[Rev. 3/1/2019 4:59:07 PM]
LAWS OF THE STATE OF NEVADA
κ1949 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FORTY-FOURTH SESSION OF THE LEGISLATURE
1949
________
Senate Bill No. 3Committee on Finance.
CHAPTER 1
AN ACT to create a legislative fund.
[Approved January 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1949 Nevada 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 appropriated, the sum of one hundred thousand dollars ($100,000), 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 the same.
Sec. 3. All moneys remaining in said fund on June 30, 1950, shall revert to the general fund.
Sec. 4. This act shall become effective immediately after its passage and approval.
________
Senate Bill No. 1Committee on Rules.
CHAPTER 2
AN ACT to amend An act to establish a state printing office, and to create the office of superintendent of state printing, approved March 11, 1879, as amended.
[Approved January 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 18 of the above-entitled act, being chapter 11, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 2 (CHAPTER 2, SB 1)κ
Section 18. The secretary of state shall furnish to the superintendent of state printing, as soon as may be, and within three days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions and memorials passed at such session, and the superintendent of state printing shall print the number of copies as herein provided, and furnish printed sheets thereof to the attorney general, who shall, immediately upon the close of such session, make out and deliver to the superintendent of state printing an index of the same, and the superintendent of state printing shall, immediately upon the close of such session, print the said index and bind it in connection with the laws.
The superintendent of state printing shall also furnish to each member of the senate and assembly, for distribution among their constituents, fifteen copies of the printed sheets of each act as printed, or if more than one act is printed at one time, then copies of the printed sheets of such series of acts. He shall also distribute one copy of said act or acts to each county clerk, county auditor, district judge, district attorney, and justice of the peace in the state.
Sec. 2. Section 20 of the above-entitled act, being section 7483, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 20. The superintendent of state printing is hereby authorized to set the style and form of the printing of the statutes of Nevada. In printing the section or part of the law re-enacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type, the words, phrases, or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and he shall cause to be printed in italics all new words, phrases, or provisions, if any, which have been inserted into or added to the law by the passage of such amendment. In ascertaining the correct reading, status, and interpretation of an amendatory law, the matter inserted within brackets or in strike-out type, shall be omitted, and the matter in italics shall be read and interpreted as part of the law.
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 immediately after its passage and approval.
________
Senate Bill No. 2Committee on Rules.
CHAPTER 3
AN ACT providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto, and repealing a certain act and parts of acts in conflict therewith.
[Approved January 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state printer shall print as many copies of every bill and resolution introduced in either house in the legislature as shall be authorized by the secretary of the Senate and the chief clerk of the Assembly, and in printing such bills and resolutions the state printer is hereby authorized to set the style and form of the printing, to correct in the copy furnished him all errors in spelling or punctuation, and to supply the enacting clause, if omitted; provided, that no change shall be made by the state printer which shall in any way vary the apparent meaning of said bill or resolution.
κ1949 Statutes of Nevada, Page 3 (CHAPTER 3, SB 2)κ
be authorized by the secretary of the Senate and the chief clerk of the Assembly, and in printing such bills and resolutions the state printer is hereby authorized to set the style and form of the printing, to correct in the copy furnished him all errors in spelling or punctuation, and to supply the enacting clause, if omitted; provided, that no change shall be made by the state printer which shall in any way vary the apparent meaning of said bill or resolution.
Sec. 2. All bills and resolutions shall be introduced in triplicate, and one copy of each bill or resolution shall be marked original; and one shall be marked duplicate; and one shall be marked triplicate. The copy marked duplicate shall be sent to the state printer for the purpose of printing, and the copy marked triplicate shall be referred to the engrossing committee of the house in which such bill or resolution was introduced.
Sec. 3. The state printer shall immediately after receipt of the copy of any bill or resolution print, in addition to the regular number hereinbefore authorized, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the state or the chief clerk of the assembly. Before third reading and final passage of the bill or resolution, the engrossing committee of the house in which the bill or resolution originated shall carefully compare the printed or reprinted copy of said bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and if said printed or reprinted copy is found to be in all respects correct, the chairman of the engrossing committee shall then certify to the correctness of said bound copy, and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon said bound copy, printed upon buff paper so compared and certified to, shall be ready for third reading and final passage.
Sec. 4. Bills to amend existing statutes shall contain reference to paragraphs of Nevada Compiled Laws of 1929, with supplements, or to chapters and pages of subsequent statutes, in the body of the bill rather than the title. New matter shall be indicated by underscoring in the typewritten copy, and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten copy, and brackets or strike-out type in the printed copy.
Sec. 5. All bills amended by either house shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten copy, and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten copy, and brackets or strike-out type in the printed copy. When a bill is amended in either house, the first or previous markings shall be omitted. However, in the cases of bills over thirty-two (32) pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent, or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.
κ1949 Statutes of Nevada, Page 4 (CHAPTER 3, SB 2)κ
amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.
Sec. 6. Whenever a bill or resolution which shall have been passed in one house shall be amended in the other, it shall immediately be reprinted as amended by the house making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended, and endorsed adopted and such amendment or amendments, if concurred in by the house in which such bill or resolution originated, shall be endorsed concurred in and such endorsement shall be signed by the secretary of the senate or the chief clerk of the assembly as the case may be. However, in the cases of bills over thirty-two (32) pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent, or significance of a bill, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the house in which the bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the buff copy of the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the secretary of the senate or the chief clerk of the assembly as the case may be.
Sec. 7. When any bill or resolution is passed by both houses, the secretary of the senate or the chief clerk of the assembly shall immediately transmit the same to the chairman of the enrolling committee of such house to be enrolled, and shall take his receipt therefor. Such receipt shall bear the date of delivery and shall give the bill or resolution number. The fact that such bill or resolution was received by such chairman shall be noted as a part of the history of such bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the governor, as provided by this act (in all cases where it is required to be so delivered), the fact of such delivery and the date thereof shall also be noted, over the signature of the chairman of such committee, as a part of the history of such bill or resolution.
Sec. 8. The chairman of the enrolling committee shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the state printer, taking his receipt therefor, which receipt shall be in duplicate, the original to be retained by the chairman and the duplicate by the state printer. Such receipt shall bear the date of delivery, and give the bill or resolution number. The state printer shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the state printer in cooperation with the chairman of the enrolling committee shall cause to be printed between brackets, the words, phrases, or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and they shall cause to be printed in italics all new words, phrases, or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
κ1949 Statutes of Nevada, Page 5 (CHAPTER 3, SB 2)κ
cause to be printed between brackets, the words, phrases, or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and they shall cause to be printed in italics all new words, phrases, or provisions, if any, which have been inserted into or added to the law by the passage of such amendment. In ascertaining the correct reading, status, and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the state printer shall deliver the enrolled copy of the bill or resolution to the chairman of the enrolling committee. The chairman and the enrolling clerks shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the enrolling committee shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 9. Every bill and joint resolution passed by both houses shall be signed, after enrollment, by the respective presiding officers thereof and by the secretary of the senate and chief clerk of the assembly.
Sec. 10. The official engrossed bill shall be delivered to the secretary of state by the chairman of the enrolling committee of the house wherein such bill or joint resolution originated, or by such person as he shall in writing designate.
Sec. 11. The enrolled bill or resolution shall be delivered by the chairman of the enrolling committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, to the governor for his action, who may authorize his secretary of legal counsel to receive and receipt for same in his name; provided, that joint resolutions proposing an amendment to the constitution of the State of Nevada shall not be presented to the governor for approval and signature, but shall be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he shall designate in writing. The secretary of state shall cause such enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver the same to the presiding officer of the house in which such proposed amendment originated, at the next ensuing session of the legislature. Such enrolled resolution accompanied by the engrossed copy thereof shall thereupon be laid before the house for action, and if approved by two-thirds of the members elected thereto, shall again be deposited with and filed by the secretary of state that the same may be placed upon the ballot at the next ensuing general election.
Sec. 12. The history of the joint resolution containing a notation that the same has been returned to the house of its origin by the secretary of state shall be noted on the engrossed copy of said resolution, and shall likewise appear upon the enrolled copy thereof. The enrolled copy shall bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which said proposed amendment to the constitution shall have been considered.
κ1949 Statutes of Nevada, Page 6 (CHAPTER 3, SB 2)κ
and secretary and clerk of the respective houses for both sessions of the legislature at which said proposed amendment to the constitution shall have been considered. The secretary of state shall cause said proposed amendment or amendments to the constitution to be published in the printed volume of the statutes for each year, when it or they shall have been considered by the legislature.
Sec. 13. The governors secretary or other person duly authorized shall endorse by stamp, on the back of said enrolled copy of such bill or joint resolution, over his signature, from whom and which house received, the date and hour of receipt, number of pages comprising same, and compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, and which shall not exceed the constitutional limit for such action. Within such time limit the bill or joint resolution shall, if approved, be signed by the governor immediately after the signatures of the officials of both houses as follows: State of Nevada, Executive Department, Approved........................a. m..................p. m..................... (month) ................... (day) ................ (year) ...........................(Governor. Immediately following such approval, without alteration or correction, the bill or joint resolution shall be deposited with the secretary of state, who shall endorse on the back thereof, following the endorsement of the secretary to the governor: Received and filed .(hour) (Month) .(day) (year) Secretary of State.
Sec. 14. The secretary of state, or such deputy or clerk as he shall designate in writing, shall receipt to the governor for all bills and joint resolutions received, noting the number of such bill or resolution, the house wherein the same originated, the number of pages contained therein, and the hour and date received, and such receipt shall be retained in the governors office for at least six years.
Sec. 15. If the governor does not approve any bill or joint resolution within five days, Sundays excepted, after it shall have been presented to him, it shall become a law without his signature, unless he shall have returned it to the house in which it originated, with his objections thereto, and which shall be entered in its journal. Such house shall thereupon proceed to reconsider such vetoed bill or joint resolution, and if thereafter it shall again pass both houses by a two-thirds vote of the members elected to each house, it shall become a law notwithstanding the objections of the governor, and shall be delivered by the chairman of the enrolling committee directly to the secretary of state for filing, and who shall receipt to such chairman therefor.
Sec. 16. If the legislature shall, by its final adjournment, prevent the return of a bill or joint resolution within five days after delivery to the governor, Sundays excepted, it shall become a law without his signature, unless within ten days next after the adjournment, Sundays excepted, he shall file such bill with his objections thereto with the secretary of state, who shall lay the same before the legislature at its next regular session in like manner as if it had been returned by the governor directly to the house in which it originated; and if such bill or joint resolution shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law, and shall be delivered by the chairman of the enrolling committee directly to the secretary of state for filing, and who shall receipt to such chairman therefor.
κ1949 Statutes of Nevada, Page 7 (CHAPTER 3, SB 2)κ
if such bill or joint resolution shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law, and shall be delivered by the chairman of the enrolling committee directly to the secretary of state for filing, and who shall receipt to such chairman therefor.
Sec. 17. Each house shall cause to be printed once every legislative day, during the session, a complete history of all bills, joint, concurrent, and house resolutions, originating in or acted upon by the respective houses. Such history shall show the action taken upon each measure up to and including the legislative day preceding its issuance. A daily file of bills ready for consideration shall be printed each legislative day for each house, along with the daily history. The secretary of the senate and chief clerk of the assembly shall determine the form and the number of copies for their respective houses.
Sec. 18. Upon the final adjournment of the legislature, one of the final copies of the daily history of bills for each house shall be authenticated by the presiding officer and secretary or chief clerk as the case may be, and such final copies shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official histories of bills of both houses of the legislature.
Sec. 19. All legislative bills and resolutions deposited with the secretary of state after approval by the governor shall be bound in a substantial volume as now provided by law, together with an index thereof.
Sec. 20. An act entitled An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto, approved January 27, 1915, as amended, and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 21. This act shall become effective immediately after its passage and approval.
________
Senate Bill No. 26Joint Committees on Livestock and Finance.
CHAPTER 4
AN ACT authorizing and directing the state department of agriculture to expend money for the purpose of meeting the existing emergency in the livestock industry; providing the powers and duties of such department; creating a revolving fund therefor by transfer from stock and sheep inspection funds; and other matters properly relating thereto.
[Approved February 1, 1949]
Whereas, The deep snows and the bitter cold weather of the recent weeks in this winter of 1948-1949 has most seriously endangered the livestock industry of this state by reason of inability of the owners of such livestock to drive the stock to feed or to convey the feed to such stock on account of the snow-blocked roads and the inaccessibility of the proper feed; and
κ1949 Statutes of Nevada, Page 8 (CHAPTER 4, SB 26)κ
Whereas, There is a scarcity of available feed and there should be immediate stock piling of such feed; and
Whereas, Such conditions have created an emergency statewide in scope and effect; and
Whereas, There are funds in the stock and sheep commissions which are available for emergencies in the industry; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of agriculture, also known as the state board of stock commissioners, is hereby authorized and directed to expend such sums not exceeding in the aggregate the total sum of sixty thousand ($60,000) dollars in the year 1949 to meet the existing emergency in the livestock industry in Nevada for the outright purchase of hay or comparable feedstuffs in the open market or wherever available, for cash in full or on down payments, within the limits aforesaid, and for the sale on a cash basis of such hay or feedstuffs to consumers on such priority as the department shall determine to be just and practical, but for not less than cost; provided that upon final liquidation, sales may be made at less than cost if necessary.
Sec. 2. For the purpose of placing funds at the disposal of the department for prompt action, there is hereby transferred from the stock inspection fund in the state treasury the sum of fifty thousand ($50,000) dollars and from the sheep inspection fund in the state treasury the sum of ten thousand ($10,000) dollars, which sums of money are to be set up and constitute a special revolving fund to be known as the state emergency feed revolving fund, and out of which all claims incurred under this act shall be paid. Such sums shall be used by the state department of agriculture for carrying out the purposes of this act, and all bills or demands paid by said department shall, after payment thereof, be approved by the Nevada state board of examiners in the same manner as other claims against the State of Nevada. The department is further authorized to deposit said revolving fund in one or more banks of reputable standing.
Reimbursement to such revolving fund is to be made from the sales of the feed purchased from the department hereunder.
Not later than June 30, 1949, the moneys remaining in the state emergency feed revolving fund shall be redeposited on a prorata basis in the stock inspection fund and the sheep inspection fund, respectively, in the state treasury.
Sec. 3. The costs of administration incurred by the state department of agriculture in the administration of this act shall be charged against the funds available to the state board of stock commissioners in the administration of their regular duties, and shall not be included in the sale price of hay and feeds.
Sec. 4. All acts and parts of acts insofar as they are in conflict with this act are hereby repealed.
Sec. 5. This act shall be effective immediately from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 9κ
Senate Bill No. 8Senator Tallman.
CHAPTER 5
AN ACT authorizing and directing the state controller and the state treasurer of the State of Nevada to transfer certain sums from the appropriation for salaries of office and field employees in the state engineers appropriation fund to the fund for office supplies and expenses.
[Approved February 3, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 57 of chapter 278, Statutes of Nevada 1947, being the act making appropriations for the support of the civil government of the State of Nevada, for the fiscal years ending June 30, 1948-1949, the state controller and the state treasurer of the State of Nevada are hereby authorized and directed to transfer from the salaries of office and field employees item of the state engineers fund, as appropriated and set apart in section 18 of the above-mentioned act, the sum of $500 to the office supplies and expenses item.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 5Messrs. Chapman and Primeaux.
CHAPTER 6
AN ACT authorizing the board of county commissioners and the county treasurer of Churchill County, State of Nevada, to transfer certain funds in the Churchill County courthouse, jail, and telephone building fund to the Churchill County general fund, Churchill County hospital construction fund, and to the Churchill County hospital operation fund.
[Approved February 4, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That the board of county commissioners and the county treasurer of Churchill County be, and each of them hereby is, authorized and directed to transfer from the Churchill County courthouse, jail, and telephone building fund to the Churchill County general fund the sum of ten thousand and five hundred ($10,500) dollars, from the Churchill County courthouse, jail, and telephone building fund to the Churchill County hospital construction fund the sum of fifteen thousand ($15,000) dollars, and from the Churchill County courthouse, jail, and telephone building fund to the Churchill County hospital operation fund the sum of ten thousand ($10,000) dollars.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 10κ
Assembly Bill No. 55Mr. Crawford.
CHAPTER 7
AN ACT authorizing and directing the county commissioners of Washoe County, State of Nevada, to transfer certain funds from the Gerlach school bond redemption fund, and from the Gerlach emergency loan fund to the general fund of consolidated school district number 27.
[Approved February 11, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Washoe County, Nevada, are hereby authorized and directed to transfer from the Gerlach school bond redemption fund the sum of seven hundred sixty-three dollars and fifty-nine cents ($763.59) to the general fund of consolidated school district number twenty-seven (27). The county auditor and treasurer of Washoe County are directed to do all such acts as may be required to effect the purpose of this act.
Sec. 2. This act shall be in full force and effect immediately upon its passage and approval.
________
Senate Bill No. 7Senator Horlacher.
CHAPTER 8
AN ACT to amend 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, as amended.
[Approved February 11, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the act mentioned in the title of this act, as heretofore amended, being section 8491, 1929 N. C. L. 1941 Supp., 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] six 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. 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.
κ1949 Statutes of Nevada, Page 11 (CHAPTER 8, SB 7)κ
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 three dollars 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 review 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. 2. All acts and parts of acts in conflict with this act are hereby repealed.
________
Senate Bill No. 30Committee on Livestock.
CHAPTER 9
AN ACT to amend an act entitled An act providing for the licensing and regulation of public livestock sales and sales yards, defining the powers and duties of the state board of stock commissioners in connection therewith, and other matters properly relating thereto, approved March 18, 1947.
[Approved February 11, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78, 1947 Statutes of Nevada, is hereby amended by adding thereto a new section to read as follows:
Section 13. None of the provisions of this act shall be deemed to apply to the Nevada state fair, 4-H clubs, the Junior livestock show, the Nevada state livestock show, the Nevada Hereford association, and any other organization or association which is entirely nonprofit in character.
κ1949 Statutes of Nevada, Page 12 (CHAPTER 9, SB 30)κ
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Senate Bill No. 4Senator Johnson.
CHAPTER 10
AN ACT fixing the salaries of certain state officers for official and ex officio duties and providing for the payment of the same.
[Approved February 16, 1949]
Whereas, The 1947 legislature, in chapter 232, page 747, Statutes of Nevada 1947, provided ex officio duties for certain state officers, fixed compensation therefor, and made an appropriation for the purpose of said act, which appropriation expires on June 30, 1949; and
Whereas, By inadvertence the 1947 legislature limited the life of said act to the first Monday in January 1949; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the first Monday of January 1949, to and including the 30th day of June 1949, the superintendent of state printing, the inspector of mines, the state controller, the clerk of the supreme court, the secretary of state, the state treasurer, the superintendent of public instruction, and the surveyor general shall receive additional compensation at the rate of six hundred ($600) dollars per annum payable at the times and in the manner now provided by law for duties which were imposed upon them and set forth in chapter 232, Statutes of Nevada 1947.
Sec. 2. For the purpose of paying the respective salaries herein set forth, the state controller is authorized to draw his warrants and the state treasurer is directed to pay the same out of the funds now in the state treasury specifically appropriated for this purpose.
Sec. 3. This act is hereby declared to be an emergency measure and shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 136Committee on Ways and Means.
CHAPTER 11
AN ACT declaring an emergency; creating the governors emergency fund and making an appropriation therefor; declaring the duty of the state treasurer and controller; authorizing and directing the governor to expend such fund; providing for the reversion thereof and other matters properly connected therewith.
[Approved February 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A state of emergency is hereby declared, and a special fund in the state treasury to be known as and called the Governors Emergency Fund is created to meet such emergency. There is hereby appropriated from any moneys in the state treasury not otherwise especially appropriated, the sum of twenty-five thousand ($25,000) dollars, for the purposes of this act.
κ1949 Statutes of Nevada, Page 13 (CHAPTER 11, AB 136)κ
hereby appropriated from any moneys in the state treasury not otherwise especially appropriated, the sum of twenty-five thousand ($25,000) dollars, for the purposes of this act.
Sec. 2. The state treasurer and the state controller are hereby directed immediately to transfer the moneys appropriated by this act into said Governors Emergency Fund.
Sec. 3. Disbursements from the Governors Emergency Fund are to be made upon the order of the governor of the State of Nevada, upon claims to be duly approved, audited, allowed and paid as are other claims against the State of Nevada.
Sec. 4. The governor of the State of Nevada is hereby authorized and directed to expend so much of the Governors Emergency Fund as he deems necessary, and in such manner and for such reason or cause as he deems necessary, including participation and cooperation with the federal government, for the alleviation of the suffering of the people and the livestock industry of the State of Nevada, caused by the present disastrous weather conditions. It is intended hereby that within the limitations of this act, the only exception to the governors discretion in the expenditure of the Governors Emergency Fund shall be that no part of said fund shall be expended for the purchase of hay or other livestock feed.
Sec. 5. This act shall be effective from and after its passage and approval, and shall expire by limitation of time June 30, 1949. On July 1, 1949, any balance remaining in the Governors Emergency Fund shall revert to the general fund of the State of Nevada, and said Governors Emergency Fund shall cease to exist.
________
Senate Bill No. 9Committee on Judiciary.
CHAPTER 12
AN ACT to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941, as amended.
[Approved February 22, 1949]
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 section 9882.49, 1929 N. C. L., 1941 Supp., as amended by chapter 111 of 1945 Statutes of Nevada, is hereby amended to read as follows:
Section 49. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
First-The surviving husband or wife. [or such person as he or she may request to have appointed.]
Second-The children.
Third-The father or the mother.
Fourth-The brother.
Fifth-The sister.
Sixth-The grandchildren.
κ1949 Statutes of Nevada, Page 14 (CHAPTER 12, SB 9)κ
Seventh-Any other of the kindred entitled to share in the distribution of the estate.
Eighth-Creditors who have become such during the lifetime of the deceased.
Ninth-The public administrator.
Tenth-Any of the kindred not above enumerated, within the fourth degree of consanguinity.
Eleventh-Any person or persons legally competent.
Persons in each of the foregoing classes shall have the right of nomination and appointment, and a nominated and appointed person shall have the same priority as his nominator and appointor.
Sec. 2. All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 2Mr. Boak.
CHAPTER 13
AN ACT to amend an act entitled An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917, as amended.
[Approved February 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 30 of the above-entitled act, being section 2434 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 30. Party candidates for United States senator and representative in Congress [and for presidential elector] shall be nominated under the provisions of this act, and in like manner, as state officers are nominated.
________
Assembly Bill No. 4Mr. Boak.
CHAPTER 14
AN ACT to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved February 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 36 of the above-entitled act, being section 2473 Nevada Compiled Laws 1929, as amended by chapter 111 Statutes of Nevada 1941, page 264, is hereby amended to read as follows:
Section 36. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded.
κ1949 Statutes of Nevada, Page 15 (CHAPTER 14, AB 4)κ
upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice president of the United States shall be printed upon such ballots when such election shall be a presidential and vice presidential election, followed by the designation of their party. [the names and party designation of such candidates for president and vice president of each party to be placed directly above those of the candidates for presidential electors of the same party and separated therefrom by a light-faced rule and with a square for marking after the names of such candidates for president and vice president. Beneath the name of each of the candidates for vice president in each party group, in light-faced type, not larger than six point, shall appear the words: To vote for all of the electors of a party stamp a cross (X) in the square opposite the names and party designation of the presidential and vice presidential candidates of that party.] A cross (X) stamped in the square opposite the names of the presidential and vice presidential candidates of a party is a vote for all of the electors of that party, but for no other candidates. [provided, however, that nothing in this act shall be construed to permit the rejection of any ballot because a voter has marked a cross (X) after the name or names of candidates for presidential electors or either or any of them, not exceeding three such candidates, though no space has been provided on said ballot for such mark; and provided further, that in the event of such latter marking, and either a marking or no marking after the names of the candidates for president and vice president and their party designation, such ballot shall be construed to have been cast for the candidates for electors opposite where names and party designation such mark has been placed, and shall be so counted and tallied.]
The names of the candidates for each office shall be arranged on the ballot under the designation of the office, in alphabetical order, according to the surname of such candidates [except that the names of candidates for presidential and vice presidential electors shall be arranged in party groups with their party designation, and alphabetically in such groups according to their surnames, each group to be placed beneath the name of the vice presidential candidate of such party group;] and the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name; and as to candidates for judicial offices and school offices the names of the candidates shall also be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word Nonpartisan shall be placed after the name of each such candidate.
κ1949 Statutes of Nevada, Page 16 (CHAPTER 14, AB 4)κ
and school offices the names of the candidates shall also be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word Nonpartisan shall be placed after the name of each such candidate. There shall be a square at the right-hand side of the name and party or nonpartisan designation of each candidate [except candidates for the office of presidential and vice presidential electors,] at least one-half-inch square, so that the voters may clearly indicate in the way hereinafter prescribed the candidate or candidates for whom they wish to vote.
Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote Yes or No upon the question submitted in the manner hereinafter provided, and the words Yes and No separated by a light-faced rule and with a square after each thereof of the size hereinbefore prescribed shall be printed upon the ballot after each question, with a brief statement of the purport of such question, in plain ordinary language which may be readily understood by the ordinary lay person. Before every question or constitutional amendment to be voted upon there shall be placed a number, to be designated by the secretary of state, in bold-face type, not smaller than twenty-four point.
There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for not more than one, Vote for not more than three, and the like.
________
Assembly Bill No. 49Mr. Humphrey.
CHAPTER 15
AN ACT to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved February 22, 1949]
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 2439 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:
Section 2. It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided:
First. That no new precinct shall be established except upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.
κ1949 Statutes of Nevada, Page 17 (CHAPTER 15, AB 49)κ
to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.
Second. That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given.
Third. All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections is given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route.
Fourth. That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes.
The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct.
It shall be the duty of said boards of county commissioners at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks; provided further, that two of said inspectors, one republican and one democrat, may be designated by the board of county commissioners as the election precinct foreman. One of said boards shall be designated as the voting board and the other as the counting board. The voting board shall serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards. The members of each board acting hereunder shall receive compensation for one shift, or day; and the clerk of said board shall forthwith make and deliver to said inspectors and clerks, personally, notice thereof in writing, or deposit the same in the post office, registered and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election.
κ1949 Statutes of Nevada, Page 18 (CHAPTER 15, AB 49)κ
and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election. The election precinct foreman of each election precinct shall serve on both the voting board and the counting board, and they shall receive compensation for two shifts and in addition shall receive the sum of five dollars. It shall be the duty of the county clerk and the county commissioners, when election precinct foremen have been designated as herein provided, to conduct a school for election precinct foremen at least five (5) days prior to any primary, general, special or any election to which the general law is applicable, for the purpose of acquainting such election precinct foremen with the duties of the election board and the election laws, which the foremen shall, in turn, impart to their respective election boards.
At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use.
It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot boxes, and keys, the official ballots, the sample ballots, and printed instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.
Fifth. The board of county commissioners of all of the counties in this state are hereby given the power and authority to designate any building or buildings, public or otherwise, or any portion of said building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts in any election district within said county, when in the opinion of said board either the convenience and comfort to the voters and election officials will be best served by putting one or more polling places in any such building or buildings, or any portion thereof, or when in the opinion of said board the expense to the county for polling places can be minimized by putting one or more polling places in any such building or buildings, or any portion thereof. This provision shall apply to all primary, general, and special elections.
Sec. 2. All acts or parts of acts insofar as they are in conflict herewith are hereby repealed.
Sec. 3. This act shall become effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 19κ
Assembly Bill No. 63Messrs. Norstrom and Mount.
CHAPTER 16
AN ACT fixing the compensation of certain officers of Mineral County, Nevada; fixing the number of deputies and other employees; providing for traveling expenses, and other matter properly connected therewith; and repealing certain acts in conflict herewith.
[Approved February 22, 1949]
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 shall receive in full payment for all services rendered by them the following compensation:
The sheriff shall receive one thousand ($1,000) dollars and the ex officio assessor shall receive three thousand ($3,000) dollars, making a total salary of four thousand ($4,000) dollars per annum; he shall be allowed to appoint one deputy who shall be deputy sheriff and deputy assessor and who shall receive a salary of three thousand three hundred and sixty ($3,360) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall be nine ($9) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only. The sheriff and ex officio assessor may employ one (1) office stenographer at a salary of two hundred ($200) dollars per month.
The county recorder and ex officio auditor shall receive a salary of three thousand six hundred ($3,600) dollars per annum; he may appoint a deputy at a salary of two hundred twenty-five ($225) dollars per month.
The county clerk and ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners shall receive a salary of three thousand six hundred ($3,600) dollars per annum. The county clerk and ex officio treasurer and clerk of the district court and the clerk of the board of county commissioners shall be entitled to appoint one chief deputy who shall receive a salary of two hundred twenty-five ($225) dollars per month.
The district attorney shall receive a salary of three thousand ($3,000) dollars per annum, which shall be his compensation in full for all services, except he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve. The district attorney may employ one office stenographer at a salary of two hundred ($200) dollars per month.
The county commissioner of Mineral County shall receive the sum of one thousand eighty ($1,080) dollars per annum, and such mileage as is now allowed by law; and the board of county commissioners is hereby authorized and directed to allow the sheriff and ex officio assessor, county recorder and ex officio auditor, county clerk and ex officio treasurer, and the district attorney such additional clerks and deputies as the duties of their respective offices may require; provided, however, the compensation to be allowed such extra clerks and deputies shall be fixed by the board of county commissioners and shall not exceed the sum of eight ($8) dollars per day.
κ1949 Statutes of Nevada, Page 20 (CHAPTER 16, AB 63)κ
however, the compensation to be allowed such extra clerks and deputies shall be fixed by the board of county commissioners and shall not exceed the sum of eight ($8) dollars per day.
Sec. 2. The county commissioners are authorized and directed to allow to county officials their mileage when traveling on necessary county business at the same rate for such mileage as state officials are allowed when they are traveling on official business.
Sec. 3. This act shall become effective on the first day of the first month following its passage and approval.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed, and specifically repealed hereby is chapter 25, 1937 Statutes of Nevada, as amended by chapter 27, 1943 Statutes of Nevada, and as further amended by chapter 71, 1945 Statutes of Nevada.
________
Assembly Bill No. 64Messrs. Norstrom and Mount.
CHAPTER 17
AN ACT providing for the offices of district attorney and of public administrator of Mineral County, Nevada. Providing the method of filling vacancies in said offices, fixing the compensation for said offices, and repealing all acts and parts of acts in conflict herewith.
[Approved February 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. On and after the termination of the present term of the office of district attorney and ex officio public administrator of Mineral County, Nevada, there shall be elected a district attorney and a public administrator in and for said Mineral County, Nevada, at the times and in the manner now or as may be hereafter provided for by law for the election of officers in the various counties of this state.
Sec. 2. In the event of a vacancy in the office of the district attorney and ex officio public administrator of Mineral County, Nevada, as now exists, prior to the first Monday in January 1951, the board of county commissioners shall fill the vacancy of district attorney by appointing a suitable person to fill such vacancy until a successor is elected at the next ensuing biennial election, and qualifies for such office of district attorney. At the same time said board of county commissioners shall appoint a suitable person as public administrator to hold such office until a successor is elected at the next ensuing biennial election and qualifies for such office of public administrator.
Sec. 3. On and after the creation of the separate offices of district attorney and public administrator as provided in this act and the election or appointment of the district attorney and public administrator, such officers shall receive the following salaries as compensation in full payment for all services rendered by them as such officers:
The public administrator shall receive the fees allowed by law. The district attorney shall receive a salary of three thousand dollars ($3,000) per annum which shall be his compensation in full for all services.
κ1949 Statutes of Nevada, Page 21 (CHAPTER 17, AB 64)κ
district attorney shall receive a salary of three thousand dollars ($3,000) per annum which shall be his compensation in full for all services.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 5. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 83Mr. Whyte.
CHAPTER 18
AN ACT to amend an act entitled An act fixing the compensation of certain county officers of Esmeralda County in the State of Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number, and compensation of their deputies and attaches, and requiring said officers to make reports to the board of county commissioners of Esmeralda County; and repealing all acts and parts of acts in conflict therewith, approved February 21, 1929, as amended.
[Approved February 24, 1949]
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 1, chapter 10, 1929 Statutes of Nevada, as amended by section 1 of chapter 193, 1939 Statutes of Nevada, and section 1 of chapter 118, 1945 Statutes, is hereby amended to read as follows:
Section 1. The following-named officers of Esmeralda County shall receive, in full payment of all services rendered by them, the following salaries:
The sheriff, for services as sheriff, shall receive the sum of one thousand eight hundred ($1,800) [one thousand ($1,000)] dollars per annum, and for his services as ex officio county assessor the sum of one thousand eight hundred ($1,800) [two thousand ($2,000)] dollars per annum. The sheriff is hereby authorized to appoint one deputy sheriff, and said deputy shall receive a salary of one thousand three hundred fifty ($1,350) [six hundred ($600)] dollars per annum as deputy sheriff, and one thousand three hundred fifty ($1,350) [twelve hundred ($1,200)] dollars per annum as ex officio deputy county assessor; and he shall also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed, and in no case shall the compensation exceed the sum of two hundred ($200) [one hundred fifty ($150)] dollars per month for each deputy so appointed.
The county clerk, for services as county clerk, shall receive the sum of one thousand five hundred ($1,500) [eight hundred ($800)] dollars per annum, and for services as ex officio county treasurer the sum of one thousand five hundred ($1,500) [sixteen hundred ($1,600)] dollars per annum; and, he shall appoint as many deputies as the board of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred and eighty ($180) [where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at the rate of not less than one hundred fifty ($150)] dollars per month for term of employment.
κ1949 Statutes of Nevada, Page 22 (CHAPTER 18, AB 83)κ
of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred and eighty ($180) [where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at the rate of not less than one hundred fifty ($150)] dollars per month for term of employment.
The county recorder, for services as county recorder, shall receive the sum of one thousand five hundred ($1,500) [eight hundred ($800)] dollars per annum, and for services as ex officio county auditor the sum of one thousand five hundred ($1,500) [sixteen hundred ($1,600)] dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary which deputy or deputies shall be paid at a rate of not less than one hundred and eighty ($180) [where the business of his office shall require, and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred fifty ($150)] dollars per month for term of employment.
The district attorney of Esmeralda County shall receive the sum of three thousand ($3,000) [twenty-four hundred ($2,400)] dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred eighty ($180) [one hundred fifty ($150)] dollars per month per month for term of employment. He shall have a clerk or stenographer, to be named by him, at a salary not to exceed one hundred eighty ($180) dollars per month, when the board of county commissioners of said Esmeralda County deem necessary, and at such time and for such time as they may direct.
The county commissioners of Esmeralda County shall receive the sum of nine hundred ($900) dollars per annum each, and mileage at the rate of seven and one-half (7 1/2’) cents per mile in going to and returning from the county seat when attending a session of the board.
The above salaries shall be paid in equal monthly installments and shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and all percentages collected by the sheriff, as sheriff and ex officio assessor, shall be paid into the treasury of Esmeralda County, and no fees of any kind or character shall be allowed the above-named officers, and they shall make full, true, and correct reports of all fees collected by them monthly to the board of county commissioners of Esmeralda County. The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all of the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices.
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 in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 23κ
Assembly Bill No. 48Mr. Folsom.
CHAPTER 19
AN ACT to grant tax exemption to the Carson-Tahoe hospital association.
[Approved February 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, all property within the State of Nevada belonging to the Carson-Tahoe hospital association, a nonprofit corporation organized under the laws of the State of Nevada relating to hospitals and asylums, shall be exempt from taxation while such property is used for the legitimate purposes of such association.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 57Lyon County Delegation.
CHAPTER 20
AN ACT authorizing and directing the county commissioners of Lyon County, State of Nevada, to transfer certain funds from the Lyon County general fund to the Lyon County law library fund.
[Approved February 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Lyon County, Nevada, are hereby authorized and directed to transfer from the Lyon County general fund to the Lyon County law library fund the sum of three hundred eleven ($311) dollars. The county auditor and the county treasurer of Lyon County are directed to do all such acts as may be required to effect the purpose of this act.
Sec. 2. This act shall be in full force and effect immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 24κ
Assembly Bill No. 42Mr. Harmon.
CHAPTER 21
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties, and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved February 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 93 of the above-entitled act, being section 3656.93, 1929 N. C. L. Supp. 1931-1941, is hereby amended to read as follows:
Section 93. (1) Any company authorized to do the business of accident and health insurance in this state may issue group policies insuring against bodily injury or death caused by accident or by accidental means or against sickness, or both, coming within any of the following classifications:
(a) A policy issued to an employer, who shall be deemed the policyholder, insuring at least [twenty-five (25)] five (5) employees of such employer for the benefit of persons other than the employer [.], or to the trustees of a fund established by two (2) or more employers or by one (1) or more labor unions, or by one (1) or more employers and one (1) or more labor unions, which trustees shall be deemed the policyholder, insuring at least twenty-five (25) employees of such employers or members of such union or both for the benefit of persons other than the trustees, employers, or unions. The term employees as used herein shall be deemed to include the officers, managers, and employees of the employer, the partners, if the employer is a partnership, the officers, managers, and employees of subsidiary or affiliated corporations of a corporation employer, and the individual proprietors, partners, and employees of individuals and firms, the business of which is controlled by the insured employer through stock ownership, contract, or otherwise. The term employer as used herein may be deemed to include any municipal or governmental corporation, unit, agency, or department thereof and the proper officers, as such, of any unincorporated municipality or department thereof, as well as private individuals, partnerships, and corporations.
κ1949 Statutes of Nevada, Page 25 (CHAPTER 21, AB 42)κ
(b) A policy issued to an association which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least twenty-five (25) members of the association for the benefit of persons other than the association or its officers or trustees as such.
(c) A policy issued to any common carrier of passengers, insuring all persons who may become passengers of such carrier or all of any class or classes thereof determined by the means of transportation used by the insured class or classes, insuring against bodily injury or death either while, or as a result of, being such passengers.
(d) A policy issued to a college, school, or other institution of learning or to the head of principal thereof, insuring students, or students and employees, of such institution.
(e) A policy issued to or in the name of any volunteer fire department, insuring all of the members of such department against any one or more of the hazards to which they are exposed by reason of such membership.
(2) Any insurance company authorized to write accident and health insurance in this state shall have power to issue group accident and health policies. No policy of group accident and health insurance may be issued or delivered in this state unless a copy of the form thereof shall have been filed with the commissioner and approved by him in accordance with section 89, and each such policy issued shall contain in substance the following provisions:
(a) A provision that the policy and the application or applications submitted in connection therewith shall constitute the entire contract between or among the parties, and that all statements contained in such applications, in the absence of fraud, shall be deemed representations and not warranties.
(b) A provision to the effect that insurability of an employee does not cease to exist or terminate, by reason of age alone, until said employee has attained the age of seventy (70) years.
(c) A provision that the company, corporation, society, or organization issuing such a policy will issue to the employer for delivery to each insured employee an individual certificate or document setting forth a statement as to the insurance protection to which such employee is entitled, to whom payable, and such other or additional information as the nature of the transaction justly requires.
(d) A provision that all new employees or all new members, as the case may be, in the groups or classes eligible for such insurance, must be added to such groups or classes for which they are respectively eligible.
(e) A provision that all premiums are payable by or through the employer to the company or insurer at its home office, or to its duly authorized agent, if so provided, on or before the due date thereof, with such period of grace as may be lawful and agreed upon; that premium adjustments corresponding to changed conditions or termination of service shall be granted.
(f) A provision that written notice of injury or sickness on which a claim or claims may be based shall be given to the company or insurer at its home office within five (5) days after the date of the accident causing such injury or within ten (10) days after the commencement of disability from such sickness; provided, that failure to give such notice within such time shall not invalidate any such claim if it shall be shown that such notice was given as soon as reasonably possible and without unnecessary delay.
κ1949 Statutes of Nevada, Page 26 (CHAPTER 21, AB 42)κ
a claim or claims may be based shall be given to the company or insurer at its home office within five (5) days after the date of the accident causing such injury or within ten (10) days after the commencement of disability from such sickness; provided, that failure to give such notice within such time shall not invalidate any such claim if it shall be shown that such notice was given as soon as reasonably possible and without unnecessary delay.
(g) A provision that any such policy may be issued or delivered in this state with the understanding, on proper advice, that in the opinion of the chief officer of the department or division of insurance it contains provisions on any one or more of the several requirements equally favorable or more favorable to the employer or to the employees than required by law and otherwise complies therewith.
(h) A provision to the effect that no action at law or in equity shall be brought to recover on such policy prior to the expiration of sixty (60) days after proof of loss has been filed in accordance with the requirements thereof, nor shall such action be brought at all unless brought within two (2) years from the expiration of the time within which proof of loss is required by such policy.
(3) Any policy coming within the classification of paragraphs (a) or (b) of subsection (1) may provide for the payment of benefits or reimbursement for expenses with respect to any one or more of the following contingencies: burial expense, not to exceed two hundred ($200) dollars, or hospitalization or medical or surgical treatment of an insured employee or member, as the case may be, his spouse, his child or children, or other persons chiefly dependent upon him for support.
(4) The requirements of paragraph (a) of subsection (1) that the insurance be for the benefit of persons other than the employer, and the requirement of paragraphs (a), (b), and (d) of section 1 that at least twenty-five (25) persons be insured, shall not apply to policies insuring only against aviation or transportation hazards.
________
Assembly Bill No. 13Messrs. Claiborne, Harmon, Johnson, and Miss Smith.
CHAPTER 22
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, together with the acts amendatory thereof or supplementary thereto, as amended.
[Approved February 25, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act, being sections 6415-6528 N. C. L. 1929, as amended, is hereby amended to read as follows:
An Act to provide revenue for the support of the government of the State of Nevada, providing penalties for the violation thereof, and to repeal certain acts relating thereto.
κ1949 Statutes of Nevada, Page 27 (CHAPTER 22, AB 13)κ
the State of Nevada, providing penalties for the violation thereof, and to repeal certain acts relating thereto.
Sec. 2. Section 5 of the above-entitled act, being section 6418 N. C. L. 1929, as amended by chapter 32, Statutes of 1945, and as further amended by chapter 200, Statutes of 1947, is hereby amended to read as follows:
Section 5. All property of every kind and nature whatsoever within this state shall be subject to taxation except:
First-All lands and other property owned by the state, or by the United States, not taxable because of the constitution or laws of the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage, or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also nonprofit private schools, with lots appurtenant thereto, and furniture and equipment; drainage ditches and canals, together with the lands which are included in the rights-of-way of such.
Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this state or improvements thereon, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.
Third-Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.
Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the Order of Free and Accepted Masons, or the Independent Order of Odd Fellows, or of any similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.
Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.
Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; the property including community property to the extent only of his or her right or interest therein of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no exemption shall be allowed anyone the total value of whose property including community property to the extent only of his or her right or interest therein within the state exceeds six thousand dollars.
κ1949 Statutes of Nevada, Page 28 (CHAPTER 22, AB 13)κ
family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no exemption shall be allowed anyone the total value of whose property including community property to the extent only of his or her right or interest therein within the state exceeds six thousand dollars.
Seventh-The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one post or organization thereof. The property of any person who has served in the armed forces of the United States in time of war, and upon severance of such service has received an honorable discharge or certificate of service from such armed forces, or who having so served is still serving in such armed forces, shall be exempt from taxation to the extent of one thousand ($1,000) dollars assessed valuation of such property; provided, however, that for the purposes of this section the first one thousand ($1,000) dollars assessed valuation of property in which such person has any interest shall be deemed the property of such person. [The property, including community property to the extent of his or her interest or right therein only, not to exceed the amount of one thousand ($1,000) dollars, of any person who has served, or is serving, in the army, navy, marine corps, revenue marine, or in any other branch of the armed forces of the United States in time of war, and in the event of the severance of such service has received an honorable discharge therefrom.] Such exemptions shall be allowed only to claimants who shall make an affidavit annually, on or before the third Monday in August, before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state; [, and that the total value of all property of affiant within this state including community property to the extent of his or her interest or right therein only is less than four thousand dollars;] provided, however, that persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption, and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided further, that in case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veterans exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.
κ1949 Statutes of Nevada, Page 29 (CHAPTER 22, AB 13)κ
exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.
Eighth-There shall also be exempt from taxation of all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one fraternity or chapter thereof.
Ninth-The buildings, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto of the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross and any of its chapters in the State of Nevada, the Salvation Army Corps, Girl Scouts of America, and the Boy Scouts of America; provided, that when any such property is used for other than Young Mens Christian Association, Young Womens Christian Association, American National Red Cross, or any of its chapters in the State of Nevada, Salvation Army Corps, Girl Scouts of America, or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one association or organization thereof.
Tenth-All real and personal property of the Nevada childrens foundation, inc., in the State of Nevada, shall be exempt from taxation; provided, that when and if such property is used for any purpose other than carrying out the legitimate functions of the Nevada childrens foundation, inc., the same shall be taxed.
Sec. 3. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall take effect and be in full force from and after January 1, 1950.
________
Assembly Bill No. 93Mr. Batt.
CHAPTER 23
AN ACT authorizing the state board of fish and game commissioners to negotiate with the fish and game commission of the State of Arizona concerning a reciprocal fishing license agreement between the State of Nevada and the State of Arizona, and applying to the waters of Lake Mead and the Colorado river where bordered by said states.
[Approved March 2, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of fish and game commissioners is hereby authorized to enter into negotiations with the fish and game commission of the State of Arizona, concerning arrangements for persons fishing in the waters of the Colorado river or the waters of Lake Mead, where such waters form the border between the State of Nevada and the State of Arizona, to do so when licensed to fish by either state.
κ1949 Statutes of Nevada, Page 30 (CHAPTER 23, AB 93)κ
commission of the State of Arizona, concerning arrangements for persons fishing in the waters of the Colorado river or the waters of Lake Mead, where such waters form the border between the State of Nevada and the State of Arizona, to do so when licensed to fish by either state.
Sec. 2. In the event that said state board of fish and game commissioners succeeds in concluding an agreement which, in the exclusive judgment of said state board, is satisfactory, then, and in that event, persons holding a valid fishing license from the State of Arizona, are hereby authorized to fish in the waters of the Colorado river and the waters of Lake Mead where such waters form the boundary between the State of Arizona and the State of Nevada without procuring a fishing license from the State of Nevada.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 118Nye County Delegation.
CHAPTER 24
AN ACT to separate the offices of sheriff and assessor in the county of Nye, State of Nevada; providing for the compensation of each of said officers; and providing for the election or appointment of such officers, and repealing acts in conflict herewith.
[Approved March 2, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the first Monday in January 1951, the office of sheriff and the office of assessor of Nye County, State of Nevada, shall be separate offices, and shall not be held by the same person; provided, however, that in the event of a vacancy in the present office of sheriff-assessor of Nye County, State of Nevada, as the same is now constituted, the said offices of sheriff and assessor shall be separated as of the date when such vacancy occurs, and the board of county commissioners of said Nye County, State of Nevada, shall proceed to fill the said office of sheriff and the said office of assessor by appointing qualified persons to such offices for a term expiring on the first Monday of January 1951.
Sec. 2. When the said offices of sheriff and assessor of said Nye County, State of Nevada, have been constituted as separate offices, the said sheriff shall be paid at the rate of thirty-two hundred ($3,200) dollars per annum, and the said assessor shall be paid at the rate of three thousand ($3,000) dollars per annum.
Sec. 3. Any provision of any act conflicting with the provisions of this act, is hereby repealed insofar as it so conflicts.
Sec. 4. This act shall become effective on the first day of the first month after its passage and approval.
________
κ1949 Statutes of Nevada, Page 31κ
Assembly Bill No. 117Nye County Delegation.
CHAPTER 25
AN ACT to amend an act entitled An act fixing the compensation of certain county officers in Nye County, and other matters properly relating thereto, approved March 22, 1945, as amended, and repealing section 1 of chapter 5, 1937 Statutes of Nevada, as amended.
[Approved March 2, 1949]
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 1945 Statutes of Nevada, chapter 139, section 1, as amended by 1947 Statutes of Nevada, chapter 120, section 1, is hereby amended to read as follows:
Section 1. From and after the first day of April [1947] 1949, the sheriff of Nye County, Nevada, shall receive a salary of [three thousand six hundred ($3,600)] three thousand two hundred ($3,200) 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] and all official and ex officio duties of any kind whatsoever, [and he may appoint a deputy who shall receive a salary of not more than two hundred twenty-five ($225) dollars, and a second deputy who shall receive a salary of not more than two hundred ($200) dollars per month.] and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. He shall be allowed all his actual traveling expenses, 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; 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] 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 [competent] so located as to perform [said] such service, without the sheriff or his deputy 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, which compensation shall not exceed one hundred seventy-five ($175) dollars per month per deputy.]
κ1949 Statutes of Nevada, Page 32 (CHAPTER 25, AB 117)κ
Sec. 2. Section 2 of the above-entitled act, being 1945 Statutes of Nevada, chapter 139, section 2, as amended by 1947 Statutes of Nevada, chapter 120, section 2, is hereby amended to read as follows:
Section 2. The county clerk and treasurer shall receive a salary of three thousand dollars ($3,000) per annum, [for all his services in said office,] payable in equal monthly installments, as full compensation for his services to said county as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed one deputy, to be named by him, [at a compensation of not more than one hundred eighty-five ($185) 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 state or county.] and such other deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. 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.
