[Rev. 3/1/2019 5:10:23 PM]
LAWS OF THE STATE OF NEVADA
κ1953 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FORTY-SIXTH SESSION OF THE LEGISLATURE
1953
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CHAPTER 1
Initiative Petition
AN ACT relating to employment; prohibiting the denial of employment because of nonmembership in a labor organization; prohibiting agreements excluding any person from employment because of nonmembership in a labor organization; prohibiting strikes or picketing to induce violation of this act; making illegal compelling or attempting to compel a person to join a labor organization or leave his employment against his will; prohibiting conspiracies to cause the discharge of any persons because of nonmembership in a labor organization; and prescribing penalties for the violation thereof.
[Enacted Pursuant to Direct Vote of the People, General Election, November 4, 1952]
The People of the State of Nevada do enact as follows:
Section 1. Definition of Labor Organization. The term labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other conditions of employment.
Sec. 2. Agreements Prohibiting Employment Because of Nonmembership in Labor Organization Prohibited. No person shall be denied the opportunity to obtain or retain employment because of nonmembership in a labor organization, nor shall the state, or any subdivision thereof or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of nonmembership in a labor organization.
Sec. 3. Certain Contracts Declared Illegal and Void. Any act or any provision in any agreement which is in violation of this act shall be illegal and void. Any strike or picketing to force or induce any employer to make an agreement in writing or orally in violation of this act shall be for an illegal purpose.
Sec. 4. Compelling Person to Join a Labor Organization or to Strike Against His Will or to Leave His Employment Prohibited. It shall be unlawful for any employee, labor organization, or officer, agent or member thereof to compel or attempt to compel any person to join any labor organization or to strike against his will or to leave his employment by any threatened or actual interference with his person, immediate family or property.
κ1953 Statutes of Nevada, Page 2 (CHAPTER 1, INITIATIVE PETITION)κ
Sec. 5. Conspiracies to Violate Act Prohibited. Any combination or conspiracy by two or more persons to cause the discharge of any person or to cause him to be denied employment because he is not a member of a labor organization, by inducing or attempting to induce any other person to refuse to work with such person, shall be illegal.
Sec. 6. Liability for Damages. Any person who violates any provision of this act, or who enters into any agreement containing a provision declared illegal by this act, or who shall bring about the discharge or the denial of employment of any person because of nonmembership in a labor organization shall be liable to the person injured as a result of such act or provision and may be sued therefor, and in any such action and labor organization, subdivision or local thereof shall be held to be bound by the acts of its duly authorized agents acting within the scope of their authority and may sue or be sued in its common name.
Sec. 7. Injunctive Relief. Any person injured or threatened with injury by an act declared illegal by this act shall, notwithstanding any other provision of the law to the contrary, be entitled to injunctive relief therefrom.
Sec. 8. Definition of Person. The word person includes a corporation, association, company, firm or labor organization, as well as a natural person.
Sec. 9. Severability of Provisions. If any word, clause, phrase, sentence, provision or other part of this act or the application thereof to any person or circumstance shall be held invalid, the remainder of this act and the application of such invalid word, clause, phrase, sentence or other provision of this act to other persons or circumstances shall not be affected thereby
Sec. 10. This act shall be in full force and effect from and after its passage and approval.
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Senate Bill No. 1Senator Johnson
CHAPTER 2
AN ACT to create a legislative fund.
[Approved January 26, 1953]
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 1953 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 $135,000, 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 employees 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.
κ1953 Statutes of Nevada, Page 3 (CHAPTER 2, SB 1)κ
when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of said fund shall revert to the general fund on December 31, 1954.
Sec. 4. This act shall become effective immediately upon passage and approval.
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Senate Bill No. 3Committee on Finance.
CHAPTER 3
AN ACT to provide an additional and supplemental appropriation for benefit payments aiding the blind as provided by law.
[Approved February 12, 1953]
Whereas, By section 52 of chapter 279, Statutes of Nevada 1951, there was appropriated for benefit payments, as provided by law, for aid to the blind the sum of $30,000; and
Whereas, By the provisions of chapter 169, Statutes of Nevada 1951, the amount of benefit payments payable to the needy blind in this state were increased; and
Whereas, Since July 1, 1951, to the present day there has been an appreciable increase in the number of needy blind within the state qualified to receive benefit payments as provided by law; and
Whereas, There remains approximately $800 of the sum appropriated by section 52 of chapter 279, Statutes of Nevada 1951, which sum of $800 is insufficient to pay benefit payments allowed by law for the month of February 1953 and thereafter; and
Whereas, There will be a deficiency in the funds to meet the requirements of the law for the fiscal year ending June 30, 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of $8,000 as an additional and supplemental appropriation to that allowed by section 52 of chapter 279, Statutes of Nevada 1951.
Sec. 2. This act shall become effective immediately upon passage and approval.
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κ1953 Statutes of Nevada, Page 4κ
Senate Bill No. 9Committee on Finance.
CHAPTER 4
AN ACT to provide an additional and supplemental appropriation for the general support of the Nevada school of industry for the biennium ending June 30, 1953.
[Approved February 12, 1953]
Whereas, By section 37 of chapter 279, Statutes of Nevada 1951, there was appropriated for the general support of the Nevada school of industry the sum of $30,010; and
Whereas, From July 1, 1951, to the present time there has been an unforseeable increase in the number of students at the Nevada school of industry; and
Whereas, Because of rising costs of food, clothing and general maintenance of the students committed to the said school there will be a deficiency for the fiscal year ending June 30, 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of $11,536 for the general support of the Nevada school of industry, as an additional and supplemental appropriation to that allowed by section 37 of chapter 279, Statutes of Nevada 1951.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 10Committee on Finance.
CHAPTER 5
AN ACT to provide an additional and supplemental appropriation for the Nevada school of industry for the care of girl students for the biennium ending June 30, 1953.
[Approved February 12, 1953]
Whereas, By section 37 of chapter 279, Statutes of Nevada 1951, there was appropriated for girls care in the Nevada school of industry the sum of $4,500; and
Whereas, From July 1, 1951, to the present time there has been an exceptional increase in the number of girl students committed to the care of the Nevada school of industry; and
Whereas, Girl students committed to the Nevada school of industry are placed in out-of-state institutions for care and supervision; and
Whereas, The out-of-state institutions caring for such girls committed to the care of the Nevada school of industry have increased their costs for such care; and
κ1953 Statutes of Nevada, Page 5 (CHAPTER 5, SB 10)κ
Whereas, There will be a deficiency for the fiscal year ending June 30, 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of $2,250 for girls care by the Nevada school of industry as an additional and supplemental appropriation to that allowed by section 37 of chapter 279, Statutes of Nevada, 1951.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 18Committee on Ways and Means.
CHAPTER 6
AN ACT to provide an additional and supplemental appropriation for the support of the motor vehicle operators and chauffeurs license division of the public service commission for the biennium ending June 30, 1953.
[Approved February 12, 1953]
Whereas, By the provisions of section 18 of chapter 279, Statutes of Nevada 1951, there was appropriated from the state highway fund for the support of the combined motor vehicle and license division of the public service commission the sum of $606,330; and
Whereas, There was allocated from the money so appropriated the sum of $111,400 for drivers license; and
Whereas, From July 1, 1951, to the present time there has been an unforseeable increase in work required by the said division requiring the employment of additional examiners and other personnel; and
Whereas, Increased unforeseeable services have required additional expenditure of funds for office supplies, photostating and printing; and
Whereas, Because of the establishment and reactivation of many military installations within the state during the aforesaid period, the expenditure of additional money was required for travel allowance for license examiners; and
Whereas, Because of the aforesaid reasons there will be a deficiency for the biennium ending June 30, 1953, for the operation of the motor vehicle operators and chauffeurs license division; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state highway fund of the State of Nevada, not specifically allotted, the sum of $14,908.56 for the payment of salaries of employees and for payment of operating costs of the motor vehicle operators and chauffeurs license division of the public service commission, as an additional and supplemental appropriation to that appropriation made by section 18 of chapter 279, Statutes of Nevada 1951.
κ1953 Statutes of Nevada, Page 6 (CHAPTER 6, AB 18)κ
operators and chauffeurs license division of the public service commission, as an additional and supplemental appropriation to that appropriation made by section 18 of chapter 279, Statutes of Nevada 1951.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 19Committee on Ways and Means.
CHAPTER 7
AN ACT to provide an additional and supplemental appropriation for the support of the motor vehicle division of the public service commission for the biennium ending June 30, 1953.
[Approved February 12, 1953]
Whereas, By the provisions of section 18 of chapter 279, Statutes of Nevada 1951, there was appropriated from the state highway fund for the support of the combined motor vehicle and license division of the public service commission the sum of $606,330; and
Whereas, There was allocated from the money so appropriated the sum of $112,440 for the motor vehicle division of the public service commission; and
Whereas, From July 1, 1951, to the present time there has been an increase in the work load required to be performed by the motor vehicle division, which work load required the employment of additional personnel and expenditures of funds for printing and office supplies; and
Whereas, There have been unforseeable increases in the cost of steel, paint and boxes in the manufacture of license plates, resulting in approximately a 15 percent increase in operating expenses; and
Whereas, There will be a deficiency for the biennium ending June 30, 1953, for the operation of the motor vehicle division; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state highway fund of the State of Nevada, not specifically allotted, the sum of $33,733.72 for the payment of salaries of employees and for payment of operating costs of the motor vehicle division of the public service commission, as an additional and supplemental appropriation to the appropriation made by section 18 of chapter 279, Statutes of Nevada 1951.
Sec. 2. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 7κ
Assembly Bill No. 49Select Committee of the Nye County Delegation.
CHAPTER 8
AN ACT authorizing and directing the county commissioners of Nye county to transfer certain funds, and specifying the duties of certain county officers in connection therewith.
[Approved February 17, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Nye county are hereby authorized and directed to transfer from the accumulated surplus of the Toiyabe police protection fund the sum of $5,000 to the Toiyabe town improvement fund. The county auditor and county treasurer of Nye county are directed and required to do all things necessary to effect the purpose of this act.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 13Committee on Judiciary.
CHAPTER 9
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, as amended.
[Approved February 17, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 161 of the above-entitled act, being section 10809, 1929 N.C.L., is hereby amended to read as follows:
Section 161. From the persons summoned to serve as grand jurors and appearing, a foreman shall be elected by majority vote of those selected to serve. A foreman shall be elected in like manner when the person already elected is excused or discharged before the grand jury is dismissed.
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Assembly Bill No. 52Select Committee of the Humboldt County Delegation.
CHAPTER 10
AN ACT authorizing and directing the board of trustees of Golconda school district, and the county treasurer and county auditor of Humboldt county, Nevada, to transfer certain funds belonging to the district now in the treasury of the county.
[Approved February 17, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the effective date of this act the board of trustees of Golconda school district and the county auditor and county treasurer of Humboldt county are authorized and directed to transfer the sum of $4,333 from the Golconda school district bond fund to the Golconda school district general fund.
κ1953 Statutes of Nevada, Page 8 (CHAPTER 10, AB 52)κ
of Humboldt county are authorized and directed to transfer the sum of $4,333 from the Golconda school district bond fund to the Golconda school district general fund.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 47Senators Lemaire and Whitacre.
CHAPTER 11
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved February 23, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 77 of the above-entitled act, being section 8 of chapter 308, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 77(a). Every employer within, and those electing to be governed by, the provisions of this act, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before the first day of July A. D. 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total pay roll for the ensuing two months as shall be fixed by order of the commission; provided, however, that all premium rates now in effect shall be continued in full force and effect until changed, altered, or amended by order of the commission.
(b) Every employer within, and those electing to be governed by, the provisions of this act, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly pay roll and shall make payment of the premium on such pay roll for the first two months of operations.
(c) Every employer within, and those electing to be governed by, the provisions of this act, shall, on or before the twenty-fifth day of each month, furnish the commission with a true and accurate pay roll showing the aggregate number of shifts worked during the preceding month, the total amount paid to employees for services performed during said month, and a segregation of employment in accordance with the requirements of the commission, together with the premium due thereon; provided, however, that any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than sixty (60) days.
κ1953 Statutes of Nevada, Page 9 (CHAPTER 11, SB 47)κ
the requirements of the commission, together with the premium due thereon; provided, however, that any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than sixty (60) days. Failure on the part of any such employers to comply with the foregoing provisions shall operate as a rejection of this act, effective at the expiration of the period covered by his estimate; and further provided, that if an audit of the accounts or actual pay roll of such employers shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate. The commission shall diligently proceed, by use of registered mail and/or other suitable means, to notify any employer and/or his representative of any failure on his part to comply with the foregoing provisions; but, such notice or its omission shall in no way modify or waive the requirements or effective rejection of this act as otherwise provided herein.
(d) As soon as possible after the expiration of each quarter-year, beginning with September 30, 1947, it shall be the duty of every state office, department, board, commission, bureau, agency, and institution operating by authority of law, and the auditor of each county, and the clerk of each municipal corporation, city, and school district, to furnish the commission with a true and accurate pay roll of said state office, department, board, commission, bureau, agency, or institution, and county, municipal corporation, school district or contractor or subcontractor under said state office, department, board, commission, bureau, agency, institution, county municipal corporation, city, or school district, showing the aggregate number of shifts worked during the preceding quarter, the total amount paid to employees for services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said state offices, departments, boards, commissions, bureaus, agencies, and institutions to submit claims for the amount of premiums due the commission, and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of each county, municipal corporation, city and school district, for approval, claims for the amount of premiums due the commission and the state offices, departments, boards, commissions, bureaus, agencies, institutions, county auditor, city clerk or clerk of school districts shall deduct the amount of the claims for such premiums concerning the pay rolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor. Any official who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200).
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
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κ1953 Statutes of Nevada, Page 10κ
Assembly Bill No. 20Mr. Ruedy.
CHAPTER 12
AN ACT to provide an additional and supplemental appropriation for the support of the Nevada historical society for the biennium ending June 30, 1953.
[Approved February 23, 1953]
Whereas, By section 57, chapter 279, Statutes of Nevada 1951, there was appropriated for the support of the Nevada historical society the sum of $15,590; and
Whereas, The Nevada historical society since July 1, 1951, has been the recipient and donee of 176 separate historical collections and over four tons of personal papers of individuals previously engaged in governmental and public life; and
Whereas, The receipt of the historical collections and private papers aforesaid has necessitated the expenditures of additional moneys for classification, cataloging and display; and
Whereas, The Nevada historical society has not received moneys from outside sources previously anticipated; and
Whereas, There will be a deficiency in the funds to meet the costs for the fiscal year ending June 30, 1953; now, therefore
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of $3,900.00 as an additional and supplemental appropriation for the support of the Nevada historical society.
Sec. 2. This act shall become effective immediately upon its passage and approval.
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Assembly Bill No. 92Elko County Delegation.
CHAPTER 13
AN ACT to amend an act entitled, An act fixing the compensation of the county officers of Elko county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 26, 1949.
[Approved February 23, 1953]
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 last amended by chapter 180, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. The sheriff of Elko county shall receive the sum of five thousand dollars ($5,000) 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 tolls necessary in the discharge of his official duties.
κ1953 Statutes of Nevada, Page 11 (CHAPTER 13, AB 92)κ
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 tolls 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 Elko county is hereby authorized and empowered to employ one undersheriff who may receive a salary in an amount to be fixed by the county commissioners, not to exceed four thousand two hundred dollars ($4,200) per annum; four jailers who may receive salaries to be fixed by the board of county commissioners of not more than three thousand three hundred dollars ($3,300) each, per annum; and one office deputy who may receive a salary to be fixed by the board of county commissioners in an amount not to exceed three thousand six hundred dollars ($3,600) 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, and such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of ten dollars per day, but not to exceed three hundred dollars ($300) per month, for services performed in any one month by any such deputy.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 45Senators Lemaire and Whitacre.
CHAPTER 14
AN ACT to amend an act entitled, An act creating a board to be known as the state planning board, defining its duties, powers and jurisdiction, and making an appropriation for the expenses thereof, and other matters properly relating thereto, approved March 22, 1937, as amended.
[Approved February 23, 1953]
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 6975.01, N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. A board is hereby created to be known as the state planning board, hereinafter designated as the board; said board shall consist of nine members and eight thereof shall be appointed by the governor. The governor shall be an ex officio member.
Sec. 2. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 12κ
Assembly Bill No. 50Messrs. Revert and Beko.
CHAPTER 15
AN ACT to amend an act entitled, An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the state, and providing for the election therefrom of members of the assembly, approved March 27, 1947.
[Approved February 23, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby added to the above-entitled act, a new section to be known as section 3.5, to follow section 3 which was last amended by chapter 270, Statutes of Nevada 1951, which new section shall read as follows:
Section 3.5. The county of Nye is hereby divided into two assembly districts as follows:
All that portion of Nye county comprising the election precincts of Manhattan, Round Mountain, Tonopah No. 1, Tonopah No. 2 and Tonopah No. 3 shall be known as assembly district No. 1, with one assemblyman to be elected at large. All the remaining of Nye county shall be known as assembly district No. 2, with one assemblyman to be elected at large.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 51Senator Lemaire.
CHAPTER 16
AN ACT to amend an act entitled, An act concerning juries, approved March 5, 1873, as amended.
[Approved February 23, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 234, Statutes of Nevada 1873, and being sections 8476-8482 inclusive, N.C.L. 1929, as last amended by chapter 234, Statutes of Nevada 1949, is hereby amended by adding thereto a new section, designated as section 8b, which shall follow section 8a and shall read as follows:
Section 8b. In any county of the state, if the district judge for any reason shall fail or refuse to select a grand jury when required, any interested person resident of the county may apply to the supreme court for an order directing the selection of a grand jury. The application shall be supported by affidavits setting forth the true facts as known to the applicant, and the certificate of the county clerk that a grand jury has not been selected within the time fixed or otherwise as the facts may be.
κ1953 Statutes of Nevada, Page 13 (CHAPTER 16, SB 51)κ
as the facts may be. The supreme court shall issue its order, if satisfied that a grand jury should be called, directing the county commissioners or the clerk, or both, to select and impanel a grand jury, according to the provisions of the two preceding sections.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 27Committee on Judiciary.
CHAPTER 17
AN ACT to amend an act entitled, An act to provide for the compiling, reporting, printing, and distribution of the decisions of the supreme court of the State of Nevada, and repealing certain acts in conflict herewith, approved March 22, 1915, as amended.
[Approved February 25, 1953]
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 5213, 1929 N.C.L., 1941 Supp., is hereby amended to read as follows:
Section 2. The reporters of decisions shall have such decisions and synopsis, together with an index, table of cases, and of statutes and provisions of constitution cited, printed and bound in volumes of the size, as nearly as may be, of the volumes heretofore published.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 23Committee on Judiciary.
CHAPTER 18
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 February 25, 1953]
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 7481, N.C.L. 1929, as amended, is hereby amended to read as follows:
Section 18. The secretary of the state shall furnish to the superintendent of state printing, as soon as may be, and within 3 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 commission for revision and compilation of Nevada laws, 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.
κ1953 Statutes of Nevada, Page 14 (CHAPTER 18, SB 23)κ
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, 15 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. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall become effective immediately upon its passage and approval.
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Senate Bill No. 22Committee on Judiciary.
CHAPTER 19
AN ACT requiring the director and employees of the commission for revision and compilation of Nevada laws to prepare and assist in the preparation and amendment of legislative measures when requested, defining the duties of the director, providing for the employment of legislative bill drafters and stenographers, and other matters relating thereto.
[Approved February 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Director and Employees of Revision Commission to Prepare and Assist in Preparation of Legislative Measures.
1. The director and employees of the commission for revision and compilation of Nevada laws shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as herein provided.
2. Upon request, the director of the commission shall advise any state agency or department as to the preparation of measures to be submitted to the legislature.
3. Upon request, the director of the commission shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the director. The director and employees of the commission shall not oppose or urge legislation, nor shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.
4. The director of the commission shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
5. Upon request, the director shall advise as to the work of the commission with any legislative committee appointed to carry on investigations.
κ1953 Statutes of Nevada, Page 15 (CHAPTER 19, SB 22)κ
commission with any legislative committee appointed to carry on investigations.
Sec. 2. Determination of Form and Correction of Mistakes: Administrative Function of Commission.
1. Before introduction, any bill may be delivered to the director for the purpose of determining if the bill is in the proper form as prescribed by law or rule of the houses. The director shall have authority to correct any clerical error such as orthography, adding or correcting the enacting clause, mistakes in numbering sections and references thereto, and in any other particular wherein the bill does not comply in form with law or rule of the houses.
2. If, in the opinion of the director, any correction made by him or the commission employees under the authority of this section should in any manner be construed to be a change in the bill other than a change in form, the director shall obtain the consent of the author of the bill before making such change.
3. The commission shall be deemed to be acting in an administrative capacity in the performance of the duties imposed by this act.
Sec. 3. Employment of Bill Drafters and Stenographers.
1. The commission is hereby authorized to employ legislative bill drafters and stenographers, at a compensation to be set by it, to aid and assist the director in carrying out the duties prescribed by this act, and such legislative bill drafters and stenographers shall be employed for such length of time as the commission may deem to be necessary for the effective conduct of the legislative work prescribed by this act.
2. The director, during the time the legislature is in session, shall assign at least one legislative bill drafter and one or more stenographers for each house of the legislature, and they shall be located in the capitol building.
Sec. 4. Attorney General not Relieved of Duties. The provisions of this act shall not operate to relieve the attorney general of any duties now imposed upon him by law.
Sec. 5. Transfer of Appropriated Funds. Immediately upon the passage and approval of this act the state controller shall transfer the balance remaining in the fund appropriated for the attorney general in section 5 of chapter 279, Statutes of Nevada 1951, entitled legislative bill drafting, to the credit of the commission for revision and compilation of Nevada laws and said commission shall thereupon be authorized to expend said fund for the purposes of this act.
Sec. 6. Repeal. An act entitled, An act requiring the attorney general to prepare and assist in the preparation and amendment of legislative measures when requested, defining his duties, providing for the employment of special deputies and stenographers, and other matters relating thereto, approved March 11, 1947, is hereby repealed.
Sec. 7. Effective Date. This act shall become effective from and after its passage and approval.
________
κ1953 Statutes of Nevada, Page 16κ
Senate Bill No. 20Senator Whitacre.
CHAPTER 20
AN ACT to repeal an act entitled, An act concerning subdivisions of real property; giving certain powers to the state real estate board, and other matters properly connected therewith, approved March 18, 1931.
[Approved February 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 76, Statutes of Nevada 1931, and being section 6372, 1929 N.C.L., 1941 Supp., is hereby repealed.
Sec. 2. This act shall become effective upon its passage and approval.
________
Senate Bill No. 28Committee on Judiciary.
CHAPTER 21
AN ACT relating to wills, their probate, and providing for a self-proving affidavit to be attached to a will.
[Approved February 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any or all of the attesting witnesses to any will may, at the request of the testator, or, after his decease, at the request of the executor or any person interested under it, make and sign an affidavit before any officer authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove such will, which affidavit shall be written on such will, or, if that be impracticable, on some paper attached thereto, and the sworn statement of any such witness so taken shall be accepted by the court of probate as if it had been taken before such court.
Sec. 2. The affidavit described in the preceding section may be substantially in form as follows:
|
State of.............................................................................
County of......................................................................... |
} |
ss. |
(Date)......................................................................... |
Then and there personally appeared the within named............................. and.............................., who, being duly sworn, depose and say: That they witnessed the execution of the within will of the within named testator, ..................................; that said testator subscribed said will and declared the same to be his last will and testament in their presence; that they thereafter subscribed the same as witnesses in the presence of said testator and in the presence of each other and at the request of said testator; that the said testator at the time of the execution of said will appeared to them to be of full age and of sound mind and memory, and that they make this affidavit at the request of said testator.
κ1953 Statutes of Nevada, Page 17 (CHAPTER 21, SB 28)κ
will appeared to them to be of full age and of sound mind and memory, and that they make this affidavit at the request of said testator.
.......................................................
.......................................................
Subscribed and sworn to before me this .............. day of .............., 19.....
..................................................... (Seal)
Notary Public
Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 30Committee on Judiciary.
CHAPTER 22
AN ACT relating to the administration of trusts, conferring jurisdiction upon the district courts of this state in reference thereto and other matters properly relating thereto.
[Approved February 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Trustee; Confirmation of Appointment; Court Jurisdiction. Upon petition of any person appointed as trustee of an express trust by any will or other written instrument, or upon petition of any beneficiary of such trust, the district court of the county wherein such trustee resides or has his place of business, shall consider the application to confirm the appointment of the trustee and specify the manner in which he shall qualify. Thereafter such district court shall have jurisdiction of such trust as a proceeding in rem.
Sec. 2. Trustee to File Inventory. Any trustee whose appointment has thus been confirmed shall file with the clerk of the district court an inventory containing a true and complete list of all property received by the trustee belonging to the trust estate. Thereafter such trustee shall render to such court at least annually a verified account containing a complete inventory of the trust assets and itemized principal and income accounts.
Sec. 3. May Apply to Court for Instructions. Any trustee whose appointment has thus been confirmed at any time thereafter may petition the court for instructions in the administration of the trust or for a construction of the trust instrument, or upon or after the filing of any account, for the settlement and allowance thereof. Upon the filing of such petition the court shall make an order fixing a time and place for hearing thereof, unless hearing has been waived in writing by the beneficiaries of such trust. Notice of such hearing shall be given by publishing a copy of such order one time in a newspaper of such county at least 20 days before the date of such hearing, and by mailing a copy thereof to each party in interest then in being, at his last known address, at least 10 days before the date of such hearing or in such other manner as the court shall order and if such court shall deem further notice necessary it shall be given in such manner as may be specified in such order.
κ1953 Statutes of Nevada, Page 18 (CHAPTER 22, SB 30)κ
last known address, at least 10 days before the date of such hearing or in such other manner as the court shall order and if such court shall deem further notice necessary it shall be given in such manner as may be specified in such order. Upon such hearing the court shall make such order as it deems appropriate, which order shall be final and conclusive as to all matters thereby determined and binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, except that appeal to the supreme court may be taken from such order within 30 days from the entry thereof by filing notice of appeal with the clerk of the district court, who shall mail a copy of such notice to each adverse party who has appeared of record.
Sec. 4. Act Not Deemed to Limit Power of District Court. Nothing in this act shall be deemed to limit or abridge the power or jurisdiction of the district court over trusts and trustees.
Sec. 5. Effective Date. This act shall become effective upon passage and approval.
________
Senate Bill No. 69Senator Murray.
CHAPTER 23
AN ACT fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith.
[Approved February 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Eureka 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 shall receive an annual salary of $4,500 for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the 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 the provisions of this act by the board of county commissioners.
Sec. 3. The sheriff shall receive an annual salary of $4,500. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. 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 all telegraph and telephone tolls necessarily made in the discharge of his official duties.
κ1953 Statutes of Nevada, Page 19 (CHAPTER 23, SB 69)κ
in the discharge of his official duties. He shall present to the board of county commissioners an itemized bill 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 may employ one undersheriff who shall receive an annual salary of not to exceed $4,000, which salary shall be fixed by the board of county commissioners.
