clerk, and attested with the seal of the county. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest, payable from the date of issuance and sale thereof, to the date of maturity only, at such rate of interest not exceeding five and one-half per cent (5 1/2%) per annum, as may be fixed and determined by the board, payable semiannually on the first day of July and January in each year, and said bonds and the interest thereon shall be payable in lawful money of the United States. Sec. 3. At least five thousand dollars ($5,000) of such bonds, together with the interest due thereon, shall be redeemed, paid and retired on the first Monday of January, 1934, and not less than five thousand dollars ($5,000) with accrued interest shall be redeemed, paid and retired annually thereafter until the whole thereof are paid and retired; provided, that the board of commissioners may at any time within ten (10) years from the date of this act call in and redeem the whole or any part of such outstanding bonds by payment of the face value thereon and accrued interest to the date of redemption. Notice of such intention shall be given by the county treasurer, by mailing a copy thereof to bondholders of record, and shall also be published for at least thirty (30) days in any newspaper published within the county of Mineral or the State of Nevada, and all said outstanding bonds and interest due thereon shall thereupon become due and payable at the office of the county treasurer. Should the holder of said bonds, or any of them, for any cause whatsoever, fail to present said bonds to the county treasurer for payment when they become due, or be called in for redemption, all interest on such bonds shall thereafter immediately cease and determine. Sec. 4. For the purpose of creating a fund for the payment of the said bonds, and the interest thereon when and as due, whenever the net revenues from the sale of service or power received by said county shall be insufficient for that purpose, the board of county commissioners of Mineral County shall, annually, at the time of making the regular tax levy for state and county purposes, levy a special ad valorem tax upon all property, both real and personal, subject to taxation within said county, including the proceeds of mines, for such amount as shall be necessary or sufficient to pay interest semiannually as it shall accrue on each and every outstanding bond issued under this act, and also to pay and discharge the principal of the said bonds as such bonds respectively become due; said tax shall be levied annually until the said bonds with interest shall have been fully paid. Such tax shall be levied and collected in the same manner 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 Light and Power Refunding Bond Redemption Fund. |
To be retired, when
Notice of retirement to be published
Provisions for creating fund for retirement of bonds |
κ1933 Statutes of Nevada, Page 112 (CHAPTER 92, AB 270)κ
|
County treasurer to keep record
New bonds may be exchanged for existing bonds
Faith of State of Nevada pledged
In effect |
special fund to be known as Light and Power Refunding Bond Redemption Fund. The money in said fund shall not be used for any other purpose than the payment of principal and interest of the bonds herein authorized so long as any interest is unpaid and any bond outstanding. Any moneys in said fund after the payment of all interest and the payment and retirement of all bonds outstanding, if any, may be transferred to the general fund of the county. Sec. 5. It shall be the duty of the county treasurer to make and keep a record of said bonds in a book to be provided for that purpose, which shall show the date of issuance and sale, denomination, rate of interest, to whom sold (with address), date when redeemed, and to whom paid, which record shall also provide a place for pasting in the canceled bonds and coupons when redeemed, and the same shall be a record of said office and at all times open for public inspection. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same, and all interest coupons, by writing across the face thereof, Paid, together with the date of payment, sign his name thereto, and paste such canceled bonds and coupons in the bond register for the purpose provided. Sec. 6. The board of county commissioners of Mineral County is hereby authorized to negotiate the sale of said bonds to the highest or best bidder, or by private sale, as the board may deem best, at not less than par value, and may reject any and all bids; provided, that the said board may issue and deliver the said bonds or any part thereof in exchange for the outstanding Mineral County Light and Power Bonds, on an equal par value basis. The proceeds from the sale of these bonds shall be used only for the purpose of paying and retiring the said Mineral County Light and Power Bonds by redemption or exchange as herein provided. Sec. 7. 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 the interest thereon, as herein provided, issued under and by virtue thereof, shall have been paid in full as in this act provided. Sec. 8. This act shall take effect upon its passage and approval. |
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κ1933 Statutes of Nevada, Page 113κ
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[Assembly Bill No. 125Mr. Brown]
Chap. 93An Act to amend the title of and to amend an act entitled 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, by adding a new section thereto to be known as section 29a, and by amending section 2 of said act.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of that certain act of the legislature of the State of Nevada entitled 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, is hereby amended to read as follows: 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, authorizing the appointment of receivers in certain cases, providing for distribution of assets by sale where the same are without the State of Nevada, and the incorporation of the assets and the distribution of the stock of such corporation to the creditors, and other matters relating thereto, to prescribe penalties for a 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 in conflict herewith. Sec. 2. Said act is further amended by adding thereto an additional section to be known as section 29a, which said section shall read as follows: Section 29a. In all cases where a court has appointed a receiver for corporations under the provisions of this act, and where such receivership proceedings are now pending or may hereafter be commenced, |
Title to act governing building and loan associations amended |
κ1933 Statutes of Nevada, Page 114 (CHAPTER 93, AB 125)κ
|
Duties of receiver in pending or future cases of receivership
New corporation may be formed
Where assets exist outside of Nevada
Court to appoint officers of incorporation |
and where such receivership proceedings are now pending or may hereafter be commenced, and it appears to the courts satisfaction that the assets of such corporation consist principally of notes secured by mortgages on real property, or the ownership of real property, and that the fair value of such assets cannot be obtained through the sale thereof, in said receivership proceedings, and that from the assets of such corporation it will be unable to pay to the creditors more than 70 cents on the dollar of the appraised or book value thereof, the court, upon application of the receiver, shall direct that in lieu of a sale of the assets of such corporation and a disbursement of the amount received therefrom in cash, that a corporation be formed with a capital stock equivalent to the aggregate amount due to creditors of such corporation, whose claims have been allowed by the court, and the court shall order the receiver to sell and convey, transfer, assign and set over property, real and personal, and all stocks, bonds, notes and causes of action, and all other real and personal property of every kind, nature or description to such corporation so formed, and the court shall order a distribution of the stock of such corporation prorated to the creditors of such corporation, or their assigns; provided, however, that in cases where such corporation owns real and personal property outside of the State of Nevada and a receiver or receivers have been appointed to take charge of such property in the foreign state, and such receivers have assigned and conveyed all of the property located in said state to a receiver appointed in the State of Nevada, and there are creditors of such corporation residing outside of the State of Nevada who have approved claims against such corporation, the court may order a sale of that portion of the assets of such corporation located outside of the State of Nevada, and may in said order of sale direct the receiver to accept in payment of such property duly allowed claims at a proper valuation; provided, however, that if a receiver appointed by such foreign court should bid for said assets and offer in payment of same claims of creditors of such corporation residing in said foreign sate, that before said claims are accepted by the receiver, a duly certified copy of the order of such foreign court authorizing such receiver to offer in payment said claims shall first be presented and filed with the receiver of the Nevada court. Such corporation shall be formed under the general corporation act of this state. The court shall appoint three persons to sign and acknowledge the articles of incorporation, and upon the due and regular filing thereof shall appoint five directors from among the said creditors or their assigns, who shall serve for sixty days from the date of their appointment, or until their successors are elected and qualified as hereinafter provided. |
κ1933 Statutes of Nevada, Page 115 (CHAPTER 93, AB 125)κ
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days from the date of their appointment, or until their successors are elected and qualified as hereinafter provided. It shall be the duty of the directors appointed by the court to immediately elect a president, vice president and secretary, and it shall be the duty of such directors to immediately call a meeting of all stockholders of such corporation for the purpose of electing officers and adopting by-laws, such meeting to be held within sixty days of the date of incorporation, and at such time and place as may be fixed by the court. For the purpose of this act, creditors whose claims have been allowed by the court, or their assigns, shall be considered stockholders in the corporation, and shall be entitled to one vote for each share of stock held by them or to which they or their assigns may be entitled on the day of election. Creditors whose claims have been allowed by court, or their assigns, shall be entitled to one share of stock for each dollar of the amount of their claims. At the meeting of the stockholders held pursuant to the order of court, as heretofore provided, there shall be elected by them a board of five directors, and they shall adopt by-laws for the corporation and transact such other business as might be proper at an annual meeting of a corporation under the laws of the State of Nevada, including the election of officers. Sec. 3. This act shall become effective from and after its passage and approval. |
Creditors whose claims have been allowed to become stockholders in corporation
In effect |
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[Assembly Bill No. 148Mr. Black]
Chap. 94An Act to amend section 1 of an act entitled An act authorizing the governor and state land register to transfer in trust that certain property in the State of Nevada, commonly known as and called Fort Churchill, and the land incident thereto, to the Daughters of the American Revolution, approved March 24, 1931 (Stats. 1931, page 224).
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. In the event that the federal government of the United States shall transfer the title of the property designated in the preamble hereto to the State of Nevada, the governor and state land register are hereby authorized and directed to transfer, in trust, the same to the Nevada Sagebrush Chapter, Daughters of the American Revolution, as custodians, for the purposes indicated in the preamble hereto; provided, that such conveyance shall recite and it shall be made with the covenant that said property shall remain unincumbered by any liens or mortgages, and upon the dissolution of said Nevada Sagebrush Chapter, Daughters of the American Revolution, the said property shall revert to the State of Nevada. |
State to transfer title to Fort Churchill to D. A. R. |
κ1933 Statutes of Nevada, Page 116 (CHAPTER 94, AB 148)κ
|
In effect |
as custodians, for the purposes indicated in the preamble hereto; provided, that such conveyance shall recite and it shall be made with the covenant that said property shall remain unincumbered by any liens or mortgages, and upon the dissolution of said Nevada Sagebrush Chapter, Daughters of the American Revolution, the said property shall revert to the State of Nevada. Sec. 2. This act shall become effective upon its passage and approval. |
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Definition of terms
Proposal to issue bonds to be submitted at election
Two sets of ballots and boxes to be used |
[Assembly Bill No. 225Messrs. Moore and Taber]
Chap. 95An Act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When used in this act the words municipality or municipal shall refer to a county, city or town, school district, or high school district of the State of Nevada. Sec. 2. Whenever the State of Nevada, or any municipality therein, proposes to issue bonds, or provide for loans, in any amount within the limit of indebtedness authorized by the constitution, the proposal for such bond issue or loan shall be submitted at a general or special election, called for that purpose, to the electors of the state or municipality involved who are not real property owners or the spouses of real property owners, and also to the electors thereof who are the owners of real property or the spouses of real estate property owners, as shown by the assessment roll of some one or more of the counties in the state, or the spouses of such real property owners in the manner hereinafter set forth. Sec. 3. The election officers of the state or municipality, as the case may be, who are charged with the duty of providing for and conducting said election, shall provide two ballot boxes for the purpose of such election at each polling place. One of said ballot boxes shall be designated as ballot box A and the other shall be designated as ballot box B. Said officers shall also provide for the use of the voters entitled to vote at said election in the manner hereinafter set forth, two sets of ballots, one of which shall be printed on white paper and the other on colored paper, and both of which shall contain the same statement of the proposal to be voted upon and the same instructions respecting the manner of marking the ballot. |
κ1933 Statutes of Nevada, Page 117 (CHAPTER 95, AB 225)κ
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Sec. 4. Every citizen of the United States of the age of twenty-one years and upwards, who has resided in the state six months and in the county thirty days next preceding such election, and who has complied with the registration laws of this state, shall be entitled to vote thereat. If such elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of any county of the state, in the case of a state bond election, or on the assessment roll of the municipality in the case of a municipal bond election, he shall be furnished by the officers conducting such election a ballot printed on white paper, and the ballots of all such persons shall be deposited in ballot box A. If said elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of one or more of the counties of the state, in the case of a state bond election, or on the assessment roll of the municipality in the case of a municipal bond election, he shall be furnished by such officers a ballot printed on colored paper, and the ballots of all such persons shall be deposited in ballot box B. Before any person shall be permitted to vote a ballot printed on colored paper he shall be required to make before the officers of election, who are hereby authorized to take the same, an affidavit showing that he is the owner of or the spouse of the owner of or the spouse of the owner of real property assessed on the assessment rolls in the state or municipality as the case may be. Immediately after the closing of the polls the election officers shall proceed to canvass the ballots in ballot box A, and at the conclusion of such canvass shall then proceed to canvass the ballots in ballot box B. Separate and distinct records shall be made of the canvass of each box and the results disclosed by such canvass shall be certified by the election officers to the authorities who made the proposal to issue the bonds. If a majority of the ballots in each box is in favor of the issuance of the bonds, the proposal to issue said bonds shall have carried, and the proper officers of the state or municipality shall in the manner now provided by law, or as expressed in the notice for such election, proceed to complete the printing, execution, advertising and sale of said bonds. If the majority of the ballots in either of said boxes is against the issuance of said bonds the proposal to issue said bonds shall have failed, and said proper officers shall proceed no further with the printing, execution, advertisement or sale of said bonds, but shall certify the result of such election to the proper officers, board or governing board of the state or such municipality. Sec. 5. This act shall become effective immediately upon its passage and approval. |
Votes of taxpayers and non-taxpayers to be segregated
Separate and distinct records to be made of votes cast
In effect |
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κ1933 Statutes of Nevada, Page 118κ
|
New section
In effect |
[Assembly Bill No. 122Mr. Dunseath]
Chap. 96An Act to amend an act entitled An act defining the rights of husband and wife, approved March 10, 1873, by adding a new section thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding a new section thereto, to follow paragraph 3371 N. C. L. 1929, to read: Section 17 1/2. Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage. Sec. 2. This act shall become effective immediately upon its passage and approval. |
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Authority of county commissioners over damaged roads
May close road
May fix load limit
Notice to be given |
[Assembly Bill No. 117Mr. Murphy]
Chap. 97An Act to amend sections 1, 2 and 3 of an act entitled An act to regulate the use of public roads and highways under certain conditions, approved March 21, 1925, being sections 5439 and 5440 N. C. L. 1929.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of an act entitled An act to regulate the use of public roads and highways under certain conditions, approved March 21, 1925, being section 5439 of N. C. L. 1929, is hereby amended to read as follows: Section 1. Whenever, by reason of excessive moisture, or a lack of moisture, the public roads or highways, under the supervision of either the several boards of county highway commissioners or the county commissioners of this state, may be damaged by heavy loads thereon, the several boards of county commissioners having supervision over the public roads or highways, or the several boards of county highway commissioners having supervision over the public roads or highways of this state, shall have authority: (First) To close any public road or highway to such extent and for such time as may be necessary. (Second) To fix the maximum load limit which may pass over any road or highway or any section thereof. Notices of the closing of any road or highway or limiting the maximum load which may pass over said road or highway, under the provisions of this act, shall be given by placing a notice at each end of the section of road or highway to be protected, after such board of county highway commissioners shall have passed a resolution to such effect, spread upon the minutes of such board of county highway commissioners. |
κ1933 Statutes of Nevada, Page 119 (CHAPTER 97, AB 117)κ
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to be protected, after such board of county highway commissioners shall have passed a resolution to such effect, spread upon the minutes of such board of county highway commissioners. Such notice shall state that such road is closed to traffic or state the maximum load which may be drawn or carried over said road or highway or section thereof. Sec. 2. Section 2 of the above-entitled act, being section 5440 N. C. L. 1929, be and the same is hereby amended to read as follows: Section 2. Any person, firm, company or corporation who shall deface, destroy or remove any sign or notice so erected or placed, or who shall pass over a road so closed, or any part thereof, or who shall carry over such road, or any section thereof, any load in excess of the weight stated in such resolution of said board of county highway commissioners, and as stated in such notice, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, and shall be liable for any damage that may be done to any public road or highway or any section thereof as the result of said unlawful passage. Sec. 3. This act shall take effect and be in full force and effect immediately upon its passage and approval. |
Penalty for violation
In effect |
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[Assembly Bill No. 206Mr. Kenny]