[The board of county commissioners, by unanimous consent, may allow the ex officio treasurer to have such other typists or stenographers as in their judgment may be necessary at such compensation and for such length of time as they may direct, which compensation shall not exceed one hundred sixty ($160) dollars per month for each such typist or stenographer.]
The county clerk shall collect in advance, [and monthly turn] and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in his office.
Sec. 3. Section 3 of the above-entitled act, being 1945 Statutes of Nevada, chapter 139, section 3, as amended by 1947 Statutes of Nevada, chapter 120, section 3, is hereby amended to read as follows:
Section 3. The county recorder and auditor of said county shall receive a salary of three thousand ($3,000) dollars per annum [as] , payable in equal monthly installments, in full compensation for all his services to said county as such officer, and shall have one deputy, to be selected by him, and such other deputies, typists or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. He shall be allowed all of his actual traveling expenses, 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. [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 more than one hundred eighty-five ($185) dollars per month, and shall have such clerks or typists 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, which compensation shall not exceed one hundred sixty ($160) dollars per month for each such clerk or typist.]
κ1949 Statutes of Nevada, Page 33 (CHAPTER 25, AB 117)κ
time as they may direct, which compensation shall not exceed one hundred sixty ($160) dollars per month for each such clerk or typist.]
Sec. 4. Section 4 of the above-entitled act, being 1945 Statutes of Nevada, chapter 139, section 4, as amended by 1947 Statutes of Nevada, chapter 120, section 4, is hereby amended to read as follows:
Section 4. The district attorney shall receive a salary of three thousand ($3,000) dollars per annum, payable in equal monthly installments, for all his services as such officer. [He shall have a clerk or stenographer, to be named by him, at a compensation of not more than one hundred sixty-five ($165) dollars per month. 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 of not more than one hundred fifty ($150) dollars per month, to be fixed by the board of county commissioners.] He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. He shall be allowed all of his actual traveling expenses, 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 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. 5. Section 5 of the above-entitled act, being 1945 Statutes of Nevada, chapter 139, section 5, is hereby amended to read as follows:
Section 5. [All annual salaries herein provided shall be paid in twelve (12) equal monthly installments.] Section 1 hereof is intended to apply to the office of sheriff for so long as the incumbent of such office shall continue to be the ex officio assessor of Nye County, Nevada. If the said office of sheriff is separated from the office of assessor pursuant to legislative authorization, then and in that event, the said county assessor of Nye County, State of Nevada, shall be paid the sum of three thousand ($3,000) dollars in full compensation for all services to said Nye County, and such salary shall be paid in the same manner as are other county officers. Such county assessor shall be allowed his travel expenses in the same manner as are other county officers.
The said section 1 of this act shall thereafter be construed to apply only to the office of sheriff and have no relation to the office of assessor.
Sec. 6. Section 6 of the above-entitled act, being 1945 Statutes of Nevada, chapter 139, is hereby amended to read as follows:
Section 6. [All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.] The members of the board of county commissioners of Nye County, State of Nevada, shall receive the sum of fifty-five ($55) dollars per month each as compensation for their services as county commissioners, and twenty ($20) dollars per month each as compensation for their services on the board of county commissioners while acting as a governing board for the town of Tonopah.
κ1949 Statutes of Nevada, Page 34 (CHAPTER 25, AB 117)κ
Sec. 7. All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed. Especially repealed hereby is section 1 of chapter 52, 1937 Statutes of Nevada as amended by section 2 of chapter 195, 1947 Statutes of Nevada.
Sec. 8. This act shall be effective from and after April 1, 1949.
________
Senate Bill No. 98Senator Munk.
CHAPTER 26
AN ACT authorizing the board of county commissioners of Pershing County, Nevada, to take requisite steps to construct a bridge in said county, and other matters properly relating thereto.
[Approved March 2, 1949]
Whereas, The Old Oreana Bridge, situate on the Humboldt river, approximately twelve miles in an easterly direction from the city of Lovelock, county of Pershing, State of Nevada, and being a component part of a road system utilized for agricultural, mining and other pursuits, for all practical purposes is useless and creates a dangerous hazard to the traveling public; and
Whereas, The county commissioners of Pershing County, Nevada, caused plans and specifications to be prepared for a new structure and caused notice calling for bids for the construction thereof to be published in the manner and form provided by law; and
Whereas, No bids were submitted for consideration at or prior to the time designated in said published notice, nor has any person or persons manifested an interest in entering into a contract with the county of Pershing for the construction of said bridge to this time; and
Whereas, The county of Pershing has the funds, equipment, and personnel to build said structure and complete said work at a minimum cost; and
Whereas, For said road to be utilized during the present year the bridge must be constructed prior to the commencement of the irrigation season in the Lovelock Valley, Pershing County, Nevada, which ordinarily commences on or about the 15th day of March each year, and prior to flood conditions anticipated on the Humboldt river; and
Whereas, An emergency exists for which there is no remedy under the general law; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Pershing County, Nevada, are hereby authorized to utilize requisite and proper funds, equipment and personnel for the purpose of erecting a structure to replace the Old Oreana Bridge situate on the Humboldt river, approximately twelve miles in an easterly direction from the city of Lovelock, county of Pershing, State of Nevada, without the necessity of further notice or the letting of a contract, any statute to the contrary notwithstanding.
κ1949 Statutes of Nevada, Page 35 (CHAPTER 26, SB 98)κ
of further notice or the letting of a contract, any statute to the contrary notwithstanding.
Sec. 2. This act is declared to be an emergency measure, and shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 132Humboldt County Delegation.
CHAPTER 27
AN ACT fixing the compensation of the county officers of Humboldt County, Nevada, and regulating the employment and compensation of deputies and other employees of officers.
[Approved March 7, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Humboldt County, Nevada, their deputies, and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them:
Sec. 2. The district attorney of Humboldt County, Nevada, shall receive a salary of three thousand six hundred dollars ($3,600) per annum for all his services as such officer; the district attorney shall be allowed only his actual traveling expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency; and he may employ a stenographer whose compensation shall be not to exceed nine hundred dollars ($900) per annum, to be paid in like manner as other county officers are paid.
Sec. 3. The sheriff of Humboldt County, Nevada, shall receive the sum of three thousand six hundred dollars ($3,600) per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed three thousand dollars ($3,000) per annum; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of eight dollars ($8) per day.
κ1949 Statutes of Nevada, Page 36 (CHAPTER 27, AB 132)κ
that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of eight dollars ($8) per day.
Sec. 4. The county clerk of the county of Humboldt, State of Nevada, and ex officio clerk of the district court of the sixth judicial district of the State of Nevada, in and for the county of Humboldt, shall receive as salary the sum of three thousand six hundred dollars ($3,600) per annum; he shall pay into the county treasury each month all money collected by him as fees, without deduction of any nature; the county clerk may appoint one chief deputy.
Sec. 5. The county recorder in and for the county of Humboldt, State of Nevada, and as ex officio auditor, shall receive the sum of three thousand six hundred dollars ($3,600) per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one chief deputy.
Sec. 6. The assessor of Humboldt County, Nevada, shall receive a salary of three thousand six hundred dollars ($3,600) per annum, together with the additional sum of four hundred eighty dollars ($480) per year for travel expense and mileage, which sums shall be paid to him in twelve equal monthly installments; the county assessor may appoint one chief deputy. The assessor may employ such other deputies as may be necessary for him to perform the duties required of him by the motor vehicle department; provided, however, that the salaries of such deputies shall be fixed by the assessor at not to exceed seven dollars ($7) per day and shall be paid out of such fees as he may receive from the motor vehicle department.
Sec. 7. The chief deputies employed by the county clerk, county recorder and county assessor of Humboldt County, Nevada, shall each receive a salary of one thousand eight hundred dollars ($1,800) per annum for the first year of employment; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period exceeding one year shall receive a salary of two thousand one hundred dollars ($2,100) per annum; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period of four years shall receive a salary of two thousand four hundred dollars ($2,400) per annum.
Sec. 8. The county treasurer and ex officio tax receiver of Humboldt County, Nevada, shall receive a salary of three thousand six hundred dollars ($3,600) per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 9. The county commissioners of Humboldt County, Nevada, shall each receive the sum of one thousand five hundred dollars ($1,500) per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat; it is further provided that the county commissioners shall receive ten cents (10’) per mile for use of private automobiles used on county business; claims for this mileage must be approved by the board of county commissioners.
κ1949 Statutes of Nevada, Page 37 (CHAPTER 27, AB 132)κ
whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat; it is further provided that the county commissioners shall receive ten cents (10’) per mile for use of private automobiles used on county business; claims for this mileage must be approved by the board of county commissioners.
Sec. 10. All annual salaries herein provided shall be payable monthly in twelve equal installments.
Sec. 11. The county commissioners of Humboldt County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary, and to fix their compensation.
Sec. 12. An act entitled An act fixing the compensation of the county officers of Humboldt County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, is hereby repealed; and all acts or parts of acts in conflict with this act are hereby repealed.
Sec. 13. This act shall be effective April 1, 1949.
________
Assembly Bill No. 73Mr. Claiborne.
CHAPTER 28
AN ACT to amend an act entitled An act to provide for the appointment of guardians, and to prescribe their duties, approved March 11, 1899, as amended.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being section 9511 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:
Section 17. Every guardian appointed under the provisions of this act, whether for a minor or any other person, shall pay all just debts due from the ward out of the personal estate and the income from the real estate of the ward, if sufficient, and if not, then from the proceeds of a sale of the personal or real estate, upon obtaining an order for such sale according to law; provided, that if, upon petition of the guardian, it shall appear for the best interest of the ward to mortgage, pledge or hypothecate any of his real or personal estate, instead of making a sale of any property, the court may authorize the guardian to execute such a mortgage or deed of trust, or pledge such property upon such terms and conditions as the court shall deem prudent, upon the guardian filing a bond in favor of the ward in such sum as the court shall fix, to be approved by the court or a judge thereof; and notice of the petition and hearing shall be given as prescribed by sections 25 and 26 of this act.
κ1949 Statutes of Nevada, Page 38 (CHAPTER 28, AB 73)κ
notice of the petition and hearing shall be given as prescribed by sections 25 and 26 of this act.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 96Committee on Roads and Highways.
CHAPTER 29
AN ACT to amend an act entitled An act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the laws relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto, approved March 31, 1941, as amended.
[Approved March 8, 1949]
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 section 4442.09, 1929 N. C. L. 1931-1941 Supp., as amended, 1943 Statutes of Nevada, page 268, is hereby amended to read as follows:
Section 10. The department shall not issue any license hereunder:
1. To any person, as an operator, who is under the age of sixteen years, except that the department may issue a restricted license to any person who is at least fourteen years of age; provided, the licensing of such person is necessary to permit them to comply with other laws of this state.
2. To any person, as a chauffeur, who is under the age of eighteen years, except as provided in section 1 of an act entitled An act relating to the issuance of chauffeurs licenses for the operation of school busses and defining the requirements therefor, approved March 1, 1943.
3. To any person as an operator or chauffeur, whose license has been suspended, during such suspension nor to any person whose license has been revoked until the expiration of [one year after] the period for which such license was revoked [;].
4. To any person, as an operator or chauffeur, who is an habitual drunkard, or is addicted to the use of narcotic drugs [;].
5. To any person, as an operator or chauffer, who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law [;].
6. To any person, as an operator or chauffeur, who is required by this act to take an examination, unless such person shall have successfully passed such examination [;].
7. To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways [;].
8. To any person when the administrator has good reason to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare; provided, two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare and the administrator shall refuse to issue or renew a drivers or chauffeurs license for a person so convicted until it shall have been proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
κ1949 Statutes of Nevada, Page 39 (CHAPTER 29, AB 96)κ
would be inimical to public safety or welfare; provided, two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare and the administrator shall refuse to issue or renew a drivers or chauffeurs license for a person so convicted until it shall have been proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
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 in full force and effect from and after its passage and approval.
________
Assembly Bill No. 110Committee on Rules.
CHAPTER 30
AN ACT to amend 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, as amended.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 44 of the above-entitled act, being section 4808 N. C. L. 1929, as amended by chapter 10, page 11, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 44. If, during the vacancy in the office of the governor, the lieutenant governor shall die, be impeached, displaced, resign, or become incapable of performing the duties of his office, or be absent from the state, the president pro tem of the senate shall act as governor until the vacancy shall be filled or the disability shall cease.
In case of the inability of the president pro tem of the senate to act as governor in the event of a vacancy in the office of lieutenant governor, the speaker of the assembly shall be called upon to serve until the vacancy shall be filled. If the speaker of the assembly is ineligible or unable to act, the secretary of state shall be next in line of succession.
To effect the purposes of this section, the president pro tem of the senate, and the speaker of the assembly, shall each be deemed to hold their respective offices until their successors shall have been elected and qualify.
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 40κ
Assembly Bill No. 75Committee on Roads and Highways.
CHAPTER 31
AN ACT directing the state board of control of the State of Nevada to convey to the state department of highways a right of way over certain lands belonging to the State of Nevada now and heretofore used by the Nevada school of industry.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of control of the State of Nevada is hereby authorized and directed to make, execute, and deliver to the state department of highways the necessary deed to a right of way along and over the land belonging to the State of Nevada now and heretofore used by the Nevada school of industry in the county of Elko, State of Nevada, and being particularly described as follows:
A right of way of varying width over and across a portion of the W 1/2 of the NW 1/4 and the NE 1/4 of the NW 1/4 of section 31, T. 35 N., R. 56 E., M. D. B. & M., and being more particularly described by metes and bounds as follows, to wit:
Beginning at the point of intersection of the center line of the state highway at highway engineers station A 175+76.67 P. O. T., with the west boundary of said section 31; said point of beginning being further described as bearing N. 0°18′30ʺ E. a distance of 470.16 feet from the west quarter corner of said section 31; thence N. 0°18′30″ E. along the west boundary of said section 31 a distance of 119.89 feet to a point on the new, left or northwesterly, seventy-five foot highway right-of-way line; thence N. 39°02′ E. along said new right-of-way line a distance of 285.82 feet to a point; thence from a tangent which is the last-described course, curving to the left along said new right-of-way line with a radius of 9925 feet, through an angle of 8°51′, a distance of 1533.03 feet to a point; thence N. 30°11′ E. along said new right-of-way line, a distance of 699.55 feet to a point on the north boundary of said section 31; thence S. 89°17′ E. along said north boundary a distance of 36.07 feet to a point on the existing left or northwesterly highway right-of-way line; thence S. 30°15′ W. along said existing right-of-way line a distance of 720.39 feet to a point; thence from a tangent which is the last-described course, curving to the left along said existing right-of-way line with a radius of 6050 feet, through an angle of 4°50′ a distance of 510.36 feet to a point; thence S. 25°25′ W. along said existing right-of-way line a distance of 992.72 feet to a point on the new, right or southeasterly, one hundred seventy-five foot highway right-of-way line; thence from a tangent which bears S. 38°50′38″ W., curving to the right along said new right-of-way line with a radius of 10,175 feet, through an angle of 0°11′22″, a distance 33.64 feet to a point; thence S. 39°02′ W. along said new right-of-way line a distance of 597.59 feet to a point on the aforesaid west boundary of said section 31; thence N. 0°18′30″ E. along said west boundary a distance of 279.74 feet to the point of beginning; containing an area of 7.07 acres, more or less.
κ1949 Statutes of Nevada, Page 41 (CHAPTER 31, AB 75)κ
point of beginning; containing an area of 7.07 acres, more or less.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 76Committee on Roads and Highways.
CHAPTER 32
AN ACT authorizing and directing the board of regents of the University of Nevada to deed certain lands to the State of Nevada, and to correct certain errors in a deed heretofore given.
[Approved March 8, 1949]
Whereas, Chapter 87, Statutes of Nevada 1933, being entitled An 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, contains an error in section 1 of said act in that it provides that the board of regents of the University of Nevada shall execute and deliver a good and sufficient deed to the board of capitol commissioners of the State of Nevada when the conveyance should have been to the state highway department, and also an error in the description of the land as set forth in section 1 of said act, and said discrepancy and error has been called to the attention of the state highway department; 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 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 state highway department 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 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°18′02″ 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°29′30″ 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°29′30″ E. a distance of 464.55 feet to a point on the south fence line along the Peckham driveway, thence N. 77°24′30″ W. 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.
κ1949 Statutes of Nevada, Page 42 (CHAPTER 32, AB 76)κ
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°29′30″ 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°30′30″ W. along said property line a distance of 35 feet to a point on the center line of the state highway, thence S. 20°29′30″ 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.
________
Assembly Bill No. 77Committee on Roads and Highways.
CHAPTER 33
AN ACT authorizing the board of directors of the state highway department of the State of Nevada to convey to Roscoe A. Coffman and DeLila C. Coffman all its right, title, and interest in and to a portion of the land heretofore acquired by the State highway department from E. A. Clark and Adeline E. Clark.
[Approved March 8, 1949]
Whereas, The state highway department has entered into an agreement with Roscoe A. Coffman and DeLila C. Coffman to secure a right of way as it crosses a portion of land owned by said Roscoe A. Coffman and DeLila C. Coffman located in the W 1/2 of the NW 1/4 of section 16, T. 21 S., R. 61 E., M. D. B. & M., as evidenced by such agreement dated May 1, 1947, in exchange for a portion of the land conveyed to the State of Nevada by E. A. Clark and Adeline E. Clark by deed dated May 13, 1941; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of directors of the state highway department, acting for the State of Nevada, is hereby authorized to convey to Roscoe A. Coffman and DeLila C. Coffman all right, title, and interest of the State of Nevada in and to that certain land described as being a portion of section 16, T. 21 S., R. 61 E., M. D. B. & M., and described by metes and bounds as follows:
Commencing at the West quarter corner of section 16, T. 21 S., R. 61 E., M. D. B. & M.; thence S. 89°18′15″ E. along the south line of W 1/2 of the NW 1/4 of said section 16 a distance of 530 feet, more or less, to a point on the left or westerly fifty (50) foot highway right-of-way line, the true point of beginning; thence N. 89°18′15″ W. a distance of 25.26 feet to a point; thence N. 0°04′ W. a distance of 50.00 feet to a point; thence S. 89°18′15″ E. a distance of 51.37 feet to a point on the aforesaid right-of-way line; thence S. 28°18′ W. a distance of 56.00 feet, more or less, to the true point of beginning; containing an area of 0.044 of an acre, more or less.
κ1949 Statutes of Nevada, Page 43 (CHAPTER 33, AB 77)κ
distance of 56.00 feet, more or less, to the true point of beginning; containing an area of 0.044 of an acre, more or less.
Sec. 2. This act shall take effect upon its passage and approval.
________
Assembly Bill No. 78Committee on Roads and Highways.
CHAPTER 34
AN ACT authorizing and directing the board of commissioners of the Nevada hospital for mental diseases to convey to the state department of highways all its right, title, and interest in and to certain state lands and a right of way over certain state lands under its control.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to convey to the state department of highways, for the use of the said department, all its right, title and interest in and to that certain land belonging to the State of Nevada described under parcels No. 1 and No. 2 as follows:
Parcel No. 1
A portion of lots 2 and 3 and a portion of the NW 1/4 of the NE 1/4 of section 7, T. 19 N., R. 20 E., M. D. B. & M., in Washoe County, Nevada, more particularly described by metes and bounds as follows:
Beginning at the southeasterly corner of the property previously conveyed to the department of highways by deed dated June 16, 1943, recorded in volume 154 of deeds, page 342, records of Washoe County, Nevada; said point of beginning further described as bearing S. 67°41′09″ E. a distance of 2623.61 feet from the northwest corner of said section 7; thence S. 0°42′ W. along the westerly fence line of the asylum road a distance of 396.50 feet to a point; thence S. 11°43′52″ E. continuing along said fence line a distance of 117.11 feet to a point; thence S. 45°37′42″ E. continuing along said fence line a distance of 78.68 feet to a point; thence N. 67°30′ W. along the easterly extension of and the meander line along the northerly bank of the Truckee river a distance of 831.59 feet to a point; thence N. 0°42′ E. a distance of 256.36 feet to a point which is the southwest corner of the aforesaid previously conveyed property; thence S. 89°18′ E. a distance of 680.00 feet to the point of beginning, containing an area of 6.325 acres, more or less.
Parcel No. 2
A portion of lot 2 of section 7, T. 19 N., R. 20 E., M. D. B. & M., in Washoe County, Nevada, more particularly described by metes and bounds as follows:
Beginning at the northwest corner of the present state highway maintenance yards, which is a point on the southerly right-of-way line of the Southern Pacific railroad, said point of beginning further described as bearing S.
κ1949 Statutes of Nevada, Page 44 (CHAPTER 34, AB 78)κ
line of the Southern Pacific railroad, said point of beginning further described as bearing S. 77°25′52″ E., a distance of 1780.35 feet from the northwest corner of section 7, T. 19 N., R. 20 E., M. D. B. & M.; thence S. 0°02′50″ W., along the west boundary of said maintenance yard a distance of 250.75 feet to a point; thence N. 56°30′50″ W. a distance of 353.16 feet to a point on the aforesaid southerly right-of-way line of the Southern Pacific railroad; thence N. 79°15′40″ E. along said right-of-way line a distance of 300.00 feet to the point of beginning, containing an area of 0.848 of an acre, more or less.
Sec. 2. The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to convey to the state department of highways a right of way over and upon two pieces or parcels of land being a portion of the S 1/2 of the NE 1/4 of section 7, T. 19 N., R. 20 E., M. D. B. & M., in Washoe County, Nevada, more particularly described by metes and bounds as follows:
Parcel No. 1
Beginning at the intersection of the northerly county road fence line with the westerly boundary line of the property of the Nevada state hospital for mental diseases at a point which is 26.82 feet left or northerly of and at right angles to highway engineers station O 63+48.00 P. O. T.; said point of beginning further described as bearing N. 88°34′47″ E. a distance of 2426.19 feet from the west one-quarter corner of said section 7; thence N. 0°53′06″ W. along said westerly boundary line a distance of 8.18 feet to a point on the left or northerly thirty-five (35) foot highway right-of-way line; thence N. 89°06′54″ E. along said right-of-way line a distance of 682.00 feet to a point; thence S. 0°53′06″ E. a distance of 10.97 feet to a point on the aforesaid northerly county road fence line; thence S. 89°21′00″ W. along said fence line a distance of 682.00 feet to the point of beginning, containing an area of 0.150 of an acre, more or less.
Parcel No. 2
Beginning at a point on the northerly county road right-of-way line which point is 19.00 feet left or northerly of and at right angles to highway engineers station B 74+45.00 P. O. T.; said point of beginning further described as bearing N. 88°59′19″ E. a distance of 3623.41 feet from the west one-quarter corner of said section 7; thence N. 0°19′42″ E. a distance of 11.00 feet to a point on the left or northerly thirty (30) foot highway right-of-way line; thence S. 89°40′18″ E. along said right-of-way line a distance of 1248.20 feet to a point; thence S. 89°38′08″ E. along said right-of-way line a distance of 270.32 feet to a point on the easterly boundary line of the property of said Nevada state hospital for mental diseases; thence S. 0°21′52″ W. along said boundary line a distance of 4.27 feet to a point on the aforesaid northerly county road right-of-way and fence line; thence west along said line a distance of 270.31 feet to a point; thence N. 89°54′06″ E. along said line a distance of 1248.22 feet to the point of beginning, containing an area of 0.219 of an acre, more or less.
κ1949 Statutes of Nevada, Page 45 (CHAPTER 34, AB 78)κ
Containing in Parcels Nos. 1 and 2 a total area of 0.369 of an acre, more or less.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 56Mr. MacKenzie.
CHAPTER 35
AN ACT to amend an act entitled An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers, and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act, and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931.
[Approved March 8, 1949]
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 3534.11, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
Section 12. (a) The department shall furnish to every owner whose vehicle shall be registered one number plate for a motorcycle or semitrailer and two number plates for every other motor vehicle and trailer. The commissioner shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this act.
(b) Every number plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, also the name of the state, which may be abbreviated, and the year number for which issued, and shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.
(c) The department shall issue for every passenger motor vehicle rented without a driver, the same type of number plates as the type of plates issued for private passenger vehicles.
(d) The department shall furnish to the county assessor in the applicable county wherein resides a United States senator or congressman, a special license plate or plates showing on the face thereof, U. S. S. 1, in the case of the senior senator, U. S. S. 2, in the case of the junior senator, and M. C. 1, in the case of the congressman. The county assessor shall issue the said licenses described to the members of congress on the payment of the license fees as authorized by law.
κ1949 Statutes of Nevada, Page 46 (CHAPTER 35, AB 56)κ
the members of congress on the payment of the license fees as authorized by law.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 90Mr. Humphrey.
CHAPTER 36
AN ACT to exempt manufacturers and dealers of motor vehicles having established places of business in the State of Nevada from the motor convoy license requirements and the payment of the fees therefor, and repealing certain parts of acts in conflict herewith.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 16(a) of the motor vehicle registration act of 1931, being section 4435.15(a), 1929 N. C. L., 1941 Supp., and the provisions of section 2 (g) and (j) of the motor vehicle carriers licensing act of 1937, being section 4437.01 (g) and (j), 1929 N. C. L. 1941 Supp., as amended by chapter 219, Statutes of 1945, each said sections relating to motor convoy carriers as defined therein, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in said chapter 219, Statutes of 1945, having an established place of business in this state to operate, drive, or tow any such motor vehicles over and along the public highways of this state, when such motor vehicles are to be sold, exchanged, or stored for the purpose of sale or exchange, without first securing from the public service commission the certificate and paying the motor convoy fee therefor; provided, no such manufacturer or dealer shall operate, drive, or tow any such motor vehicle unless there is attached thereto the motor vehicle dealers license plates now required by law of all such manufacturers and/or dealers.
Sec. 2. Section 4435.15(a), 1929 N. C. L. 1941 Supp., and section 4437.01(g) and (j), 1929 N. C. L. 1941 Supp., as amended by chapter 219, Statutes of 1945, insofar as the provisions thereof with respect to the convoying of motor vehicles by manufacturers and dealers having established places of business in this state are in conflict with the provisions of this act, are and each of them is hereby repealed.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 47κ
Assembly Bill No. 109Elko County Delegation.
CHAPTER 37
AN ACT to amend an act entitled An act granting a franchise to Elko-Lamoille Power Company, a corporation organized under the laws of the State of Nevada, its successors and assigns, to construct, maintain and operate an electric light, heat, and power line and a telephone line in connection therewith, from Lamoille Creek, in Elko County, to and into the town of Elko, along, across, and under the highways, streets, alleys, and certain lands between said termini, approved March 12, 1913, as amended.
[Approved March 8, 1949]
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 chapter 82, Statutes of Nevada 1913, page 105, as amended by chapter 79, page 105, Statutes of Nevada 1927, is hereby amended to read as follows:
Section 4. The term of the franchise created by section 1 of said act, and as extended by section 1 of this act, is hereby extended for an additional period of [twenty-five] fifty years after the expiration of the franchise created by said act of March 12, 1913.
Sec. 2. The extension in time created by section 1 of this act shall be subject to all of the conditions and limitations created by sections 1, 2, and 3, of the above-entitled act, being chapter 82, page 105, Statutes of Nevada 1913, as amended by chapter 79, page 105, Statutes of Nevada 1927.
Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 3Mr. Boak.
CHAPTER 38
AN ACT providing the manner of the nomination and election of presidential electors by state political conventions, and repealing sections 4768 and 4769 Nevada Compiled Laws 1929.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Each political party in this state, qualified by law to place upon the general election ballot candidates for the office of president and vice president of the United States in the year when they are to be elected, shall at the state convention of such party held in such year choose from the qualified electors, who are legally registered members of such party, the number of presidential electors required by law and no more, who shall be nominated by the delegates at said convention. Upon the nomination thereof, the chairman and secretary of the convention shall certify the names and addresses of such nominees to the secretary of state who shall record such names in his office as the presidential elector nominees of that party.
κ1949 Statutes of Nevada, Page 48 (CHAPTER 38, AB 3)κ
nominees to the secretary of state who shall record such names in his office as the presidential elector nominees of that party.
Sec. 2. No presidential electors shall be nominated at the primary election. The names of the presidential elector nominees chosen at the state convention, as provided in section 1 of this act, shall not be placed upon the general election ballot; provided, the presidential elector nominees of the party whose candidates for president and vice president of the United States shall be elected shall be deemed the elected presidential electors and thereafter they shall perform the duties of presidential electors required by law and the constitution of the United States. The governor upon the said election of such presidential electors shall grant each of them a certificate and commission of election.
Sec. 3. The secretary of state shall give notice to each state convention of the qualified political parties of the required nomination and election of presidential electors in this act provided.
Sec. 4. That section 4768 and section 4769 Nevada Compiled Laws 1929, be, and each of them is, hereby repealed.
________
Senate Bill No. 60Senator Munk.
CHAPTER 39
AN ACT to amend an act entitled An act authorizing the establishment of a postwar reserve fund by counties, cities, towns and school districts; providing for the investment of funds therefrom, and other matters properly related thereto, approved March 27, 1945.
[Approved March 8, 1949]
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 chapter 234, Statutes of Nevada 1945, as amended by chapter 49, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 2. The governing body of any such political subdivision may include in the annual budget or estimate of amounts required to meet the public expenses of such subdivision for the ensuing year such sum as it may deem necessary for the uses and purposes of the fund, specifying the particular purpose for which such sum shall be used. Such sum may be included in the annual tax levy or assessment of the political subdivision, within the limits of and as provided by law. The moneys in said fund may be allowed to accumulate from year to year until but not beyond the tax year [1949] 1951; provided, that in counties having a population of not more than 2,800 persons as shown by the census of 1940, such counties may, within the interval of time provided herein, accumulate a fund for the purpose of constructing or making additions to a county high school by the levy of an annual special tax not to exceed thirty-five (35) cents on the one hundred dollars of assessed valuation of the county. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those specified and for which the levies were made.
κ1949 Statutes of Nevada, Page 49 (CHAPTER 39, SB 60)κ
said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those specified and for which the levies were made. No sum shall be budgeted for a postwar reserve fund by any county or school district which shall have the effect of depriving an incorporated city of the benefit of its maximum statutory tax rate without the consent of the governing board of said city.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 6Senator Horlacher.
CHAPTER 40
AN ACT to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved March 8, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 31 of the act mentioned in the title of this act, being section 2468 N. C. L. 1929, as amended, is hereby amended to read as follows:
Section 31. There shall be allowed out of the county treasury of such county to each inspector and each clerk of election [five] six dollars [per diem] per day or shift (except that precinct election foremen, when and if appointed under section 2 of this act as amended by chapter 144, page 474, Statutes of 1947, shall each receive six dollars per shift for two shifts), but in no case to exceed twenty dollars for all services required by law to be performed by each of them at any one election. And to the person carrying the poll books from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning, to be paid out of the county treasury.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
________
Assembly Bill No. 154Committee on Education.
CHAPTER 41
AN ACT authorizing an additional and supplemental transfer of funds from the general fund to the state distributive school fund upon certain terms and conditions, and making an appropriation therefor.
[Approved March 9, 1949]
Whereas, Due to the unprecedented increase in school attendance during the past two years, the funds provided by the 1947 session of the Nevada legislature are inadequate to meet the state pupil and state teacher apportionments, provided by chapter 63, Statutes of Nevada 1947, for elementary schools for the last half of the school year 1948-1949; and
κ1949 Statutes of Nevada, Page 50 (CHAPTER 41, AB 154)κ
Nevada 1947, for elementary schools for the last half of the school year 1948-1949; and
Whereas, At the time the legislature met in 1947, apportionments were based on an average daily attendance of 14,642 pupils, and by July 1948 apportionments were due for 16,751 pupils; and
Whereas, The trend of population in four of the larger school districts of the state, namely, Las Vegas, Henderson, Hawthorne, and Reno, could not be accurately determined in March 1947, since the future of McCarran field, the Basic magnesium plant, the Naval ammunition depot, and the Reno army air base were matters of pure conjecture; and
Whereas, On the basis of 831 teachers and 14,642 pupils, one million seven hundred and nine thousand two hundred and ninety-seven dollars ($1,709,297) would have been required for each of the years 1947-1948 and 1948-1949; and
Whereas, The 892 teachers and 15,875 pupils for whom apportionments were required in 1947-1948 and the 938 teachers and 16,751 pupils for whom apportionments are to be provided in 1948-1949 require one million eight hundred and thirty-seven thousand three hundred dollars ($1,837,300) and one million nine hundred and thirty-two thousand nine hundred and sixty-six dollars ($1,932,966), respectively, a total increase for the present biennium of three hundred and fifty-one thousand six hundred and seventy-two dollars ($351,672); and
Whereas, The estimated increase in apportionment needs of one hundred thousand dollars ($100,000) reflected in the three million dollar ($3,000,000) transfer made by the 1947 legislature was, therefore, two hundred forty-five thousand, ninety-nine and 17/100 dollars ($245,099.17) short of the increase occasioned by the actual increase in school enrollment; and
Whereas, If the 1947 legislature had appropriated an amount larger than three million dollars ($3,000,000) for the elementary schools of Nevada, it probably would have been necessary to find additional sources of revenue; and
Whereas, Various sources of revenue supplying the general fund have produced more than expected, and consequently there is sufficient money in the general fund to meet the requirements of the apportionment formula as provided by law; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There shall be transferred from the general fund of the State of Nevada to the state distributive school fund not more than two hundred forty-five thousand, ninety-nine and 17/100 dollars ($245,099.17) as in this act provided. The superintendent of public instruction during the month of January 1949, shall certify to the state treasurer and the state controller, for the support of the state distributive school fund for the current semiannual period, the amount necessary to comply with the requirements of that certain act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, commonly known as the 1947 Nevada school code.
κ1949 Statutes of Nevada, Page 51 (CHAPTER 41, AB 154)κ
repealing certain acts and parts of acts relating thereto, commonly known as the 1947 Nevada school code.
Sec. 2. For the purpose of making the transfer mentioned in the preceding section, there is hereby appropriated out of the general fund of the State of Nevada the sum of two hundred forty-five thousand, ninety-nine and 17/100 dollars ($245,099.17).
Sec. 3. This act shall become effective immediately upon passage and approval.
________
Senate Bill No. 21Committee on Judiciary.
CHAPTER 42
AN ACT relating to personal injury actions and other matter properly relating thereto.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In cases where a wife sustains personal injuries by reason of the negligence of another, suit may be brought by the husband and wife jointly or separately at their option. When brought jointly, damages shall be segregated and those damages assessed by reason of personal injuries and pain and suffering shall be awarded to and belong to the wife, and damages assessed for loss of services and for hospital and medical expenses and other care shall be awarded to the husband. In cases where the wife sues separately, all damages sustained by the wife shall be awarded to and belong to the wife.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Senate Bill No. 24Committee on Judiciary.
CHAPTER 43
AN ACT to amend an act entitled An act to exempt the homestead and other property from forced sale in certain cases, approved March 6, 1865.
[Approved March 9, 1949]
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 3315, 1929 N. C. L., is hereby amended to read as follows:
Section 1. The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding in value [five] ten thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any court, for any debt or liability contracted or incurred after November thirteenth, in the year of our Lord one thousand eight hundred and sixty-one, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage thereon executed and given by both husband and wife, when that relation exists.
κ1949 Statutes of Nevada, Page 52 (CHAPTER 43, SB 24)κ
for any debt or liability contracted or incurred after November thirteenth, in the year of our Lord one thousand eight hundred and sixty-one, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage thereon executed and given by both husband and wife, when that relation exists. Said selection shall be made by either the husband or wife or both of them, or other head of a family, declaring their intention in writing to claim the same as a homestead. Said declaration shall state when made by a married person or persons that they or either of them are married, or if not married, that he or she is the head of a family, and they or either of them, as the case may be, are, at the time of making such declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing said premises, and that it is their intention to use and claim the same as a homestead, which declaration shall be signed by the party or parties making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded; and from and after the filing for record of said declaration, the husband and wife shall be deemed to hold said homestead as joint tenants; provided, that if the property declared upon as a homestead be the separate property of either spouse, both must join in the execution and acknowledgment of the declaration; and if such property shall retain its character of separate property until the death of one or the other of such spouses, then and in that event the homestead right shall cease in and upon said property, and the same belong to the party (or his or her heirs) to whom it belonged when filed upon as a homestead; and provided further, that tenants in common may declare for homestead rights upon their respective estates in lands, and the improvements thereon; and hold and enjoy homestead rights and privileges therein, subject to the rights of their cotenants, to enforce partition of such common property as in other cases of tenants in common.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 53κ
Senate Bill No. 48Committee on Judiciary.
CHAPTER 44
AN ACT providing for the disposition of property of decedents where there is not sufficient evidence that said persons have died otherwise than simultaneously, to make uniform the law with reference thereto, and repealing certain acts in conflict therewith.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously the property of each person shall be disposed of as if he had survived, except as provided otherwise in this act.
Sec. 2. Where two or more beneficiaries are designated to take successively by reason of survivorship under another persons disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Sec. 3. Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Sec. 4. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Sec. 5. Where a husband and wife have died, leaving community property and there is no sufficient evidence that they have died otherwise than simultaneously, one-half of all the community property shall be distributed as if the husband had survived and the other one-half thereof shall be distributed as if the wife had survived, except as provided in section 4 hereof.
Sec. 6. This act shall not apply to the distribution of the property of a person who has died before it takes effect.
Sec. 7. This act shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this act.
Sec. 8. This act shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
κ1949 Statutes of Nevada, Page 54 (CHAPTER 44, SB 48)κ
Sec. 9. This act may be cited as the uniform simultaneous death act.
Sec. 10. Subdivision or subparagraph 40 of section 558g of section 1 of an act entitled An act to amend an act entitled An act to regulate proceedings in civil cases in this state and repeal all other acts in relation thereto, approved March 17, 1911, by adding thereto seven new sections to be numbered and designated sections 558a to 558g, inclusive, defining indirect evidence, inferences, and presumptions, and repealing all acts and parts of acts in conflict herewith, approved March 3, 1931, being subdivision or subparagraph 40 of section 9047.07, 1929 N. C. L., 1941 Supp., is hereby repealed insofar as the same may be in conflict with the provisions of this act.
Sec. 11. All laws or parts of laws insofar as they are inconsistent with the provisions of this act are hereby repealed.
Sec. 12. If any of the provisions of this act or the application thereof to any persons 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 provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 13. This act shall take effect immediately upon its passage and adoption.
________
Senate Bill No. 64Committee on Judiciary.
CHAPTER 45
AN ACT to amend an act entitled An act relating to marriage and divorce, approved November 28, 1861.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 25 of the above-entitled act, being section 9463, 1929 N. C. L., Supp. 1941, as amended by chapter 91, 1943 Statutes of Nevada, is hereby amended to read:
Section 25. In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children. The court may also set apart such portion of the husbands property for the wifes support and the support of their children as shall be deemed just and equitable. In the event of the death of either party or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court. In the event alimony has been awarded to the wife, or the court otherwise adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify the same, such alimony so awarded, such adjudication of property rights, and such agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation duly signed and acknowledged by the parties to such action, and in accordance with the terms thereof.
κ1949 Statutes of Nevada, Page 55 (CHAPTER 45, SB 64)κ
rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify the same, such alimony so awarded, such adjudication of property rights, and such agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation duly signed and acknowledged by the parties to such action, and in accordance with the terms thereof. If after the filing of the complaint, it shall be made to appear probable to the court or the judge in vacation, that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.
Sec. 2. All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed.
________
Assembly Bill No. 119Mr. Claiborne.
CHAPTER 46
AN ACT to amend an act entitled An act to provide for the incorporation of religious, charitable, literary, scientific, and other associations, approved March 2, 1867.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 3219, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 5. The district court of the county in which any such association or corporation shall have been constituted, on application by petition of the trustees thereof, if they shall deem it proper and beneficial to such association or corporation, shall make an order for the sale of any real estate belonging to such association or corporation and direct the application of the moneys arising from such sale to such uses as the said association or corporation, with the approval of such court, shall deem to be for the best interests of such association or corporation; and in like manner such court may make an order authorizing such association or corporation to mortgage, hypothecate, or give a deed of trust upon any of its real estate for such purposes as shall appear to be for the interest or benefit thereof. Any order made pursuant to the provisions of this section shall be subject to rehearing and to appeal to the supreme court, as in other civil cases; but a party having the right of such appeal may waive the same by filing such waiver in writing, and on filing the same the right to appeal shall not longer exist.
Sec. 2. This act shall become effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 56κ
Assembly Bill No. 84Mr. Cross.
CHAPTER 47
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 425 of the above-entitled act, being chapter 63 of the 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 425. [Arbor day is hereby established in the State of Nevada, and shall be fixed each year by proclamation of the governor at least one (1) month before the fixing of such date,] The last Friday in April of each year is hereby established as arbor day in the State of Nevada, and the governor shall proclaim the same at least one (1) month prior thereto, and it shall be observed with appropriate exercises by the public schools of this state.
Sec. 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 46Washoe County Delegation.
CHAPTER 48
AN ACT to amend an act entitled An act authorizing counties, school districts, and municipalities to reinvest in bonds of the United States of America unused funds authorized under bond issues, approved March 31, 1947.
[Approved March 9, 1949]
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 1, chapter 210, page 695, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 1. In any county, school district, or municipality having in reserve any unused funds creditable to the use of said political subdivisions through the issuance of bonds voted in regular course by the people of any such political subdivision, it shall be lawful until June 30, [1949] 1951, for the governing body of any such political subdivision to reinvest such unused funds in bonds of the United States of America.
Sec. 2. This act shall take effect upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 57κ
Assembly Bill No. 178Mr. McCuistion.
CHAPTER 49
AN ACT to amend 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, as amended.
[Approved March 9, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 1/2 of the above-entitled act, being chapter 84, Statutes of Nevada 1917, page 127, as amended by chapter 36, Statutes of Nevada 1947, page 43, is hereby amended to read as follows:
Section 5 1/2. The county clerk of the county of Elko shall be ex officio registry agent of the city of Elko, and for services performed as such agent shall be allowed by the board of supervisors and shall be paid out of the fund of said city the sum of fifteen cents per name for each and every elector registered. Said board of supervisors may also, at their discretion, and they shall, whenever a petition be presented to them signed by a majority of the qualified electors of said city, or whenever so directed by a majority vote in any election, appoint a city manager, provide his duties and authority and fix his compensation [, not to exceed three thousand six hundred ($3,600) dollars per year,] at a sum per year to be determined by the said board of supervisors, which shall be paid in the same manner as other claims against the city are paid. The city manager shall be the chief executive officer of the city. He shall be chosen by the board of supervisors solely on the basis of his qualifications for the position, taking into consideration his educational preparation, age, experience, executive and administrative ability, character and reputation, and in such selection the choice shall not be limited to inhabitants of the city nor of the state. The city manager shall be appointed for an indefinite period, and he may be removed by the board of supervisors. If removed at any time after having served six months, he may demand written charges and a public hearing on the same before the board of supervisors prior to the date on which his final removal shall take effect, but during said interval the board of supervisors may suspend him from office. During the absence or disability of the city manager the board of supervisors shall designate some properly qualified person to perform the duties of the office. The city manager shall be responsible to the city supervisors for the proper administration of all affairs of the city, and to that end shall make all appointments, with the consent and approval of a majority of the city council, except as otherwise provided in this charter. Except when the city supervisors are considering his removal, the city manager shall be entitled to be present at all meetings of the city supervisors and of their committees and to take part in their discussions. Neither the board of city supervisors nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service.
κ1949 Statutes of Nevada, Page 58 (CHAPTER 49, AB 178)κ
any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the supervisors and its members shall deal with the administrative service solely through the city manager, and neither the board of supervisors nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. And such dictation, prevention, orders, or other interference on the part of a member of the board of supervisors with the administration of the city shall be deemed to be a misdemeanor, and any member upon conviction thereof shall be subject to a fine not exceeding $100 or to removal from office, or to both such fine and removal. In the event that a city manager be employed, the duties of the city supervisors as heads of departments shall cease during the period of such employment and be subservient to the provisions of this section.
Said board of supervisors may also, at their discretion, appoint a city engineer and define his duties. Such appointee shall be a registered and competent engineer and his appointment shall be solely upon the basis of his qualifications as an engineer, said supervisors being the sole judges of his qualifications. Said board of supervisors may, at their discretion, combine the positions of city manager and city engineer and may fix the compensation for such combined position in a sum [not to exceed six thousand ($6,000)] per year to be determined by said board of supervisors, which shall be paid in the same manner as other claims against the city are paid. The appointee to said combined position shall be subject to all of the provisions herein applicable to the city manager.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 59κ
Assembly Bill No. 33Mr. Tomlinson.
CHAPTER 50
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada; defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties, and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 14, 1949]
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 1929 N. C. L., 1941 Supp., sec. 3656.04, is hereby amended to read as follows:
Section 5. Insurance and insurance business shall be classified as follows:
Class 1. Life, Accident, and Health
(a) Life. Insurance on the lives of persons, and every insurance appertaining thereto or connected therewith and granting, purchasing, or disposing of annuities. Policies of life or endowment insurance or annuity contracts, or contracts supplemental thereto which contain provisions for additional benefits in case of death by accidental means, and provisions operating to safeguard such policies or contracts against lapse, or to give a special surrender value, or special benefit or an annuity, in the event that the insured or annuitant shall become totally and permanently disabled as defined by the policy or contract, shall be deemed to be policies of life or endowment insurance, or annuity contracts within the intent of this clause.
(b) Accident and Health. Insurance against bodily injury, disablement, or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.
Class 2. Casualty, Fidelity, and Surety
(a) Accident and Health. Insurance against bodily injury, disablement, or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.
(b) Motor Vehicle and Aircraft Insurance. Insurance against loss of or damage resulting from any cause to motor vehicles or aircraft and their equipment, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance, or use of motor vehicles or aircraft, and against loss, damage, or expense incident to a claim of such liability.
κ1949 Statutes of Nevada, Page 60 (CHAPTER 50, AB 33)κ
maintenance, or use of motor vehicles or aircraft, and against loss, damage, or expense incident to a claim of such liability.
(c) Liability. Insurance against the liability of the insured for the death, injury, or disability of an employee or other person, and insurance against the liability of the insured for damage to or destruction of another persons property.
(d) Burglary and Theft. (1) Insurance against loss of or damage to any property resulting from burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation or wrongful conversion, disposal or concealment by any person or persons, or from any attempt at any of the foregoing, and (2) insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers or documents, resulting from any cause, except while in the custody or possession of and being transported by any carrier for hire or in the mail [.], and (3) insurance of individuals by means of an all-risk type of policy commonly known as the personal property floater against any kind and all kinds of loss of or damage to, or loss of use of, any personal property other than merchandise.
(e) Glass. Insurance against loss of or damage to glass and its appurtenances resulting from any cause.
(f) Fidelity and Surety. (a) Guaranteeing the fidelity of persons holding positions of public or private trust; (b) becoming surety on, or guaranteeing the performance of, any lawful contract except the following: (1) A contract of indebtedness secured by title to, or mortgage upon, or interest in, real or personal property; (2) a bond or undertaking of the kind specified in subparagraph (c); (3) any insurance contract except as authorized pursuant to section 72; (c) becoming surety on, or guaranteeing the performance of, bonds and undertakings required or permitted in all judicial proceedings or otherwise by law allowed, including surety bonds accepted by states and municipal authorities in lieu of deposits as security for the performance of insurance contracts; (d) guaranteeing contracts of indebtedness secured by any title to, or interest in, real property, only to the extent required for the purpose of refunding, extending, refinancing, liquidating, or salvaging obligations heretofore lawfully made and guaranteed; (e) indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debts, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also against loss or damage to such an insureds premises, or to his furnishings, fixtures, equipment, safes and vaults therein, caused by burglary, robbery, theft, vandalism, or malicious mischief, or any attempt thereat.
(g) Miscellaneous. Insurance against loss or damage to property and any liability of the insured caused by accidents to boilers, pipes, pressure containers, machinery, and apparatus of any kind and any apparatus connected thereto, or used for creating, transmitting, or applying power, light, heat, steam, or refrigeration, making inspection of and issuing certificates of inspection upon elevators, boilers, machinery, and apparatus of any kind and all mechanical apparatus and appliances appertaining thereto; insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing, and all tanks, apparatus, conduits, and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform, or supports, or against loss or damage from any cause (other than causes specifically enumerated under class 3 of this section) to such sprinkler, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers; insurance against loss or damage which may result from the failure of debtors to pay their obligations to the insured and insurance of the payment of money for personal services under contracts of hiring.
κ1949 Statutes of Nevada, Page 61 (CHAPTER 50, AB 33)κ
pressure containers, machinery, and apparatus of any kind and any apparatus connected thereto, or used for creating, transmitting, or applying power, light, heat, steam, or refrigeration, making inspection of and issuing certificates of inspection upon elevators, boilers, machinery, and apparatus of any kind and all mechanical apparatus and appliances appertaining thereto; insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing, and all tanks, apparatus, conduits, and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform, or supports, or against loss or damage from any cause (other than causes specifically enumerated under class 3 of this section) to such sprinkler, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers; insurance against loss or damage which may result from the failure of debtors to pay their obligations to the insured and insurance of the payment of money for personal services under contracts of hiring.