Sec. 4. The county clerk and treasurer and ex officio clerk of the district court shall receive an annual salary of $4,500. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 5. The county recorder and ex officio auditor shall receive an annual salary of $4,500 as compensation for 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, from time to time when necessity requires, one deputy who shall receive an annual salary of not to exceed $2,400, which salary shall be fixed by the board of county commissioners.
Sec. 6. The county assessor shall receive an annual salary of $4,500. He shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature. When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and may allow such claim in the same manner as other county expenses are audited and allowed.
Sec. 7. The county commissioners shall each receive an annual salary of $1,200, and 10 cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and as a board of canvassers.
Sec. 8. All salaries provided herein in sections 2, 3, 4, 5, 6 and 7 shall be payable in equal monthly installments.
Sec. 9. In case of emergency the district attorney may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a monthly salary to be set by the board of county commissioners of not to exceed $200. The deputy district attorney shall be allowed only his actual expenses while attending to the official business of the county or the 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 the provisions of this act by the board of county commissioners.
Sec. 10. In cases of emergency the county clerk and ex officio county treasurer and the county assessor may each be allowed one deputy to be named by the respective officer. Upon receiving the majority approval of the board of county commissioners, the deputies so named shall receive not to exceed $200 per month, and shall be employed for such time as the board of county commissioners may direct.
Sec. 11. That certain act of the legislature entitled, An act fixing the salaries and compensation of the officers and deputies of Eureka county, and repealing all acts or parts of acts in conflict with this act, approved February 13, 1951, and all other acts and parts of acts in conflict herewith are hereby repealed.
κ1953 Statutes of Nevada, Page 20 (CHAPTER 23, SB 69)κ
county, and repealing all acts or parts of acts in conflict with this act, approved February 13, 1951, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 12. This act shall become effective from and after March 1, 1953.
________
Senate Bill No. 32Senator Lovelock.
CHAPTER 24
AN ACT to amend an act entitled, An act defining the duties of cemetery corporations or associations receiving funds for the perpetual care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing a penalty for the violation thereof, and repealing all acts or parts of acts in conflict herewith, approved March 3, 1931.
[Approved February 25, 1953]
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 981, 1929 N.C.L., 1941 Supp., is hereby amended to read as follows:
Section 1. Any cemetery corporation or association under contract for the perpetual care of a certain lot or lots in the cemetery of said corporation or association is hereby expressly forbidden to use the funds received for the perpetual care of any lot or lots under such contract or contracts for any other purpose than to provide the perpetual care mentioned in said contract, and from and after the passage of this act it shall be the duty of the board of directors or board of trustees of a cemetery corporation or association receiving funds from perpetual care contracts to invest or reinvest such funds in bonds of the United States or the bonds of this state or the bonds of other states of the Union or the bonds of counties or municipalities of the states of the Union, or corporate bonds or preferred or common stock approved by the state board of finance; provided, that pending such investment as herein provided, such funds may be deposited in any savings bank in this state.
Sec. 2. This act shall be effective immediately upon passage and approval.
________
Assembly Bill No. 54Mr. Waters.
CHAPTER 25
AN ACT to amend an act entitled, An act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved February 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10b. (3) of the above-entitled act, as added by chapter 309, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 21 (CHAPTER 25, AB 54)κ
Section 10b. (3). The board of trustees may, by ordinance, cause bonds to be issued for the purpose of paying the cost of any authorized improvements for which general or special assessments are levied, said bonds to be called (insert words identifying the improvement) Improvement District Bonds to be payable in annual periods of not more than twelve (12) years from date of issuance and to bear interest payable annually or semiannually not exceeding the rate of seven (7%) percent per annum, and said bonds shall not be sold for less than their par value. Such bonds shall be issued for the purpose of paying the cost of the improvement including all engineering and all other preliminary costs. In the event the full amount or any part thereof of the cost of the improvement chargeable to any blocks, lots, or parcels of land, including the improvements thereon, charged to any district by special assessment, is paid by the owners within fifty (50) days from the date of the levying of the assessment, or prior to the date of the issuance of said bonds, said blocks, lots, or parcels of land shall be exempt from any lien or charge by reason of the issuance of said bonds to the extent of such payment.
Sec. 2. Section 10b. (13) of the above-entitled act, as added by chapter 309, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10b. (13). Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of a majority of all members elected to the board of trustees. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. The board of trustees shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvements contemplated herein shall be made or awarded nor shall the board of trustees incur any expense or liability in relation thereto, except for surveys, maps, and such other preliminary acts as may be required to arrive at a preliminary estimate of the cost of the improvements, until after the notice and hearing provided for herein shall have been given or had, and until such time as the full amount of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose. But nothing herein contained shall be construed as preventing the board of trustees from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 3. Section 10c. (8) of the above-entitled act, as added by chapter 309, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10c. (8). When any special assessment shall be approved and payable the board of trustees may direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively.
κ1953 Statutes of Nevada, Page 22 (CHAPTER 25, AB 54)κ
assessed as a tax upon the several lots or premises to which they were assessed, respectively. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments or in a special assessment roll provided therefor, and the county auditor of Ormsby county, acting as ex officio city auditor shall extend the same in said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the said ex officio city tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent state or county taxes; and in such event it shall be the duty of said ex officio tax receiver to add thereto the same penalties, charges and costs as are added for delinquent state and county taxes.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 98Messrs. Beko and Revert.
CHAPTER 26
AN ACT fixing the compensation of certain officers in Nye county, and other matters properly relating thereto; and repealing certain acts and parts of acts.
[Approved February 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sheriff of Nye county shall receive an annual salary of $4,200, payable in equal monthly installments, in full compensation for his services to Nye county as sheriff and all official and ex officio duties 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 direct. The undersheriff shall receive a salary not to exceed $300 per month, and the deputies shall receive salaries not to exceed $275 per month. The sheriff 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 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 such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
κ1953 Statutes of Nevada, Page 23 (CHAPTER 26, AB 98)κ
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 such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
Sec. 2. The county clerk and treasurer of Nye county shall receive an annual salary of $4,200, payable in equal monthly installments, as full compensation for his services to Nye county as such officer or in any ex office capacity of any kind whatsoever, and shall be allowed one deputy, to be named by him, to be paid a salary not to exceed $275 per month, 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, not to exceed $250 per month. The county clerk and treasurer 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, the expenses shall be first audited and allowed by the board of county commissioners.
The county clerk and treasurer shall collect in advance 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. The county recorder and auditor of Nye county shall receive an annual salary of $4,200, payable in equal monthly installments, in full compensation for all his services to the county as such officer, and shall have one deputy to be selected by him, and to be paid a salary not to exceed $275 per month, 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, at a salary not to exceed $250 per month. The county recorder and auditor 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, the expenses shall be first audited and allowed by the board of county commissioners. The county recorder and auditor shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are provided by law for services in his office.
Sec. 4. The district attorney of Nye county shall receive an annual salary of $4,200, payable in equal monthly installments, for all his services as such officer. 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, at a salary not to exceed $250 per month. 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;
κ1953 Statutes of Nevada, Page 24 (CHAPTER 26, AB 98)κ
provided, the expenses shall be first audited and allowed by the 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. The county assessor of Nye county shall be paid an annual salary of $4,200, payable in equal monthly installments, for all his services as such officer. 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, at a salary not to exceed $275 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.
Sec. 6. The members of the board of county commissioners of Nye county shall each receive for their services as county commissioners $100 per month, and $25 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.
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 that certain act of the legislature entitled, An Act fixing the compensation of certain officers in Nye county, and other matters properly relating thereto, approved March 22, 1945, together with all acts supplementary thereto and amendatory thereof.
Sec. 8. This act shall be effective from and after April 1, 1953.
________
Senate Bill No. 96Senator Black.
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 February 26, 1953]
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 shall receive an annual salary of $4,500 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. He may employ a stenographer whose annual compensation shall not exceed $1,200, to be paid in like manner as other county officers are paid.
κ1953 Statutes of Nevada, Page 25 (CHAPTER 27, SB 96)κ
Sec. 3. The sheriff of Humboldt county shall receive an annual salary of $4,500. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided, 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 an annual salary not to exceed $4,200; 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 $8 per day.
Sec. 4. The county clerk of Humboldt county 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 an annual salary of $4,500. 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 of Humboldt county and ex officio auditor shall receive an annual salary of $4,500 as compensation for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him for fees, without deduction of any nature. The county recorder may appoint one chief deputy.
Sec. 6. The county assessor of Humboldt county shall receive an annual salary of $4,500, together with the additional sum of $600 per year for travel expense and mileage, which sums shall be paid to him in twelve equal monthly installments. The county assessor may appoint two chief deputies. The county 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 county assessor at not to exceed $8 per day and shall be paid out of such fees as he may receive from the motor vehicle department.
Sec. 7. The county treasurer and ex officio tax receiver of Humboldt county shall receive an annual salary of $4,500 which shall be in full compensation for all services rendered by the county treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature. The county treasurer may appoint one chief deputy.
Sec. 8. The county commissioners of Humboldt county shall each receive an annual salary of $1,800 which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed 10 cents 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.
κ1953 Statutes of Nevada, Page 26 (CHAPTER 27, SB 96)κ
receive not to exceed 10 cents 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 10 cents 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. 9. The chief deputies employed by the county clerk, county recorder, county treasurer and county assessor of Humboldt county shall receive the following annual salaries:
For the first year of employment.......................................... $2,400
For the second year of employment.................................... 2,700
For the third year of employment........................................ 3,000
For the fourth year of employment and thereafter............ 3,300
Sec. 10. That certain act of the legislature 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 officers, approved March 7, 1949, being chapter 27, Statutes of Nevada 1949, is hereby repealed; and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 11. This act shall be effective April 1, 1953.
________
Senate Bill No. 75Senator Settelmeyer.
CHAPTER 28
AN ACT to repeal an act entitled, An act to make unlawful the running at large of livestock upon the enclosed public roads or highways of certain counties, or the straying, feeding or picketing of livestock thereon; to provide for the disposal of such animals and for the punishment of violations of this act, approved March 26, 1913.
[Approved February 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 263, Statutes of Nevada sections 4024-4027, N.C.L. 1929, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 27κ
Assembly Bill No. 45White Pine County Delegation.
CHAPTER 29
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 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of White Pine county, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices.
Sec. 2. The district attorney shall receive an annual salary of $5,400, 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 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. 3. The county clerk shall receive an annual salary of $5,400, payable 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 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. 4. The county treasurer and ex officio tax collector shall receive an annual salary of $5,400, 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 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. 5. The county recorder and auditor of White Pine county shall receive an annual salary of $5,400, payable in equal monthly installments as compensation for all his services as such officer.
κ1953 Statutes of Nevada, Page 28 (CHAPTER 29, AB 45)κ
installments as compensation for all his services as such officer. He shall collect and pay into the county treasury 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 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 transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 6. The county assessor of White Pine county shall receive an annual salary of $5,400, payable 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 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. 7. The sheriff of White Pine county shall receive an annual salary of $5,400, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever, and he 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 White Pine 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 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 20 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.
κ1953 Statutes of Nevada, Page 29 (CHAPTER 29, AB 45)κ
ance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
Sec. 8. The county commissioners of White Pine county shall each receive an annual salary of $1,800, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses to consist of actual costs of their transportation and living expenses while absent from the county seat, in the performance of their official duties; provided said expenses shall be first audited and allowed by a majority of the board of county commissioners.
Sec. 9. The rate per mile traveled for any and all the above-named county officers to be allowed as expenses for travel by officers and their deputies, shall not exceed 10 cents per mile traveled nor in excess of any amount allowed specifically by any act pertaining to any specific duty of such officer.
Sec. 10. No officer mentioned in this act shall receive any fee or commission or perquisite to his own use for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.
Sec. 11. 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, being chapter 15, Statutes of Nevada 1947, is hereby repealed.
An act entitled, 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, and being chapter 120, Statutes of Nevada 1949, is hereby repealed.
An act entitled, An act to fix salaries for the elective officers of White Pine county, State of Nevada, approved February 28, 1951, being chapter 45, Statutes of Nevada 1951, is hereby repealed.
Sec. 12. This act shall be in full force and effect from and after March 1, 1953.
________
Senate Bill No. 73Senator Munk.
CHAPTER 30
AN ACT authorizing the board of county commissioners of Pershing county, the board of directors of Pershing county water conservation district of Nevada and the board of supervisors of the Lovelock valley drainage district No. 1 to exchange certain county owned land for certain land owned by Brayton Wilbur, and to do all acts in connection therewith necessary to effect such exchange.
[Approved March 2, 1953]
Whereas, Brayton Wilbur is the owner of all of section thirteen (13), township twenty-five (25) north, range thirty (30) east, M. D. B. & M. situate in the Lovelock valley, Pershing County, Nevada, which due to its location or situs, is not readily susceptible to irrigation or drainage and is under constant threat of being flooded by waters of the Humboldt River, much of the burden of the expense thus created likely to become at least partially the obligation of the Pershing county water conservation district of Nevada and/or the Lovelock valley drainage district No.
κ1953 Statutes of Nevada, Page 30 (CHAPTER 30, SB 73)κ
due to its location or situs, is not readily susceptible to irrigation or drainage and is under constant threat of being flooded by waters of the Humboldt River, much of the burden of the expense thus created likely to become at least partially the obligation of the Pershing county water conservation district of Nevada and/or the Lovelock valley drainage district No. 1; and
Whereas, The county of Pershing has become the owner of section nineteen (19), township twenty-five (25) north, range thirty-one (31) east, M. D. B. & M. against which the Pershing county water conservation district of Nevada has a large tax lien and the Lovelock valley drainage district No. 1 likewise has an interest due to an alleged tax lien in its favor, said land having been tax delinquent for approximately twenty years. Due to major construction of dikes and other structures, said section of land, barring unforseen complications, is susceptible to irrigation and drainage without great cost to the owner, and the potential damage from flood waters not apt to become a problem; and
Whereas, The respective governing boards of the three entities hereinbefore specifically mentioned, and Brayton Wilbur having taken proper steps to consumate the exchange of said lands which will prove beneficial to all parties or persons concerned, and it remains now only to secure legislative authority to make such exchange of lands; 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, the board of directors of the Pershing county conservation district of Nevada, and, the board of supervisors of the Lovelock valley drainage district No. 1, are hereby authorized to exchange with Brayton Wilbur those certain lands situate in the Lovelock valley, Pershing county, Nevada, the title of which is vested in Pershing county subject to the lax liens hereinbefore recited, described as follows:
Section nineteen (19), township twenty-five (25) north, range thirty-one (31) east, M. D. B. & M. for that certain land situate in the Lovelock valley, Pershing county, Nevada, now owned in fee simple by Brayton Wilbur of San Francisco, California, which land is described as follows:
All of section thirteen (13), township twenty-five (25) north, range thirty (30) east, M. D. B. & M.
Sec. 2. For the purpose of making the exchange of lands referred to in section 1 of this act, the board of county commissioners of Pershing county, Nevada, the board of directors of the Pershing county water conservation district of Nevada, and, the board of supervisors of the Lovelock valley drainage district No. 1 are authorized to do each and every act as may be necessary and proper to effect such exchange including the execution and delivery to Brayton Wilbur of a bargain and sale deed to the above-described county-owned land.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 31κ
Assembly Bill No. 151Committee on Ways and Means.
CHAPTER 31
AN ACT to amend an act entitled, An act relating to the appointment and salaries of deputies, clerks, stenographers, typists, and other employees in the various state offices, departments, boards, and agencies, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 22, 1951.
[Approved March 2, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 316, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. The state controller, in addition to one assistant state controller whose salary is hereby fixed at three thousand eight hundred ($3,800) dollars per annum, is hereby authorized to appoint one deputy state controller at a salary of three thousand two hundred twenty ($3,220) dollars per annum, three machine operators at salaries of two thousand nine hundred fifty ($2,950) each per annum, and one machine operator at a salary of two thousand eight hundred ten ($2,810) dollars per annum. Additional compensation shall also be paid as provided for by section 21 of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Mr. Beko.
CHAPTER 32
AN ACT to amend an act entitled, An Act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 369 of the above-entitled act, being section 10319, 1929 N.C.L., is hereby amended to read as follows:
Section 369. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house-trailer, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary. Every burglary committed in the nighttime is burglary of the first degree, and every burglary committed in the daytime is burglary of the second degree. Burglary of the first degree is punishable by imprisonment in the state prison for not less than one nor more than fifteen years. Burglary of the second degree is punishable by imprisonment in the state prison for not more than five years. Whenever burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer, or house-trailer, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train, vehicle, vehicle trailer, semitrailer, or house-trailer, may have run on the trip during which such burglary is committed.
κ1953 Statutes of Nevada, Page 32 (CHAPTER 32, AB 16)κ
be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train, vehicle, vehicle trailer, semitrailer, or house-trailer, may have run on the trip during which such burglary is committed. The phrase nighttime as used in this section, means the period between sunset and sunrise.
________
Assembly Bill No. 144Committee on Roads and Transportation.
CHAPTER 33
AN ACT authorizing and directing the state highway department to sell, on behalf of the State of Nevada, and convey to Steven O. Potter certain real property held in fee simple for the department of highways by the State of Nevada, and other matters properly relating thereto.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the payment to the State of Nevada by Steven O. Potter of the sum of $100 in lawful money of the United States of America, the department of highways is hereby authorized and directed to make, execute and deliver, to Steven O. Potter, for and on behalf of the State of Nevada, a good and sufficient deed conveying all of the right, title and interest of the State of Nevada, to the following described real property:
That certain parcel of land situate, lying and being in the NW 1/4 of the NE 1/4 of section 16, T. 13 S., R. 71 E., M. D. B. & M., beginning at a point on the now existing southeasterly forty (40) foot highway right of way line, on the right or southeasterly side of and at right angles to highway engineers station A 632 + 24.15 P. O. T., said point of beginning further described as bearing S. 68°33′40″ W. a distance of 1770.87 feet from the northeast corner of said section 16, thence south a distance of 274.80 feet to a point, thence S. 89°54′45″ W. a distance of 268.67 feet to a point on the now existing southeasterly forty (40) foot highway right of way line, on the right or southeasterly side of and radially at right angles to highway engineers station L 627 + 76.87 P. O. C., thence, easterly along the now existing southeasterly forty (40) foot highway right of way line, from a tangent which bears N. 33°11′48″ E., curving to the right with a radius of 960 feet through an angle of 18°37′12″ a distance of 311.98 feet to a point, thence N. 51°49′ E. a distance of 74.79 feet to the point of beginning, containing 0.96 acres more or less.
Sec. 2. All moneys received by the state treasurer pursuant to the provisions of this act shall be placed in the state highway fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 33κ
Assembly Bill No. 162Committee on Roads and Transportation.
CHAPTER 34
AN ACT authorizing and directing the department of highways of the State of Nevada to convey certain state property to Herbert E. Nuttall and Josephine M. Nuttall in exchange for property now owned by said Herbert E. Nuttall and Josephine N. Nuttall, all in the city of Wells, State of Nevada.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the execution and delivery to the State of Nevada, for the use of the department of highways, by Herbert E. Nuttall and Josephine M. Nuttall, of a good and sufficient deed of conveyance of the following described property located in the city of Wells, Elko county, Nevada:
All of lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of block 15 of the first addition to the town of Wells (now the city of Wells) as said lots are laid out and delineated upon the official plat of said first addition to the town of Wells which was filed for record in book 1 of maps, file No. 5279, in the records of Elko county, Nevada; the department of highways, on behalf of the State of Nevada, is authorized and directed to make, execute and deliver to said Herbert E. Nuttall and Josephine M. Nuttall a good and sufficient deed to the following described property located in the city of Wells, Elko county, Nevada:
All of lots 11, 12, 13, 14, 15 and 16 of block 15 of the first addition to the city of Wells (formerly the town of Wells) as said lots are laid down and delineated on the official plat of said town of Wells (now the city of Wells) on file in the office of the county recorder of said county of Elko.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 145Committee on Roads and Transportation.
CHAPTER 35
AN ACT authorizing and directing the department of highways of the State of Nevada to convey certain state property to V. D. Eachus and Ann Eachus in exchange for property now owned by said V. D. Eachus and Ann Eachus in Clark county, Nevada.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the execution and delivery to the State of Nevada, for the use of the department of highways, by V. D. Eachus and Ann Eachus, of a good and sufficient deed of conveyance of the following described property located in Clark county, Nevada: A portion of the SE 1/4 of the NE 1/4 of section 27, T.
κ1953 Statutes of Nevada, Page 34 (CHAPTER 35, AB 145)κ
SE 1/4 of the NE 1/4 of section 27, T. 20 S., R. 61 E., M.D.B. & M., more particularly described as follows:
Beginning at a point on easterly property line and fence of the present state maintenance yard; said point of beginning further described as bearing N. 60°51′12″ W., a distance of 1140.65 feet from the east one-quarter corner of said section 27; said point of beginning further described as bearing N. 0°26′17″ W., along the fence and property line, a distance of 294.49 feet from the southeast corner of the present state maintenance yard; thence N. 0°26′17″ W., along said fence and property line, a distance of 340.00 feet to a point; thence N. 89°58′46″ E., along the fence, a distance of 475.70 feet to a concrete monument with a nail in the top; thence S. 0°05′44″ W., a distance of 340.00 feet to a point; thence S. 89°58′50″ W., a distance of 472.53 feet to the point of beginning, containing 3.69 acres, more or less. Excepting therefrom all rights to any oil discovered beneath the surface of said parcel, but no reservation is made to drill wells thereon. Said conveyance is made subject to an easement for right-of-way over the westerly twenty (20) feet of said parcel and an easement for power line over the easterly five (5) feet of said parcel; the department of highways, on behalf of the State of Nevada, is authorized and directed to make, execute and deliver to said V. D. Eachus and Ann Eachus a good and sufficient deed to the following described property located in Clark county, Nevada: A portion of the NW 1/4 of the SE 1/4 of the NE 1/4 of section 27, T. 20 S., R. 61 E., M.D.B. & M., and being all except the easterly six feet of that certain parcel of land conveyed to the State of Nevada on January 22, 1927, by W. J. Stewart and Mina Stewart, the conveyance therefor being filed for record at page 88 of book 12 of deeds, records of Clark county, Nevada, more particularly described as follows:
Beginning at the intersection of the west boundary of the SE 1/4 of the NE 1/4 of said section 27 with the left or westerly forty-six (46) foot right-of-way line of state highway route 6, at a point 42 feet left of and at right angles to highway engineers station O 140+59.06 P.O.T.; said point of beginning further described as bearing S. 38°42′40″ W., a distance of 2117.17 feet from the northeast corner of said section 27; thence N. 0°02′ E., along the aforesaid west boundary of the SE 1/4 of the NE 1/4 of section 27, a distance of 315.22 feet to the northwest corner of said SE 1/4 of NE 1/4 of section 27; thence N. 89°15′55″ E., along the north boundary of said SE 1/4 of the NE 1/4 of section 27 a distance of 167.77 feet to a point on the aforesaid left or westerly forth-six (46) foot right-of-way line of state highway route 6; thence S. 27°53′06″ W., along said right-of-way line a distance of 359.06 feet to the point of beginning, containing 0.607 acres, more or less. Together with all of the buildings and appurtenances located thereon excepting therefrom the watchmans house and such movable stores and equipment as states division engineer may designate.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 35κ
Senate Bill No. 84Committee on Aviation, Transportation and Highways.
CHAPTER 36
AN ACT authorizing the state highway department to expend a sum of money not to exceed $15,000 for an additional cost of construction of a certain test highway.
[Approved March 3, 1953]
Whereas, By the provisions of that certain act of the legislature entitled, An act authorizing the state highway department to enter into reciprocal agreements with the highway department of western states and the bureau of public roads of the United States for testing the life of certain highways, and making an appropriation therefor, approved March 20, 1951, being chapter 209, Statutes of Nevada 1951, the state highway department was authorized to enter into reciprocal agreements with the highway departments of any or all of the other western states, and the bureau of public roads of the United States, for the purpose of providing for and conducting road tests on flexible oil mix constructed highways to determine the life thereof; and
Whereas, By the further provisions of the above-mentioned act, the state highway department was authorized to expend from the state highway fund for the purposes aforesaid an amount not to exceed $15,000; and
Whereas, After the choice of an Idaho site, the preparation of plans and the execution of necessary contracts, the cost of such test road was actually doubled; and
Whereas, The other western states participating in the authorized program have paid the necessary increased costs and the test road has been completed and tests are now in progress; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state highway department, when authorized by its board of directors, is hereby authorized to expend from the state highway fund an amount not to exceed $15,000 to pay this states proportionate share of the increased cost of the test road authorized in that certain act entitled, An act authorizing the state highway department to enter into reciprocal agreements with highway departments of western states and the bureau of public roads of the United States for testing the life of certain highways, and making an appropriation therefor, approved March 20, 1951, being chapter 209, Statutes of Nevada 1951.
Sec. 2. This act shall become effective upon passage and approval and shall expire June 30, 1955.
________
κ1953 Statutes of Nevada, Page 36κ
Senate Bill No. 72Senator Reid.
CHAPTER 37
AN ACT authorizing the board of county commissioners of Storey county to lease for a term not to exceed twenty years the fourth ward school property; permitting any member of said board to vote on any agreement for the lease of said property; and other matters properly relating thereto.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Irrespective of any other provision of law, the board of county commissioners of Storey county, Nevada, is hereby authorized to lease the fourth ward school property for a term or terms not exceeding twenty (20) years; provided, that, before entering into any agreement for the lease of said property as heretofore set forth, the board of county commissioners shall publish notice of its intention so to do in the official newspaper of said county at least once a week for a period of thirty (30) days; said notice shall specify a regular meeting to be held after completion of such publication, at which meeting any person may appear, and no such lease shall be entered into by said board until the publication and meeting heretofore provided for shall be had; and provided further, that such lease must provide that the said property shall be operated as a museum for the preservation of objects of permanent interest.
Sec. 2. Any member of the board of county commissioners of Storey county, Nevada, may vote on any lease entered into under the provisions of this act, notwithstanding the fact that the term of said lease or contract of sale may extend beyond his or her term of office.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed insofar as the same apply to or interfere with the provisions of this act, and not in any other particular.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 86Senator Reid.
CHAPTER 38
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 3, 1953]
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 4354, 1929 N.C.L., is hereby amended to read as follows:
Section 5. Every person driving a motor vehicle shall, before changing direction, extend the left hand to give notice of his intention to change direction, or place into operation an approved signal clearly indicating the intended change of direction, and such signal shall be made at least fifty (50) feet within cities and towns and at least 300 feet on the open road before such change in direction is made.
κ1953 Statutes of Nevada, Page 37 (CHAPTER 38, SB 86)κ
indicating the intended change of direction, and such signal shall be made at least fifty (50) feet within cities and towns and at least 300 feet on the open road before such change in direction is made. The various types and brands of directional signals, directional lights, or other directional devices shall be approved by the commissioner before they may be used on vehicles in lieu of the prescribed hand signal. Any person violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 65Senators Lemaire and Whitacre.