Chap. 98An Act making unlawful the delivery to, or acceptance by, a public officer of depositary bonds for the payment of public moneys in certain surety companies, providing penalties for the violation thereof, and other matters properly relating thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, firm, company or corporation to knowingly deliver to any public officer of the State of Nevada, or of any political subdivision thereof, or for any such public officer to knowingly accept, any depositary bond of any surety company, for the security of any public moneys deposited, or to be deposited, by such public officer, in any banking or trust company, any stockholder or director of which, at the time of the execution of such depositary bond, shall be a stockholder or director in such surety company. Sec. 2. No such public officer shall accept any such depositary bond unless there be attached thereto a certificate, under oath, of some authorized officer or agent of such surety company, to the effect that at the time of executing such bond, no stockholder or director of such surety company furnishing such bond is a stockholder or director in any banking or trust company in which such public moneys are or are to be knowingly deposited. |
Unlawful for public officers to accept surety bonds in certain companies |
κ1933 Statutes of Nevada, Page 120 (CHAPTER 98, AB 206)κ
|
Requirements of officers of surety companies
Penalty for violation |
depositary bond unless there be attached thereto a certificate, under oath, of some authorized officer or agent of such surety company, to the effect that at the time of executing such bond, no stockholder or director of such surety company furnishing such bond is a stockholder or director in any banking or trust company in which such public moneys are or are to be knowingly deposited. Sec. 3. Any person, firm, company or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor. |
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Ex officio tax collector to publish notice stating when taxes are due |
[Assembly Bill No. 111Messrs. Strosnider, Bugbee and Carroll]
Chap. 99An Act to amend sections 32, 34, 36, 39, 45, 53 and 54 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, being, respectively, sections 6440, 6442, 6444, 6447, 6453, 6460 and 6461 Nevada Compiled Laws 1929.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 32 of the above-entitled act, being section 6440 Nevada Compiled Laws 1929, as amended by Statutes of 1931, page 97, is hereby amended to read as follows: Section 32. Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published then by posting notices in three public and conspicuous places in the county, (1) that taxes will be due and payable on the first Monday in December; (2) that said taxes may from and after the first Monday in December, 1933, and thereafter, be paid in four equal quarterly installments as follows, to wit: On the first Monday in December, the first Monday in March, the first Monday in June, and the first Monday in August; (3) that if any person charged with taxes which are a lien on real estate shall fail to pay one-quarter of said taxes on or before the first Monday in December, then there shall be added thereto a penalty of one (1%) per cent on said first installment; that should said first and second quarter of taxes, together with accumulated penalties, be not paid on or before the first Monday in March, then there shall be added thereto a penalty of two (2%) per cent on the said first and second quarters of said taxes; that in the event the first, second and third quarters of said taxes, together with accumulated penalties, are not paid on the first Monday in June, then and in that event there shall be added to said three-quarters of said taxes then due a penalty of five (5%) per cent on the three-quarters due; that in the event the full amount of said taxes, together with accumulated penalties, are not paid on or before the first Monday in August, then and in that event there shall be added thereto a penalty of five (5%) per cent on the total amount of taxes due. |
κ1933 Statutes of Nevada, Page 121 (CHAPTER 99, AB 111)κ
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together with accumulated penalties, are not paid on the first Monday in June, then and in that event there shall be added to said three-quarters of said taxes then due a penalty of five (5%) per cent on the three-quarters due; that in the event the full amount of said taxes, together with accumulated penalties, are not paid on or before the first Monday in August, then and in that event there shall be added thereto a penalty of five (5%) per cent on the total amount of taxes due. Sec. 2. Section 34 of the above-entitled act, being section 6442 Nevada Compiled Laws 1929, as amended by Statutes of 1931, page 97, is hereby amended so as to read as follows: Section 34. On the first Monday in August the ex officio tax receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all property therein assessed, the taxes upon which have not been paid, and shall mark the word delinquent on the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall immediately ascertain the total amount of taxes then delinquent, and prepare a list which shall specify and give: First-Roll number, page or reference; Second-Name of owner, if known; Third-Amount of taxes due and penalty; and shall file a copy of the same, verified by oath of himself or deputy, in the office of the county auditor on or before the second Monday in August. A penalty of one (1%) per cent shall be added and collected by the tax receiver on the first quarter of taxes in the event the first quarter of said taxes are not paid on or before the first Monday in December; a penalty of two (2%) per cent shall be added and collected by the tax receiver on the first and second quarters of taxes in the event the first and second quarters of said taxes, together with accumulated penalties, are not paid on or before the first Monday in March; a penalty of five (5%) per cent shall be added and collected by the tax receiver on the first, second, and third quarters of taxes, in the event said first, second, and third quarters of taxes, together with accumulated penalties, are not paid on or before the first Monday in June; a penalty of five (5%) per cent shall be added and collected by the tax receiver on the total amount of taxes in the event said total amount of taxes, together with accumulated penalties, are not paid on or before the first Monday in August; and the tax receiver shall immediately prepare a delinquent list, verified by the oath of himself or deputy, and shall file the same in the office of the county auditor on or before the second Monday in August. |
Instructions for tax receiver
Penalties on delinquent taxes |
κ1933 Statutes of Nevada, Page 122 (CHAPTER 99, AB 111)κ
|
Duties to be observed by tax receiver
Notice of sale of property on which taxes have become delinquent
Costs to be charged to delinquent taxpayer |
Sec. 3. Section 36 of the above-entitled act, being section 6444 N. C. L. 1929, is hereby amended to read as follows: Section 36. On the third Monday in September of each year, the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll, and the auditor shall then and there administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll on which taxes have been paid to him has the word paid marked opposite the name of such person, or the description of such property, that each person and all property assessed in said roll on which taxes have been stricken by the order of the board of county commissioners, has such word marked opposite the taxes so stricken, and that all property that has been sold for taxes has the words advertised and sold marked opposite the same. The auditor shall then foot up the amount of taxes remaining unpaid, if any, and shall make a final settlement with the ex officio tax receiver of all taxes charged against him on account of said assessment roll. Sec. 4. Section 39 of the above-entitled act, being section 6447 Nevada Compiled Laws 1929, as amended by Statutes of 1931, page 98, is hereby amended so as to read as follows: Section 39. Immediately after the first Monday in August of each year, the county treasurer and ex officio tax receiver shall advertise the property upon which delinquent taxes are a lien for sale, in all cases where the delinquent tax, exclusive of poll taxes, penalties and assessments of benefits of irrigation districts, does not exceed the sum of three thousand ($3,000) dollars, such sale to be made at the front door of the courthouse on the second Monday in September next succeeding. Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates. Such notice shall specify and give: First-The name of the owner, if known. Second-The description of the property on which such taxes are a lien and which will be sold for the payment thereof. Third-The amount of the taxes due from him, and the penalties and costs as provided by law. Fourth-That said property will be sold for all of said taxes, penalties, and costs, specifying the time and place of said sale to be on the second Monday in September at 1:30 p. m.; |
κ1933 Statutes of Nevada, Page 123 (CHAPTER 99, AB 111)κ
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of said sale to be on the second Monday in September at 1:30 p. m.; and that such sale is subject to redemption within two years after the date of sale by payment of said taxes, penalties, and costs, together with interest thereon at the rate of ten (10%) per cent per annum from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. Bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalties, and costs. Sec. 5. Section 45 of the above-entitled act, being section 6453 Nevada Compiled Laws 1929, is hereby amended so as to read as follows: Section 45. The auditor shall, within three days after receiving the delinquent list in August each year, make out and deliver to the district attorney of his county, a list duly certified to by him of all delinquencies to be collected by suit, charging him therewith, and shall at the same time give notice by publication in some newspaper in the county, if there be any, and if not, then by posting notices in three public places in the county, that the said list has been deposited with the district attorney, and that unless the delinquent taxes therein specified, together with penalties, and costs, are paid to the treasurer, as ex officio tax receiver, within twenty days from the publication or posting of such notices, action will be commenced by the district attorney for the collection of said taxes, penalties and costs. The auditor shall make or procure and file with the district attorney an affidavit stating contents of said notice and the manner and time of such publication or posting as required by this section. Sec. 6. Section 53 of the above-entitled act is hereby amended so as to read as follows: Section 53. In case judgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases; but when defendants have no claim or title to the property at the time of assessment, judgment may, notwithstanding, be entered against the property by continuing the suit, and summoning the owner, known or unknown, as provided in section 51 of this act. In case judgment is rendered for plaintiff, it may be entered against such defendant or defendants as are found liable for the tax, and for such portions as he or they may be found liable for. Judgment may be entered against the real estate, improvements, and personal property for the taxes, penalties and costs severally due thereon; and when it appears from the assessment roll, and is not disproved at the trial, that the real estate, improvements, and personal property belonged to the same person or persons at the time the assessments were made, then the whole tax of such person or persons for that year may be recovered out of any such real estate, improvements, or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, a lien shall attach thereon for the taxes and penalties due upon the personal property, and shall not be released from such lien until all taxes, penalties and costs are paid, as provided in section 3 of this act. |
Sale subject to redemption
Auditor of county to submit list of delinquents to district attorney
Procedure to be followed when judgment is entered |
κ1933 Statutes of Nevada, Page 124 (CHAPTER 99, AB 111)κ
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Liens not to be released until taxes, penalties and costs are paid
Act to regulate proceedings in civil cases to apply |
real estate, improvements, and personal property belonged to the same person or persons at the time the assessments were made, then the whole tax of such person or persons for that year may be recovered out of any such real estate, improvements, or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, a lien shall attach thereon for the taxes and penalties due upon the personal property, and shall not be released from such lien until all taxes, penalties and costs are paid, as provided in section 3 of this act. Such judgment shall be a lien as aforesaid, as in other civil cases where judgments are rendered in the district court. Such lien shall not be extinguished until the delinquent tax, penalties and costs of suit and sale shall have been paid. The clerk of the district court may issue execution upon judgments rendered in his court as in other civil cases. Judgment may be rendered by default, for want of an answer, as in other civil cases. In case any person shall be sued for taxes on any lands or improvements of which he was the owner, or in which he had a claim or interest at the time of the institution of suit, and shall be discharged from personal liability, under an answer in conformity with the third subdivision of section 52 of this act, and such lands or improvements shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, or if he shall pay the taxes and costs to prevent a sale, then such personally discharged defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, or any subsequent purchaser, for the full sum of all taxes, penalties and costs, or redemption money paid. And no court shall in any action, now or hereafter instituted under this act, award liquidated or other damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima facie evidence of the debt and of its amount; provided further, the tax receiver and all officers are empowered and directed to accept taxes due, exclusive of penalties, interest and costs, if the property has not been sold by reason of such delinquency, and said tax be paid on or before the first Monday in June, 1933. Sec. 7. Section 54 of the above-entitled act, being section 6461 N. C. L. 1929, is hereby amended to read as follows: Section 54. An act to regulate proceedings in civil cases in the courts of justice in the State of Nevada, approved March 9, 1869, and the several amendments thereto, or amendments which may hereafter be made thereto, or laws passed under the government of the State of Nevada, so far as the same are not inconsistent with the provisions of this act, are hereby made applicable to the proceedings under this act, and any deed derived from the sale of real property under this act shall be conclusive evidence of the title, except as against actual frauds or the payment of the taxes by one not a party to the action or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a justices court for the unlawful withholding thereof in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such property shall sell only the smallest quantity that will pay the judgment and all costs. |
κ1933 Statutes of Nevada, Page 125 (CHAPTER 99, AB 111)κ
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act, are hereby made applicable to the proceedings under this act, and any deed derived from the sale of real property under this act shall be conclusive evidence of the title, except as against actual frauds or the payment of the taxes by one not a party to the action or judgment in or upon which such sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a justices court for the unlawful withholding thereof in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such property shall sell only the smallest quantity that will pay the judgment and all costs. All sales of real estate sold for taxes shall be subject to redemption at any time within two years after date of sale by the payment of all costs connected with the suit and sale, together with interest at the rate of ten per cent per annum from the date of sale up to the time of redemption. When property is sold belonging to minors or persons under legal disability, they shall have one year after such disability is removed to redeem such property, as in other civil cases, by paying the whole amount of the judgment and original taxes, penalties and costs, and all subsequent taxes and interests paid by and due to the purchaser at such sale. But this provision shall not apply when the executor or administrator of the estate, or the father, or, in case of his death, the mother or guardian of such minor children, or insane persons, has been personally served with process. The period of redemption herein provided shall not apply to tax sales made prior to the year 1932. Sec. 8. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 9. This act shall take effect from and after its passage and approval. |
Real estate sold for taxes subject to redemption
Period of redemption
Repeal In effect |
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[Assembly Bill No. 144Mr. Murphy]
Chap. 100An Act to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 30 of the above-entitled act, being paragraph 2467 N. C. L. 1929, is hereby amended to read as follows: Section 30. Whenever the returns are required to be transmitted by the clerk of the board of county commissioners to the secretary of state, it shall be the duty of such clerk, if not otherwise directed by the board of county commissioners, to deliver the same to some postmaster of the county, at the post office, to be transmitted by mail, taking from such postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the post office, which certificate the clerk shall file in his office. |
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κ1933 Statutes of Nevada, Page 126 (CHAPTER 100, AB 144)κ
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County clerk to deliver returns to postmaster, taking receipt
Penalty for violations |
transmitted by the clerk of the board of county commissioners to the secretary of state, it shall be the duty of such clerk, if not otherwise directed by the board of county commissioners, to deliver the same to some postmaster of the county, at the post office, to be transmitted by mail, taking from such postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the post office, which certificate the clerk shall file in his office. If the clerk of the board of county commissioners should neglect or refuse to make out and transmit the returns or abstract, as required by this act, he shall be deemed guilty of a misdemeanor in office and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, and imprisonment in the county jail for not less than one month nor more than six months, or both such fine and imprisonment, in the discretion of the court, and shall be removed from office. At the same time that the clerk transmits the returns to the secretary of state, he shall also transmit therewith a statement certifying to the number of voters registered at the election, and the number of votes cast. |
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Witnesses must be examined in presence of defendant
Magistrate to employ stenographer |
[Assembly Bill No. 138Mr. Cahlan]
Chap. 101An Act to amend section 127 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, being paragraph 10775 N. C. L. 1929.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 127 of the above-entitled act, being paragraph 10775 N. C. L. 1929, be and the same is hereby amended to read as follows: Section 127. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. If either party so desire, the examination must be by interrogatories direct and cross; provided, by consent of the parties the testimony may be reduced to writing in narrative form. The magistrate, if he deem it necessary for the best interests of justice, and upon the approval of the district attorney, is authorized to employ a stenographer to take down all the testimony and the proceedings on said hearing or examination, and within such time as the court may designate have the same transcribed into long hand or typewritten transcript. The stenographer employed as aforesaid shall be sworn by the magistrate before whom such proceedings are held to take down in shorthand, verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript of the same into long hand or typewritten transcript. |
κ1933 Statutes of Nevada, Page 127 (CHAPTER 101, AB 138)κ
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aforesaid shall be sworn by the magistrate before whom such proceedings are held to take down in shorthand, verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript of the same into long hand or typewritten transcript. When the testimony of each witness is all taken and transcribed, the same must be read over to the witness and corrected as may be desired, and then subscribed by the witness; or if he refuses to sign it, the fact of such refusal, and any reasons assigned therefor must be stated, and the same must be attested by the magistrate. And such testimony so reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case such prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. The testimony so taken may be used by either party on the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or when his personal attendance cannot be had in court. The compensation for the services of a stenographer employed as provided in this section shall be such an amount as shall be fixed by the board of county commissioners, not exceeding eight dollars per day for reporting and twenty cents per folio for transcribing an original, with two carbon copies, to be paid out of the county treasury as other claims against the county are allowed and paid. |
Testimony to be subscribed by witness
Compensation of stenographer |
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[Senate Substitute for Senate Bill No. 39Committee on Ways and Means]
Chap. 102An Act to amend an act entitled An act for the advancement of agriculture, the livestock industry, and home economics; and the dissemination of knowledge and information in relation thereto in western Nevada; and making an appropriation therefor, approved March 25, 1927.