(h) Other Casualty Risks. Insurance against any other casualty risk not otherwise specified under classes 1 or 3, which may lawfully be the subject of insurance and may properly be classified under class 2.
(i) Contingent Losses. Contingent, consequential, and indirect coverages wherein the proximate cause of the loss is attributable to any one of the causes enumerated under class 2. Such coverages shall, for the purpose of classification, be included in the specific grouping of the kinds of insurance wherein such cause is specified.
(j) Workmens Compensation and Employers Liability Insurance. Insurance against the legal liability, whether imposed by common law or by statute or assumed by contract, of any employer for the death or disablement of, or injury to, his or its employee.
Class 3. Fire and Marine, Etc.
(a) Fire. Insurance against loss or damage by fire, smoke and smudge, lightning, or other similar disturbances.
(b) Elements. Insurance against loss or damage by earthquake, windstorm, cyclone, tornado, tempests, hail, frost, snow, ice, sleet, flood, rain, drought, or other weather or climatic conditions including excess of deficiency of moisture, rising of the waters of the ocean or its tributaries.
(c) War, Riot, and Explosion. Insurance against loss or damage by bombardment, invasion, insurrection, riot, strikes, civil war or commotion, military or usurped power, or explosion.
(d) Marine and Transportation. Insurance against loss or damage to vessels, craft, aircraft, vehicles of every kind (excluding vehicles operating under their own power or while in storage not incidental to transportation), as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry, and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any or all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders risks and all personal property floater risks; and for loss or damage to persons or property in connection with or appertaining to marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance (but not including life insurance or surety bonds); but, except as hereby specified, shall not mean insurances against loss by reason of bodily injury to the person; and insurance against loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise, which shall include jewelers block insurance; and insurance against loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion are the only hazards to be covered; and to piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion; and to other aids to navigation and transportation, including dry docks and marine railways, against all risk.
κ1949 Statutes of Nevada, Page 62 (CHAPTER 50, AB 33)κ
risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders risks and all personal property floater risks; and for loss or damage to persons or property in connection with or appertaining to marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance (but not including life insurance or surety bonds); but, except as hereby specified, shall not mean insurances against loss by reason of bodily injury to the person; and insurance against loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise, which shall include jewelers block insurance; and insurance against loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion are the only hazards to be covered; and to piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion; and to other aids to navigation and transportation, including dry docks and marine railways, against all risk.
(e) Vehicle. Insurance against loss or liability resulting from or incident to the ownership, maintenance, or use of any vehicle (motor or otherwise) draft animal, or aircraft, excluding the liability of the insured for the death, injury, or disability of another person.
(f) Property Damage, Sprinkler Leakage, and Crop. Insurance against the liability of the insured for loss or damage to another persons property or property interests from any cause enumerated in this class; insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing and all tanks, apparatus, conduits and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform or supports or against loss or damage from any cause to such sprinklers, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers; insurance against loss or damage from insects, diseases or other causes to trees, crops, or other products of the soil.
(g) Other Fire and Marine Risks. Insurance against any other property risk not otherwise specified under classes 1 or 2, which may lawfully be the subject of insurance and may properly be classified under class 3.
(h) Contingent Losses. Contingent, consequential, and indirect coverages wherein the proximate cause of the loss is attributable to any of the causes enumerated under class 3.
κ1949 Statutes of Nevada, Page 63 (CHAPTER 50, AB 33)κ
any of the causes enumerated under class 3. Such coverages shall, for the purposes of classification, be included in the specific grouping of the kinds of insurance wherein such cause is specified.
Sec. 2. This act shall become effective immediately after its passage and approval.
________
Assembly Bill No. 141Committee on Ways and Means.
CHAPTER 51
AN ACT to amend an act entitled An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts in this state in conflict herewith; and other matters relating thereto, enacted November 7, 1944.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15 of the above-entitled act, being section 5158.14 Nevada Compiled Laws, 1945 Supplement, is hereby amended to read as follows:
Section 15. The funds to pay for the states participation in old-age assistance under this act shall be [raised by the levy and collection of an ad valorem tax upon all the taxable property in this state, including the net proceeds of mines,] provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the states one-fourth (1/4) of the total amount of such old-age assistance and administration thereof, as provided for in this act. [and shall be included in the state tax levy for each fiscal year hereafter unless and until otherwise provided by law. The state taxes so levied shall be collected and transmitted to and deposited in the state treasury in the same manner as now provided by law for the collection, transmission and deposit of other state taxes. The state treasurer shall, immediately upon receipt of any moneys so received by such taxation and bond issue, or either of them, place the same in a] Such fund in the state treasury [to] shall be known and designated as State Old-Age Assistance Fund, out of which the states portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided.
κ1949 Statutes of Nevada, Page 64 (CHAPTER 51, AB 141)κ
of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 143Committee on Ways and Means.
CHAPTER 52
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the sale of cigarettes into and within the State of Nevada; to provide for the issuance of wholesalers licenses; to impose a stamp tax on the sale of cigarettes, to provide for state licenses, designating the type of license to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters properly relating thereto; to provide penalties for the violation thereof, and to repeal all acts or parts of acts in conflict herewith, approved March 27, 1947.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 11 of the above-entitled act is hereby amended to read as follows:
[Section 11. Five percent of the revenue derived from the provisions of this act, or so much thereof as may be necessary, shall be set aside by the Nevada tax commission, as collected, for the payment of the cost of administration of the provisions of this act; on June 30 of each year all unexpended funds so set aside in excess of one thousand ($1,000) dollars shall be placed in the general fund of the State of Nevada.]
Section 11. All revenues required to be paid to the state under this act shall be paid to the Nevada tax commission in the form of remittances payable to the Nevada tax commission of the State of Nevada. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund. The money in the cigarette tax fund shall, upon order of the controller, be drawn therefrom for refunds under this act, and all money in the fund in excess of one thousand dollars ($1,000) shall be transferred to the general fund of the state on or before the last day of the month following each quarterly period of three months. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
κ1949 Statutes of Nevada, Page 65 (CHAPTER 52, AB 143)κ
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 145Committee on Ways and Means.
CHAPTER 53
AN ACT to amend an act entitled An act concerning public schools of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 388 of the above-entitled act is hereby amended to read as follows:
Section 388. Report of Actuary To Be Basis of Future Appropriations To Be Requested. The results of the actuarial and statistical valuations and investigations referred to in section 387 hereof shall be used by the board as a basis for determining the amounts of appropriations to be asked for the board from the state, from time to time, in order to meet: (1) administrative expenses, (2) the states share of the cost of the retirement salaries to be provided under this school code, and (3) the state annuities to be provided under this school code; provided, however, that from and after the approval of this school code the contributions from the state shall consist of two (2) parts to be known, respectively, as the normal contribution and the accrued liability contribution, which contributions shall be made annually as follows:
(1) [For the years commencing January 1, 1943, and January 1, 1944, respectively,] The normal contribution from the state shall consist of [the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, and thereafter the proceeds of an ad valorem tax which shall be] a direct legislative appropriation from the general fund calculated each biennium to yield an amount equal to two and one-quarter (2 1/4%) percent of the compensation earned for teaching services by all members of the retirement system during the fiscal year last preceding each biennium. [which tax shall be collected at the time and in the same manner as other state taxes are collected, and which shall continue to be so collected until changed by the legislature; provided, that the normal contribution shall not be less than the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state until such time as the accrued liability contribution shall be discontinued as hereinafter provided;]
(2) [For the years commencing January 1, 1943, and January 1, 1944, respectively, the accrued liability contribution from the state shall consist of the proceeds of an ad valorem tax of five (5) mills on the hundred dollars of all taxable property in the state; for the years commencing January 1, 1945, and January 1, 1946, respectively, the proceeds of an ad valorem tax of ten (10) mills on the hundred dollars of all taxable property in the state; for the year commencing January 1, 1947, and thereafter, the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, which tax shall be collected at the same time and in the same manner as other state taxes are collected and which shall continue to be so collected until changed by the legislature;] The accrued liability contribution from the state shall be in the form of a direct legislative appropriation from the general fund; provided, however, that whenever the accumulated reserve in the public school teachers permanent fund shall equal the present value, as actuarially computed and approved by the board, of the total liability of such fund less the present value of the prospective contributions from teachers who are then contributing to said fund as provided herein, the accrued liability contribution from the state shall be discontinued.
κ1949 Statutes of Nevada, Page 66 (CHAPTER 53, AB 145)κ
1944, respectively, the accrued liability contribution from the state shall consist of the proceeds of an ad valorem tax of five (5) mills on the hundred dollars of all taxable property in the state; for the years commencing January 1, 1945, and January 1, 1946, respectively, the proceeds of an ad valorem tax of ten (10) mills on the hundred dollars of all taxable property in the state; for the year commencing January 1, 1947, and thereafter, the proceeds of an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property in the state, which tax shall be collected at the same time and in the same manner as other state taxes are collected and which shall continue to be so collected until changed by the legislature;] The accrued liability contribution from the state shall be in the form of a direct legislative appropriation from the general fund; provided, however, that whenever the accumulated reserve in the public school teachers permanent fund shall equal the present value, as actuarially computed and approved by the board, of the total liability of such fund less the present value of the prospective contributions from teachers who are then contributing to said fund as provided herein, the accrued liability contribution from the state shall be discontinued.
(3) It shall be the duty of said board to recommend to the legislature any change in such amount it deems necessary and advisable. The results of the actuarial and statistical valuations and investigations shall also be used by the board as a basis for the recommendations of the board as to modifications and amendments to the retirement system which may be deemed necessary to best serve the interests of the state and the members.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 146Committee on Ways and Means.
CHAPTER 54
AN ACT to amend the title of and to amend an act entitled An act creating the state board of control repair fund for the repair and the keeping in repair the state capitol building, the supreme court and library building, the governors mansion, the state printing office building, and the state water system, providing an annual tax to maintain such fund, and other matters properly relating thereto, approved March 28, 1941.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act is hereby amended to read as follows:
An act creating the state board of control repair fund for the repair and the keeping in repair the state capitol building, the supreme court and library building, the governors mansion, the state printing office building, and the state water system, [providing an annual tax to maintain such fund,] and other matters properly relating thereto.
κ1949 Statutes of Nevada, Page 67 (CHAPTER 54, AB 146)κ
building, and the state water system, [providing an annual tax to maintain such fund,] and other matters properly relating thereto.
Sec. 2. Section 3 of the above-entitled act, being section 7029.22 Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:
[Section 3. For the purpose of maintaining the state board of control repair fund there shall be levied and collected for the year commencing January 1, 1942, and each year thereafter an ad valorem tax of not to exceed one-half cent (1/2’) on each $100 of all taxable property in the state, including the net proceeds of mines and mining claims, which said tax when collected shall be paid into the state treasury and deposited in the state board of control repair fund.]
Sec. 3. Funds to carry out the provisions of this act shall be provided by direct legislative appropriation from the general fund.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 142Committee on Ways and Means.
CHAPTER 55
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada; to control, license and regulate the importation and sale of wines, beers and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers and wholesalers licenses; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; imposing an excise tax upon the privilege of importing, possessing, storing, or selling liquor; providing for the collection of the same; defining the word liquor and other terms in this act; to provide penalties for the violation thereof; and to repeal all acts and parts of acts in conflict herewith, approved March 30, 1935, as amended.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 21 of the above-entitled act, being section 3690.21 Nevada Compiled Laws, 1945 Supplement, is hereby amended to read as follows:
[Section 21. Five (5%) percent of the revenue derived from this act, or so much thereof as may be necessary, shall be set aside by the commission, as collected, for the payment of costs of litigation and administration incurred pursuant to the provisions of this act; provided, however, that all moneys in excess of three thousand ($3,000) dollars remaining in the amounts so set aside shall be placed in the general fund in the state treasury on June 30 of each year, together with any balances of revenues remaining in the hands of the commission over and above said three thousand ($3,000) dollars.]
κ1949 Statutes of Nevada, Page 68 (CHAPTER 55, AB 142)κ
with any balances of revenues remaining in the hands of the commission over and above said three thousand ($3,000) dollars.]
Section 21. All revenues required to be paid to the state under this act shall be paid to the Nevada tax commission in the form of remittances payable to the Nevada tax commission of the State of Nevada. The tax commission shall transmit the payment to the state treasurer to be deposited in the state treasury to the credit of the liquor tax fund. The money in the liquor tax fund shall, upon order of the controller, be drawn therefrom for refunds under this act, and all money in the fund in excess of three thousand dollars ($3,000) shall be transferred to the general fund of the state on or before the last day of the month following each quarterly period of three months. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 160Committee on State Library.
CHAPTER 56
AN ACT to amend an act entitled An act authorizing the governor of the state to appoint a private secretary, defining his duties, and fixing his compensation, approved March 10, 1865.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being section 7396 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 3. The governors private secretary shall demand and collect all fees which by law he is authorized to do for any service in connection with his office, and at the end of each and every month shall pay the same into the state treasury, for the use of the state [library] general fund, taking the treasurers receipt therefor, which he shall file with the state controller. Before the controller shall draw his warrant in favor of such private secretary, he shall require such private secretary to file his written statement, under oath, that he has paid over to the treasurer all fees collected by him for services as herein provided for. [; provided, that no warrant shall be issued to the present private secretary until he shall have paid over to the state treasurer the amount of fees already collected by him in the performance of his duties as such private secretary, and shall have certified the fact thereof to the controller in the manner above specified.]
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
κ1949 Statutes of Nevada, Page 69κ
Assembly Bill No. 161Committee on State Library.
CHAPTER 57
AN ACT to amend an act entitled An act to provide for the appointment of notaries public, and defining their duties, approved February 9, 1864.
[Approved March 14, 1949]
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 4715 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 2. Each notary public, before he enters upon the duties of his office, and at the time he receives his commission, shall pay to the secretary of state the sum of [ten] twenty-five dollars for the state [library] general fund, and shall take the official oath as prescribed by law, which oath shall be endorsed on his commission, and shall enter into a bond to the State of Nevada in the sum of two thousand dollars, to be approved by the district judge of the county for which said notary public may be appointed.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 162Committee on State Library.
CHAPTER 58
AN ACT to amend an act entitled An act empowering the governor to appoint commissioners of deeds, and to define their duties, approved February 4, 1865.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being section 1469 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 6. Before any commission shall be delivered to any appointee under the provisions of this act, a fee of [ten] twenty-five dollars on such commission, exclusive of other legal charges thereon, shall be paid therefor to the said secretary of state, and shall be accounted for by him and paid into the [library fund of this state, to be appropriated to the purchase of books therefor, in such manner as is or may be provided by law.] general fund of the State of Nevada.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
κ1949 Statutes of Nevada, Page 70κ
Senate Bill No. 22Committee on Judiciary.
CHAPTER 59
AN ACT to amend an act entitled An act relating to transfers in trust of estates in real property to secure the performance of an obligation for the payment of a debt and to provide that certain covenants, agreements, obligations, rights, and remedies thereunder may be adopted by reference, and other matters relating thereto, approved March 29, 1927.
[Approved March 14, 1949]
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 7710 1929 N. C. L., is hereby amended to read as follows:
Section 1. Transfers in trust of any estate in real property may hereafter be made to secure the performance of an obligation or the payment of any debt. Where any transfer in trust of any estate in real property is hereafter made to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security. Such power of sale shall not be exercised, however, until the grantor has for a period of fifteen days failed to make good his deficiency in performance or payment, and until the beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated, a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation and not less than three (3) months shall thereafter elapse before the making of such sale. The trustee, or other person authorized to make the sale under the terms of such trust deed or transfer in trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution; provided, however, that the sale itself may be so made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not. Every sale made under the provisions of this and subsequent sections of this act vests in the purchaser the title of the grantor without equity or right of redemption. Nothing herein shall be construed to affect or violate trust agreements now in force.
________
κ1949 Statutes of Nevada, Page 71κ
Senate Bill No. 23Committee on Judiciary.
CHAPTER 60
AN ACT to amend an act entitled An act to provide for and to regulate bills of exceptions in criminal cases, and repealing all acts or parts of acts in conflict herewith, approved March 18, 1947.
[Approved March 14, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act being section 3 of chapter 87, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 3. The court shall have the power [upon good cause being shown therefor] :
(a) To order that the bill of exceptions provided for in subdivision (1) of section 2 of this act be prepared at the cost and expense of the county wherein the case was tried [; and] if at first it be made to appear to the satisfaction of the court that defendant desires to appeal his case, based upon the advice of his counsel that he has good grounds for an appeal, and that he is without funds or property of any kind and is unable to procure sufficient funds with which to pay the costs of such bill of exceptions; and
(b) Upon good cause being shown therefor to grant extensions of time within which to perform any of the acts mentioned in this act.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Senate Bill No. 77Senators Tallman and Lemaire.
CHAPTER 61
AN ACT providing for the removal of beaver and beaver dams where said beaver and beaver dams obstruct the flow of water for beneficial use, constituting the state engineer and the state fish and game commission the agency for such removal and providing the necessary procedure therefor.
[Approved March 14, 1949]
Whereas, The number of beaver have increased in this state and have and do construct dams on many streams the water of which are necessary for irrigation; and
Whereas, In many instances the beaver dams so constructed materially interfere with the proper, lawful and necessary distribution of water for irrigation purposes; and
Whereas, The reasonable control of the beaver and the beaver dams is necessary in order to facilitate the distribution of said waters so necessary for the irrigation of lands and crops; and
Whereas, The state engineer in conjunction with the state fish and game commission will constitute an agency capable of perfecting reasonable methods of control of the beaver and beaver dams relative to the problem of irrigation and the water rights incident thereto; therefore,
κ1949 Statutes of Nevada, Page 72 (CHAPTER 61, SB 77)κ
game commission will constitute an agency capable of perfecting reasonable methods of control of the beaver and beaver dams relative to the problem of irrigation and the water rights incident thereto; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. On any stream system and its tributaries in this state the distribution of the waters of which are vested in the state engineer by law and/or the final decree of court, where beaver by the construction of dams or otherwise are found to be interfering with the lawful and necessary distribution of water to the proper users thereof, the state engineer upon complaint of an interested water user shall investigate or cause the investigation of the matter and, if satisfied that such beaver are interfering with the flow of water to the detriment of water users, he shall so notify in writing, served on the owner of the land, if it be privately owned, that the beaver thereon are interfering with or stopping the flow of water necessary for the proper serving of water rights and that the state fish and game commission will, unless objection in writing is made by the land owner within ten days of receipt of said notice to the removal of such beaver and file the same with the state engineer, remove such beaver or as many thereof as will rectify the existing conditions. Failure of the land owner to file such written objections shall be deemed a waiver thereof; provided, that upon receipt of said written objections the state engineer may make further investigation and may sustain or overrule the objections as the facts warrant. Upon the overruling of the objections the landowner may have the same received by the district court having jurisdiction of the land by filing therein a petition for review within ten days of the receipt of the order of the state engineer overruling such objections. The proceedings on the petition shall be informal and heard by the court at the earliest possible moment. Upon waiver of objections to the removal of beaver from his lands by the landowner, or upon final determination by the court that the beaver should be removed, the state engineer shall immediately notify the state fish and game commission thereof and it shall be the duty of such commission and/or its agents to enter upon the land from which the beaver are to be removed and remove the same or as many as may be necessary to prevent the improper flow of water as directed by the state engineer. Whenever the said commission and/or its agents shall trap any such beaver on privately owned lands pursuant to the provisions of this act, the furs or pelts thereof shall be disposed of and payment made to the owner of the land in accordance with section 75 of the fish and game act of 1947, the same being chapter 101, Statutes of 1947.
Sec. 2. It shall be lawful for the state engineer and his assistants and water commissioners and the state fish and game commission and its agents to enter upon privately owned lands for the purposes of investigating the conditions complained of and the removal and trapping of beaver. The state engineer shall have the power to remove or cause the removal of any beaver dam found to be obstructing the proper and necessary flow of water to the detriment of water users.
κ1949 Statutes of Nevada, Page 73 (CHAPTER 61, SB 77)κ
or cause the removal of any beaver dam found to be obstructing the proper and necessary flow of water to the detriment of water users.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 62Committee on Judiciary.
CHAPTER 62
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 15, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being section 3656.22, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
Section 23. (1) Upon complying with the provisions of this article, a foreign or alien company domiciled in any other state shall be permitted to enter this state; provided, that the qualifications for their admittance to do business in this state shall be equal to the present existing capital and/or surplus qualifications if any for a similar company entering the state in which such company is domiciled; and provided further, that the capital and/or surplus requirements of such company desiring to enter this state shall be at least equal to the capital and/or surplus requirements, if any, for similarly organized domestic companies under this act; and provided further, that any such company authorized to write insurance classified under this act as class 1(b) or class 2(a) section 5 on an assessment basis may be permitted to enter this state if it meets the following qualifications:
(a) Is authorized to operate on an assessment basis under the laws of the state of organization;
(b) Has been writing such insurance on this basis under the laws of the state of organization for a period of fifteen years;
(c) Has and maintains a loss reserve which is the equivalent of that required by section 102 of this act;
(d) Policy benefits do not exceed $15,000;
κ1949 Statutes of Nevada, Page 74 (CHAPTER 62, SB 62)κ
(e) Policy provisions are in accord with the requirements of article 12 of this act;
(f) Has not less than fifty policyholders who are residents of this state;
(g) Is financially responsible and has a good record on the payment of claims for the ten years immediately preceding application;
(h) Is and has been well managed for the ten years immediately preceding application;
(i) Provisions (g) and (h) above are certified to be the commissioner, director of insurance, or other chief insurance official of the state of organization. [and]
Provided further, that a nonprofit hospital association may be admitted subject to the provisions of this act upon statement from the proper state official that such hospital association has properly qualified under the laws of its state of domicile.
(2) No company not incorporated in the United States shall be permitted to transact an insurance business in this state unless the same shall have deposited or invested for the benefit of its policyholders or policyholders and creditors in the United States, in at least one (1) state, the sum equal to two hundred thousand ($200,000) dollars, in excess of its liabilities in the United States.
(3) No foreign or alien company shall transact in this state any insurance business not classified under section 5.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 41Senator Loomis.
CHAPTER 63
AN ACT regulating procedure in juvenile cases; providing for the establishment of detention homes in certain counties; providing juvenile divisions of the district courts of the state; and other matters properly related thereto and repealing all acts in conflict therewith.
[Approved March 15, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The district courts shall have and exercise jurisdiction in all cases under this act, and in the exercise of such jurisdiction, shall hold juvenile sessions and shall then be termed juvenile courts.
Sec. 2. When used in this act, unless the context otherwise requires:
a. The Court means the juvenile division of the district court.
b. The Judge means the judge of the juvenile division of the district court.
c. Child means a person less than eighteen years of age.
d. Adult means a person eighteen years of age or older.
e. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of the act.
κ1949 Statutes of Nevada, Page 75 (CHAPTER 63, SB 41)κ
Sec. 3. Except as otherwise provided herein, the court shall have exclusive original jurisdiction in proceedings:
1. Concerning any child living or found within the county:
a. Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical, or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody, or support.
b. Whose occupation, behavior, environment, or associations are injurious to his welfare.
c. Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
d. Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
e. Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
2. Concerning any person over the age of eighteen years and under the age of twenty-one years charged with having violated any provision of subdivision 1c of this section prior to having become eighteen years of age. Such a minor shall be dealt with under the provisions of this act relating to children.
3. For the care or commitment to an institution of a mentally defective or mentally disordered child.
Nothing contained in this act shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
Sec. 4. If, during the pendency of a criminal or quasi-criminal charge, except in a capital offense, against any person in any court, it shall be ascertained that the person was under the age of eighteen years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case and record to the juvenile division. The court making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division or to that court itself, or release such child to the custody of some suitable person, to be brought before the court at a time designated.
Sec. 5. Whenever any person over the age of eighteen years and under the age of twenty-one years is accused of a felony and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging said person with the commission of said felony, the judge may, at his discretion and with consent of the accused, or upon his request, arrest such proceeding at the time of the arraignment or at any time previous to the impanelment of the jury, except where the crime charged is a capital offense or an attempt to commit a capital offense. The judge may proceed to investigate the charge against the defendant and may order the probation officer to investigate all facts and circumstances necessary to assist the judge in determining the proper disposition to be made of said person.
κ1949 Statutes of Nevada, Page 76 (CHAPTER 63, SB 41)κ
to assist the judge in determining the proper disposition to be made of said person. The judge shall thereupon determine whether said person shall be dealt with under the provisions of this act.
If the judge is satisfied upon such an investigation that said person should be dealt with under this act, it may make such order as herein provided for the disposition of a child under the age of eighteen years.
If no request is made by the defendant for proceeding under this statute, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceeding under this statute, said case shall proceed in the ordinary manner.
Sec. 6. Where jurisdiction shall have been obtained by the court in the case of any child, the court shall retain jurisdiction of said child until it reaches the age of 21 years.
Sec. 7. If a child sixteen years of age or older is charged with an offense which would be a felony if committed by an adult, the court, after full investigation, may in its discretion retain jurisdiction or certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult; but no child under sixteen years of age shall be so certified.
Sec. 8. The judge, in his discretion, may appoint any person qualified by previous experience, training, and demonstrated interest in youth welfare as referee. The referee, upon the order of the judge in proceedings arising under the provisions of this act, may swear witnesses and take evidence.
The compensation of such referee in juvenile sessions shall not be taxed against the parties, but when fixed by the judge shall be paid out of appropriations made for the expenses of the district court.
The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by such referee in the same manner as in the district court. Within ten days after the evidence before him is closed, the referee shall file with the judge all papers relating to the case, also written findings of fact and recommendations.
Notice in writing of the referees findings and recommendations, together with the notice of right of appeal as provided herein, shall be given by the referee, or someone designated by him, to the parent, guardian, or custodian, if any, of the child, or to any other person concerned. A hearing by the court shall be allowed upon the filing with the court by such person of a request for such hearing, provided that the request is filed within five (5) days after the giving of such notice. In case no hearing by the court is requested, the findings and recommendations of the referee, when confirmed or modified by an order of the court, become a decree of the court.
Sec. 9. The judge or judges of the court in each judicial district shall, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge shall fill all vacancies occurring in such committee within thirty (30) days after the occurrence of the vacancy. The clerk of such court shall immediately notify each person appointed to the committee. Said person shall appear before the appointing judge within ten (10) days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of said committee.
κ1949 Statutes of Nevada, Page 77 (CHAPTER 63, SB 41)κ
appointing judge within ten (10) days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of said committee. The members of such committee shall hold office for three years, provided that of those first appointed, one shall be appointed for a term of one year, two for terms of two years, and two for terms of three years. Thereafter, all appointments shall be for a term of three years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of said probation committee may be removed for cause at any time by the judge. The duties of the said probation committee shall be the following:
a. The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children, now or hereafter established by boards of county commissioners.
b. Upon the request of the judge, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies, and corporations (except state institutions or agencies) applying for or receiving children under this act. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions, and recommendations to the judge.
c. The probation committee shall prepare an annual report of its activities, investigations, findings, and recommendations in connection therewith. Such reports shall be submitted to the court and filed as a public document, with the clerk of the court.
d. The judge shall, in cooperation with the probation committee, set up policies and procedures, establishing standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home, except as hereinafter provided.
e. The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home. Such examinations shall have reference to the necessary ability, education, and special aptitudes for the work to which they are to be assigned.
f. The probation committee shall approve or disapprove the appointment of such employees as it deems necessary for the operation and management of the detention home. Any such employees are subject to discharge by the judge.
g. The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 10. The judge or judges of each judicial district shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer.
κ1949 Statutes of Nevada, Page 78 (CHAPTER 63, SB 41)κ
them shall be designated as chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee. Probation officers and employees may be removed, discharged, or reduced in position only after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the judge in answer thereto.
Whenever the judge serves two or more counties, probation officers may be appointed to serve said counties jointly, and the salaries and expenses of such probation officers shall be allocated between said counties by the judge thereof.
The salaries of the probation officers, detention home personnel, and other employees shall be fixed by the judge with the advice of the probation committee and consent of the board or boards of county commissioners.
Sec. 11. The probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct, and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge may direct. All information obtained in discharge of official duty by an officer or other employee of the court shall be privileged and shall not be disclosed to anyone other than the judge and others entitled under this act to receive such information, unless and until otherwise ordered by the judge.
Probation officers and assistant probation officers shall have the same powers as peace officers.
Sec. 12. The probation officer shall investigate all cases reported to him and if, after said investigation, he shall determine that a petition should be filed, he shall proceed as follows:
He shall file with the clerk of court a petition in the juvenile department of the court. The proceeding shall be entitled In the Matter of ........................, a child under eighteen years of age.
The petition shall be verified and may be upon information and belief. It shall set forth plainly (1) the facts which bring the child within the purview of this act; (2) the name, age, and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian if there be one; (5) the name and residence of the person or persons having custody or control of the child; and (6) the name and residence of the nearest known relative to the child if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner, the petition shall so state.
Sec. 13. After a petition shall have been filed and after such further investigation as the court may direct, unless the parties hereinafter named shall voluntarily appear, the court shall direct the clerk to issue a summons reciting briefly the substance of the petition and requiring the person or persons who have custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned shall be other than a parent or guardian of the child, then the parent or guardian or both shall also be notified by a similar summons of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided.
κ1949 Statutes of Nevada, Page 79 (CHAPTER 63, SB 41)κ
be other than a parent or guardian of the child, then the parent or guardian or both shall also be notified by a similar summons of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
If it appears that the child is in such condition or surroundings that his welfare or the public interest or safety requires that his custody be immediately assumed by the court, the judge may order, by endorsement upon the summons, that the person serving the same shall at once deliver the child to the probation officer in whose custody the child shall remain until the further order of the court.
Sec. 14. Service of summons shall be made personally by the delivery of a true copy thereof to the person summoned; provided, that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last-known address, or by publication thereof, or both, as he may direct. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight hours before the time fixed in the summons for the return thereof.
Service of summons, process, or notice required by this act may be made by any citizen over the age of twenty-one years. All necessary expense of service of summons, process or notice shall be paid by the county, as provided in other cases.
Sec. 15. In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual or the welfare of the child requires that he shall be brought forthwith into the custody of the court, the court may issue a writ for the attachment of the person of the parent or guardian or custodian of the child, or any of them, commanding the probation officer or any peace officer to bring before the court, at a time and place stated, such person or persons. Violation of the said writ or any orders of the court may be punished as contempt.
Sec. 16. Any peace officer, or probation officer, may take into custody any child who is found violating any law or ordinance or whose surroundings are such to endanger his welfare. When a child is taken into custody, such officer shall immediately notify the parent, guardian, or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, such child shall be released to the custody of his parent, or other responsible adult, upon the written agreement signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written agreement shall be submitted to the court as soon as possible. If such person shall fail to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of such person, or of the child requiring that such person or child, or both of them, be brought into the court at a time stated in the writ.
If the child is not released, as hereinabove provided, such child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and as soon as possible thereafter, the fact of such detention shall be reported to the court.
κ1949 Statutes of Nevada, Page 80 (CHAPTER 63, SB 41)κ
be taken without unnecessary delay to the court or to the place of detention designated by the court, and as soon as possible thereafter, the fact of such detention shall be reported to the court. Pending further disposition of the case such child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.
No child under eighteen years of age shall at any time be confined or detained in any police station, lockup, jail, or prison, or detained in any place where such child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein.
Sec. 17. Provision shall be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
Authority hereby is granted for any county to provide, furnish, and maintain, at public expense, a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this act; provided, that in counties of over 20,000 population, the county commissioners of said counties are directed to provide the said detention facilities, as aforesaid, within two years after the passage of this act; and provided further, that two or more counties, without regard to their respective populations, may provide a combined detention home, as aforesaid, under suitable terms agreed upon between the respective boards of county commissioners and the juvenile court judges regularly sitting in the judicial districts covering the said counties.
Any detention home, built and maintained under the authority of this act, shall be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor shall it be adjoining or on the same grounds as a prison, jail, or lockup.
Sec. 18. In counties where there are two or more judges, the judges, by mutual consent, may assign during such periods as they may order, all the powers and duties granted them under this act to any one of their number, or they may divide such powers and duties between them in any manner they see fit.
Proceedings under this act against any child shall not be deemed to be criminal or criminal in nature. Any proceeding under this act against a child shall be heard separately from the trial of cases against adults, and without a jury. The hearings shall be conducted in an informal manner.
κ1949 Statutes of Nevada, Page 81 (CHAPTER 63, SB 41)κ
informal manner. Stenographic notes or other transcript of the hearings shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as have a direct interest in the case and as may be ordered by the judge, or, in case of a reference, as may be ordered by the referee.
Sec. 19. If the court shall find that the child is within the purview of this act, it shall so decree and may, by order duly entered, proceed as follows:
a. Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
b. Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency, the court shall select one that is approved by the State department of public welfare, or, if such institution or agency is in another state, by the analogous department of that state.
c. Order such medical, psychiatric, psychologic, or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in section 7 of this act. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name or race of any such child in connection with any proceedings under this act be published in any newspaper without a written order of the court.
Whenever the court shall commit a child to any institution or agency, it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. Such institution or agency shall give to the court such information concerning such child as the court may at any time require.
Sec. 20. At any time the court may modify, change, amend, or terminate any decree or order previously made.
Sec. 21. In placing a child under the guardianship or custody of any individual or of any public or private agency or institution, the court, whenever practicable, shall select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or in case of a difference in the religious faith of the parents, then the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.
Sec. 22. Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of such child, compensation for the care of such child, when approved by order of the court, shall be a charge upon the county where such child has a legal residence.
κ1949 Statutes of Nevada, Page 82 (CHAPTER 63, SB 41)κ
other than that of its parents, and no provision is otherwise made by law for the support of such child, compensation for the care of such child, when approved by order of the court, shall be a charge upon the county where such child has a legal residence. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay in such manner as the court may direct such sum, within his ability to pay, as will cover in whole or in part the support of such child, and if such parent shall willfully fail or refuse to pay such sum, the court may proceed against him for contempt of court.
Sec. 23. The court may cause any person adjudged to be within its jurisdiction to be examined by a physician, psychiatrist, psychologist, or other qualified person.
Whenever a child concerning whom a petition has been filed appears to be in need of nursing, medical, surgical, or other care, the court may order the parent or other person responsible for the care and support of such child to provide such care. If such parent or other person fails to provide such care, the court may, after due notice, enter an order therefor, and the expense thereof, when approved by the court, shall be a charge upon the county; but the court may adjudge that the person having the duty under the law to support such child pay part or all of the expenses of such care in the manner provided in section 22 of this act.
Sec. 24. In proceedings under this act, no court or witness fees shall be allowed against any party to a petition, and no salaried officer of the state or of any municipality therein shall be entitled to receive any fee for the service or for attendance in court in any such proceedings, but all other persons acting under orders of the court may be allowed and paid for services or service of process and attendance or serving as witnesses the fees provided by law for like services in cases before the district court, the same to be paid by the county when certified to by the judge.
Sec. 25. All expenses incurred in complying with the provisions of this act shall be a county charge. The salaries and other compensation of referees, probation officers, and all employees shall be fixed by the judge, within the limit provided by the county therefor.
Sec. 26. The court shall make and keep records of all cases brought before it. Such records shall be open to inspection only by order of the court to persons having a legitimate interest therein. The clerk of the court shall prepare and cause to be printed such forms for social and legal records and such other papers as may be required.
Sec. 27. Appeals from the orders of the court may be taken to the state supreme court in the same manner as appeals in civil cases are taken.
Sec. 28. This act shall be liberally construed to the end that each child coming within the jurisdiction of the court shall receive such care, guidance and control, preferably in his own home, as will be conducive to the childs welfare and the best interests of the state, and that when such child is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them.
κ1949 Statutes of Nevada, Page 83 (CHAPTER 63, SB 41)κ
the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them.
Sec. 29. It is hereby made the duty of every public official and department to render all assistance and cooperation within his or its jurisdictional power which may further the objects of this act.
Sec. 30. That certain act entitled An act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children, approved March 24, 1909, being sections 1010-1038, N. C. L. 1929, as amended, and all other acts and parts of acts in conflict herewith hereby are repealed.
Sec. 31. If any section, subdivision, or clause of this act shall be held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the act.
Sec. 32. This act may be cited as the juvenile court act.
Sec. 33. This act shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 60Washoe County Delegation.
CHAPTER 64
AN ACT to amend an act entitled An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act, approved March 27, 1929, as amended.
[Approved March 15, 1949]
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 2226 N. C. L. 1929, is hereby amended to read as follows:
Section 2. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint five (5) trustees chosen from the citizens at large, with reference to their fitness for such office, all residents of the county or counties concerned, not more than three (3) to be residents of the city, town, or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following general election when five (5) hospital trustees shall be elected and hold their offices, three (3) for two (2) years and two (2) for four (4) years, and at subsequent general elections the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees in the same manner as other county officers are elected. Said offices of hospital trustees are hereby declared to be nonpartisan, and the names of candidates for such offices shall appear alike upon the ballots of all parties at all primary elections and at all general elections.
κ1949 Statutes of Nevada, Page 84 (CHAPTER 64, AB 60)κ
are hereby declared to be nonpartisan, and the names of candidates for such offices shall appear alike upon the ballots of all parties at all primary elections and at all general elections. Provided, however, that in any county wherein there was cast a vote for representative in Congress in excess of 19,000 votes in the general election held in 1948, the board of trustees for said public hospital shall be composed of the five regularly elected or appointed members and, in addition, the said county commissioners shall be ex officio members thereof. Any five of said regular or ex officio members shall constitute a quorum for the transaction of business.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 112Mr. Buol.
CHAPTER 65
AN ACT to amend an act entitled An act relating to the recording of instruments in the offices of the various county recorders of the State of Nevada, and other matters relating thereto, and to provide for the filing of certain instruments, such filed instruments to constitute the record thereof, and other matters relating thereto, approved March 9, 1923, as amended.
[Approved March 15, 1949]
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 1929 N. C. L., 1941 Supp., section 2112, is hereby amended to read as follows:
Section 2. Each of the county recorders of this state must, upon the payment of the statutory fees for same, record, separately, in a fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof, in large well-bound separate books as hereinafter alphabetically indicated, either sewed books or an insertable leaf, which when placed in the book cannot be removed.
Instruments Specified. (a) Deeds, grants, transfers, and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
(g) Notices of attachments upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
κ1949 Statutes of Nevada, Page 85 (CHAPTER 65, AB 112)κ
(i) Instruments describing or relating to the separate property of married women.
(j) Notice of pre-emption claims.
(k) Births and deaths.
(l) Notices and certificates of location of mining claims.
(m) Affidavits or proof of annual labor on mining claims.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be recorded.
Each of the instruments named in subdivision (a) of this section may be recorded in separate books in the discretion of the recorder.
Official Records. In lieu of any or all of the separate books above provided for, the recorder may, in his discretion, record any or all of the above instruments in one general series of books to be called Official Records, which books shall be numbered consecutively beginning with number one. The recording of instruments in such Official Records will impart notice in like manner and effect as if such instruments were recorded in any of the separate books in this act provided for.
The county recorder must, upon the payment of his fees for the same, file, properly index and safely keep in a well-constructed metal file, in such manner as may be suitable and as will make the same readily available for examination:
(a) Originals, certified copies, microfilm or photostatic copies, and executed counterparts of mortgages of personal property or crops.
(b) Originals, certified copies, microfilm or photostatic copies, and executed counterparts of assignments, complete or partial releases, discharges, satisfactions, or cancellations or subordinating or waiving instruments or agreements relating to the documents, agreements or instruments, or other lien evidenced or created by the same listed in (a) above.
Sec. 2. Section 6 of the above-entitled act, being 1929 N. C. L., section 2116, is hereby amended to read as follows:
Section 6. Whenever any instrument filed for record with the county recorder of any county in the State of Nevada has been copied, or a microfilm picture or photostatic copy thereof inserted into a book of record other than that designated by law, but which said instrument has been or may hereafter be indexed in the proper book of indexes, such instrument from the date of indexing imparts notice of its contents to all persons; and subsequent purchasers, mortgagees, lienholders, and incumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of record, notwithstanding that such instrument may have been copied, or a microfilm picture or photostatic copy thereof inserted into some book of record in the office of the county recorder where the same was filed for record other than that designated by law, provided that the same was copied, or a microfilm picture or photostatic copy thereof inserted into some book of record kept in the office of the county recorder where the same is entitled to record.
κ1949 Statutes of Nevada, Page 86 (CHAPTER 65, AB 112)κ
copy thereof inserted into some book of record kept in the office of the county recorder where the same is entitled to record.
Sec. 3. Section 7 of the above-entitled act, being 1929 N. C. L., section 2117, is hereby amended to read as follows:
Section 7. Whenever any instrument has been filed for record with the county recorder of any county in the State of Nevada as a deed of trust, mortgage or chattel mortgage, or copied or a microfilm picture or photostatic copy thereof inserted into any book of deeds, deeds of trust, mortgages or chattel mortgages, such instrument need not be again filed for record or recorded in such office as a different instrument from that so filed for record or recorded, but such recorder must index such instrument in any of the indexes kept in his office upon the request of the person recording such instrument and the payment to him of his legal fees for such indexing. Such instrument from the date of such indexing imparts notice of its contents to all persons, and subsequent purchasers, mortgagees, lienholders, and incumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of records corresponding with such indexes where so indexed, notwithstanding such instrument has been but once recorded or copied in the records of such office.
Sec. 4. Section 10 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 2120, is hereby amended to read as follows:
Section 10. A copy, or a microfilm picture or photostatic copy of any instrument once recorded or filed, certified by the county recorder in whose office such instrument is recorded or filed, may be recorded or filed in any other county of this state, and when so recorded or filed the record thereof, or such filed instrument, shall have the same force and effect as though it was of the original instrument.
Sec. 5. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 6. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 34Mr. Tomlinson.
CHAPTER 66
AN ACT to amend an act entitled An act requiring foreign corporations doing business in the State of Nevada to publish annual statements, approved March 28, 1901.
[Approved March 15, 1949]
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 1929 N. C. L., 1941 Supp., section 1844, is hereby amended to read as follows:
Section 1. All foreign corporations doing business in the State of Nevada shall, not later than the month of March in each year, beginning in the year 1914, publish a statement of their last years business in some newspaper, selected by such corporation, published in the State of Nevada.
κ1949 Statutes of Nevada, Page 87 (CHAPTER 66, AB 34)κ
of Nevada. If published in a daily newspaper, such statement shall be published for a period of one week, or if published in a semiweekly or triweekly newspaper, for a period of two weeks, or if published in a weekly newspaper, for a period of four weeks. In any case in which such statement is published in a semimonthly newspaper, issued twice monthly, said statement shall be published in four consecutive numbers or issues of said newspaper.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 10Mr. Capurro.
CHAPTER 67
AN ACT to amend an act entitled An act to authorize the state quarantine officer to fix and promulgate standards for all kinds of agriculture produce and containers therefor; to make rules and regulations for carrying out the provisions of this act; to provide penalties for the violation of any of the provisions of this act or any rules or regulations made thereunder; to employ the necessary inspectors and assistants to carry out the provisions of this act, and making an appropriation for the carrying out of this act, and repealing section 8320 to and including section 8334 Nevada Compiled Laws 1929, and all other acts or parts of acts in conflict herewith, approved March 30, 1931.
[Approved March 15, 1949]
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 451.01 Nevada Compiled Laws Supplement 1931-1941, is hereby amended to read as follows:
Section 2. In order to promote, protect, further, and develop the agricultural interests of this state, the state quarantine officer is hereby authorized and empowered, after investigation and public hearing, to fix and promulgate official standards for grading and classifying any or all agricultural products [grown or produced] offered for sale in this state and to fix and promulgate official standards for containers of farm products and to change any of them from time to time.
Sec. 2. Section 9 of the above-entitled act, being section 451.08 Nevada Compiled Laws Supplement 1931-1941, is hereby amended to read as follows:
Section 9. The state quarantine officer may [appoint employees and agents to assist in carrying out the provisions of this act, and may] employ inspectors and other assistants, fix their compensations, and make any other expenditures from any funds available therefor as may be necessary for carrying out the provisions of this act. The board of county commissioners of any county may employ one or more inspectors to assist in carrying out the provisions of this act, upon a salary or per diem basis, for such period or periods, as they and the state quarantine officer deem necessary; provided, no inspector shall be so employed who is not licensed by the state quarantine officer, who shall direct all his official activities.
κ1949 Statutes of Nevada, Page 88 (CHAPTER 67, AB 10)κ
direct all his official activities. Any inspector so employed by any county shall collect all inspection fees fixed and established by the state quarantine officer, for any inspections and certifications performed by him, and promptly forward same to the state quarantine officer, who shall forward any portion of same due any federal agency to such agency, and forward the balance to the state treasury, placing a claim in favor of the county concerned for such balance with the state board of examiners, in the manner provided by law.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 67Mr. Buol.
CHAPTER 68
AN ACT to amend an act entitled An act regulating the sale of agricultural seeds; designating the state quarantine officer as the administrator of this act and defining his powers and duties: defining agricultural seeds, noxious weeds, weed seeds, diseases and labels; providing for the labeling of agricultural seeds; setting certain standards of purity and germination for agricultural seeds and providing for the testing thereof; making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto, approved March 29, 1929, as amended.
[Approved March 15, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 298-413, inclusive, Nevada Compiled Laws 1929, as amended, is hereby amended by inserting therein a new section numbered 6 3/4 to follow immediately after section 6 1/2 inserted in said act by the 1945 Statutes, chapter 215, page 370, reading as follows:
Section 6 3/4. No seed cotton, unprocessed cotton seed, or unginned cotton shall be shipped, or transported into the State of Nevada, or from any other part of the State of Nevada into a cotton district created as hereinafter provided, except upon a written permit obtained in advance from the state quarantine officer, which written permit shall be obtained by the shipper or owner of the seed cotton, unprocessed cotton seed, or unginned cotton. The state quarantine officer may designate any county, or other defined area, within the State of Nevada, as a cotton district, and specify the kind, or kinds, strain or strains, variety or varieties, of cotton which may be planted or grown therein; and it shall be unlawful to plant or grow, any other kind, strain, or variety of cotton in said district. The state quarantine officer shall promulgate and issue any additional rules or regulations necessary to carry out the provisions of this section.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 89κ
Assembly Bill No. 157Mr. Tomlinson.
CHAPTER 69
AN ACT to amend section 1 of an act entitled An act to provide for free public libraries and other matters relating thereto, approved March 16, 1895, as amended.
[Approved March 15, 1949]
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 N. C. L. 1929, section 5590, is hereby amended to read as follows:
Section 1. Whenever in any county in the State of Nevada a petition or petitions for the establishment of a free public library, certified by the district judge of any judicial district of the State of Nevada as being signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town or school district shall be presented to the board of county commissioners of the county in which said city, unincorporated town or school district is situated, accompanied by affidavit of one or more of the signers thereof that the signatures thereto are genuine, the said board of county commissioners shall within ten days after said petition or petitions are so presented levy a tax upon all taxable property of said city, unincorporated town, or school district of not less than five nor more than [ten] fifteen cents on each hundred dollars valuation of taxable property therein for the purpose of creating a fund to be known as the Library Fund. And each year thereafter said board of county commissioners at the time and in the manner other taxes are levied shall levy a tax upon said property for said purpose of not more than [ten] fifteen cents on each one hundred dollars valuation thereof.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 173Messrs. Mount and Wells.
CHAPTER 70
AN ACT authorizing and empowering the boards of county commissioners, county assessors, and county treasurers to correct clerical and typographical errors appearing on the real and personal property tax rolls.
[Approved March 15, 1949]
Whereas, From time to time clerical or typographical errors may inadvertently appear on the real or personal property tax rolls of the respective counties of this state, which have escaped the attention of the county assessor, the county board of equalization and the state board of equalization; and
Whereas, Such errors if not corrected serve to cause undue hardships upon the owner of the property so assessed because there is no method provided in the revenue laws of this state whereby such errors may be corrected after such tax rolls have received their final check by the respective officers and boards charged with the duty of scrutinizing and correcting such tax rolls, therefore,
κ1949 Statutes of Nevada, Page 90 (CHAPTER 70, AB 173)κ
method provided in the revenue laws of this state whereby such errors may be corrected after such tax rolls have received their final check by the respective officers and boards charged with the duty of scrutinizing and correcting such tax rolls, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Whenever a clerical or typographical error or errors shall appear upon the real or personal property tax roll of any county in this state which have not been corrected by any officer or board vested by law with the duty of correcting such errors, the county assessor of the county in which such errors appear shall make report thereof to the board of county commissioners of such county, which said board shall thereupon examine the error or errors so reported together with such evidence as may be presented in connection therewith and, if satisfied that such errors or any of them are purely clerical or typographical, shall by an order entered in the minutes of such board authorize and direct the county treasurer to correct the error or errors so reported so as to conform to the true assessment and serve a copy of such order on the treasurer who shall thereupon make the corrections and change the tax roll or rolls in conformity therewith.
Sec. 2. This act shall be effective upon its passage and approval.
________
Assembly Bill No. 175Messrs. Mount and Wells.