CHAPTER 39
AN ACT to amend an act entitled, An act concerning the Nevada state library, providing for the administration and organization of the Nevada state library, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 19, 1951.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act is hereby amended by adding a new section immediately after section 8, to read as follows:
Section 8a. The state librarian is hereby authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state for library purposes. Such federal funds shall be deposited in the state treasury in a fund to be known as the state library federal fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 11Committee on Mining.
CHAPTER 40
AN ACT authorizing the directors of the Nevada state bureau of mines to enter into cooperative agreements with the United States geological survey for the purpose of investigating mineral and geological conditions within the state and in the topographic and geologic mapping thereof.
[Approved March 3, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The director of the Nevada state bureau of mines for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States geological survey for cooperation in investigating mineral and geological conditions within the state and in the topographic and geologic mapping of Nevada; provided, however, that the expenses of such work shall be divided between the parties upon a basis whereby the State of Nevada will not pay more than 50 percent of said expenses.
κ1953 Statutes of Nevada, Page 38 (CHAPTER 40, SB 11)κ
Sec. 2. Funds to carry out the provisions of this act shall be provided by direct legislative appropriation from the general fund.
Sec. 3. All claims against such appropriated funds shall be approved by the director of the Nevada state bureau of mines, and when thereafter approved by the state board of examiners shall be paid in the same manner as other claims against the state.
Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 61White Pine County Delegation.
CHAPTER 41
AN ACT to amend an act entitled, An act designating the various classes of bonds and other securities in which the funds of the state and its various departments, institutions, and agencies, and of the state insurance funds, except those whose investment is expressly governed by the Nevada constitution, and except those which are received from the federal government or pursuant to federal law and whose investment is governed thereby, may be lawfully invested, and other matters relating thereto, approved March 29, 1943, as amended.
[Approved March 4, 1953]
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 of chapter 191, 1943 Statutes of Nevada, as amended, is amended to read as follows:
Section 1. Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are and hereby are declared to be proper and lawful investments of any of the funds of this state, and of its various departments, institutions, and agencies, and of the state insurance fund, except such funds or moneys as the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts, and bequests for educational purposes, fines, and from other sources, as provided for in article XI, section 3 of the constitution of this state (Nevada Compiled Laws 1929, section 148); and except also such funds or moneys thereof as have been received or which may hereafter be received from the federal government or received pursuant to some federal law and the investment of which is governed thereby: Bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, or bonds of this state or other states of the union, bonds of any county of the State of Nevada or of other states, bonds of incorporated cities in this state or in other states of the union, general obligation bonds of irrigation and drainage districts in the State of Nevada which are liens upon the property within such districts, and the value of which property is found by the board or commission making such investments to render such bonds financially sound over the above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, temporary or emergency loans authorized under the provisions of sections 3010 to 3025, N.C.L.
κ1953 Statutes of Nevada, Page 39 (CHAPTER 41, AB 61)κ
property is found by the board or commission making such investments to render such bonds financially sound over the above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, temporary or emergency loans authorized under the provisions of sections 3010 to 3025, N.C.L. 1929, as amended, to counties, cities, and school districts at an interest rate determined by the state board of finance, bonds authorized to be issued pursuant to the provisions of chapter 138, 1947 Statutes of Nevada, and loans bearing interest at a rate of not less than six percent (6%) per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three (3) times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 29Committee on Judiciary.
CHAPTER 42
AN ACT to amend an act entitled, 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 relating thereto and repealing all acts in conflict therewith, approved March 15, 1949.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act is hereby amended to read as follows:
Section 9. The judge or judges of the court in each judicial district shall, when facilities for the temporary detention of children have been established within that district, and may at any other time in their discretion, 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 or judges 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 or judges 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 a term of two years, and two for a term of three years.
κ1953 Statutes of Nevada, Page 40 (CHAPTER 42, SB 29)κ
that of those first appointed, one shall be appointed for a term of one year, two for a term of two years, and two for a term 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 such probation committee may be removed for cause at any time by the judge or judges.
The duties of 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 or judges, 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 or judges.
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 or judges shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of the 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 or judges.
g. The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 2. Section 12 of the above-entitled act is hereby amended to read as follows:
Section 12. Any person may file a petition as hereinafter provided. The probation officer shall investigate all cases reported to him, and if, after such investigation he shall determine that a petition should be filed, he shall proceed as hereinafter provided.
κ1953 Statutes of Nevada, Page 41 (CHAPTER 42, SB 29)κ
The probation officer shall also investigate the facts of a petition filed by any other person and report the same to the court.
A petition shall be filed in the juvenile division of the district court. The proceedings 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. 3. This act shall become effective from and after passage and approval.
________
Senate Bill No. 64Senators Lemaire and Whitacre.
CHAPTER 43
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 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 317 of the above-entitled act, being section 317, of chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 317. Certificates of Teachers. All teachers certificates and life diplomas shall be granted by the state board of education; provided, that all teachers certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law.
Bureau of Certification Established. The state board of education may issue certificates to all persons qualified to receive the same under the rules and regulations of said board; it is hereby authorized to provide for and establish a certification bureau in the department of public instruction, and to provide for the employment of a competent assistant. The state superintendent of public instruction shall be administrator of said certification bureau, without extra compensation.
Board to Fix Fees. The state board is hereby authorized to fix fees for the issuance and renewal of certificates and for the issuance of life diplomas. Fees for issuing duplicate certificates or diplomas shall be the same as for issuing the originals.
Proceeds From Fees to go Into Certification Bureau Fund. The moneys received from fees collected under the provisions of this chapter shall be paid into the general fund.
κ1953 Statutes of Nevada, Page 42 (CHAPTER 43, SB 64)κ
moneys received from fees collected under the provisions of this chapter shall be paid into the general fund. Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent of public instruction before they are paid.
________
Senate Bill No. 66Senators Lemaire and Whitacre.
CHAPTER 44
AN ACT to amend an act entitled, An act to provide for the government of the state prison of the State of Nevada, approved March 7, 1883, as amended.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act is hereby amended by adding a new section immediately after section 7, to read as follows:
Section 7a. The prison revolving fund in the sum of $1,500 is hereby created, and may be used for the payment of small prison bills and bills requiring immediate payment, and for no other purposes. The warden is hereby authorized to deposit the said revolving fund in one or more banks of reputable standing. Payments made from the prison revolving fund shall be promptly reimbursed from appropriated funds of the prison on claims as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 67Senators Lemaire and Whitacre.
CHAPTER 45
AN ACT to repeal an act entitled, An act providing for the establishment and maintenance of a state postwar reserve fund; making an appropriation therefor; providing for transfers to said fund; making and fixing a tax levy to provide therefor, and other matters relating thereto, approved March 24, 1943, as amended.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act providing for the establishment and maintenance of a state postwar reserve fund; making an appropriation therefor; providing for transfers to said fund; making and fixing a tax levy to provide therefor, and other matters relating thereto, approved March 24, 1943, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
κ1953 Statutes of Nevada, Page 43 (CHAPTER 45, SB 67)κ
Sec. 2. All money remaining and unexpended in the postwar reserve fund on the effective date of this act shall be transferred to the general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 97Senators Black and Frank.
CHAPTER 46
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 of this state in conflict herewith; and other matters relating thereto, enacted November 7, 1944, as amended.
[Approved March 6, 1953]
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 section 1 of chapter 317, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 14. Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for the purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the old-age assistance fund out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state department, the full amount necessary to pay 45% of the nonfederal share of old-age assistance, after deducting federal matching, to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county.
κ1953 Statutes of Nevada, Page 44 (CHAPTER 46, SB 97)κ
the full amount necessary to pay 45% of the nonfederal share of old-age assistance, after deducting federal matching, to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated old-age assistance fund of..............................................county, naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.
It shall be the duty of said treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.
Sec. 2. Section 15 of the above-entitled act, being section 2 of chapter 317, Statutes of Nevada 1951, 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 provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the states 55% of the nonfederal share of the assistance payment. Such fund in the state treasury shall be known and designated as the 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. Administrative expenses shall be paid out of funds provided by appropriation by the legislature from the general fund, the money so appropriated to be deposited in the fund known as the state welfare fund of the state treasury, and disbursements shall be made upon claims duly filed, audited, and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the director of the state welfare department before they are paid.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 98Senator Johnson.
CHAPTER 47
AN ACT authorizing the state librarian to expend the sum of $399.59 for books, magazines and general support of the state library during June, 1953.
[Approved March 6, 1953]
Whereas, By the provisions of section 23 of that certain act entitled, An act making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 19521953, approved March 22, 1951, being chapter 279, Statutes of Nevada 1951, there was apportioned from the appropriation therein made for the state library the sum of $500 for Nevada Compiled Laws; and
κ1953 Statutes of Nevada, Page 45 (CHAPTER 47, SB 98)κ
1953, approved March 22, 1951, being chapter 279, Statutes of Nevada 1951, there was apportioned from the appropriation therein made for the state library the sum of $500 for Nevada Compiled Laws; and
Whereas, From July 1, 1952 to the present date there has been expended from the sum of $500 so apportioned the sum of $100.41; and
Whereas, Nevada Compiled Laws are no longer published and are unavailable; and
Whereas, The state library has definite need for additional moneys for the purchase of books and magazines and for general support; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. During the period June 1 to June 30, 1953 the state librarian is authorized to expend the sum of $399.59, which sum represents the remaining balance of $500 apportioned from the moneys appropriated for the support of the state library by section 23 of that certain act entitled, An act making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1952-1953, approved March 22, 1951, being chapter 279, Statutes of Nevada 1951, for Nevada Compiled Laws. The moneys herein authorized to be expended shall be used by the state librarian for the purchase of books and magazines for the state library and for the general support of the state library.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 125Mr. Hawes.
CHAPTER 48
AN ACT to amend an act entitled, An act to limit the cost of state-owned automobiles, to provide for their labeling and use for official purposes only, and fixing a penalty for violation thereof, approved February 6, 1933, as amended.
[Approved March 6, 1953]
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 6941.01, 1929 N.C.L. 1941 Supp., as last amended by chapter 174, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 1. All automobiles hereafter purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost not to exceed two thousand five hundred dollars as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in on it. No automobile may be purchased by any such department, office, bureau, official or employee thereof, except with the prior consent in writing of the state board of examiners, and all such automobiles shall be used for official purposes only and all such automobiles except such automobiles as are maintained for and used by or under the authority and direction of the state board of pardon and parole commissioners, auditors and investigators of the gambling tax division of the Nevada tax commission, and one automobile used by the Nevada state prison, shall be labeled on both sides thereof by painting the words for official use only thereon in plain lettering and placing a facsimile of the great seal of the State of Nevada thereon, to be not less than twelve (12) inches in diameter and the same shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible.
κ1953 Statutes of Nevada, Page 46 (CHAPTER 48, AB 125)κ
and direction of the state board of pardon and parole commissioners, auditors and investigators of the gambling tax division of the Nevada tax commission, and one automobile used by the Nevada state prison, shall be labeled on both sides thereof by painting the words for official use only thereon in plain lettering and placing a facsimile of the great seal of the State of Nevada thereon, to be not less than twelve (12) inches in diameter and the same shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The motor vehicle commissioner shall furnish each state department or officer with such stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on said automobile, charging the necessary costs thereof to each department or officer so furnished.
All departments, offices, bureaus, or officials of the State of Nevada shall cause to be placed the words, for official use only, and the facsimile of the seal on all automobiles under their jurisdiction on or before June 1, 1949.
________
Assembly Bill No. 134Mr. Coulthard.
CHAPTER 49
AN ACT to amend 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.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 32 of the above-entitled act, being section 2965, N.C.L. 1929, is hereby amended to read as follows:
Section 32. The clerk of the supreme court shall, on the first Monday of each quarter, pay to the state treasurer all moneys received by him for court fees, rendering to said treasurer a brief note of the cases in which the same were received. The money so received by the treasurer shall be placed in the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 113Mr. Higgins.
CHAPTER 50
AN ACT to make uniform the law on photographic copies of business and public records as evidence and other matters properly relating thereto.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law.
κ1953 Statutes of Nevada, Page 47 (CHAPTER 50, AB 113)κ
course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.
Sec. 2. This act shall be so interpreted and construed as to effectuate its general purpose of making uniform the law of those states which enact it.
Sec. 3. This act may be cited as the uniform photographic copies of business and public records as evidence act.
Sec. 4. All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 99Elko County Delegation.
CHAPTER 51
AN ACT authorizing the several county auditors and county treasurers of the State of Nevada to use facsimile signatures whenever the necessity may arise.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Each county auditor and each county treasurer is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of county commissioners, subject to the following conditions:
(a) That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place;
(b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents;
(c) That all of the mechanical devices shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
κ1953 Statutes of Nevada, Page 48 (CHAPTER 51, AB 99)κ
Sec. 2. No facsimile signature produced through a mechanical device authorized by the provisions of this act shall be combined with the signature of another officer.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 222State Institutions and Building and Construction.
CHAPTER 52
AN ACT making an appropriation of $2,500 for the purchase of a truck for the Nevada state prison.
[Approved March 6, 1953]
Whereas, There has been made available to the Nevada state prison a large amount of used building materials if the said materials can be removed by inmates and employees of the Nevada state prison; and
Whereas, The Nevada state prison is without the necessary equipment to remove said building materials; and
Whereas, The removal of said materials and their acquisition will be of great benefit to the Nevada state prison and result in a saving to the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For a period ending June 30, 1953, there is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $2,500 for the Nevada state prison for the purchase of a 2-ton truck without body.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 42Mr. Ryan.
CHAPTER 53
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 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 551 of the above-entitled act, being section 9040, N.C.L. 1929, is amended to read as follows:
Section 551. In all assignments of property, whether real or personal, which shall hereafter be made by any person or chartered company or corporation, or by any person or persons, owning or leasing real or personal property, to trustees or assignees on account of inability at the time of the assignment to pay his, her, or their debts, the wages of the miners, mechanics, salesmen, servants, clerks or laborers, employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees before any other creditor or creditors of the assignor; provided, that the claims of each miner, mechanic, salesman, servant, clerk or laborer thus preferred, shall not exceed in value $600, and the services shall have been rendered or labor performed within 90 days next preceding said assignment.
κ1953 Statutes of Nevada, Page 49 (CHAPTER 53, AB 42)κ
company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees before any other creditor or creditors of the assignor; provided, that the claims of each miner, mechanic, salesman, servant, clerk or laborer thus preferred, shall not exceed in value $600, and the services shall have been rendered or labor performed within 90 days next preceding said assignment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 70Mr. Coulthard.
CHAPTER 54
AN ACT to amend an act entitled, An act in relation to courts of record, to prevent unnecessary delay in rendering judicial decisions, and repealing a certain act in conflict therewith, approved March 24, 1913.
[Approved March 6, 1953]
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 8433, N.C.L. 1929, is hereby amended to read as follows:
Section 5. Each district judge shall, before receiving any monthly salary, file with the clerk of each county within his district and with the state controller, an affidavit in which shall be set forth the number of cases, motions or other matters submitted to him as such district judge, regardless of the district in which he was sitting at the time of the submission of said cases, motions or other matters which remain undecided, and that no such case, motion or matter remains undecided which has been submitted for a period of more than ninety days.
Sec. 2. This act shall be effective upon passage and approval.
________
Assembly Bill No. 44Mr. Hawes.
CHAPTER 55
AN ACT to amend an act entitled, An act to establish a state board of pardon and parole commissioners; providing for a chief state parole and probation officer together with assistant parole and probation officers and other employees; providing salaries, including traveling and other expenses; providing duties for said personnel; providing a system of probation for defendants in criminal actions found guilty thereof in the district courts; providing that such courts may fix definite terms of imprisonment; providing for modification of probation; providing for a sytsem of withdrawing pleas of guilty upon termination of probation period; providing for an appropriation therefor, and other matters properly relating thereto, approved March 23, 1951.
[Approved March 6, 1953]
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 chapter 320, Statutes of Nevada 1951, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 50 (CHAPTER 55, AB 44)κ
Section 6. The chief parole and probation officer may appoint assistant parole and probation officers as hereinbefore provided. The chief parole and probation officer, by and with the consent and approval of the board, shall prepare and conduct competitive examinations for positions to which the chief parole and probation officer shall have the power to appoint. He shall establish qualifications for admission to and rules for the conduct of such examinations. The chief state parole and probation officer shall be responsible for such reports of investigation and supervision as may be requested by the board of courts. He shall, subject to the approval of the board, divide the state into districts and assign assistant parole and probation officers to serve in the various districts and courts. He shall direct the work of the assistant parole and probation officers and other employees assigned to him. He shall formulate methods of investigation, supervision, record-keeping and reports; shall conduct training courses for the staff and shall develop policies of parole and probation work in the light of other welfare administration policies. He shall furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole and probation and shall instruct or cause to be instructed any parolee or probationer regarding the same. He shall make such reports in writing as the board shall from time to time require. At the close of each fiscal year he shall submit to the governor and to the board a report with statistical and other data of his work. He shall advise or cause to be advised the board or the court of any violator of the conditions of the parole or the probation, as the case may be, and shall perform such other duties as the board may prescribe. The chief parole and probation officer and assistant parole and probation officers shall have the full powers and authority of peace officers in every county in the state.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 111Senator Lattin.
CHAPTER 56
AN ACT authorizing the board of county commissioners of Churchill county to issue and sell bonds for the expansion and improvement of the Churchill county telephone and telegraph system; providing for the payment of interest and the retirement of said bonds; providing for the duties of certain officers in connection therewith, and other matters relating thereto.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Churchill county, State of Nevada, is hereby authorized and empowered, without other or further preliminaries and without the necessity of an election, to prepare, issue, and sell negotiable coupon bonds of Churchill county telephone and telegraph system in a sum not to exceed $125,000. Said bonds shall be known as the Churchill county telephone and telegraph system bonds.
κ1953 Statutes of Nevada, Page 51 (CHAPTER 56, SB 111)κ
Sec. 2. Said bonds shall be prepared in denominations of $1,000 and shall be numbered consecutively. They shall be made payable in lawful money of the United States of America, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, countersigned by the treasurer of Churchill county, and authenticated by the official seal of the said county. Facsimile signatures may be used on the coupons. Said bonds shall bear interest until paid at a rate not exceeding 5 percent per annum, payable semi-annually on the first days of January and July in each year. The said bonds shall be redeemed and retired consecutively in the order of their number, commencing not later than the first day of July of the second year following the date of the bonds, and annually thereafter on the first day of July in each year until the whole of said bonds shall be redeemed and retired. In no case shall any bond run for a longer period than 20 years from the date of the bonds. The board of county commissioners may provide for the redemption of any or all of said bonds prior to maturity, upon such terms and upon the payment of such premium as may be determined by the board in the resolution authorizing the issuance of said bonds. Subject to the foregoing provisions contained in this section, said board of county commissioners shall fix the various maturities of the bonds issued.
Sec. 3. The board of county commissioners is hereby authorized to sell said bonds or such number of them from time to time, at public or private sale, as the said board may determine, at not less than their par value; provided, however, that none of said bonds shall be issued or sold after three years from the effective date of this act. The resolution authorizing said bonds may contain provisions requiring the county to maintain such rate or rates as may be necessary to pay the operation and maintenance of the system and such necessary repairs as may be required to keep it in good operating condition and, in addition, sufficient to pay the principal and interest on the bonds promptly as the same respectively become due, and to provide reserves therefor.
Sec. 4. The proceeds from the sale of said bonds shall be placed in a special fund to be known as the Churchill county telephone and telegraph system bond fund, which shall be used only for carrying out the purpose of this act.
Sec. 5. To provide for the payment of said bonds and the interest thereon and reserves therefor, the board of county commissioners shall annually set aside such amount of money out of the funds of the Churchill county telephone and telegraph system as will be sufficient to pay the interest on said bonds, and to pay and retire said bonds in consecutive order as the same become due until all of said bonds and the interest thereon shall have been fully paid.
Sec. 6. If, at any time, there is insufficient money available from the net earnings of the system to pay the principal and/or interest on these bonds as the same fall due, the county commissioners shall provide funds from the general fund of the county or from any other funds available to make up the deficiency in order to prevent a default and that immediately thereafter the county shall revise a schedule of rates charged users of the telephone and telegraph system so as to provide sufficient revenues to reimburse the county general fund or funds for funds advanced to meet maturing principal and interest payments.
κ1953 Statutes of Nevada, Page 52 (CHAPTER 56, SB 111)κ
provide funds from the general fund of the county or from any other funds available to make up the deficiency in order to prevent a default and that immediately thereafter the county shall revise a schedule of rates charged users of the telephone and telegraph system so as to provide sufficient revenues to reimburse the county general fund or funds for funds advanced to meet maturing principal and interest payments.
Sec. 7. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, such officer shall cancel the same by writing across the face thereof paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.
Sec. 8. No interest shall accrue on said bonds, or any of them, after they become due and payable, provided funds for their payment are available at the place of payment.
Sec. 9. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all of the bonds and interest coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act provided.
Sec. 10. No other act providing for, relating to, or affecting the issuance of bonds by Churchill county shall be applicable to the issuance of the bonds or any matters relating thereto in this act provided, and this act shall not be construed as repealing, amending or changing any act now in effect.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 126Mr. Hawes.
CHAPTER 57
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, as amended.
[Approved March 6, 1953]
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 4435.05, 1929 N.C.L. 1941 Supp., as last amended by chapter 233, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 53 (CHAPTER 57, AB 126)κ
Section 6. (a) Every owner of a motor vehicle, trailer, or semitrailer intended to be operated upon any highway in this state shall, before the same can be operated, apply to the department for and obtain the registration thereof.
(b) Application for the registration of a vehicle herein required to be registered shall be made in the office of the department, located in the county within the State of Nevada of which the owner shall be a resident, upon the appropriate form furnished by the department, and shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine, identification and/or serial number, whether new or used, and the last license number, if known, and the state in which issued and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain such other information as may be required by the department.
(c) In the event that the vehicle to be registered shall be a specially constructed, reconstructed, or foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicants possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.
(d) In the event that the owner of a motor vehicle for which registration is applied rents or intends to rent such motor vehicle without a driver, either on a single occasion or regularly, such fact shall be stated in the application and the department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in section 20 of this act, or if the owner fail to make such agreement until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:
(1) If he apply for registration of one motor vehicle, in the sum of at least five thousand dollars, for any person injured or killed and in the sum of ten thousand dollars for any number more than one injured or killed in any one accident.
(2) If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and five thousand dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of one hundred thousand dollars for any number of motor vehicles.
The department shall cancel the registration of any motor vehicle rented without a driver whenever the department ascertains that the owner has failed, or is unable to comply with the requirements of this subdivision (d).
(e) The provisions of this act requiring the registration of certain vehicles shall not apply to special mobile equipments nor to implements of husbandry temporarily drawn, moved, or otherwise propelled upon the highways.
κ1953 Statutes of Nevada, Page 54 (CHAPTER 57, AB 126)κ
of husbandry temporarily drawn, moved, or otherwise propelled upon the highways.
(f) All motor vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district, or irrigation district in the state shall be exempt from the payment of the license fee thereon. The department shall provide suitable distinguishing plates for said vehicles, which shall be provided at cost and shall be displayed on said vehicles in the same manner as provided for privately owned vehicles. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of pardon and parole commissioners, auditors and investigators of the gambling tax division of the Nevada tax commission, and one automobile used by the Nevada state prison shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles.
Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district, or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling said vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district, or irrigation district, as the case may be, and the words for official use only have been permanently and legibly affixed to each side of said vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of pardon and parole commissioners, auditors and investigators of the gambling tax division of the Nevada tax commission, and one automobile used by the Nevada state prison.
________
Assembly Bill No. 140Mr. Coulthard.
CHAPTER 58
AN ACT to repeal section 21 of an act entitled, An act defining the duties of the state controller, approved February 24, 1866, as amended.
[Approved March 6, 1953]
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 7366, N.C.L. 1929, is hereby repealed.
________
κ1953 Statutes of Nevada, Page 55κ
Assembly Bill No. 135Mr. Coulthard.
CHAPTER 59
AN ACT authorizing the creation of insurance recovery funds in the treasury of the State of Nevada, and other matters relating thereto.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From time to time as may be necessary, insurance recovery funds may be created in the state treasury. All moneys received from insurance companies in payment of losses incurred upon buildings and other property belonging to the state shall be deposited in the aforesaid funds.
Sec. 2. Moneys in the aforesaid funds may be expended by the board, commission, or officer having control or management of the buildings or other property injured or destroyed. Moneys in the aforesaid funds may be expended only for the repair, replacement, or reconstruction of buildings or other property injured or destroyed, and said moneys shall be paid out on claims as other claims against the state are paid.
Sec. 3. Any unexpended portions remaining in the aforesaid funds on a date three years after the creation of such funds shall revert to the general fund.
Sec. 4. That certain act of the legislature of the State of Nevada entitled, An act to create a fund in the state treasury of the State of Nevada to be known as the fire insurance fund, and other matters pertaining thereto, approved March 6, 1897, is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 141Mr. Coulthard.
CHAPTER 60
AN ACT to amend an act entitled, An act to amend, revise and reenact an act entitled An act to authorize and regulate the deposit of state money in banks; to provide for the securing thereof; to provide for the conversion of securities and to repeal an act entitled An act to authorize the deposit of state money in banks in this state, and to repeal all acts and parts of acts in conflict with this act, approved February 6, 1928, as amended, being sections 7030 to 7041, inclusive, N.C.L., and all amendments thereto, approved March 30, 1935, being chapter 161 Statutes of Nevada 1935, approved March 26, 1937.
[Approved March 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being section 7029.07, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 7. All moneys deposited in any depositary bank by the state treasurer may be drawn out by a check or order of the state treasurer at any time without previous notice; provided, no withdrawal of such deposit or deposits, except by controllers warrant in the manner hereinafter set forth, shall be made by the state treasurer without the written consent of the state board of examiners.
κ1953 Statutes of Nevada, Page 56 (CHAPTER 60, AB 141)κ
at any time without previous notice; provided, no withdrawal of such deposit or deposits, except by controllers warrant in the manner hereinafter set forth, shall be made by the state treasurer without the written consent of the state board of examiners. A warrant of the state controller shall be a check of the state treasurer, and shall be paid by the depositary bank designated thereon, when registered, countersigned and the bank designated for payment thereof as hereinafter provided. The state treasurer shall keep a check register which shall separately show the amount of state money on deposit with every depositary bank, and shall list separately each and every check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 118Senator Johnson.
CHAPTER 61
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 6, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 349 of the above-entitled act, being section 349 of chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 349. All Teachers and School Officers Must Be United States Citizens. From and after the passage of this school code, the superintendent of public instruction, board of regents of the state university, county and district boards of education, and boards of school trustees are and each of them is hereby empowered and required to dismiss any teacher, instructor, principal, or superintendent, professor, or president employed in the educational department of this state who is not a citizen of the United States, or who has not declared his or her intentions to become a citizen; provided, however, the provisions of this section shall not apply to any teacher, instructor, or professor authorized to teach in the United States under the teacher exchange programs as authorized by federal laws enacted by the congress of the United States.