[Approved March 20, 1933]
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 360 N. C. L. 1929, is hereby amended to read as follows: Section 1. To advance agriculture, the livestock industry, and home economics in western Nevada, in cooperation with the county farm bureaus and the agricultural extension division of the University of Nevada, the sum of sixty-two hundred ($6,200) dollars for the years 1934 and 1935, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. |
Appropriation to advance certain industries |
κ1933 Statutes of Nevada, Page 128 (CHAPTER 102, Senate Substitute for Senate Bill No. 39)κ
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In effect |
thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. Sec. 2. This act shall become effective July 1, 1933. |
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Secretary of tax commission to certify assessment changes
Taxpayers not to be deprived of any remedy |
[Senate Bill No. 85Senator Henderson]
Chap. 103An Act to amend an act entitled An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being paragraph 6550 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 9. The secretary of the Nevada tax commission shall forthwith certify any change in the assessed valuation of any piece or class of property in whole or in part made by the tax commission or the state board of equalization to the auditor of the county wherein such property is assessed, and said auditor shall make such changes in the assessment roll prior to the delivery of his completed tax roll to the ex officio tax receiver, and the said secretary, at the time of certifying such change to the auditor, shall forward a true copy of such certificate by registered mail to the property owner affected by such change. Sec. 2. Section 10 of the above-entitled act, being paragraph 6551 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 10. No taxpayer shall be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all actions at law shall be for redress from the findings of said commission or the state board of equalization, and may not be instituted upon the act of an assessor, or of a county board of equalization or the state board of equalization until said commission has denied the complainant redress. Said Nevada tax commission, in that name, may sue and be sued, and shall be so named as defendant in any action at law brought under the provisions of this act, and the attorney-general shall defend the same, but the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that any valuation established or equalized by said commission or the state board of equalization is unjust and inequitable. |
κ1933 Statutes of Nevada, Page 129 (CHAPTER 103, SB 85)κ
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clear and satisfactory evidence that any valuation established or equalized by said commission or the state board of equalization is unjust and inequitable. Sec. 3. Section 11 of the above-entitled act, being paragraph 6552 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 11. (a) Any property owner whose taxes are less than $300, and who has paid the December installment of such taxes in full, may, on filing with the treasurer of the county a certificate of the secretary of the Nevada tax commission that he has made complaint or applied to said commission for redress from any increased valuation of his property, pay the June installment of such taxes in two separate payments, one payment in the sum which, when added to the December installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full June installment; and the county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer undisbursed until the Nevada tax commission shall, by its findings, grant or refuse redress from such increased valuation, and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the Nevada tax commission, by its findings, reduces the assessment valuation of such property, said county treasurer, on order of said commission, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues; and if said commission shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. Any person proceeding under this subparagraph (a) being aggrieved by the findings and order of the commission may appeal therefrom to the district court of the proper county, said appeal being taken in like manner and within the time as appeals from justice courts to district courts in civil actions, and such cases shall there be tried de novo; and, if such person prevails in the district court, such court may allow a reasonable amount of interest, not exceeding six per centum per annum, on the amount of said special deposit ordered repaid to the taxpayer from the date of deposit thereof with the county treasurer; provided, that an appeal may be taken from the judgment of the district court to the supreme court by either party to the action. (b) Any property owner whose taxes exceed the sum of $300 and are in excess of the amount which such owner claims to be justly due, may pay each installment of taxes as it becomes due under protest in writing, which said protest shall be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes, and it shall be the duty of said treasurer to forthwith forward one copy of said protest to the attorney-general and one copy to the state controller. |
Property owners may seek redress
May appeal to district court
May appeal to supreme court
Property owner may pay tax installment under protest |
κ1933 Statutes of Nevada, Page 130 (CHAPTER 103, SB 85)κ
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County treasurer to file protest with attorney-general and state controller
Time limit for beginning action
Causes for action |
protest shall be in triplicate and filed with the county treasurer at the time of the payment of the installment of taxes, and it shall be the duty of said treasurer to forthwith forward one copy of said protest to the attorney-general and one copy to the state controller. Such property owner, having protested the payment of taxes as hereinbefore provided, may commence a suit in any court of competent jurisdiction in the State of Nevada against the state and county in which the taxes were paid, and, in a proper case, the Nevada tax commission may be joined as a defendant for a recovery of the difference between the amount of taxes paid and the amount which such owner claims to be justly due, and such owner may complain upon any of the grounds hereinafter contained; provided, every action commenced under and by virtue of the provisions of this subparagraph (b) shall be commenced within three months from the date of the payment of the last installment of taxes, and if not so commenced shall be forever barred; provided further, that if the tax complained of shall be paid in full and under the written protest provided for herein, at the time of the payment of the first installment of taxes, suit for the recovery of the difference between the amount paid and the amount claimed to be justly due shall be commenced within three months of the date of payment thereof, and if not so commenced shall be forever barred. In any suit brought under the provisions of this act, the person assessed may complain or defend upon any of the following grounds: 1. That the taxes have been paid before the suit; or 2. That the property is exempt from taxation under the provisions of the revenue or tax laws of the state, specifying in detail the claim of exemption; or 3. That the person assessed was not the owner and had no right, title, or interest in the property assessed at the time of assessment; 4. That the property is situate in and has been duly assessed in another county, and the taxes thereon paid; or 5. Fraud in the assessment or that the assessment is out of proportion to and above the actual cash value of the property assessed; or the assessment is out of proportion to and above the valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; or that the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the full cash value of the property so assessed than that at which the other property in the state is assessed; provided, however, in all cases mentioned in this act, where the complaint is based upon any grounds mentioned herein, the entire assessment shall not be declared void, but shall only be void as to the excess in valuation; provided further, in every action brought under the provisions of any subparagraph of this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established or equalized by the Nevada tax commission, or the state board of equalization, or the county assessor, or county board of equalization is unjust and inequitable. |
κ1933 Statutes of Nevada, Page 131 (CHAPTER 103, SB 85)κ
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based upon any grounds mentioned herein, the entire assessment shall not be declared void, but shall only be void as to the excess in valuation; provided further, in every action brought under the provisions of any subparagraph of this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established or equalized by the Nevada tax commission, or the state board of equalization, or the county assessor, or county board of equalization is unjust and inequitable. In any judgment recovered by the taxpayer under this subparagraph (b), the court may provide for interest thereon at not to exceed six per centum per annum from and after the date of payment of the tax complained of. Nothing in this subparagraph (b) or in any remedy provided herein shall prevent the distribution or apportionment of the taxes paid under the provisions of this subparagraph (b) into the various funds of the state and county, but, in the event of judgment in favor of the person bringing the suit to recover taxes claimed to be unjustly paid under this subparagraph (b), the amount of said judgment plus the interest thereon, as may be fixed and determined by the court, shall be paid out of the general funds of the state and county by the proper officers thereof as the respective liability of the state and county may appear. The county treasurer is hereby directed, and it shall be his duty in making tax settlements with the state, to then and there notify the state controller of the amount of state tax moneys paid under protest, and an amount equivalent thereto, plus a reasonable amount of interest thereon, not exceeding six per centum per annum after the date of such payment to such county treasurer, shall be deemed to be and hereby is appropriated for the purpose of satisfying any judgment therefor recovered against the state in a suit under the provisions of this subparagraph (b); provided, if and when a judgment against a county is secured under the provisions of this subparagraph (b) and there shall not be sufficient money in the general fund of the county affected by such judgment to satisfy the same, the board of county commissioners of such county is hereby empowered and directed, and it shall be its duty, to forthwith levy and provide for the collection of a sufficient tax upon all the taxable property within said county, exclusive of the property of the person securing such judgment, to satisfy such judgment and such interest thereon as may have been fixed and determined therein by the court; and provided further, it shall be the duty of the boards of county commissioners of the respective counties of the state annually to provide in their respective budgets a reasonable amount of money and to levy a tax therefor to provide for the payment of interest required in this act with respect to judgments which may be secured against such counties; and it shall likewise be the duty of the governor of this state to include in the biennial executive budget of the state a reasonable amount of money to provide for the payments of interest required in this act with respect to judgments which may be secured against the state; provided, if at the time a final judgment secured against the state under this act is presented for satisfaction there is not sufficient money in the state treasury set apart for the satisfaction of any such judgment, the state treasurer is hereby empowered and directed, and it shall be his duty, to satisfy such judgment from moneys then and there in the general fund of the state. |
Burden of proof rests on plaintiff
Court may award interest
Refunds to be made if judgment be awarded plaintiff, how
If not sufficient money in general fund to pay judgment, special tax may be levied |
κ1933 Statutes of Nevada, Page 132 (CHAPTER 103, SB 85)κ
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Provisions for payment of judgments
Cases may be consolidated, when
In effect |
amount of money and to levy a tax therefor to provide for the payment of interest required in this act with respect to judgments which may be secured against such counties; and it shall likewise be the duty of the governor of this state to include in the biennial executive budget of the state a reasonable amount of money to provide for the payments of interest required in this act with respect to judgments which may be secured against the state; provided, if at the time a final judgment secured against the state under this act is presented for satisfaction there is not sufficient money in the state treasury set apart for the satisfaction of any such judgment, the state treasurer is hereby empowered and directed, and it shall be his duty, to satisfy such judgment from moneys then and there in the general fund of the state. (c) Any property owner owning property of like kind and character in more than one county in the state, and desiring to proceed with a suit under the provisions of subparagraphs (a) or (b) of this section may, where the issues in the cases are substantially the same in all or in some of the counties concerning the assessment of taxes on such property, consolidate any or all of said suits in one action and bring the same in any court of competent jurisdiction in the county of Ormsby, State of Nevada. Sec. 4. This act shall be in force and effect upon its passage and approval. |
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Style of ordinances city of Las Vegas |
[Senate Bill No. 131Senator Henderson]
Chap. 104An Act to amend an act 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, by amending chapter 2, section 30 thereof.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 30 of chapter 2 of the above-entitled act is hereby amended to read as follows: Section 30. The style of ordinances shall be as follows: The Board of Commissioners of the City of Las Vegas Do Ordain. Ordinance when first proposed shall be read aloud in full to the board of commissioners and final action thereon shall be deferred until the next regular meeting of the said board, except that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose, and such ordinances shall be designated as emergency ordinances.