CHAPTER 71
AN ACT to amend an act entitled An act to regulate certain fees of county clerks in the State of Nevada and to repeal acts or parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 15, 1949]
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 2, chapter 151, Statutes of 1947, is hereby amended to read as follows:
Section 2. On or before the [tenth day] first Monday of each month, the county clerk shall pay over to the [state] county treasurer an amount equal to ten ($10) dollars per civil case commenced as provided in section 1, for the preceding calendar month, [and the state treasurer shall issue his receipt therefor. Fees so collected and paid shall be placed to the credit of the general fund of the state] and the county treasurer shall place the same to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the clerk to the state treasurer of the State of Nevada, to be placed by him in the general fund of the state.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 91κ
Assembly Bill No. 174Messrs. Mount and Wells.
CHAPTER 72
AN ACT to amend an act entitled An act relating to marriage and divorce, approved November 28, 1861.
[Approved March 15, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 4053 N. C. L. 1929, as amended by chapter 35, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 5. Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state. The county clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage, and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and if any of the persons intending to marry shall be under age and shall not have been previously married, the consent of the parent or guardians shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk shall in any other manner issue or sign any marriage license he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. The clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the county recorder as his fee for recording the certificate named in section 8. The clerk shall also, at the time of issuing such license, collect the additional sum of three dollars ($3) for the State of Nevada. Such fees, collected for the state, shall be by the clerk paid over to the [state] county treasurer on or before the [tenth day] first Monday of each month for the preceding calendar month, and shall be placed to the credit of the [general] state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer of the State of Nevada, to be placed by him in the general fund of the state.
Any said license shall be substantially in the following form:
MARRIAGE LICENSE
|
State of Nevada,
County of......................................... |
} |
ss. |
These presents are to authorize any licensed clergyman within this state, or any district judge or justice of the peace within his county, to join in marriage............................................................................................
κ1949 Statutes of Nevada, Page 92 (CHAPTER 72, AB 174)κ
to join in marriage............................................................................................ of.............................................., in the county of..............................................., State of.............................................................................................................. Previously married?............................. Wife deceased?..................................... Divorced?........................... When?........................ Where?............................... On what grounds?............................................... And......................................, of.........................................., in the county of................................................., State of................................................................................................................ Previously married?............................ Husband deceased?................................ Divorced?........................ When?........................... Where?............................... On what grounds?..................................................; and to certify the same according to law.
Witness my hand and the seal of the district court of the ........................... judicial district of the State of Nevada, in and for the county of ....................................., this.................day of..........................A. D. 19...........
(Seal) Clerk.
Deputy Clerk.
And it shall be the duty of the clerk, when issuing said license, to require the party applying therefor to answer under oath each of the questions contained in the said form of license, and if the party applying therefor cannot answer positively any questions with reference to the other party named in the license, it shall be the duty of the clerk to require both parties named in the license to appear before him and to answer, under oath, the questions contained in said form of license, and any person who shall make a false statement in procuring the marriage license with reference to any matter required by this section to be stated under oath shall be deemed guilty of a gross misdemeanor and punished by imprisonment in the county jail for a term of not more than one year, or by a fine not to exceed $1,000, or by both such fine and imprisonment.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 203Clark County Delegation.
CHAPTER 73
AN ACT for the relief of De Luca Importing Co., a Nevada corporation.
[Approved March 15, 1949]
Whereas, De Luca Importing Co., a corporation organized and existing under and by virtue of the laws of the State of Nevada, under date of October 7, 1947, paid to the Nevada tax commission, under protest, the sum of $2,130.69, which amount said Nevada tax commission claimed as a deficiency for the liquor excise taxes due from said De Luca Importing Co., during the months of December 1946, January and February 1947; and
Whereas, Said tax commission claimed that said De Luca Importing Co. had imported during the month of December 1946 a net of 1932.96 gallons of distilled spirits, after deducting allowable exports, and for the month of January 1947 a net of 658.43 gallons, after deducting allowable exports, and for the month of February 1947 a net of 959.76 gallons, after deducting allowable exports, or a total of 3,551.15 gallons, upon which the rate of excise tax was the sum of $0.60 per gallon, making a total of $2,130.69 deficiency; and
κ1949 Statutes of Nevada, Page 93 (CHAPTER 73, AB 203)κ
1932.96 gallons of distilled spirits, after deducting allowable exports, and for the month of January 1947 a net of 658.43 gallons, after deducting allowable exports, and for the month of February 1947 a net of 959.76 gallons, after deducting allowable exports, or a total of 3,551.15 gallons, upon which the rate of excise tax was the sum of $0.60 per gallon, making a total of $2,130.69 deficiency; and
Whereas, Said deficiency consisted of distilled spirits which arrived at Las Vegas, Nevada, in cars consigned to De Luca Importing Co., but which had been diverted enroute by the consignor thereof to importers outside the State of Nevada, and which were by said consignor erroneously reported to the state tax commission as having been consigned to said De Luca Importing Co.; and
Whereas, Section 1(i) of the liquor license act of 1935, as amended by 1945 Statutes of Nevada, page 371, section 3690.01, 1929 N. C. L. 1941 Supp., defines an Importer, in the case of liquors which are brewed, fermented or produced outside the state, to be any person who is first in possession thereof, within the state, after completion of the act of importation; and
Whereas, Said De Luca Importing Co. was only technically in possession of said liquor while it was removing from said cars the liquor that was consigned to it; and
Whereas, The said deficiency which was paid under protest should not have been taxed against said De Luca Importing Co.; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, the sum of $2,130.69 for the purpose of refunding to De Luca Importing Co. the amount of excess excise tax paid by said De Luca Importing Co., under protest, as set forth in the foregoing preamble, and the state controller is hereby directed to draw his warrant and the state treasurer is hereby directed to pay out of the general fund in the state treasury, to De Luca Importing Co., a Nevada corporation, the sum of $2,130.69.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 204Mr. Bastian.
CHAPTER 74
AN ACT for the relief of Nevada Bank of Commerce, Pioche branch, Pioche, Nevada.
[Approved March 15, 1949]
Whereas, On May 1, 1947, the State of Nevada controllers warrant No. 45542 was issued to Paralee Truman in the sum of fifty dollars, state welfare-old-age assistance appropriation Clark County; and
κ1949 Statutes of Nevada, Page 94 (CHAPTER 74, AB 204)κ
Whereas, Said warrant was duly endorsed, witnessed, and the money received by payee; and
Whereas, Said warrant was handled through several banks in a round-about course until said warrant became of stale date and was canceled as provided by statute; and
Whereas, More than one year has expired since the original date of said warrant and there is no method whereby the said bank may be paid its claim for said warrant without legislative action; now, therefore,
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, upon the surrender of said warrant, to draw his warrant in favor of Nevada bank of commerce, Pioche branch, Pioche, Nevada, in the amount of fifty ($50) dollars, and the state treasurer is directed to pay the same from any moneys or funds now available for such purpose.
Sec. 2. This act shall become effective immediately after its passage and approval.
________
Assembly Bill No. 18Committee on State Prison and Asylum.
CHAPTER 75
AN ACT to provide an additional and supplemental appropriation for the Nevada state prison.
[Approved March 16, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1949, there is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of sixty-six thousand, fifty-eight dollars and fifty-four cents ($66,058.54) as an additional and supplemental appropriation to that allowed in the budget for the general support of the Nevada state prison, apportioned as follows:
Fifty-nine thousand, one hundred sixty-four dollars and fifty-one cents ($59,164.51) for general support.
Three thousand dollars ($3,000) for medical and dental.
Twelve hundred dollars ($1,200) for transportation of prisoners.
Two thousand, six hundred ninety-four dollars and three cents ($2,694.03) for death watch.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall become effective immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 95κ
Assembly Bill No. 232Committee on State Prison and Asylum.
CHAPTER 76
AN ACT making an appropriation to cover a deficiency respecting the Nevada state prison in the current biennium.
[Approved March 16, 1949]
Whereas, During the current biennium transfers in the appropriation for the Nevada state prison were made by authority of the board of examiners as follows: 1. May 18, 1948, $3,000 from equipment and repairs to dental services and extra medicine; 2. December 17, 1948, $500 for same; 3. December 17, 1948, $1,500 from equipment and repairs to general support; and
Whereas, By reason of the aforesaid transfers and the increased cost of equipment and repairs at the state prison, there will accrue by June 30, 1949, a deficiency in the moneys appropriated for equipment and repairs at Nevada state prison for the current biennium in the sum of thirty-four hundred ($3,400) dollars, net, which is not supplied by any other act; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of supplying a deficiency in the appropriation for equipment and repairs at Nevada state prison for the current biennium, there is hereby appropriated the sum of thirty-four hundred ($3,400) dollars from any moneys in the state treasury not otherwise appropriated.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 148Mr. Fuetsch.
CHAPTER 77
AN ACT relating to the taxation of personal property in transit through the State of Nevada; supplementary to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, as the same has been amended; defining in transit through this state, and other terms used in this act; providing penalties for the evasion of the provisions of this act and providing for the recovery of taxes wrongfully withheld.
[Approved March 16, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be deemed supplementary to sections 5 and 6 (1929 N. C. L. 1941 Supp., sections 6418 and 6419) of the act mentioned in the titled of this act.
Sec. 2. Personal property within this state as mentioned in either of the sections 5 or 6 of said act shall not include personal property in transit through this state as defined in this act.
κ1949 Statutes of Nevada, Page 96 (CHAPTER 77, AB 148)κ
of the sections 5 or 6 of said act shall not include personal property in transit through this state as defined in this act.
Sec. 3. Personal property in transit through this state is personal property, goods, wares and merchandise which is (1) moving in interstate commerce through or over the territory of the State of Nevada, or (2) which was consigned to a warehouse within the State of Nevada from outside the State of Nevada for storage or assembly in transit to a final destination, whether specified when transportation begins or afterward, also outside the State of Nevada. Such property is deemed to have acquired no situs in Nevada for purposes of taxation.
Sec. 4. All property claimed to be no situs under this subdivision shall be designated as being in transit upon the books and records of the warehouse wherein the same is located, which said books and records of said warehouse shall contain a full, true and correct inventory of all such property, together with the date of the receipt of the same, the date of the withdrawal of the same, the point of origin thereof and the point of ultimate destination thereof if known. Said books and records of any such warehouse with reference to any such in transit property shall at all times be open to the inspection of all taxing authorities of the State of Nevada and of any political subdivision thereof. Any person, copartnership, association, or corporation making claim to no situs status on any property under this act shall do so in the form and manner prescribed by the Nevada tax commission and all such claims shall be accompanied by a certification of the warehouse company as to the status on their books of the property involved.
Sec. 5. If any person shall willfully deliver any statement to the officer charged with assessment of property for tax purposes in his county containing a false statement of a material fact, whether it be an owner, shipper, his agent or a storage or warehouseman of his agent, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than ten (10) days nor more than six (6) months.
Sec. 6. If any owner, shipper, or his agent shall by misrepresentation, concealment or violation of the provisions of this act evade the assessment or the levy of taxes on property not defined herein to be personal property in transit through this state, he shall be liable in the sum of the taxes evaded which would otherwise have been levied against his property, to be collected in a civil action on behalf of the tax collector of his county, to be commenced and maintained by the district attorney, and the judgment when entered shall be in addition for all costs and an attorney fee for the plaintiff in his official capacity not less than the amount of the taxes so evaded.
Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 8. This act shall take effect and be in full force from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 97κ
Senate Bill No. 115Committee on Judiciary.
CHAPTER 78
AN ACT 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, 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, approved March 4, 1931.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto a new section, to be known as section 32(a), which shall immediately follow section 32 and shall read as follows:
Section 32(a). Except as hereinafter provided in this section, this act shall not apply to any corporation, or to any agent, representative or employee thereof, or any broker, dealer or underwriter of any such corporation selling or soliciting for the sale of membership shares, investment certificates or securities thereof, if the issuing corporation is registered under and in compliance with the provisions of an act of Congress of the United States, approved August 22, 1940, the same being chapter 686, title 1, 54 Stat. 789, which is known and cited as the Investment Company Act of 1940, and acts amendatory or supplemental thereto. Every company which is registered under and in compliance with the provisions of said Investment Company Act of 1940, and acts amendatory or supplemental thereto, upon filing its articles of incorporation, or in case of a foreign corporation of a certified copy of its articles of incorporation with the secretary of state and a certified copy thereof with the county clerk of the county where it maintains its resident agent in the State of Nevada or in which it has its principal place of business, shall be entitled to do business in the State of Nevada as provided in its articles of incorporation to the extent and in the manner described in or referred to in the Investment Company Act of 1940, and acts amendatory or supplemental thereto, for which registration has been filed by such corporation, and to a license to sell or cause to be sold its membership shares, investment certificates, or securities in this state upon payment to the state bank examiner of an initial fee of one hundred dollars ($100). Said license shall be issued by the state bank examiner upon proof that such issuing company has filed its articles of incorporation as hereinbefore provided and is registered under and in compliance with the provisions of said Investment Company Act of 1940, and acts amendatory or supplemental thereto. Said license shall be annually renewed on the 30th day of June of each year, upon filing the annual statement hereinafter prescribed and upon proof that the corporation has duly filed with the secretary of state a list of officers and directors and a designation of a resident agent as required by law, and upon payment of a renewal license fee of one hundred dollars ($100).
κ1949 Statutes of Nevada, Page 98 (CHAPTER 78, SB 115)κ
June of each year, upon filing the annual statement hereinafter prescribed and upon proof that the corporation has duly filed with the secretary of state a list of officers and directors and a designation of a resident agent as required by law, and upon payment of a renewal license fee of one hundred dollars ($100).
The agents, representatives or employees of any licensed issuing company, or the broker, dealer or underwriter of membership shares, investment certificates or securities thereof, shall be entitled to a license to sell or solicit sales in this state for any membership shares, investment certificates or securities of the issuing company; provided, however, that no person, firm, or corporation shall be so licensed unless he or it shall have satisfied the bank examiner of his or its good repute, and shall have paid the license fee, or renewal fee, prescribed by section 17 of the above-entitled act. All licenses issued by the bank examiner pursuant to this section shall be subject to all of the provisions of sections 15, 16, 17, 18, and 23 of the above-entitled act.
All issuing corporations coming within the provisions of this section shall, nevertheless, file on or before March 1 of each year an annual statement with the state bank examiner in such detail and form as said bank examiner may prescribe, which shall show the following:
1. The amount of the authorized capital by classes, and the par value of each class of shares.
2. The amount of capital paid in.
3. A statement of its assets and liabilities at the close of the last fiscal year, and a profit and loss statement as of the close of its last fiscal year.
4. A total of its liabilities to Nevada investors at the close of its last fiscal year.
5. Such other data or information respecting the financial condition of the company as the state bank examiner may require.
Sec. 2. This act shall take effect from and after its passage and approval.
________
Senate Bill No. 25Committee on Judiciary.
CHAPTER 79
AN ACT relating to installment judgments in divorce and separate maintenance actions.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In divorce and separate maintenance actions, installment judgments for alimony and support shall not be subject to modification as to accrued installments, but only as to installments not accrued at the time a motion for modification is filed; provided, however, that the provisions of this act shall not preclude the parties from entering into a stipulation as to accrued installments prior to the time a motion for modification is filed.
κ1949 Statutes of Nevada, Page 99 (CHAPTER 79, SB 25)κ
entering into a stipulation as to accrued installments prior to the time a motion for modification is filed.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 96Senator Johnson.
CHAPTER 80
AN ACT authorizing the board of trustees of Carson City, Nevada, to terminate and abolish the Postwar Fund of Carson City, and to transfer all moneys remaining therein to the General Fund of Carson City.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of trustees of Carson City, Nevada, are hereby authorized and empowered, at their discretion, by resolution to terminate and abolish the Postwar Fund of Carson City, and to order the transfer of any moneys remaining therein to the General Fund of Carson City.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 138Senator Wilson.
CHAPTER 81
AN ACT to provide for the payment of Luning water obligations from the Mineral County general fund.
[Approved March 17, 1949]
Whereas, It appears that there are overdrafts in the amount of two thousand seventy-four dollars and forty-seven cents ($2,074.47) outstanding and unpaid, with respect to lawful obligations of the Luning water system; and
Whereas, In addition to the foregoing, there are current lawful obligations of the Luning water system in the amount of one thousand three hundred fifty-eight and 58/100 dollars ($1,358.58) past due and unpaid; and
Whereas, It appears that the constitutional tax limit has prevented and will prevent payment of the stated obligations through taxation, and there is sufficient money in the Mineral County general fund to discharge the same; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county treasurer and county auditor of Mineral County, State of Nevada, are hereby authorized, after approval of claims by the board of county commissioners of Mineral County, to pay the sum of three thousand four hundred thirty-three and 5/100 dollars ($3,433.05) from the general fund of the county of Mineral, State of Nevada, for the discharge of said town of Luning water obligations.
κ1949 Statutes of Nevada, Page 100 (CHAPTER 81, SB 138)κ
claims by the board of county commissioners of Mineral County, to pay the sum of three thousand four hundred thirty-three and 5/100 dollars ($3,433.05) from the general fund of the county of Mineral, State of Nevada, for the discharge of said town of Luning water obligations.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 95Senator Johnson.
CHAPTER 82
AN ACT validating the proceedings had in the organization of those certain street improvement districts in Carson City, Nevada, known and designated as Sierra Heights improvement district, Sunset improvement district, and Nevada street improvement district; validating the special assessments levied against and upon the real property and improvements in each of said districts, the manner of payment of such special assessments, the fixing of interest, and the manner and method of the collection of such assessments, interest, penalties and costs, and other matters properly related thereto.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All proceedings heretofore had in connection with the creation and organization of Sierra heights improvement district under the provisions of ordinance 214 of Carson City, Sunset improvement district under the provisions of ordinance 217 of Carson City, Nevada street improvement district under the provisions of ordinance 220 of Carson City, are hereby validated, ratified and confirmed, regardless of any irregularities or failure to follow the requirements of the statutes of the State of Nevada relating thereto, or failure to follow the requirements of the provisions of the charter of Carson City relating thereto, or failure to follow the requirements of the ordinances of Carson City relating thereto, regardless of whether the board of trustees of Carson City was, by reason of failure to comply with the statutes of the State of Nevada relating thereto, or failure to comply with the charter of Carson City relating thereto, or failure to comply with the ordinances of Carson City relating thereto, legally empowered to create such improvement districts, enter into contracts concerning the construction of the street improvements made in such districts and in relation to other matters connected therewith, fix and levy special assessments against the property in each of said improvement districts, enforce the collection of such special penalties including interest, delinquencies, penalties, and costs.
Sec. 2. The creation and organization of said street improvement districts, namely, Sierra heights improvement district, Sunset improvement district, and Nevada street improvement district, are hereby validated, ratified, and confirmed, and said districts with the boundaries fixed in the organization proceedings heretofore had and in said ordinances purporting to create and establish such districts, and all contracts made and entered into and all things done by the board of trustees of Carson City in connection with said improvement districts, and the work and improvements had and done in said districts, and the special assessments created and levied against the real property and improvements in said districts for the payment of the improvements made therein, and the manner of payment of such assessments including the fixing of interest, penalties, and costs on delinquent assessments, as well as the time, manner and method of the collection of such special assessments, interest, penalties, and costs, are hereby found and declared to be valid to the same extent as though said districts had been created, and all things done in connection therewith, including the levying of the special assessment and the manner of the collection of the same, had been done in full compliance with every statutory provision of the State of Nevada relating thereto, in full compliance with each and every provision of the charter of Carson City relating thereto, and in full compliance with each and every ordinance of Carson City relating thereto.
κ1949 Statutes of Nevada, Page 101 (CHAPTER 82, SB 95)κ
fixed in the organization proceedings heretofore had and in said ordinances purporting to create and establish such districts, and all contracts made and entered into and all things done by the board of trustees of Carson City in connection with said improvement districts, and the work and improvements had and done in said districts, and the special assessments created and levied against the real property and improvements in said districts for the payment of the improvements made therein, and the manner of payment of such assessments including the fixing of interest, penalties, and costs on delinquent assessments, as well as the time, manner and method of the collection of such special assessments, interest, penalties, and costs, are hereby found and declared to be valid to the same extent as though said districts had been created, and all things done in connection therewith, including the levying of the special assessment and the manner of the collection of the same, had been done in full compliance with every statutory provision of the State of Nevada relating thereto, in full compliance with each and every provision of the charter of Carson City relating thereto, and in full compliance with each and every ordinance of Carson City relating thereto.
Sec. 3. If any section or sections, clause or clauses, or provision or provisions hereof shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any reason, the remainder of this act shall nevertheless remain in full force and effect, it being expressly hereby recited and provided that the remainder of this act would have been adopted by the legislature despite such invalidity or ineffectiveness.
Sec. 4. All acts and parts of acts in conflict herewith are to the extent of such conflict hereby repealed.
Sec. 5. This act shall become effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 102κ
Senate Bill No. 75Committee on Agriculture and Irrigation.
CHAPTER 83
AN 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.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act is hereby amended to read as follows:
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 that the district court may appoint the state engineer and his assistants officers of the court to administer final water decrees in certain cases; 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 and certain 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.]
κ1949 Statutes of Nevada, Page 103 (CHAPTER 83, SB 75)κ
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.]
Sec. 2. Section 8 of the above-entitled act, being section 7897 N. C. L. 1929, is hereby amended to read as follows:
Section 8. Rights to the use of water shall be limited and restricted to so much thereof as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch; and all the balance of the water not so appropriated shall be allowed to flow in the natural stream from which such ditch draws its supply of water, and shall not be considered as having been appropriated thereby; and in case the owner or owners of any such ditch, canal, [or] reservoir, or any other means of diverting any of the public water shall fail to use the water therefrom or thereby for beneficial purposes for which the right of use exists during any five successive years, the right to so use shall be [considered] deemed as having been abandoned, and [they] any such owner or owners shall thereupon forfeit all water rights, easements, and privileges appurtenant thereto theretofore acquired, and all the water so formerly appropriated by [them] such owner or owners and/or their predecessors in interest may be again appropriated for beneficial use the same as if such ditch, canal, [or] reservoir, or other means of diversion had never been constructed, and any qualified person may appropriate any such water for beneficial use; provided, no prescriptive right to the use of such water or any of the public water appropriated or unappropriated can be acquired by adverse user or adverse possession for any period of time whatsoever, but any such right to appropriate any of said water shall be initiated by first making application to the state engineer for a permit to appropriate the same as in this act provided and not otherwise.
Sec. 3. Section 17 of the above-entitled act, being section 7904 N. C. L. 1929, is hereby amended to read as follows:
Section 17. The state engineer shall keep his office open to the public from the hours of [9 oclock a. m. to 12 oclock m., and from 1 oclock p. m. to 4:30 p. m. each day, Sundays and holidays excepted.] 8 oclock a. m. to 12 oclock m., and from 1 oclock p.m. to 5 oclock p. m. each day, Saturdays, Sundays and holidays excepted.
Sec. 4. Section 46 of the above-entitled act, being section 7931 N. C. L. 1929, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 104 (CHAPTER 83, SB 75)κ
Section 46. For the purpose of advancing the money required for any surveys so ordered by the court, there is hereby appropriated and set apart, from any moneys in the state treasury not otherwise appropriated, the sum of five thousand dollars ($5,000) to be known as the hydrographic fund, which shall be a continuous fund. Such fund shall be used only for the payment of claims for services rendered, expenses incurred, or materials and supplies furnished under the direction of the state engineer in the prosecution of said work, which claims shall be paid by the state treasurer on warrants drawn by the state controller upon certificates of the state engineer. [The amounts paid by the parties to said suit, on account of said surveys, shall be paid into said hydrographic fund.] At the time the state engineer submits his report to the court he shall submit an itemized statement of cost of the survey and the court shall designate by order the method of collection of the money, which when collected, shall be used to reimburse the said hydrographic fund.
Sec. 5. Section 46 1/2 of the above-entitled act, being section 46 1/2 as added to said entitled act by chapter 159, Statutes of 1947, is hereby amended to read as follows:
Section 46 1/2. (a) On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit [by any] brought in the district court [in the state] having jurisdiction of said stream and in which said suit the said adjudication and determination was not had in [a] the manner provided in sections 18 to 51, inclusive, of this act, and [where] thereafter one or more of the parties [of the] as users of such adjudicated and determined rights and/or their successors in interest desire that the state engineer [to] take charge of the diversions and distribution of such rights and administer them in conformity [to] with the said final decree of the court, they may petition said district court which [issued] entered such decree requesting such administration. Upon [following] the filing of such petition, the said district court may by an order duly entered and served upon the state engineer direct [the state engineer] him to make a hydrographic survey of said stream system and to render to the court a written report, together with such maps and other necessary data as will enable the said court to determine whether or not administration of such water rights by the state engineer would be of the best interest of the water users. In the event that the said district court determines the matter affirmatively, the said court shall by its order duly entered and served on the state engineer, direct [the state engineer] him to distribute such waters in strict accordance with the said decree, and from and after the filing of such order in the district court and service thereof on the state engineer the administration of said decree and the distribution of the water thereunder shall be under the supervision and control of the said district court, [as set forth in section 36 1/2 of the above-entitled act] and the state engineer, his deputies, assistants and water commissioners, when engaged in the administration of the said final decree and the distribution of the water thereunder, shall be deemed officers of said district court only and subject only to his supervision and control.
κ1949 Statutes of Nevada, Page 105 (CHAPTER 83, SB 75)κ
and the distribution of the water thereunder, shall be deemed officers of said district court only and subject only to his supervision and control. [and the owners of all such decreed rights shall be subject to all the provisions of the above-entitled act relating thereto, including the assessment of cost for the administration of such rights.]
[The cost of making the survey and map by the state engineer as herein provided for shall be paid from the hydrographic fund as provided for in section 46 of the above-entitled act.]
(b) The cost of the hydrographic survey of the said stream system and the preparation of the reports and maps by the state engineer necessary to advise the court in the matter shall, in the first instance, be paid by the state engineer from the hydrographic fund provided for in section 46 of this act, which said section is hereby made applicable to the proceedings provided in this section, such fund shall be reimbursed for said expenditures by the water users of said stream upon approval and order of the said district court of the itemized statement therefor submitted by the state engineer in accordance with section 46.
(c) The estimated cost of the administration of the said final decree and the distribution of the waters of said stream system shall be budgeted by the state engineer in like manner and at the time as provided in section 52 of this act, the same being section 7937 N. C. L. 1929, as amended by chapter 159, Statutes of 1947, and said budget shall be first submitted to the said district court for approval and upon approval thereof by the court the same shall be submitted by the court to the board of county commissioners of the proper county and thereupon all of the provisions of said section 52 shall govern with respect to the assessment and collection of the said costs, the deposit thereof in the water distribution fund in the state treasury, and the payment of claims for the costs of administration of said final decree and the distribution of water thereunder.
Sec. 6. Section 63 of the above-entitled act, being section 7948 N. C. L. 1929, as amended by chapter 251, Statutes of 1947, is hereby amended to read as follows:
Section 63. It shall be the duty of the state engineer to approve all applications made in proper form where all fees, as in this act provided, have been paid, which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. The state engineer shall either approve or reject each application within one year from the final date for filing protest; provided, [that in the case of a protested application, action can be postponed by the state engineer, upon written authorization to do so by both protestant and applicant;] that action can be postponed by the state engineer upon written authorization to do so by the applicant or in case of a protested application, by both protestant and applicant; and provided further, that in areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final.
κ1949 Statutes of Nevada, Page 106 (CHAPTER 83, SB 75)κ
unappropriated water or the court action becomes final. But where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, it shall be the duty of the state engineer to reject said application and refuse to issue the permit asked for.
The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer; said copy of the application so endorsed shall be returned to the applicant. If approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.
Sec. 7. Section 73 of the above-entitled act, being section 7959 N. C. L. 1929, as amended by chapter 159, Statutes of 1947, is hereby amended to read as follows:
Section 73. The following fees shall be collected by the state engineer, and shall be accounted for and paid by him into the general fund of the state treasury once each month; provided, that ten dollars ($10) shall be the minimum fee for issuing and recording any permit:
(a) For examining and filing an application for permit to appropriate water, [twenty dollars ($20)] twenty-five dollars ($25) which shall include the cost of publication, which publication fee is hereby fixed at [twelve and one-half dollars ($12.50)] fifteen dollars ($15).
(b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, [twenty-five dollars ($25)] thirty dollars ($30) which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application, which publication fee is hereby fixed at fifteen dollars ($15).
(c) For issuing and recording permit to appropriate water for irrigation purposes, ten cents per acre for each acre to be irrigated, up to and including one hundred acres; and five cents for each acre in excess of one hundred acres, up to and including one thousand acres; and three cents for each acre in excess of one thousand acres.
(d) For issuing and recording permit for power purposes, five cents for each theoretical horsepower to be developed; and for issuing final certificate under permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including 100 horsepower; and twenty cents for each horsepower in excess of 100 horsepower up to and including 1,000 horsepower; and fifteen cents for each horsepower in excess of 1,000.
(e) For issuing and recording permit to store water, twenty-five dollars ($25), and for issuing final certificate under permit to store water, five cents for each acre-foot of water stored up to and including 1,000 acre-feet; and three cents for each acre-foot in excess of 1,000.
κ1949 Statutes of Nevada, Page 107 (CHAPTER 83, SB 75)κ
(f) For issuing and recording permit to appropriate water for any other purpose, $10 for each second-foot of water applied for, or fraction thereof.
(g) For filing secondary permit under reservoir permit, $5; for approving and recording permit under reservoir permit, $5.
(h) For filing proof of commencement of work, $1.
(i) For filing proof of completion of work, $1. For filing proof of beneficial use, $1.
(j) [For filing any protest, affidavit, or any other water-right instrument or paper, $1.] For filing any protest, $10; for filing any application for extension of time within which to file proofs, $5; for filing any assignment or water-right deed, $1 for each water right assigned; and for filing any other instrument, $1.
(k) For making copy of any document recorded or filed in his office, $1 for the first hundred words, and 20 cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.
(l) For certifying to copies of documents, records, or maps, $1 for each certificate.
(m) For blueprint copy of any drawing or map, 15 cents per square foot with a minimum charge of $1 per print. All such print fees shall be kept by the state engineer and used only to pay costs of printing and maintenance of printing equipment.
(n) For such other work as may be required of his office, actual cost of the work.
Sec. 8. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 139Mr. Batt.
CHAPTER 84
AN ACT to provide an appropriation for the Nevada state orphans home for the purpose of paying the increased costs of the general support of said home, and declaring an emergency therefor.
[Approved March 17, 1949]
Whereas, The biennial budget and appropriation for the Nevada state orphans home adopted by the 1947 legislature was based on a population of 53 children; and
Whereas, Such population almost immediately increased to the extent that in January of 1948 the child population reached the number of 94 and has remained at about the number of 90 ever since; and
Whereas, Since the biennial appropriation of 1947 the costs of food, clothing and all other necessaries for the children increased immeasurably and this, together with the large increase in the number thereof, has caused the cost of operation of the home to far exceed the budgeted amount for general support purposes to the extent of $31,000; and
Whereas, The increased number of children required additional supervision and additional help and consequent expense for salaries necessary to provide adequate care for the increased number of children, which said additional salaries will exhaust the appropriation therefor by May 1, 1949, and that an additional $4,000 will be necessary for the salary account to June 30, 1949; and
κ1949 Statutes of Nevada, Page 108 (CHAPTER 84, AB 139)κ
necessary to provide adequate care for the increased number of children, which said additional salaries will exhaust the appropriation therefor by May 1, 1949, and that an additional $4,000 will be necessary for the salary account to June 30, 1949; and
Whereas, Not only the moral but also the legal obligation of the State of Nevada to the children whose home is the Nevada state orphans home required the incurring of all of such increased costs and the incurring of bills and claims therefor; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of thirty-five thousand ($35,000) dollars for the following purposes: For the payment of bills and claims incurred for the general support of the Nevada state orphans home, $31,000; for the payment of additional salaries of employees of said home from May 1 to June 30, 1949, $4,000. All claims for the aforesaid purposes shall be audited and paid as other claims against the state are audited and paid, and upon the approval thereof by the state board of examiners the state controller shall draw his warrants therefor and the state treasurer shall pay the same.
Sec. 2. This act is hereby declared an emergency measure and shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 47Mr. Swackhamer.
CHAPTER 85
AN ACT to provide an additional and supplemental appropriation for the office of state parole officer.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1949, there is hereby appropriated out of any funds of the state treasury in the State of Nevada, not otherwise specifically allotted, the sum of six hundred ($600) dollars as an additional and supplemental appropriation to that allowed in the budget for the general support of the office of state parole officer, apportioned as follows:
Six hundred ($600) dollars for travel expense.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall become effective immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 109κ
Assembly Bill No. 169Mr. Fuetsch.
CHAPTER 86
AN ACT to amend an act entitled An act concerning crimes and punishments and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 461 of the above-entitled act, being section 10414, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
Section 461. Any person who shall obtain food, foodstuffs, lodging, merchandise or other accommodation at any hotel, trailer park, motor court, inn, boarding, rooming, eating house, grocery store, market, or dairy, with intent to defraud the owner or keeper thereof, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not more than six months. Proof that lodging, food, foodstuffs, merchandise, or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for such food, foodstuffs, lodging, merchandise, or other accommodations, or that he gave in payment for such food, foodstuffs, lodging, merchandise, or other accommodation negotiable paper on which payment was refused, or that he absconded without paying, or offering to pay for such food, foodstuffs, lodging, merchandise, or other accommodation, or that he surreptitiously removed or attempted to move his baggage, shall be prima-facie evidence of the fraudulent intent mentioned herein; but this act shall not apply where there has been an agreement in writing for delay in payment for a period to exceed ten days. All acts or other parts of acts that conflict herewith are hereby repealed.
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.
________
Assembly Bill No. 290Washoe County Delegation.
CHAPTER 87
AN ACT concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:
κ1949 Statutes of Nevada, Page 110 (CHAPTER 87, AB 290)κ
The sheriff of Washoe County shall receive a salary of four thousand eight hundred dollars ($4,800) per annum, and such commissions as ex officio license collector, as are now allowed by law.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of four thousand eight hundred dollars ($4,800) per annum.
The county assessor shall receive a salary of four thousand eight hundred dollars ($4,800) per annum.
The county assessor shall also receive a further sum of not more than five hundred dollars ($500) per annum for traveling expenses.
The district attorney shall receive a salary of four thousand eight hundred dollars ($4,800) per annum.
The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed three thousand six hundred dollars ($3,600) per annum.
The county treasurer shall receive a salary of three thousand dollars ($3,000) per annum.
The county recorder and auditor shall receive a salary of three thousand dollars ($3,000) per annum.
The county commissioners of Washoe County shall each receive the sum of two hundred dollars ($200) per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 2. Chapter 146, page 479, Statutes of Nevada 1947, and 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 April 1, 1949.
________
Assembly Bill No. 32Mr. Tomlinson.
CHAPTER 88
AN ACT to amend an act entitled An act to provide for free public libraries in counties and other matters relating thereto, approved March 21, 1925, as amended.
[Approved March 17, 1949]
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 5595 N. C. L. 1929, as amended by chapter 35, page 53, Statutes of Nevada 1943, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 111 (CHAPTER 88, AB 32)κ
Section 1. The county commissioners of the several counties of the State of Nevada may set apart the sum of [three thousand dollars ($3,000)] five thousand dollars ($5,000) to be used in the establishment and maintenance of a free public library in the county seat of each county of the State of Nevada; and each year thereafter said board of county commissioners [shall] may set apart an amount sufficient adequately to maintain the same, but not exceeding the [sum of $3,000] amount originally set apart; provided, that in cases where the total assessable property valuation of the county decreases to the extent of fifteen percent or more, then the appropriation may, in the discretion of the board of county commissioners, be discontinued. The fund so created shall be known as the Public Library Fund.
________
Assembly Bill No. 51Mr. Claiborne.
CHAPTER 89
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 85 of the above-entitled act, being N. C. L. 1929, section 10034, is hereby amended to read as follows:
Section 85. Every person having taken a lawful oath, or made affirmation in a judicial proceeding, or in any other matter where, by law, an oath or affirmation is required, who shall willfully and corruptly make an unqualified statement of that which he does not know to be true, or who shall swear or affirm willfully, corruptly, and falsely, in a matter material to the issue or point in question, or who shall suborn any other person to make such unqualified statement, or to swear or affirm, as aforesaid, shall be deemed guilty of perjury, or subornation of perjury, as the case may be, and, upon conviction thereof, shall be punished by imprisonment in the state prison for any term not less than one or more than fourteen years [.] , or in the discretion of the court may be sentenced to a term of not exceeding one year in the county jail. In the event a county jail sentence is imposed, as above provided, the offense for all purposes shall be deemed a gross misdemeanor.
Sec. 2. This act shall take effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 112κ
Assembly Bill No. 149Committee on Public Printing.
CHAPTER 90
AN ACT to amend an act entitled An act regulating the registration of electors for general, special, and primary elections, approved March 27, 1917.
[Approved March 17, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 18 of the above-entitled act, being section 2377, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 18. The county clerk shall, at least ten days preceding any election, cause to be printed or written, lists of all electors registered and entitled to vote in the individual precincts of such county, and shall forthwith forward to the secretary of state a full, true and correct list of all registered voters with their post-office addresses. Such lists of registered electors shall contain the names of the electors in full.
The expense of printing or writing said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, not less than five copies of such written or printed registry lists in not less than five conspicuous places within the proper precincts, outside of incorporated cities; provided, that the printing or writing shall cost not to exceed [five] ten cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof. He shall cause to be published in not to exceed two papers published in different parts of the county, for one insertion, a complete list of all the registered voters of said county, segregated by the precincts; provided, that the cost to the county shall not exceed five cents per name to each newspaper publishing such notice. He shall furnish to any qualified elector applying therefor copies of any precinct or county lists at a charge of not to exceed ten cents per folio therefor.
________
Assembly Bill No. 108Mr. Buol.
CHAPTER 91
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 466 of the above-entitled act, being section 8955 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 466. A judicial record of this state, or the United States, may be proved by the production of the original, or a copy thereof, or by the production of a microfilm or photostatic copy of such record, certified by the clerk, or other person having the legal custody thereof, under the seal of the court, to be a true copy of such record.
κ1949 Statutes of Nevada, Page 113 (CHAPTER 91, AB 108)κ
may be proved by the production of the original, or a copy thereof, or by the production of a microfilm or photostatic copy of such record, certified by the clerk, or other person having the legal custody thereof, under the seal of the court, to be a true copy of such record.
Sec. 2. Section 467 of the above-entitled act, being section 8956 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 467. The original, or a microfilm or photostatic copy, or a copy of any record, other than a judicial record, document, or paper in the custody of a public officer of this state, or of the United States, certified under the official seal [, or verified by the oath] of such officer to be the original or to be a photostat or microfilm, or to be a true, full and correct copy, of the original in his custody, may be [read] received in evidence in any action or proceeding in the courts of this state, in like manner and with the like effect as the original could be if produced. A public record or document in the custody of a public officer of this state, in a public office, may be proved and admitted in evidence in any court by the certificate of the legal keeper or custodian thereof that it is genuine and authentic, and by his seal, if there be one annexed.
Sec. 3. Section 471 of the above-entitled act, being section 8960 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 471. Printed copies in volumes of statutes, code or other written law, or photostatic or microfilm copies thereof, enacted by any other state, or territory, or foreign government, purporting or proved to have been published by the authority thereof, or proved to be commonly admitted as evidence of the existing law, in the courts and judicial tribunals of such state, territory, or government, shall be admitted by the courts and officers of this state on all occasions as presumptive evidence of such laws.
Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed.
Sec. 5. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 140Mr. Claiborne.
CHAPTER 92
AN ACT to amend an act entitled An act providing for the removal from office of public officers for malfeasance or nonfeasance in office, regulating the mode of procedure and other matters properly connected therewith, approved March 24, 1909.
[Approved March 18, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 21 of the above-entitled act, being 1929 N. C. L., section 4860, hereby is amended to read as follows:
κ1949 Statutes of Nevada, Page 114 (CHAPTER 92, AB 140)κ
Section 21. [If any] Any person now holding or who shall hereafter hold any office in this state, who shall refuse or neglect to perform any official act in the manner and form [as now] prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, may [also] be removed therefrom as hereinafter prescribed.
Sec. 2. Section 22 of the above-entitled act, being 1929 N. C. L., section 4861, hereby is amended to read as follows:
Section 22. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the district court, alleging that any officer within the jurisdiction of said court has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office as prescribed by law, or has been guilty of any malpractice or malfeasance in office, it shall be the duty of the court to cite the party charged to appear before him on a certain day, not more than ten or less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the court shall enter a decree that said party complained of shall be deprived of his office. [, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as are allowed in civil cases.]
Sec. 3. All acts or parts of acts inconsistent with this act are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 146Committee on Public Morals.
CHAPTER 93
AN ACT to amend an act entitled An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violation of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, as amended.
[Approved March 19, 1949]
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 3302, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 1. From and after the passage and approval of this act, it shall be unlawful for any person, firm, association, or corporation, either as owner, lessee, or employee, whether for hire or not, to deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada, any game of faro, monte, roulette, keno, fan-tan, twenty-one, black jack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker, or any banking or percentage game played with cards, dice, or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game in which any person, firm, association or corporation keeping, conducting, managing, or permitting the same to be carried on, receives directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the same game to be carried on; or to operate, carry on, conduct or maintain any racehorse book or sports pool; or provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or to pay, maintain, or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first procured a license for the same as hereinafter provided; and provided further, that no alien, or any person except a citizen of the United States, shall be issued a license, or shall directly or indirectly own, operate, or control any game or device so licensed.
κ1949 Statutes of Nevada, Page 115 (CHAPTER 93, SB 146)κ
operate, carry on, conduct, maintain or expose for play in the State of Nevada, any game of faro, monte, roulette, keno, fan-tan, twenty-one, black jack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker, or any banking or percentage game played with cards, dice, or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game in which any person, firm, association or corporation keeping, conducting, managing, or permitting the same to be carried on, receives directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the same game to be carried on; or to operate, carry on, conduct or maintain any racehorse book or sports pool; or provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or to pay, maintain, or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first procured a license for the same as hereinafter provided; and provided further, that no alien, or any person except a citizen of the United States, shall be issued a license, or shall directly or indirectly own, operate, or control any game or device so licensed.
Sec. 2. Section 7 of the above-entitled act, being section 3302.06, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 7. The violation of any of the provisions of this act shall act as an immediate revocation of any and all licenses which may have been issued to the violator, [or which may have been issued for the particular room and premises in which any such violation occurred,] and, in addition, the court may, upon application of the district attorney of the county or of the Nevada tax commission, order that no new or additional license or licenses under this act shall issue to such violator or for the room and premises in which such violation occurred for a period of one (1) year from the date of such revocation.
Sec. 3. Section 10a of the above-entitled act, as amended by chapter 248, 1945 Statutes of Nevada, page 492, is hereby amended to read as follows:
Section 10a. It shall be unlawful for any person, firm, association, or corporation, either as owner, lessee or employee, whether for hire or not, to deal, operate, carry on, conduct, maintain, or expose for play, in the State of Nevada, any gambling game or games, played for money, property, checks, or representatives of value; or any gambling game or games in which any person, firm, association, or corporation, keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, or carrying on, or permitting the said game or games to be carried on, without having first procured a state gambling license for the same as hereinafter provided. And it shall also be unlawful for any person, firm, association, or corporation to lend, let or deliver any equipment of any gambling game, including any slot machine for any [compensation, rental, reward, partnership,] interest or any percentage or share of the money or property played, under guise of any agreement whatsoever, without likewise having first procured a state gambling license for the same as hereinafter provided.
κ1949 Statutes of Nevada, Page 116 (CHAPTER 93, SB 146)κ
agreement whatsoever, without likewise having first procured a state gambling license for the same as hereinafter provided. The provisions of this section shall be deemed to require licensing of all games, devices, machines, services or operations included under section 1 of this act.
Sec. 4. Section 10b of the above-entitled act as amended by chapter 248, 1945 Statutes of Nevada, page 492, is hereby amended to read as follows:
Section 10b. [The provisions of this act respecting state gambling licenses shall be administered by the Nevada tax commission, which is hereby empowered to make rules and regulations necessary for the administration of this act and not inconsistent with the provisions hereof. It shall have power to demand access to and to inspect all papers and records of applicants and licensees respecting the gross revenue produced by their business and all other matters affecting the licenses and license rates provided herein; all information and data required by the commission to be furnished to it hereunder or which may be otherwise obtained, relative to the earnings or revenue of any applicant or licensee shall be considered confidential and shall not be revealed in whole or in part to anyone except in the course of the necessary administration of this act.] The provisions of this act respecting state gaming licenses shall be administered by the Nevada state tax commission which is hereby charged with administering the same for the protection of the public and in the public interest and said tax commission is hereby empowered to make such rules and regulations as may be necessary for the administration of this act and not inconsistent with the provisions hereof, which said rules and regulations may include, without limitation thereof, the following:
(1) Prescribing the method and form of application which any applicant for a gaming license shall follow and complete prior to consideration of said commission of his application.
(2) Prescribing the manner and method of collecting fees and issuing licenses.
(3) Defining the area, games and devices for the purpose of the establishment tax as required under section 10ee of this act.
(4) Information concerning applicants antecedents, habits and character.
(5) Requiring fingerprinting of an applicant or licensee or other method of identification.
(6) Prescribing under what conditions the judicial determination of the nonpayment of a gambling debt by an operator shall be deemed grounds for revocation or suspension of his license.
(7) Prescribing the manner and procedure of all hearings conducted by said commission, and notices thereof.
The Nevada tax commission may limit said licenses, or place such conditions thereon, as it may, in the public interest, deem necessary.
The Nevada tax commission, its agents, inspectors and employees, shall have the authority to inspect and examine all premises wherein gambling is conducted; to inspect all equipment and supplies used therein for gambling purposes; and to remove under legal process from said premises any of such equipment or supplies for the purpose of examination and inspection; and shall have the further power to demand access to and inspect all papers and records of applicants and licensees respecting the gross income produced by their business and all other matters affecting the licenses and license rates provided herein.
κ1949 Statutes of Nevada, Page 117 (CHAPTER 93, SB 146)κ
therein for gambling purposes; and to remove under legal process from said premises any of such equipment or supplies for the purpose of examination and inspection; and shall have the further power to demand access to and inspect all papers and records of applicants and licensees respecting the gross income produced by their business and all other matters affecting the licenses and license rates provided herein. For the purpose of the administration of this act, the members of the Nevada tax commission, its agents, inspectors and employees shall be invested with the powers of a peace officer of the State of Nevada. All information and data required by the commission to be furnished to it hereunder or which may be otherwise obtained shall be considered confidential and shall not be revealed in whole or in part to anyone except in the course of the necessary administration of this act, except upon court order.
Sec. 5. Section 10e of the above-entitled act, as amended by chapter 223, 1947 Statutes of Nevada, page 734, is hereby amended to read as follows:
Section 10e. The Nevada tax commission, before issuing a state gambling license, shall charge and collect from each applicant a license fee equal to two (2%) percent of all the gross revenue of such applicant. No state gambling license shall be issued to any applicant, except a provisional license as provided in this act, until the license fee has been paid in full. [The commission shall have power to prescribe penalties for unreasonable delays of fifteen (15) days or more in the payment of license fees, which penalties shall not be less than five dollars ($5) nor more than ten (10%) percent of the amount withheld from, or delayed in, payment, and to add said penalties to the amount due and collect the same as in the case of the collection of other charges, licenses, and penalties under this act.] Any person failing to pay the license fees provided for hereunder on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than ten ($10) dollars, or ten (10%) percent of the gross amount due, whichever is the greater, which penalty shall be collected as other charges, licenses and penalties under this act.
Any person who willfully fails to report, pay, or truthfully account for and pay over the license fees imposed by this act, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, shall, in addition to the amount due, be liable to a penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as other charges, licenses and penalties under this act.
Sec. 6. Section 10ee of the above-entitled act, as amended by chapter 223, 1947 Statutes of Nevada, page 734, is hereby amended to read as follows:
Section 10ee. Prior to the 10th day of January, 1950, for the 1950 calendar year, and the 10th day of January of every year thereafter, in addition to the license provided for in sections 1 to 5, inclusive, of this act, and the state gambling license provided for in sections 10, 10a, 10b, 10c, 10d, and 10e of this act, as amended, the Nevada tax commission shall, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
κ1949 Statutes of Nevada, Page 118 (CHAPTER 93, SB 146)κ
shall, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
(a) Those establishments operating or to operate [three] four games, the sum of seven hundred fifty ($750) dollars.
(b) Those establishments operating or to operate [four or] five games, the sum of seventeen hundred fifty ($1,750) dollars.
(c) Those establishments operating or to operate six or seven games, the sum of three thousand ($3,000) dollars.
(d) Those establishments operating or to operate eight to ten games, inclusive, the sum of six thousand ($6,000) dollars.
[(e) Those establishments operating or to operate eleven to thirteen games, inclusive, the sum of ten thousand ($10,000) dollars.
(f) Those establishments operating or to operate fourteen to twenty games, inclusive, the sum of twenty thousand ($20,000) dollars.
(g) Those establishments operating or to operate twenty-one games or more, the sum of thirty thousand ($30,000) dollars.]