Sec. 2. Section 350 of the above-entitled act, being section 350 of chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 350. Educational Officers Not to Employ Noncitizens. It shall be unlawful for the superintendent of public instruction, board of regents of the state university, county and district boards of education and boards of school trustees to engage or hire any president, superintendent, principal, teacher, instructor, or professor in any of the educational departments of this state who is not a citizen of the United States; provided, however, that provisions of this section shall not apply to any teacher, instructor, or professor authorized to teach in the United States under the teacher exchange programs as authorized by federal laws enacted by the congress of the United States.
κ1953 Statutes of Nevada, Page 57 (CHAPTER 61, SB 118)κ
educational departments of this state who is not a citizen of the United States; provided, however, that provisions of this section shall not apply to any teacher, instructor, or professor authorized to teach in the United States under the teacher exchange programs as authorized by federal laws enacted by the congress of the United States.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 170Washoe County Delegation.
CHAPTER 62
AN ACT authorizing and directing the county commissioners of Washoe county, Nevada to grant certain designated property to Reno Bowl Recreation Association, Inc.; providing the term for which such grant shall be effective and providing for the payments and conditions thereof; empowering the county commissioners to make contracts for periods of time relating thereto; authorizing lessees to assign or sublease the premises in whole or in part and to grant concessions; declaring inconsistent acts not applicable insofar as they conflict; and other matters properly relating thereto.
[Approved March 7, 1953]
Whereas, The county commissioners of Washoe county, Nevada, are desirous of developing certain property owned by the county as a public park, picnic ground and public recreational area, and to construct and maintain buildings and other facilities necessary and proper for the desired use of the property; and
Whereas, The county commissioners are of the belief that the development of the area can best be accomplished by private enterprise, rather than by the use of public funds; and
Whereas, The Reno Bowl Recreation Association, Inc., a nonprofit corporation organized and existing under and by virtue of the laws of the State of Nevada, has heretofore negotiated with the county commissioners to develop the property according to the terms of a contract mutually acceptable to both parties; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Washoe county are hereby authorized and directed to enter into, and to execute on behalf of Washoe county, a good and sufficient agreement, conveying to Reno Bowl Recreation Association, Inc., a nonprofit corporation, an exclusive use and right to operate facilities on the premises described as:
All that certain piece or parcel of land situate in the county of Washoe, State of Nevada, described as follows: Being the S 1/2 of the NW 1/4 of the SE 1/4, the SW 1/4 of the SE 1/4, and the S 1/2 of the SE 1/4 of the SE 1/4 of sec. 20, and the NW 1/4 of the NE 1/4 of sec. 29, all in T. 17 N., R. 19 E., M.D.B. & M., said recreational area containing 120 acres more or less.
Sec. 2. The agreement shall be fully executed on or before the 1st day of July, 1953, and shall be limited to a term of not more than 75 years from the date of the approval of this act. Upon the expiration of the term of the agreement, not exceeding 75 years as aforesaid, the property shall revert to Washoe county.
κ1953 Statutes of Nevada, Page 58 (CHAPTER 62, AB 170)κ
the property shall revert to Washoe county. The agreement shall provide that the lessee may assign the lease in whole or in part, sublet the premises in whole or in part, or grant concessions under said lease, provided that the written approval of the board of county commissioners of Washoe county is first obtained.
Sec. 3. The members of the board of county commissioners of Washoe county are hereby specifically empowered to enter into any contracts for the management of the described property, notwithstanding the limitations of that certain act entitled, An act in relation to county contracts, approved March 16, 1895, and being sections 1973 and 1974, 1929 N.C.L.
Sec. 4. All acts or parts of acts inconsistent herewith are hereby declared not applicable insofar as they may be inconsistent with the provisions of this act.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 16Senator Orr.
CHAPTER 63
AN ACT to amend an act entitled, An Act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount twenty-five thousand dollars ($25,000) for the purchase of fire-fighting equipment; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto, approved March 22, 1945, as amended.
[Approved March 7, 1953]
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 chapter 182, Statutes of Nevada 1945, as amended, is amended to read as follows: An act authorizing the board of directors of any county fire protection district to issue and sell bonds not exceeding in amount $50,000 for the purchase of fire-fighting equipment, the acquisition of property and the construction of buildings, and improvement of district-owned property; providing for an election therefor; providing for the payment thereof, and other matters properly relating thereto.
Sec. 2. Section 1 of the above-entitled act, being chapter 182, Statutes of Nevada 1945, as amended, is amended to read as follows:
Section 1. The board of directors of any county fire protection district formed under the provisions of that certain act of the Legislature of the State of Nevada entitled, An act providing for the organization of fire protection districts upon certain lands within the State of Nevada; providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 23, 1937, is hereby empowered to prepare, issue, and sell negotiable coupon bonds not exceeding in amount $50,000 exclusive of interest, for the purpose of providing funds for the purchase of fire-fighting equipment, the acquisition of property, and the construction of buildings, and improvement of district-owned property for use in their respective county fire protection districts.
κ1953 Statutes of Nevada, Page 59 (CHAPTER 63, SB 16)κ
the construction of buildings, and improvement of district-owned property for use in their respective county fire protection districts.
Sec. 3. Section 2 of the above-entitled act, being chapter 182, Statutes of Nevada 1945, is amended to read as follows:
Section 2. Said bonds shall be prepared in such denominations as the directors shall see fit and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such a manner that they can be removed upon the payments of installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds shall be signed by each member of the board of directors of each district. Said bonds shall bear interest at a rate not exceeding four percent (4%) per annum, payable annually on the first Monday in January. Said bonds shall be redeemed and retired in equal annual installments and shall be retired consecutively in the order of their numbering. The first of said bonds shall be redeemed within two years of the issue date thereof, and the last installment shall be redeemed within twenty years of the issue date of said bonds.
Sec. 4. Section 4 of the above-entitled act, being chapter 182, Statutes of Nevada 1945, is amended to read as follows:
Section 4. The board of directors of such district shall pay the proceeds from the sale of said bonds to the county treasurer of the county in which the greatest portion of the assessed valuation of such district is located, who shall keep a detailed record of same and assign the same to a special fund and who shall pay out the same for the purchase of fire fighting equipment for use in such district, the acquisition of property, and the construction of buildings and improvement of district-owned property.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 68Senator Settelmeyer.
CHAPTER 64
AN ACT to repeal an act entitled, An act providing for the division of Douglas county, Nevada, into three county boards of education districts, approved March 26, 1937, as amended, and to provide for the composition and election of the board of education of Douglas county subsequent to the enactment hereof.
[Approved March 7, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 189, Statutes of 1937, as amended by chapter 46, Statutes of 1941, is hereby repealed.
Sec. 2. After the passage and approval of this act, members of the board of education of Douglas county, Nevada, shall be elected at large from said Douglas county as provided by law; provided, however, that those members of the present board of education of Douglas county elected pursuant to the provisions of the act repealed by this act, shall continue to serve until the expiration of the term for which each was elected or until their resignation.
κ1953 Statutes of Nevada, Page 60 (CHAPTER 64, SB 68)κ
county elected pursuant to the provisions of the act repealed by this act, shall continue to serve until the expiration of the term for which each was elected or until their resignation.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 87Senator Orr.
CHAPTER 65
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 7, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 37 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is amended to read as follows:
Section 37. School Districts, Size of Limited. No single school district shall exceed in size two hundred fifty-six (256) square miles in area, except as otherwise provided for in this school code.
Sec. 2. Section 66 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is amended to read as follows:
Section 66. Dissolution of, or Withdrawal From, Consolidated School Districts. Any consolidated school district that has been organized or may hereafter be organized in the State of Nevada, and that has no outstanding bonded indebtedness, may be dissolved or disorganized as provided in section 67 of this school code. But if within any consolidated school district there is found to be a populated area not in excess of 256 square miles (and not more than 20 miles in length) having therein not less than fifteen resident children of elementary school age who are more than thirty miles by any traveled route from the school building of the consolidated district, and the consolidated district has no outstanding bonded indebtedness, a certified petition may be filed with the board of county commissioners, bearing the signatures of not less than three-fifths of the registered electors of the designated consolidated school district within said area, for the withdrawal of said area from the consolidated district without dissolution of said consolidated district. If such petition be filed, specifying the boundaries of the proposed new district, and a majority of the board of county commissioners having jurisdiction find that the conditions herein set forth for withdrawal exist, a minute order to that effect shall be entered in the record of the commissioners proceedings and a certified copy thereof shall be sent to the deputy superintendent of public instruction for the educational supervision district involved, and upon the recommendation of said deputy superintendent the board shall order the withdrawal of said area from the consolidated district and shall order the creation of the new district in the same manner provided in section 34 of this school code for the creation of a new district from unorganized territory.
κ1953 Statutes of Nevada, Page 61 (CHAPTER 65, SB 87)κ
provided in section 34 of this school code for the creation of a new district from unorganized territory.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 235Elko County Delegation.
CHAPTER 66
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.
[Approved March 7, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 1. Board of Supervisors-First Election of. The governing body of the city of Elko shall consist of a board of supervisors, composed of a mayor and four supervisors, whose first election shall be held in the manner and at the time as follows:
First-It shall be the duty of the board of county commissioners of Elko county, on or before the 5th day of April, 1917, to issue a proclamation for an election to be held within the limits of the city of Elko, said election to be held on a day to be fixed by said board of county commissioners, which shall not be less than twenty nor more than thirty days from the date of said proclamation. All of the qualified electors of the present town of Elko as described in section 1 of this act, as shown by the registered list at the last general election, shall have the right to vote at such election. Said proclamation shall state:
(a) That the qualified voters of the town of Elko shall vote on the question whether they shall accept the charter and be incorporated as a city, pursuant to the provisions as herein set forth;
(b) For the election of a mayor and four supervisors for the city of Elko, to be voted for and elected by the qualified electors of the town of Elko.
Second-The board of county commissioners shall cause the said proclamation to be published in some newspaper in the town of Elko for a period of at least ten days prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters necessary or required fully and fairly to apprise the qualified electors of said precinct of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises, including a notice of such places, which shall not be less than three, in said city of Elko, at which a full and complete copy of said proposed charter shall be on display during said period, one of which shall be the office of the county clerk of said county.
κ1953 Statutes of Nevada, Page 62 (CHAPTER 66, AB 235)κ
and complete copy of said proposed charter shall be on display during said period, one of which shall be the office of the county clerk of said county.
Third-All provisions of the law relating to general elections so far as the same can be made applicable, and not inconsistent with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.
Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least 20 days before the date of such election, pay unto the city of Elko by delivery unto the city clerk the sum of $25 as a filing fee; and in addition to paying said filing fee, the candidate shall execute and file with the city clerk coincidentally with payment of such filing fee, a verified statement showing that the candidate possesses the qualifications as required by the provisions of section 6 of chapter II of this act for the office for which he is a candidate. Each person desiring to become a candidate and who shall have paid his filing fee and filed his verified statement as herein set forth, shall be entitled to have his name placed upon the official ballot as in this act provided.
Fifth-The board of county commissioners shall authorize and direct the county clerk of said county to cause to be printed a sufficient number of ballots for said election upon which shall appear the names of the candidates for the offices above specified; also the words For the Adoption of the Charter, Against the Adoption of the Charter. The county commissioners shall, at least ten days before the election, also appoint for each ward of what has been heretofore known as Elko precinct, two inspectors and two clerks to conduct said election, and they shall conduct said election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within five days thereafter, meet and canvass said vote, and shall immediately cause to be entered upon their minutes the result of such canvass. They shall first canvass the votes for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various officers under this charter and proclaim as follows: Said board of county commissioners shall forthwith cause a certificate of election to issue to the person receiving the highest number of votes for mayor. The four candidates receiving the highest number of votes for supervisor shall be declared elected to the office of supervisor for the city of Elko by the board of county commissioners of Elko county, who shall thereupon cause a certificate of election to be issued to each of such persons. The said board of county commissioners shall cause all the expenses of printing and publishing the said proclamation and of holding such election, and such other costs and expenses as may have been necessarily incurred prior to said election in the matter of the incorporation of said city to be paid out of the town fund of Elko.
κ1953 Statutes of Nevada, Page 63 (CHAPTER 66, AB 235)κ
election, and such other costs and expenses as may have been necessarily incurred prior to said election in the matter of the incorporation of said city to be paid out of the town fund of Elko.
________
Assembly Bill No. 152Mr. Swackhamer.
CHAPTER 67
AN ACT authorizing and directing the state controller to transfer the sum of $1,000 from the salaries expense item to travel item in the 1951 appropriation for the office of superintendent of banks.
[Approved March 7, 1953]
Whereas, By the provisions of section 25 of chapter 279, Statutes of Nevada 1951, there was appropriated and apportioned for salaries in the office of superintendent of banks the sum of $33,350, and there was appropriated and apportioned for travel the sum of $5,000; and
Whereas, By the provisions of section 61 of chapter 279, Statutes of Nevada 1951, no transfer can be made to or from the sums appropriated specifically for salaries and for traveling expenses; and
Whereas, Because of added necessitous travel by the superintendent of banks in the performance of his duties as required by law during the period beginning July 1, 1951 to the present time the said sum appropriated specifically for traveling expenses has been exhausted; and
Whereas, There remains in the sum appropriated specifically for salaries sufficient fund for salaries and for traveling expenses to meet the requirements of the law for the fiscal year ending June 30, 1953; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any of the provisions of section 61 of chapter 279, Statutes of Nevada 1951 the state controller is authorized and directed to transfer from the unexpended balance remaining on hand from the sum appropriated specifically for salaries by section 25 of the aforesaid act the sum of $1,000 to the travel fund which transfer shall be used only for traveling expenses by the superintendent of banks for the period ending June 30, 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 64κ
Assembly Bill No. 66Mr. Swackhamer.
CHAPTER 68
AN ACT to amend the title of and to amend an act entitled, An act to prohibit the issuance of nonnegotiable acknowledgements of indebtedness in payment for wages due employees, and providing a punishment for the violation of the provisions of this act, approved March 15, 1911.
[Approved March 7, 1953]
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 chapter 66, Statutes of Nevada 1911, and being sections 2783 and 2784, N.C.L. 1929, is hereby amended to read as follows:
An act to prohibit the issuance of nonnegotiable acknowledgments of indebtedness in payment for wages due employees, to establish preference in payment for holders in due course of negotiable instruments issued in payment of wages and providing a punishment for the violation of the provisions of this act.
Sec. 2. There is hereby added to the above-entitled act a new section, designated section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument shall succeed to and shall have the same rights, priorities and preferences with respect to payment thereof, and shall stand in the same position, as the payee of the instrument had with respect to a claim for wages unpaid when due, and in addition to any other remedy available to the holder in due course provided by law.
Sec. 3. Section 2 of the above-entitled act being section 2784, N.C.L. 1929, is amended to read as follows:
Section 2. Any violation of the provisions of section 1 of this act shall be a misdemeanor punishable by a fine not exceeding $500.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 105Mr. Coulthard.
CHAPTER 69
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 7, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 488 of the above-entitled act, being section 11136, 1929 N.C.L., is hereby amended to read as follows:
Section 488. If the forfeiture is not discharged, as provided in the last section, the district attorney may, at any time after ninety days from the entry upon the minutes, as provided in the last section, proceed by action against the bail upon their undertaking.
κ1953 Statutes of Nevada, Page 65 (CHAPTER 69, AB 105)κ
from the entry upon the minutes, as provided in the last section, proceed by action against the bail upon their undertaking.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 72Mr. Beko.
CHAPTER 70
AN ACT to amend an act entitled, An act authorizing parents to compromise claims of minors against third persons and prescribing the procedure therefor, approved February 13, 1931.
[Approved March 7, 1953]
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 9487, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. Where a minor shall have a disputed claim for money against a third person, the father, and if the father be dead or has deserted or abandoned the minor, then the mother of said minor shall have the right to compromise such claim but before the compromise shall be valid or of any effect the same shall be approved by the district court of the county where the minor resides, or in the event that the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with said court. If the court approves such compromise, the said district court may direct the money paid to the father or mother of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be duly appointed and the money to be paid to such guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor. The clerk of the district court shall not charge any fee for filing said petition for leave to compromise or for placing the same upon the calendar to be heard by the court.
________
Assembly Bill No. 224Humboldt County Delegation.
CHAPTER 71
AN ACT authorizing and empowering the city council of the city of Winnemucca, State of Nevada, to transfer certain sums of money from the bond redemption fund of the city of Winnemucca to a special improvement fund of said city, and other matters properly related thereto.
[Approved March 7, 1953]
Whereas, At the present time there is on deposit in the bond redemption fund of the city of Winnemucca, Nevada, the sum of $5,694.58; and
Whereas, The aforesaid sum represents the balance of combined funds of the city street and highway bond redemption fund created by that certain act of the legislature entitled, An act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city; to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto, approved February 7, 1923, being chapter 9, Statutes of Nevada 1923; and the city of Winnemucca municipal swimming pool and park bond redemption fund created by that certain act of the legislature entitled, An act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the construction of a municipal swimming pool and buildings, wells, equipment and plant necessary thereto, and the purchase and improvement of land for public parks and buildings thereon within the city limits of said city of Winnemucca, and the repair and improvement of said buildings; to levy a tax for the payment of interest on said bonds and the redemption thereof; the designation of said bonds; and other matters relating thereto, approved February 4, 1929, being chapter 3, Statutes of Nevada 1929; and
κ1953 Statutes of Nevada, Page 66 (CHAPTER 71, AB 224)κ
funds of the city street and highway bond redemption fund created by that certain act of the legislature entitled, An act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city; to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto, approved February 7, 1923, being chapter 9, Statutes of Nevada 1923; and the city of Winnemucca municipal swimming pool and park bond redemption fund created by that certain act of the legislature entitled, An act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the construction of a municipal swimming pool and buildings, wells, equipment and plant necessary thereto, and the purchase and improvement of land for public parks and buildings thereon within the city limits of said city of Winnemucca, and the repair and improvement of said buildings; to levy a tax for the payment of interest on said bonds and the redemption thereof; the designation of said bonds; and other matters relating thereto, approved February 4, 1929, being chapter 3, Statutes of Nevada 1929; and
Whereas, There remains outstanding one bond in the face value of $1,000 issued under the provisions of chapter 9, Statutes of Nevada 1923, which bond shall mature in 1953, and at the time of maturity will require the payment to the holder thereof the sum of $60 interest in addition to the face amount; and
Whereas, There remains outstanding one bond in the face value of $1,000 issued under the provisions of chapter 3, Statutes of Nevada 1929, which bond has matured but the owner or owners thereof have lost said bond and cannot present the same for payment and cancellation, all as required by law; and
Whereas, By reserving in the said bond redemption fund the sum of $2,060 to cover payment of the above-described bonds and interest, there will then remain a surplus in the sum of $3,634.58; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Winnemucca, Humboldt county, Nevada, is hereby authorized, empowered and directed to transfer from the bond redemption fund the sum of $3,634.58 to a special improvement fund, which said special improvement fund may be used by the said city council for general improvements of the city of Winnemucca.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 67κ
Assembly Bill No. 53Mr. Waters.
CHAPTER 72
AN ACT designating the single-leaf pinon as the official state tree of the State of Nevada.
[Approved March 11, 1953]
Whereas, Most encyclopedic and like publications give the quaking aspen as the unofficial state tree of Nevada, such listing arising from an unknown source, and
Whereas, The quaking aspen is known to have the widest range of any tree in America, occurring as it does from Alaska to Newfoundland, and from Pennsylvania in the east to the mountains of New Mexico and California in the west, in far greater abundance than in Nevada, and
Whereas, The single-leaf pinon (Pinus monophylla) more commonly known as the pine nut tree is unique in that it is the only one-needled pine, is peculiar to the Great Basin and more particularly to Nevada and is native to every county in Nevada, and is therefore the most suitable selection as a representative tree for this state, being far more characteristic of Nevada than any other tree, and
Whereas, Thirty-three of the states of the United States have officially adopted a tree indigenous to each as a state symbol, now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain tree known as the single-leaf pinon (Pinus monophylla) is hereby designated as the official state tree of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 68κ
Assembly Bill No. 8Mr. Hawes.
CHAPTER 73
AN ACT to amend an act entitled, An Act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies, approved March 28, 1933.
[Approved March 11, 1953]
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 747.09, 1929 N.C.L., 1941 Supp., is hereby amended to read as follows:
Section 10. The affairs and business of any banking corporation organized under the laws of this state shall be managed, or controlled, by a board of directors, of not less than five in number, who shall be selected from the stockholders in January of each year, and in such manner as may be provided by the laws of the corporation. No person shall be eligible to serve as a director of any bank, organized or existing under the laws of this state, unless he shall be a bona fide owner of one thousand dollars of the stock of such bank, fully paid and not hypothecated. A majority of the board of directors of every bank shall be residents of the State of Nevada, and at least one of said directors shall reside in the county where its business is to be conducted. Any director, officer, or other person, who shall participate in any violation of the laws of this state, relative to banks, shall be liable for all damage which the said bank, its stockholders, depositors, or creditors shall in consequence of such violation, sustain. Such director, when appointed, shall take an oath that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this act, and that he is the owner, in good faith and in his own right, of the number of shares of stock required by this act, standing in his name on the books of the corporation; that the same is not hypothecated or in any way pledged as security for any loan or debt. Such oath, subscribed by the director making it and certified by the notary public before whom it was taken, shall be immediately transmitted to the superintendent of banks, and shall be filed and preserved in his office. The directors shall elect from their number a president, and shall appoint a vice president or vice presidents, and a cashier, who shall be ex officio secretary, and such other officers as may be provided for in the bylaws. Such officers shall hold their offices for the term of one year and until their successors have been elected or appointed and qualified, unless sooner removed by the board of directors.
κ1953 Statutes of Nevada, Page 69 (CHAPTER 73, AB 8)κ
have been elected or appointed and qualified, unless sooner removed by the board of directors. The board shall require the cashier and any and all officers and employees of the bank, having care of the funds, to give good and sufficient bond to be approved by them. The board of directors shall meet at least once each month in regular meeting, and at least quarterly a thorough examination of the books, records, funds, and securities held by the bank or trust company shall be made, and at each meeting of the directors, regular or special, the minutes of the previous meeting shall be read and corrected as may be desired, and thereupon signed by each director present.
________
Assembly Bill No. 270Messrs. Revert, Christensen (Washoe), Covington, Walters, Tognoni, Berrum, Shuey, Palludan, Hawes, Robins, Hardenbrook, Baldy, Higgins and Embry.
CHAPTER 74
AN ACT to amend an act entitled, An act authorizing and empowering the several boards of county commissioners within the State of Nevada to fix the amount of expense money for traveling and subsistence per day of county and township officers, representatives, and employees while traveling on official business, approved February 3, 1928.
[Approved March 11, 1953]
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 2207, N.C.L. 1929, as last amended by chapter 34, Statutes of Nevada 1939, is hereby amended to read as follows:
Section 1. When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed eight dollars per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed ten cents per mile so traveled.
Any county or township officer presenting a claim to the country for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties of this state are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 70κ
Senate Bill No. 19Senators Lemaire and Settelmeyer.
CHAPTER 75
AN ACT to amend an act entitled, An Act providing for a state budget, creating the position of director of the budget, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 21 of the above-entitled act is hereby repealed.
Sec. 2. The above-entitled act is hereby amended by adding thereto a new section, to be known as section 21, which shall immediately follow section 20 and which shall read as follows:
Section 21. Every department, institution and agency of the state government when making requests for budgets to be submitted to the federal government for funds, equipment, material or services shall have such request or budget filed in the office of the director of the budget before submitting it to the proper federal authority. When such federal authority has approved the request or budget, in whole or in part, the department, institution or agency of the state government shall resubmit it to the director of the budget for recording before any allotment or encumbrance of the federal funds can be made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 194Mr. Castle.
CHAPTER 76
AN ACT to amend an act entitled, An act concerning mortgages of personal property, providing for their filing and other matters relating thereto, and repealing certain sections, and all other acts or parts of acts in conflict herewith, approved March 8, 1923, as amended.
[Approved March 11, 1953]
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 986, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 2. Every mortgage, deed of trust or other instrument which creates a lien upon personal property, crops, or chattels, even though real property be included therein, is a chattel mortgage within the terms of this act, and when the same is executed, as required by this act, shall be entitled to filing as provided for in this act; provided, however, that the recording of any such instrument in the manner provided, by law shall, for the purposes of this act, be equivalent to filing the same in any county where such instrument shall have been so recorded.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 71κ
Assembly Bill No. 31Mr. Beko.
CHAPTER 77
AN ACT to amend an act entitled, An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, as amended.
[Approved March 11, 1953]
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 3014, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 5. In case of great necessity or emergency, the board of county commissioners, by unanimous vote, by resolution reciting the character and nature of necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency, provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until 15 days after the first publication of said notice; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by resolution of the board of county commissioners unanimously adopted without publication of such notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the state board of revenue, and the resolution of said state board of revenue shall be recorded in the minutes of the board of county commissioners; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of revenue, applicable to all counties, and which general resolution of approval shall be sufficient to be recorded in the minutes of the board of county commissioners as aforesaid; provided, further, that when, in the judgment of the county commissioners, the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general fund of the county, or a surplus in any other fund with the exception of the bond interest and redemption fund and the general road fund, the board of county commissioners is authorized, after the emergency loan is authorized as provided above, to transfer from the general fund of the county or any other fund with the exception of the bond interest and redemption fund and the general road fund money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 7 of this act and when the emergency tax is thereafter collected the amount so collected shall be immediately placed to the credit of the fund from which the money was transferred; provided, however, in cases where such general fund or other fund, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the general fund or other fund in the ordinary course of events, then said emergency tax need not be levied, collected and placed in the general fund or other fund, but such transfer shall be deemed refunded for all purposes of this act.
κ1953 Statutes of Nevada, Page 72 (CHAPTER 77, AB 31)κ
judgment of the state board of finance is or will not be needed for the purposes of the general fund or other fund in the ordinary course of events, then said emergency tax need not be levied, collected and placed in the general fund or other fund, but such transfer shall be deemed refunded for all purposes of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 195Mr. Castle.
CHAPTER 78
AN ACT to amend an act entitled, An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 186 of the above-entitled act, being section 9882.186, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 186. The executor or administrator, or any person claiming to be entitled to such conveyance or transfer, may file with the clerk of the court a verified petition setting forth the facts upon which the claim is predicated. Thereupon the clerk shall set the petition for hearing by the court, and notice thereof shall be served on the executor or administrator personally, when he is not the petitioner, and shall be published once, at least ten days before the hearing in a newspaper published in the county where the proceedings are pending, or, if there is no such newspaper, then in lieu of publication, a written notice of the hearing shall be posted at the courthouse of the county in which the proceedings are pending, at least ten days before the hearing; but if such contract was recorded before the death of the person executing it, notice of the hearing may be given by serving such notice on the executor or administrator personally, when he is not the petitioner, and posting a copy of the notice at the courthouse of the county in which the proceedings are pending, for at least ten days prior to the hearing.