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κ1933 Statutes of Nevada, Page 133 (CHAPTER 104, SB 131)κ
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and such ordinances shall be designated as emergency ordinances. All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against their passage, in a newspaper published in such city once a week for two weeks immediately following the first reading of such ordinance and before the second reading and passage thereof; provided, however, that in the case of emergency ordinances, publication for the same period of time shall be made following the passage of said ordinance. All ordinances shall become effective following their final passage by the board in conformity with the provisions of this section, except that in the case of emergency ordinances which shall become effective immediately following last publication thereof; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of commissioners they shall be so received. Sec. 2. This act shall become effective from and after its passage and approval. |
Ordinances to be published and signed by mayor and city clerk
Shall become effective, when
In effect |
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[Senate Bill No. 119Committee on Ways and Means]
Chap. 105An Act to amend an act entitled An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof, approved February 20, 1915, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being paragraph 6223 N. C. L. 1929, is hereby amended to read as follows: Section 9. Any association or corporation conducting horse racing in the State of Nevada where pari mutuels may be permitted shall take out such commission from all moneys received from the sale of pari mutuels as may be prescribed by the state racing commission, not to exceed ten (10%) per cent; one-sixth of which shall be paid by said association or corporation daily to the said state racing commission, and shall be paid by said state racing commission to the state treasurer, which money shall be placed in the general fund. |
Limit on pari mutuel commissions |
κ1933 Statutes of Nevada, Page 134 (CHAPTER 105, SB 119)κ
|
Repeal
In effect |
or corporation daily to the said state racing commission, and shall be paid by said state racing commission to the state treasurer, which money shall be placed in the general fund. It is hereby made the duty of the state racing commission, and they are hereby granted the power to inspect the books of any such association or corporation and to revoke its license unless the said books are fully, accurately, and fairly kept. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
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Preamble
Board of education, district 1, Clark County, to sell land to federal government |
[Senate Bill No. 144Senator Henderson]
Chap. 106An Act authorizing educational district No. 1, Clark County, Nevada, to sell certain school property to the United States.
[Approved March 20, 1933]
Whereas, The erection and construction of Hoover dam by the bureau of reclamation of the United States of America will cause the flooding of the communities of St. Thomas and Kaolin in educational district No. 1 of Clark County, Nevada, and will render the whole of said communities uninhabitable; and Whereas, The bureau of reclamation of the United States has appraised all of the land which is to be used as a reservoir in connection with said dam and has made offers to the owners thereof to purchase it at the appraised value, and the land hereafter described and known as the St. Thomas school property was appraised at twenty-one thousand, eight hundred fifty dollars ($21,850), and the land hereafter described as the Kaolin school property was appraised at six hundred dollars ($600), which at the time of said appraisal was a fair valuation; and Whereas, Said property will soon become unused and undesirable for school purposes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of education of educational district No. 1, Clark County, Nevada, is hereby authorized and empowered to sell and convey to the United States of America at the appraised value above mentioned, plus the cost or appraised value of any improvements or additions made since said appraisal, that certain tract or parcel of land situated in the county of Clark, State of Nevada, known as the St. Thomas school property and described by metes and bounds as follows, to wit: |
κ1933 Statutes of Nevada, Page 135 (CHAPTER 106, SB 144)κ
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Lying and being in the NW 1/4 of the SW 1/4 of sec. 11, Tp. 17 S., R. 68 E., M. D. B. & M., commencing at the point thirteen and one-half (13 1/2) rods north and eleven (11) rods east of the southwest corner of the northwest one-fourth of the southwest one-fourth of section eleven (11); thence twenty-three (23) rods north; thence twenty (20) rods east; thence twenty-three (23) rods south; thence twenty (20) rods west, to point of beginning, containing about two and seven-eighths (2 7/8) acres of ground, be the same more or less. Also that certain block of land known as the Kaolin school property and described as all of block number nine (9) of the Kaolin townsite as shown by map thereof on file in book 1 of plats at page 32 in the office of the county recorder of said Clark County. Sec. 2. The sale of said property shall be made by resolution or order of said board of education of educational district No. 1, duly passed and approved by said board at any regular or special meeting thereof, a quorum being present and a majority voting in favor of it. The proper officers of said board of education are hereby authorized and directed to execute and deliver a good and sufficient deed of conveyance, containing the usual covenants required by the purchaser, and to deliver it upon completion of the sale and arrangements and assurances from the officers or agents of the purchaser that the purchase price will be promptly paid in their usual course and procedure. Sec. 3. Upon receipt of the proceeds of the sale of said property it shall be deposited with the county treasurer of the county of Clark, and a special account shall be kept by the secretary of said board of education covering said special account, and it shall be disbursed as ordered by said board of education in the following manner: (a) To the usual and necessary expenses of sale including any expenses of perfecting the title to said land, recording fees, revenue stamps, expense of the required evidence of title, attorneys fees and court costs. (b) A sum not less than fifteen thousand dollars ($15,000) to be used in paying off outstanding bonds of said educational district No. 1. (c) The balance remaining after deductions under (a) and (b) of this section may be used by said board of education for repairs, additions, betterments or improvements of the permanent school property now owned by said educational district No. 1, or by order of said board of education any balance remaining may be used in the payment of outstanding bonds or special claim or of indebtedness of said district. Sec. 4. This act shall be in full force and effect from and after its passage and approval. |
Description by metes and bounds
Board authorized to execute and deliver deed
Disbursement of proceeds
In effect |
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κ1933 Statutes of Nevada, Page 136κ
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Municipal corporations of other states to file charter before operating in Nevada
Must pay minimum fee
Secretary of state to issue certificate
Corporations subject to laws of this state
Repeal In effect |
[Senate Bill No. 143Senator Henderson]
Chap. 107An Act to require municipalities organized in another state to qualify to do business in Nevada before carrying on business in this state, regulating and prescribing the manner thereof, and other matters pertaining thereto, and repealing all other acts in conflict herewith.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every municipal corporation organized in another state, which shall hereafter enter this state for the purpose of doing business herein, shall, before commencing work or doing any business in this state, file in the office of the secretary of state a certified copy of its charter, or of the statute, or statutes, or legislative, executive, or governmental acts, or other instruments of authority by which it was created, and a certified copy thereof, duly certified by the secretary of state of this state, shall also be filed in the office of the county clerk of the county where the principal place of business of said municipality in this state is located. Sec. 2. Any such municipal corporation so entering this state for the purpose of constructing works and doing business herein shall pay to the secretary of state the minimum fee of $25 required to be paid by foreign corporations authorized to do business within this state. Sec. 3. On filing certified copies of charters, papers or other instruments, as required by section 1 of this act, and paying the fees required by section 2 hereof, the secretary of state shall issue to any such municipal corporation a certificate certifying that such filings have been made and fees paid, and that said municipal corporation is authorized under the laws of the State of Nevada to do business within this state. Sec. 4. Any such municipal corporation so entering this state for the purpose of doing business herein shall be subject to the laws of this state relative to taxation, police regulations, and all laws and reasonable regulations specifically applicable to any particular business or activity in which such municipalities may engage, as the same are now, or hereafter may be made, that are applicable to foreign corporations doing like or similar business or work in this state. Sec. 5. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 6. This act shall become effective upon its passage and approval. |
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κ1933 Statutes of Nevada, Page 137κ
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[Senate Bill No. 105Committee on Ways and Means]
Chap. 108An Act authorizing and directing the state treasurer for the State of Nevada to transfer three thousand dollars from the general fund of the State of Nevada to the fish and game fund; and providing for the repayment thereof.
[Approved March 20, 1933]
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 treasurer is hereby authorized and directed to transfer from the general fund of the State of Nevada to the fish and game fund of the State of Nevada the sum of three thousand dollars ($3,000). Sec. 2. The fish and game commissioners of the State of Nevada are hereby authorized and directed, as and when certain sums now due from the various counties of this state to the fish and game fund shall have been paid, to repay said sums to the extent of three thousand dollars ($3,000) to the state treasurer of the State of Nevada, and the state treasurer is hereby authorized and directed to place said payments as and when made by said fish and game commission to the credit of the general fund of the State of Nevada. Sec. 3. This act shall become effective from and after its passage and approval. |
Transfer of funds to fish and game commission
Moneys received to be repaid to state
In effect |
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κ1933 Statutes of Nevada, Page 138κ
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State engineer to employ guards when necessary |
[Senate Bill No. 37Senator Tobin]
Chap. 109An Act to amend an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineers office and other matters relating thereto, approved February 20, 1909, approved March 22, 1913, as amended, by inserting a section therein.
[Approved March 20, 1933]
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 inserting a section therein to follow section 55 thereof, being section 7940 N. C. L. 1929, to be known as section 55a, which said section shall read as follows: Section 55a. Whenever, in the pursuance of his duties, the state engineer finds it necessary to employ guards to prevent unlawful diversions of water in any ditch or ditch system, the salaries of such guards shall be charged against the owner or owners of the ditch or ditch system and become a valid lien against the lands having water rights thereunder. |
κ1933 Statutes of Nevada, Page 139 (CHAPTER 109, SB 37)κ
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system, the salaries of such guards shall be charged against the owner or owners of the ditch or ditch system and become a valid lien against the lands having water rights thereunder. The costs shall be assessed against these lands and collected in the same manner as provided in section 77, chapter 253, Statutes of 1915, for the distribution of waters from reservoirs on the stream system. Sec. 2. This act shall become effective from and after its passage and approval. |
In effect |
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[Senate Bill No. 135Committee on Ways and Means]
Chap. 110An Act to amend section 7 of an act entitled An act in relation to the state library, approved February 14, 1865, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act, being paragraph 7091 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 7. The state library fund shall be maintained by moneys appropriated out of the general fund by the legislature. On June 30 and December 31 of each year, the amount paid out of the general fund for the support of the state library during the preceding six months shall be returned to the general fund out of the state library fund by the state treasurer, and any surplus thereafter remaining in the library fund shall then be apportioned equally between the general fund and the state distributive school fund. Sec. 2. This act shall be in effect from and after its passage and approval. |
Concerning funds for maintenance of state library
In effect |
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[Assembly Bill No. 202Mr. Dunseath]
Chap. 111An Act to amend section 10k of article XII of An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, as amended by Stats. 1931, page 223.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10k of the above-entitled act, as amended by Statutes of 1931, page 223, is hereby amended to read as follows: |
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κ1933 Statutes of Nevada, Page 140 (CHAPTER 111, AB 202)κ
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Pension for employees of city of Reno; requirements
Limit to amount allowed
In effect |
Section 10k. The city council of the city of Reno may, by unanimous vote only, provide by ordinance for a pension fund for the payment of pensions to employees of the city of Reno who have been in the employ of said municipal government for a period of twenty-five (25) years, or who have been in the employ of said municipal government for a period of twenty (20) years, if said employee has reached the age of sixty-five (65) years, or is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed one (1%) per cent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that if the money so set aside for said fund is greater than the amount necessary, and is not disbursed for said purpose, said money may be taken from said fund and transferred to any other fund of the city, or may be invested by the said city of Reno in its own bonds, or in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any employee by said ordinance shall not exceed fifty (50%) per cent of the average amount of the monthly wages or salary which said employee had been paid during the five years next preceding the time said employee is pensioned; provided further, that the amount of each payment of said pension shall be reduced by the amount of any sum of money or its equivalent received by said pensioner or acquired or earned by or through any property, interest in property, or property rights or by or through any gainful occupation, or any other source whatever, between the ages of forty years and sixty-five years, notwithstanding any physical or mental condition. Sec. 2. This act shall become effective immediately upon its passage and approval. |
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[Assembly Bill No. 220Mr. Brown]
Chap. 112An Act to amend sections 510 and 511 of An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 510 of the above-entitled act, being section 8999 N. C. L. 1929, is hereby amended to read as follows: Section 510. An affidavit or deposition taken in a foreign country to be used in this state shall be taken before an ambassador, minister, consul, vice consul, or other consular agent of the United States, or any notary public or other person authorized by the laws of such country to administer oaths, or before any judge of a court of record of such foreign country, with the seal of said court attached, if there be one, and if there be none, then with a statement attached by the judge or clerk of the court to the effect that said court has no seal. |
κ1933 Statutes of Nevada, Page 141 (CHAPTER 112, AB 220)κ
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country to be used in this state shall be taken before an ambassador, minister, consul, vice consul, or other consular agent of the United States, or any notary public or other person authorized by the laws of such country to administer oaths, or before any judge of a court of record of such foreign country, with the seal of said court attached, if there be one, and if there be none, then with a statement attached by the judge or clerk of the court to the effect that said court has no seal. Sec. 2. Section 511 of the above-entitled act, being section 9000 N. C. L. 1929, is hereby amended to read as follows: Section 511. When an affidavit is taken before a judge of a court in another state, or in a territory of the United States, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof shall be certified by the clerk of the court, under the seal thereof. |
Concerning affidavits or depositions taken in foreign countries
Signature to affidavit taken in other states to be certified |
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[Assembly Bill No. 196Mr. Hamlin]
Chap. 113An Act to amend an act entitled An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, and acts amendatory thereof and supplementary thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section 17 of said act is amended to read as follows: Section 17 (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $200 per month, a qualified and competent person, but who must have had at least three years practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto; provided, the board by unanimous vote to be entered of record in their proceedings, may designate one of their own number as such general manager, and the member so designated shall give a like bond for the faithful performance of his duties. |
County commissioners of Mineral County to employ manager for power line |
κ1933 Statutes of Nevada, Page 142 (CHAPTER 113, AB 196)κ
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Board may name one of its members
Additional help may be employed
General manager to make monthly report |
utility, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto; provided, the board by unanimous vote to be entered of record in their proceedings, may designate one of their own number as such general manager, and the member so designated shall give a like bond for the faithful performance of his duties. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation. (b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk. (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat. |
κ1933 Statutes of Nevada, Page 143 (CHAPTER 113, AB 196)κ
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annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat. (d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more. Sec. 2. In all matters save and except where otherwise herein specified, a majority of the board shall control. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective from and after its passage and approval. |
Majority of board to control Repeal
In effect |
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[Assembly Bill No. 187Mr. Hatton]
Chap. 114An Act to amend section 26 of an act entitled An act relating to the compensation of injured workmen in the industries of this state, and the compensation of their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26 of the above-entitled act, being section 2707 N. C. L. 1929, is hereby amended to read as follows: Section 26. (a) The following persons shall be conclusively presumed to be totally dependent for support upon a deceased employee: 1. A wife upon a husband whom she has not voluntarily abandoned at the time of the injury; 2. A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of injury; 3. A natural, posthumous, or adopted child or children, whether legitimate or illegitimate, under the age of eighteen years, or over that age, if physically or mentally incapacitated from wage earning, there being no surviving dependent parent. Step-parents may be regarded in this act as parents, if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this act as a natural child or children, if the existence and fact of dependency is shown. |