(e) Those establishments operating or to operate more than ten (10) games the sum of one thousand ($1,000) dollars for each game so operating or to operate.
In computing the number of games operated or to be operated by an applicant hereunder, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under chapter 57, 1941 Statutes, page 64, shall be construed as and deemed a game within the meaning of this section.
Except for the period expiring December 31, 1947, all licenses shall be issued for the calendar years beginning January first and expiring December thirty-first and regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees [.] ; provided, however, that for the calendar year of 1949, the annual license fees provided for in this section shall be determined on the basis set forth in section 10ee of chapter 223, 1947 Statutes of Nevada, page 734. In the event any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or a group of rooms in the same or contiguous building.
κ1949 Statutes of Nevada, Page 119 (CHAPTER 93, SB 146)κ
The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
The sheriff of any county shall not issue the licenses provided for in sections 1 to 5 of this act unless the applicant for such licenses shall first have obtained from the Nevada tax commission the licenses as provided in this section.
Sec. 7. Section 10ff of the above-entitled act, as amended by chapter 223, 1947 Statutes of Nevada, page 734, is hereby amended to read as follows:
Section 10ff. Whenever the Nevada tax commission shall have reasonable grounds to believe that any licensee under this act has violated any of the provisions of said act, or the rules and regulations promulgated hereunder, or knowingly permitted another to violate any of the provisions of said act or rules and regulations on his licensed premises, it shall cite said licensee on due notice in writing to appear before it and show cause why the license of said licensee should not be revoked or suspended. If upon such hearing the commission shall be satisfied that the licensee has committed or knowingly permitted a violation of any of the provisions of this act, or rules and regulations, it shall have the power to revoke or suspend the license of such licensee summarily. Any such revocation or suspension so made shall become and remain effective until reversed or modified by a court of competent jurisdiction upon review. The provisions of this section shall be construed as supplemental to and in addition to any other penalties prescribed in this act for the violation of the provisions of said act.
Sec. 8. The above-entitled act, as amended, is hereby further amended by adding thereto a new section, to be known as section 13c to follow immediately after section 13b of said act and to read as follows:
Section 13c. No county, incorporated city or town, or unincorporated city or town shall grant a license for gaming to any applicant unless such applicant shall hold a state gaming license issued by the Nevada state tax commission as hereinafter provided. The issuance, however, by the state tax commission of said license shall impose no requirement upon any such county, city or town to issue a gaming license to said applicant. No person shall be permitted to engage in gaming operations in the State of Nevada, as defined under section 1, unless said individual shall have all of the necessary licenses required by this act or by any city or town or unincorporated city or town.
Sec. 9. This act shall be effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 120κ
Assembly Bill No. 45Mr. Boak.
CHAPTER 94
AN ACT to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 38 of the above-entitled act, being section 2475 N. C. L. 1929, as amended by chapter 106, 1945 Statutes of Nevada, is hereby further amended to read as follows:
Section 38. The county clerk shall provide for each election precinct in the county one hundred ten ballots for each one hundred voters registered therein. That members of our armed forces of the United States and other qualified voters stationed in distant lands who make application for absent voters ballots may receive and return such absent voters ballots in time to be voted at any primary or regular November election, it shall be the duty of county clerks to order the paper to be used for the official primary and regular November election ballots immediately after the closing of the regular primary election registration, forty days preceding the primary election, and shall provide for each election precinct in the county for use in the primary election not more than one hundred [fifty] ten ballots for each one hundred voters so registered, and not more than one hundred [seventy-five] ten ballots for use in the general November election for each one hundred voters registered as aforesaid for such primary election.
Ballots for any regular November election shall be printed and mailed to applicants for absent voters ballots immediately upon the certification by the secretary of state to the county clerks of the results of such primary election.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 59Mr. Capurro.
CHAPTER 95
AN ACT to amend section 14 of an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 14 of the above-entitled act, being 1931-1941 Supp., N. C. L. 1929, section 5337, is hereby amended to read as follows:
Section 14. Whenever it shall appear to the state highway engineer that any work or improvements can be done in a more economical or other satisfactory manner than by contract, it shall be discretionary with the state highway engineer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him.
κ1949 Statutes of Nevada, Page 121 (CHAPTER 95, AB 59)κ
that any work or improvements can be done in a more economical or other satisfactory manner than by contract, it shall be discretionary with the state highway engineer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him. Publication thereof shall be made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks, in a weekly, semiweekly, or triweekly newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days. Such advertisement shall state the place where the bidders may inspect the plans and specifications and the time and place for opening the same. The first publication thereof shall be made not less than fifteen days prior to the time set for opening bids. [Every bid shall be accompanied by a certified check of the bidder, or the equivalent thereof, in an amount equal to five percent of his bid, said amount to be forfeited to the state highway fund should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and give the bond required within fifteen days after notice of such award. The checks of all unsuccessful bidders shall be returned immediately after the contract is awarded and the bond given.] Every bid shall be accompanied by an undertaking, executed by a corporate surety company authorized to do business in the State of Nevada, in an amount equal to five percent of his bid, or in the alternative every bid shall be accompanied by cash or a certified check of the bidder in an amount equal to five percent of his bid; said certified check to be made payable to the state highways fund and said certified check or said cash to be forfeited to the state highways fund should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and give the bond required within fifteen days after notice of such award; said undertaking provided for herein if used to be conditioned to the effect that should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and to give the bond required by said contract within fifteen days after notice of such award; said surety company shall forthwith pay into the state highways funds the sum set forth in the undertaking. The checks or cash of all unsuccessful bidders deposited as required by this section shall be returned immediately after the contract is awarded and the performance bond provided for in the contract given. Should an undertaking be deposited by the bidder as provided for in this section, said undertaking shall be returned to the surety company and the surety discharged immediately after the contract is awarded and the performance provided for in the contract given.
The state engineer shall, before furnishing any person proposing to bid on any such duly advertised work with the plans and specifications for such work, require from such person a statement, under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which shall include a complete statement of the persons financial ability and experience in performing public work of a similar nature.
κ1949 Statutes of Nevada, Page 122 (CHAPTER 95, AB 59)κ
proposing to bid on any such duly advertised work with the plans and specifications for such work, require from such person a statement, under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which shall include a complete statement of the persons financial ability and experience in performing public work of a similar nature. Such statements shall be filed with the state highway engineer in ample time to permit the department to verify the information contained therein in advance of furnishing proposal form and plans and specifications to any such person proposing to bid on any such duly advertised public work, in accordance with the departments rules and regulations, to be adopted as hereinafter provided. Whenever the state highway engineer is not satisfied with the sufficiency of the answers contained in such questionnaire and financial statement he may refuse to furnish such person with plans and specifications and the official proposal forms on any such duly advertised project, and any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance herewith must be disregarded, and the certified check of such bidder returned forthwith. Any person who may be disqualified by the state highway engineer, in accordance with the provisions of this section, may request, in writing, a hearing before the state highway engineer and present again his certified check and such further evidence with respect to his financial responsibility, organization, plant, and equipment, or experience, as might tend to justify, in his opinion, issuance to such person of the plans and specifications for such work. Any such person shall have the further right of appeal from the decision of the state highway engineer to the board of directors of the state highway department; provided, such appeal is made not later than five days prior to the opening of bids on any such project, and if such appeal be sustained by said board such person shall be admitted to the rights and privileges of all other bidders herein. The state highway engineer, by and with the approval of the board of directors, shall make such rules and regulations as are necessary to carry out the intent of this section. The word person as used in this section shall include individuals, copartnerships, associations, corporations, or joint stock companies and their representatives, trustees, or receivers appointed by any court of competent jurisdiction.
All bids so submitted shall be received at the office of the department of highways and shall be publicly opened and read at the time stated in the advertisement. The department of highways shall have the right to reject any and all bids, if, in the opinion of the department, the bids are unbalanced, or for any good cause. In awarding contract the department of highways shall make the award to the lowest responsible bidder, who has qualified and submitted his proposal in accordance with the procedure in this section provided. The successful bidder shall be required to furnish bond, with sureties, approved by the department of highways in a sum equal to the full or total amount of the contract awarded; two thirds of such bond to be conditioned that such work under the contract shall be performed in accordance with the plans and specifications and the terms of contract, and one third of such bond to be conditioned as additional protection for labor, material, and supplies furnished upon or used in, upon, or about, or for the performance of said work, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond.
κ1949 Statutes of Nevada, Page 123 (CHAPTER 95, AB 59)κ
be conditioned that such work under the contract shall be performed in accordance with the plans and specifications and the terms of contract, and one third of such bond to be conditioned as additional protection for labor, material, and supplies furnished upon or used in, upon, or about, or for the performance of said work, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond. When the contract is executed, a copy of the same, including plans and specifications and estimates of cost, shall be filed forthwith in the office of the department of highways, and a like copy filed with the clerk of the board of county commissioners of the county in which the work is to be performed.
The state highway engineer may receive proposal and, with the approval of the highway commission, award contracts for state highway construction and reconstruction by informal bids on projects estimated to cost not in excess of $5,000. Such informal bids shall be submitted in accordance with due notice thereof having appeared in any publication for a period of one day. No contract for such work shall be awarded unless at least three informal bids are received from duly qualified bidders on each such project. Contracts awarded under provisions of this paragraph shall be accompanied by surety bonds, and shall be executed in the same manner as provided hereinbefore in this section.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 199Mr. Fuetsch.
CHAPTER 96
AN ACT to regulate the issuance of licenses to engage in the business of selling merchandise at retail, and providing for the collection of a fee in connection therewith.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No county license board and no other licensing authority, whether county, city or township, within the State of Nevada, shall issue or transfer any license to any person, firm or corporation authorizing such person, firm or corporation to engage in, or in any manner carry on business of the retail sale of wines, beers, liquors, soft drinks, produce, meats or other foodstuffs, clothing, hardware, or any other type or class of merchandise whatsoever without requiring the applicant or applicants for such license to file with such licensing authority an affidavit showing:
1. Whether such applicant or applicants are engaged in business under a fictitious name and if so engaged in business, that such applicant or applicants have complied with the provisions of that certain act entitled An act requiring any person or persons transacting business in this state under a fictitious name or designation to file certificate thereof, and providing penalties for a violation hereof, and repealing all acts in conflict herewith, approved March 20, 1923, being 1929 N.
κ1949 Statutes of Nevada, Page 124 (CHAPTER 96, AB 199)κ
entitled An act requiring any person or persons transacting business in this state under a fictitious name or designation to file certificate thereof, and providing penalties for a violation hereof, and repealing all acts in conflict herewith, approved March 20, 1923, being 1929 N. C. L., sections 4450 to 4459, inclusive.
2. Whether there has been any change in ownership in business of the applicant, or applicants, during the preceding calendar year, and if there has been any such change in ownership, that such change was made in compliance with the provisions of that certain act entitled An act to regulate the purchase, sale, transfer, and encumbrance of a stock of goods, wares, and merchandise, otherwise than in the usual course of trade, and prescribing penalties for the violation thereof, approved March 20, 1907, being 1929 N. C. L., sections 6816 to 6820, inclusive.
Sec. 2. Any licensing authority coming within the provisions of section 1 of this act is hereby authorized to collect a filing fee not to exceed three dollars for the filing of the affidavit required to be filed by this act.
Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 255Messrs. Capurro and Fuetsch.
CHAPTER 97
AN ACT to permit the boards of county commissioners of the several counties of the state to provide funds for transportation of nonresident indigents.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, the board of county commissioners of each of the several counties of the State of Nevada is hereby authorized to make budgetary provision for transportation of nonresident indigents from their respective counties to the residence of such indigents. When funds are so budgeted, such board is authorized to direct their expenditure for such purposes.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 125κ
Assembly Bill No. 292Mr. Norstrom.
CHAPTER 98
AN 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 the state fish and game commission, county game management boards, and certain other 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 regulation and licensing 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 establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and 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 22, 1947.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 45 of the above-entitled act, being chapter 101, page 364, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 45. It shall be unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species whatever with any seine, net, spear, set line, set hooks, grab hooks, trot line, or snag line, or in any manner known as snagging, or with any weir fence, trap, giant powder, or any other explosive compound, or in any manner other than with hook and line attached to a rod held in the hands and in the manner known as angling; provided, that carp or other coarse fish may be taken by seine. As used in this section, the word hook shall be deemed to include not more than three baited hooks, nor more than three fly hooks, or [a spoon] an attractor or plug or similar lure in one piece or jointed, having not more than three hooks attached thereto; provided, that [only one such spoon, plug, or lure] no more than two such attractors, plugs, or lures shall be attached to the line; and provided further, that only one such combination of hook, line, and rod shall be used by one person at any time.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 126κ
Assembly Bill No. 69Mr. Bacigalupi.
CHAPTER 99
AN ACT to prohibit certain persons from loitering in saloons, and fixing penalties for the violation thereof.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any person under twenty-one (21) years of age, unaccompanied by a parent or guardian, who shall loiter or remain on the premises of any saloon where spirituous, malt, or fermented liquors or wine are sold, is guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 274Messrs. Mount and Norstrom.
CHAPTER 100
AN ACT to separate the offices of sheriff and assessor in the county of Mineral, State of Nevada; providing for the compensation of each of said officers; and providing for the appointment or election of such officers and repealing acts in conflict herewith.
[Approved March 19, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the first Monday in January 1951, the office of sheriff and the office of assessor of Mineral County, State of Nevada, shall be separate offices, and shall not be held by the same person concurrently. In the event of a vacancy in the present office of sheriff-assessor of Mineral County, State of Nevada, as the same is now constituted, the said offices of sheriff and assessor shall be separated as of the date when such vacancy occurs, and the board of county commissioners of said Mineral County, State of Nevada, shall proceed to fill the said office of sheriff and said office of assessor by appointing qualified persons to such offices for a term expiring on the first Monday in January 1951.
Sec. 2. When the offices of sheriff and assessor of Mineral County, State of Nevada, have been constituted as separate offices the sheriff shall be paid at the rate of thirty-six hundred dollars ($3,600) per annum and the assessor shall be paid at the rate of thirty-six hundred dollars ($3,600) per annum. In addition hereto the sheriff is authorized to employ an undersheriff who shall be paid at the rate of three thousand three hundred sixty ($3,360) per annum and the assessor is authorized to employ a deputy who shall be paid at the rate of two thousand seven hundred dollars ($2,700) per annum.
κ1949 Statutes of Nevada, Page 127 (CHAPTER 100, AB 274)κ
is authorized to employ a deputy who shall be paid at the rate of two thousand seven hundred dollars ($2,700) per annum.
Sec. 3. All acts insofar as they may be in conflict with this act are hereby repealed.
Sec. 4. This act shall become effective on the first day of April 1949.
________
Assembly Bill No. 111Mr. Johnson.
CHAPTER 101
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 21, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 373 of the above-entitled act, being 1929 N. C. L. section 10323, as amended by chapter 57, page 85, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 373. Every person who shall feloniously steal, take and carry away, lead or drive away, the personal goods or property of another, of the value of [two hundred] one hundred dollars or more shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than two years nor more than fourteen years.
Sec. 2. Section 374 of the above-entitled act, being 1929 N. C. L. section 10324, as amended by chapter 57, page 85, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 374. Every person who shall steal, take, and carry, lead, or drive away, the personal goods or property of another, under the value of [two hundred] one hundred dollars, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.
Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed.
________
κ1949 Statutes of Nevada, Page 128κ
Assembly Bill No. 303Humboldt County Delegation.
CHAPTER 102
AN ACT authorizing and directing the county commissioners of Humboldt County, State of Nevada, to transfer certain funds from the Winnemucca grammar school district No. 7 bond redemption fund to the general fund of Winnemucca grammar school district No. 7, and specifying the duties of the county auditor and treasurer in connection therewith.
[Approved March 21, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Humboldt County, Nevada, are hereby authorized and directed to transfer from the Winnemucca grammar school district No. 7 bond redemption fund the sum of one thousand three hundred eighty-seven dollars and forty-six cents ($1,387.46) to the general fund of Winnemucca grammar school district No. 7. The county auditor and treasurer of Humboldt County are directed to do all such acts as may be required to effect the purpose of this act.
Sec. 2. This act shall be in full force and effect immediately upon its passage and approval.
________
Senate Bill No. 33Committee on Agriculture and Irrigation.
CHAPTER 103
AN ACT to amend an act entitled An act to provide for the conservation and distribution of underground waters, providing for the designation of artesian well basins and defining such wells and providing the method of appropriating the waters thereof; defining the powers and duties of the state engineer in the administration hereof; providing for the casing and capping of artesian wells and for the prevention of waste of water therefrom; prescribing penalties for the violation of the provisions of this act, and repealing certain acts and parts of acts in conflict herewith, approved March 25, 1939, as amended.
[Approved March 21, 1949]
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 7993.11, 1929 N. C. L. 1941 Supp., as amended by chapter 43, Statutes of 1947, is hereby amended to read as follows:
Section 2. The word person as used herein shall be interpreted to mean any firm, partnership, association, company, or corporation, municipal corporation, power district, political subdivision of this or any state or United States government agency. The word aquifer as used herein means a geological formation or structure that transmits water. The words artesian well as used herein mean a well tapping an aquifer underlying an impervious material in which the static water level in said well stands above where it is first encountered in said aquifer.
κ1949 Statutes of Nevada, Page 129 (CHAPTER 103, SB 33)κ
in said aquifer. The word waste as used herein is defined as causing suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20% of the amount of water discharged from said well, or in any event where over 20% of the water discharging from a well is lost from beneficial use. The words well driller as used herein means any person, firm, copartnership, association, or corporation who shall drill a well or wells for compensation or otherwise, upon land other than his own. The words general water law as used herein means the statutory water laws of 1913 and all amendments thereto. The terms underground water and ground water as used herein are synonymous.
Sec. 1.1. Section 3 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 7993.12, as amended by chapter 43, page 53, Stats. of Nevada 1947, is hereby amended to read as follows:
Section 3. The act shall not apply to the developing and use of underground water for domestic purposes where the draught does not exceed two gallons per minute [and where the water developed is not from an artesian well within a designated area as hereinafter provided for under section 4] except as to the furnishing of any information required by the state engineer.
Sec. 2. Section 4 of the above-entitled act, being section 7993.13, 1929 N. C. L. 1941 Supp., as amended by chapter 43, Statutes of 1947, is hereby amended to read as follows:
Section 4. Upon receipt by the state engineer of a petition requesting him to administer the provisions of this act, as relating to designated areas, signed by not less than [10] 15 percent of the owners of wells, in any particular basin or portion therein, having a legal right to appropriate underground water therefrom, he shall cause to be made the necessary investigations to determine if such administration would be justified and if his findings are affirmative he shall designate such area by basin, or [by subbasin, or by township] portion therein, and shall make an official order describing the boundaries by legal subdivision as nearly as possible, and proceed with the administration of this act as provided for herein. Such supervision to be exercised on all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939; save and excepting those wells coming under the provisions of section 3 of this act.
Sec. 3. Section 6 of the above-entitled act, being section 7993.15, 1929 N. C. L. 1941 Supp., as amended by chapter 43, Statutes of 1947, is hereby amended to read as follows:
Section 6. Every person desiring to sink or bore a well in [any proven artesian basin, or] any basin or [subbasin] portion therein in the state designated by the state engineer, as herein provided for, shall first make application to and obtain from the state engineer a permit to appropriate such water in accordance with the provisions of the general water law of this state relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of said well.
κ1949 Statutes of Nevada, Page 130 (CHAPTER 103, SB 33)κ
shall first make application to and obtain from the state engineer a permit to appropriate such water in accordance with the provisions of the general water law of this state relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of said well. In other basins or [subbasin] portion therein which have not been designated by the state engineer as aforesaid where the water sought to be appropriated is underground water existing in unconfined aquifers and not being under any hydrostatic (artesian) pressure, no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed. Before any legal diversion of water can be made from said well the appropriator must make application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water.
Sec. 4. Section 10 of the above-entitled act, being section 7993.19, 1929 N. C. L. 1941 Supp., as amended by chapter 43, Statutes of 1947, is hereby amended to read as follows:
Section 10. The state engineer shall administer this act and shall prescribe all necessary rules and regulations within the terms of this act for such administration. The state engineer may require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights; may upon his own initiation conduct pumping tests to determine if overpumping is indicated, to determine the specific [capacity] yield of the aquifers and to determine permeability characteristics; he shall determine if there is unappropriated water in the area affected and shall issue permits only if such determination is affirmative. It shall be an express condition of each appropriation of ground water acquired under this act that the right of the appropriator shall relate to a specific quantity of water [which may be obtained with a pumping lift which does not exceed the maximum lift found by the state engineer to be reasonable or feasible at the time of the granting of the permit] and that such right [does not include the right to have the water level] must allow for a reasonable lowering of the static water level at the appropriators point of diversion; and provided, that in determining such reasonable lowering of the static water level in a particular area, the state engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of water use on the economy of the area in general; [maintained at any level higher than that necessary to make effective such reasonable or feasible pumping lift] and nothing herein shall be so construed as to prevent the granting of permits to applicants later in time on the ground that the diversions under such proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as the rights of holders of existing appropriations can be satisfied under such express conditions. The state engineer at any time may hold a hearing on his own motion, or upon petition signed by a representative body of users of underground water in any area or subarea, to determine whether the water supply within any area or subarea is adequate for the needs of all permittees and all vested right claimants, and if the determination is negative the state engineer shall order that withdrawals be restricted to conform to priority rights during the period of shortage.
κ1949 Statutes of Nevada, Page 131 (CHAPTER 103, SB 33)κ
any area or subarea is adequate for the needs of all permittees and all vested right claimants, and if the determination is negative the state engineer shall order that withdrawals be restricted to conform to priority rights during the period of shortage. In any basin or [subbasin] portion therein in the state designated by the state engineer as herein provided, the state engineer may restrict drilling of wells in any portion thereof if he determines that additional wells would cause an undue interference with existing wells; provided, any order or decision of the state engineer so restricting drilling of said wells may be reviewed by the district court of the county pursuant to section 75 (section 7961 N. C. L. 1929) of the general water law.
Sec. 5. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 257Mr. Swackhamer.
CHAPTER 104
AN ACT to amend an act entitled An act to amend section 8 of an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917; together with acts amendatory thereof or supplementary thereto, approved March 22, 1945.
[Approved March 21, 1949]
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, being section 5327 N. C. L. 1929, as amended by chapter 214, page 702, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 8. The highways which are constructed or improved by the department of highways in accordance with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section 8 of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows:
Route 1. Beginning at a point on the Utah-Nevada state line near Wendover, thence in a westerly direction through the towns of Wells, Elko, Carlin, Battle Mountain, Winnemucca, Lovelock, Fernley, and Wadsworth to the city of Reno; thence westerly through the town of Verdi to a connection with the California state highway system.
Route 1a. Beginning at a point on route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz.
κ1949 Statutes of Nevada, Page 132 (CHAPTER 104, AB 257)κ
most direct and feasible route to a connection with route 3 at or near Schurz.
Route 1b. Beginning at a point on route 1 in the town of Fernley, Lyon County, thence in a southerly direction to a connection with route 2b, hereinafter described, at the Towle ranch.
Route 1c. Beginning on route 2a at a point 3.4 miles west of the intersection with route 1b, thence southeasterly to a connection with route 1b four miles more or less north of the Towle ranch.
Route 2. Beginning at a point on the Utah-Nevada state line near Ibapah, Utah, thence in a southwesterly direction to the city of Ely; thence westerly through the towns of Eureka, Austin, Fallon and Hazen to a connection with route 1 at a point near Fernley.
Route 2a. Beginning at a point on route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to a connection with route 3 in Carson City.
Route 2b. Beginning at a point on route 2a approximately five miles northeast of Dayton, thence in an easterly direction to the Towle ranch near Fort Churchill; thence southerly through the town of Wabuska to a connection with route 3 in the city of Yerington.
Route 2c. Beginning at a point in the city of Yerington, Lyon County, where route 3 (or Main street) intersects Bridge street in said city of Yerington, thence east one mile along East Bridge street; thence southeasterly through the so-called Reese river pass to a connection with route 3, again, at or near Lakeview on Walker lake, Mineral County.
Route 3. Beginning at a point on route 1 in the city of Reno, thence southerly through Carson City to a point approximately three miles southerly therefrom; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to a connection with the California state highway system at or near Lakeside; beginning again at a point approximately three miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville, and Wellington; thence to the northerly end of Walker lake by the most available and practicable route, thence along the west side of Walker lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately fifteen miles southerly; thence westerly by way of Lida and Palmetto canyon to a connection with the California state highway system.
Route 3a. Beginning at a point on route 15, hereinafter described approximately seven miles west of Coaldale, thence in a southerly direction through Fish Lake valley to a connection with the California state highway system.
Route 3b. Beginning at a point on route 3 approximately five miles southerly from its junction with routes 17 and 27, thence southerly via the east side of Washoe lake, connecting again with route 3 at a point approximately three miles north of Carson City.
Route 3c. Beginning at a point on route 3 approximately seven miles south of Yerington, thence southeasterly and southerly along or near the East Walker river to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.
κ1949 Statutes of Nevada, Page 133 (CHAPTER 104, AB 257)κ
miles south of Yerington, thence southeasterly and southerly along or near the East Walker river to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.
Route 4. Beginning at a point on route 2 in the city of Ely, thence in a general southwesterly direction to a connection with route 3 in the town of Tonopah.
Route 5. Beginning at a point on route 3 approximately fifteen miles southerly from Goldfield, thence southeasterly to Beatty; thence to Las Vegas; thence through Searchlight to a connection with the California state highway system.
Route 5a. Beginning at a point on route 5 at the intersection of Bonanza road and Main street in the city of Las Vegas, thence southeasterly along or near Bonanza road to a connection with route 6b, hereinafter described, at Fifth street.
Route 5b. Beginning at a point on route 5a in the city of Las Vegas at or near its junction with Second street extended, thence southwesterly along or near Second street to a connection with route 5 at Fremont avenue.
Route 5c. Beginning at a point on route 5 near the junction of Bonanza road and Tonopah drive in the city of Las Vegas, thence southerly to Charleston boulevard; thence easterly along Charleston boulevard to a connection with route 5, again, near the east city limits of Las Vegas.
Route 6. Beginning at the Arizona-Nevada state line near Mesquite, thence southwesterly through Las Vegas and Jean to a connection with the California state highway system.
Route 6a. Beginning at a point on route 6 at or near the junction of First and Fifth streets in the city of Las Vegas, thence northerly to and along Main street to a connection with route 6, again, at Fremont avenue.
Route 6b. Beginning at a point on route 6 at the intersection of Fifth street and Fremont avenue in the city of Las Vegas, thence northerly along or near Fifth street to a connection with route 6, again, near the north city limits of Las Vegas.
Route 6c. Beginning at a point on route 6 approximately three miles south of the south city limits of Las Vegas, thence northeasterly to an intersection with route 5 near the east city limits of Las Vegas; thence northerly to a connection with route 6, again, approximately one and one-half miles northeast of the north city limits of Las Vegas.
Route 7. Beginning at a point on route 2 in the city of Ely, thence southerly through Pioche to Caliente; thence through Crystal Springs to Alamo in Lincoln County, thence to Moapa in Clark County to a connection with route 6 at or near Glendale.
Route 8. Beginning at a point on route 1 in the city of Winnemucca, thence northerly on the most feasible route via Paradise hill to a connection with the Oregon state highway system at McDermitt.
Route 8a. Beginning on route 8 at or near Paradise hill, thence northwesterly by the most feasible route through Amos, Quinn river crossing; and thence to Denio; thence westerly through Thousand creek to Massacre lake; thence westerly through Vya and the 49 Station to a connection with the California state highway system; beginning again in Battle Mountain on route 1; thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese river valley to a connection with route 2 near Austin; thence easterly along route 2 to the mouth of Blackbird canyon; thence southerly through Big Smoky valley by the most feasible route to a connection with route 4 near Tonopah.
κ1949 Statutes of Nevada, Page 134 (CHAPTER 104, AB 257)κ
creek to Massacre lake; thence westerly through Vya and the 49 Station to a connection with the California state highway system; beginning again in Battle Mountain on route 1; thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese river valley to a connection with route 2 near Austin; thence easterly along route 2 to the mouth of Blackbird canyon; thence southerly through Big Smoky valley by the most feasible route to a connection with route 4 near Tonopah.
Route 8b. Beginning at the south base of Paradise hill in Humboldt County on route 8, thence through Paradise valley to Indian creek in the Santa Rosa national forest by the most feasible and direct route.
Route 9. Beginning at the junction of routes 1 and 3 in the city of Reno, thence northerly to a connection with the California state highway system near Purdy.
Route 10. Beginning at a point approximately eight miles south of Mina, thence southwesterly by way of Montgomery pass to a connection with the California state highway system.
Route 11. Beginning at a point on the Idaho-Nevada state line near Owyhee, thence in a southerly direction via White Rock. Deep creek, and Independence valley to a connection with route 1 in the city of Elko; thence easterly on route 1 to a point at or near Halleck; thence southeasterly through Secret pass to a connection with route 13, hereinafter described.
Route 11a. Beginning at a point on the Idaho-Nevada state line at or near Owyhee, thence in a southeasterly direction to Mountain City in Elko County; thence in a southerly direction to a connection with route 11 at or near Deep creek in said Elko County.
Route 12. Beginning at a point on route 6 approximately three miles east of the Muddy river, thence in a southeasterly direction through Logandale and Overton to Lake Mead.
Route 13. Beginning at a point on the Idaho-Nevada state line north of Contact, thence southerly through Contact to a connection with route 1 in Wells; thence continuing southerly to a connection with route 24, hereinafter described, at a point approximately five miles south of Elko-White Pine County line.
Route 14. Beginning at a point on route 7 at or near Connors pass, thence in an easterly direction to a connection with the Utah state highway system near Baker, Nevada.
Route 15. Beginning on route 3 at Coaldale, thence westerly to a connection with route 10 at or near Basalt.
Route 16. Beginning at a point on route 5 at or near what was formerly known as Amargosa station, thence southerly through or near Johnnie Town; thence southerly through Pahrump valley to a connection with the California state highway system at or near the thirty-sixth parallel.
Route 17. Beginning at a point on route 3 approximately ten miles south of Reno, thence through Virginia City to a connection with route 2a at or near Mound House.
κ1949 Statutes of Nevada, Page 135 (CHAPTER 104, AB 257)κ
Route 18. Beginning at a point on route 11 at or near the town of Tuscarora, thence by the most feasible route to Midas; thence southwesterly by the most feasible and practicable route to a connection with route 1 at or near Golconda.
Route 18a. Beginning at the intersection of highway 40 with the road commonly known as the Battle Mountain-North Battle Mountain road; thence north to North Battle Mountain railroad station, thence northwesterly to the connection with the Getchell mine road on state route 18.
Route 19. Beginning at a point on route 3 near the California-Nevada state line at the south end of Lake Tahoe, thence easterly through Kingsbury canyon toward the town of Genoa; thence by the most feasible route to a connection with route 3 near Minden; thence southerly along route 3 to a point south of Holbrook; thence southerly near Topaz lake to a connection with the California state highway system near Coleville, California.
Route 20. Beginning at a point on route 1 about six miles north of Palisade, thence southerly through Palisade and Pine Valley; thence by the most feasible and direct route to the town of Eureka; thence from a point on route 2 near the east Eureka County line to Fish creek; thence by the most direct and feasible route to a connection with route 4 at Callaways ranch.
Route 21. Beginning at a point on route 1 between Dunphy and Primeaux, thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to a connection with route 2 near Austin; thence westerly along route 2 approximately fifteen miles to a connection with the Austin-Ione post road; thence along the Austin-Ione post road to Ione.
Route 22. Beginning at a point on route 3 at or near Wellington, thence southerly by the most feasible route to Sweetwater; thence southwesterly to a connection with the California state highway system leading to Bridgeport, California.
Route 23. Beginning at a point near Luning on route 3, thence northerly to Quartz mountain; thence northerly along the most feasible route to a connection with route 2 in Churchill County.
Route 24. Beginning at a point on route 1 near Wendover, thence in a southwesterly direction to a connection with route 2 in Steptoe valley between Magnusons ranch and Currie.
Route 25. Beginning at a point east of Tonopah on route 4, thence easterly to a connection in Lincoln County with route 7 at Crystal springs; beginning again at a point on route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.
Route 26. Beginning at a point on route 5, approximately eighteen miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder dam.
Route 27. Beginning at a point on route 3 near Steamboat springs, thence in a westerly direction by the shortest and most feasible route to a connection with route 28, hereinafter described, near Incline.
κ1949 Statutes of Nevada, Page 136 (CHAPTER 104, AB 257)κ
thence in a westerly direction by the shortest and most feasible route to a connection with route 28, hereinafter described, near Incline.
Route 28. Beginning at a point on route 3 at Spooners, thence northerly along the east side of Lake Tahoe to a connection with the California state highway system near Cal-Neva.
Route 29. Beginning at a convenient point between Carrara and Rosewell on route 5, thence southwesterly to a connection with the California state highway system near Death Valley Junction, California.
Route 30. Beginning at the Utah-Nevada state line near Montello, thence southwesterly through Montello and Cobre to a connection with route 1 near Oasis.
Route 31. Beginning at a point on route 3 in or near the city of Hawthorne, thence southerly and westerly along the approximate location of the navy power line to the Nevada-California state line en route to the Mono lake area.
Route 32. Beginning at the intersection of Eighth street and route 1 in the city of Sparks, thence north on Eighth street to a connection with route 33, hereinafter described, near Wedekind.
Route 32a. Beginning at the intersection of Prater way and route 1 in the city of Sparks, thence northeasterly on Prater way to a connection with route 32 in the city of Sparks.
Route 33. Beginning at the junction of Alameda avenue and route 1 in the city of Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid lake at or near Sutcliffe.
Route 33a. Beginning at a point on route 1 at the junction of West Fourth street and Sierra street in the city of Reno, thence northerly and southerly on Sierra street to a connection on the north with route 9 near the north Reno city limits and to a connection on the south with route 3 near the south Reno city limits.
Route 33b. Beginning at a point on route 3 at the junction of South Virginia street and Second street in the city of Reno, thence westerly along West Second street to a connection with route 1 near the west Reno city limits.
Route 34. Beginning on route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca lakes to Gerlach; thence by the shortest and most feasible route to an intersection with route 8a near Vya; thence northerly to the Nevada-Oregon state line.
Route 34a. Beginning at a point on route 34 approximately twenty miles northerly from Vya, thence easterly through Sheldon national antelope refuge to a connection with route 8a near the Washoe-Humboldt County line.
Route 35. Beginning at a junction on route 2 fourteen miles north of Magnusons ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.
Route 36. Beginning at a point on route 3 approximately three miles south of Carson City, thence in a southeasterly direction to the Stewart Indian institute.
κ1949 Statutes of Nevada, Page 137 (CHAPTER 104, AB 257)κ
Route 37. Beginning on route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.
Route 38. Beginning at a point on route 4 approximately twenty-three miles southwest of Ely, thence in a southerly direction through Preston and Lund, via Sunnyside and Hiko to a connection with route 25 near Crystal springs.
Route 39. Beginning at a point on route 5 approximately fifteen miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston park.
Route 40. Beginning on route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with route 12 near Lake Mead.
Route 41. Beginning on route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs valley and Las Vegas wash to a connection with route 5 between Las Vegas and Boulder City.
Route 41a. Beginning at the West End chemical mine, thence southwesterly to a junction with route 41.
Route 42. Beginning at a point on route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.
Route 43. Beginning at a point on route 11a near Mountain City, thence in a southerly direction via Owyhee canyon and Johnson ranch by the shortest and most feasible route to a connection with route 11 at or near Weiland, Nevada.
Route 44. Beginning at a point on route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.
Route 45. Beginning at a point on route 17 approximately two miles north of Virginia City, thence in a northerly direction to a connection with route 1 approximately six miles east of Sparks.
Route 46. Beginning at a point on route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington valley, Railroad canyon, and Diamond valley to a connection with route 2 at or near Eureka.
Route 47. Beginning at a point on route 3 near Blair Junction, thence southerly to Silver Peak; thence southwesterly to Nivloc.
Route 48. Beginning at a point on route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with route 34 at or near Gerlach.
Route 49. Beginning at or near Winnemucca on route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with route 48 near Gerlach.
Route 50. Beginning at a point on route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring valley and Spring valley canyon;
κ1949 Statutes of Nevada, Page 138 (CHAPTER 104, AB 257)κ
thence through Limerick canyon to an intersection with the Rochester road; thence westerly to a connection with route 1 near Oreana.
Route 51. Beginning at a point on route 17 near Silver City, thence in an easterly direction to a connection with route 2a in Dayton.
Route 52. Beginning at a point near Owens on route 5, thence via Lees canyon, Clark canyon, and Pahrump ranch to a connection with the California state highway system.
Route 53. Beginning on route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.
Route 54. Beginning on route 7 one mile north of Panaca, thence in a northwesterly direction to Cathedral gorge.
Route 55. Beginning on route 7 approximately one mile west of Caliente, thence south and east to Kershaw canyon-Ryan state park.
Route 56. Beginning on Gardnerville on route 3, thence southwesterly to a connection with route 37 at Centerville.
Route 57. Beginning on Genoa, thence easterly to a connection with route 3 approximately five miles north of Minden.
Route 58. Beginning at a point on route 5 in Beatty, thence southwesterly via Daylight pass to a connection with the California state highway system near Death Valley national monument.
Route 59. Beginning at a point on route 1 in the city of Lovelock, thence southerly a distance of approximately seven miles.
Route 60. Beginning at a point on route 5 approximately ten miles south of Railroad pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado canyon to the Colorado river; beginning again at Nelson, thence southwesterly to a connection with route 5, again, approximately six miles north of Searchlight.
Route 61. Beginning at a point on route 1a approximately one mile south of Fallon, thence westerly along Scheckler land one mile; thence southerly one mile; thence westerly two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.
Route 62. Beginning at a point on route 2 approximately one mile south of Fallon, thence easterly one mile, thence southeasterly approximately two miles.
Route 63. Beginning at a point on route 3 approximately two miles south of Reno, thence easterly approximately one and one-half miles to United airport.
Route 64. Beginning at a point on route 3 approximately three miles south of Reno, thence southeasterly a distance of approximately two miles along what is known as Peckham lane.
Route 65. Beginning at a point on route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately three miles; beginning again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle valley to the Carson river.
Route 66. Beginning at a point on route 1 in the city of Lovelock, thence northerly a distance of approximately two and one-half miles.
κ1949 Statutes of Nevada, Page 139 (CHAPTER 104, AB 257)κ
thence northerly a distance of approximately two and one-half miles.
Route 67. Beginning at the intersection of route 1 and Alameda avenue in the city of Reno, thence southerly along Alameda avenue and Wells avenue in the said city of Reno to a connection with route 3 at or near the south Reno city limits.
Route 68. Beginning at a point on route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.
Route 69. Beginning at a point on route 8a approximately thirty-seven miles north of its junction with route 4, thence easterly to Manhattan.
Route 70. Beginning at a point on route 8a approximately forty-nine miles north of its junction with route 4, thence easterly and southeasterly to Round Mountain.
Route 71. Beginning at a point on route 3, approximately seven and one-half miles southwest of its junction with route 5, thence southwesterly to Gold point; thence southerly and southwesterly via Oriental wash to the Nevada-California state line en route to Sand Springs, California.
Route 72. Beginning at a point on route 5 approximately nineteen miles southeast of its junction with route 3, thence southwesterly via Grapevine canyon to the Nevada-California line en route to Scottys castle.
Route 73. Beginning at a point on state route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.
Route 74. Beginning at a point on route 73 near Baker, thence westerly to Lehman caves in Lehman caves national monument.
Route 75. Beginning at a point on route 25 approximately nine miles east of Panaca, thence southerly to Crestline; thence easterly to the Nevada-Utah state line en route to Enterprise, Utah.
Route 76. Beginning at a point on route 5 near the Nevada-California state line, thence southeasterly to Fort Mohave.
Route 77. Beginning at a point on route 5 near the Nevada-California state line, thence in an easterly direction to Bullshead dam site.
Route 78. Beginning at a point on route 6 at or near New Comstock, thence northeasterly to a connection with route 7 at or near Moapa.
Route 79. Beginning at a point on route 17 in Virginia City, thence easterly via Six-mile canyon to a connection with route 2a approximately five miles northeast of Dayton.
Route 80. Beginning at a point on route 17 in Virginia City, thence southerly through Gold Hill and Silver City to a connection with route 17 again approximately one-half mile southeast of Silver City.
Route 81. Beginning on route 34 at Gerlach, thence northwesterly through Squaw valley and Duck flat to Nevada-California boundary at southerly end of Surprise valley; approximately fifty-six miles.
Route 82. Beginning at a point on route 8a at a point approximately twelve miles north of its junction with route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope valley to a connection with route 2 approximately twenty miles west of Eureka.
κ1949 Statutes of Nevada, Page 140 (CHAPTER 104, AB 257)κ
connection with route 2 approximately twenty miles west of Eureka.
Route 83. From the Comet Coalition mine southerly, easterly, and northerly to the Caselton mill.
Route 84. From the Ely Valley mine easterly to the Pioche Consolidated Mines Co. mill.
Route 85. From a connection with route 16 near the Nevada-California state line, easterly via the southerly end of the Spring mountains to a connection with route 5c in the city of Las Vegas.
The state highway department may supplement the state highway system by establishing new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which such change may be proposed and with the approval of the city council of any incorporated city directly affected thereby, or may change the location of existing routes when studies consummated under section 9 of the defense highway act of 1941 show such additions or changes to be necessary.
Sec. 2. Nothing in this act shall be construed to direct or designate the order in which repairs, construction or reconstruction shall be performed upon the routes herein designated.
Sec. 3. This act shall take effect immediately from and after is passage and approval.
________
Senate Bill No. 17Committee on Judiciary.
CHAPTER 105
AN 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 March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 310 of the above-entitled act, being section 10959, 1929 N. C. L., is hereby amended to read as follows:
Section 310. In the trial of all indictments, complaints, and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given his testimony being left solely to the jury, under the instructions of the court; provided, that no special instruction shall be given relating exclusively to the testimony of the defendant, [or particularly directing the attention of the jury to the defendants testimony.] and further provided, that the giving of such special instruction shall constitute reversible error.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 141κ
Senate Bill No. 66Senator Wiley.
CHAPTER 106
AN ACT to amend an act entitled An act concerning justices of the peace, approved March 4, 1881.
[Approved March 22, 1949]
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 8473, 1929 N. C. L., is hereby amended to read:
Section 1. Whenever any justice of the peace, in consequence of ill health, absence from his township, or other cause, shall be prevented from attending to his official duties, it shall be lawful for him to invite any other duly qualified justice of the peace of the same county to attend to his official duties, including that of registry agent, instead of such absent or disqualified justice of the peace; provided, such temporary vacancy, resulting from absence or disqualification, shall not be so filled for more than thirty days at any one time; and further provided, that where there is only one justice of the peace in any county of this state, and he, in consequence of ill health, absence from his township, or other cause, shall be prevented from attending to his official duties, it shall be lawful for him to invite any other duly qualified justice of the peace of some adjoining county to attend to his official duties, including that of registry agent and coroner; provided, in the event no other duly qualified justice of the peace of some adjoining county shall have been invited, and it shall be necessary for the justice of the peace to attend to duties in the township, the board of commissioners shall arrange for a justice of the peace to be present; provided, that such temporary appointment resulting from absence, disability, or other cause, shall not be so filled for more than thirty days at one time, and that the justice of the peace so temporarily acting in the place of another justice of the peace shall have no claim for services rendered by him under this act against the county in which he may so temporarily reside.
Sec. 2. All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed.
________
κ1949 Statutes of Nevada, Page 142κ
Senate Bill No. 100Committee on Judiciary.
CHAPTER 107
AN ACT to amend an act entitled An act to establish a state board of embalmers; to provide a system of examination, registration and licensing of embalmers; to provide for the better protection of life and health; to prevent the spread of infectious and contagious diseases in the state; and to impose penalties for the violation of its provisions, approved February 20, 1909.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 2669, 1929 N. C. L., 1941 Supp., is hereby amended so as to read as follows:
Section 5. Every person who wishes to practice the profession of embalming shall appear before the state board of embalmers and, upon payment of a fee not to exceed twenty-five dollars to cover expenses of examination, be examined in the knowledge of the subjects set forth in section 4 hereof. Such examinations shall be in writing and by actual demonstration of a cadaver. All examination papers shall be kept on record by said state board of embalmers, and if applicant to become an embalmer shall:
(a) Have attained the age of twenty-one years;
(b) Be of good moral character;
(c) [Have completed a four years course in a duly accredited high school, or a course of education equivalent thereto;] Be a high school graduate and have completed two years of college or the equivalent. Such college course of the equivalent must include six semester hours of English, nine semester hours of biological science, and nine semester hours of chemistry.
(d) Have had not less than two years practical experience under a licensed embalmer, and have completed the full course of instruction in [a school of embalming of class A type as rated by the conference of embalmers examining board of the United States;] an embalming college or school of mortuary science of the same type as those rated class A by the conference of funeral services examining boards of the United States, incorporated, and approved by the Nevada state board of embalmers;
(e) Have actually embalmed at least twenty-five bodies under the supervision of a licensed embalmer prior to the date of examination;
(f) Have presented affidavits of at least two [respectable] reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character; and
(g) Have passed such examination; the said board must issue to said applicant license to practice the profession of embalming for one year. If the applicant desires a renewal of the license the said board shall grant it, except for cause, and the annual fee for the renewal of licenses shall not exceed the sum of five dollars.
κ1949 Statutes of Nevada, Page 143 (CHAPTER 107, SB 100)κ
No person who on the effective date of this act is a bona fide resident of Nevada and is either a duly registered apprentice embalmer with the Nevada state board of embalmers or is a student in an accredited embalming school approved by the state board of embalmers shall be required to comply with the additional qualifications added by this amendment.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 103Committee on Public Morals.
CHAPTER 108
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, and effective January 1, 1912.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 296 of the above-entitled act, being section 10244, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 296. A public nuisance is a crime against the order and economy of the state. Every place:
1. Wherein any gambling, bookmaking, or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor shall be conducted, or any article, apparatus, or device useful therefor shall be kept; or
2. Wherein any fighting between animals or birds shall be conducted; or
3. Wherein any dog races shall be conducted; or
[3.] 4. Wherein any intoxicating liquors are kept for unlawful use, sale, or distribution; or
[4.] 5. Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission:
1. Shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; or
2. Shall offend public decency; or
3. Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace, or basin, or a public park, square, street, alley, bridge, causeway, or highway; or
4. Shall in any way render a considerable number of persons insecure in life or the use of property;
Shall be a public nuisance.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 144κ
Senate Bill No. 113Committee on Judiciary.
CHAPTER 109
AN ACT to amend an act entitled An act to provide for the extinguishment of liens of mortgages of personal property or crops except as between the parties thereto, approved March 27, 1935.
[Approved March 22, 1949]
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 998.01, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 1. The lien of a mortgage of personal property or crops is extinguished, except as between the parties thereto, by a lapse of six years from the time [such mortgage is executed; provided, however, that nothing herein shall be deemed to apply to any mortgage or other lien upon the personal property of any railroad or public utility, electrical, gas, water, telephone or telegraph corporation, given to secure the bonds thereof.] the obligation secured thereby becomes due and payable; provided, however, in the event the mortgage be given to secure, in whole or in part, an issue of bonds, the lien shall not be extinguished prior to the satisfaction of the mortgage obligation.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
Senate Bill No. 128Senators Tallman and Baker.
CHAPTER 110
AN ACT to amend an act entitled An act to regulate surveyors and surveying, approved November 29, 1861, as amended.
[Approved March 22, 1949]
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 2164 N. C. L. 1929, is hereby amended to read as follows:
Section 1. That the office of county surveyor be and is hereby created; and that there shall be a county surveyor, to be elected in each county by the qualified electors thereof, at the general election [whose term of office shall be two years, and until his successor in office shall be qualified; provided, that the county surveyors elected in the year A. D. eighteen hundred and sixty-two shall hold their offices for two years thereafter, and until their successors shall qualify; and said surveyors shall keep their offices at the county seats of their respective counties, and shall qualify on or before the first Monday in October following their election] of the year nineteen hundred fifty and at the general election every four years thereafter, who shall qualify and enter upon the duties of said office on the first Monday in January subsequent to election and shall hold said office for a term of four years from the time of taking office and shall keep said office at the county seat.
κ1949 Statutes of Nevada, Page 145 (CHAPTER 110, SB 128)κ
subsequent to election and shall hold said office for a term of four years from the time of taking office and shall keep said office at the county seat.
Sec. 2. Section 2 of said act, being section 2165 N. C. L. 1929, is hereby amended to read as follows:
Section 2. Each county surveyor, before entering upon the duties of his office, shall take and subscribe to the oath of office, and execute to the State of Nevada a bond in the penal sum of not less than five hundred dollars ($500) nor more than five thousand ($5,000) dollars (the amount thereof to be determined by the board of county commissioners), [with two or more sureties, residing in the county,] which bonds shall be supplied in accordance with the provisions of the bond trust fund act of 1937, 1929 N. C. L., 1941 Supp., sections 4915.21 to 4915.34, inclusive, to be approved by the board of county commissioners [, conditioned for the faithful performances of the duties of this office, which bond shall be filed with the county clerk].