________
κ1953 Statutes of Nevada, Page 73κ
Assembly Bill No. 137Messrs. Hardenbrook and Shuey.
CHAPTER 79
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.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 410 of the above-entitled act is hereby amended to read as follows:
Section 410. Texts Adopted Must Be Used in all Schools. The textbooks adopted by the state textbook commission shall be used in every public school in the state in the grades for which they are adopted, and no other books shall be used as textbooks in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the continued use of such textbooks previously approved until they become unserviceable, nor the use of supplemental books purchased by the district, nor the temporary use for try-out purposes of textbooks submitted by textbook publishers for state adoption, upon approval of the state textbook commission. Any school officer or teacher who shall violate the provisions of this school code by requiring the pupils to use textbooks other than those adopted by the state textbook commission or other texts approved as above, or by permitting the use of such other books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty ($20) dollars, nor more than one hundred ($100) dollars. All superintendents, principals, teachers, and school officers are charged with the execution of this law, and the superintendent of public instruction shall require the teachers of the several districts, or the principal thereof, to report annually as to the textbooks used in their schools.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 178Mr. Carlson.
CHAPTER 80
AN ACT to amend the title of and to amend an act entitled, An act authorizing county treasurers to place county funds in bank on open account under certain restrictions, and authorizing the withdrawal thereof by treasurers check upon the counter-signature of the county auditor, and other matters properly relating thereto, approved March 12, 1885, as amended.
[Approved March 11, 1953]
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 authorizing county treasurers and other designated county officers to place county funds in bank on open account under certain restrictions, and authorizing the withdrawal thereof by check upon the countersignature of the county auditor or otherwise, and other matters properly related thereto.
κ1953 Statutes of Nevada, Page 74 (CHAPTER 80, AB 178)κ
officers to place county funds in bank on open account under certain restrictions, and authorizing the withdrawal thereof by check upon the countersignature of the county auditor or otherwise, and other matters properly related thereto.
Sec. 2. The above-entitled act is hereby amended by adding thereto a new section, to be known as section 6, which shall immediately follow section 5, being section 2188.03, 1929 N.C.L. 1941 Supp., which shall read as follows:
Section 6. County officers of the several counties of this state, other than county treasurers, may, with unanimous consent of their bondsmen, deposit county funds received in their respective offices in any bank located at the county seat. Whenever any bondsman or bondsmen whose consent to such deposit has not been obtained in writing, such bondsman or bondmen shall be released from all responsibility on the bond of such officer, upon giving notice as required by law. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe. The balances in said banks, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash. All moneys deposited in any depository bank by such county officer may be drawn out by such officer on check payable only to the county treasurer or his order; provided, that every county assessor may also withdraw money received in payment of motor vehicle license fees by check payable to the motor vehicle division. The county officer shall keep a check register which shall show the amount of county money on deposit and shall list every check drawn upon the depository bank, numbering such checks consecutively.
Not later than the first Monday of each month, the county officer maintaining such deposit shall draw upon said deposit for the full amount of county funds deposited therein during the preceding month, such withdrawal to be by check payable to the county treasurer as aforesaid, and shall thereupon deliver such check to the county treasurer.
________
Assembly Bill No. 104Mr. Rowntree.
CHAPTER 81
AN ACT to provide for the status of a person riding in an aircraft as a guest without payment of compensation with respect to liability on the part of the pilot, owner or owners employee or agent, for injury to, death of, or loss incurred by, such person in or as a result of an accident while so riding, and other matters properly relating thereto.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No person riding in an aircraft as a guest within or above the State of Nevada, without payment for the ride or transportation, nor his personal representative, in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft, or its owner or his employee or agent, for injury, death or loss sustained while so riding as a guest unless the proximate cause of the injury, death, or loss was the intoxication, willful misconduct, or gross negligence of the pilot, crewman, owner, or employee or agent of the owner.
κ1953 Statutes of Nevada, Page 75 (CHAPTER 81, AB 104)κ
man of such aircraft, or its owner or his employee or agent, for injury, death or loss sustained while so riding as a guest unless the proximate cause of the injury, death, or loss was the intoxication, willful misconduct, or gross negligence of the pilot, crewman, owner, or employee or agent of the owner.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 29Mr. Beko.
CHAPTER 82
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, as amended.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 127 of the above-entitled act, being section 10775, N.C.L. 1929, as last amended by chapter 101, Statutes of Nevada 1933, is hereby amended to read as follows:
Section 127. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. If either party so desire, the examination must be by interrogatories direct and cross; provided, by consent of the parties the testimony may be reduced to writing in narrative form. The magistrate, if he deem it necessary for the best interests of justice, and upon the approval of the district attorney, is authorized to employ a reporter to take down all the testimony and the proceedings on said hearing or examination, and within such time as the court may designate have the same transcribed into typewritten transcript. The reporter employed as aforesaid shall be sworn by the magistrate before whom such proceedings are held to record verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript of the same into typewritten transcript. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the same in the same manner as for a transcript of testimony in the district court, which shall authenticate the transcript for all purposes of this act. Prior to the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered. When the testimony of the witness is reduced to writing in narrative form, the same must be read over to the witness and corrected as may be desired, and then subscribed by the witness; or if he refuses to sign it, the fact of such refusal, and any reasons assigned therefor must be stated, and the same must be attested by the magistrate. And such testimony so reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case such prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court.
κ1953 Statutes of Nevada, Page 76 (CHAPTER 82, AB 29)κ
his county, and in case such prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. The testimony so taken may be used by either party on the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or when his personal attendance cannot be had in court. The compensation for the services of a reporter employed as provided in this section shall be such an amount as shall be fixed by the board of county commissioners, not exceeding eight dollars per day for reporting and twenty cents per folio for transcribing an original, with two carbon copies, to be paid out of the county treasury as other claims against the county are allowed and paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 155Mr. Beko.
CHAPTER 83
AN ACT prohibiting the creation or maintenance of unsanitary conditions in or upon public places or lands, defining certain terms, providing penalties for the violation hereof, and other matters appropriate thereto.
[Approved March 11, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Every person who places, deposits, or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor.
Sec. 2. For the purpose of this act the term garbage includes any or all of the following: garbage, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
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κ1953 Statutes of Nevada, Page 77κ
Assembly Bill No. 131Mr. Wood.
CHAPTER 84
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 11, 1953]
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 4350, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. It shall be unlawful for any person or persons to drive or operate a vehicle of any kind or character in a reckless manner on any street or highway in this state; or in any other than a careful or prudent manner; or at a rate of speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the highway; or at such a rate of speed as to endanger the life, limb or property of any person; provided, that no school bus shall exceed a speed of fifty miles per hour when transporting pupils to and from school; provided, that the county commissioners of the various counties in this state may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in their county as may be deemed proper; provided, that the maximum speed of any motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed thirty miles per hour under any such ordinance. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 277Clark County Delegation.
CHAPTER 85
AN ACT relating to Clark county, Nevada, and authorizing the enlargement and betterment of the Southern Nevada Memorial Hospital of Las Vegas by the issuance of general obligation bonds authorized by a majority of the qualified electors voting at a general or special election to be held for that purpose; and prescribing certain details in connection therewith.
[Approved March 12, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In addition to the powers conferred upon the board of county hospital trustees of Clark county, Nevada, and upon the board of county commissioners of said county, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, 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, being sections 2225 to 2242, both inclusive, 1929 N.C.L., and all laws amendatory thereof or supplemental thereto, said board of county commissioners shall submit the question of issuing bonds for the enlargement, improvement, betterment, maintenance, repair or construction of the Southern Nevada Memorial Hospital of Las Vegas, following the request of said board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at a general election or at a special election to be held for that purpose, at such time and upon such notice as may be determined by said board of county hospital trustees.
κ1953 Statutes of Nevada, Page 78 (CHAPTER 85, AB 277)κ
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, being sections 2225 to 2242, both inclusive, 1929 N.C.L., and all laws amendatory thereof or supplemental thereto, said board of county commissioners shall submit the question of issuing bonds for the enlargement, improvement, betterment, maintenance, repair or construction of the Southern Nevada Memorial Hospital of Las Vegas, following the request of said board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at a general election or at a special election to be held for that purpose, at such time and upon such notice as may be determined by said board of county hospital trustees.
Sec. 2. The board of county commissioners shall, in case of a special election called for said purpose, provide a reasonable time for the registration of electors.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. If any one or more sections, sentences, clauses or parts of this act shall for any reason be questioned or held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this act, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this act so held unconstitutional and invalid, and the inapplicability and invalidity of any section, sentence, clause, or part of this act in any one or more instances shall not affect or prejudice in any way the applicability and validity of this act in any other instances.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 4Senators Lemaire and Lovelock.
CHAPTER 86
AN ACT authorizing the expenditure of appropriated funds for the support of Nevada wing 96 of civil air patrol.
[Approved March 12, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing support of Nevada wing 96 of civil air patrol as established pursuant to executive order of the president of the United States made on December 1, 1941, in carrying out crash, rescue, emergency operations, and organization and training therefor, and for cadet training activities, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment, funds may be provided by direct legislative appropriation from the general fund.
Sec. 2. All claims against such appropriated funds shall be approved by the wing commander and wing executive officer of Nevada wing 96 of civil air patrol, and when thereafter approved by the state board of examiners shall be paid in the same manner as other claims against the state.
κ1953 Statutes of Nevada, Page 79 (CHAPTER 86, SB 4)κ
board of examiners shall be paid in the same manner as other claims against the state.
Sec. 3. In the event that Nevada wing 96 of civil air patrol is disbanded by executive order of the president of the United States, any balance remaining of the appropriated funds shall revert to the general fund within 60 days after the date of such executive order.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.
________
Senate Bill No. 124Senator Brown.
CHAPTER 87
AN ACT to amend an act entitled, An act concerning conveyances, approved November 5, 1861, as amended.
[Approved March 12, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 35 of the above-entitled act, being section 1507, 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 35. Any mortgage or lien that has been or may hereafter be recorded, may be discharged or assigned by an entry on the margin of the record thereof, signed by the mortgagee or his personal representative or assignee, acknowledging the satisfaction of or value received for the mortgage or lien, and the debt secured thereby in the presence of the recorder or his deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release or assignment duly acknowledged and recorded. Such marginal discharge or assignment shall in each case be properly indexed by the recorder.
A mortgage of personal property or crops that has been filed, as prescribed in the laws of this state, may be discharged or assigned by an entry in the margin of the recorders index of such personal property or crop mortgage, opposite the indexing entry of such mortgage, together with an entry upon the face of such mortgage instrument (or certified copy or executed counterpart thereof), on file in such recorders office. Such entries must be signed by the mortgagee, or his personal representative or assignee, and shall acknowledge the satisfaction or assignment of the mortgage or lien and the debt secured thereby, and such entries shall be made and subscribed in the presence of the recorder or his deputy, who shall subscribe the same as a witness, and such entries shall be effective for all purposes to release or assign said mortgage or lien.
In the event that the mortgage or lien has been recorded by a microfilm or other photographic process, a marginal release may not be used and a duly acknowledged discharge or release of such mortgage or lien must be recorded.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 80κ
Senate Bill No. 136Committee on Education and State University.
CHAPTER 88
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.
[Approved March 12, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended by adding thereto a new section to be known as section 82.5, which shall immediately follow section 82, and shall read as follows:
Section 82.5. Whenever the board of county commissioners of any county shall so decide, maps of the school districts of any such county may be prepared; and such maps, accompanied by legal descriptions and written approval of the deputy superintendent of public instruction for that supervision district and the board of county commissioners, shall constitute the boundaries of any such school district and may be furnished to the county assessor for the purpose of making assessment rolls.
________
Senate Bill No. 119Committee on Finance.
CHAPTER 89
AN ACT to provide an additional and supplemental appropriation for the tuition and care of the deaf, dumb or blind of the State of Nevada.
[Approved March 12, 1953]
Whereas, By section 46, chapter 279, Statutes of Nevada 1951, there was appropriated for the support of the education of the deaf, dumb and blind the sum of $26,000 for tuition and care of pupils, and
Whereas, The superintendent of public instruction under the provisions of chapter 33, Statutes of Nevada 1943, is authorized to make arrangements with directors of any institution, in any state possessing institutions, for the education of deaf, dumb or blind children of this state whose relatives are unable to pay for such education, and
Whereas, The costs for children receiving such education amounted to the sum of $17,978.67 in the years 1950-1951 and has increased in the years 1952-1953, and
Whereas, There will be a deficiency in the funds to meet the costs for the fiscal year ending June 30, 1953, now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of seven thousand two hundred ($7,200) dollars as an additional and supplemental appropriation to that allowed in the budget for the tuition and care of deaf, dumb and blind pupils in out-of-state institutions.
κ1953 Statutes of Nevada, Page 81 (CHAPTER 89, SB 119)κ
dollars as an additional and supplemental appropriation to that allowed in the budget for the tuition and care of deaf, dumb and blind pupils in out-of-state institutions.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 272Elko County Delegation.
CHAPTER 90
AN ACT authorizing the board of county commissioners of Elko county, Nevada, to levy a special tax to be used by the Elko county fair board.
[Approved March 12, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Elko county is hereby authorized, subject to the limitations of this act, to levy a special tax of not to exceed one and one-half cents for the year 1953, and a special tax of not to exceed one and one-half cents for the year 1954, upon all of the taxable property within Elko county, Nevada.
Sec. 2. The special tax authorized by section 1 hereof shall be used exclusively by the Elko county fair board for building repair and reconstruction, and maintenance and improvement of grounds and improvements at the Elko county fair grounds.
Sec. 3. This act shall be effective upon passage and approval.
________
Senate Bill No. 143Committee on State Institutions.
CHAPTER 91
AN ACT authorizing and directing the governor to accept and receive for the state from the Central Pacific Railway Company a quitclaim deed to a parcel of land in Washoe county, and to execute and deliver to the railway company a quitclaim deed to a like parcel of land in said county.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The governor of this state is hereby authorized and directed to accept and receive from the Central Pacific Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Utah, a good and sufficient quitclaim deed relinquishing and quitclaiming unto the state of Nevada all its right, title and interest in and to all those certain lots, pieces and parcels of land lying and being situate in the county of Washoe, State of Nevada, more particularly bounded and described as follows:
Parcel No. 1:
A piece or parcel of land situate, lying and being in the northeast quarter of section 12, township 19 north, range 19 east, M.D.B.&M., and in the southwest quarter of section 6 and the northwest quarter of section 7, township 19 north, range 20 east, M.D.B.&M.,
κ1953 Statutes of Nevada, Page 82 (CHAPTER 91, SB 143)κ
and in the southwest quarter of section 6 and the northwest quarter of section 7, township 19 north, range 20 east, M.D.B.&M., in the county of Washoe, State of Nevada, more particularly described as follows:
Beginning at a point in the northwesterly line of the land of the Central Pacific Railway Company, at the point of beginning of the 1.18 acre parcel of land described in indenture dated May 21, 1934 between Southern Pacific Company, Central Pacific Railway Company and the State of Nevada, distant south 5° 37′ 19″ west, 437.7 feet from the northeast corner of said section 12, township 19 north, range 19 east, M.D.B.&M., and also is distant northwesterly 200 feet, measured at right angles, from the original located center line of main track of the Central Pacific Railway Company at engineers station 2676+02.5=0+00 of center line of the present most southerly main track (westward main track): Thence North 76° 54′ east along said northwesterly line of land of the Central Pacific Railway Company, parallel with and distant northwesterly, 200 feet, measured at right angles, from said original located center line of main track (now removed), 2568.6 feet, more or less, to a point in the easterly line of the said southwest quarter of said section 6; thence southerly along said easterly line of the said southwest quarter, and along the easterly line of the said northwest quarter of said section 7, a distance of 279.64 feet to a point distant 200.4 feet, northerly, measured along last said easterly line, from the center line of the present most southerly main track (westward main track) of the Central Pacific Railway Company; thence westerly, concentric with and distant radially, 200 feet northerly, from last said center line, on a curve to the left, having a radius of 11,659.2 feet (tangent to said curve at last-mentioned point bears south 89° 15′ 49″ west), an arc distance of 1218.07 feet to the most easterly corner of said 1.18 acre parcel of land described in said indenture; thence westerly along the southerly line of said 1.18 acre parcel of land, the following courses and distances: south 77° 19′ 30″ west, 1012.74 feet to a point and westerly on a curve to the right, having a radius of 735.0 feet, through a central angle of 23° 47′ (tangent to said curve at last-mentioned point is last-described course), an arc distance of 305.1 feet to the most westerly corner of said 1.18 acre parcel of land, in the northwesterly line of said land of the Central Pacific Railway Company; thence north 76° 54′ east along said northwesterly line, also in the northerly line of said 1.18 acre parcel of land, 13.51 feet to the point of beginning.
Parcel No. 2:
A piece or parcel of land, situate, lying and being in the northeast quarter of section 7, township 19 north, range 20 east, M.D.B.&M., county of Washoe, State of Nevada, being all that portion of said northeast quarter of said section 7, lying northwesterly of a line parallel with and distant 50 feet, southeasterly, measured at right angles from the original located center line of main track (now removed) of the Central Pacific Railway Company, said parallel line being described as follows:
Beginning at a point in the west line of said section 7, distant thereon south 0° 35′ west, 680.92 feet from the northwest corner of said section; thence north 76° 54′ east, 2840 feet, more or less, to a point in the northerly line of said section 7.
κ1953 Statutes of Nevada, Page 83 (CHAPTER 91, SB 143)κ
south 0° 35′ west, 680.92 feet from the northwest corner of said section; thence north 76° 54′ east, 2840 feet, more or less, to a point in the northerly line of said section 7.
Sec. 2. That for and in consideration of the relinquishing and quitclaiming to the State of Nevada by the said Central Pacific Railway Company of all its right, title and interest in and to the said parcels of land in section 1 of this act set forth, the governor is hereby authorized and directed to execute and deliver to the said Central Pacific Railway Company a good and sufficient quitclaim deed attested by the secretary of state relinquishing and quitclaiming unto said railroad company all of the states right, title and interest in and to all of that certain lot, piece and parcel of land lying and being situate in the northwest quarter of section 7, township 19 north, range 20 east, M.D.B.&M., County of Washoe, State of Nevada, more particularly bounded and described as follows:
Beginning at the point of intersection of the original located center line of main tract of the Central Pacific Railway Company with the westerly line of said northwest quarter of said section 7, distant thereon south 0° 35′ west, 629.46 feet from the northwest corner of said northwest quarter; thence north 0° 35′ east along said westerly line of said northwest quarter, 182.46 feet to a point in the southerly line of 1.18 acre parcel of land described in indenture dated May 21, 1934 between Southern Pacific Company, Central pacific Railway Company and the State of Nevada; thence easterly along said southerly line of said 1.18 acre parcel of land, on a curve to the left, having a radius of 735.0 feet, through a central angle of 19° 01′ 23″ (tangent to said curve at last-mentioned point bears south 83° 39′ 07″ east), an arc distance of 244.03 feet to a point; thence north 77° 19′ 30″ east continuing along said southerly line (tangent to last said curve at last-mentioned point), 1012.74 feet to the most easterly corner of said 1.18 acre parcel of land, in a line concentric with and distant northerly, 200 feet, measured radially from the center line of the present most southerly main track (westward main track) of the Central Pacific Railway Company; thence easterly along said concentric line, on a curve to the right, having a radius of 11659.2 feet (tangent to said curve at last-mentioned corner bears north 83° 16′ 40″ east), an arc distance of 1218.07 feet to a point in the easterly line of the said northwest quarter of said section 7; thence southerly along said easterly line of said northwest quarter, 250.46 feet to a point in the southerly line of the land described second in deed dated March 8, 1902 from the State of Nevada, and Reinhold Sadler, Samuel P. Davis and D. M. Ryan, commissioners for the care of the indigent insane, to the Central Pacific Railway Company, recorded March 18, 1902 in book 22 of deeds at page 481, Washoe county records; thence westerly along said southerly line of said land, on a curve to the left, having a radius of 11409.2 feet, through an angle of 3° 00′ 21″ (the tangent to said curve at last-mentioned point bears south 89° 12′ 25″ west), an arc distance of 598.54 feet to the most westerly corner of said land described second in said deed dated March 8, 1902, being also the most easterly corner of the land described second in deed dated March 11, 1902 from Central Pacific Railway Company to the State of Nevada, recorded in book 22 of deeds, at page 474, Washoe county records; thence south 79° 57′ 48″ west along the northwesterly line of said land described second in said deed dated March 11, 1902, a distance of 1871 feet to a point in the said westerly line of the northwest quarter of said section 7; thence north 0° 35′ east along last said westerly line, 102.92 feet to the point of beginning.
κ1953 Statutes of Nevada, Page 84 (CHAPTER 91, SB 143)κ
Central Pacific Railway Company to the State of Nevada, recorded in book 22 of deeds, at page 474, Washoe county records; thence south 79° 57′ 48″ west along the northwesterly line of said land described second in said deed dated March 11, 1902, a distance of 1871 feet to a point in the said westerly line of the northwest quarter of said section 7; thence north 0° 35′ east along last said westerly line, 102.92 feet to the point of beginning.
Sec. 3. All those lots, pieces and parcels of land relinquished and quitclaimed to the state by the said Central Pacific Railway Company as provided in section 1 of this act shall be held by the state to and for the use and benefit of the Nevada state hospital.
Sec. 4. This act shall be effective upon passage and approval.
________
Assembly Bill No. 310White Pine County Delegation.
CHAPTER 92
AN ACT granting a franchise to the city of Ely, Nevada, to supply the unincorporated town of East Ely and the inhabitants thereof with water for municipal, domestic, agricultural and other purposes, for such period of time and upon such terms and conditions, with such provisions for renewal and subject to such rates and rentals as may be fixed and established by the municipal water department, an operating agency of the city of Ely, and ratified and adopted by the city council of the city of Ely, and other matters properly relating thereto.
[Approved March 13, 1953]
Whereas, The city of Ely, a municipal corporation of the State of Nevada, organized and existing under and by virtue of that certain act entitled, An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907, being chapter 125, Statutes of Nevada 1907, and also being sections 1100 to 1212, inclusive, as amended, 1929 N.C.L., is the successor of Ely Water Company, a Maine corporation, formerly engaged in the supplying of water for domestic and other purposes to the inhabitants of the city of Ely and the unincorporated town of East Ely in White Pine county, Nevada; and
Whereas, The Ely Water Company was the holder of a franchise granted under chapter 25, Statutes of Nevada 1907, to supply such water to the inhabitants of the then town of Ely and town of Ely City, now called East Ely for a term of 35 years, which expired on February 16, 1942, and which was never renewed as to the town of East Ely; and
Whereas, The city of Ely has since July 1, 1946, continued to supply water as aforesaid to the inhabitants of the town of East Ely, without a subsisting franchise therefor, and the electors of the city of Ely on October 14, 1952, approved the issuance of $500,000 in bonds for the purpose of rehabilitating and improving the water distribution system in said city of Ely and town of East Ely, a large proportion of which sum, approximately $170,000 thereof, is contemplated to be expended in the rehabilitation of the existing distribution system within East Ely and additions thereto; and
κ1953 Statutes of Nevada, Page 85 (CHAPTER 92, AB 310)κ
expended in the rehabilitation of the existing distribution system within East Ely and additions thereto; and
Whereas, To aid in the sale of the bond issue so authorized it is considered desirable that the city of Ely obtain and have a franchise to supply water as aforesaid to the inhabitants of the said town of East Ely; and
Whereas, The municipally-owned water system, as aforesaid is administered by the Ely municipal water department, an operating agency of the city of Ely, created by ordinance, which, among others, has the power to fix and establish rates of payment for water so furnished, subject to ratification and approval by the city council of the city of Ely; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A franchise is hereby granted to the city of Ely, Nevada, to supply the unincorporated town of East Ely and the inhabitants thereof with water for municipal, domestic, agricultural and other purposes. The city council of the city of Ely shall determine the duration of such franchise, its terms and conditions, the provisions for renewal thereof, and the rates and rentals for services rendered thereunder, and shall have the power, without limiting the generality of the foregoing, to make such franchise exclusive to the extent necessary to provide reasonable assurance that the principal of and the interest on the bonds of the city of Ely issued for the purpose of improving or extending the municipal waterworks system will be paid.
Sec. 2. The territory to be supplied with water by the city of Ely, pursuant to the franchise, is more particularly described as follows:
The existing area comprised within the boundaries of the unincorporated town of East Ely as presently platted, additions thereto now existing or hereafter to be made, and territory immediately contiguous thereto.
Sec. 3. The rates and charges for services rendered said territory and the inhabitants thereof for water so supplied from the municipal waterworks system shall be fixed and established by the Ely municipal water department, acting by and through its board of water commissioners and ratified and approved by the city council of the city of Ely, and shall be fair and reasonable. In fixing and establishing such rates, there shall be taken into consideration the contemplated investment by the city of Ely of approximately $170,000 in rehabilitating, improving and extending the presently existing water distribution system within the unincorporated town of East Ely. Nothing herein contained shall be construed as requiring rates and charges for services rendered territory outside the corporate limits of the city of Ely to to be the same or uniform with those established for the same or similar services rendered within the corporate limits of the city of Ely.
Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 86κ
Assembly Bill No. 231Mr. Norris (by request).
CHAPTER 93
AN ACT creating the Nevada liquefied petroleum gas board and establishing its powers and duties; establishing safety standards in connection with liquefied petroleum gas; providing penalties for violation thereof; and other matters properly relating thereto.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The term liquefied petroleum gas, as used in this act, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same; propane, propylene, butanes, either normal butane or isobutene, and butylenes.
Sec. 2. The governor shall, from individuals associated with and having knowledge of the industry, appoint five persons for a term of four years each who, when appointed shall constitute the Nevada liquefied petroleum gas board. No more than three shall belong to the same political party.
Sec. 3. The Nevada liquefied petroleum gas board shall make, promulgate and enforce regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquid petroleum gases and specifying the odorization of said gases and the degree thereof. Said regulations shall be such as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using such materials, and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Such regulations shall be adopted by the Nevada liquefied petroleum gas board only after a public hearing thereon, held after notice given in the manner and for the time specified by said board.
Sec. 4. It is hereby declared that regulations in substantial conformity with the published standards of the national board of fire underwriters for the design, installation and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases as recommended by the national fire protection association shall be deemed to be in substantial conformity with the generally accepted standards of safety concerning the same subject matter.
Sec. 5. All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations of the Nevada liquefied petroleum gas board adopted under sections 3 and 4 of this act.
Sec. 6. No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever.
Sec. 7. It shall be unlawful for any person, firm, association, or corporation, on and after the effective date of this act to violate any of the provisions hereof or of the regulations of the Nevada liquefied petroleum gas board made pursuant hereto.
κ1953 Statutes of Nevada, Page 87 (CHAPTER 93, AB 231)κ
corporation, on and after the effective date of this act to violate any of the provisions hereof or of the regulations of the Nevada liquefied petroleum gas board made pursuant hereto. Any person, firm, association, or corporation violating any of the provisions of this act, or said regulations made hereunder shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $300.