Dependents on deceased employees; who entitled to support |
κ1933 Statutes of Nevada, Page 144 (CHAPTER 114, AB 187)κ
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Dependency determined, when
In effect |
parents, if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this act as a natural child or children, if the existence and fact of dependency is shown. (b) Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the death benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees. Sec. 2. This act shall become effective from and after its passage and approval. |
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Salaries of officers of Mineral County
Salary of sheriff
May appoint one deputy
Salary of county clerk and treasurer |
[Senate Bill No. 149Senator Miller]
Chap. 115An Act fixing the salaries of certain officers of Mineral County.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following-named officers of Mineral County, State of Nevada, shall receive, in full payment for all services and ex officio services rendered by them, the following salaries: The sheriff, for services as sheriff, shall receive the sum of one thousand dollars ($1,000) per annum, and for his services as ex officio county assessor and ex officio collector of licenses, the sum of fifteen hundred dollars ($1,500) per annum. The sheriff, when necessarily traveling on official business, shall receive fifteen cents (15ȼ) per mile, one way. The sheriff is hereby authorized to appoint not more than one undersheriff, and said undersheriff (who shall also be deputy county assessor and deputy collector of licenses), shall receive a salary of eighteen hundred dollars ($1,800) per annum. The sheriff is authorized to appoint such additional deputies (who shall also be deputy assessors and deputy collectors of licenses) as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five dollars ($5) per day, such compensation to be paid by and with the unanimous approval of the board of county commissioners only. The county clerk, for services as county clerk, shall receive the sum of six hundred dollars ($600) per annum, and for his services as ex officio county treasurer, the sum of twelve hundred dollars ($1,200) per annum. |
κ1933 Statutes of Nevada, Page 145 (CHAPTER 115, SB 149)κ
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The county clerk is hereby authorized to appoint one deputy county clerk (who shall also be deputy county treasurer), at a salary of four dollars ($4) per day, for a period of not to exceed ten days in any one month, unless with the consent of the board of county commissioners; provided, however, during the months of September and October preceding any general election, said county clerk is authorized to appoint a deputy clerk (who shall also be deputy county treasurer), for such period in such months as shall be necessary, at a salary of not to exceed five dollars ($5) per day. The county clerk shall also be authorized to appoint a deputy clerk to act as clerk of the district court for each day the district court may be in session and for such additional time as may be necessary to write out the permanent record of the court minutes, at a salary of not to exceed five dollars ($5) per day, and the claim for such services, when approved by the district judge, shall be allowed, audited and paid out as are other claims against the county. The county recorder, for services as county recorder, shall receive the sum of six hundred dollars per annum, and for his services as ex officio county auditor shall receive the sum of twelve hundred dollars per annum. The county recorder may have a deputy whenever the fees of the office exceed the sum of two hundred fifty dollars ($250) per month, which said deputy shall receive the sum of five dollars ($5) per day for each day of employment, to be paid out of such excess only, and whenever there shall cease to be an excess of two hundred fifty dollars ($250) per month in fees, such recorder shall not be entitled to such or any deputy. The district attorney shall receive the sum of eighteen hundred dollars ($1,800) per annum, which shall be his compensation in full for his services as district attorney, except that he shall be allowed such additional sum for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may also employ such deputies as may be necessary; the compensation for such deputies to be fixed and approved by the board of county commissioners. Each member of the board of county commissioners shall receive six hundred dollars ($600) per annum, to be paid in equal monthly installments, and in addition thereto each member of the board shall be entitled mileage at the rate of fifteen cents (15ȼ) per mile, one way only, over the shortest practicable route from their place of residence when attending a session of the board; provided, that this act shall not be effective so far as the present long term commissioner of said county is concerned until January 1, 1937. The public administrator and county surveyor shall receive the same compensation as is now allowed by law to these officers. |
May name deputy for stated terms
May name clerk for district court when in session
Salary of county recorder and auditor
May have deputy when office fees exceed $250 per month
Salary of district attorney
Salary of county commissioners
Administrator and surveyor |
κ1933 Statutes of Nevada, Page 146 (CHAPTER 115, SB 149)κ
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Board of county commissioners to allow compensation for extra help
Repeal
In effect |
The board of county commissioners, by unanimous consent, is hereby authorized and directed to allow such compensation as may be necessary, but not to exceed five dollars ($5) per day, for the payment of such additional clerk and assistants as may be needed in the office of the county clerk and ex officio county treasurer, sheriff and ex officio county assessor and ex officio collector of licenses, county recorder and ex officio county auditor, and district attorney, respectively, as herein provided, and such claims, when approved by the officer in whose office the work is performed, shall be allowed, audited and paid as are other claims against the county. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after January 1, 1935, except as otherwise provided in section 1. |
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University funds in closed banks to be paid to state treasurer, when
Funds to be applied to redemption of bonds
In effect |
[Senate Bill No. 104Committee on Ways and Means]
Chap. 116An Act authorizing and directing the board of regents of the University of Nevada to pay certain moneys into the state treasury; appropriating such payments for the redemption of certain bonds, and other matters relating thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the University of Nevada is hereby authorized and directed to pay to the state treasurer, to be credited to the bond interest and redemption fund, all moneys if and when received from the deposits to the credit of the State University of Nevada in the closed banks in Nevada. Sec. 2. Said payments if and when paid are hereby appropriated to be used for the redemption of the bonds provided for in that certain act of the legislature entitled An act authorizing the state board of examiners to issue and sell bonds to provide money to replace federal funds belonging to the University of Nevada now on deposit in closed banks, providing for the payment of said bonds, authorizing and directing the state controller and state treasurer to pay the proceeds of the sale of said bonds to the board of regents of the University of Nevada, and other matters relating thereto, approved March 11, 1933. Sec. 3. This act shall become effective from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 147κ
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[Assembly Bill No. 67Mr. Hamlin]
Chap. 117An Act to amend an act entitled An act supplemental to an act entitled An act relating to the state university and matters properly connected therewith, approved February 7, 1887, approved March 16, 1895, as amended in 1925, adding a new section thereto, and making an appropriation therefor, and other matters properly relating thereto.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. (N. C. L. 7754.) It shall be the duty of the president of the university in addition to his other duties as fixed by law, to cause to be analyzed by an assistant, teacher or teachers employed at the state university, any ores, mineral, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said state for that purpose. The work is restricted to both Nevada samples and citizens, and limited in number as prescribed in the following sections. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are both taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance as has been described, within the limitations as provided, and have same analyzed free of charge, and the results of the same mailed to him within ten (10) working days after it has been received, provided he has supplied the university with the information for its records as provided in this section. The report sent him shall also contain as near as possible an explanation of their uses and value in market. There shall be kept at the university a record, open for inspection, under such rules as may be made by the regents, of all minerals, ores or other matters so sent, with a history of such mineral or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and all other matters that may be beneficial touching the same. This information for the records may be required to be filed with the university before any work is done on the material sent and the ten (10) day limit for reports will count from the time such data is received at the university. Blanks for same to be printed at state printing office and distributed free. A portion of the sample analyzed shall be kept at the university for a period of three months after the report is sent out, in case any question should arise in relation to the report or additional information be desired, after which period samples may be destroyed or used for any desirable purpose. |
State university to provide for analysis, free of charge, of ores, minerals, soil and water indigenous to Nevada
Record and history to be kept |
κ1933 Statutes of Nevada, Page 148 (CHAPTER 117, AB 67)κ
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Procedure where samples are from same district
Sequence required
Object of act is to aid prospectors
Definition of terms
Quantitative determination
Where samples have no economic value
New section to act
Appropriation |
sent out, in case any question should arise in relation to the report or additional information be desired, after which period samples may be destroyed or used for any desirable purpose. Sec. 2. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. (N. C. L. 7755.) If the same general kind of matter for analysis is sent from the same district and previous analyses have shown its character and values, it shall not be necessary to analyze the same, but an assay shall be run to determine the value thereof, and shall be sent by mail to the person desiring the same. Sec. 3. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. (N. C. L. 7756.) Samples for analysis shall be analyzed in the order received, as far as possible. Sec. 4. Section 4 of the above-entitled act is hereby amended to read as follows: Section 4. (N. C. L. 7757.) The main object of this act, as it relates to ore samples, is to aid the prospector in the discovery of new mineral deposits. It shall not apply in the following cases: To operating mines, to engineers sampling mines or prospects for the purposes of valuation, and to so-called control assays to check other assayers on ore known to be of value. The term operating mines as used in this section will be taken to mean those properties milling or shipping ore or being worked by hired labor. Samples requiring assays and exact quantitative determinations are limited to two (2) in any thirty (30) day period for any single person or associated group of persons. Samples sent for ordinary rock and mineral determinations are limited to ten (10) in any thirty (30) day period. In order to save the state unnecessary expense, if preliminary examinations by microscope and qualitative tests indicate material of no economic value, exact quantitative analyses are not to be run on such samples, and reports on such material will indicate why such material has no commercial value. Sec. 5. There is hereby added to said act a new section to be designated as section 5, which said section shall read as follows: Section 5. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada the sum of five thousand dollars ($5,000), for the biennium from June 30, 1933, to June 30, 1935, to be paid out upon the order of the president of the University of Nevada, and allowed as other claims against the State of Nevada. |
κ1933 Statutes of Nevada, Page 149 (CHAPTER 117, AB 67)κ
|
University of Nevada, and allowed as other claims against the State of Nevada. Sec. 6. This act shall become effective from and after its passage and approval. |
In effect |
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|
[Senate Substitute for Senate Bill No. 40Committee on Ways and Means]
Chap. 118An Act to amend an act entitled An act to continue the advancement of agriculture, horticulture, the livestock industry and home economics, and the dissemination of knowledge and information relative thereto in eastern Nevada, and making an appropriation therefor, approved March 5, 1923.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being paragraph 357 N. C. L. 1929, is hereby amended to read as follows: Section 1. To continue the work begun by the northeastern Nevada agricultural board and the southern Nevada agricultural board, for the years 1934 and 1935 the sum of sixty-eight hundred ($6,800) dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. Sec. 2. This act shall become effective on July 1, 1933. |
Appropriation for continuing work
In effect |
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|
[Assembly Bill No. 289Messrs. Brown and Persson]
Chap. 119An Act to amend an act entitled An act concerning officers, approved November 29, 1861, as amended.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 2191 N. C. L. 1929, is hereby amended to read as follows: Section 4. The county clerk shall perform such duties as clerk of the probate court, clerk of the board of county commissioners, and county auditor, as required by law, and in addition to any other duties required by any other law of this state, he shall receive, receipt for, and have charge of the issuance of all fishing and hunting licenses in his county, and shall perform such duties in relation thereto as may from time to time be required by any existing or future law of this state. |
Duties to be performed by county clerk |
κ1933 Statutes of Nevada, Page 150 (CHAPTER 119, AB 289)κ
|
Repeal |
law of this state, he shall receive, receipt for, and have charge of the issuance of all fishing and hunting licenses in his county, and shall perform such duties in relation thereto as may from time to time be required by any existing or future law of this state. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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Judgment debtor may redeem property within one year
Not to apply to existing contracts
Further time may be granted, when |
[Assembly Bill No. 249Mr. Carroll]
Chap. 120An Act to amend sections 358 and 359 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 358 of the above-entitled act, being paragraph 8856 N. C. L. 1929, is hereby amended to read as follows: Section 358. The judgment debtor or redemptioner may redeem the property by paying to the sheriff making the sale, within one year after the sale, the amount of the purchase price, in the kind of money or currency specified in a judgment, if any is specified, with interest thereon at the rate of seven per cent per annum from the time of the sale to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid after the purchase, and a statement of which the purchaser shall file, before the redemption, with the officer making the sale, and interest on such amount; and if the purchaser is also a creditor, having a lien prior to that of the redemptioner, other than the judgment under which the purchase was made, the amount of such lien, with interest; provided, the provisions of this section relating to the period fixed for redemption shall not apply to contracts made prior to the effective date of this section. Sec. 2. Section 359 of the above-entitled act, being paragraph 8857 N. C. L. 1929, is hereby amended to read as follows: Section 359. If the property is so redeemed by a redemptioner, either the judgment debtor or another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner, by paying the sum paid on such last redemption with two per cent thereon in addition, and the amount of any assessments or taxes which the said last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; provided, the judgment under which the property was sold need not be paid as a lien. |
κ1933 Statutes of Nevada, Page 151 (CHAPTER 120, AB 249)κ
|
addition, and the amount of any assessments or taxes which the said last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; provided, the judgment under which the property was sold need not be paid as a lien. The property may again, and as often as the debtor or redemptioner is disposed, be redeemed from the officer making the sale, within sixty days after the last redemption, with two per cent thereon in addition, and the amount of any assessments or taxes which the last previous redemptioner shall have paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the said last redemptioner previous to his own, with interest. Written notice of the redemption must be filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must be given to the sheriff and filed with the recorder; and if such notice is not filed, the property may be redeemed without paying such tax, assessment or lien. If no redemption is made within one year after the sale, the purchaser or his assignee is entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed, and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner or his assignee is entitled to a sheriffs deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale in which to redeem the property. If the debtor redeem, the effect of the sale is terminated and he is restored to his estate. Upon a redemption by the debtor, the sheriff to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before an officer authorized to take acknowledgments of conveyances to real property. Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of sale; provided, the provisions of this section relating to the periods of redemption shall not apply to contracts made prior to the effective date of this section. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall become effective immediately upon its passage and approval. |
Written notices must be filed with county recorder
Repeal In effect |
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κ1933 Statutes of Nevada, Page 152κ
|
Fees of witnesses
In criminal cases
In civil suits
Mileage allowed
Fees in civil cases to be taxed against defeated party
No fees in justice court, except when witnesses are brought from distance |
[Assembly Bill No. 215Mr. Blundell]
Chap. 121An Act to amend sections 1, 2 and 3 of an act entitled An act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith, approved March 26, 1919.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being paragraph 8490 N. C. L. 1929, is hereby amended to read as follows: Section 1. Witnesses required to attend in the courts of this state shall receive the following compensation: For attending in any criminal cases, or civil suit or proceeding before a court of record, referee or commissioner, or before the grand jury, in obedience to a subpena, three dollars for each days attendance, which shall include Sundays and holidays. For attending in a civil suit or proceeding before a justice of the peace, two dollars for each days attendance, which shall include Sundays and holidays. Mileage shall be allowed and paid at the rate of fifteen cents a mile, one way only, for each mile necessarily and actually traveled by the shortest and practical route; provided, however, that no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least one days fees shall have been paid him if he demanded the same. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf. No per diem or mileage shall be allowed or paid to witnesses in criminal cases in justice courts; provided, however, in preliminary examinations, where witnesses are compelled to travel a greater distance than fifteen miles one way, they shall be paid fifteen cents per mile one way only, necessarily traveled, and in addition be paid three dollars a day for each day that they are actually in attendance (which shall include Sundays and holidays), which said claim, when itemized in detail, shall be allowed, audited and paid as are other claims against the county; and provided further, that before any such claim shall be allowed, audited or paid as herein provided, the district attorney and magistrate shall certify thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate. |