Sec. 3. Section 6 of said act, being section 2169 N. C. L. 1929, is hereby amended to read as follows:
Section 6. [During a vacancy in the office of county surveyor of any county, the probate judge of such county may appoint some competent person to perform the duties of surveyor until such vacancy shall be filled in the manner prescribed by law.] Vacancies in the office of county surveyor shall be filled as in the case of other county officers.
Sec. 4. Section 7 of said act, being section 2170 N. C. L. 1929, is hereby amended to read as follows:
Section 7. It shall be the duty of said county surveyor, either by himself or one of his deputies, to execute any survey that may be required by order of any court, or [upon the application of any individual or corporation] upon the order or at the direction of the board of county commissioners.
Sec. 5. Section 8 of said act, being section 2171 N. C. L. 1929, is hereby amended to read as follows:
Section 8. [He shall keep a correct and fair record of all surveys made by him or his deputies, in a book to be provided by the county for that purpose, which shall be transmitted to his successors in office; he shall also number such surveys progressively, and shall preserve a copy of the field notes and calculations of each survey, indorsing thereon its proper number, a copy of which, and also a fair and accurate plat, together with the certificate of survey, shall be furnished by him to any person requiring the same, upon payment of the fees allowed by law.] The county surveyor shall keep a correct and fair record of all surveys made by him in his official capacity, or by his deputies acting in his stead, in the form of original field notes in field books to be provided by the county for that purpose. He shall number such surveys progressively, and shall make and preserve a fair and accurate record map of each survey, drawn in waterproof ink on tracing cloth, endorsing thereon its proper number and his official certificate of survey. All records of surveys required by this act shall be transmitted by him to his successors in office. Field notes and record maps shall be available, for purposes of copying same, to any person requiring the same.
κ1949 Statutes of Nevada, Page 146 (CHAPTER 110, SB 128)κ
Sec. 6. Section 13 is added to said act, immediately following section 12, and reading as follows:
Section 13. Before any subdivision plat is accepted by any board of county commissioners pursuant to law the same shall be submitted to and receive the certification of the county surveyor, or his deputy, if there is one qualified to act in the county and such certification shall be in respect of correctness in general and in detail and eligibility for record according to law. Reasonable fees based on work done shall be paid the officer by the subdivider.
Sec. 7. Section 13a is added to said act immediately following section 13 and reading as follows:
Section 13a. The board of county commissioners shall allow to each county surveyor fair and reasonable compensation, in lieu of salary, in connection with each survey ordered by said board, or for such other services performed by him for the county, when he has been authorized to perform the same.
The county surveyor shall be entitled to receive, in addition thereto, mileage for transportation necessary in making any survey ordered by the board of county commissioners, at the rate for such mileage as shall be provided by law to be allowed to county officers.
He shall file with the clerk of the board of county commissioners a proper statement of account for such services and allowances, duly acknowledged as provided by law for filing claims for payment of accounts due from the county.
Sec. 8. All acts and parts of acts in conflict with the provisions of this act and particularly section 15 (section 2948 N. C. L. 1929) of an act 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, as amended, are hereby repealed.
Sec. 9. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 39Senator Horlacher.
CHAPTER 111
AN ACT relating to out-of-state parolee supervision and authorizing and directing the governor to enter into compacts therefor.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act may be cited as the Uniform Act for Out-of-State Parolee Supervision.
Sec. 2. Pursuant to the authority vested in this state by that certain act of Congress, approved June 6, 1934, and entitled An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime, and for other purposes, the governor is hereby authorized and directed to enter into a compact or compacts on behalf of this state with any of the United States legally joining therein.
κ1949 Statutes of Nevada, Page 147 (CHAPTER 111, SB 39)κ
into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime, and for other purposes, the governor is hereby authorized and directed to enter into a compact or compacts on behalf of this state with any of the United States legally joining therein.
Sec. 3. Such compact or compacts shall be in substantially the following form:
A compact entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes.
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state, party to this compact (herein called sending state), to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state, party to this compact (herein called receiving state), while on probation or parole, if
(a) Such person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of visitation of and supervision over probationers or parolees of any sending state, and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state. If at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
κ1949 Statutes of Nevada, Page 148 (CHAPTER 111, SB 39)κ
or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying. When ratified it shall have the full force and effect of law within such state, the form of ratification to be in accordance with the laws of the ratifying state.
(7) That this compact shall continue in force and remain binding upon each ratifying state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which ratified it, by sending six-months notice in writing of its intention to withdraw from the compact to the other states party hereto.
Sec. 4. If any portion of this act is held unconstitutional, such decision shall not affect the validity of any other portions of this act.
Sec. 5. This act and compacts made pursuant thereto shall be construed as separate and distinct from any act or acts of this state relating to the extradition of fugitives from justice.
Sec. 6. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 72Senator Nores.
CHAPTER 112
AN ACT to amend an act entitled An act regulating the registration of electors for general, special, and primary elections, providing penalties for the violation hereof, approved March 27, 1917.
[Approved March 22, 1949]
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 section 2369, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
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.]
κ1949 Statutes of Nevada, Page 149 (CHAPTER 112, SB 72)κ
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.] ; provided, [further] that deputy registrars shall be appointed on the basis of proportionate registered political affiliations within the county at the last preceding election.
[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] county 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 misdemeanor, and be subject to a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 87Committee on Judiciary.
CHAPTER 113
AN ACT to amend an act entitled An act to provide for the licensing and regulation of private detectives, detective agencies, investigators, patrols, patrol agencies, guards, and watchmen; providing penalties for the violation of the provisions of this act, and other matters relating thereto, approved March 18, 1947.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being section 3, chapter 85, 1947 Statutes of Nevada, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 150 (CHAPTER 113, SB 87)κ
Section 3. This act shall not apply to special police officers appointed by the police department of any city, county, or city and county, within the State of Nevada [;] while any such officer is engaged in the performance of his official duties; nor shall this act apply to the appointment of any special police officer by the Nevada state police while any such officer is engaged in the performance of his official duties [.], nor shall this act apply to insurance investigators or adjusters, provided they are not engaged in the business of private investigators.
Sec. 2. Section 6 of the above-entitled act is hereby amended to read as follows:
Section 6. Every applicant for a license under this act shall file with the superintendent of the Nevada state police a written application, accompanied by a twenty-five dollar ($25) fee to cover costs of examination, which fee is not rebatable, which shall be in accordance with the following provisions:
(1) If the applicant is an individual the application shall be signed and verified by that individual.
(2) If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.
(3) If the applicant is a corporation the application shall be signed and verified by the president, secretary, and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the amount of the corporations outstanding paid-up capital stock, whether such stock was paid for in cash or property, and if in property the nature and description of the property. The application shall also be accompanied by a duly certified copy of its certificate of incorporation.
The successor to every such officer shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner, as this section prescribes for individuals signatory to the application.
In the event of the death, resignation, or removal of such officer due notice of that fact shall forthwith be given, in writing, to the superintendent of the Nevada state police.
(4) Every application for a license shall state all of the following: (a) The full name, age, residence, present and previous occupations of each signatory. (b) That each signatory is a citizen of the United States. (c) A specific description of the location of the principal place of business of the applicant. (d) A full set of fingerprints and a recent photograph. [(e) Such other facts as may be required by the superintendent of the Nevada state police to show the good character, competency, and integrity of each signatory.] (e) That the applicant has had two years of experience prior to an application for a license. (f) Such other facts as may be required by the superintendent of the Nevada state police to show the good character, competency, and integrity of each signatory.
Sec. 3. This act shall take effect and be in full force from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 151κ
Senate Bill No. 117Senator Wilson.
CHAPTER 114
AN ACT to amend an act entitled An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney general to remit fines and forfeitures, commute punishments, and grant pardons after convictions; create the state board of parole commissioners, define its powers and duties, and matters relating thereto, approved March 22, 1933.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act (1929 N.C.L., 1941 Supp., sections 11569 to 11584, inclusive) is hereby amended by adding a new section to follow section 11, to be known as section 11.5 and to read as follows:
Section 11.5. Whenever any prisoner shall become eligible for parole under this act or rules made pursuant thereto, he or she may be allowed to go on parole as provided in section 11 and elsewhere in this act, irrespective of whether he or she shall have applied to the board for such parole, or not. If the prisoner has not made such application before any regular meeting of the board, the secretary of the board shall prepare the application and present the same to the board. The board may make rules and regulations necessary or convenient for the purposes of this section.
Sec. 2. This act shall be effective immediately from and after its passage and approval.
________
Senate Bill No. 152Committee on Judiciary.
CHAPTER 115
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 536 of the above-entitled act, being section 9025, 1929 N. C. L., is hereby amended to read as follows:
Section 536. [Whenever two or more actions are pending at one time between the same parties, and in the same court, upon causes of action which might have been joined, the court may order the actions to be consolidated.]
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
κ1949 Statutes of Nevada, Page 152 (CHAPTER 115, SB 152)κ
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Senate Substitute for Assembly Bill No. 89Committee on Judiciary.
CHAPTER 116
AN ACT to amend an act entitled An act creating coroner districts, making the justices of the peace ex officio, prescribing their duties and compensation, and repealing all acts and parts of acts in conflict with the provisions of this act, approved March 16, 1909, as amended.
[Approved March 22, 1949]
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 1929 N. C. L., section 11427, is hereby amended to read as follows:
Section 3. When a justice of the peace, acting as coroner, or his deputy, has been informed that a person has been killed, or committed suicide, or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means, he shall go to the place where the body is and [summon three persons qualified by law to serve as jurors, to appear before him forthwith at the place where the body is, to inquire into the cause of the death.] make an investigation, and he shall proceed to hold an inquest to inquire into the cause of the death. In all cases where it is apparent that the death has been caused by a criminal act, the justice of the peace, acting as coroner, or his deputy, shall notify the district attorney and the sheriff of the county where said inquiry is made and the district attorney and sheriff shall assist in said inquiry. The holding of an inquest, as provided by this act shall be within the sound discretion of the district attorney, or district judge of said county, and such inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident, or when it is publicly known that the death was caused by a person already in custody; however, an inquest shall be held unless said district attorney or district judge certifies that no inquest is required. If an inquest is held the justice of the peace, acting as coroner, or his deputy, shall, in addition to notifying the district attorney and the sheriff, summon three persons qualified by law to serve as jurors, to appear before him forthwith at the place where the body is or such other place within the county as may be designated by the justice of the peace, acting as coroner, or his deputy, to inquire into the cause of death; provided, however, that a single inquest may be held with respect to more than one death, where all of such deaths were occasioned by a common cause.
Sec. 2. Section 17 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 11441, is hereby amended to read as follows:
Section 17. The fees of the justice of the peace shall be as follows: For all services in summoning a jury of inquest, three dollars;
κ1949 Statutes of Nevada, Page 153 (CHAPTER 116, SB 89)κ
for swearing a jury, fifty cents; for issuing a warrant of arrest, seventy-five cents; for issuing a subpena to each witness, twenty cents; for each mile necessarily traveled in conducting an investigation or inquest into the cause of death and in going to and returning from the presence of the dead body, [seven and one-half cents] fifteen cents; for swearing each witness, twenty cents; for taking down testimony, or causing same to be taken under his direction, per folio, [ten] twenty cents; for each day necessarily employed in holding an inquest five dollars. All of said fees shall be paid out of the county treasury as other demands. For all services rendered by him while acting as sheriff, the same fees as are allowed to sheriffs for similar services.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 147Miss Smith.
CHAPTER 117
AN ACT to amend an act entitled An act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto, approved March 20, 1945.
[Approved March 22, 1949]
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 chapter 92, 1945 Statutes of Nevada, as amended by chapters 40 and 193, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 1. [From and after the passage and approval of this act,] The officers of Pershing County, Nevada, and their deputies, shall receive the following salaries and compensations which shall be full compensation for all services rendered.
The county commissioners shall each receive a salary of [one thousand eighty dollars ($1,080)] one thousand two hundred dollars ($1,200) per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed [twenty-one hundred ($2,100) dollars] two thousand four hundred dollars ($2,400) per annum; the sheriff of said county shall receive [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed [twenty-four hundred ($2,400) dollars] three thousand dollars ($3,000) per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed [twenty-one hundred ($2,100) dollars] two thousand four hundred dollars ($2,400) per annum; the county recorder as such, and ex officio auditor, shall receive a salary of [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and he shall be allowed, by and with the approval of the board of county commissioners to appoint one deputy with compensation not to exceed [twenty-one hundred ($2,100) dollars] two thousand four hundred dollars ($2,400) per annum; the district attorney shall receive [twenty-four hundred ($2,400) dollars] three thousand dollars ($3,000) per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed [fifteen hundred ($1,500) dollars] one thousand eight hundred dollars ($1,800) per annum, to be paid in like manner as other county officers are paid.
κ1949 Statutes of Nevada, Page 154 (CHAPTER 117, AB 147)κ
such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed [twenty-one hundred ($2,100) dollars] two thousand four hundred dollars ($2,400) per annum; the county recorder as such, and ex officio auditor, shall receive a salary of [three thousand ($3,000) dollars] three thousand six hundred dollars ($3,600) per annum, and he shall be allowed, by and with the approval of the board of county commissioners to appoint one deputy with compensation not to exceed [twenty-one hundred ($2,100) dollars] two thousand four hundred dollars ($2,400) per annum; the district attorney shall receive [twenty-four hundred ($2,400) dollars] three thousand dollars ($3,000) per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed [fifteen hundred ($1,500) dollars] one thousand eight hundred dollars ($1,800) per annum, to be paid in like manner as other county officers are paid.
The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall become effective on April 1, 1949, and shall expire on March 31, 1951.
________
Assembly Bill No. 150Committee on Public Printing.
CHAPTER 118
AN ACT to amend an act entitled An act fixing the rates for official advertising by the State of Nevada and the several counties of the state, approved March 16, 1897.
[Approved March 22, 1949]
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 269, 1929 N. C. L., is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 155 (CHAPTER 118, AB 150)κ
Section 1. All advertising ordered or required by the State of Nevada, or by the respective counties of the state shall be paid for by the state or the county ordering or requiring the same at the rate of [two dollars per square of ten lines] twenty cents per single column line nonpareil measurement or the equivalent for the first insertion and [one dollar per square] fifteen cents per single column line for each subsequent insertion; an insertion to be held to be one publication per week whether the newspaper in which such advertising is ordered to be done be published daily or weekly; provided, that nothing herein contained shall prohibit boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when [in their judgment] a saving of public funds will be effected thereby.
________
Assembly Bill No. 152Committee on Public Printing.
CHAPTER 119
AN ACT to amend an act entitled An act providing for the publication of all bills allowed by the boards of county commissioners in this state, approved February 1, 1893.
[Approved March 22, 1949]
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 1978, 1929 N. C. L., is hereby amended to read as follows:
Section 2. The amount paid for such publication shall not exceed the [sum of one dollar per square per ten lines] statutory rate for publication of legal notices, and the publication shall not extend beyond a single insertion.
________
Assembly Bill No. 252White Pine County Delegation.
CHAPTER 120
AN ACT to amend an act entitled An 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 February 28, 1947.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the act mentioned in the title of this act (chapter 15, Statutes of Nevada 1947, page 15) is hereby amended to read as follows:
Section 2. The district attorney shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) dollars per annum, payable in equal monthly installments, for all his services as such officer.
κ1949 Statutes of Nevada, Page 156 (CHAPTER 120, AB 252)κ
thousand six hundred ($3,600)] four thousand ($4,000) dollars per annum, payable in equal monthly installments, for all his services as such officer. He may in addition have and retain all fees allowed by law when acting as ex officio public administrator. He may have such deputy or deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, and at such time and for such time as they may direct. 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 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. 2. Section 3 of said act is hereby amended to read as follows:
Section 3. The county clerk shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) 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 majority consent may deem necessary, at a salary to be fixed by the county commissioners. 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 expense shall be first audited and allowed by the board of county commissioners.
Sec. 3. Section 4 of said act is hereby amended to read as follows:
Section 4. The county treasurer and ex officio tax collector shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) 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 majority consent, may deem such deputy necessary, at a salary to be fixed by the county commissioners. 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. 4. Section 5 of said act is hereby amended to read as follows:
Section 5. The county recorder and auditor of said county shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) 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 majority consent, may deem necessary. 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.
κ1949 Statutes of Nevada, Page 157 (CHAPTER 120, AB 252)κ
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. 5. Section 6 of said act is hereby amended to read as follows:
Section 6. The county assessor of said county shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) 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 majority consent, may deem necessary. 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. Section 7 of said act is hereby amended to read as follows:
Section 7. The sheriff of said county shall receive a salary of [three thousand six hundred ($3,600)] four thousand ($4,000) dollars per annum, payable in equal monthly installments, 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, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, 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; 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 or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed twenty cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
Sec. 7. Section 8 of said act is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 158 (CHAPTER 120, AB 252)κ
Section 8. The county commissioners of White Pine County shall each receive the sum of [one hundred twenty-five ($125)] one hundred forty ($140) dollars per month payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 8. This act shall become effective from and after April 1, 1949.
________
Senate Bill No. 136Committee on Judiciary.
CHAPTER 121
AN ACT to amend an act entitled An act providing a general corporation law, approved March 21, 1925, as amended.
[Approved March 22, 1949]
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 1603 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
Section 4. The certificate or articles of incorporation shall set forth:
1. The name of the corporation (which name shall end with the word Incorporated, Limited, Inc., or Ltd., or shall contain one of the following words, used therein as a substantive noun, Association, Company, Co., Corporation, Corp., Club, Society, Syndicate, Synd., Union) shall be such as to distinguish it from the name of any other corporation formed or incorporated in this state, or engaged in the same business, or promoting or carrying on the same objects or purposes in this state, from a name reserved for the use of any other proposed corporation as provided in section 4a of this act.
2. The name of the county, and of the city, or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the said county, city or town, the secretary of state shall refuse to issue his certificate until such location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It shall be a sufficient compliance with this subsection to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such statement shall make all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value.
κ1949 Statutes of Nevada, Page 159 (CHAPTER 121, SB 136)κ
par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there shall be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price, or otherwise; provided, however, that in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by section 11 of this act.
5. Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number, names and post-office address of the first board of directors or trustees, which shall not be less than three (3); together with any desired provisions relative to the right to change the number of directors as provided by section 33 of this act.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in shall be subject to assessment to pay the debts of the corporation, and unless provision is made in such original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock, and no stock issued as fully paid up, shall ever be assessable, or assessed, and the articles of incorporation shall not be amended in this particular.
7. The name and post-office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
9. The certificate or articles of incorporation may also contain any provisions which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this state.
Insurance, mutual fire insurance companies, surety companies, express companies and railroad companies may be formed under this act; provided, however, that no corporation formed for the purpose of conducting such business shall transact any such business within the State of Nevada until such corporation has first complied with all laws now in effect or hereafter enacted concerning or affecting the right to engage in such business; and provided further, that such corporation shall not infringe the laws of such other state or county in which it may intend to engage in business, by so incorporating under this act.
κ1949 Statutes of Nevada, Page 160 (CHAPTER 121, SB 136)κ
it may intend to engage in business, by so incorporating under this act. No trust company, or building and loan association, or corporation organized for the purpose of conducting a banking business shall be organized under this act.
Sec. 2. Section 7 of the above-entitled act, being section 1606 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
Section 7. Any corporation having capital stock may from time to time, when and as desired, amend its certificate or articles of incorporation in any or all of the following respects:
(1) By addition to its corporate powers and purposes, or diminution thereof, or both;
(2) By substitution of other powers and purposes, in whole or in part, for those prescribed by its certificate or articles of incorporation;
(3) By increasing, decreasing, or reclassifying its authorized capital stock, by changing the number, par value designations, preferences, or relative, participating, optional, or other rights, or the qualifications, limitations or restrictions of such rights, of its shares, or of any class or series of any class thereof whether or not the same be outstanding at the time of the amendment, or by changing shares with par value, whether or not the same be outstanding at the time of the amendment, into shares without par value or by changing shares without par value, whether or not the same be outstanding at the time of the amendment, into shares with par value, either with or without increasing or decreasing the number of shares, and upon such basis as may be set forth in the certificate of amendment; provided, however, that the capital of the corporation shall not be decreased except in the manner provided in section 25 of this act;
(4) By changing the name of the corporation; or
(5) By making any other change or alteration in its certificate or articles of incorporation that may be desired.
Any and all such changes or alterations may be effected by one certificate of amendment; provided, that any certificate or articles of incorporation so amended, changed or altered, shall contain only such provisions as it would be lawful and proper to insert in an original certificate or articles of incorporation, pursuant to section 4 of this act, executed, acknowledged and filed at the time of making such amendment.
Whenever issued, shares having par value are changed into the same or a greater or less number of shares without par value, whether of the same or a different class or classes of shares, the aggregate amount of the capital of the corporation represented by such shares without par value shall be the same as the aggregate amount of capital represented by the shares so changed; and whenever issued, shares without par value are changed into other shares without par value to a greater or lesser number, whether of the same or of a different class or classes, the amount of capital represented by the new shares in the aggregate shall be the same as the aggregate amount of capital represented by the shares so changed.
κ1949 Statutes of Nevada, Page 161 (CHAPTER 121, SB 136)κ
Every such amendment adopted pursuant to the provisions of this section shall be made and effected in the manner following, to wit:
The board of directors of the corporation shall adopt a resolution setting forth the amendment proposed, declaring its advisability and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof. At such meeting, of which notice shall be given to each stockholder entitled to vote pursuant to the provisions of this section, in the manner provided in section 27 of this act, a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment. If it shall appear upon the canvassing of the votes that stockholders holding shares in the corporation, entitling them to exercise at least a majority of the voting power (or such greater proportion of the outstanding shares as may be required in the case of a vote by classes or series, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, under its corporate seal, and the hands of its president, or vice president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which such amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgment of deeds; and such certificate, so executed and acknowledged, shall be filed in the office of the secretary of state and a copy of such certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein said corporation maintains its principal office; and, upon so filing the same, the certificate or articles of incorporation of such corporation shall be deemed to be amended accordingly; provided, however, that if any such proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then such amendment must be approved by the vote, in addition to the affirmative vote herein otherwise required, of the holders of a majority of the outstanding shares of each class or series so affected by such amendment regardless of limitations or restrictions on the voting power thereof; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section. Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.
Sec. 3. Section 9 of the above-entitled act, being section 1608 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 162 (CHAPTER 121, SB 136)κ
Section 9. Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers:
1. To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge, or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful objects, to issue, sell and dispose of certificates of investment, or participation certificates, upon such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as hereinafter prescribed in section 10 of this act.
2. To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of or any bonds, securities or evidences of the indebtedness created by any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.
3. To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds; provided, that no such corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation, except as provided in section 25 of this act; and provided further, that shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of computing any stockholders quorum or vote.
4. To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions, and dependencies of the United States, the District of Columbia and any foreign countries.
5. To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided, however, that no corporation created under the provisions of this act shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation of money, and nothing in this act shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.
κ1949 Statutes of Nevada, Page 163 (CHAPTER 121, SB 136)κ
authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.
6. To indemnify any and all of its directors or officers or former directors or officers or any person who may have served at its request as a director or officer of another corporation in which it owns shares of capital stock or of which it is a creditor against expenses actually and necessarily incurred by them in connection with the defense of any action, suit or proceeding in which they, or any of them, are made parties, or a party, by reason of being or having been directors or officers or a director or officer of the corporation, or of such other corporation, except, in relation to matters as to which any such director or officer or former director or officer or person shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty. Such indemnification shall not be deemed exclusive of any other rights to which those indemnified may be entitled, under any bylaw, agreement, vote of stockholders, or otherwise.
Sec. 4. The above-entitled act is hereby amended by adding a new section to follow section 11 and to be known as section 11 (a), which shall read as follows:
Section 11 (a). Every corporation shall have power to create and issue, whether or not in connection with the issue and sale of any shares of stock or other securities of the corporation, rights or options entitling the holders thereof to purchase from the corporation any shares of its capital stock of any class or classes, such right or options to be evidenced by or in such instrument or instruments as shall be approved by the board of directors. The terms upon which, the time or times, which may be limited or unlimited in duration, at or within which, and the price or prices at which any such shares may be purchased from the corporation upon the exercise of any such right or option shall be such as shall be fixed and stated in the certificate or articles of incorporation or in any amendment thereto, or in a resolution or resolutions adopted by the board of directors providing for the creation and issue of such rights or options, and, in every case, set forth or incorporated by reference in the instrument or instruments evidencing such rights or options; provided, however, that, in case the shares of stock of the corporation to be issued upon the exercise of such rights or options shall be shares having a par value, the price or prices so to be received therefor shall not be less than the par value thereof; and provided further, that in case the shares of stock so to be issued shall be shares of stock without par value the consideration therefor shall be determined in the manner hereafter provided in this act for the fixing of the consideration for the issue of such stock.
Sec. 5. Section 25 of the above-entitled act, being section 1624 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 164 (CHAPTER 121, SB 136)κ
Section 25. (a) Any corporation incorporated or reincorporated under this act may reduce its capital at any time and from time to time, and adjust its outstanding shares to the capital as reduced, if any such adjustment is necessary, in the manner hereinafter provided:
(1) Any such reduction of capital, except a reduction effected by the redemption, purchase, retirement or conversion of shares subject to redemption, purchase or retirement, or entitled to conversion rights, may be authorized only by resolution of the board of directors approved by the vote or written consent of the holders of a majority of the outstanding shares regardless of limitations or restrictions on voting rights; provided, however, that if any such proposed reduction would adversely affect any class or series of outstanding shares, then such reduction must also be approved by the vote, or written consent, of the holders of a majority of the outstanding shares of each class or series so affected by such amendment regardless of limitations or restrictions on the voting power thereof; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring a larger vote of stockholders than that required by the foregoing provisions of this section. Different series of the same class of shares shall not be deemed to constitute different classes or shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.
The resolution shall set forth the amount of reduction of capital and the method by which outstanding shares shall be adjusted to the new capital, if any such adjustment is necessary. Unless otherwise provided in the resolutions authorizing the reduction of capital and the adjustment of shares, or in the certificate of incorporation, no action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of such corporation which such corporation is authorized to have outstanding, and other shares may be issued in lieu of the shares so purchased, redeemed or retired; provided, that the maximum number of shares authorized in the certificate of incorporation as then amended shall not be exceeded; provided further, that the issuance of said shares shall be subject in all respects to the provisions of sections 12 and 13 of this act.
A certificate setting forth such resolution and stating its adoption by the board of directors and such approval by the shareholders shall be made under the seal of the corporation, and shall be signed by the president or a vice president and the secretary or an assistant secretary, and shall be acknowledged before an officer authorized by the laws of this state to take acknowledgement of deeds; and such certificate so executed and acknowledged shall be filed in the office of the secretary of state and a copy of such certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein said corporation maintains its principal office; and upon so filing said certificate the capital of the corporation shall thereby be so reduced, and to the extent that any such reduction in capital affects the amendment of the articles of incorporation the same shall be deemed to be amended accordingly.
κ1949 Statutes of Nevada, Page 165 (CHAPTER 121, SB 136)κ
(2) Whenever any such reduction of capital is effected by the redemption, purchase, retirement, or conversion of shares subject to redemption, purchase or retirement or entitled to conversion rights, the votes or consents of shareholders shall not be required to effect such reduction of capital or any amendment of the articles of incorporation thereby effected, but may be authorized by resolutions of the board of directors and by the filing of a certificate in the same manner as provided in the preceding paragraph of this section, which certificate shall set forth the resolution of the board of directors and shall state that the reduction of capital and any amendment of the articles of incorporation thereby effected was made without the requirement of any vote or consent of stockholders pursuant to this subsection.
(3) Capital may be reduced and the outstanding shares may be adjusted to correspond with the capital as reduced by (1) redeeming, purchasing or retiring shares subject to redemption, purchase or retirement; or (2) the voluntary or compulsory conversion or exchange or substitution of outstanding shares of any class or classes or series into or for a different number of shares of the same class or classes or series, or into or for the same or a different number of shares of one or more other classes or series, or into or for any combination of classes or series of shares in any number; or (3) changing one or more classes of shares from shares having a specified par value into shares having a lesser specified par value, or into shares without par value; or (4) changing one or more classes or series of shares from shares without par value into shares of a par value less than the capital with respect to such shares; or (5) by reducing the capital with respect to any one or more classes of shares without par value; or (6) by drawing the necessary number of outstanding shares of any class by lot for retirement; or (7) by purchasing shares for retirement, either pro rata from all holders of shares of any class or classes or by purchasing the required number of shares, from time to time in the open market, or at a private sale, in both cases at not exceeding such price or prices as may be fixed in the resolutions authorizing the said reduction of capital; or (8) in any other manner not prohibited by law.
(4) No such reduction of capital shall be made to an amount less than the aggregate par value of all par value shares without liquidation preference to remain outstanding after such reduction and the aggregate amount of the liquidation preferences upon involuntary liquidation of preferred or special shares with or without par value to remain outstanding after such reduction.
(5) No such reduction of capital shall release the liabilities of any stockholder whose shares have not been fully paid.
(b) If the capital of a corporation is reduced in any manner permitted by law, and a surplus results from such reduction, assets in any amount not exceeding the amount of such reduction surplus may, in any lawful manner and at any time and from time to time, be distributed among the stockholders or applied to the redemption or purchase of outstanding shares, in each case, having due regard to the relative rights and priorities of the various classes of shares if more than one class be outstanding and subject to any limitations in the articles of incorporation.
κ1949 Statutes of Nevada, Page 166 (CHAPTER 121, SB 136)κ
incorporation. No such distribution or application of any such reduction surplus shall be made under the authority of this section unless
(1) The board of directors determines that by such distribution or application the corporation will not be rendered unable to satisfy its debts and liabilities when they fall due and that the assets of the corporation after such distribution or application taken at their fair present value will at least equal its debts and liabilities the payment of which is not otherwise provided for. No director shall be liable to the corporation or any creditor or shareholder of the corporation for any determination made under this section if he acted in good faith and with reasonable care.
(2) At least fourteen days before any such distribution or application of any such reduction surplus, the corporation shall file a certificate, in the office of secretary of state and a copy of such certificate, duly certified by the secretary of state, in the office of the county clerk of the county wherein said corporation maintains its principal office. Said certificates shall be made by the corporation under its corporate seal, shall be signed and acknowledged before an officer authorized by the laws of this state to take acknowledgement of deeds by its president or a vice president and its secretary or an assistant secretary, shall state that the capital has been reduced, shall specify the amounts from which and to which it has been reduced, the estimated amount of its debts and liabilities and any provision which has been made for the payment thereof, the estimated fair present value of its assets, the amount of the reduction surplus, and the amount proposed to be so distributed or applied, and shall further state that the board of directors has determined that by the proposed distribution or application of such reduction surplus the corporation will not be rendered unable to satisfy its debts and liabilities when they fall due, and that the assets of the corporation remaining after such distribution or application taken at their fair present value will at least equal any of its debts and liabilities, the payment of which is not otherwise provided for.
(c) A corporation may, by action of its board of directors, apply any part or all of any paid-in or contributed surplus or any surplus created by reduction of stated capital to the reduction or writing off of any deficit arising from losses or diminution in value of its assets. Any such action shall be disclosed in the next annual statement of the corporation and reported at the next annual meeting of the shareholders.
[Any corporation incorporated or reincorporated under this act may from time to time reduce its capital at any time in the manner hereinafter provided; provided, that no reduction shall be made unless immediately after the reduction and adjustment of the outstanding shares in the manner hereinafter provided the capital of the corporation as reduced shall be at least equal to the sum of the aggregate par value of all shares of stock having par value remaining outstanding and the aggregate amount of capital as computed under section 24 of this act, or, if the same shall have been reduced, then the aggregate amount of the capital, as reduced, represented by those shares of stock without par value remaining outstanding. Such reduction of the capital and an adjustment of the outstanding shares to correspond with the capital as reduced may be affected (1) by retiring or reducing the number of the outstanding shares of any class; or (2) by drawing the necessary number of the outstanding shares of any class by lot for retirement; or (3) by causing the exchange by the holders of outstanding shares of any class or classes of their shares for a decreased number of shares of the same or a different class, which may include the exchange of shares having par value for shares without par value, or shares without par value for shares with par value; provided, that in the latter case the capital represented by each of the shares without par value so issued shall be determined in the resolutions authorizing such reduction of capital; or (4) by reducing the par value of the shares of any class or classes having par value, or the amount of capital represented by shares having no par value; or (5) by purchasing shares for retirement, either pro rata from all holders of shares of any class or classes or by purchasing the required number of shares from time to time in the open market, or at a private sale, in both cases at not exceeding such price or prices as may be fixed in the resolutions authorizing the said reduction of capital; or (6) by redeeming or purchasing preferred or special shares, subject to redemption, at not exceeding the price or prices at which the same may be redeemed; or (7) by retiring shares owned by the corporation, redeemed or purchased out of surplus.
κ1949 Statutes of Nevada, Page 167 (CHAPTER 121, SB 136)κ
an adjustment of the outstanding shares to correspond with the capital as reduced may be affected (1) by retiring or reducing the number of the outstanding shares of any class; or (2) by drawing the necessary number of the outstanding shares of any class by lot for retirement; or (3) by causing the exchange by the holders of outstanding shares of any class or classes of their shares for a decreased number of shares of the same or a different class, which may include the exchange of shares having par value for shares without par value, or shares without par value for shares with par value; provided, that in the latter case the capital represented by each of the shares without par value so issued shall be determined in the resolutions authorizing such reduction of capital; or (4) by reducing the par value of the shares of any class or classes having par value, or the amount of capital represented by shares having no par value; or (5) by purchasing shares for retirement, either pro rata from all holders of shares of any class or classes or by purchasing the required number of shares from time to time in the open market, or at a private sale, in both cases at not exceeding such price or prices as may be fixed in the resolutions authorizing the said reduction of capital; or (6) by redeeming or purchasing preferred or special shares, subject to redemption, at not exceeding the price or prices at which the same may be redeemed; or (7) by retiring shares owned by the corporation, redeemed or purchased out of surplus. If shares having a par value are retired, an amount not exceeding the aggregate par value of such shares, or if the shares be preference stock, the redemption price thereof, including dividends necessary to be paid upon redemption, may be charged against or paid out of the capital surplus or other surplus of the corporation in respect of such shares having a par value and, if shares having no par value are retired, an amount not exceeding that part of the capital of the corporation represented by such shares as computed under section 24 of this act, or, if the same shall have been reduced, then an amount not exceeding that part of the aggregate amount of the capital, as reduced, represented by such shares, or if the shares be preference stock, the redemption price thereof, including dividends necessary to be paid upon redemption, may be charged against or paid out of the capital surplus or other surplus of the corporation, in respect of such shares having no par value. If such adjustment is made by the purchase, redemption or retirement of shares, the capital of the corporation shall be reduced by the amount of the capital then representing the shares so purchased, redeemed or retired. If, after the adjustment of the outstanding shares, there will exist an excess of the net assets of the corporation over the amount to which the capital is reduced, such excess may be transferred to surplus and be treated as such for all purposes, or it may immediately be distributed among the stockholders in any lawful manner. Except when preferred or special shares, subject to redemption, are purchased or redeemed, the reduction in capital shall not be effective, nor any distribution shall be made until the proposed method of effecting the reduction and disposition of any such excess shall be authorized and approved in the manner provided by section 7 of this act for the amendment of the certificate of incorporation, and a certificate of such action specifically setting forth the proposed method of effecting the reduction, and in the event there is to be a distribution to stockholders of any part of the excess created by such reduction, the amount so to be distributed, executed, authenticated and filed by the president or vice president and the secretary or assistant secretary in the same manner as provided in said section 7 of this act for a certificate of amendment of the certificate or articles of incorporation.
κ1949 Statutes of Nevada, Page 168 (CHAPTER 121, SB 136)κ
of this act for the amendment of the certificate of incorporation, and a certificate of such action specifically setting forth the proposed method of effecting the reduction, and in the event there is to be a distribution to stockholders of any part of the excess created by such reduction, the amount so to be distributed, executed, authenticated and filed by the president or vice president and the secretary or assistant secretary in the same manner as provided in said section 7 of this act for a certificate of amendment of the certificate or articles of incorporation. Whenever any special or preferred shares subject to redemption are purchased or redeemed, the reduction in capital shall not be effective until a certificate of such action setting forth the action taken and stating that such action was taken under the authority of the board of directors shall be executed, authenticated and filed by the president or vice president and secretary or assistant secretary, in the same manner as provided in the preceding paragraph of this section 25 of this act. No reduction shall be made in the capital of the corporation unless the assets of the corporation remaining after such reduction are sufficient to pay any debts, the payment of which shall not have been otherwise provided for, and the certificate of reduction shall so state. No distribution shall be made to the stockholders of one class in violation of the equal or prior rights of another class as determined by the certificate of incorporation or amendments thereof. No such decrease of capital shall release the liabilities of any stockholder whose shares have not been fully paid. Unless otherwise provided in the resolutions authorizing the reduction of capital and the adjustment of shares, or in the certificate of incorporation as then amended, no action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of such corporation which such corporation is authorized to have outstanding, and other shares may be issued in lieu of the shares so purchased, redeemed or retired; provided, that the maximum number of shares authorized in the certificate of incorporation as then amended shall not be exceeded; provided further, that the issuance of said shares shall be subject in all respects to the provisions of sections 12 and 13 of this act.]
Sec. 6. Section 26 of the above-entitled act, being section 1625 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
Section 26. Dividends may be paid to stockholders from a corporations [net earnings or from the surplus] excess of its assets over its liabilities, including capital, as computed in accordance with the provisions of sections 24 and 25 of this act, or in case there shall be no such excess, out of its net profits for the fiscal year then current and/or the preceding fiscal year, but not otherwise; provided, however, that if the capital of the corporation computed as aforesaid shall have been diminished by depreciation in the value of its property, or by losses, or otherwise, to an amount less than the aggregate amount of the capital represented by the issued and outstanding stock of all classes having a preference upon the distribution of assets, the directors of such corporation shall not declare and pay out of such net profits any dividends upon any shares of any classes of its capital stock until the deficiency in the amount of capital represented by the issued and outstanding stock of all classes having a preference upon the distribution of assets shall have been repaired.
κ1949 Statutes of Nevada, Page 169 (CHAPTER 121, SB 136)κ
preference upon the distribution of assets, the directors of such corporation shall not declare and pay out of such net profits any dividends upon any shares of any classes of its capital stock until the deficiency in the amount of capital represented by the issued and outstanding stock of all classes having a preference upon the distribution of assets shall have been repaired. Subject to any restrictions contained in its certificate or articles of incorporation, the directors of any corporation engaged in the exploitation of wasting assets may determine the net profits derived from the exploitation of such wasting assets without taking into consideration the depletion of such assets resulting from lapse of time or from necessary consumption of such assets incidental to their exploitation. When the directors shall so determine dividends may be paid in stock. A director shall be fully protected in relying in good faith upon the books of account of the corporation or statements prepared by any of its officials as to the value and amount of the assets, liabilities or net profits of the corporation, or any other facts pertinent to the existence and amount of surplus or other funds from which dividends might properly be declared.
Sec. 7. The above-entitled act is hereby amended by adding a new section to follow section 29 and to be known as section 29(a), which shall read as follows:
Section 29(a). Any action, except election of directors, which may be taken by the vote of shareholders at a meeting, may be taken without a meeting if authorized by the written consent of shareholders holding at least a majority of the voting power; provided, however, that if any greater proportion of voting power is required for such action at a meeting, then such greater proportion of written consents shall be required; and provided further, that this general provision for action by written consent shall not supersede any specific provision for action by written consent contained elsewhere in this act.
Sec. 8. The above-entitled act is hereby amended by adding a new section to follow section 31 and to be known as section 31(a), which shall read as follows:
Section 31(a). (1) The statement in the certificates or articles of incorporation of the objects, purposes, powers, and authorized business of the corporation constitutes, as between the corporation and its directors, officers, or shareholders, an authorization to the directors and a limitation upon the actual authority of the representatives of the corporation. Such limitations may be asserted in a proceeding by a shareholder or the State, to enjoin the doing or continuation of unauthorized business by the corporation of its officers, or both, in cases where third parties have not acquired rights thereby, or to dissolve the corporation, or in a proceeding by the corporation or by the shareholders suing in a representative suit, against the officers or directors of the corporation for violation of their authority.
(2) No limitation upon the business, purposes, or powers of the corporation or upon the powers of the shareholders, officers, or directors, or the manner of exercise of such powers, contained in or implied by the articles shall be asserted as between the corporation or any shareholder and any third person.
κ1949 Statutes of Nevada, Page 170 (CHAPTER 121, SB 136)κ
by the articles shall be asserted as between the corporation or any shareholder and any third person.
(3) Any contract or conveyance, otherwise lawful, made in the name of a corporation, which is authorized or ratified by the directors, or is done within the scope of the authority, actual or apparent, given by the directors, binds the corporation, and the corporation acquires rights thereunder, whether the contract is executed or wholly or in part executory.
(4) This section applies to contracts and conveyances made by foreign corporations in this State and to all conveyances by foreign corporations of real property situated in this state.
Sec. 9. Section 54 of the above-entitled act, being section 1653 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:
Section 54. [Said district court may limit the time within which] All creditors shall present and make proof to such receiver of their respective claims against the corporation [, and may bar all creditors and claimants failing so to do within the time limited] within six months from the date of appointment of the receiver or trustee for such corporation, or sooner if the court shall order and direct, and all creditors and claimants failing to do so within the time limited by this section, or the time prescribed by the order of the court, shall by the direction of the court be barred from participating in the distribution of the assets of the corporation; said court [may] shall also prescribe what notice, by publication or otherwise, shall be given to creditors of such limitation of time.
Sec. 10. Section 65 of the above-entitled act, being section 1664 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:
Section 65. All corporations, whether they expire by their own limitation, or are otherwise dissolved, shall nevertheless for the term of three years from such expiration or dissolution be continued as bodies corporate for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property, and to divide their capital stock, but not for the purpose of continuing the business for which said corporation shall have been established; provided, however, that with respect to any action, suit, or proceeding begun or commenced by or against the corporation prior to such expiration or dissolution and with respect to any action, suit or proceeding begun or commenced by or against the corporation within three years after the date of such expiration or dissolution, such corporation shall only for the purpose of such actions, suits or proceedings so begun or commenced be continued bodies corporate beyond said three-year period and until any judgments, orders, or decrees therein shall be fully executed.
Sec. 11. Section 75 of the above-entitled act, being section 1674 of the Nevada Compiled Laws (Supplement 1931-1941), is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 171 (CHAPTER 121, SB 136)κ
Section 75. The directors of a corporation shall not make dividends or other distributions to stockholders [except as provided in section 26 hereof nor shall they divide, withdraw or in any way pay to the stockholders or any of them any part of the capital of the corporation computed in accordance with sections 24 and 25 of this act, or decrease its capital, computed as aforesaid,] except as provided by this act; in case of any willful or negligent violation of the provisions of this section, the directors under whose administration the same may have happened, except those who may have caused their dissent therefrom to be entered upon the minutes of the meeting of the directors at the time, or who not then being present, shall have caused their dissent therefrom to be entered on learning of such action, shall jointly and severally be liable at any time within three years after each such violation, to the corporation, and in the event of its dissolution or insolvency, to its creditors at the time of the violation, or any of them, to the lesser of the full amount of the dividend made or of any loss sustained by the corporation by reason of such [withdrawal, divisions or decreases of capital] dividend or other distribution to stockholders.
________
Assembly Bill No. 202Mr. Gallagher.
CHAPTER 122
AN ACT to amend an act entitled An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof, approved March 22, 1921, as amended.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, as amended by section 1 of chapter 127, 1947 Statutes of Nevada, and being N. C. L. 1929, section 4260, is hereby amended to read as follows:
Section 3. Each applicant for license or for change in class or renewal of his license must file with his application for same a certificate from a licensed physician stating the condition of the applicants heart, sight, and hearing, [and whether in the doctors opinion the applicant is physically qualified to run hoist.] and shall meet the following physical qualifications:
a. The applicant shall have a visual acuity of at least 20/80 in each eye separately without correction, provided that the vision in either or both eyes can be brought up to 20/40.
b. If the applicant has only one eye, the vision must be not less than 20/50 and must be brought up to 20/30 by glasses.
κ1949 Statutes of Nevada, Page 172 (CHAPTER 122, AB 202)κ
c. Applicant must be able to hear ordinary conversation at five feet in one or both ears.
d. Applicant must not be subject to attacks of unconsciousness or incoordination due to heart disease or any other cause.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 205Messrs. Harmon, Johnson, and Bacigalupi.
CHAPTER 123
AN ACT to incorporate the department of Nevada and the posts, in Nevada, of the veterans of foreign wars of the United States.
[Approved March 22, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of Nevada, veterans of foreign wars of the United States, and each post of the veterans of foreign wars of the United States chartered by the national organization in pursuance of its national corporate powers, constitution and bylaws, shall be deemed bodies corporate and politic on compliance with the terms of this act without the necessity of complying with the general incorporation laws. Such department and respective posts shall at all times remain under the jurisdiction of and be governed according to the constitution, bylaws and rules of procedure of the veterans of foreign wars of the United States.
Sec. 2. The department, or any post thereof located therein, wishing to avail itself of the provisions of this act shall file with the secretary of state, in the case of the department, and with the county clerk of a least one county in which it is located, in the case of a post, an application and acceptance, and the approval in writing by the commander in chief in the case of the application of a department, and by the department commander and commander in chief in the case of a post, of this act or of the application pursuant to section 708 of the constitution, bylaws and manual of procedure of the veterans of foreign wars of the United States (bylaws, miscellaneous provisions, article VII) and section 4 and other pertinent provisions of the act to incorporate the veterans of foreign wars of the United States, approved May 28, 1936 (public number 630, 74th congress, 36 U. S. C. A. 113). Upon and from and after such filing the powers and privileges granted by this act shall immediately vest in such respective department or post and the certificate of the secretary of state or the county clerk of the appropriate county shall be evidence thereof.
In addition upon the election or appointment of the first trustees of such departments or any such post there shall be filed with the secretary of state or the county clerk, as the case may be, a certificate of such election or appointment, executed by the person making the appointment, or by the judges holding the election, duly acknowledged before a notary public.
κ1949 Statutes of Nevada, Page 173 (CHAPTER 123, AB 205)κ
before a notary public. Thereafter such a certificate shall be executed, acknowledged and filed in like manner when changes are made in such trustees from time to time.
Sec. 3. The veterans of foreign wars of the United States, department of Nevada, and the various veterans of foreign wars posts thereof within the State of Nevada, shall have power in their corporate capacity-first, to sue, or be sued, in any court having competent jurisdiction; second, to make and use a common seal, and to alter the same at pleasure; third, to acquire by purchase, bequest, or donation, directly or indirectly, hold in perpetuity, sell and convey such property, real and personal, as may be deemed necessary by the proper authorities thereof, to carry out the purposes of said veterans of foreign wars of the United States, department of Nevada, or the various veterans of foreign wars posts thereof within the State of Nevada; fourth, to elect or appoint, according to the respective regulations or customs, not less than three nor more than fifteen persons, to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and to transact all business relating thereto; fifth, and generally be entitled to all the rights, privileges, and immunities usually had or enjoyed by such corporations.
Sec. 4. The purposes of the department and posts hereby granted corporate powers are and shall be fraternal, patriotic, historical, and educational; to preserve and strengthen comradeship among the members; to assist worthy comrades; to perpetuate the memory and history of the dead and assist their widows and orphans; to maintain true allegiance to the government of the United States of America and fidelity to its constitution and laws; to foster true patriotism; to maintain and extend the institutions of American freedom and to preserve and defend the United States from all enemies whomsoever.
Sec. 5. When any post, hereby incorporated, shall be dissolved by its own act, or the forfeiture of its charter, the property, real and personal, belonging to said post shall revert to and become the property of the veterans of foreign wars, department of Nevada, subject to the conditions of any bequest or grant under or through which said post became the owner of said property; provided, that all just and equitable indebtedness of said post shall be paid before reversion, and the said veterans of foreign wars, department of Nevada, shall not be liable for any indebtedness of any of the various posts. The dissolution of posts or the department of Nevada shall also be governed by the conditions prerequisite for approval mentioned in section 708, miscellaneous provisions, article VII of the manual of procedure of the veterans of foreign wars of the United States.
Sec. 6. It shall be the duty of the said board of trustees, annually, to make a full report of all property, real and personal, held by the corporation of which they are trustees, and the condition of the corporation to such post, a copy of which shall be filed in the office in which, according to section 2 of this act, their certificate of election or appointment has been filed, with an affidavit of the truth of said report.
κ1949 Statutes of Nevada, Page 174 (CHAPTER 123, AB 205)κ
Sec. 7. The veterans of foreign wars of the United States and all departments and posts thereof chartered by it are hereby recognized as benevolent societies as referred to in the act approved March 5, 1877, Statutes 1877, page 169, being section 3282 Nevada Compiled Laws 1929.
Sec. 8. All acts and parts of acts insofar as in conflict with this act and specifically an act entitled An act to incorporate the veterans of foreign wars, department of Nevada, and all veterans of foreign wars posts within the State of Nevada, approved February 28, 1947, being chapter 17, Statutes 1947, are hereby repealed.