Sec. 8. In addition to the penalties provided in section 7 of this act, any person, firm or corporation who shall violate or remain in violation of any of the provisions hereof, or of any rule or regulation promulgated by the Nevada liquefied gas board hereunder, may be directed and ordered by notice in writing setting forth the facts relating to such violation to correct said violation, notice to be given by said board through the designated officers. Such notice in writing shall be served personally upon said person or mailed by registered mail to the principal office of said person, firm or corporation or if an individual or individuals, to his or their residence. If such order is not complied with and such violation not corrected within 20 days of the date of service of said order, the said board may file in the district court of the county wherein such person or corporation may reside, or have his, their or its principal place of business, or residence, or where such violation occurs, a petition or complaint setting forth the facts relating to the making and serving of such order and praying for an injunction or in abatement, and the court upon notice and proper hearing shall make such determination thereof as shall seem necessary and proper to correct the violation and secure enforcement of said boards order. The court may issue such temporary orders pending full hearing as may seem necessary and expedient. The procedures shall be as prescribed for the securing of an injunction or for the abatement of hazards in the laws of this state or under the rules and practices of the court.
Sec. 9. No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this act or with the regulations promulgated under section 2 of this act.
Sec. 10. Every person, firm or corporation engaged in the business of installing equipment for the use of liquefied petroleum gas shall obtain a license. Application shall be made to the board, and the license shall be issued by the board when it shall appear that the applicant is reasonably qualified by experience to install equipment in a satisfactory and safe manner. The applicant shall pay to the board an application fee of $15, and an annual license fee of $10.
Sec. 11. Every person, firm or corporation engaged in the sale of liquefied petroleum gas shall obtain a license, upon application to the board, and the license shall be issued by the board when it shall appear that the applicant is reasonably qualified by experience to transport and deliver the gas, and that the equipment used by the applicant complies with the minimum safety standards established by the board. The applicant shall pay to the board an application fee of $15, and an annual license fee of $75.
Sec. 12. All application and license fees paid to the board under the provisions of this act are hereby appropriated and made available to the board, for the maintenance of an office and the carrying out of the purposes of this act.
κ1953 Statutes of Nevada, Page 88 (CHAPTER 93, AB 231)κ
the board, for the maintenance of an office and the carrying out of the purposes of this act.
Sec. 13. The board shall maintain its office at Carson City, in such space as shall be provided by the superintendent of buildings and grounds.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 85Committee on Aviation, Transportation and Highways.
CHAPTER 94
AN ACT authorizing and directing the hospital advisory board of the Nevada state hospital to execute an easement for right-of-way over certain lands to the State of Nevada, department of highways, and other matters properly relating thereto.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In consideration of the payment of the sum of $6,929.60 by the department of highways, which shall be deposited in the general fund, the hospital advisory board of the Nevada state hospital is hereby authorized and directed to make, execute and deliver a good and sufficient conveyance of easement to the State of Nevada, department of highways, to be used for highway right-of-way over and across certain parcels of state land in the county of Washoe, State of Nevada, comprising lands of the Nevada state hospital, particularly described as follows:
Parcel No. 1. A portion of lot I and lot II 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, to wit:
Beginning at the intersection of the northerly bank of the Truckee River with the centerline of the A surveyed line of federal aid urban highway No. 040310 (WA-08, Kietzke Lane, north extension) at highway engineers station A 14+72 P.O.C., said point of beginning further described as bearing S. 19°36′20″ E., a distance of 1394.67 feet from the northwest corner of said section 7; thence west along said northerly bank of the Truckee River a distance of 79.78 feet to a point on the left or northerly fifty foot highway right-of-way line; thence from a tangent which bears N. 49°45′10″ E., curving to the right along said right-of-way line with a radius of 1250 feet through an angle of 43°40′50″ an arc distance of 952.96 feet to a point which is 50 feet left of and at right angles to highway engineers station A 23+25.93 P.T.; thence S. 86°34′00″ E., along said right-of-way line, a distance of 469.81 feet to a point on the westerly property line of the State of Nevada, department of highways maintenance site, as described in that certain deed recorded at page 53, book 245 of deeds, records of Washoe county, Nevada; thence S. 0°01′10″ W., along said westerly property line a distance of 125.22 feet to a point on the right or southerly seventy-five foot highway right-of-way line; thence N.
κ1953 Statutes of Nevada, Page 89 (CHAPTER 94, SB 85)κ
right-of-way line; thence N. 86°34′00″ W. along said right-of-way line a distance of 477.25 feet to a point which is 75 feet right of and at right angles to highway engineers station A 23+25.93 P.T.; thence from a tangent which bears the last described course curving to the left along said right-of-way line with a radius of 1125 feet through an angle of 35°25′51″ an arc distance of 695.68 feet to a point on the aforesaid northerly bank of the Truckee River; thence west along said northerly bank of the Truckee River a distance of 131.71 feet to the point of beginning; containing an area of 3.935 acres, more or less.
Parcel No. 2. 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, to wit:
Beginning at the intersection of the easterly right-of-way line of asylum road with the centerline of the A surveyed line of federal aid urban highway No. 040310 (WA-08, Kietzke Lane, north extension) at highway engineers station A 35+60.25 P.O.C.; said point of beginning further described as bearing S. 4°46′00″ E., a distance of 1079.56 feet from the north quarter-section corner of said section 7; thence N. 0°01′10″ E., along said right-of-way line of asylum road, a distance of 52.52 feet to a point on the left or northerly fifty foot highway right-of-way line; thence from a tangent which bears N. 71°49′09″ E., curving to the left along said right-of-way line with a radius of 1150 feet, through an angle of 25°23′49″ an arc distance of 509.75 feet to a point which is 50 feet left of and at right angles to highway engineers station A 41+08.56 P.T.; thence N. 41°22′54″ E., along the left or northerly highway right-of-way line a distance of 569.09 feet to a point on the southerly fifty foot right-of-way line of the Central Pacific Railway Company; thence from a tangent which bears S. 87°08′04″ E., curving to the right along said Central Pacific Railway Company right-of-way line with a radius of 11,409.20 feet through an angle of 1°22′14″ an arc distance of 272.92 feet to a point on the right or southerly highway right-of-way line; thence S. 52°44′27″ W., along said highway right-of-way line a distance of 363.33 feet to a point which is 60 feet right of and at right angles to highway engineers station A 45+00.00 P.O.T.; thence S. 46°25′20″ W., along the right or southerly sixty foot highway right-of-way line, a distance of 391.43 feet to a point which is 60 feet right of and at right angles to highway engineers station A 41+08.56 P.T.; thence from a tangent which bears the last described course, curving to the right along said 60 foot right-of-way line with a radius of 1260 feet through an angle of 27°02′03″ an arc distance of 594.51 feet to a point on the aforesaid easterly right-of-way line of asylum road; thence N. 0°01′10″ E., along said right-of-way line of asylum road, a distance of 62.74 feet to the point of beginning; containing an area of 3.604 acres, more or less.
Parcel No. 3. A portion of the N 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, to wit:
Beginning at the intersection of the northerly sixty-five foot right-of-way line of the Central Pacific Railway Company with the centerline of the A surveyed line at federal aid urban highway No. 040310 (WA-08, Kietzke Lane, north extension) at highway engineers station A 49+25.70 P.O.T.; said point of beginning further described as bearing S.
κ1953 Statutes of Nevada, Page 90 (CHAPTER 94, SB 85)κ
(WA-08, Kietzke Lane, north extension) at highway engineers station A 49+25.70 P.O.T.; said point of beginning further described as bearing S. 80°13′39″ W., a distance of 1503.70 feet from the northeast corner of said section 7; thence from a tangent which bears N. 85°54′00″ W., curving to the left along said Central Pacific Railway Company right-of-way line with a radius of 11,524.20 feet through an angle of 0°40′35″ an arc distance of 136.04 feet to a point on the left or northwesterly highway right-of-way line; thence N. 56°53′25″ E., along said highway right-of-way line a distance of 220.19 feet to a point which is 60 feet left of and at right angles to highway engineers station A 50+50.00 P.O.T.; thence N. 46°25′20″ E., along the left or northeasterly 60 foot highway right-of-way line, a distance of 169.55 feet to a point on the north boundary of said section 7; thence N. 89°35′54″ E., along the north boundary of said section 7, a distance of 175.38 feet to a point on the right or southeasterly sixty foot highway right-of-way line; thence S. 46°25′20″ W., along said highway right-of-way line, a distance of 247.46 feet to a point which is 60 feet right of and at right angles to highway engineers station A 51+00.00 P.O.T.; thence S. 21°02′34″ W., along the right or southeasterly highway right-of-way line, a distance of 93.27 feet to a point on the aforesaid northerly sixty-five foot right-of-way line of the Central Pacific Railway Company; thence from a tangent which bears N. 85°14′52″ W., curving to the left along said Central Pacific Railway Company right-of-way line with a radius of 11,524.20 feet through an angle of 0°40′08″ an arc distance of 134.54 feet to the point of beginning; containing an area of 1.123 acres, more or less.
Containing in parcels No. 1, No. 2 and No. 3 a total area of 8.662 acres, more or less.
Also the right to construct and maintain the slopes of the highway fills and the backslopes of the highway cuts upon and within the property of the Nevada state hospital at all points where necessary for the construction of said highway; said fills to be constructed and maintained with 4 to 1 slopes and said cuts to be constructed and maintained with 4 to 1 backslopes or as near that ratio in each case as may be practical, and to extend in all cases as far as may be necessary beyond the right-of-way lines until natural ground level is reached.
Also the right to construct and maintain such drain ditches and dikes upon the property of the Nevada state hospital as may be necessary for the proper protection of the highway.
Also the right to make such adjustments to existing fences, ditches and existing structures in said ditches as are necessary due to the construction of said highway and as are agreed upon by the State of Nevada, department of highways, and the governing body of the Nevada state hospital.
Also the right to construct and to maintain two shoofly railroad tracks upon the property of the Nevada state hospital; said shoofly tracks to be constructed immediately northerly of the northerly sixty-five foot right-of-way line of the Central Pacific Railway Company and to serve as a by-pass for the Southern Pacific Companys trains during the construction of the highway underpass for federal aid urban highway No. 040310 (WA-08, Kietzke Lane north extension), the details of the construction, maintenance and removal of said shoofly tracks to be performed in a workmanlike manner and as are agreed upon between the State of Nevada, department of highways, the Central Pacific Railway Company and its lessee the Southern Pacific Company, and the governing body of the Nevada state hospital.
κ1953 Statutes of Nevada, Page 91 (CHAPTER 94, SB 85)κ
the details of the construction, maintenance and removal of said shoofly tracks to be performed in a workmanlike manner and as are agreed upon between the State of Nevada, department of highways, the Central Pacific Railway Company and its lessee the Southern Pacific Company, and the governing body of the Nevada state hospital.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 278Lincoln County Delegation.
CHAPTER 95
AN ACT concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act.
[Approved March 13, 1953]
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 Lincoln county, Nevada, is hereby fixed as follows, to be allowed, audited and paid semimonthly.
The county commissioners shall each receive an annual salary of $1,800. The county clerk, the county recorder, the county treasurer, the county assessor and the district attorney shall each receive an annual salary of $4,200. The sheriff shall receive an annual salary of $4,500.
Sec. 2. The sheriff shall appoint such deputies as his office may, from time to time, require, and as conditions of the county may demand. Such deputies shall receive monthly salaries to be fixed by the board of county commissioners not in excess of $320, to be allowed, audited and paid as salaries of other county officers; provided, that the sheriff may appoint other deputies who shall serve without compensation.
Sec. 3. The county assessor, the county treasurer, the county clerk, the county recorder and the district attorney may each employ a deputy or deputies, or secretary, when in their respective opinions the business of their offices requires and justifies the same, at a salary to be set by the board of county commissioners at not in excess of $250 per month, to be allowed, audited and paid as salaries of other county officers; provided, that the entire salaries paid such deputy or deputies in any one office shall not exceed $3,500 in any year.
Sec. 4. The district attorney shall be ex officio public administrator. The county recorder shall be ex officio auditor. The sheriff shall be ex officio license collector. The county clerk shall be ex officio clerk of the district court.
Sec. 5. No officer mentioned in this act shall receive any fee or commission perquisites to his own use for performance of any duty connected with his office.
Sec. 6. The sheriff and his deputies, the district attorney, the county assessor, and the county commissioners shall be allowed seven and one-half cents per mile when necessarily and actually traveling within or without Lincoln county on county business when using a personally owned automobile; provided, when any of said officers are absent from Lincoln county on county business they shall in addition receive their actual living expenses necessarily incurred.
κ1953 Statutes of Nevada, Page 92 (CHAPTER 95, AB 278)κ
assessor, and the county commissioners shall be allowed seven and one-half cents per mile when necessarily and actually traveling within or without Lincoln county on county business when using a personally owned automobile; provided, when any of said officers are absent from Lincoln county on county business they shall in addition receive their actual living expenses necessarily incurred. Claims for such mileage and actual expenses must be filed with the county clerk and if approved by the county commissioners, shall be audited and paid.
Sec. 7. That certain act of the legislature entitled, An act concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 28, 1949, and all other acts and parts of acts inconsistent herewith are hereby repealed.
Sec. 8. This act shall become effective on April 1, 1953.
________
Senate Bill No. 147Senator Lemaire.
CHAPTER 96
AN ACT fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Lander 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 sheriff of Lander county shall receive an annual salary of $3,900 and the commissions allowed by law for all collections of licenses, which salary and commissions shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid.
κ1953 Statutes of Nevada, Page 93 (CHAPTER 96, SB 147)κ
of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies, such appointments to be made with the approval of the county commissioners. The three deputies so appointed shall each receive an annual salary of $3,600.
Sec. 3. The county assessor of Lander county shall receive an annual salary of $3,900, and such fees and commissions as are allowed by law.
Sec. 4. The county recorder, as such, and as ex officio auditor, shall receive an annual salary of $3,900, and the fees allowed under the provisions of that certain 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, and being chapter 49, Statutes of Nevada 1883. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.
Sec. 5. The county treasurer shall receive an annual salary of $3,900.
Sec. 6. The county clerk shall receive an annual salary of $3,900, and such civil fees as are now allowed by law.
Sec. 7. The district attorney, as such, shall receive an annual salary of $3,900, and such fees and commissions as are now allowed by law.
Sec. 8. Each county commissioner shall receive an annual salary of $1,320 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander county shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.
Sec. 9. All annual salaries herein provided shall be payable monthly in 12 equal installments.
Sec. 10. That certain act entitled, An act fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, being chapter 158, Statutes of Nevada 1949, and all acts amendatory thereof are hereby repealed. All other acts or parts of acts in conflict with this act are hereby repealed.
Sec. 11. This act shall be effective from and after April 1, 1953.
________
κ1953 Statutes of Nevada, Page 94κ
Senate Bill No. 141Senator Wiley.
CHAPTER 97
AN ACT fixing the compensation of certain county officers of Esmeralda county, Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number and compensation of their deputies and other county employees; and repealing all acts and parts of acts in conflict herewith.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sheriff of Esmeralda county for services as sheriff shall receive an annual salary of $2,100. For his services as ex officio county assessor he shall receive an annual salary of $2,100. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive an annual salary of $1,600 as deputy sheriff and an annual salary of $1,600 as ex officio deputy county assessor. The sheriff may also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and the board of county commissioners shall fix the compensation of the deputies so appointed. In no case shall the compensation of such deputies exceed the sum of $10 per day.
Sec. 2. The county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of $3,600. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $10 per day.
Sec. 3. The county recorder and ex officio auditor shall receive an annual salary of $3,600. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $10 per day.
Sec. 4. The district attorney for his services as district attorney shall receive an annual salary of $3,600. He shall have a clerk or stenographer to be named by him at a salary of not to exceed the sum of $10 per day. When the business of his office shall require and the board of county commissioners shall deem it necessary, he may appoint a deputy who shall be paid at the rate of not to exceed $10 per day.
Sec. 5. The chairman of the board of county commissioners of Esmeralda county shall receive an annual salary of $1,500 as compensation for all services rendered as chairman of the board of county commissioners. The other members of the board of county commissioners shall each receive an annual salary of $1,200. All members of the board of county commissioners shall be paid seven and one-half cents per mile in going to and returning from the county seat when attending sessions of the board.
Sec. 6. The salaries enumerated in sections 1, 2, 3, 4 and 5 of this act shall be paid in equal monthly installments and shall be full compensation for all services and ex officio services, both civil and criminal, performed by the above-named officers. All percentages collected by the sheriff as sheriff and ex officio assessor shall be by him paid into the county treasury, and no fees of any kind or character shall be allowed the above-named officers.
κ1953 Statutes of Nevada, Page 95 (CHAPTER 97, SB 141)κ
by the sheriff as sheriff and ex officio assessor shall be by him paid into the county treasury, and no fees of any kind or character shall be allowed the above-named officers. They shall make full, true and correct reports of all fees collected by them monthly to the board of county commissioners. The county commissioners are authorized to allow the traveling expenses of all of the above-named officers when traveling either in Esmeralda county or elsewhere in the performance of the duties of their offices.
Sec. 7. That certain 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, being chapter 10, Statutes of Nevada 1929, and all acts amendatory thereto are hereby repealed.
Sec. 8. That certain act entitled, An act fixing the compensation of the county commissioners of Esmeralda county in the State of Nevada; authorizing the payment of their traveling expenses; and repealing all acts and parts of acts in conflict therewith, approved March 22, 1945, being chapter 118, Statutes of Nevada 1945, is hereby repealed.
Sec. 9. This act shall be effective on April 1, 1953.
________
Senate Bill No. 78Senator Lovelock.
CHAPTER 98
AN ACT to amend an act entitled, An act to require dealers in motor vehicles, accessories or supplies, garage keepers and motor-vehicle repair men, to keep and exhibit a record of certain motor vehicles, and making any violation of the act a misdemeanor, approved April 1, 1919.
[Approved March 13, 1953]
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 require garage keepers, trailer park keepers, parking area keepers and vehicle repair men, to make reports concerning certain vehicles, and making any violation of the act a misdemeanor.
Sec. 2. Section 1 of the above-entitled act, being section 10546, 1929 N.C.L., is hereby amended to read as follows:
Section 1. Whenever any vehicle of a type subject to registration under the laws of this state has been stored in a garage or parked in a trailer park or parking area for thirty days and the ownership of said vehicle is unknown to the keeper thereof, said keeper shall thereupon report the presence of such vehicle to the department of motor vehicles of the public service commission and to the sheriffs office of the county wherein such garage, parking area or trailer park is located.
κ1953 Statutes of Nevada, Page 96 (CHAPTER 98, SB 78)κ
of the public service commission and to the sheriffs office of the county wherein such garage, parking area or trailer park is located.
Sec. 3. Section 2 of the above-entitled act, being section 10547, 1929 N.C.L., is hereby amended to read as follows:
Section 2. Whenever a vehicle of a type subject to registration under the laws of this state has been offered for repair to any person and the damage to said vehicle indicates that said damage is the result of gunfire, the person to whom the vehicle was offered for repair shall immediately report said vehicle and condition to the sheriffs office of the county or the police department of the city wherein such garage or person is located.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 167Mr. Adams.
CHAPTER 99
AN ACT to repeal an act entitled, An act creating an advisory board of regents of the Nevada state university, and other matters properly relating thereto, approved April 1, 1947.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 268, Statutes of Nevada 1947, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 133Committee on Judiciary.
CHAPTER 100
AN ACT making certain statements of fact or opinion evidence admissible in evidence in cases of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, hospitals and other persons and institutions.
[Approved March 13, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A statement of fact or opinion on a subject of science or art contained in a published treatise, periodical, book or pamphlet shall, in the discretion of the court, and if the court finds that it is relevant and that the writer of such statement is recognized in his profession or calling as an expert on the subject, be admissible in actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, osteopathic physicians or surgeons, chiropractors, chiropodists, naturopathic physicians, hospitals and sanitaria, as evidence tending to prove said fact or as opinion evidence; provided, however, that the party intending to offer as evidence any such statement shall, not less than three days before the trial of the action, give the adverse party notice of such intention, stating the name of the writer of the statement and the title of the treatise, periodical, book or pamphlet in which it is contained.
κ1953 Statutes of Nevada, Page 97 (CHAPTER 100, SB 133)κ
opinion evidence; provided, however, that the party intending to offer as evidence any such statement shall, not less than three days before the trial of the action, give the adverse party notice of such intention, stating the name of the writer of the statement and the title of the treatise, periodical, book or pamphlet in which it is contained.
Sec. 2. This act shall become effective on passage and approval.
________
Senate Bill No. 95Committee on Banks, Banking and Corporations.
CHAPTER 101
AN ACT to amend an act entitled, An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefore; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies, approved March 28, 1933, as amended.
[Approved March 16, 1953]
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 747.17, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 18. It shall be unlawful for any director, officer or employee of any bank, directly or indirectly, for himself or as the agent of others, to borrow money in excess of $250 from such bank or trust company, unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting, and all the proceedings relating thereto shall be recorded at length in the records of the bank, and shall immediately be reported in writing to the superintendent of banks.
Sec. 2. Section 66 of the above-entitled act, being section 747.65, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 66. It shall be the duty of the superintendent of banks, or one of his deputies, at least once every six months, and oftener if he deems it advisable, to make, or cause to be made, a full and careful examination and inquiry into the condition of each and every bank subject to the provisions of this act, and for such purposes may take charge on the premises of the assets of the bank or any portion thereof, if the need should arise, for the purpose of satisfying himself that the provisions of this act having reference to the safety of the creditors, depositors, and stockholders of such bank are being duly observed, and that the bank is in a sound financial condition; provided, however, that the superintendent of banks may adopt as his report of an examination the written report of an examination made by any federal agency having jurisdiction of and making an examination of said state banks.
κ1953 Statutes of Nevada, Page 98 (CHAPTER 101, SB 95)κ
that the superintendent of banks may adopt as his report of an examination the written report of an examination made by any federal agency having jurisdiction of and making an examination of said state banks. The superintendent of banks and his deputies shall have the right of access to the books, accounts, documents, vouchers, and securities of the bank, and shall be entitled to require and receive from the officers, directors, and employees of the bank such information and explanation as he deem necessary for the performance of his duties. For these purposes the superintendent of banks and his deputies are hereby authorized and empowered to administer oaths, and to examine under oath the owners, stockholders, directors, and all officers and employees and agents of such banks or other persons. The results of such examinations and inquiries shall be by the superintendent of banks or his deputies making the same, reduced to a written report and signed, which report shall contain a true and detailed statement of the condition of such bank, and shall also contain the following:
(a) A full statement of any violation of any of the provisions of this act;
(b) A description and comment on all assets and liabilities which in the opinion of said superintendent of banks may be subject to criticism;
(c) A classification of assets showing which are of doubtful collectibility.
Upon the preparation of the report as aforesaid, the superintendent of banks shall forthwith serve a copy thereof on each member of the board of directors of said bank, and shall thereupon file the said report with the state board of finance, together with an affidavit showing service of the same upon each member of the board of directors of said bank. Another copy thereof shall be kept on file in the office of the superintendent of banks. Within a reasonable time after the receipt of said report by the state board of finance, it shall review the same and, if in its judgment it discloses any violation of the provisions of this act on the part of said bank, or if it appears from said report that there are certain conditions existing which should be corrected by said bank, the state board of finance shall direct the superintendent of banks to, and he shall forthwith in writing, call the matter to the attention of each member of the board of directors with instructions to correct said condition.
Sec. 3. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 99κ
Senate Bill No. 129Committee on Livestock.
CHAPTER 102
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 16, 1953]
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, as amended, being section 11 of chapter 168, 1947 Statutes of Nevada, is amended to read as follows:
Section 11. The term employee excludes:
(a) Any person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer.
(b) Any person engaged in household domestic service, farm, dairy, agricultural, or horticultural labor, or in stock or poultry raising, except as otherwise provided herein.
(c) All stockholders in corporations whose business is exclusively that of ranching, agricultural or farming, and who receive compensation for services rendered the corporation provided that the stock of the corporation is not dealt in on the market, or is not sold for the purpose of financing the corporation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 28Messrs. Byrne, Revert, Covington, and Adams.
CHAPTER 103
AN ACT authorizing a state authority appointed by the governor to enter into certain agreements with the federal security administration concerning social security coverage for certain state and political subdivision workers, creating a certain revolving fund, and other matters properly connected therewith.
[Approved March 16, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act:
1. Public agency means the state and any city, county, city and and county, district, school district, municipal or public corporation or any instrumentality thereof, the employees of which constitute a coverage group.
κ1953 Statutes of Nevada, Page 100 (CHAPTER 103, AB 28)κ
2. Coverage group has the meaning given that term by the provisions of section 218 of title 2 of the social security act and applicable federal regulations adopted pursuant thereto, and state employees eligible under the federal law.
Sec. 2. The governor, within 30 days after the effective date of this act, shall designate one appointive officer who is the administrative officer of a department or agency of the State of Nevada, who shall be the state authority for the purpose of this act, and who shall, upon application by any public agency in accordance with the provisions of this act, execute on behalf of the state an agreement or modifications of such agreement, with the federal security administrator for the coverage of employees of such public agency under the insurance system established by title 2 of the social security act in conformity with the provisions of section 218 thereof, and of applicable federal regulations adopted pursuant thereto.
Sec. 3. The agreement shall include each coverage group as to which formal request for such inclusion is made by the legislative or governing body of the employing public agency pursuant to this section, prior to the effective date of the agreement, or any modification thereof.
The legislative or governing body of every public agency may, upon the affirmative vote of a majority of the eligible employees of such coverage group, make formal application to the state authority for inclusion of the eligible employees of such public agency in the agreement or any modification thereof.
Sec. 4. Every public agency included in the agreement pursuant to the provisions of this act shall be liable for the contributions required of an employer under the provisions of section 1410 of the internal revenue code.
Sec. 5. Every public agency included in the agreement may withhold from wages and salaries paid by them to officers and employees covered by the agreement that portion required to be withheld from the salaries and wages of employees under the provisions of section 1400 of the internal revenue code.
Sec. 6. The state authority shall promulgate regulations, not inconsistent with the provisions of this act, necessary to provide proper procedures to effectuate the provisions of this act in conformity with section 218 of title 2 of the social security act and federal regulations adopted pursuant thereto. Such regulations shall include procedures to determine the extent of coverage within separate coverage groups, and prescribing the manner and method of filing reports and paying contributions required under the agreement.
Sec. 7. The state authority may designate other state offices and agencies to assist in the administration of the provisions of this act and may enter into interagency agreements covering any such services.
Sec. 8. To effectuate the purposes of this act, there is created in the state treasury a special fund to be known as the social security revolving fund. The state treasurer is directed to transfer from the general fund to the social security revolving fund the sum of $750. Any expenditures from said fund shall be made only for the purpose of paying premiums on social security tax payments when the same are due, and no part or portion thereof shall be used for administrative expenses.