κ1933 Statutes of Nevada, Page 153 (CHAPTER 121, AB 215)κ
|
thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate. Sec. 2. Section 2 of the above-entitled act, being paragraph 8491 N. C. L. 1929, is hereby amended to read as follows: Section 2. Each person summoned to attend as a grand or trial juror, unless on or before the day he is summoned to attend he be excused by the court at his own request from serving, shall receive (except as hereinafter provided) three dollars per day for each day he may be in attendance, which shall include Sundays and holidays, and fifteen cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only; provided, however, that where the mileage does not exceed one mile no allowance shall be made therefor. In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury, and in addition thereto, shall deposit with the clerk of the court a sum sufficient to pay each member of the jury panel three dollars for his first days attendance, unless the court shall make an order and file the same with the clerk of the court providing that the county shall pay the first days attendance of the jury panel. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party. Jurors actually sworn and serving in civil cases or proceedings in justice courts shall receive two dollars per day as full compensation for each day of said service. Trial jurors in criminal cases in justice courts shall receive one dollar per day each as full compensation for each days service, but no mileage shall be allowed for any distance traveled less than one mile. The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county. Coroners juries (with not more than three persons upon the jury) shall be entitled to receive for each days service two dollars, to be certified to the county clerk by the coroner and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner. |
Fees of grand or trial juror
Fees to be paid in advance in civil cases
Fees for jurors in justice court proceedings |
κ1933 Statutes of Nevada, Page 154 (CHAPTER 121, AB 215)κ
|
Fees for service on coroners juries
County clerk to keep record
Traveling expenses allowed, when
Witnesses or jurors in municipal court cases to be paid on order of judge |
two dollars, to be certified to the county clerk by the coroner and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner. Sec. 3. Section 3 of the above-entitled act, being paragraph 8492 N. C. L. 1929, is hereby amended to read as follows: Section 3. The county clerk in cases in the district court shall keep a pay roll, enrolling thereon all names of witnesses in criminal cases and of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of said trial or term of court shall forthwith give a statement of the amounts due to such witnesses or jurors, after the same has been duly approved by the district judge, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; and provided, that in criminal cases, where witnesses are subpenaed from without the county, or who, being residents of another state, voluntarily appear as witnesses, at the request of the district attorney and the board of county commissioners of the county in which the court is held, they shall be allowed their actual and necessary traveling expenses incurred by them in going to and returning from the place where the court is held, and such sum per diem, not exceeding three dollars, as may be fixed by the district judge, who shall certify the same to the county clerk for entry upon the pay roll hereinbefore required. Where criminal or quasicriminal cases originating in the municipal court of an incorporated town or city are brought before the district court, the county clerk shall give said statement of the amounts due to witnesses or jurors, in the manner and form as hereinbefore provided, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the treasurer of said town or city to pay the same, Upon the production of the order, or a certified copy thereof, the treasurer of said town or city shall pay the sum specified therein out of any fund in the town or city treasury not otherwise specially appropriated or set apart. It shall not be necessary for such order to be otherwise audited or approved. Sec. 4. All acts or parts of acts, either general or special, in conflict with the provisions of this act are hereby repealed. |
κ1933 Statutes of Nevada, Page 155 (CHAPTER 121, AB 215)κ
|
in conflict with the provisions of this act are hereby repealed. Sec. 5. This act shall take effect upon its passage and approval. |
Repeal In effect |
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[Assembly Bill No. 254Mr. Tandy]
Chap. 122An Act providing for a state board of control, defining their duties and powers, and repealing all acts in conflict therewith.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor, secretary of state, state controller, state treasurer and surveyor-general shall constitute a board of control. Sec. 2. The governor shall be chairman of said board, and in case of his absence a temporary chairman shall be chosen from among the members present. Three members of said board shall constitute a quorum for the transaction of all business, and shall determine all questions that may come before said board. The governors private secretary shall be clerk of said board and shall keep a complete and correct record of all the transactions of said board. Sec. 3. Said board shall have supervision over and control of the state capitol building, the capitol grounds and state waterworks, the state printing office building and grounds, and all other state buildings, grounds and properties not otherwise provided for by law. Sec. 4. Said board shall control the expenditure of all appropriations for furnishing, repairing and maintaining said buildings and grounds, offices and property connected therewith; for defraying all contingent expenses of all state and other offices about said buildings; for transportation of books and documents and for storage and transportation of state property. No officer or department shall expend more than fifty ($50) dollars without authorization therefor first obtained from the board of control; provided, that the provisions of this section shall not be deemed to apply to the University of Nevada, hospital for mental diseases, state orphans home, Nevada state prison, Nevada school of industry, the state highway department, nor the state printing department. Sec. 5. Said board shall have power to lease and equip office rooms outside of state buildings for the use of state officers whenever sufficient provision for such officers cannot be provided in the capitol building. |
Creating state board of control Governor to be chairman
Supervisory power of board
Board to control expenditures
Exceptions
Leasing powers of board |
κ1933 Statutes of Nevada, Page 156 (CHAPTER 122, AB 254)κ
|
May permit use of legislative chambers for public meetings
May authorize transfer of state property
May sell any personal or movable state property
To employ help and fix their compensation
To hold monthly meetings Repeal |
Sec. 6. Said board is authorized, in their discretion, to permit the use of the senate and assembly chambers in the capitol building, when not being used by the legislature, for any public meeting intended to promote the public welfare. Sec. 7. Said board may authorize the transfer of any property in any of the buildings under their control or offices therein, whenever the same is no longer needed in such building or office, to any other office or state institution, whether under the control of said board or not, where such property may be needed. Sec. 8. Said board may sell any personal or movable state property, or property which may have escheated to the state, in or about any of the buildings or offices under their control, whenever the same is no longer of use to any state institution and when in the judgment of the board it will be of advantage to the state to make such sale, after published advertisement thereof as may be ordered by said board, and a full and complete record of such sales shall be entered upon the minutes of such board, giving a description of the property sold, to whom, and the price obtained therefor. The clerk of said board shall, prior to the meeting of each regular session of the legislature, prepare a complete inventory of all property so sold, together with the price obtained therefor, and a copy of such inventory shall be furnished to the committee on ways and means of the senate and assembly. Sec. 9. Said board is authorized to employ an engineer, two janitors, one gardener and two watchmen, and fix their compensation; provided, that the watchmen whose duty it shall be to guard the vault of the state treasury shall be designated by the state treasurer. Said board is authorized to employ such additional assistance as necessity may require, and fix their compensation. Said employees shall perform such duties as said board may direct and be transferred from one branch of employment to another, and shall take care of all the buildings, grounds and offices under control of said board. Sec. 10. Said board shall hold monthly meetings and may be called in special session by the chairman or by two of its members. Sec. 11. That certain act entitled, An act providing for a state board of capitol commissioners, defining its duties and powers, and repealing of acts in conflict therewith, approved March 20, 1911, as amended, is hereby repealed. |
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κ1933 Statutes of Nevada, Page 157κ
|
[Assembly Bill No. 167Mr. Hamlin]
Chap. 123An Act to amend an act entitled An act relating to the national guard and the enrolled militia; to provide for the custody and care of the state armory building and grounds; to prevent the desecration of the flag of the United States and the flag of this state; providing penalties for the violation of the provisions hereof; repealing certain acts in conflict herewith, and other matters relating thereto, approved, March 27, 1929, as amended, Statutes 1931.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 69 of the above-entitled act is hereby amended to read as follows: Section 69. Service Medals. The state, through the adjutant general, shall adopt and provide service medals of appropriate design and material, to be issued for five, ten, fifteen, twenty, and twenty-five years of continuous service on the active list of the national guard; provided, that bars designating 100% yearly attendance shall also be issued officers and enlisted men entitled to the same. There shall be no other or different medals or bars for such service. Such medals or bars shall be prepared and issued free of cost to those entitled to same by the adjutant general only upon application of the party entitled thereto, and upon proof of such service from the records of the national guard. The state, through the adjutant general shall also adopt and provide, with the approval of the state board of military auditors, suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada state rifle association, and the cost thereof shall be paid from the fund appropriated for the support of the office of the adjutant general. Sec. 2. Section 78 of the above-entitled act is hereby amended to read as follows: Section 78. Bonds of Officers--Captain Ex Officio Company Treasurer. All officers of the national guard of Nevada must give such bonds and security as may be required, and within the time prescribed by the adjutant general, to secure the state for loss on account of the misuse or misapplication of any state or company property or funds or property of the United States in use by the state. Said bonds must be conditioned upon the faithful performance of all duties, and accounting for all property and moneys, including company funds, of which the commanding officer, who is ex officio treasurer, shall be custodian. |
State to adopt service medals for members of national guard
Bonds of officers; captain ex officio company treasurer |
κ1933 Statutes of Nevada, Page 158 (CHAPTER 123, AB 167)κ
|
Bonds of officers; how paid
Decorations and medals
Exemptions, etc. |
treasurer, shall be custodian. Where a bonding company is required or given as surety, the premium on all official military bonds shall be paid from the appropriation for the support of the national guard; provided, that the premium on the bond required to be furnished by any officer of the national guard of Nevada detailed or appointed to disburse United States funds may be paid to such officer upon proper claim from such military fund as the adjutant general may direct. The amounts of such bonds shall be as follows: The adjutant general in the sum of two thousand dollars, brigade quartermaster in the sum of two thousand dollars, regimental quartermaster in the sum of two thousand dollars, battalion quartermaster in the sum of one thousand dollars, commanding officers of regiments, naval militia, unattached battalions and squadrons in the sum of one thousand dollars, commanding officers of companies, troops, batteries in the sum of two thousand dollars; all other officers in the sum of five hundred dollars. Sec. 3. Section 86 of the above-entitled act is hereby amended to read as follows: Section 86. Decorations and Medals. The insignia of veterans service organizations, for service with the armies of the United States, medals presented by the United States or any of the several states, for actual field service, or for long, faithful and continuous service, either in the regular army or the national guard, or for marksmanship or 100% yearly attendance, may be worn by officers and men of the Nevada national guard entitled to the same, upon the breast in one line, on the dress or full dress uniform coat, the top of the ribbons or bars on a line with the armpit, from right to left, as prescribed in army regulations; provided, the adjutant general by appropriate order may sanction the wearing of ribbons, indicating such medals, in lieu thereof, and no other medals, badges, ribbons or decorations may be worn. Sec. 4. Section 87 of the above-entitled act is hereby amended to read as follows: Section 87. Exemptions, Etc. (1) All officers and enlisted men of the national guard who comply with all military duties, as provided by law and regulations, are entitled to the following privileges and exemptions, viz: exemption from jury duty, and service on any posse comitatus. All officers and enlisted men who have faithfully served in the military service of this state for a space of seven consecutive years, or eleven years not consecutive, and received the certificate of the adjutant general certifying the same, are thereafter exempted from further jury duty and military duty except in time of war. And the adjutant general must issue such certificate of exemption when it appears that the party applying is entitled to the same. |
κ1933 Statutes of Nevada, Page 159 (CHAPTER 123, AB 167)κ
|
such certificate of exemption when it appears that the party applying is entitled to the same. (2) Officers and enlisted men heretofore or hereafter honorably discharged or mustered out of the service by reason of the disbandment or consolidation of any organization, or by the provisions of any act of the legislature, shall be, and the same are hereby, entitled to all the privileges and exemptions mentioned in this section, upon making a proper application therefor; provided, they shall have served at least five years continuously in the national guard. (3) Former members of the national guard who have been honorably discharged for expiration of term of service or on account of removal and who have returned to the limits of their commands, and officers who have resigned, been honorably discharged, or whose terms have expired, who reenlist or reenter the national guard within ninety days from the date of their discharge or the expiration of their term of office will be given credit for continuous service and the enlistment considered consecutive. Sec. 5. Section 88 of the above-entitled act is hereby amended to read as follows: Section 88. Casualties in the National Guard, How Provided For. In all cases in which any officer or enlisted man of the national guard of the State of Nevada shall be wounded, injured, disabled or killed while in line of duty in the service of the state, such officer or enlisted man, or the dependents of such officer or enlisted man, shall be entitled to receive compensation from the State of Nevada in accordance with the provisions of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment. and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, 137, and amendments thereto; provided, that there shall be paid to the Nevada industrial commission quarterly, from the appropriation for the support of the national guard, such sum for premium as may be fixed and agreed upon by the commander-in-chief and the Nevada industrial commission, based upon the number of officers and enlisted men in regular attendance during the said month as shown by the reports filed with the adjutant general, who shall certify the same to said commission. In all such cases such officer or enlisted man shall be held and deemed to be an employee of the State of Nevada. The compensation to be awarded to any such officer or enlisted man, or to the dependents of any such officer or enlisted man, shall be ascertained, determined and fixed upon the basis of his average income from all sources during the year immediately preceding the date of such injury or death, or the commencement of such disability; provided, however, that such compensation shall in no case exceed the maximum prescribed in the said act approved. |
Privileges accorded members mustered out or honorably discharged
Continuous service, definition of
Casualties in the national guard, how provided for
State to pay premiums to Nevada industrial commission |
κ1933 Statutes of Nevada, Page 160 (CHAPTER 123, AB 167)κ
|
Members deemed employees of the State of Nevada
Governors military staff
Repeal
Repeal |
compensation to be awarded to any such officer or enlisted man, or to the dependents of any such officer or enlisted man, shall be ascertained, determined and fixed upon the basis of his average income from all sources during the year immediately preceding the date of such injury or death, or the commencement of such disability; provided, however, that such compensation shall in no case exceed the maximum prescribed in the said act approved. Sec. 6. Section 126 of the above-entitled act is hereby amended to read as follows: Section 126. Governors Military Staff. The military staff of the governor as commander-in-chief of the Nevada national guard shall consist of one adjutant general with the rank of brigadier general, who shall be chief of staff, and the chiefs of the several staff corps and departments of the national guard, who shall have the rank of colonel, and five personal aides-de-camp, whom the commander-in-chief may appoint and commission at discretion, and who shall have the rank of lieutenant colonel; two standard bearers, with the rank of master sergeant and a standard guard of four privates, first-class. The standard bearers and guard shall be appointed by general orders from active enlisted men of the Nevada national guard, or former members thereof who have been honorably discharged and shall have served for a period of two years, unless such appointment shall be revoked. The governor as commander-in-chief may also, in his discretion, appoint and commission as aides-de-camp, with the rank of lieutenant colonel, not to exceed five additional aides, as honorary members of his military staff, and such aides need not be citizens of the State of Nevada. The functions and duties of the commissioned officers and enlisted personnel of the state staff and state detachments of the Nevada national guard shall be as prescribed by the militia bureau of the war department; provided, that the several aides-de-camp, herein authorized to be appointed by the commander-in-chief, shall not be required to apply for federal recognition as commissioned officers in such grade, and shall hold office at the pleasure of the governor or until the expiration of his term of office; all other officers of the governors staff shall continue in their respective grades as provided in section 105 of this act. Sec. 7. Section 1, chapter 78, Statutes of 1925, of an act entitled An act relating to the office of adjutant general of the State of Nevada and repealing other acts in relation thereto, approved March 16, 1925; Section 1, chapter 42, Statutes of 1927, An act to amend an act entitled An act relating to the office of the adjutant general of the State of Nevada, and repealing all other acts in relation thereto, approved March 16, 1925, approved March 7, 1927; and
|
κ1933 Statutes of Nevada, Page 161 (CHAPTER 123, AB 167)κ
|
in relation thereto, approved March 16, 1925, approved March 7, 1927; and Section 127, chapter 153, Statutes 1929, and section 9, chapter 183, Statutes of 1931, and all other acts or parts of acts in conflict herewith, are hereby repealed. |
Repeal |
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[Assembly Bill No. 130Messrs. Malone and Brown]
Chap. 124An Act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith.