Sec. 9. This act shall be in full force and effect immediately after its passage and approval.
________
Senate Bill No. 38Senator Johnson.
CHAPTER 124
AN ACT to amend an act entitled An act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith, approved March 27, 1947.
[Approved March 22, 1949]
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 chapter 181, page 623, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 2. As used in this act:
1. The term system means the public employees retirement system established by this act.
2. The term public employer means the state, one of its agencies or one of its political subdivisions and irrigation districts created under the State of Nevada.
3. The term employee includes in addition to employees of the State of Nevada and its political subdivisions, public officers, but not persons employed as independent contractors.
4. The term salary means the remuneration paid to employees in cash out of public funds in return for his service to the employer plus the monetary value, as determined by the public employees retirement board, of whatever living quarters, board, lodging, fuel, laundry, and other advantages the employer furnishes him in return for his services.
5. [The term annuity means payment for life derived from contributions made by a member as provided in this act.] The term retirement allowance means payment for life derived from contributions of members and public employer.
κ1949 Statutes of Nevada, Page 175 (CHAPTER 124, SB 38)κ
6. [The term pension means payments for life derived from contributions by one or more public employers.] The term police officers and firemen shall include guards at any of the state institutions and fire wardens, other than ex officio.
7. The term continuous service means service in public employment of the state and for its political subdivisions not interrupted for five years or more.
8. The term members means qualified participants in the retirement system established by this act.
Sec. 2. Section 4 of the above-entitled act is hereby amended to read as follows:
Section 4. (1) The governing authority of the system shall be a board of five persons appointed by the governor and known as the public employees retirement board.
(2) The board shall have (a) the powers and privileges of a body corporate, and (b) the power and duty subject to the limitations of this act of managing the system.
(3) The board (a) shall at its first meeting each year designate one of its members to serve as chairman of the board for the remainder of the year and until his successor is designated and takes the office, (b) shall arrange for actuarial service for the system, (c) shall employ an executive secretary as hereinafter provided, (d) shall create such other positions as it deems necessary for the sound and economical administration of the system, which positions the executive secretary shall fill by appointment, subject to the approval of the board, (e) and, in accord with the adopted pay plan of the state, shall fix the salaries of all persons employed for purposes of administrating the system. The members of the board shall receive their actual and necessary traveling and other expenses to the limit fixed by statute, when necessarily absent from home attending to the business of the board; provided further, that those members of the board who are not participating members of the retirement system, shall receive additional compensation of twenty ($20) dollars per day for attendance at meetings. Such reimbursement for expenses shall be paid from the public employees retirement fund.
Sec. 3. Section 5 of the above-entitled act is hereby amended to read as follows:
Section 5. (1) Of the five members of the board, two shall be citizens (a) who have resided in the state for two years immediately preceding their appointment to the board, and (b) neither of whom (i) is an employee of a public employer during his term of office on the board, or (ii) has been such an employee for two years immediately preceding his appointment to the board.
(2) The other three of first five members of the board shall be persons who have had at least ten years of service for the State of Nevada or its political subdivision and who would be eligible for membership in the system if it were established at the time of their appointment. All successors of any of the three shall be members of the system with at least ten years of public service in the State of Nevada.
κ1949 Statutes of Nevada, Page 176 (CHAPTER 124, SB 38)κ
(3) Of the first five members of the board, the governor shall designate one to serve until July 1, 1949, two until July 1, 1950, and two until July 1, 1951. Except as this section otherwise provides, a member of the board succeeding one of these five shall serve for four years and until his successor is appointed and takes office. Each member of the board shall have the same qualifications as this act prescribes for his predecessor.
(4) [A member of the board who is not one of the first five members and who is required to be a member of the system in order to be a member of the board shall be appointed from a list of five members of the system which its membership nominates, in accordance with a system of nominations prescribed by the governor, for membership on the board. (5)]. In the event that a member of the board fails to complete the term of office previously provided for him in this section, the governor shall appoint a person to succeed him as a member of the board for the unexpired portion of the term.
Sec. 4. Section 8 of the above-entitled act is hereby amended to read as follows:
Section 8. No person may become a member of the system unless he is in the service of a public employer. All public employers shall participate in, and their employees shall be members of, the system, except as follows: (1) An employee who is a member of, or eligible for membership in, a retirement system established by a public employer prior to the time this act takes effect may not become a member of the system established by this act until the previously established system is integrated with the system established by this act pursuant to the procedure provided by this act. [As member of the system established by this act he shall receive no credit for service during such time as he heretofore excluded or hereafter excludes himself from the previously established system, and shall receive only such credit for service during the time he is a member of the previously established system as the contract of integration provides.]
(2) A political subdivision which employs fewer than five employees each of whose positions requires more than 600 hours of service per year may participate in the system only by following the procedure by which a public employer coming into existence after May 1, 1948, may become a participant in the system.
(3) Whenever the governing body and two-thirds of the employees of a political subdivision which employs at least five employees each of whose positions normally requires 600 hours of service per year elect not to participate in the system, the governing body of the political subdivision shall notify the board in writing, not later than May 1, 1948, that it elects to exclude its employees from the system, in which event none of its employees may become a member of the system until it participates in the system.
(4) No employee whose position normally requires less than 600 hours of service per year may become a member of the system.
(5) No inmate of a state institution and no person enrolled full time in a state institution principally for purposes of training, even though he receives compensation for services performed for the institution, may become a member of the system.
κ1949 Statutes of Nevada, Page 177 (CHAPTER 124, SB 38)κ
he receives compensation for services performed for the institution, may become a member of the system.
(6) A person holding an elective office or an appointive office may become a member of the system only by giving the board written notice of his desire to do so within 30 days after he takes the office or, in the event that he takes the office before this act takes effect, within 30 days after July 1, 1948, or, in the event that he is not eligible to become a member of the system at the time he takes the office, within 30 days after he becomes eligible.
(7) A public employer which is excluded under paragraph (2) of this section or which comes into existence after May 1, 1948, or which, under authority of this act, is excluded or excludes its employees from the system, may request the board to make a study and estimate of the cost of including it and its eligible employees in the system, which the board shall thereupon cause to be made and the cost of which the employer shall bear. Upon completion of the study and estimate the employer may apply for admission to the system, whereupon it shall begin to participate therein and its eligible employees shall become members of the system.
Sec. 5. The above-entitled act is hereby amended by adding thereto a new section to be numbered section 9(2), which section shall immediately follow section 9 and which shall read as follows:
Section 9(2). Whenever it is proposed to integrate a previously existing system for public school teachers with the system provided for in this act, the procedure shall be as follows:
Whenever two-thirds of the teachers who are now qualified members under the previously existing system and who are legally employed in the state or who are present beneficiaries shall give their approval of the proposed contract of integration, the state board of education, as employer for the purpose of integration and administration of this act and without the necessity of further financial and actuarial investigation as provided in section 9(1) of this act, shall execute a contract with the public employees retirement board, and it shall be the duty of the state board of education and the public employees retirement board to subscribe and execute the written text thereof for the purpose of providing a complete integration of the two systems, which contract shall provide:
1. That all benefits conferred by the previously existing system shall be preserved to the members of the system after they become members of the state system.
2. That the members of the previously existing system and all public school teachers legally employed as such in the state or by the state department of education, shall be required to pay contributions under the state system for a period of one year before receiving any payments whatsoever from the state system, but during said period of one year such members shall be eligible to receive benefits under the previously existing system.
(a) All moneys paid in by the members of the previously existing system shall be restored to them, unless their benefits have already accrued and they are receiving a retirement salary under the previous act.
κ1949 Statutes of Nevada, Page 178 (CHAPTER 124, SB 38)κ
accrued and they are receiving a retirement salary under the previous act.
(b) That the states contribution to the public school teachers permanent fund now existing or arising from tax levies shall be transferred and credited currently as a part of the employers contribution under the contract of integration; provided further, that the state board of education is authorized to pay necessary administrative expenses incurred in the integration and liquidation of the public school teachers retirement act out of said fund.
All certificated teachers legally employed in the public schools of this state or by the state department of education, whether members of a previously integrated system or not, shall upon integration of the two systems become members of the retirement system created by this act, and shall be entitled to all the benefits accruing under this act.
Upon the integration of the public school teachers system with the system provided for in this act and for the purpose of paying the employers contribution, there shall be appropriated by the legislature a sufficient amount from the general fund to cover the same for each biennium.
It shall be the duty of the state board of education to collect from the various school districts the employees share and transmit the same along with the employers share to the public employees retirement board in the same manner as any other public employer.
It shall be the duty of the officers of all school districts in the state and all other officers auditing or allowing claims respecting the public schools to deduct and transmit the employees premium contributions to the state board of education.
Sec. 6. Section 10 of the above-entitled act is hereby amended to read as follows:
Section 10. (1) The board shall establish a fund which shall be known as the public employees retirement fund and in which all funds that the board received shall be included.
(2) The board shall provide for an individual account for each member of the system. The account shall show the amount of the members contributions to the fund, the interest which they have earned, and the deductions from them for administration expenses of the system.
(3) All funds paid into the fund shall be deposited with the state treasurer, who shall be custodian of the fund and pay all warrants drawn on it by the controller in compliance with the law. No such warrant shall be paid until the claim for which it is drawn is first certified by the executive secretary and otherwise allowed, audited, and drawn as required by law.
(4) The funds of the retirement system which are deemed by the board to be not required for current operations, shall be invested and reinvested by the [board subject to all the terms, conditions, limitations, and restrictions imposed by law on domestic insurance companies in the State of Nevada in making and disposing of their investments, and subject to like terms, conditions, limitations, and restrictions, the board shall have full power to sell, assign, transfer, and dispose of any of the securities and investments of the system] state board of finance subject to the laws of the State of Nevada pertaining to the investment of public funds.
κ1949 Statutes of Nevada, Page 179 (CHAPTER 124, SB 38)κ
board shall have full power to sell, assign, transfer, and dispose of any of the securities and investments of the system] state board of finance subject to the laws of the State of Nevada pertaining to the investment of public funds.
(5) The board shall provide for a biennial audit of the retirement fund and for a biennial report to the members of, and employers participating in, the system.
Sec. 7. The above-entitled act is hereby amended by adding thereto a new section to be number section 12(a), which section shall immediately follow section 12 and which shall read as follows:
Section 12(a). For the purpose of paying the employers contributions for the salaries paid from the general fund, there shall be appropriated by the legislature of sufficient amount from the general fund to cover same for each biennium.
Sec. 8. Section 14 of the above-entitled act is hereby amended to read as follows:
Section 14. [The objective of this act with reference to service after July 1, 1948, shall be to provide each employee who is a member of the system a disability retirement allowance of the amount hereinafter provided for and a total service retirement allowance of approximately one-half his average salary during his last five years of service for police officers and firemen with 20 or more years of credit in the system and who have reached the age of 55 years, and for other employees with 20 or more years of credit in the system and who have reached the age of 60 years. For any employee entering the system after the age of 35 years, the objective shall be to provide an allowance for service after July 1, 1948, proportionally reduced on the basis of his age at the time he first becomes a member of the system. Upon the basis of this objective and of actuarial tables approved by the board, the actuary shall ascertain for each member of the system the percentage of his compensation earned after July 1, 1948, and before his compulsory service retirement age which, with interest, is necessary to provide approximately one-half of the benefits the act intends for him to receive on account of service during that period. From each pay roll during the period his employer shall deduct that percentage of the amount credited to him on the pay roll and shall transmit the deduction to the board, which shall cause it to be credited to his account in the fund. An employee whose rate of contribution to the fund is fixed at more than 5% of his salary may elect to reduce his contribution rate of 5% by notifying the board to that effect, in which event his benefits shall be reduced accordingly. An employee whose salary exceeds two hundred ($200) dollars per month shall contribute on the basis of all his salary except during such times as he elects, by written notice to the board, to contribute on the basis of only two hundred ($200) dollars per month.] The objective of this act shall be to provide each employee who is a member of the system a disability retirement allowance of the amount hereinafter provided for and a total service retirement allowance of one-half his average salary during his last five years of service for police officers and firemen with twenty or more continuous years of credit in the system and who have reached the age of 55 years, and for other employees with 20 or more continuous years of credit in the system and who have reached the age of 60 years.
κ1949 Statutes of Nevada, Page 180 (CHAPTER 124, SB 38)κ
and firemen with twenty or more continuous years of credit in the system and who have reached the age of 55 years, and for other employees with 20 or more continuous years of credit in the system and who have reached the age of 60 years. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200).
Each employee who is a member of the system shall contribute 5% of the gross compensation earned by him after July 1, 1948, as a member of the system; provided, that no employee shall be required to contribute on any amount in excess of four hundred dollars ($400) per month. From each pay roll during the period of his membership the employer shall deduct the amount of the members contributions and transmit the deduction to the retirement board at intervals designated by the board. No portion of the contribution referred to above shall be used for administrative expenses.
Sec. 9. Section 15 of the above-entitled act is hereby amended to read as follows:
Section 15. (1) [A public employer which is a member of the system shall, at intervals designated by the board, transmit to it such amounts as are actuarially computed, on the basis of the objectives of this act heretofore stated and of actuarial tables approved by the board, to be necessary to match the benefits which will be provided its employees by accumulating their contributions for service after July 1, 1948. For purposes of this subsection no employees compensation shall be deemed to exceed two hundred ($200) dollars per month.] Each public employer shall pay into the retirement fund 5% of all gross compensation payable on or after July 1, 1949, at intervals prescribed by the board; provided, that no employer shall be required to contribute on any amount in excess of four hundred dollars ($400) per month.
(2) In addition each such employer shall, after July 1, 1949, transmit to the board, at intervals which the board designates such amounts as are actuarially determined to be necessary to amortize within 20 years after the employer commences participating in the system of all liabilities estimated by the actuary to accrue to the system under rules to be adopted by the board on account of service by the employers employees prior to the time it commences participating in the system.
(3) Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his employer prior to the time it commences to participate in the system. Within 120 days after his employer becomes a participant in the system the board shall issue to the member entitled to such credit a certificate of the aggregate of such credit to which he is entitled. The certificate shall be final unless the board, for cause upon his or its own motion, modifies the certificate.
Sec. 10. Section 16 of the above-entitled act is hereby amended to read as follows:
Section 16. (1) [In the event that an employee who is a member of the system, who has contributed to the fund for ten (10) years, and who has not attained his earliest retirement age, is separated, for any reason other than death or disability, from all service entitling him to membership in the system, his account shall remain to his credit in the fund and there shall be paid, after he attains his earliest retirement age, a service retirement allowance which shall consist of (1) an annuity which shall be the actuarial equivalent of his accumulated contributions and interest thereon credited to him, and (2) a pension provided by the contributions of his employers equal to the annuity provided by his accumulated contributions on his salary up to two hundred ($200) dollars per month.]
κ1949 Statutes of Nevada, Page 181 (CHAPTER 124, SB 38)κ
and who has not attained his earliest retirement age, is separated, for any reason other than death or disability, from all service entitling him to membership in the system, his account shall remain to his credit in the fund and there shall be paid, after he attains his earliest retirement age, a service retirement allowance which shall consist of (1) an annuity which shall be the actuarial equivalent of his accumulated contributions and interest thereon credited to him, and (2) a pension provided by the contributions of his employers equal to the annuity provided by his accumulated contributions on his salary up to two hundred ($200) dollars per month.] Any person employed by the state or its political subdivisions who is a participating member of this system who has been employed for a period of twenty-five or more continuous years and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum retirement age, may elect to refuse return of his contributions and in place thereof, upon reaching retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
(2) In the event that an employee who is a member of the system, who has contributed to the fund [for less than ten (10) years,] and who has not attained his earliest service retirement age, is separated, for any reason other than death or disability, for all service entitling him to membership in the system, he may withdraw from the fund the amount credited to him in his account.
(3) [Whenever, within five years after so withdrawing the amount so credited to him, such an employee reenters the service of an employer participating in the system, his rights in the system which were forfeited by the withdrawal shall be restored upon his repaying to the board the full amount so withdrawn.] Whenever a member who has previously withdrawn the amount credited to him above returns to the service of a public employer participating in this system, within five years after having withdrawn his account, he must redeposit with interest all contributions previously withdrawn. Upon redepositing his contributions, such a member shall have restored completely his previous service credits which had been relinquished by the withdrawal of such contributions; providing, however, upon his return to the employment under the system the employee may elect to start as a new member.
(4) An employee shall cease to be a member of the system (a) in the event that he is absent from the service of all employers participating in the system for a total of more than five (5) years during any six-year period after he becomes a member of the system, or (b) in the event that during any absence from such service he withdraws the amount credited to his account in the fund.
(5) No transfer after July 1, 1948, by a member of the system from the service of one employer participating in the system to the service of another such employer shall impair any rights or deprive him of any credits accruing to him as a result of his membership in the system after July 1, 1948, and prior to the transfer.
κ1949 Statutes of Nevada, Page 182 (CHAPTER 124, SB 38)κ
Sec. 11. Section 18 of the above-entitled act is hereby amended to read as follows:
Section 18. (1) On and after July 1, 1949, a police officer or fireman who is a member of the system and who has attained the age of 55 years may be retired from service and thereafter, except as this act otherwise provides, the date of his retirement shall be the first day of the calendar month next succeeding the one in which he attains that age.
(2) On and after July 1, 1949, any other employee who is a member of the system and who has attained the age of 60 years may be retired from service and thereafter, except as this act otherwise provides, the date of his retirement shall be the first day of the calendar month next succeeding the one in which he attains that age.
[(3) A police officer or fireman, who is a member of the system and reaches the age of 55, and any other employee who is a member of the system and reaches the age of 60, may be continued in service for successive periods of one year each, upon written recommendation of the administrative head of his employer that continued service on his part is in the public interest, and upon approval of the board.
(4) Notwithstanding the previous provisions of this section, an elected official or a person appointed to an office for a definite term may remain in service until the end of the term of his office during which he reached the compulsory service retirement age applicable to him, and a school teacher or other instructor serving under a contract or appointment for a definite term may continue in service until the end of the school or academic year in which he reaches the age of 60.]
[(5)] (3) [After June 30, 1953, a police officer or fireman who is a member of the system and attains the age of 50 or any other employee who is a member of the system and attains the age of 55, shall be retired upon his written application to the board on a reduced service retirement allowance which shall be the actuarial equivalent of the service retirement allowance at the compulsory retirement age provided in section 18 of this act.] On and after July 1, 1953, a police officer and fireman who has completed thirty years of continuous service or any other employee who has completed thirty years of continuous service and has attained the age of fifty-five shall be retired upon acceptance by the board of his written application to retire. If such police officer and fireman having thirty years of continuous service retires or any other member with thirty years of continuous service retires at fifty-five, he shall receive a service retirement allowance which will be 50% of his average salary for the last five years.
Sec. 12. Section 19 of the above-entitled act is hereby amended to read as follows:
Section 19. [Upon retiring from service on account of superannuation at the compulsory retirement age a person who is a member of the system shall receive a service retirement allowance which shall consist of (1) an annuity which shall be the actuarial equivalent of his accumulated contributions and interest thereon credited to him at the time he retires; (2) a pension provided by the contributions of his employers equal to the annuity provided by his accumulated contributions on his salary up to two hundred ($200) dollars per month; and (3) an additional pension for prior service, including military service, credited to him at the time he first becomes a member of the system, as elsewhere provided in this act, which pension shall be provided by the prior service contributions of this employer.
κ1949 Statutes of Nevada, Page 183 (CHAPTER 124, SB 38)κ
equal to the annuity provided by his accumulated contributions on his salary up to two hundred ($200) dollars per month; and (3) an additional pension for prior service, including military service, credited to him at the time he first becomes a member of the system, as elsewhere provided in this act, which pension shall be provided by the prior service contributions of this employer. No such additional pension for prior service shall be paid until July 1, 1949.] Upon retirement from the service of the state or one of its political subdivisions after twenty or more years of continuous service at retirement age, a member of the retirement system will receive a monthly service retirement allowance which will be 50% of the average monthly salary during the last five years of public employment payable during his lifetime. If the total years of service at retirement is ten years or more, but is less than twenty, the retirement allowance shall be prorated on the basis of twenty years. In order to be eligible for the above, a police officer or fireman must have attained the age 55 and every other member the age of 60. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200).
Sec. 13. Section 22 of the above-entitled act is hereby amended to read as follows:
Section 22. (1) [Whenever an employee who is a member of the system, who has been an employee who is a member of the system, who has been an employee for five years or more of an employer which is participating in the system, and who is under the voluntary retirement age, is found, after being examined by one or more physicians selected by the board, to be mentally or physically incapacitated for an extended and uncertain duration, as determined by medical examination, by injury sustained while in actual performance of duty and not intentionally self-inflicted, he shall receive a disability retirement annuity based on the contributions credited to his account and a pension provided by the contributions of his employing agencies equal to the pension to which he would have been entitled if he had worked continually until his earliest service retirement age as provided in section 18(5); provided, however, that no payments under such disability retirement annuity and pension shall be paid for the first 90-day period of such incapacity. The amount of the pension shall be reduced, however, by the amount of the payments to which he is entitled from the industrial accident commission.
(2) Whenever an employee who is a member of the system, who has been an employee for 15 years or more of an employer which is participating in the system, and who is under the voluntary service retirement age, is found, after being examined by one or more physicians selected by the board, to be mentally or physically incapacitated for an extended and uncertain duration, as determined by medical examination, from cause other than injury sustained while in actual performance of duty or intentionally self-inflicted, he shall receive a disability retirement annuity based on the contributions credited to his account and a pension provided by the contributions of his employing agencies equal to the pension to which he would have been entitled if he had worked continually until his earliest service retirement age as provided in section 18(5); provided, however, that no payments under such disability retirement annuity and pension shall be paid for the first 90-day period of such incapacity.]
κ1949 Statutes of Nevada, Page 184 (CHAPTER 124, SB 38)κ
as provided in section 18(5); provided, however, that no payments under such disability retirement annuity and pension shall be paid for the first 90-day period of such incapacity.]
A member of the retirement system who has had ten years or more of continuous service and becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance. It shall not be required that such injury or mental or physical illness shall have arisen out of and in the course of employment. Such disability retirement allowance shall be 50 percent of his average salary over the last five years of public employment preceding retirement, if the years of continuous service at the time of disability are twenty or more. If the total years of service are less than twenty, the service retirement allowance shall be prorated on the basis of twenty years. No payments under such disability retirement allowance shall be paid for the first ninety days. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200).
[(3)] (2) The board shall require medical examinations of all applicants for retirement for disability under such general rules as it prescribes, and may provide for the discontinuance of any disability retirement allowance and the forfeiture of all rights under this act, for any person who refuses to submit to such an examination.
[(4)] (3) When a disability beneficiary is determined by the board to be not incapacitated to the extent that he is disabled from the performance of duty, his disability retirement shall be canceled forthwith and he shall be reinstated in service, his rate of contribution to be determined among other factors, by his age at the time of the reinstatement of his individual account to be credited with the amount which stands to his credit in his account in the fund at the time of his retirement for disability. Such a person who for any reason is not reinstated in the service of a public employer participating in the system shall receive separation benefits as provided in this act.
Sec. 14. Section 23 of the above-entitled act is hereby amended to read as follows:
Section 23. Any person accepting or receiving the benefits of retirement compensation under this act shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch, or agency thereof, and any person accepting or enjoying the benefits of retirement compensation under this act, who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch, or agency thereof for services rendered shall forfeit all the benefits of this act so long as he shall retain such employment or receive such compensation, and the [state controller] proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
________
κ1949 Statutes of Nevada, Page 185κ
Senate Bill No. 42Committee on Finance.
CHAPTER 125
AN ACT making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1950-1951.
[Approved March 23, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund except when otherwise specified, for the purposes hereinafter expressed and for the government of the State of Nevada for the fiscal years 1950-1951.
Administrative Offices
Sec. 2. The Office and Mansion of the Governor.
For the support of the office and mansion of the governor..... .......................................................................................... $56,500.00
Apportioned as follows:
Salary of the governor............................................. $15,200.00
Salary of the governors secretary......................... 7,800.00
Salary of clerk............................................................ 6,000.00
Extra clerical............................................................... 1,200.00
Legal counsel............................................................ 900.00
Traveling expense..................................................... 3,500.00
Supplies and incidentals.......................................... 5,000.00
Annual conference fees........................................... 1,000.00
Mansion maintenance.............................................. 14,400.00
Equipment.................................................................. 1,500.00
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor................ ............................................................................................ $3,150.00
Apportioned as follows:
Salary of the lieutenant governor........................... $2,000.00
Traveling expense..................................................... 1,000.00
Office supplies and expense................................... 150.00
Sec. 4. The Office of Secretary of State.
For the support of the office of the Secretary of State............. $45,125.00
Apportioned as follows:
Salary of the secretary of state............................... $8,400.00
Salary of the deputy secretary of state................. 6,300.00
Salary of the corporation clerk................................ 5,400.00
Salary of the chief clerk............................................ 4,900.00
Salary of stenographer............................................. 4,200.00
Salary of typist.......................................................... 4,200.00
Extra clerical............................................................... 700.00
Traveling expense..................................................... 650.00
Supplies and incidentals.......................................... 4,375.00
Election paper and expense..................................... 3,000.00
Equipment.................................................................. 3,000.00
κ1949 Statutes of Nevada, Page 186 (CHAPTER 125, SB 42)κ
Sec. 5. The Office of the Attorney General.
For the support of the office of the attorney general................ $57,900.00
Apportioned as follows:
Salary of the attorney general................................. $11,200.00
Salary of the deputy attorney general................... 8,400.00
Salary of extra deputy attorney general................ 7,200.00
Salary of special assistant attorney general......... 12,000.00
Salary of chief clerk stenographer.......................... 4,900.00
Salary of stenographer............................................. 4,200.00
Extra clerical............................................................... 500.00
Traveling expense..................................................... 1,500.00
Office supplies and equipment
(including court costs)................................ 2,500.00
Legislative fund........................................................ 5,500.00
Sec. 6. The Office of Attorney General.
For the express purpose of paying costs and expenses of prosecuting or defending impending or existing tax or other suits, no part of which shall be paid or expended for attorney fees....... $10,000.00
Sec. 7. The Office of State Controller and Insurance Commissioner.
For the support of the office of state controller and insurance commissioner...................................................................... $57,000.00
Apportioned as follows:
Salary of state controller.......................................... $8,400.00
Salary of deputy state controller............................ 6,300.00
Salary of insurance examiner................................... 5,600.00
Salary of chief clerk.................................................. 4,900.00
Salary of bookkeeper................................................ 4,900.00
Salary of deduction clerk......................................... 4,200.00
Salary of insurance clerk.......................................... 4,200.00
Salary of social security clerk................................. 4,200.00
Salary of extra clerk................................................... 4,200.00
Traveling expense..................................................... 1,000.00
Supplies and incidentals.......................................... 6,500.00
Equipment.................................................................. 2,600.00
Sec. 8. The Office of the State Treasurer.
For the support of the office of state treasurer.......................... $37,350.00
Apportioned as follows:
Salary of state treasurer........................................... $8,400.00
Salary of deputy state treasurer............................. 6,300.00
Salary of chief clerk.................................................. 4,900.00
Salary of social security clerk................................. 4,200.00
Salary of social security clerk................................. 4,200.00
Traveling expense..................................................... 500.00
Office supplies and expense................................... ........................................................... 3,000.00Insurance and protection of states cash and bonds ...................................................... $4,000.00
κ1949 Statutes of Nevada, Page 187 (CHAPTER 125, SB 42)κ
Insurance and protection of states cash and bonds ........................................................................ $4,000.00
Equipment.................................................................. 850.00
Extra clerical help...................................................... 1,000.00
Sec. 9. The Office of Inspector of Mines.
For the support of the office of inspector of mines................... $36,500.00
Apportioned as follows:
Salary of inspector of mines.................................... $8,400.00
Salary of deputy inspector of mines...................... 5,600.00
Salary of deputy inspector of mines...................... 5,600.00
Salary of clerk-stenographer................................... 4,200.00
Extra clerical............................................................... 250.00
Traveling expense..................................................... 9,000.00
Office supplies and expenses................................. 1,500.00
Equipment.................................................................. 1,950.00
Sec. 10. The Surveyor General and State Land Register.
For the support of the office of surveyor general and ex officio land register................................................................................. $21,600.00
Apportioned as follows:
Salary of surveyor general...................................... $8,400.00
Salary of deputy surveyor general......................... 6,300.00
Salary of clerk-stenographer................................... 4,200.00
Extra clerical............................................................... 200.00
Traveling expense..................................................... 500.00
Office supplies, plats and miscellaneous expense ........................................................................ 2,000.00
Sec. 11. The Surveyor General as Ex Officio State Forester Fire Warden.
For the support of the office of state forester fire warden in cooperation with the federal government and other sources................................................................................ ............................................................................... $5,000.00
Sec. 12. The State Printing Office.
For the support of the state printing office................................ .............................................................................................. $108,800.00
Apportioned as follows:
Salary of superintendent of state printing............ $8,400.00
Salaries of various employees................................ 60,500.00
Salary of clerk-stenographer................................... 4,200.00
Travel expense.......................................................... 600.00
General support (including equipment and repairs) ........................................................................ 22,700.00
Office supplies and expense................................... 400.00
Emergency fund........................................................ 12,000.00
Allocated to departments as follows:
Legislative.................................................................. ......................................................... 17,200.00University of Nevada...................................... ..................................................... $15,000.00
κ1949 Statutes of Nevada, Page 188 (CHAPTER 125, SB 42)κ
University of Nevada............................................... $15,000.00
Secretary of state...................................................... 6,750.00
Governor.................................................................... 900.00
Lieutenant Governor................................................ 50.00
Adjutant general....................................................... 500.00
State controller.......................................................... 8,775.00
State treasurer........................................................... 900.00
Surveyor general....................................................... 825.00
Attorney general....................................................... 3,375.00
Clerk of supreme court............................................. 475.00
Inspector of mines.................................................... 2,000.00
Superintendent of public instruction..................... 13,300.00
Superintendent of banks......................................... 600.00
State engineer............................................................ 3,375.00
State library................................................................ 340.00
State printing office.................................................. 135.00
Commissioner of labor............................................. 945.00
State prison................................................................ 550.00
State police................................................................ 270.00
Nevada tax commission........................................... 3,000.00
Apiary commission................................................... 75.00
Orphans home.......................................................... 200.00
Public service commission...................................... 1,400.00
Hospital for mental diseases................................... 950.00
State department of health...................................... 1,485.00
State sheep commission.......................................... 75.00
State fish and game commission............................ 900.00
State board of stock commissioners...................... 500.00
State auditor.............................................................. 200.00
Veterans service commission.................................. 75.00
State board of pharmacy.......................................... 25.00
Agricultural society (Fallon fair)............................ 400.00
Agricultural extension division.............................. 2,800.00
Supreme court judges.............................................. 75.00
State board of examiners.......................................... 2,000.00
State board of medical examiners........................... 25.00
State board of parole................................................ 175.00
Nevada school of industry...................................... 175.00
Printing statutes, journals....................................... 7,500.00
Emergency fund........................................................ 7,500.00
Traveling expenses................................................... 600.00
Mailing room............................................................. 2,400.00
Boards, Commissions, and Appointive Offices
Sec. 13. The Adjutant General and the Nevada National Guard.
For the support of the office of the adjutant general and the Nevada national guard..................................................................... $30,000.00
κ1949 Statutes of Nevada, Page 189 (CHAPTER 125, SB 42)κ
Sec. 14. The Board of Control.
For the support of the board of control...................................... $86,500.00
Apportioned as follows:
Wages of janitors, watchmen, gardeners, engineers and extra help................................................................. $46,000.00
Fuel, light and laundry............................................. 25,000.00
General upkeep of buildings and grounds............ 15,500.00
Sec. 15. The Labor Commissioner.
For the support of the office of the labor commissioner.......... $18,800.00
Apportioned as follows:
Salary of the labor commissioner........................... $3,600.00
Salary of deputy labor commissioner.................... 4,800.00
Salary of clerk-stenographer................................... 4,200.00
Traveling expense of labor commissioner............. 2,700.00
Traveling expense of deputy labor commissioner ........................................................................ 1,200.00
Office supplies and incidentals.............................. 1,900.00
Equipment.................................................................. 400.00
Sec. 16. Public Service Commission.
For the support of the public service commission.................... $45,816.00
Apportioned as follows:
Salary of chairman.................................................... $10,000.00
Salary of commissioner............................................ 5,000.00
Salary of commissioner............................................ 2,000.00
Salary of secretary.................................................... 8,400.00
Salary of assistant secretary................................... 5,016.00
Salary of clerk-stenographer................................... 4,200.00
Extra clerical............................................................... 1,500.00
Office supplies and incidentals.............................. 4,950.00
Traveling expense..................................................... 4,000.00
Equipment.................................................................. 750.00
Sec. 17. The State Engineer.
For the support of the office of the state engineer.................... $71,080.00
Apportioned as follows:
Salary of state engineer........................................... $8,000.00
Salary of assistant state engineer.......................... 8,400.00
Salary of deputy state engineer.............................. 6,900.00
Salary of office and field employees...................... 35,780.00
Traveling expense..................................................... 5,000.00
Office supplies and expenses................................. 4,000.00
Equipment.................................................................. 3,000.00
Sec. 18. United States Geological Survey and Underground Water Investigation-State Engineer.
For cooperative support in underground water studies with United States geological survey................................................... $30,000.00
κ1949 Statutes of Nevada, Page 190 (CHAPTER 125, SB 42)κ
Sec. 19. Cooperative Snow Surveys.
For the support of cooperative snow surveys under the direction of the state engineer..................................................................... $3,000.00
Sec. 20. United States Cooperative Stream Measurement.
For the support of the United States cooperative stream measurement program in cooperation with the state engineer............ $9,000.00
Sec. 21. The State Library.
For the support of the state library.............................................. $33,650.00
Apportioned as follows:
Salary of state librarian............................................ $6,600.00
Salary of assistant librarian..................................... 4,200.00
Salary of assistant librarian..................................... 4,200.00
Extra clerical............................................................... 4,200.00
Travel expense.......................................................... 200.00
Office expense and incidentals............................... 1,250.00
Purchase of supplements of Nevada Compiled Laws ........................................................................ 1,000.00
Books, magazines and general support................. 10,000.00
Binding....................................................................... 2,000.00
Sec. 22. Consolidated Offices of Superintendent of Banks and State Auditor.
For the support of the office of the superintendent of banks and state auditor.................................................................................. $42,800.00
Apportioned as follows:
Salary of superintendent of banks......................... $10,000.00
Salary of deputy superintendent of banks........... 6,900.00
Salary of deputy superintendent of banks........... 6,900.00
Salary of chief clerk.................................................. 5,800.00
Salary of stenographer............................................. 4,200.00
Traveling expense..................................................... 7,000.00
Supplies...................................................................... 1,500.00
Equipment.................................................................. 500.00
Sec. 23. Nevada Tax Commission.
For the support of the Nevada tax commission......................... $24,700.00
Apportioned as follows:
Salary of secretary, general fund portion.............. $6,000.00
Salary of five commissioners.................................. 6,000.00
Other salaries............................................................. 6,600.00
Traveling expense (including travel of commissioners) ........................................................................ 4,500.00
Office supplies and expense................................... 1,600.00
Sec. 24. Nevada Tax Commission-Valuation Division.
For the support of the office of the valuation division............. $75,000.00
κ1949 Statutes of Nevada, Page 191 (CHAPTER 125, SB 42)κ
Sec. 25. The State Parole Officer.
For the support of the office of the state parole officer............ $18,700.00
Apportioned as follows:
Salary of parole officer............................................. $7,800.00
Salary of office case worker.................................... 4,200.00
Travel expense.......................................................... 4,000.00
Supplies...................................................................... 1,600.00
Equipment.................................................................. 1,100.00
Sec. 26. Nevada State Museum.
For the support of the Nevada state museum............................ $25,000.00
Sec. 27. The Legislative Counsel.
For the support of the legislative counsel.................................. $24,000.00
Apportioned as follows:
Salary of legislative counsel................................... $9,600.00
Contract services-office........................................... 4,800.00
Contract services-field............................................. 3,000.00
Traveling expense..................................................... 2,450.00
Supplies, printing and miscellaneous.................... 3,450.00
Equipment.................................................................. 700.00
Penal and Charitable Institutions
Sec. 28. The Orphans Home.
For the support of the state orphans home............................... .............................................................................................. $175,380.00
Apportioned as follows:
Salary of superintendent......................................... $6,000.00
Salary of matron........................................................ 4,000.00
Salary of employees................................................. 51,180.00
Traveling expense..................................................... 1,000.00
Office supplies.......................................................... 200.00
General support (including medical and dental).. 96,000.00
General repairs........................................................... 6,000.00
Equipment.................................................................. 11,000.00
Sec. 29. The Nevada State Hospital for Mental Diseases.
For the support of the Nevada state hospital for mental diseases ........................................................................................... $577,794.00
Apportioned as follows:
Salary of superintendent......................................... $13,200.00
Salary of assistant superintendent........................ 8,000.00
Salary of employees................................................. 208,800.00
Traveling expenses................................................... 7,300.00
Office supplies.......................................................... 2,550.00
General support (including medical and dental services) ........................................................................ 307,944.00
Equipment.................................................................. 15,000.00
Building repairs and maintenance.......................... 15,000.00
κ1949 Statutes of Nevada, Page 192 (CHAPTER 125, SB 42)κ
Sec. 30. The Nevada State Prison.
For the support of the Nevada state prison............................... .............................................................................................. $527,255.00
Apportioned as follows:
Salary of warden....................................................... $7,200.00
Salary of all employees, including physician....... 174,865.00
Travel expense.......................................................... 500.00
General support (including discharge allowances) ........................................................................ 307,190.00
Dental services and extra medical.......................... 12,500.00
Equipment and repairs............................................. 25,000.00
Sec. 31. Transportation of Prisoners.
For the support of the Nevada state prison for transporting prisoners to Carson City, which shall include all expenses therewith, including rewards............................................................... $12,050.00
Sec. 32. Death Watch.
For the support of the Nevada state prison for death watch over condemned prisoners........................................................ $10,000.00
Sec. 33. Nevada School of Industry.
For the support of the Nevada school of industry.................... $64,806.00
Apportioned as follows:
Salary of superintendent......................................... $7,200.00
Salaries of instructors and employees................... 20,806.00
Traveling expenses................................................... 3,600.00
Medical and dental services................................... 1,000.00
Girls care................................................................... 4,400.00
General support......................................................... 20,000.00
Equipment and repairs............................................. 7,800.00
Educational Institutions
Sec. 34. Department of Education-Administrative.
For the support of the administrative duties of the department of education............................................................................. $31,800.00
Apportioned as follows:
Salary of the superintendent of public instruction ........................................................................ $8,400.00
Salary of two stenographers................................... 8,400.00
Travel expense.......................................................... 2,500.00
Office supplies and expenses................................. 7,500.00
Equipment.................................................................. 5,000.00
Sec. 35. Department of Education-Supervision.
For the support of the department of education, supervision. $8,510.00
Apportioned as follows:
Salary of office deputy............................................. $7,260.00
Traveling expense..................................................... 750.00
Supplies...................................................................... 500.00
κ1949 Statutes of Nevada, Page 193 (CHAPTER 125, SB 42)κ
Sec. 36. Department of Education-Supervision.
For the support of the department of education, supervision, to be paid from the state distributive school fund.......................... $62,500.00
Apportioned as follows:
Salaries of five district deputies............................. $39,000.00
Traveling expense-five deputies............................ 10,000.00
Office expense-five deputies................................... 13,500.00
Sec. 37. State Board of Vocational Education.
For the support of state vocational education in connection with federal aid......................................................................................... $40,000.00
Apportioned as follows:
Salaries of supervisors of vocational education and clerical aid................................................................... $21,000.00
Traveling expense..................................................... 5,000.00
Supplies...................................................................... 1,500.00
Subsidies and miscellaneous.................................. 12,000.00
Equipment.................................................................. 500.00
Sec. 38. Vocational Education-Rehabilitation Division.
For the support of vocational rehabilitation services in cooperation with the federal government..................................................... $10,000.00
Sec. 39. The Care of the Deaf, Dumb, and Blind.
For the support of the education of the deaf, dumb, and blind .............................................................................................. $15,600.00
Apportioned as follows:
Traveling expenses................................................... $600.00
Tuition and care of pupils....................................... 15,000.00
Sec. 40. Miscellaneous Educational Expenditures.
The following sum is hereby appropriated from the state distributive school fund......................................................................... $23,500.00
Apportioned as follows:
For the support of research work........................... $3,000.00
Travel expense of the state board of education... 2,000.00
School lunch program.............................................. 18,500.00
Sec. 41. Distributive School Fund.
The following sum is hereby appropriated from the general fund to be transferred to the distributive school fund as needed. ........................................................................................... $4,060,300.00
Sec. 42. State High School Fund.
The following sum is hereby appropriated from the general fund to be transferred to the state high school fund as needed to pay apportionments authorized by law.................................. .............................................................................................. $600,000.00
κ1949 Statutes of Nevada, Page 194 (CHAPTER 125, SB 42)κ
Sec. 43. University of Nevada.
For the support of the University of Nevada............................. .............................................................................................. $866,000.00
Promotion of State Resources
Sec. 44. State Quarantine Officer-Division of Plant Industry.
For the support of noxious control, agricultural seed control, standardization and grading of agricultural products and quarantine support............................................................ $35,820.00
Apportioned as follows:
Salaries of employees............................................... $24,400.00
Traveling expense..................................................... 4,050.00
Office supplies and general expense..................... 4,870.00
Equipment.................................................................. 2,500.00
Sec. 45. University of Nevada.
For the support of the public service division in addition to taxes already levied...................................................................... .............................................................................................. $163,000.00
Apportioned as follows:
University public service divisions (5).................. $93,144.00
County Extension program...................................... 69,856.00
Sec. 46. University of Nevada Retirement System.
In addition to taxes previously levied for the states share of the retirement program............................................................. $58,000.00
Sec. 47. State Agricultural Society.
For the support of the state agricultural society....................... $15,000.00
Apportioned as follows:
Salaries of watchmen, repair, and maintenance of buildings and general support..................................... $10,000.00
Improvement of Reno grounds............................... 5,000.00
Sec. 48. Nevada State Bureau of Mines.
For the support of the Nevada state bureau of mines.............. $33,000.00
Apportioned as follows:
Salaries of employees............................................... $24,300.00
Traveling expense..................................................... 4,200.00
Supplies and miscellaneous.................................... 4,100.00
Equipment.................................................................. 400.00
Sec. 49. State Fair-Fallon.
For the support of the state fair held in cooperation with the state agricultural society............................................................ $10,000.00
Apportioned as follows:
For the fiscal year ending June 30, 1950................ $5,000.00
For the fiscal year ending June 30, 1951................ ..................................................................... 5,000.00Social Security
κ1949 Statutes of Nevada, Page 195 (CHAPTER 125, SB 42)κ
Social Security
Sec. 50. State Board of Health-Division of Preventive Medical Services.
For the support of the division of preventive medical services .............................................................................................. $74,260.00
Sec. 51. Aid to the Blind.
For the payments to the needy blind in cooperation with county aid .............................................................................................. $30,000.00
Miscellaneous Expenses
Sec. 52. State Board of Health-Division of Vital Statistics.
For the support of the division of vital statistics...................... $20,260.00
Apportioned as follows:
Salaries....................................................................... $16,460.00
Traveling expense..................................................... 800.00
Supplies and miscellaneous.................................... 2,000.00
Equipment.................................................................. 1,000.00
Sec. 53. State Board of Health-Division of Public Health Engineering.
For the support of the state board of health-division of public health engineering......................................................................... $23,240.00
Apportioned as follows:
Salaries....................................................................... $15,740.00
Traveling expense..................................................... 3,500.00
Supplies and miscellaneous.................................... 3,500.00
Equipment.................................................................. 500.00
Sec. 54. State Board of Health-State Hygienic Laboratory.
For the support of the state hygienic laboratory....................... $42,040.00
Apportioned as follows:
Salaries....................................................................... $29,740.00
Traveling expense..................................................... 200.00
Supplies and miscellaneous.................................... 9,600.00
Equipment.................................................................. 2,500.00
Sec. 55. Nevada Historical Society.
For the support of the Nevada historical society...................... $23,000.00
Sec. 56. State Supreme Court.
For the support of the state supreme court................................ $86,150.00
Apportioned as follows:
Salaries of three justices.......................................... $47,250.00
Salary of clerk of supreme court............................. 8,400.00
Salary of court reporter............................................ 6,600.00
Salaries of three stenographers.............................. ................................................................. 12,600.00Salary of bailiff......................................... $600.00
κ1949 Statutes of Nevada, Page 196 (CHAPTER 125, SB 42)κ
Salary of bailiff.......................................................... $600.00
Office supplies and expense................................... 3,400.00
Equipment.................................................................. 2,000.00
Publishing Nevada reports...................................... 5,300.00
Sec. 57. District Judges-Traveling Expenses.
For traveling expenses of the district court judges to be apportioned by the state board of examiners............................................. $13,000.00
Sec. 58. Miscellaneous State Expenses.
For the support of miscellaneous expenses not otherwise classified .............................................................................................. $158,650.00
Apportioned as follows:
Refund of state taxes................................................ $500.00
State officers bond premium.................................. 6,500.00
Rewards of the governor......................................... 1,500.00
Promotion of uniform laws...................................... 350.00
State official printing................................................ 7,200.00
Industrial insurance.................................................. 17,500.00
Care of G. A. R. cemeteries...................................... 600.00
Interest on possible judgments.............................. 4,000.00
Fire insurance premiums.......................................... 35,000.00
Retirement contributions......................................... 84,000.00
State board of finance.............................................. 1,500.00
Sec. 59. Upon the written application of the officer, board, commission, or other departmental head concerned, and with the written consent of the state board of examiners, the state controller is hereby authorized to make a transfer of not to exceed 25% (twenty-five per centum) of any item hereinabove apportioned for the support of such office, board, commission, or department, to any other item or items, save and except that no such transfer shall ever be made to or from the sums appropriated specifically for salaries and for traveling expenses.
Sec. 60. All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act.
________
κ1949 Statutes of Nevada, Page 197κ
Assembly Bill No. 52Messrs. Ryan and Johnson.
CHAPTER 126
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 23, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 289 of the above-entitled act, being N. C. L. 1929, sec. 10237, is hereby amended to read as follows:
Section 289. The period of employment for all persons who are employed, occupied, or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in the extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines, underground workings, or who are employed, engaged, or occupied in other underground workings of any kind or nature, for the purpose of tunneling, making excavations, or to accomplish any other purpose or design, shall not exceed eight hours within any twenty-four hours, and the said eight hours shall include the time employed, occupied, or consumed from the time of entering the collar of the shaft or portal of the tunnel of any underground mine until returning to the surface from said underground mine, or the time employed, occupied, or consumed in leaving the surface of any tunnel, open cut or open pit workings, for the point or place of work therein, and returning thereto from said place or point of work [reaching the point of employment or place of work in any underground mine, and returning to the surface from said point or place of work, and that it is the intent and purpose of this act that the period of time between arriving at the point or place of work, at any underground working, and returning to the surface from such point of work shall not exceed eight (8) hours within any twenty-four hours] ; provided, that in cases of emergency, where life or property is in danger, the period may be prolonged during the continuance of such emergency; and provided further, that nothing in this section contained shall be deemed to prevent change in the hours of employment from one part of the day to another at stated periods, nor to prevent the employment from one part of the day to another at stated periods, nor to prevent the employment of any of the persons mentioned in this section for more than eight hours during the day in which change is made; and provided, however, that such change in the hours of employment shall not occur more than once in any two weeks.
Sec. 2. This act shall take effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 198κ
Assembly Bill No. 286Messrs. Primeaux, Humphrey, Claiborne, and Anderson.
CHAPTER 127
AN ACT making the public service commission administrative commissioner, providing for the revocation of licenses in certain cases, requiring the giving of security for payment of judgments for damages, providing for motor liability policies, providing penalties for the violation hereof, and other matters relating thereto.
[Approved March 23, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Definitions. The following words and phrases, when used in this act, shall, for the purposes of this act, have the meanings respectively ascribed to them in this article, except in those instances where the context clearly indicates a different meaning:
Sec. 1.1. Commissioner. Commissioner means the public service commission.
Sec. 1.2. License. Any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.
Sec. 1.3. Motor Vehicle. Every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles (except traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well drillers), and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.
Sec. 1.4. Nonresident. Every person who is not a resident of this state.
Sec. 1.5. Nonresident Operating Privilege. The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him in this state.
Sec. 1.6. Operator. Every person who is in actual physical control of a motor vehicle whether or not licensed as an operator or chauffeur under the laws of this state.
Sec. 1.7. Owner. A person who holds the legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this act.
Sec. 1.8. Person. Every natural person, firm, copartnership, association, or corporation.
Sec. 1.9. Registration. Registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
κ1949 Statutes of Nevada, Page 199 (CHAPTER 127, AB 286)κ
Sec. 1.10. State. Any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
ARTICLE II
Administration of Act
Sec. 2. Commissioner to Administer Act-Appeal to Court.
(a) The commissioner shall administer and enforce the provisions of this act and may make rules and regulations necessary for its administration, and shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under the provisions of article III of this act.