κ1953 Statutes of Nevada, Page 101 (CHAPTER 103, AB 28)κ
are due, and no part or portion thereof shall be used for administrative expenses. When payments are received from the public agency and employees involved, such payments shall be placed in said revolving fund. The fund hereby created shall be a continuing one, and shall not revert without further legislative enactment.
Sec. 9. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 264Committee on Ways and Means.
CHAPTER 104
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 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 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, as amended.
[Approved March 16, 1953]
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 section 14 of chapter 192, 1947 Statutes of Nevada, as amended by section 10 of chapter 105, 1951 Statutes of Nevada, is amended to read as follows:
Section 14 (a). No stamp tax shall be required on any cigarettes exported from Nevada. Each wholesale dealer may set aside such portion of his stock of cigarettes as is not intended to be sold or given away in this state and it will not be necessary to affix the above-mentioned stamps or tax impressions. Upon proof satisfactory to the Nevada tax commission refund shall be allowed for the face value of the stamp tax paid, less any discount previously allowed on any such stamp tax so paid, upon cigarettes that are sold to the United States government for army, air force, navy, or marine purposes and which shall be shipped from a point within this state to a place which has been lawfully ceded to the United States government for army, air force, navy, or marine purposes, or which shall be sold to veterans hospitals for distribution or sale to disabled service or ex-service men interned therein but not to civilian or civilian employees, and such refund shall be paid as other claims against the state are paid.
(b) No stamp tax shall be required respecting any cigarettes obtained from a wholesaler licensed under this act for sale at retail in cases where federal immunity from taxation exists, including among others the case to qualified customers or patrons of post exchanges, officers messes and federalized territory within the state for whose benefit such post exchanges, officers messes or enclaves shall have been set up. Retailers shall not sell cigarettes to persons who are not beneficiaries of such immunity without making provision for paying the tax due thereon in the manner following.
κ1953 Statutes of Nevada, Page 102 (CHAPTER 104, AB 264)κ
not beneficiaries of such immunity without making provision for paying the tax due thereon in the manner following.
Retailers customarily selling some part of their stock of goods to civilians and others not beneficiaries of federal immunity shall purchase a supply of three-cent Tax Due stickers or stamps and on making such exceptional sales affix the proper stamps on the package when sold. Superfluous stamps may be returned to the tax commission from time to time for redemption at face value.
(c) Any person, organization or institution, selling or in any way distributing cigarettes upon which the stamp tax provided for by this act is not required, must first procure from the Nevada tax commission a license so to do. The Nevada tax commission is authorized to make rules and regulations, consistent with the provisions of this act, regarding the sale and/or distribution of tax free cigarettes. The said commission shall issue without charge the license provided for herein, and shall have the right to revoke or suspend such license for an abuse of the use thereof; provided, however, that before suspension or revocation the licensee shall have due notice and an opportunity for a hearing before the commission. A wholesale dealer must have knowledge of the issuance of the license required hereby before selling any tax free cigarettes to a retailer or distributor in this state.
(d) In no event shall tax free cigarettes be in any way distributed by any coin operated cigarette vending machine.
________
Assembly Bill No. 371Clark County Delegation.
CHAPTER 105
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.
[Approved March 16, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2. Officers-Elective. From and after the first day of March 1953, the elective officers of the city of Las Vegas shall consist of a mayor, four commissioners, a city attorney, and a judge of the municipal court.
Sec. 2. Section 3 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3. Officers, 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.
κ1953 Statutes of Nevada, Page 103 (CHAPTER 105, AB 371)κ
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.
On the first Tuesday after the first Monday in May 1939, and on the same day every four 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 four 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 four 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 four 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. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated 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 the class to which he desires to become 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.
κ1953 Statutes of Nevada, Page 104 (CHAPTER 105, AB 371)κ
the number of the class to which he desires to become 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. 3. Section 6 of chapter II of the above-entitled act as last amended by chapter 193, Statutes of Nevada 1951, is hereby further amended to read as follows:
Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city attorney, and the judge of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of Clark county for at least two years immediately preceding the year in which said election is held. No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.
Sec. 4. Section 10 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10. Mayor, Commissioners, and Municipal Judge-Salary of. From and after the first Monday of June 1949, the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of $2,400 per annum; each of the commissioners shall receive the sum of $1,800 per annum; the city attorney shall receive the sum of $6,000 per annum; the judge of the municipal court shall receive the sum of $3,600 per annum; which shall be full compensation for all services rendered said city.
Sec. 5. Section 14 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 14. Vacancy in Office-Registration-Election of Successors. Registration by the mayor or any commissioner, the city attorney, or judge of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in said office. In case of any vacancy from any cause in the office of mayor or any commissioner, or the judge of the municipal court, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board of commissioners, although less than a quorum, who are present at a regular meeting, or special meeting called for that purpose.
κ1953 Statutes of Nevada, Page 105 (CHAPTER 105, AB 371)κ
commissioner, or the judge of the municipal court, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board of commissioners, although less than a quorum, who are present at a regular meeting, or special meeting called for that purpose.
Sec. 6. The above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended, is hereby amended by adding thereto a new section, designated section 31.1 of chapter II, which shall immediately follow section 31 of chapter II and which shall read as follows:
Section 31.1. Further Powers Generally. The board of commissioners shall also have power to provide for the collection, removal, hauling, conveying and disposal of weeds, garbage and rubbish, and to require the owners of property to remove and destroy the same and to remove and destroy the same at city expense; provided, however, that if the expense thereof should be paid by the city, the same shall be considered a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied or collected, said lien to be completed by the filing of a statement of the cost thereof together with a description of the property in the office of the county recorder of Clark county, Nevada.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 269Mr. Ryan.
CHAPTER 106
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 18, 1953]
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 4435.02, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 3. (a) It shall be the duty of the department and all officers thereof and all peace officers in this state to enforce the provisions of this act.
(b) The vehicle commissioner is hereby authorized to adopt and enforce such administrative rules and regulations and to designate such agencies as may be necessary to carry out the provisions of this act.
κ1953 Statutes of Nevada, Page 106 (CHAPTER 106, AB 269)κ
enforce such administrative rules and regulations and to designate such agencies as may be necessary to carry out the provisions of this act. He shall also provide suitable forms for applications, registration cards, license number plates and all other forms requisite for the purposes of this act, and to prepay all transportation charges thereon.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 97Messrs. Houghton and Higgins.
CHAPTER 107
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, as amended.
[Approved March 18, 1953]
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. 1941 Supp., as last amended by chapter 35, Statutes of Nevada 1949, 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, trailer or semitrailer and two number plates for every other motor vehicle. 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. The registration numbers assigned for the year 1954 and thereafter shall be coded by counties and consecutively numbered. The code letter shall be at the left of the number plate, according to the counties, as follows: Churchill, A; Clark, B; Douglas, C; Elko, F; Esmeralda, G; Eureka, H; Humboldt, J; Lander, K; Lincoln, L, Lyon, N; Mineral, P; Nye, R; Ormsby, S; Pershing, U; Storey, V; Washoe, W; White Pine, X. Prefix letters D, E, M, and T shall be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers, and trucks, as may be determined; and the letters I, O and Q shall not be used for any vehicle.
κ1953 Statutes of Nevada, Page 107 (CHAPTER 107, AB 97)κ
ers, and trucks, as may be determined; and the letters I, O and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a second letter of the alphabet and integers, commencing with A 1 to A 9999 and continuing in the same order through the alphabet, shall be used for each county as the need may be.
(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.
________
Assembly Bill No. 320Washoe County Delegation.
CHAPTER 108
AN ACT relating to the destruction of court and other public records.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provisions of law relating to the destruction of court records or other records in the office of a county clerk, the county clerk may cause to be destroyed all documents, records, instruments, books, papers, depositions and transcripts, in any action or proceeding in the district court, or otherwise filed in his office pursuant to law; provided, that
1. Ten years have elapsed since the date of the filing of the last paper therein and the records of the county clerk do not show that the action or proceeding is pending on appeal or review in any court, except that transcripts of coroners inquests, depositions and, when the written consent of the district attorney is first obtained, transcripts of preliminary hearings, may be destroyed as herein provided, when five years have elapsed since the filing thereof in the office of the county clerk and the action or proceeding in which they were filed is not pending or on appeal in any court; and that
2. The county clerk maintains for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript, so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the county clerk and properly indexed; and that
3. The county clerk promptly seals and stores at least one original negative of each microphotographic film in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 108κ
Senate Bill No. 43Senator Reid.
CHAPTER 109
AN ACT to provide the method of initiating and conducting a special election to approve or disapprove an act of the legislature abolishing a county in this state, and other matters properly relating thereto.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Approval of Act Necessary. Whenever any act of the legislature abolishes a county in this state, such act shall not become effective until approved by a majority of all the qualified voters of the county affected voting at a special election to be called for that purpose.
Sec. 2. County Commissioners to Call Special Election. The board of county commissioners of the county affected shall, within 60 days after the approval of the act by the governor, cause an election to be held at the various places of voting in the county. The county commissioners shall give notice of the special election by publication once a week for four weeks in some newspaper published in the county or by posting written or printed notices at the several voting precincts in the county. The notice shall state the time and place of holding the election, and for what purpose such election is held.
Sec. 3. Printing and Form of Ballots. The board of county commissioners shall authorize and direct the county clerk to cause to be printed a sufficient number of ballots for the election. The title of the act shall be set out on the ballot and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved?
Sec. 4. Conduct of Election. The special election shall be conducted in accordance with the provisions of the law relating to general elections so far as the same can be made applicable.
Sec. 5. Expenses of Election. The board of county commissioners shall cause all expenses of printing, publication of notices and expenses of holding the election to be paid out of the county general fund.
Sec. 6. Canvass of Votes; Transmission of Certified Abstract. The election officers shall make returns to the board of county commissioners, who shall, within seven days thereafter, meet and canvass the vote. The county clerk must make a certified abstract thereof, seal such abstract, endorse it election returns and without delay transmit it by registered mail to the secretary of state.
Sec. 7. Abstract Filed; Result Certified to Governor. The certified abstract of such returns must be filed in the office of the secretary of state, and, if it appears therefrom that a majority of all the qualified voters voting at the election have approved the act, the secretary of state must certify the result of such vote to the governor.
Sec. 8. Proclamation by Governor. The governor must thereupon issue his proclamation, stating therein the result of the vote in the county affected, and that the act has been approved by a majority of all the qualified voters voting at the election.
κ1953 Statutes of Nevada, Page 109 (CHAPTER 109, SB 43)κ
all the qualified voters voting at the election. The act shall become effective on the date of the proclamation.
Sec. 9. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 202Miss Frazier.
CHAPTER 110
AN ACT to amend an act entitled, An act to provide local adoption of certain approved voting machines at any or all elections and all matters properly connected therewith, approved March 17, 1951.
[Approved March 18, 1953]
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 23 of chapter 136, Statutes of Nevada 1951, is hereby repealed.
Sec. 2. Section 45 of the above-entitled act, being section 45 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 45. The county commissioners adopting voting machines shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order. When not in use at an election, the county commissioners shall have the custody of the machines and of the furniture and equipment of the polling place.
Sec. 3. Section 46 of the above-entitled act, being section 46 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 46. If it is impracticable to supply each election district with a voting machine at any election following their adoption, the county commissioners may supply as many as it is practicable to procure, and may specify in which election district or precincts within their jurisdiction the machines will be used.
Sec. 4. Section 47 of the above-entitled act, being section 47 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 47. The county commissioners may provide for the experimental use, at an election in one or more precincts, of a machine which they might lawfully adopt, without its formal adoption. Its use at such election is as valid for all purposes as if it were lawfully adopted.
Sec. 5. Section 48 of the above-entitled act, being section 48 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 48. The county commissioners or the legislative bodies of incorporated cities may provide for the payment for or rental of a voting machine in such manner and method as they may deem for the best local interest.
κ1953 Statutes of Nevada, Page 110 (CHAPTER 110, AB 202)κ
Sec. 6. Section 59 of the above-entitled act, being section 59 of chapter 136, Statutes of Nevada 1951, is hereby repealed.
Sec. 7. Section 97 of the above-entitled act, being section 97 of chapter 136, Statutes of Nevada 1951, is hereby repealed.
Sec. 8. Section 110 of the above-entitled act, being section 110 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 110. The precinct board shall, as soon as the count is complete and fully ascertained, lock the machine against voting and it shall remain locked and sealed against operation until the time for filing contest of election, as provided by law, has expired.
Sec. 9. Section 112 of the above-entitled act, being section 112 of chapter 136, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 112. Whenever it appears that there is a discrepancy in the returns of any election precinct, the county commissioners shall make a record of the number of the seal and the number of the protective counter, open the counter compartment of the machine, without unlocking the machine against voting, and shall recanvass the vote cast thereon.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 311Messrs. Christensen (Washoe) and Covington.
CHAPTER 111
AN ACT to amend an act entitled, An act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.05 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2.05. Whenever a vacancy shall occur in any elective office the same shall be filled for the unexpired term until the next general city election by appointment by the mayor, subject to the confirmation by a majority vote of the whole council, in the same manner as other appointments are made, unless the filling of such vacancy be otherwise provided by law.
Whenever a vacancy shall occur in the office of mayor, the city council shall by a majority vote elect one of their number as acting mayor who shall hold said office for the unexpired term and until the election and qualification of a mayor at the next general city election. The acting mayor so elected shall possess the requisites and qualifications as hereinbefore prescribed for the mayor and shall have all of the powers and duties at all times prescribed to the mayor.
κ1953 Statutes of Nevada, Page 111 (CHAPTER 111, AB 311)κ
powers and duties at all times prescribed to the mayor. The councilman so elected as acting mayor shall thereupon resign his office as councilman.
Sec. 2. Section 2.06 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2.06. The mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance, not exceeding the sum of three thousand dollars ($3,000) per annum, payable monthly.
Sec. 3. Section 3.03 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members; provided, however, that no ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of six hundred dollars ($600) per annum for each councilman, payable monthly or semi-monthly.
Sec. 4. Section 3.10 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3.10. The city council, among other things, shall have the power:
First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.
Second-To make and pass all ordinances, resolutions, and orders not repugnant to the constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter.
Third-To levy and collect, annually, a tax of not to exceed one and three-quarters percent upon the assessed value of all real and personal property within the limits of the city, and which is by law taxable for state and county purposes.
Fourth-To sell, lease, control, improve, and take care of the real estate and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.
Sec. 5. Section 3.18 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3.18. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had, except the preliminary estimates, maps, surveys, and work hereinbefore specified.
κ1953 Statutes of Nevada, Page 112 (CHAPTER 111, AB 311)κ
made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had, except the preliminary estimates, maps, surveys, and work hereinbefore specified. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded prior to the public hearing herein provided.
Sec. 6. Section 3.27 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3.27. All special assessments may be paid in full or any portion thereof may be paid prior to recording. Any unpaid portion due after recording shall be due and payable in installments as the city council shall make payable at a future time, and suit may be commenced for the collection thereof in the name of the city of Sparks, in the manner as any other action for money owed the city of Sparks; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words justice, justice of the peace, and constable are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.
Sec. 7. The above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new section designated section 3.48, which shall immediately follow section 3.47, and shall read as follows:
Section 3.48. Whenever any public work is contracted for by the city council, a competent inspector appointed by the council shall inspect such work and submit a written report of progress at each regular council meeting.
Sec. 8. Section 4 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations.
κ1953 Statutes of Nevada, Page 113 (CHAPTER 111, AB 311)κ
shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding four thousand eight hundred dollars ($4,800) per annum payable semimonthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.
Sec. 9. Section 9.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 9.02. The chief of police shall execute all process issuing from the police court. In his absence or inability to act a chief deputy may act. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to the city, which bond shall apply in like manner to any deputy acting in his stead. Said bond shall be in a sum and conditioned as the council shall require, and be approved by the council. The duties of the chief of police may be more fully defined and provided for by such ordinances as the council may from time to time enact. The chief of police shall receive such salary or compensation as may be prescribed by the city council.
Sec. 10. Section 10 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 10. There shall be a chief of the fire department, who shall be appointed by the mayor, subject to the confirmation of the council. He shall be at least twenty-five years of age and a citizen of the United States. He shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the council with his recommendation for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the council, to appoint the necessary number of firemen as may be required by the council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall receive such salary or compensation as may be prescribed by the city council.
Sec. 11. Section 11.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 11.02. It shall be the duty of the city engineer, when instructed by the city council, to prepare plans, specifications, and cost estimates for all public improvements made within the city, as well as supervise the construction thereof. He shall recommend needed improvements to the mayor and the city council. The city engineer shall cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the mayor and the city council. He shall receive such salary or compensation as may be prescribed by the city council.
Sec. 12. That certain act entitled, An act to amend an act entitled An act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, approved March 22, 1951, and being chapter 278, Statutes of Nevada 1951, is hereby repealed.
κ1953 Statutes of Nevada, Page 114 (CHAPTER 111, AB 311)κ
defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, approved March 22, 1951, and being chapter 278, Statutes of Nevada 1951, is hereby repealed.
Sec. 13. The above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new article designated article XVII, which article shall contain a new section designated section 17, which new article and new section shall immediately follow section 16.06 and shall read as follows:
Article XVII
city manager
Section 17. 1. If, after the effective date of this act and not less than 90 days prior to the next general city election, there shall be presented to the city council a petition signed by a number of qualified city electors equal to 10 percent of the votes cast at the last general city election praying that there be submitted to a vote of the electors of the city at a special election to be called for that purpose the question: Shall the city of Sparks adopt the city manager form of municipal government? Yes............... No..............., then it shall be the duty of the city council to call a special election as soon as practicable. Such election shall be held and conducted as nearly as possible in the same manner as elections for city officers as provided in article XVI of this act.
2. If a petition praying for a special election is not presented to the city council as provided in subsection 1 of this section, then at the general city election next after the effective date of this act there shall appear upon the ballot the following question: Shall the city of Sparks adopt the city manager form of municipal government? Yes............... No...............
3. If, upon the official canvass of the special or general city election returns, a majority of the votes cast on the question are in the affirmative, the city council shall, within a period of 6 months after the election at which the city manager form of government has been approved, appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks. The city manager shall hold office at the pleasure of the mayor and council; provided, that the city manager shall not be removed from office until he shall have been granted a hearing. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the mayor and city council until the office has again been filled. Said office shall not remain vacant for a period of more than 6 months. The city manager shall receive an annual salary of not less than $5,000 nor more than $9,000, as may be fixed by the council by ordinance, and before entering on the performance of his duties shall take the official oath of office and shall execute a bond in a surety company satisfactory to the council in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council.
κ1953 Statutes of Nevada, Page 115 (CHAPTER 111, AB 311)κ
manager shall receive an annual salary of not less than $5,000 nor more than $9,000, as may be fixed by the council by ordinance, and before entering on the performance of his duties shall take the official oath of office and shall execute a bond in a surety company satisfactory to the council in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council. The city manager shall exercise all of the powers and duties delegated to him by the city council and the mayor.
4. If, upon the official canvass of the special or general city election returns, a majority of the votes cast on the question are in the negative, then article XVII and this section 17 shall be no further force and effect.
Sec. 14. This act shall be effective on passage and approval.
________
Assembly Bill No. 201Miss Frazier.
CHAPTER 112
AN ACT to amend an act entitled, An act to provide the method of voting at any general, special or primary election by qualified voters who reside in an election precinct where there were not more than twenty voters registered for the last preceding general election or in a precinct where it shall appear to the satisfaction of the board of county commissioners that there are not more than twenty qualified electors, providing penalties for the violation thereof, and other matters properly connected therewith, approved March 26, 1923.
[Approved March 18, 1953]
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 2547, N.C.L. 1929, is hereby amended to read as follows:
Section 8. Six days prior to the election in which the ballots are designated to be cast, the county clerk shall make a list of the voters, showing their precincts, who have applied for ballots in accordance with the provisions of this act, and those whose ballots have been returned. A copy of said list shall be posted in a conspicuous place in the county courthouse, a copy mailed to the registration agents of the several mailing precincts established under the provisions of this act, who shall post the same in a conspicuous public place, and a copy delivered with the mailing ballots to the inspector of the central election board, with the ballots, as provided in section 7 of this act.
________
κ1953 Statutes of Nevada, Page 116κ
Assembly Bill No. 1Mr. Hendel.
CHAPTER 113
AN ACT to provide for notifying the state engineer of any attempt to produce snowfall or rainfall by artificial means, and providing a penalty for the violation hereof.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It is unlawful for any person, firm, association, company or corporation planning to engage in the production of rainfall or snowfall by artificial means within the State of Nevada without first notifying the state engineer. Such notification must be in writing and submitted to the state engineer by registered mail.
Sec. 2. In carrying out the provisions of this act, the state engineer is herewith empowered to make reasonable rules and regulations, for the purpose of furnishing data desired for record.
Sec. 3. Any person, firm, association, company or corporation violating the provisions of this act is guilty of a misdemeanor.
Sec. 4. The provisions of section 1 shall not be construed as creating any liability or damages against the State of Nevada and/or against its officers, agents, and employees.
Sec. 5. This act shall be effective immediately upon passage and approval.
________
Assembly Bill No. 306Mr. Coulthard.
CHAPTER 114
AN ACT to amend an act entitled, An act relating to marriage and divorce, approved November 28, 1861.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 24 of the above-entitled act, as last amended by chapter 70, Statutes of Nevada 1947, is amended to read as follows:
Section 24. The court, in granting a divorce, shall make such disposition of, and provision for, the children, as shall appear most expedient under all the circumstances, and most for the present comfort and future well-being of such children; and when, at the commencement, or during the pendency, of the suit, or proceedings for modification of decree, it shall be made to appear to the court, or to the judge, in vacation, that any child of the wife, whether she be plaintiff or defendant, which is too young to dispense with the care of its mother, or other female, has been or is likely to be, taken or detained from her, or that any child of either party, has been, or is likely to be taken, or removed, by, or at the instance of, the other party, out of the country, or concealed within the same, it shall be the duty of the court, or of such judge in vacation, forthwith to order such child to be produced before him, and then to make such disposition of the same, during the pendency of the suit, as shall appear most advantageous to such child, and most likely to secure to it the benefit of the final order to be made in its behalf; and all such orders may be enforced, and made effectual, by attachment, commitment, and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case; provided, that in actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance, and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same.
κ1953 Statutes of Nevada, Page 117 (CHAPTER 114, AB 306)κ
be produced before him, and then to make such disposition of the same, during the pendency of the suit, as shall appear most advantageous to such child, and most likely to secure to it the benefit of the final order to be made in its behalf; and all such orders may be enforced, and made effectual, by attachment, commitment, and requiring security for obedience thereto, or by other means, according to the usages of courts, and to the circumstances of the case; provided, that in actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance, and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same.
Sec. 2. This act shall become effective on passage and approval.
________
Senate Bill No. 56Senator Whitacre.
CHAPTER 115
AN ACT to amend an act entitled, An act to authorize county commissioners in the several counties in this state, with the approval of the state board of finance, to transfer dormant balances in county funds, and repealing a certain act in conflict therewith, approved March 27, 1947.
[Approved March 18, 1953]
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 1971.01, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 1. The county commissioners in the several counties in this state are hereby authorized and empowered to order the transfer from any fund of such county to the general fund of the county any balance that is dormant in any fund (except the school fund) whenever the money remaining in such fund is no longer required for the purpose for which such fund was established; provided, that the county commissioners before the adoption of any such order shall forward a certified copy thereof to the state board of finance for its approval, and no such order shall become effective until approved by the state board of finance; and provided further, that when the dormant fund accrued from taxes levied upon the taxpayers of a school district, fire district, road district, cemetery district, unincorporated city or town, or other type of special assessment or taxing district, such funds shall be transferred only to the general fund thereof, and not to the general fund of the county.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 118κ
Assembly Bill No. 342Messrs. Shuey and Palludan.
CHAPTER 116
AN ACT ratifying, approving and confirming the proceedings heretofore taken by the board of county commissioners of Churchill county, Nevada, and by the Churchill public hospital trustees in submitting the question of issuing the bonds of Churchill county in the amount of $100,000 at the regular election held November 4, 1952, for the purpose of constructing and equipping an addition to the present Churchill public hospital at Fallon, Nevada, determining that said election resulted in the authorization of said bonds, and authorizing the board of county commissioners of Churchill county to issue and deliver said bonds.
[Approved March 18, 1953]
Whereas, At the regular election held on November 4, 1952, there was submitted to the qualified electors of Churchill county, Nevada, authorized to vote thereon, the question of issuing the bonds of Churchill county in an amount not exceeding $100,000 for the purpose of constructing and equipping an addition to the present Churchill public hospital at Fallon, Nevada; and
Whereas, More than a majority of the electors qualified to vote thereon voted in favor of the issuance of said bonds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All action heretofore taken and all proceedings heretofore adopted by the board of county commissioners of Churchill county, Nevada, and the Churchill public hospital trustees relating to the authorization and issuance of the bonds of Churchill county in the amount not to exceed $100,000, for the purpose of constructing and equipping an addition to the present Churchill public hospital at Fallon, Nevada, be, and the same are hereby, ratified, approved and confirmed.
Sec. 2. It is hereby determined that the issuance of said bonds was duly authorized by a vote of the electors qualified, to vote thereon, at the regular election held November 4, 1952.
Sec. 3. The board of county commissioners of Churchill county is hereby authorized and empowered to provide for the issuance and delivery of the bonds so authorized at said election in an amount not exceeding $100,000, and the bonds when issued shall constitute the legal and valid obligations of Churchill county, Nevada, notwithstanding any irregularities in any of the election proceedings, and the full faith and credit of said county is hereby pledged to the prompt payment of the principal of and the interest on said bonds as they respectively fall due. It shall be the duty of the board of county commissioners, annually in due season, to provide for the levy of taxes fully sufficient after making due allowances for probable delinquencies to insure the prompt payment of all principal and interest on the bonds as they become due. In any year in which the total taxes levied against the taxable property in Churchill county by all overlapping units in Churchill county may exceed the limitation of five cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of said section 2 of article X.
κ1953 Statutes of Nevada, Page 119 (CHAPTER 116, AB 342)κ
State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of said section 2 of article X.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Committee on State and County Affairs.
CHAPTER 117
AN ACT to amend an act entitled, An act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection; creating the office of state forester firewarden and assistant, creating a state board of fire control; providing for the appointment of district fire coordinators; defining the powers and duties of the respective boards; making an appropriation therefor, and repealing all acts and parts of acts in conflict herewith, approved March 22, 1945, as amended.
[Approved March 18, 1953]
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 chapter 149, 1945 Statutes of Nevada, as amended, is hereby amended to read as follows: An act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection; creating the office of state forester firewarden and assistant, creating a state board of fire control; providing for the appointment of district fire coordinators; defining the powers and duties of the respective boards; making an appropriation therefor; providing for civil and criminal responsibility in connection with the setting of fires, providing penalties, and repealing all acts and parts of acts in conflict herewith.