[Approved March 20, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a fund to be known as the bond trust fund. The purpose of this fund is to assure the State of Nevada and the several counties thereof against loss through defalcation, misappropriation of public funds or other wrongful acts of state or county officials, whose official duties have to do with the handling of public funds and who are required by law to furnish personal or surety bonds. Sec. 2. The state board of finance shall be charged with the administration of the bond trust fund, and shall have full power to invest any money in or belonging to said fund in bonds or treasury certificates of the United States, state bonds, or bonds of the counties of the State of Nevada. The board shall also have power and authority to sell any bonds belonging to said fund as occasion may require. All premiums hereinafter mentioned, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the board contemplated by this act, shall become and remain a part of said fund until it shall have reached the sum of five hundred thousand dollars. When bonds and/or money in this fund shall have reached the value of five hundred thousand dollars all interest and profits from same shall be distributed semiannually to the state general fund. Sec. 3. Every state and county official required by law in his official capacity to furnish surety bond, shall apply to the state board of examiners for surety. |
Creation of bond trust fund
State board of finance charged with administration of fund |
κ1933 Statutes of Nevada, Page 162 (CHAPTER 124, AB 130)κ
|
State and county to apply to board for surety
Premiums to be paid by state or county
State treasurer to keep special fund
Faith of state pledged
In cases of loss to state or county, attorney-general or district attorney to report to board |
to the state board of examiners for surety. If, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety, and shall serve all purposes of bonds required by statutes from state or county officials. Sec. 4. In the case of county officials each county shall pay from the county general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of state officials, the state shall pay, from the state general fund, into the state treasury, at the rate of five dollars per thousand annually, premiums on surety bonds issued to its officials. Sec. 5. The state treasurer shall keep a special fund of moneys and bonds received through the provisions of this act, to be known as the bond trust fund, and shall report in writing at least twice a year to the state board of finance the condition of said fund. Whenever there is sufficient money in said fund for investment, the said board shall proceed to invest the same as herein provided. Sec. 6. The faith of the state is pledged to the provisions of all surety bonds which may be issued or undertaken under this act, and in cases of loss to the state or county, under circumstances to which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond. Sec. 7. Losses to counties which might occur from defalcation, misappropriation or other wrongful act on the part of a county official, shall be reported by the district attorney of that county to the state board of examiners. In the case of the state, any losses shall be reported to said board by the attorney-general. In either case the state board of examiners shall require the state auditor to make a full investigation and render a written report, and if from such report the state board of examiners determines that the loss comes under the conditions of the surety bond, the board shall order that restitution be made in the following manner, to wit: If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on that fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay such warrant. In case there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take necessary steps to have it included in the budget, and report to the next succeeding legislature. |
κ1933 Statutes of Nevada, Page 163 (CHAPTER 124, AB 130)κ
|
then the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take necessary steps to have it included in the budget, and report to the next succeeding legislature. When the balance is thus secured the restitution shall be completed. Sec. 8. Surety bonds issued under the provisions of this act shall be understood to be conditioned to faithful performance of duty, and to assurance against losses through misappropriation or defalcation in breach of trust or misconduct. But they shall not apply to losses resulting from acts of God or nature, fire, burglary, holdup, or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care. Sec. 9. The state board of examiners shall keep an accurate record of all surety bonds issued, and cause them to be filed with the county clerks of the respective counties of county officials, and with the secretary of state for state officials, together with a complete financial statement of applicant. These statements shall be filed by officials when application is made for surety and shall be renewed on or about the first day of January of each year. Sec. 10. If any official shall default, misappropriate, or otherwise be responsible for loss of funds committed to his care, he shall be civilly liable for the amount thereof in an action to be prosecuted by the district attorneys in cases of county officials, and by the attorney-general in cases of state officials, and the state or the county, as the case may be, shall have a lien on all real or personal property, not exempt from execution, of any such official against whom such an action shall be brought for default, misappropriation or other violation of the conditions of his surety bond given under the provisions of this act, and such lien shall become effective upon the execution of such surety bonds by said state and county officials and shall take precedence over any other unrecorded lien or encumbrance. Upon judgment being entered in favor of the state or county, all property owned, either legally or equitably, by the state or county official violating any condition of such bonds, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold as in cases of execution and the proceeds applied to payment of the judgment rendered to cover the shortage, and if there be insufficient of such property, or the judgment, or any part of it, remains unsatisfied, then a deficiency judgment may be entered by the court. |
Surety bonds not to apply to losses resulting from acts of God, nature, fire, holdup, etc.
State board of examiners to keep record
Officials responsible for loss of funds committed to their care; civilly liable |
κ1933 Statutes of Nevada, Page 164 (CHAPTER 124, AB 130)κ
|
State board of examiners may revoke bonds of officials, when
Bond trust fund to be segregated from all other funds
Repeal
In effect |
Sec. 11. The state board of examiners may revoke the surety bond of any official if, after due investigation, such official is found to be addicted to excessive drinking of intoxicants or to the use of narcotics. The surety bonds may also be revoked on the conviction of an official for gross misdemeanor or any more serious crime. They may also be revoked for legally established insanity. Any official whose bond may have been revoked shall not again be granted a surety bond under the provisions of this act, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners. Sec. 12. The bond trust fund shall be segregated from any and all other state funds, and shall be administered and used only as herein provided, and the state shall in no way be held responsible or liable for any illegal or wrongful act of any official except as provided in this act. Sec. 13. All acts and/or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 14. This act shall take effect on and after its passage and approval. |
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|
Legislative appropriation, $5,000
Controller to draw warrant
Residue to revert
In effect |
[Senate Bill No. 197Committee on Ways and Means]
Chap. 125An Act to create an additional legislative fund.
[Approved March 16, 1933]
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, an additional sum of five thousand dollars ($5,000), which shall constitute an additional 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 allowance, 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 the 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 shall be in full force and effect immediately on its passage and approval. |
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κ1933 Statutes of Nevada, Page 165κ
|
[Senate Bill No. 200Senator Branson]
Chap. 126An Act fixing the salary of the judge of the Seventh judicial district of the State of Nevada.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, 1935, the salary of the district judge of the Seventh judicial district of the State of Nevada, comprising the county of White Pine, shall be five thousand ($5,000) dollars per annum, payable in twelve equal monthly installments at the same time and in the same manner that the salaries of other district judges of the State of Nevada are paid. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
Salary of judge of White Pine County
Repeal |
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|
[Assembly Bill No. 207Mr. Carroll]
Chap. 127An Act to amend section 49 of an act entitled An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty, approved March 9, 1866.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 49 of the above-entitled act, being paragraph 4813 N. C. L. 1929, is hereby amended to read as follows: Section 49. When any vacancy shall exist or occur in any county or township office, except the office of district judge, the board of county commissioners shall appoint some suitable person to fill such vacancy until the next ensuing biennial or general election. Sec. 2. This act shall become effective upon its passage and approval. |
County commissioners to appoint when vacancy exists
In effect |
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|
[Senate Bill No. 164Committee on Ways and Means]
Chap. 128An Act for the relief of J. E. Walsh.
[Approved March 22, 1933]
Whereas, Judge J. E. Walsh, judge of the Fifth judicial district, has necessarily expended in the performance of the duties of his office the sum of $558.60, |
Preamble |
κ1933 Statutes of Nevada, Page 166 (CHAPTER 128, SB 164)κ
|
Preamble
Relief of J. E. Walsh
In effect |
duties of his office the sum of $558.60, up to and including January 14, 1933; and Whereas, Said claim is a just claim against the State of Nevada, and there is not now available in the proper fund money for the payment of said claim; and Whereas, The said claim has been heretofore examined and approved by the state board of examiners; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of $558.60 is hereby appropriated out of any money in the general fund of the state treasury not otherwise appropriated for the payment of the above claim, and the state controller is hereby directed to draw his warrant in favor of the following person, J. E. Walsh, for said sum. Sec. 2. This act shall become effective from and after its passage and approval. |
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Preamble
Relief of G. A. Ballard and J. E. Walsh |
[Senate Bill No. 163Committee on Ways and Means]
Chap. 129An Act for the relief of G. A. Ballard and J. E. Walsh.