(b) Any person aggrieved by an order or act of the commissioner, under the provisions of article III of this act may, within ten days after notice thereof, file a petition in the district court of the county of Ormsby for a trial de novo to determine whether such order or act is lawful and reasonable. The filing of such a petition shall not suspend the order or act of the commissioner unless a stay thereof shall be allowed by a judge of said court pending final determination of the matter. The court shall summarily hear the petition and may make any appropriate order or decree.
ARTICLE III
Security Following Accident
Sec. 3. Report Required Following Accident. The operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured or in which damage to the property of any one person, including himself, in excess of $100 is sustained, shall within 10 days after such accident report the matter in writing to the commissioner; provided, however, that in the case of any operator of any motor vehicle subject to the jurisdiction of the interstate commerce commission or the public service commission of the State of Nevada, such report need not be filed until the 10th day of the month following the month in which the accident occurred. Such report, the form of which shall be prescribed by the commissioner, shall contain information to enable the commissioner to determine whether the requirements for the deposit of security under section 5 are inapplicable by reason of the existence of insurance or other exceptions specified in this act. If such operator be physically incapable of making such report, the owner of the motor vehicle involved in such accident shall, within 10 days after learning of the accident, make such report. The operator or the owner shall furnish such additional relevant information as the commissioner shall require.
Sec. 4. Security Required Unless Evidence of Insurance-When Security Determined-Suspension-Exceptions.
(a) If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $100, the commissioner does not have on file evidence satisfactory to him that the person who would otherwise be required to file security under subsection (b) of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the commissioner shall determine the amount of security which shall be sufficient in his judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.
κ1949 Statutes of Nevada, Page 200 (CHAPTER 127, AB 286)κ
subsection (b) of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the commissioner shall determine the amount of security which shall be sufficient in his judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.
(b) The commissioner shall, within 60 days after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and if such operator is a nonresident the privilege of operating a motor vehicle within this state, and if such owner is a nonresident the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the commissioner; provided, notice of such suspension shall be sent by the commissioner to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the commissioner with respect to the matters set forth in subdivisions 1, 2 or 3 of subsection (c) of this section, he shall take appropriate action as hereinbefore provided, within 60 days after receipt by him of correct information with respect to said matters.
(c) This section shall not apply under the conditions stated in section 6 nor:
1. To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;
2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;
3. To such operator or owner if the liability of such operator or owner for damages resulting from such accident is in the judgment of the commissioner, covered by any other form of liability insurance policy or bond; nor
4. To any person qualifying as a self-insurer under section 15, or to any person operating a motor vehicle for such self-insurer.
No such policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this state, except that if such motor vehicle was not registered in this state, or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this section unless the insurance company or surety company if not authorized to do business in this state shall execute a power of attorney authorizing the commissioner to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $5,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $10,000 because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $1,000 because of injury to or destruction of property of others in any one accident.
κ1949 Statutes of Nevada, Page 201 (CHAPTER 127, AB 286)κ
arising out of such accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $5,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $10,000 because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $1,000 because of injury to or destruction of property of others in any one accident.
Sec. 5. Further Exceptions to Requirement of Security.
The requirements as to security and suspension in section 4 shall not apply:
1. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
2. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
3. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, expressed or implied, or was parked by a person who had been operating such motor vehicle without such permission; nor
4. If, prior to the date that the commissioner would otherwise suspend license and registration or nonresidents operating privilege under section 5, there shall be filed with the commissioner evidence satisfactory to him that the person who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
Sec. 6. Duration of Suspension.
The license and registration and nonresidents operating privilege suspended as provided in section 4 shall remain so suspended and shall not be renewed nor shall any such license or registration be issued to any such person until:
1. Such person shall deposit or there shall be deposited on his behalf the security required under section 4; or
2. One year shall have elapsed following the date of such suspension and evidence satisfactory to the commissioner has been filed with him that during such period no action for damages arising out of the accident has been instituted; or
3. Evidence satisfactory to the commissioner has been filed with him of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with subdivision 3 of section 6; provided, however, in the event there shall be any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of such default, the commissioner shall forthwith suspend the license and registration or nonresidents operating privilege of such person defaulting which shall not be restored unless and until (1) such person deposits and thereafter maintains security as required under section 4 in such amount as the commissioner may then determine, or (2) one year shall have elapsed following the date when such security was required and during such period no action upon such agreement has been instituted in a court in this state.
κ1949 Statutes of Nevada, Page 202 (CHAPTER 127, AB 286)κ
maintains security as required under section 4 in such amount as the commissioner may then determine, or (2) one year shall have elapsed following the date when such security was required and during such period no action upon such agreement has been instituted in a court in this state.
Sec. 7. Application to Nonresidents, Unlicensed Drivers and Unregistered Motor Vehicles.
In case the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, he shall not be allowed a license or registration until he has complied with the requirements of this article to the same extent that would be necessary if, at the time of the accident, he had held a license and registration.
Sec. 8. Form and Amount of Security.
The security required under this article shall be in such form and in such amount as the commissioner may require, but in no case in excess of the limits specified in section 5 in reference to the acceptable limits of a policy or bond. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the commissioner or state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
The commissioner may reduce the amount of security ordered in any case within six months after the date of the accident if, in his judgment, the amount ordered is excessive. In case the security originally ordered has been deposited the excess deposited over the reduced amount ordered shall be returned to the depositor or his personal representative forthwith, nothwithstanding the provisions of section 9.
Sec. 9. Custody, Disposition and Return of Security.
Security deposited in compliance with the requirements of this article shall be placed by the commissioner in the custody of the state treasurer and shall be applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than one year after the date of such accident, or within one year after the date of deposit of any security under subdivision 3 of section 6 and such deposit or any balance thereof shall be returned to the depositor or his personal representative when evidence satisfactory to the commissioner has been filed with him that there has been a release from liability, or a final adjudication of nonliability, of a duly acknowledged agreement, in accordance with subdivision 4 of section 5, or whenever, after the expiration of one year (1) from the date of the accident, or (2) from the date of deposit of any security under subdivision 3 of section 6, the commissioner shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
Sec. 10. Matters Not to be Evidence in Civil Suits.
κ1949 Statutes of Nevada, Page 203 (CHAPTER 127, AB 286)κ
Neither the report required by section 3, the action taken by the commissioner pursuant to this article, the findings, if any, of the commissioner upon which such action is based, nor the security filed as provided in this article shall be referred to in anyway, nor be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.
ARTICLE IV
Violation of Provisions of Act-Penalties
Sec. 11. Transfer of Registration to Defeat Purpose of Act Prohibited. This act shall not prevent the owner of a motor vehicle, the registration of which has been suspended hereunder, from effecting a bona fide sale of such motor vehicle to another person whose rights or privileges are not suspended under this act, nor prevent the registration of such motor vehicle by such transferee. This act shall not in anywise affect the rights of any conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another as owner who becomes subject to the provisions of this act.
Sec. 12. Surrender of License and Registration. Any person whose license or registration shall have been suspended as herein provided, or whose policy of insurance or bond, when required under this act, shall have been canceled or terminated, or who shall neglect to furnish other proof upon request of the commissioner, shall immediately return his license and registration to the commissioner. If any person shall fail to return to the commissioner the license or registration to the commissioner as provided herein, the commissioner shall forthwith direct any peace officer to secure possession thereof and to return the same to the commissioner.
Sec. 13. Other Violations-Penalties. (a) Any person whose license or registration or nonresidents operating privilege has been suspended or revoked under this act and who, during such suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this act, shall be fined not more than five hundred dollars ($500) or imprisoned not exceeding six months or both.
(b) Any person willfully failing to return license or registration as required in section 12 shall be fined not more than five hundred dollars ($500) or imprisoned not to exceed thirty (30) days, or both.
(c) Any person who shall forge or, without authority, sign any notice provided for under section 5 that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who filed or offers for filing any such notice or evidence of proof, knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than one thousand ($1,000) dollars or imprisoned not more than one year, or both.
(d) Any person who shall violate any provision of this act for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than sixty days, or both.
κ1949 Statutes of Nevada, Page 204 (CHAPTER 127, AB 286)κ
ARTICLE V
General Provisions
Sec. 14. Exceptions. This act shall not apply with respect to any motor vehicle owned by the United States, this state, or any political subdivision of this state, or any municipality therein.
Sec. 15. Self-insurers. (a) Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the commissioner as provided in subsection (b) of this section.
(b) The commissioner may, in his discretion, upon the application of such a person, issue a certificate of self-insurance when he is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.
(c) Upon not less than five days notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within thirty (30) days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Sec. 16. Act Supplemental to Motor Vehicle Laws. This act shall in no respect be considered as a repeal of the state motor vehicle laws, but shall be construed as supplemental thereto.
Sec. 17. Past Application of Act. This act shall not apply with respect to any accident, or judgment arising therefrom, or violation of the motor vehicle laws of this state occurring prior to the effective date of this act.
Sec. 18. Act Not to Prevent Other Process. Nothing in this act shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
Sec. 19. Uniformity of Interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Sec. 20. Constitutionality. If any part or parts of this act shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this act.
The legislature hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts thereof would be declared unconstitutional.
Sec. 21. Title of Act. This act may be cited as the Motor Vehicle Safety-Responsibility act.
Sec. 22. Effective Date of Act. This act shall take effect the first day of September 1949.
________
κ1949 Statutes of Nevada, Page 205κ
Senate Bill No. 173Senator Baker.
CHAPTER 128
AN ACT to authorize the transfer of forty thousand dollars ($40,000) from the Clark County general hospital building and equipment fund to the Clark County general hospital fund.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The auditor of Clark County, Nevada, and the treasurer of Clark County, Nevada, are hereby authorized to transfer the sum of forty thousand dollars ($40,000) from the Clark County general hospital building and equipment fund into the Clark County general hospital fund.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
Senate Bill No. 84Committee on Public Health.
CHAPTER 129
AN ACT to amend the title of and to amend an act entitled An act authorizing unincorporated towns to acquire, construct, reconstruct, improve, better, and extend certain revenue-producing undertakings; to maintain and operate the same and to prescribe, revise, and collect rates, fees, tolls, and charges for the services, facilities, and commodities furnished thereby, and in anticipation of the collection of the revenues thereof to issue bonds payable solely from such revenues; regulating the issuance of such bonds; providing for the submission thereof to the electors of said town, and providing for their payment and for the rights of the holders thereof, and other matters necessary in the premises, approved March 22, 1937.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The titled of the above-entitled act is hereby amended to read as follows:
An act authorizing any city, unincorporated city or town [s], county, county sewer and/or water improvement district, and any sewage and/or water and/or garbage disposal district, to acquire, construct, reconstruct, improve, better and extend certain revenue-producing undertakings; to enter into contracts with industrial or mining establishments in connection therewith; to accept contributions or loans from the United States of America; to maintain and operate [the same] such revenue-producing undertakings and to prescribe, revise, and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby, and in anticipation of the collection of the revenues thereof to issue bonds payable solely from such revenues; regulating the issuance of such bonds; providing for the submission thereof to the electors of said [town] public body, and providing for [their] the payment of said bonds and for the rights of the holders thereof, and other matters necessary in the premises.
κ1949 Statutes of Nevada, Page 206 (CHAPTER 129, SB 84)κ
body, and providing for [their] the payment of said bonds and for the rights of the holders thereof, and other matters necessary in the premises.
Sec. 2. Section 1 of the above-entitled act, being section 1397.01, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 1. That this act may be cited as the [Revenue Bond Law of Unincorporated Towns] Water and Sewer Revenue Bond Law.
Sec. 3. Section 2 of the above-entitled act, being section 1397.02, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 2. That wherever used in this act unless a different meaning clearly appears from the context:
(a) The term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment.
(b) The term municipality shall mean any [unincorporated town;] city, unincorporated city or town, county, county sewer and/or water improvement district, or any sewage and/or water and/or garbage disposal district;
(c) The term governing body shall mean the [board] commission or other local legislative body, by whatever names known having charge of the government and affairs of a municipality or authorized to borrow money on behalf of a municipality.
Sec. 4. Section 3 of the above-entitled act, being section 1397.03, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 3. (a) In addition to the powers which it may now have, any municipality shall, subject to the limitation stated in subsection (b) of this section, have power under this act:
[(a)] 1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the municipality, or partially within and partially without the municipality, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
[(b)] 2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the municipality;
[(c)] 3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
κ1949 Statutes of Nevada, Page 207 (CHAPTER 129, SB 84)κ
undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
[(d)] 4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension thereto thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities, and properties of the undertaking so improved, bettered, or extended) or of any part of such undertaking; [and]
5. When determined by its governing body to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the municipality of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment;
6. And notwithstanding any provision of this act to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
[(e)] 7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the municipality is created thereby; and provided, no property of the municipality is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the municipality is thereby incurred in any manner for any purpose.
Sec. 5. Section 5 of the above-entitled act, being section 1397.05, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 5. Revenue bonds issued under this act shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond [twenty] forty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide.
κ1949 Statutes of Nevada, Page 208 (CHAPTER 129, SB 84)κ
conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the municipality, and in a financial newspaper published in Chicago, Illinois, or San Francisco, California. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to this act. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The governing body may also provide in the ordinance or resolution authorizing the issuance of bonds under this act that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
Sec. 6. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 155Senator Baker.
CHAPTER 130
AN ACT to amend an act entitled An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire, and construct the necessary works to carry out the provisions of this act; to authorize a tax levy for the payment of obligations during the organizational period, and to provide for the issuance of district bonds to be paid solely from the operating revenues of such district, approved March 27, 1947.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act is hereby amended to read as follows:
An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; [to authorize a tax levy for the payment of obligations during the organizational period, and to provide for the issuance of district bonds to be paid solely from the operating revenues of such district] to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto.
κ1949 Statutes of Nevada, Page 209 (CHAPTER 130, SB 155)κ
for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; [to authorize a tax levy for the payment of obligations during the organizational period, and to provide for the issuance of district bonds to be paid solely from the operating revenues of such district] to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto.
Sec. 2. Section 6 of the above-entitled act is hereby amended to read as follows:
Section 6. Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and may, at least four weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrar shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable, and shall be at their places of registration to receive applications for registration from 9 oclock a. m. until 9 oclock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title or real property within the boundaries of the Las Vegas valley water district, and such holding is for all purposes and not simply for this election or matters connected therewith.
κ1949 Statutes of Nevada, Page 210 (CHAPTER 130, SB 155)κ
[The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of twenty-one years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein, and is the holder of real property within the boundaries of Las Vegas valley water district.] No election for any purpose except for organization shall be held in such water district without such registration, and only electors duly registered shall be entitled to vote thereat; provided, however, that if an elector has voted at the last preceding district election, whether special or general, and is still eligible, he shall not be required to reregister in order to vote at the next succeeding election, but before he shall be permitted to vote at such election, if he shall not have reregistered therefor, he shall be required to take and subscribe the registration oath before the board of election, on a form provided by the district, as evidence of his continued eligibility.
In all pollbooks and lists of registered electors prepared for any election hereunder, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election, but who have not so registered or reregistered, by the letter R enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the former and the omission thereof in connection with the names of the latter. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, any member of an election board, or any officer authorized by law to administer oaths. All oaths taken before the election board shall be by them preserved and returned with the ballots.
Sec. 3. Section 16 of the above-entitled act is hereby amended to read as follows:
Section 16. [The district is authorized from time to time to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, which bonds shall be authorized by resolution of the governing body and shall be payable solely from the income and revenues to be derived from the operation of its works or properties, as hereinafter provided. These bonds shall not constitute an indebtedness or pledge of the general credit of the district and shall contain a recital to that effect, and such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution authorizing the issuance thereof.] Whenever the district proposes to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, the board shall by resolution, determine the amount of money necessary to be raised to accomplish such purposes, and shall immediately thereafter submit its proposal for a bond issue of such amount at a special election of the district, called for that purpose, to the electors of the district possessing the qualifications prescribed by this act.
κ1949 Statutes of Nevada, Page 211 (CHAPTER 130, SB 155)κ
the amount of money necessary to be raised to accomplish such purposes, and shall immediately thereafter submit its proposal for a bond issue of such amount at a special election of the district, called for that purpose, to the electors of the district possessing the qualifications prescribed by this act. Notice of such election must be given by posting notices thereof in three public places in each election precinct in the district not less than fifteen (15) nor more than twenty (20) days before the date of election, and the publication thereof for three weeks in some newspaper published in Clark County. Such notice shall specify the time of holding the election, the amount of bonds proposed to be issued, the maximum interest rate and maximum maturity of such bonds, and shall state in substance the purpose for which the money so raised shall be used. Said election must be held and the results thereof determined and declared in all respects in conformity with the provisions of this act governing the election of officers, and no informalities in conducting such an election shall invalidate the same if it shall have been otherwise fairly conducted. At such election the ballot shall contain the words ............................(Question) Yes, or ............................(Question) No, or words equivalent thereto. If a majority of the votes cast are Yes, the board of directors shall be authorized to incur the expense and indebtedness for the purpose stated in the proposal voted upon, and shall cause bonds to be issued in the amount authorized to be issued, as hereinafter provided. If a majority of the votes cast at such bond elections are No, the result of such election shall be so declared and entered on record. Thereafter, whenever said board in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, shall be submitted to the electors it shall so declare on record in its minutes, and may thereupon submit such question to said electors in the same manner and with like effect as at such previous election, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected.
It the bonds shall be authorized to be issued at such election, they shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due, and to establish such reserves for contingencies as may be provided in the resolution adopting the proposal to be submitted at any bond election. The governing body of the district shall in each year in due season prior to the time when county taxes are levied by the board of county commissioners determine the amount of taxes which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any bond issues and prior to the date on which the board of commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of said board the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year.
κ1949 Statutes of Nevada, Page 212 (CHAPTER 130, SB 155)κ
any bond issues and prior to the date on which the board of commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of said board the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Said tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any one year by the district and the political subdivisions which overlap it should exceed fifty mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article X of the constitution of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of principal of and interest on any bonds of the district which may have been issued with the pledge of the full faith, credit and resources of the district, and where bonds have so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of chapter 233, Statutes of Nevada 1947, and the provisions of said chapter shall be applicable to said district.
Such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution adopting the proposal to be submitted at any bond election. The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding six percent per annum, shall mature serially or otherwise in such manner as may be provided by the governing body, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Nevada as may be provided by the governing body, and in the discretion of the governing body may be made redeemable at the option of the district prior to maturity at such premium or premiums not greater than one hundred [three] five percent of the principal amount thereof as the governing body may determine. The bonds shall be signed by the president and attested by the secretary of the district under the official seal of the district in such manner as may be provided [in the resolution authorizing their issuance.] by resolution of the board. Interest coupons to be attached to the bonds may be executed with the facsimile signatures of such officers, and in the event any officer whose signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes.
κ1949 Statutes of Nevada, Page 213 (CHAPTER 130, SB 155)κ
signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the governing body may determine at public or private sale for such prices as the governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than six percent per annum computed to average maturity according to standard tables of bond values. The bonds may be issued in an amount sufficient to include the payment of all incidental costs incurred in connection with the organization of the district and with the construction, acquisition, extension or improvement of the works or properties and the authorization and issuance of the bonds, including, but without limitation, engineering and legal fees, fiscal agents expenses and payment of interest on the bonds of the district during the period of the construction of the works or properties and for six months thereafter. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds. Bonds issued hereunder [shall] may be either payable from and secured by a pledge of the gross or net revenues derived from the operation of the works or properties constructed, acquired, extended or improved with the proceeds thereof [subject only to the prior payment of the reasonable and necessary expenses of operating and maintaining such works or properties. If more than one series of bonds shall be issued hereunder payable from the revenues of any works or properties, priority of lien on such works or properties and the revenues thereof shall depend on the time of the delivery of such bonds, such series enjoying alien prior and superior to that enjoyed by any series of bonds subsequently delivered; provided, however, that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the governing body may in the proceedings authorizing the issuance of said bonds provided that all of the bonds of such series or issue shall coequal as to lien regardless of the time of delivery.] or may be issued payable in part from such revenues and in part from the proceeds of taxes as above provided. All bonds issued under the provisions of this act shall constitute negotiable instruments within the meaning of the negotiable instruments law as that law is now or may hereinafter be in force in the State of Nevada. [Any resolution authorizing the issuance of bonds hereunder] The board by resolution shall provide for the creation of a sinking fund into which shall be paid [from the revenues of the works or properties, subject only to prior payment of the reasonable and necessary expenses of operating and maintaining the works or properties] sums fully sufficient to pay principal of and interest on such bonds and to create such reserve for contingencies as may be provided in such resolution. Moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in said resolution. Such sinking fund and any reserve or contingency fund, or both, for which provision may be made by resolution may be kept on deposit in any bank or banks within or without the state which may be designated in such resolution.
κ1949 Statutes of Nevada, Page 214 (CHAPTER 130, SB 155)κ
which provision may be made by resolution may be kept on deposit in any bank or banks within or without the state which may be designated in such resolution. The board may by resolution [authorizing such bonds may contain] make such covenants with the future holder or holders of the bonds as to the management and operation of the works or properties, the imposition and collection of rates and charges for the products or services furnished thereby, the disposition of such rates and revenues, the issuance of future bonds and the creation of future liens and encumbrances against said works or properties and the revenues thereof, the carrying of insurance on the properties constituting such works, the disposition of the proceeds of any such insurance, and other pertinent matters as may be deemed necessary by the governing body to assure the marketability of such bonds; provided, such covenants are not inconsistent with the provisions of this act. When any district shall issue bonds hereunder and shall have pledged the revenues of any works or properties for the payment thereof as herein provided, such district shall impose and collect rates and charges for the products and services furnished by such works or properties in such amounts and at such rates as shall be fully sufficient at all times to pay the expenses of operating and maintaining such works or properties, provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due, [provides] provide such reasonable fund for contingencies as may be required by the resolution authorizing bonds and provide an adequate depreciation fund for such repairs, extensions and improvements to the works or properties as may be necessary to assure adequate and efficient service to the public. No board or commission other than the governing body of the district and the public service commission of the State of Nevada shall have authority to fix or supervise the making of such rates and charges. The governing body of any district which shall have issued bonds payable from revenues under the provisions of this law may [authorize] submit to the electors of the district a proposal for the issuance of bonds for the purpose of refunding such outstanding bonds. Such refunding bonds may either be sold and the proceeds applied to the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the governing body in [authorizing] adopting by resolution the proposal to be submitted at any bond election for the refunding bonds shall provide for the security of such bonds and the source from which such bonds are to be paid and for the rights of the holders thereof in all respects as herein authorized to be provided for other bonds issued under authority of this act. The governing body may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.
Sec. 3.1. Section 18 of the above-entitled act, being section 18 of chapter 167, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 215 (CHAPTER 130, SB 155)κ
Section 18. [That Clark County] The board of county commissioners of Clark County shall advance such funds to such district as may be necessary to pay the preliminary organization, administration, and engineering costs thereof, including bond elections as provided in section 16 of this act, [in] on such terms of repayment as may be agreed upon, and said county is hereby authorized to declare an emergency and secure necessary funds in the manner now provided by law authorizing short-term loans.
Sec. 4. Section 19 of the above-entitled act is hereby amended to read as follows:
Section 19. [That this act is complete in itself and shall be controlling. The provisions of any other law, general, special or local, except as provided in this act, shall not apply to a district incorporated under this act.] This act shall in itself constitute complete authority for the doing of the things herein authorized to be done. The provisions of no other law, either general or local, except as provided in this act, shall apply to doing of the things herein authorized to be done, and no board, agency, bureau or official, other than the governing body of the district and the public service commission of the State of Nevada, shall have any authority or jurisdiction over the doing of any of the acts herein authorized to be done nor shall any proceedings, nor publication, notice of election be required for the doing of such acts except as herein specifically required. There is hereby granted to said district the right to own and operate its water distribution system within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the district, and no franchise tax shall be payable for such privilege, but it shall be the duty of the district to install and operate its properties and facilities within the boundaries of such municipal corporation in such manner as to cause a minimum of inconvenience, and it shall further be the duty of the district, where such facilities are installed in the public streets and alleys of any such municipal corporation, to restore the surface of such streets and alleys to as good condition as they were in prior to such installation. Since the water district, for the creation of which provision is herein made, is created for the purpose of supplying its inhabitants with water as a public and municipal function, all property of the district shall be exempt from taxes by the State of Nevada and the political subdivision thereof, and the bonds issued by the district and the income therefrom shall also be exempt from taxation in this state.
Said district and the Colorado river commission are hereby authorized to enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act, and any such agreement or agreements may specifically, but without limitation, grant to said district the right to take from the Colorado river all water not heretofore otherwise appropriated to which the State of Nevada may be entitled and to purchase from the Colorado river commission all or any part of the water of the Colorado river which is under the judisdiction of said commission and which has not heretofore been allocated to or appropriated by other users.
κ1949 Statutes of Nevada, Page 216 (CHAPTER 130, SB 155)κ
said commission and which has not heretofore been allocated to or appropriated by other users.
Sec. 5. Section 20 of the above-entitled act is hereby amended to read as follows:
Section 20. That the power of eminent domain herein granted may be exercised in the manner provided by Nevada Compiled Laws 1929, sections 9153 to 9176, inclusive, as amended or supplemented, or any law hereafter enacted for that purpose. Such power of eminent domain is hereby specifically made to include the right to condemn for the purposes of the district any existing water system and the franchise thereof, whether or not such existing water system may lie, in whole or in part, within the boundaries of any municipal corporation; provided, that the power of eminent domain herein specified shall not include the right to condemn any existing water system or the franchise thereof which is owned, operated, or controlled by any incorporated city within said district. Where condemnation proceedings for the condemnation of an existing water system are brought, the court, jury, commissioners, or referee hearing testimony on damages under the provisions of section 9163, Nevada Compiled Laws 1929, shall take into consideration in determining the amount of damages, the value of the franchise and good will of such existing utility, and for the purpose of determining the amount of such damages, may require that there be presented evidence from duly qualified experts in the management and operation of utility properties. Where an existing water system is so condemned, the district shall be entitled to take possession thereof upon the entry of judgment regardless of the fact that an appeal may be pending, but in such event the district shall be required to pay into court the full amount of the judgment, together with such further reasonable sum as may be required by the court to pay any further damages and costs that may be recovered in said proceedings as all damages that may be sustained by the defendant if for any cause the property shall not be finally taken by the district.
Sec. 6. The above-entitled act is further amended by adding thereto a new section to be known as section 23, and to read as follows:
Section 23. That all proceedings heretofore had in connection with the creation of the Las Vegas valley water district and in the organization of its board of directors, including specifically the petition filed for the creation of the district, the order entered by the board of county commissioners of Clark County, Nevada, on August 30, 1948, creating said district, the election held therein on October 19, 1948, at which such creation was approved by the voters, the proceedings had by the board of county commissioners on November 3, 1948, canvassing such election results and confirming the creation of such district, and the proceedings had by the board of directors of such district on November 4, 1948, organizing as the governing body of the district are, despite any irregularities which may have occurred therein and despite any failure which may have occurred to comply with pertinent statutory provisions, hereby legalized, ratified, validated and confirmed, and the Las Vegas valley water district is hereby declared to be validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, with the following boundaries: Beginning at the NW corner of section 6, township 19 south, range 60 east; thence running south 9 miles to the SW corner of section 18, township 20 south, range 60 east; thence east 3 miles to the SW corner of section 15, township 20 south, range 60 east; thence south 3 miles to the SW corner of section 34, township 20 south, range 60 east; thence westerly along the fifth standard parallel south to the NW corner of section 3, township 21 south, range 60 east; thence 60 east; thence south 9 miles to the SW corner of section 15, township 22 south, range 60 east; thence east 15 miles to the SE corner of section 13, township 22 south, range 62 east; thence south 1 mile to the SW corner of section 19, township 22 south, range 63 east; thence east 2 miles to the SE corner of section 20, township 22 south, range 63 east; thence north 4 miles to the NE corner of section 5, township 22 south, range 63 east; thence east 1 mile to the SE corner of section 33, township 21 south, range 63 east; thence north 2 miles to the NE corner of section 28, township 21 south, range 63 east; thence west 4 miles to the SE corner of section 23, township 21 south, range 62 east; thence north 4 miles to the NE corner of section 2, township 21 south, range 62 east; thence east along the fifth standard parallel south to the SE corner of section 35, township 20 south, range 62 east; thence north 9 miles to the NE corner of section 23, township 19 south, range 62 east; thence west 11 miles to the SE corner of section 13, township 19 south, range 60 east; thence north 3 miles to the NE corner of section 1, being also the NE corner of township 19 south, range 60 east; thence west 6 miles to the place of beginning, the NW corner of township 19 south, range 60 east.
κ1949 Statutes of Nevada, Page 217 (CHAPTER 130, SB 155)κ
to be validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, with the following boundaries: Beginning at the NW corner of section 6, township 19 south, range 60 east; thence running south 9 miles to the SW corner of section 18, township 20 south, range 60 east; thence east 3 miles to the SW corner of section 15, township 20 south, range 60 east; thence south 3 miles to the SW corner of section 34, township 20 south, range 60 east; thence westerly along the fifth standard parallel south to the NW corner of section 3, township 21 south, range 60 east; thence 60 east; thence south 9 miles to the SW corner of section 15, township 22 south, range 60 east; thence east 15 miles to the SE corner of section 13, township 22 south, range 62 east; thence south 1 mile to the SW corner of section 19, township 22 south, range 63 east; thence east 2 miles to the SE corner of section 20, township 22 south, range 63 east; thence north 4 miles to the NE corner of section 5, township 22 south, range 63 east; thence east 1 mile to the SE corner of section 33, township 21 south, range 63 east; thence north 2 miles to the NE corner of section 28, township 21 south, range 63 east; thence west 4 miles to the SE corner of section 23, township 21 south, range 62 east; thence north 4 miles to the NE corner of section 2, township 21 south, range 62 east; thence east along the fifth standard parallel south to the SE corner of section 35, township 20 south, range 62 east; thence north 9 miles to the NE corner of section 23, township 19 south, range 62 east; thence west 11 miles to the SE corner of section 13, township 19 south, range 60 east; thence north 3 miles to the NE corner of section 1, being also the NE corner of township 19 south, range 60 east; thence west 6 miles to the place of beginning, the NW corner of township 19 south, range 60 east.
The above description includes all of township 19 south, range 60 east, sections 1-18, 22-27, and 34-36, inclusive, of township 20 south, range 60 east; sections 1-3, 10-15, 22-27, and 34-36, inclusive, of township 21 south, range 60 east; sections 1-3 and 10-15, inclusive, of township 22 south, range 60 east; sections 19-36, inclusive, township 19 south, range 61 east; all of township 20 south, range 61 east; all of township 21 south, range 61 east; and sections 1-18, inclusive, township 22 south, range 61 east; sections 19-23 and 26-35, inclusive, township 19 south, range 62 east; sections 2-11, 14-23, and 26-35, inclusive, township 20 south, range 62 east; sections 2-11, 14-23, and 25-36, inclusive, township 21 south, range 62 east; sections 1-18, inclusive, township 22 south, range 62 east; sections 28-33, inclusive, of township 21 south, range 63 east; sections 5-8 and 17-20, inclusive, of township 22 south, range 63 east; and the governing body thereof is hereby declared to be a board of directors consisting of Harry Miller, president, Thomas Campbell, vice president, Spencer Butterfield, secretary-treasurer, Victor Shurtliff, member, E. O. Underhill, member, James Cashman, member, John Bunch, member, as so created, and under said board of directors and the successors thereto elected as provided in chapter 167 aforesaid, said district is hereby authorized to carry out all of the powers imposed in it by the provisions of chapter 167 aforesaid as it now exists and as it may hereafter be amended.
κ1949 Statutes of Nevada, Page 218 (CHAPTER 130, SB 155)κ
Sec. 7. The above-entitled act is further amended by adding thereto a new section to be known as section 24, and to read as follows:
Section 24. That if any provision or provisions of this act or the application of such provision or provisions to any person, body or circumstance shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any purpose, the remaining provisions of this act and the application thereof to persons, bodies or circumstances other than those as to which it shall have been held to be invalid or ineffective shall not be affected thereby.
Sec. 8. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 242Clark County Delegation.
CHAPTER 131
AN ACT to amend an act entitled An act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith, approved March 5, 1947.
[Approved March 24, 1949]
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 chapter 29, page 34, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 1. From and after [April 1, 1947,] March 1, 1949, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered:
The sheriff of Clark County shall receive a salary of forty-two hundred ($4,200) dollars per annum.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall also receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Clark or the State of Nevada are parties thereto. He shall also be allowed to appoint a chief deputy who shall receive a salary to be fixed by the board of county commissioners, but in no event to exceed [thirty-six hundred ($3,600)] four thousand ($4,000) dollars per annum.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of [forty-two hundred ($4,200)] four thousand five hundred ($4,500) dollars per annum [.] , for services rendered as county clerk, and in addition thereto shall receive a salary of six hundred ($600) dollars per annum for services rendered as ex officio clerk of the district court and of the board of county commissioners.
The county assessor shall receive a salary of [thirty-six hundred ($3,600)] four thousand two hundred ($4,200) dollars per annum.
κ1949 Statutes of Nevada, Page 219 (CHAPTER 131, AB 242)κ
($3,600)] four thousand two hundred ($4,200) dollars per annum.
The district attorney shall receive a salary of [forty-two hundred ($4,200)] five thousand two hundred ($5,200) dollars per annum.
The county treasurer shall receive a salary of [thirty-six hundred ($3,600)] four thousand eight hundred ($4,800) dollars per annum.
The county recorder and auditor shall receive a salary of [forty-two hundred ($4,200)] four thousand eight hundred ($4,800) dollars per annum.
The chairman of the board of county commissioners shall receive a salary of [twenty-four hundred ($2,400)] one thousand eight hundred ($1,800) dollars per annum, and the other members shall receive a salary of [eighteen hundred] one thousand eight hundred ($1,800) dollars per annum. Each commissioner shall be entitled to traveling expenses in the sum of ten cents per mile in traveling to and from the commissioners meetings. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
Sec. 2. Section 2 of the above-entitled act, being chapter 29, page 34, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 2. The county recorder and auditor, the county clerk and ex officio clerk of the district court, the county assessor, and the county treasurer may each appoint a chief deputy at a salary to be fixed by the board of county commissioners, but in no event to exceed [thirty-six hundred ($3,600)] four thousand ($4,000) dollars per annum.
Sec. 3. Section 3 of the above-entitled act, being chapter 29, page 35, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 3. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed [thirty-six hundred ($3,600)] four thousand ($4,000) dollars per annum. The district attorney shall also be allowed to employ, subject to the approval of the board of county commissioners, a secretary at a salary to be fixed by the board of county commissioners, but in no event to exceed [three thousand ($3,000)] four thousand ($4,000) dollars per annum, and shall also be allowed to employ such other clerical help as the work in his office may justify, the compensation of such additional clerical help to be fixed by the board of county commissioners.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall become effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 220κ
Assembly Bill No. 346Clark County Delegation.
CHAPTER 132
AN 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.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of chapter I of the above-entitled act is hereby amended to read as follows:
Section 1. Creation of Municipality. All persons, inhabitants of that portion of Clark County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of The City of Las Vegas, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, land, tenements, and property included in [the] sections 26 to 35, inclusive, township 20 south, range 61 east, Mount Diablo base and meridian; [and] sections 2 to 5, inclusive, in township 21 south, range 61 east, Mount Diablo base and meridian; the south half (S 1/2) of the southwest quarter (SW 1/4) of section 22, township 20 south, range 61 east, Mount Diablo base and meridian; that portion of section 36, township 20 south, range 61 east, Mount Diablo base and meridian, described as follows:
From a point on the easterly boundary of Sunrise Park Tract No. 1 as recorded in book 2 of plats, page 2 Clark County Records, said point lying N. 0°27′45″ E. a distance of 750.00 feet from a certain concrete monument denoting the center line intersection of Sunrise street and Second street in said subdivision; thence N. 89°32′30″ W. a distance of 30.00 feet to the true point of beginning; thence N. 0°27′45″ E. a distance of 500.00 feet to a point; thence N. 89°32′00″ W. a distance of 527.65 feet to a point, thence S. 2°22′15″ W. a distance of 500.34 feet to a point, thence S. 89°32′30″ E. a distance of 544.31 feet to the point of beginning, containing 6.15 acres, more or less; and, also, such other and additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges, and obligations as are hereinafter set out and prescribed.
Sec. 2. Section 2 of chapter I of the above-entitled act, as amended by chapter 179, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 2. The Annexation of Adjacent Territory-Manner of Procedure of. Territory adjoining and contiguous to the corporate limits of the city of Las Vegas may be annexed to said city with the tenements, property, and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the [property owners] freeholders of the [district] territory proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that when the board of commissioners of the city of Las Vegas deems it necessary to annex additional territory [of] to the [said] city of Las Vegas, and the [inhabitants] freeholders of said territory have not petitioned for annexation, [that] the [said] board of commissioners shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders [residing] therein, and the residents of said city; said notice to be published twice each week for a period of two weeks in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said [district] territory to be annexed, and to be mailed to all known freeholders [in] of said [district] territory sought to be annexed, citing them to appear in person, or by [furnishing] filing their properly [executed] signed petition [signed by a majority of the freeholders living in said territory] with the city clerk of said city, on the date named, and show cause why said [land] territory should not be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders [residing] in said territory sought to be annexed [do not protest] consent, said board of commissioners shall pass an ordinance declaring said [property] territory to be annexed to, and be a part of said city of Las Vegas, and shall order a plat showing the territory to be recorded in the office of the [county] recorder of the county of Clark.
κ1949 Statutes of Nevada, Page 221 (CHAPTER 132, AB 346)κ
nance declaring said territory to be annexed; provided, that the majority of the [property owners] freeholders of the [district] territory proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that when the board of commissioners of the city of Las Vegas deems it necessary to annex additional territory [of] to the [said] city of Las Vegas, and the [inhabitants] freeholders of said territory have not petitioned for annexation, [that] the [said] board of commissioners shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders [residing] therein, and the residents of said city; said notice to be published twice each week for a period of two weeks in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said [district] territory to be annexed, and to be mailed to all known freeholders [in] of said [district] territory sought to be annexed, citing them to appear in person, or by [furnishing] filing their properly [executed] signed petition [signed by a majority of the freeholders living in said territory] with the city clerk of said city, on the date named, and show cause why said [land] territory should not be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders [residing] in said territory sought to be annexed [do not protest] consent, said board of commissioners shall pass an ordinance declaring said [property] territory to be annexed to, and be a part of said city of Las Vegas, and shall order a plat showing the territory to be recorded in the office of the [county] recorder of the county of Clark. [, said] Said territory shall then be a part of the said city of Las Vegas and subject to all the taxes and laws thereof. [; and provided further, that no] No change in the boundaries of the city shall be made within one hundred twenty (120) days next preceding any general city election, and in no event oftener than every two years.
When used in this section the term freeholder shall be liberally construed so as to include a corporation, company, association or partnership, as well as individuals, and any act required of or allowed by a freeholder may be done by an officer or agent of such corporation, company, association or partnership.
Sec. 3. Section 2 of chapter II of the above-entitled act, as amended by chapter 155, Statutes of Nevada 1939, is hereby further amended to read as follows:
Section 2. Officers-Elective. From and after the first Monday in June 1949, the elective officers of the city of Las Vegas shall consist of a mayor, four commissioners, a city clerk, a city attorney, and a judge of the municipal court.
Sec. 4. Section 3 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 222 (CHAPTER 132, AB 346)κ
Section 3. Officer, Election of-Election, When and How Held; Commissioners Classes of Ballot. After said election, as above provided for, and on the first Tuesday after the first Monday in May 1913, and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas, at a general election to be held for that purpose, a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years, and until their successors shall have been elected and qualified.
On the first Tuesday after the first Monday in May 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, a mayor who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years, and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years, and until their successors are elected and qualified.
On the first Tuesday after the first Monday in May 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years, and until their successors are elected and qualified.
At said general election to be held in May 1929, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city, a city clerk, who shall be elected and hold office for a period of four years, and until his successor is elected and qualified. On the first Tuesday after the first Monday in May 1939, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city a judge of the municipal court who shall be elected and hold office for a period of two years and until his successor is elected and qualified. On the first Tuesday after the first Monday in May 1945, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, a city attorney, who shall be elected and hold office for a period of two years and until his successor is elected and qualified.
The board of commissioners of said city shall, not later than the first Tuesday in March of each year in which said general city election is to be held, order such general election, and shall determine the places in said city for holding the same, the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the state of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure of the part of the general laws of the state to provide for some feature of said city election, then the board of commissioners of said city shall have the power to provide for such deficiency.
κ1949 Statutes of Nevada, Page 223 (CHAPTER 132, AB 346)κ
Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure of the part of the general laws of the state to provide for some feature of said city election, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designed on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of class to which he desires to became a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class. Each person desiring to become a candidate for commissioner as aforesaid, shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.
Sec. 5. Section 5 of chapter II of the above-entitled act, as amended by chapter 99, Statutes of Nevada 1947, is hereby further amended to read as follows:
Section 5. Officers, Appointive and Ex Officio, Enumeration of-Compensation-Bonds. The [county treasurer and ex officio tax collector of the county of Clark shall be an ex officio treasurer and tax receiver of the city of Las Vegas; the] county assessor of the county of Clark shall be an ex officio assessor of the city of Las Vegas; [the city clerk of the city of Las Vegas shall be ex officio license fee collector and ex officio garbage removal and disposal fee collector of said city;] and [the board of commissioners shall allow each of] said officer [s] shall be allowed such deputies, assistants, or clerks, as the board of commissioners, in their judgement, [the volume of work in each of said offices may require;] may prescribe; such deputies, assistants, or clerks to receive such compensation as may be fixed from time to time by said board. [of city commissioners.] The [county treasurer, as ex officio tax receiver of the city of Las Vegas, and the] county assessor of the county of Clark, as ex officio assessor of the city of Las Vegas, shall [each] receive as compensation, fifty dollars ($50) per month. The [county treasurer and] county assessor of the county of Clark shall be liable on [their] his official bonds for the faithful discharge of the duties imposed on [them] him by this act.
From and after the first Monday in June 1949, the appointive officers of the City of Las Vegas shall consist of a city manager, a city treasurer, a city engineer, a comptroller, a chief of police, and a fire chief, and five civil service trustees. The board of commissioners may from time to time establish by ordinance, resolution or order such additional appointive offices as in their judgement they deem advisable. The compensation of the appointive officers shall be fixed, allowed, and paid by the board of commissioners out of such city funds as the board may designate. Any [one] two or more of such appointive [officers] offices may, in the discretion of the city manager, be combined and the duties thereof be discharged by one person. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect by their regularly appointed deputies.
κ1949 Statutes of Nevada, Page 224 (CHAPTER 132, AB 346)κ
the same manner and with like effect by their regularly appointed deputies.
Sec. 6. Section 5 1/2 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby further amended to read as follows:
Section 5 1/2. City Engineer-Duties of. [The board of city commissioners may create the office of city engineer. The city engineer shall be appointed by the city manager subject to ratification by the board of city commissioners, and shall receive such compensation as may be fixed by said board.] The city engineer shall perform all the engineering and surveying required by the city, in the carrying on of any public works and improvements, and prepare all estimates, plans and specifications of any public improvements or sidewalks. All maps, plats, profiles, field notes, estimates, and other memoranda of surveys and other professional work made or done by him or under his direction or control shall be and continue to be the property of the city. He shall keep a book in which he shall record each and every item of expense, cost or indebtedness incurred in the making of any public improvement or laying of sidewalks, so that the actual cost of said work may at any time be ascertained, and the said book shall be open to inspection by any person interested in the said improvement at all reasonable hours. The city engineers office shall be an office of record for all maps, plans, plats, profiles, drawings, dedications, final estimates, specifications and contracts which in anyway relate to the affairs of the city. The city engineer shall be custodian of and must keep all the drawings and documents above mentioned on file, properly indexed, and his office shall be supplied with necessary books, cases and supplies for recording and filing as herein required. The city engineer shall be provided with a seal by the city for his use, containing the words City of Las Vegas, Nevada, Engineering Department, and said real seal shall be affixed to every certification or approval by him. He shall keep all documents and records filed in his office in good condition and turn the same over to his successor in office. Copies of all documents, maps, files, estimates, plans, profiles, drawings, specifications, dedications, and all other records filed in the office of the city engineer, when properly authenticated or certified by the city engineer, shall be admitted as evidence in all courts of law, the same as documents of any other office of record. The city engineer may be required to perform the duties of superintendent of streets, superintendent of public works and building inspector. [; and shall perform such other and further duties as the board of commissioners may require or which shall be prescribed by ordinance. Said city engineer may be allowed such deputies, assistants, or clerks, as in the judgment of the board of commissioners may be necessary; such deputies, assistants, or clerks to be paid such compensation as may be fixed by said board of commissioners.] As street superintendent the city engineer shall see that all laws, ordinances, rules, and regulations concerning the public streets, highways, alleys, and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced.
κ1949 Statutes of Nevada, Page 225 (CHAPTER 132, AB 346)κ
enforced. He shall superintend the sweeping, cleaning, and sprinkling of streets, the cleaning and flushing of sewers, and have general care of the streets, alleys, and highways of the city, and from time to time make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations and ordinances pertaining to the streets, alleys, highways, roads, and sidewalks in the city, and to receive, investigate, and act on all complaints concerning the same. He shall inspect all street improvements or sidewalk improvement works carried on by the city or individuals, and shall have the power to approve, reject, change, or alter therein or the manner of the construction thereof. He shall report to the board of commissioners from time to time and whenever required, and shall perform such other and further duties as may be required by the board of commissioners or which may be prescribed by ordinance.
Sec. 7. Section 5 3/4 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby further amended to read as follows:
Section 5 3/4. [The chief of police and fire chief of the city of Las Vegas shall be appointed by the city manager and said appointment shall be subject to ratification by the city commission. The salary of the chief of police shall be set by the city commission in a sum not to exceed $4,800 per annum, and the salary of the fire chief shall be set by the city commission in a sum not to exceed $4,200.]
There is hereby created a department of civil service of the city applicable to and governing the employees of the police and fire departments of the city of Las Vegas, Nevada, except the police chief and fire chief. The department of civil service shall be under the control and management of a board of five trustees, which said board shall be appointed by the city manager, subject to the ratification of the board of commissioners, which said appointments shall be made after June 1, 1949, but not later than July 1, 1949, and shall be known and designated as the board of civil service trustees. The first meeting of the board shall be held on the first Monday following their appointment and qualification, at which time they shall organize by selecting one of their number chairman. The board of civil service trustees shall keep a record of its proceedings and transactions, and shall provide and prepare rules and regulations for the administration of said civil service for the recommendation for adoption by the city commission, which may be adopted and published in form of an ordinance and in the manner prescribed by law. The rules and regulations adopted shall be published in booklet form and a copy made available to each employee whose employment is subject thereto. The board of civil service trustees shall, not later than forty days after their first meeting, submit the rules and regulations for the administration of the civil service system, to the city commission and the city commission shall adopt the same not later than 15 days after the submission thereof. The rules and regulations may be amended in the same manner as ordinances, but any subsequent amendments to said rules and regulations, in the event the same do not originate with said board, shall be referred to and approved by the trustees prior to adoption by the city commission.
κ1949 Statutes of Nevada, Page 226 (CHAPTER 132, AB 346)κ
board, shall be referred to and approved by the trustees prior to adoption by the city commission. All rules and regulations adopted shall be consistent with the provisions of this act. Such rules and regulations shall provide for the following matters in addition to such others as may be necessary and proper in carrying out the intent and purposes of this act.
(1). The classification of all persons employed in the police and fire departments.
(2). The selection, employment, advancement, suspension, demotion and discharge of all employees in the said department.
(3). The holding of free, open, competitive examinations, and the administering of other suitable tests to fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
(4). The public advertising of all examinations.
(5). A period of probation of six months before an appointment or promotion is made complete, during which period a probationer may be discharged with the consent of the board of civil service trustees if it is an appointment probation, or reduced if a promotion probation by the appointing power without the right of appeal if, during the performance test the appointing power deems him unfit for satisfactory service.
(6). Physical examinations of all applicants must be conducted and all applicants must possess the prescribed standards of health and physique.
(7). Age requirement for original entrance examination as follows:
Police Department ..................................................... 21 to 35
Fire Department ......................................................... 21 to 32
(8). No person shall be admitted to examination for any position in the said departments who is not a resident of Clark County, Nevada, for at least one year prior to date of examination.
(9). The rules governing promotional examinations shall be the same as those governing original entrance examinations.
A record of all examinations shall be kept and appointments to all positions under civil service shall be made by the city manager from the list of those who have taken examinations for such positions, and such appointment must be made from the three holding the highest rating on such list.
No person in the civil service shall be removed from or discharged from his position except for cause, which shall be stated in writing to the board of civil service trustees by the appointment power, and a copy of said statement shall be served upon the person to be so removed or discharged. At any time within 15 days after the filing with said board of civil service trustees of such statement, said board may on its own motion, and must on application of the discharged employee, inquire into such removal or discharge, and if in its judgment such removal or discharge was without justification and said employee removed or discharged is a fit and competent person to retain his position, he shall be reinstated and restored and shall be entitled to receive