[Approved March 22, 1933]
Whereas, Judge G. A. Ballard, formerly judge of the First judicial district of the State of Nevada, and Judge J. E. Walsh of the Seventh judicial district have necessarily expended in the performance of the duties of their respective offices the following sums of money, to wit: G. A. Ballard..................................................................................... $167.95 J. E. Walsh........................................................................................ 139.30 making a total of........................................................................................... $307.25
Whereas, Said claims are just claims against the State of Nevada, and there is not now available in the proper fund money for the payment of said claims; and Whereas, The said claims have been heretofore examined and approved by the state board of examiners; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of $307.25 is hereby appropriated out of any money in the general fund of the state treasury not otherwise appropriated for the payment of the above claims, and the state controller is hereby directed to draw his warrants in favor of the following persons in the amount set after their respective names, and the state treasurer is directed to pay the same: |
κ1933 Statutes of Nevada, Page 167 (CHAPTER 129, SB 163)κ
|
set after their respective names, and the state treasurer is directed to pay the same:
G. A. Ballard..................................................................................... $167.95 J. E. Walsh........................................................................................ 139.30
Sec. 2. This act shall become effective from and after its passage and approval. |
In effect |
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[Senate Bill No. 181Senator Tobin]
Chap. 130An Act providing for the organization of public cemetery districts, providing for the management thereof, making an appropriation therefor, and other matters properly relating thereto.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a board of county commissioners shall receive the petition of a majority of the electors enumerated upon the registration list as residing within a district in such county, definitely described in such petition, requesting that the said district be organized as a public cemetery district, they shall organize such public cemetery district as provided in this act. Sec. 2. Such public cemetery district shall be managed by three trustees, appointed by the board of county commissioners from the electors residing therein; but if a majority of the resident electors shall, in their petition, designate the names of the trustees whom they shall desire to be appointed, the board of county commissioners shall appoint for the first term the persons so named. The trustees shall hold office for two years, and their successors shall be appointed in the same manner as other appointments are made by said board. Sec. 3. Such cemetery trustees shall maintain a cemetery for the use of all inhabitants of the district, and for that purpose shall be capable of holding title to property in trust for the district, taking property by grant, gift, devise or any other method, and doing all acts necessary or proper for managing the affairs of the district, including the selling or leasing of burial lots. Sec. 4. The said cemetery trustees may annually certify to the board of county commissioners the amount of money necessary to be raised by taxation for maintaining the cemetery of the district, and the board of county commissioners may thereupon include in the annual tax levy a tax upon all the property within such cemetery district, sufficient to raise the amount demanded by the trustees, but not exceeding two mills on each dollar of assessed valuation within the district. |
Public cemetery district
Three trustees to manage
Duties of trustees
To report annually to county commissioners |
κ1933 Statutes of Nevada, Page 168 (CHAPTER 130, SB 181)κ
|
Tax to be paid into county treasury
What report shall contain
Trustees to formulate rules
In effect |
raise the amount demanded by the trustees, but not exceeding two mills on each dollar of assessed valuation within the district. Sec. 5. The tax so collected, together with all other moneys received by the trustees, shall be paid into the county treasury, and constitute a separate fund to be expended solely for the purposes of the cemetery district upon warrants signed by not less than two of the cemetery trustees. Sec. 6. The trustees shall, as soon after the first day of July in each year as is practicable, file with the board of county commissioners a report, setting forth all their doings during the preceding year, and containing an itemized account of all their receipts and disbursements up to and including the thirtieth day of June, together with proper vouchers therefor. Sec. 7. The trustees shall make proper rules and regulations for the management of the cemeteries under their control, and all laws now in existence relating to cemeteries, and not inconsistent with this act shall apply to the cemeteries provided for in this act. Sec. 8. This act shall become effective from and after its passage and approval. |
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State board of charities and public welfare |
[Senate Bill No. 112Senator Henderson]
Chap. 131An Act providing for the creation and appointment by the governor of a state board of charities and public welfare; defining the powers and duties of said board; and authorizing, in counties where the state board deems advisable, the appointment of county boards of charities and public welfare and defining their powers and duties, and other matters relating thereto.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be appointed by the governor seven (7) persons who shall be styled The State Board of Charities and Public Welfare, hereinafter designated as The Board; provided, that the personnel of said board shall at all times include one woman. Within thirty days after the passage and approval of this act all members of such board shall be appointed by the governor; three for the term of two years; two for the term of four years; and two for the term of six years, and thereafter the terms shall be six years for all. The members of the board shall serve without pay. |
κ1933 Statutes of Nevada, Page 169 (CHAPTER 131, SB 112)κ
|
Sec. 2. The board shall elect its own officers. Board meetings shall be held at least quarterly and at such other times as deemed necessary by the chairman. The board shall make such other rules and orders for the regulation of its own proceedings as it deems proper. Sec. 3. The board shall have the following powers and duties, to wit: (1) To make available to the several counties of the state, at such times and in such amounts as are needed, funds supplied the board by the state and federal governments for the relief of destitution, and for the purchase of supplies and materials to be used for the work relief projects. (2) To enter into contracts, on behalf of the state, with boards of county commissioners of the several counties for the purpose of securing the repayment with interest of federal and state moneys advanced to said counties for the relief of destitution, and for the purchase of supplies and materials used in connection with work relief projects. (3) To supervise the administration of poor relief, as provided in sections 5137 to 5150, inclusive, Nevada Compiled Laws 1929, within the several counties of the state; to correlate the distribution of poor relief as therein provided with local private philanthropies, and to supervise and make such rules and regulations as may be necessary for the judicious and equitable administration of any funds made available by the state or federal government, or from other sources, for persons who are poor or distressed by reason of disease, infirmity, unemployment or other cause. (4) To supervise within the several counties of the state the administration of mothers pensions as set forth in sections 5100 to 5108, inclusive, Nevada Compiled Laws 1929, and old age pensions as set forth in sections 5109 to 5136, inclusive, Nevada Compiled Laws 1929, within the law and subject to the orders of the county commissioners, and to correlate the administration of such pensions with the poor relief, private philanthropies and any other funds made available for relief of poor or distressed persons as set forth in (1) above. (5) To stimulate the activities of the county probation committee, as provided in section 1016 Nevada Compiled Laws 1929, and to utilize such committee wherever feasible in rendering more effective the program of relief of destitution and promotion of public welfare, as provided in this act. (6) To formulate such plans as may seem socially expedient for the care of vagrant and nonresident transients and wandering unemployed persons who shall fall into distress within the boundaries of the state, to cooperate with and act as agent for any federal agency that shall be concerned with the judicious handling of this problem, and to supervise the administration of any and all funds made available by the state or federal government for relief of such persons. |
Shall elect its own officers
Powers and duties of the board |
κ1933 Statutes of Nevada, Page 170 (CHAPTER 131, SB 112)κ
|
Shall appoint members of county boards
Board to make biennial report
In effect |
administration of any and all funds made available by the state or federal government for relief of such persons. Sec. 4. The state board of charities and public welfare shall appoint in each county in which it deems advisable, five persons, at least one of whom shall be a woman, to be known as The County Board of Charities and Public Welfare, whose duties shall be to advise with and assist the state board with the work in the county, to make such visitations and report to the county and municipal authorities in dealing with questions of dependency and distribution of poor funds, to act as agent for the state board in the distribution and administration of any such state or federal funds for relief purposes as the state committee shall have placed at its disposal for expenditure in such county, and to cooperate with the county probation committee as provided for in section 1016, Nevada Compiled Laws 1929, to the end that family life and public welfare within the county shall be maintained at a high level. Sec. 5. The state board shall biennially prepare and submit to the governor a complete and full report of its activities during the preceding two years, together with such suggestions as it may deem necessary and pertinent, and shall report such other matters as it may think are for the benefit of the people of the state. Sec. 6. This act shall become effective from and after its passage and approval. |
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Bond issue for relief work |
[Senate Bill No. 111Senator Henderson]
Chap. 132An Act authorizing and directing the board of examiners to issue and sell bonds to provide money to pay the cost of the operation and requirements of The State Board of Charities and Public Welfare, in cooperation with the federal government, providing for the distribution of the funds derived from the sale of said bonds, and other matters relating thereto.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing money to be used in paying the cost for direct relief, work relief, purchase of supplies and material for work relief, under the provisions of that certain act of the legislature of the State of Nevada entitled An act providing for the creation and appointment by the governor of a state board of charities and public welfare; defining the powers and duties of said board; and authorizing, in counties where the state board deems advisable, the appointment of county boards of charities and public welfare and defining their powers and duties, and other matters relating thereto, approved |
κ1933 Statutes of Nevada, Page 171 (CHAPTER 132, SB 111)κ
|
deems advisable, the appointment of county boards of charities and public welfare and defining their powers and duties, and other matters relating thereto, approved .., 1933, being senate bill 112, in cooperation with the federal government, a loan of $100,000 is hereby authorized to be negotiated upon the faith and credit of the State of Nevada. Sec. 2. The board of examiners is hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of one hundred thousand dollars ($100,000). Said bonds shall be in denominations of one thousand dollars ($1,000) each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of issuance. Said bonds shall be signed by the governor and indorsed by the state treasurer and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of not to exceed four and one-fourth per cent per annum, payable semiannually, and shall be redeemed within ten years from the date of issuance. Sec. 3. On the first day of July, 1935, and annually thereafter until and including the first day of July, 1945, ten of said bonds, together with the interest thereon, shall be paid and redeemed by the State of Nevada. Sec. 4. The said bonds shall be sold by the said board of examiners for the purposes designated in this act. All moneys derived from the sale of such bonds shall be paid to the state treasurer and by him deposited in The State Board of Charities and Public Welfare Fund. Sec. 5. The said bonds shall be issued and sold by said board of examiners at such times and in such amounts as may be found necessary by said board for the purpose of carrying out the provisions of this act. Sec. 6. The proceeds from said bonds shall be used for the purpose of direct relief, work relief, purchase of supplies, and material for work relief, in the various counties of this state, in cooperation with the federal government. The state board of examiners shall from time to time, as the necessity therefor arises, supply to the boards of county commissioners of the various counties of this state such sums of money from the fund hereby created as may be deemed commensurate with the demands of the particular county, and the exigency of the situation, as the board shall deem proper. The said funds to be used by the said county commissioners for the purposes of direct relief, work relief, purchase of supplies and material for work relief only. Sec. 7. The county commissioners of the various counties of this state receiving any funds from the board of examiners as provided by the terms of this act shall make provision for the repayment thereof by levy of a tax therefor as provided by the general laws of the State of Nevada in such cases. |
State board of examiners to prepare and issue
Time for redemption
Money derived to be placed in public welfare fund
Bonds to be sold as funds are needed
Purposes of fund
Counties to repay state |
κ1933 Statutes of Nevada, Page 172 (CHAPTER 132, SB 111)κ
|
Tax levy to pay interest and redeem bonds
Faith of the state pledged
Counties not participating to receive tax refund
In effect |
as provided by the general laws of the State of Nevada in such cases. Sec. 8. For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, there is hereby levied for the years 1933 and 1934 a special ad valorem tax of eight mills on each one hundred dollars ($100) assessed valuation, including the proceeds of mines, and annually thereafter a special ad valorem tax for such amount as shall be necessary or sufficient to pay interest semiannually as it shall accrue on each and every bond issued under the provisions of this act, and also to pay and discharge the principal of such bond at par value as such bonds respectively fall due; said ad valorem tax shall be levied on the assessed value of all property, both real and personal, including proceeds of mines, within the State of Nevada, until the said bonds with interest shall have been fully paid. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the state treasurer in a special fund to be known as The State Board of Charities and Public Welfare Fund, and the respective amounts of such ad valorem tax are hereby appropriated for that specific purpose; provided, however, that any moneys in The State Board of Charities and Public Welfare Fund shall first be appropriated and used for the purpose of paying and discharging annually the principal and interest on such bonded indebtedness then due and payable; and provided further; that no such ad valorem tax shall be so levied for any year in which a sufficient amount of money from other sources of revenue has been appropriated and set apart to pay the interest as it shall accrue on said bonds for that year, and also to pay and discharge the principal of any of said bonds falling due during such year. Sec. 9. 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 provided. Sec. 10. The counties which are nonparticipants and do not use any of the proceeds of the bond issue herein provided for shall have refunded to them annually the amounts contributed by them by reason of the levy provided for in this act, and the surplus, if any, shall be refunded to the participating counties in proportion to their respective contributions, to the extent of such contributions and no more. Sec. 11. This act shall become effective from and after its passage and approval. |
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κ1933 Statutes of Nevada, Page 173κ
|
[Assembly Bill No. 159Mr. Brown]
Chap. 133An Act to amend section 97 of an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 97 of the above-entitled act, being paragraph 8595 N. C. L. 1929, is hereby amended to read as follows: Section 97. The plaintiff may unite several causes of action in the same complaint, when they all arise out of: 1. Contracts, express or implied; or 2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; or 3. Claims to recover specific personal property, with or without damages, for the withholding thereof; or 4. Claims against a trustee, by virtue of a contract, or by operation of law; or 5. Injuries to character; or 6. Injuries to person; or 7. Injuries to property; or 8. Claims arising out of the same transaction; or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section; or 9. Any and all claims for injuries arising out of a conspiracy, whether of the same or of different character, or done at the same or different times. 10. The State of Nevada may in the same complaint unite several causes of action for demands for delinquent taxes existing against the same person or persons, partnership or corporation, whether said taxes are payable yearly or quarterly. The causes of actions so united shall all belong to only one of these classes and shall affect all the parties to the action, and not require different places of trial, and shall be separately stated; provided, however, that an action for malicious arrest and prosecution, or either of them, may be united with an action for either injury to character or to the person; provided, however, that in any action brought by the husband to recover damages caused by any injury to the wife, all consequential damages suffered or sustained by the husband alone, including loss of the services of his said wife, moneys expended and indebtedness incurred by reason of such injury to his said wife, may be alleged and recovered without separately stating such cause of action arising out of such consequential damages suffered or sustained by the husband; provided, further, that causes of action for injuries to person and injuries to property, growing out of the same tort, may be joined in the same complaint, and it is not required that they be stated separately. |
Causes of action may be united in one complaint |
κ1933 Statutes of Nevada, Page 174 (CHAPTER 133, AB 159)κ
|
In effect |
alleged and recovered without separately stating such cause of action arising out of such consequential damages suffered or sustained by the husband; provided, further, that causes of action for injuries to person and injuries to property, growing out of the same tort, may be joined in the same complaint, and it is not required that they be stated separately. Sec. 2. This act shall become effective from and after its passage and approval. |
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Summons by publication
To apply to all civil actions |
[Assembly Bill No. 218Mr. Brown]
Chap. 134An Act to amend section 84 of An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 84 of the above-entitled act, being paragraph 8582 N. C. L. 1929, as amended is hereby amended to read as follows: Section 84. When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court or judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of the summons. Provided, When said affidavit is based on the fact that the party on whom service is to be made resides out of the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to affiant when such party so resided there); that such place is the last place in which such party resided to the knowledge of affiant; that such party no longer resides at such place; that affiant does not know the present place of residence of such party or where such party can be found; and that affiant does not know and has never been informed and has no reason to believe that such party now resides in this state; and, in such case, it shall be presumed that such party still resides and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. |
κ1933 Statutes of Nevada, Page 175 (CHAPTER 134, AB 218)κ
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and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This section shall apply to all manner of civil actions, including those for divorce. |
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[Assembly Bill No. 252Mr. Carroll]
Chap. 135An Act to amend section 1 of an act entitled An act to regulate the sale of intoxicating liquors outside of the corporate limits of any incorporated city or town; creating a liquor board in the several counties of this state; prescribing the duties and declaring the powers of such board, approved March 24, 1917.
[Approved March 22, 1933]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being paragraph 3681 N. C. L., is hereby amended to read as follows: Section 1. The board of county commissioners, the district attorney, and the sheriff in each of the several counties in this state are hereby authorized, empowered and commissioned, for the purposes of this act, to act jointly (without further compensation) as a liquor board, to grant or refuse liquor licenses, and to revoke the same whenever there is, in the judgment of a majority of such board, sufficient reason for such revocation. It is hereby declared to be the power and duty of the liquor board in each of the several counties of the state to enact ordinances regulating the sale of intoxicating liquors or beer, wines or other beverages now or hereafter authorized to be sold by act of Congress, in their respective counties; fixing the hours of each day during which liquor may be sold or disposed of; prescribing the conditions under which liquor may be sold or disposed of; prohibiting the employment or service of females or minors in the sale or disposition of liquor; and prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained; provided, all liquor dealers within any incorporated city or town are to be exempt from the force and effect of this act, and are to be regulated only by the city government therein. Sec. 2. This act shall become effective immediately upon its passage and approval. |
Creation of liquor board and duties thereof
In effect |
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κ1933 Statutes of Nevada, Page 176κ
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Preamble
Appropriations for deficiencies
In effect |
[Senate Bill No. 128Committee on Ways and Means]
Chap. 136An Act to provide for the payment of deficiencies in the state prison fund accruing during the years 1931 and 1932.
[Approved March 22, 1933]
Whereas, During the years 1931 and 1932 the appropriations for the state prison, and for the support of the license manufacturing department of the Nevada state prison, were found inadequate to meet the expenses necessary to properly maintain the departments mentioned; and Whereas, The warden of the Nevada state prison did present such conditions to the attention of the state board of examiners, as provided by law; and Whereas, Upon such presentation it was ascertained that it was necessary for the said warden to transfer from the general support fund of said institutions the sum of $7,429.39, in order to carry out the purpose of manufacturing said license plates, as provided by law, and it further appearing that on account of the depreciation of receipts from federal prisoners and the increasing costs of maintenance, that the general support fund of said institution was deficient in the sum of $20,000; and Whereas, Upon presentation to the state board of examiners, in accordance with law, did declare an extreme emergency to exist relative to the above-named appropriations; and by unanimous resolution did authorize such deficiencies as follows: Amount transferred to motor vehicle license department $7,429.39, and to the general support fund for the state prison in the amount of $20,000; and Whereas, By authority of such deficiency resolutions, claims were contracted by the said department for the sums above-named, aggregating $27,429.39; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-seven thousand four hundred twenty-nine dollars and thirty-nine cents ($27,429.39) 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 warrants for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrants covering said amount, and the state treasurer is directed to pay the same. Sec. 2. This act shall become effective from and after its passage and approval. |
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