Sec. 2. The above-entitled act, being chapter 149, 1945 Statutes of Nevada, as amended, is hereby amended by adding thereto three new sections, to be numbered as separate sections, respectively, 9.1, 9.2 and 9.3, and shall read as follows:
Section 9.1. Within the boundaries of any fire district organized under this act, as amended, any person, firm, association or agency which:
1. Personally or through another, and
2. Willfully, negligently, or in violation of the law, commits any of the following acts:
a. Sets fire to,
b. Allows fire to be set to,
κ1953 Statutes of Nevada, Page 120 (CHAPTER 117, SB 53)κ
c. Allows a fire kindled or attended by him to escape to the property, whether privately or publicly owned, of another, is liable to the owner of such property for the damages thereto caused by such fire.
Section 9.2. Within the boundaries of any fire district organized under this act, as amended, any person, firm, association or agency responsible for causing such fire, or fires, may be charged with the expenses incurred in extinguishing such fire, or fires, together with the cost of necessary patrol. Such a charge shall constitute a debt of such person, firm, association or agency charged and shall be collectible by the federal, state, or county agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied. This act shall not apply to or affect any existing rights, duties, or causes of action, nor shall it apply to or affect any rights, duties or cause of action accruing prior to the date this act takes effect.
Section 9.3. Within the boundaries of any fire district organized under this act, as amended, it shall be unlawful for any person, firm, association or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tar pot or any other device that may cause a fire in forest, grass or brush, either on his own land or the land of another, or on public land, between May 1 and October 31 of any year, unless such burning or act is done under a written permit from the state forester-firewarden or his duly authorized agent and in strict accordance with the terms of the permit. It is further provided, however, that written permission shall not be necessary to burn materials in screened, safe incinerators, or in incinerators approved by the state forester-firewarden or his duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fires at all times during its burning. Nothing in this section is to be construed to prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district.
No provision of this section is to be construed to prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving and in any case where the fire may escape and do injury to the property of another, this may be held as prima-facie evidence that such fire was not safe.
The provisions of this section are to apply only to such portions of the fire district as are outside incorporated cities and towns.
Any person, persons, firm, association, corporation or agency violating any of the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor and punished by law.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 121κ
Assembly Bill No. 208Mr. Ivers.
CHAPTER 118
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.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 166 of the above-entitled act is hereby amended to read as follows:
Section 166. Vehicles in Good Condition. All the vehicles used in such transportation of pupils must be in good condition and state of repair, well equipped, and with sufficient room and seats that the driver of each such vehicle and each and every pupil being so transported shall have a seat inside such vehicle in which he or she is being transported; and each of them shall remain seated therein at all times when such vehicle is in motion.
Operation Thereof and of Approaching Vehicles. Each school bus, when operated for the transportation of school pupils, shall bear upon the front and rear thereof a plainly visible sign containing the words school bus in letters not less than four (4) inches in height, except that on any school bus purchased or repainted after the effective date of this school code, said words shall not be less than eight (8) inches in height. Upon every such sign the letters shall be of proportionate width. No vehicle, other than a school bus, shall display such a sign.
Every such school bus shall be equipped with a mechanical appliance, either automatic, or hand-operated, on the drivers side, to be extended outward when stopping, as a warning to drivers of other vehicles, that such bus is about to stop.
Every school bus when operated for the transportation of school children shall be equipped with first aid kit, an ax, and a fire extinguisher containing an extinguishing substance other than tetrachloride, and shall have a flashing red light signal system of a type to be approved by the safety division of the public service commission. The driver of a school bus shall operate this signal at all times when children are unloading from a school bus to cross a street, highway or road or when a school bus is stopped for the purpose of loading children who must cross a highway, street or road to board said bus. Such signal may be used in time of emergency or accident, but shall not be operated at any other time. Such signal system shall be installed at the expense of the school, school district, or operator, for which each such bus is operated. On and after July 1, 1953, each newly purchased school bus shall be equipped with a rear escape door of a type to be approved by the safety division of the public service commission.
The driver of any vehicle upon a highway, street or road upon meeting or overtaking from either direction any school bus equipped with signs and signals as herein required which has stopped on a highway, street or road for the purpose of receiving or discharging any school children when such school bus displays a flashing red light signal visible from front and rear shall bring such vehicle to a stop immediately before passing said school bus and shall not proceed past such school bus until said red flashing signal ceases operation.
κ1953 Statutes of Nevada, Page 122 (CHAPTER 118, AB 208)κ
children when such school bus displays a flashing red light signal visible from front and rear shall bring such vehicle to a stop immediately before passing said school bus and shall not proceed past such school bus until said red flashing signal ceases operation. The driver of a vehicle upon a highway, street or road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the latter is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic signal.
Misdemeanor. Every violation of the foregoing requirements of this section, or any of them, shall constitute a misdemeanor; and every person so violating said requirements, or any of them, shall upon conviction thereof, be punished by fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail of the county where such misdemeanor was committed for not less than fifteen (15) days nor more than six (6) months, or by both such fine and imprisonment, as determined by the justice of the peace trying the case.
Stops at Railroad Crossings and Other Safety Matters. Every school bus and every other motor vehicle transporting any pupil of any school in this state shall, upon approaching any railroad grade crossing, be brought to a full stop within fifty (50) feet, but not less than fifteen (15) feet, from the nearest rail of any such railroad grade crossing, either main line or switch rail, and shall not proceed until the driver of such school bus or of such other motor vehicle while so transporting any pupil shall have listened and looked in both directions along such track or tracks for any approaching locomotive and railway car or train, or either or any of them, and has thereby ascertained that the course across such track or tracks is clear and safe for such pupils and such vehicle and has in that way used not only due but extraordinary caution for the safety of such pupils and property. All such crossings shall be made only in such gear of such vehicle that there shall be no necessity or reason for changing gears while traversing or crossing such railroad grade crossing and such gears shall not be changed while making such crossing. Nothing contained in this paragraph of this section shall relieve or be so construed as to relieve the driver of any such motor vehicle or school bus of the duty and responsibility in any case of the exercise of such caution to ascertain that the course is clear and safe over such crossing before approaching and proceeding over it. The requirements of this paragraph of this section shall be observed and complied with by every such driver notwithstanding the presence or absence of mechanical protection or warning or of any human flagman or watchman at such crossing to direct or warn persons crossing such track or tracks of danger.
Misdemeanor. Any person violating any of the foregoing provisions of the last above paragraph of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred ($100) dollars or more than five hundred ($500) dollars, or by imprisonment in the county jail of the county in which convicted for not less than fifty (50) days or more than six (6) months, or by such fine and imprisonment, as determined by the justice of the peace trying the case.
κ1953 Statutes of Nevada, Page 123 (CHAPTER 118, AB 208)κ
than six (6) months, or by such fine and imprisonment, as determined by the justice of the peace trying the case.
Drivers of Good Character-Their Age, Qualifications and License. Only such persons as are of good and reputable character and sobriety, at least eighteen (18) years of age, competent and qualified by experience and disposition to operate in a safe and dependable manner the particular type of vehicle they are to drive, and duly licensed to operate it, all as provided for in the so-called drivers license law, sometimes called the Uniform Motor Vehicle Operators and Chauffeurs License Act, of this state, being the 1941 Statutes of Nevada, chapter 190, beginning at page 529, compiled as N.C.L. 1931-1941 Supplement, secs. 4442-4442.51, as amended, may be employed as drivers of any school bus, station wagon, automobile, or other motor vehicle or mechanically or self-propelled vehicle of any kind or designation whatsoever, while transporting pupils to and from school or elsewhere in connection with school activities, all of which shall be done in accordance with said act and in the manner specified therein and in the other laws of this state relating to the driving and operation of motor vehicles.
Pupils as Drivers. School boards may use as such drivers, the pupils, either boys or girls, or both, attending the respective schools under the supervision of such boards, who are at least eighteen (18) years of age or comply with the provisions of 1943 Statutes of Nevada, page 49, chapter 31, and have the consent of the parents or guardians of such pupils prior to such use, and who are of good character and sobriety and are reputable, reliable, competent, experienced and qualified in all respects as specified in the immediately preceding paragraph of this section; and such school boards may arrange or contract, in writing, with the parents or guardians of such pupils for such services of such pupils as such drivers, upon such terms, conditions and provisions and for such compensation as such school boards deem most economical and for the best interests of such schools and all the pupils, patrons and other persons affected therein.
All such drivers, whether pupils or other persons, shall comply with and meet all the requirements of the laws of this state relating to or regulating the driving and operation of motor vehicles in this state, including also said so-called drivers license law, as amended, and the above-mentioned chapter 31 of the 1943 Statutes of Nevada, some of such requirements being a valid operators or chauffeurs license in accordance therewith, physical and mental ability to operate such a motor vehicle as the one he or she is to drive with safety upon the roads and highways in this state and with safety to the public, and have had at least one (1) year of driving experience of motor vehicles prior to the issuance of his or her drivers license.
No person shall employ as a driver of any motor vehicle while in use to transport pupils any person not licensed to drive such a motor vehicle as provided for in said so-called Drivers License Law, as amended, and the above-mentioned chapter 31 of the 1943 Statutes of Nevada.
Misdemeanor. It is hereby made a misdemeanor for any person:
κ1953 Statutes of Nevada, Page 124 (CHAPTER 118, AB 208)κ
1. To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered operators or chauffeurs license;
2. To lend his operators or chauffeurs license to any other person, or knowingly permit the use thereof by another;
3. To display or represent as ones own any operators or chauffeurs license not issued to him;
4. To fail or refuse to surrender to the drivers license division of the state highway department, upon its lawful demand any operators or chauffeurs license which has been suspended, revoked, or canceled;
5. To use a false or fictitious name in any application for an operators or chauffeurs license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
6. To permit any unlawful use of an operators or chauffeurs license issued to him; or
7. To do any act forbidden or fail to perform any act required by this chapter.
License and Insurance. Every such driver of any school bus, station wagon, automobile or other motor vehicle or self-propelled vehicle, whether a pupil or other person, used in the transportation of school pupils to and from school or elsewhere in connection with school activities, shall have a valid and existing drivers license in accordance with and as provided for in said so-called Drivers License Law, as amended, and the above-mentioned chapter 31 of the 1943 Statutes of Nevada, and every school board of any kind or nature whatsoever in this state shall obtain and keep in full force and effect on motor vehicles owned by the school district such insurance as is provided for in section 164 of this school code.
________
Assembly Bill No. 279Washoe County Delegation.
CHAPTER 119
AN ACT to regulate the fees of the county clerk of Washoe county, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county clerk of Washoe county shall charge and collect the following fees:
1. On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, $17.
This fee shall be in addition to the $3 court fee and $10 state civil fee as provided by law.
κ1953 Statutes of Nevada, Page 125 (CHAPTER 119, AB 279)κ
2. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, $10.
For every additional defendant, appearing separately, $5.
3. On the filing of any paper in intervention, $10.
4. On the filing of a petition for letters testamentary or of administration or guardianship to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
(a) Where the stated value of the estate is more than $400 and less than $3,000, $15.
(b) Where the stated value of the estate is in excess of $3,000, $25.
(c) Where the stated value of the estate is less than $400 no fee shall be collected.
5. On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting other than that specified by subsection 6 of this section, $5.
6. On filing a petition to contest any will or codicil, to be paid by the petitioner, $15.
7. On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services to be rendered in connection with the motion, $5.
8. For issuing an execution or order of sale in any action, $1.
9. For filing a notice of appeal and appeal bonds, each, $1.
10. For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage, $2.50.
11. For any copy of any record, proceeding or paper on file in the office of the clerk, when the copy is typed by him, per folio, 20 cents.
When the copy is photostated, for the first page, 75 cents.
For each additional page photostated, 50 cents.
12. For each certificate of the clerk, under the seal of the court, $1.
13. For filing remittitur from the supreme court, $1.
For recording judgment entered thereon, per folio, 20 cents.
14. For issuing transcript of judgment and certifying thereto, $1.
15. For filing and docketing abstract of judgment of a justices court, $1.
For issuing execution thereon, $1.
16. For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk, $1.
For comparing such copy with the original, per folio, 5 cents.
17. For filing and indexing articles of incorporation, $2.50.
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement, $1.
18. For filing and recording a bond of a notary public, $2.50.
19. For administering each oath, without a certificate, except in a pending action or proceeding, 50 cents.
κ1953 Statutes of Nevada, Page 126 (CHAPTER 119, AB 279)κ
20. For taking any affidavit, except in criminal cases, 50 cents.
21. For searching records of files in the office of the clerk, for each year, 50 cents.
No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records of files in the office of the clerk.
22. For taking acknowledgments, $1.
Sec. 2. The county clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or the county of Washoe or any city or town within said Washoe county, or any officer thereof in his official capacity.
Sec. 3. The fees set forth in section 1 of this act shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
Sec. 4. No fee shall be charged by the county clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 5. All fees prescribed in this act shall be payable in advance if demanded by the county clerk.
Sec. 6. An act entitled, An act to regulate the fees and compensation of the county clerk of Washoe county, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith, approved March 23, 1909, as amended, is hereby repealed.
Sec. 7. This act shall be effective upon passage and approval.
________
Assembly Bill No. 89Elko County Delegation.
CHAPTER 120
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 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 2225-2242, N.C.L. 1929, as amended, is hereby amended by adding thereto a new section to be numbered 1.1 and to read as follows:
Section 1.1. In all cases where county hospitals have been heretofore erected in any of the several counties of this state, under or by virtue of any act of the legislature other than this act, and have been heretofore governed and administered by the county commissioners, or otherwise, the board of county commissioners is hereby authorized and empowered to forthwith appoint a board of trustees for such county hospital, and thereafter all the provisions of this act relative to the maintenance of hospitals, election of hospital trustees, maintenance of a training school for nurses, provision for suitable care for such hospitals and disabled persons, and the administration and government of county hospitals and patients therein shall be immediately applicable and controlling with respect to the future administration, control and government of such hospital in like manner and with the same force and effect as if an election had been duly held in accordance with the provisions of section 1 of this act, and a majority of all the votes cast had been in favor of establishing such hospital.
κ1953 Statutes of Nevada, Page 127 (CHAPTER 120, AB 89)κ
the maintenance of hospitals, election of hospital trustees, maintenance of a training school for nurses, provision for suitable care for such hospitals and disabled persons, and the administration and government of county hospitals and patients therein shall be immediately applicable and controlling with respect to the future administration, control and government of such hospital in like manner and with the same force and effect as if an election had been duly held in accordance with the provisions of section 1 of this act, and a majority of all the votes cast had been in favor of establishing such hospital.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 80Mr. Coulthard.
CHAPTER 121
AN ACT to repeal an act entitled, An act to encourage and promote improvement in quality of live stock in the State of Nevada; to create the Nevada State livestock show board, and to provide for a state livestock show, approved March 29, 1929, as amended.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act to encourage and promote improvement in quality of live stock in the State of Nevada; to create the Nevada state livestock show board, and to provide for a state livestock show, approved March 29, 1929, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 253Elko County Delegation.
CHAPTER 122
AN ACT to amend an act entitled, An act creating coroner districts, making the justices of the peace ex officio coroners, 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.
[Approved March 18, 1953]
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 11441, 1929 N.C.L., as last amended by chapter 116, Statutes of Nevada 1949, 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; 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, regardless of the type or ownership of the conveyance employed and the number of persons conveyed, fifteen cents; for swearing each witness, twenty cents; for taking down testimony, or causing same to be taken under his direction, per folio, twenty cents; for each day necessarily employed in holding an inquest or conducting an investigation in connection therewith, ten dollars.
κ1953 Statutes of Nevada, Page 128 (CHAPTER 122, AB 253)κ
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, regardless of the type or ownership of the conveyance employed and the number of persons conveyed, fifteen cents; for swearing each witness, twenty cents; for taking down testimony, or causing same to be taken under his direction, per folio, twenty cents; for each day necessarily employed in holding an inquest or conducting an investigation in connection therewith, ten 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. 2. This act shall be effective upon passage and approval.
________
Assembly Bill No. 250Mr. Wood.
CHAPTER 123
AN ACT to provide an additional and supplemental appropriation of $725 for the state veterans service commission.
[Approved March 18, 1953]
Whereas, By the provisions of chapter 279, Statutes of Nevada 1951, there was appropriated by section 31 thereof the sum of $17,812 for the support of the veterans service commission; and
Whereas, Said appropriated sum was apportioned for salaries and industrial insurance premiums and retirement payments, and no money was apportioned for postage, telephone expense, printing supplies, mileage and subsistence; and
Whereas, In order to comply with the duties imposed by law upon the said veterans service commission for the period from the present time to June 30, 1953 there will be a deficiency in the sum of $725; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1953, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of $725 as an additional and supplemental appropriation to that sum appropriated by section 31 of chapter 279, Statutes of Nevada 1951.
Sec. 2. The sum herein appropriated shall be apportioned as follows:
Operating expenses........................................................................... $180.00
Mileage and subsistence.................................................................. 545.00
Sec. 3. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 129κ
Assembly Bill No. 81Mr. Coulthard.
CHAPTER 124
AN ACT to repeal an act entitled, An act creating a state rabies commission, and prescribing its membership and duties, and making an appropriation for the control and eradication of rabies and predatory and noxious animals within the State of Nevada in cooperation with the bureau of biological survey of the United States department of agriculture, and repealing an act entitled, An act providing for the eradication of noxious animals in the State of Nevada; for the suppression of rabies; for cooperation between the state, the counties, and the bureau of biological survey, United States department of agriculture, in the administration thereof; for the levy of taxes therefor; for the creation of state and county boards for the purpose, and defining their duties, approved March 21, 1921; and other matters relating thereto, approved March 8, 1923.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act creating a state rabies commission, and prescribing its membership and duties, and making an appropriation for the control and eradication of rabies and predatory and noxious animals within the State of Nevada in cooperation with the bureau of biological survey of the United States department of agriculture, and repealing an act entitled, An act providing for the eradication of noxious animals in the State of Nevada; for the suppression of rabies; for cooperation between the state, the counties, and the bureau of biological survey, United States department of agriculture, in the administration thereof; for the levy of taxes therefor; for the creation of state and county boards for the purpose, and defining their duties, approved March 21, 1921; and other matters relating thereto, approved March 8, 1923, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 89Committee on Finance.
CHAPTER 125
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, as amended.
[Approved March 18, 1953]
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 as amended by chapter 124, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 130 (CHAPTER 125, SB 89)κ
Section 10. (1) The board shall establish a fund which shall be known as the public employees retirement fund and in which all funds received from employer and employee retirement contributions shall be deposited.
(1 1/2) The board shall establish a fund which shall be known as the public employees retirement administrative fund and in which all funds received from employer and employee for administrative purposes shall be deposited.
(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 and any changes therein that may be legally authorized.
(3) All funds paid into the public employees retirement fund and the public employees retirement administrative fund shall be deposited with the state treasurer, who shall be custodian of the said funds and pay all warrants drawn thereon 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; provided, however, that upon the written request of the public employees retirement board the state controller of the State of Nevada is hereby authorized, empowered, and directed to draw his warrant in favor of the public employees retirement board in the sum of $75,000, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer is hereby authorized, empowered, and directed to pay the same from the public employees retirement fund. The said sum of $75,000 is to be known as the public employees retirement board revolving fund and shall be used by the said public employees retirement board for the purpose of paying retirement and disability allowances and authorized refunds to members of the public employees retirement system and for no other purpose; and all claims or demands paid by the public employees retirement board from such fund shall, after payment thereof, be passed upon by the board of examiners in the same manner as other claims against the State of Nevada, and when approved by the board of examiners the controller shall draw his warrant for the amount of such claim or claims in favor of the public employees retirement board revolving fund to be paid to the order of the public employees retirement board and the treasurer shall pay the same. The public employees retirement board is directed to deposit said public employees retirement board revolving fund in a bank of reputable standing and to secure the said deposit by depositary bond satisfactory to the board of examiners. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the public employees retirement board and persons so designated shall furnish such bond as shall be directed by the state board of examiners.
(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 state board of finance subject to the laws of the State of Nevada pertaining to the investment of public funds.
κ1953 Statutes of Nevada, Page 131 (CHAPTER 125, SB 89)κ
(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. 2. Section 11 of the above-entitled act is hereby amended to read as follows:
Section 11. (1) The administrative expenses of the system shall be paid equally between employer and employee members of the system in such manner and at such intervals as may be directed by the board. All sums received by the board for administrative purposes shall be paid into the public employees retirement administrative fund.
(2) In order to facilitate financing the establishment and administration of the system the board may designate fiscal periods and may provide that extraordinary expenses incurred during one period, such as expenses for equipment and actuarial studies, may, for purposes of equitably distributing part of the burden of the expenses to members who join in the system after the expenses are incurred, be apportioned to subsequent fiscal periods in such a manner as to the board seems equitable.
Sec. 3. Section 15 of the above-entitled act, as last amended by chapter 183, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 15. (1) Each public employer shall pay into the retirement fund 5 per cent 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. No portion of the contribution referred to above shall be used for administrative expenses.
(2) 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.
Sec. 4. Section 17 of the above-entitled act is hereby amended to read as follows:
Section 17. (1) Within the limits of the rules hereinafter adopted regarding absence from service, no approved leave of absence preventing or interrupting service by an employee to an employer participating in the system shall be deemed to break the continuity of the employees membership in the system.
(2) Any employee of an employer participating in the system who entered the armed forces of the United States after September 15, 1940, and prior to the time this act takes effect or who enters the armed forces hereafter and who, within one year after being honorably discharged therefrom or within one year after release from full-time active duty, returned to the service of a participating public employer either prior to the time this act takes effect or thereafter, shall be entitled, subject to the limitations of this act and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to the time this act takes effect and to credit for all his service in the armed forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the armed forces after that date; provided, that service in the armed forces, to be accredited as service to the employer and service towards retirement must have been performed in the period of September 15, 1940 to December 31, 1946, inclusive, and on or after June 27, 1950, to such date as shall be determined by the public employees retirement board in consideration of action by the congress of the United States in limiting benefits available only to veterans of war service; provided further, that service in the armed forces in the aforesaid periods of time shall be accredited towards retirement only upon the conclusion of five years of contributing membership service with a participating public employer or employers following return from the armed forces.
κ1953 Statutes of Nevada, Page 132 (CHAPTER 125, SB 89)κ
that service in the armed forces, to be accredited as service to the employer and service towards retirement must have been performed in the period of September 15, 1940 to December 31, 1946, inclusive, and on or after June 27, 1950, to such date as shall be determined by the public employees retirement board in consideration of action by the congress of the United States in limiting benefits available only to veterans of war service; provided further, that service in the armed forces in the aforesaid periods of time shall be accredited towards retirement only upon the conclusion of five years of contributing membership service with a participating public employer or employers following return from the armed forces. No period of service in the armed forces, at any time, shall be regarded as an absence from employment which shall operate to nullify or cancel prior service to participating public employers when the member shall have entered the armed forces from employment with a participating public employer and returned to employment with a participation public employer within one year after discharge or release from full-time active duty.
Sec. 5. Section 23 of the above-entitled act as amended by chapter 124, Statutes of Nevada 1949, 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, except as hereinafter provided, 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, except as hereinafter provided, shall forfeit all the benefits of this act so long as he shall retain such employment or receive such compensation, and the 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; provided, that persons accepting or receiving the benefits of retirement compensation under this act may be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation provided such fees do not normally exceed a total of $300 in a calendar year.
Sec. 6. Section 23(a) of the above-entitled act as added by chapter 183, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 23(a). Any person accepting or receiving the benefits of a service retirement allowance under this act who accepts employment and receives compensation for services from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch, or agency thereof participating in the retirement system shall be regarded, for the purpose of this act, as a new member of the retirement system for the period of such re-employment and, upon re-entering service retirement, shall receive a return of his contributions made during re-employment and such retirement allowance and under the same conditions as were effective at the time of re-employment; provided, that retired persons who return to employment for the State of Nevada or a participating political subdivision for a minimum period of 12 consecutive months or more shall, at the time of re-entry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of re-employment or to enter into retirement under conditions which would have been effective at the end of the re-employment period had he not been previously retired.
κ1953 Statutes of Nevada, Page 133 (CHAPTER 125, SB 89)κ
ing service retirement, shall receive a return of his contributions made during re-employment and such retirement allowance and under the same conditions as were effective at the time of re-employment; provided, that retired persons who return to employment for the State of Nevada or a participating political subdivision for a minimum period of 12 consecutive months or more shall, at the time of re-entry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of re-employment or to enter into retirement under conditions which would have been effective at the end of the re-employment period had he not been previously retired. If death should occur during any such period of re-employment a beneficiary named under the provisions of section 21 of this act shall be entitled to refund of contributions made during the period of re-employment and a beneficiary, named under an optional plan of retirement at the time of first retirement, shall be entitled to such benefits as the optional plan conferred at that time, if otherwise eligible.
Sec. 7. This act shall be effective upon passage and approval.
________
Assembly Bill No. 84Mr. Coulthard.
CHAPTER 126
AN ACT to amend an act entitled, An act making all state warrants void if not presented for payment within ninety days from date of issuance; providing a method whereby persons affected thereby may renew their claims against the state; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto, approved March 26, 1929.
[Approved March 18, 1953]
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 7372, N.C.L. 1929, is hereby amended to read as follows:
Section 1. All controllers warrants hereafter issued in payment of claims against the state shall become void if not presented for payment to the state treasurer within ninety days from the date of issuance, and all such warrants remaining unpaid after the expiration of said ninety days, whether outstanding or uncalled for in the office of the controller, shall be canceled by the controller, and the state treasurer shall be immediately notified of such cancellation, and he shall hereafter pay no warrant or warrants presented for payment more than ninety days from the date of issuance; provided, however, that the person or persons in whose favor such warrant or warrants may have been drawn may within one year from the date of the original warrant, file with the state controller an affidavit setting forth the reasons for the failure to present such warrant for payment and that such warrants is not to the knowledge of affiant held by any other person or persons, and if the state controller is satisfied that the original warrant is lost or destroyed, and the claim has not been paid by the state, he may issue another warrant in lieu of such original warrant; and provided further, that after a period of one year from the date of the original warrant the person or persons in whose favor such warrant or warrants may have been drawn shall be permitted to renew his, her, or their claim against the state to the amount of such warrant or warrants canceled by the presentation of the same to any succeeding legislature to be acted upon in the same manner as deficiency claims.
κ1953 Statutes of Nevada, Page 134 (CHAPTER 126, AB 84)κ
and the claim has not been paid by the state, he may issue another warrant in lieu of such original warrant; and provided further, that after a period of one year from the date of the original warrant the person or persons in whose favor such warrant or warrants may have been drawn shall be permitted to renew his, her, or their claim against the state to the amount of such warrant or warrants canceled by the presentation of the same to any succeeding legislature to be acted upon in the same manner as deficiency claims.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 17Mr. Beko.
CHAPTER 127
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.
[Approved March 18, 1953]
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 8490, 1929 N.C.L., is hereby amended to read as follows:
Section 1. Witnesses required to attend in the courts of this state shall receive the following compensation:
For attending in any criminal cases, or civil suit or proceeding before a court of record, referee or commissioner, or justice of the peace, or before the grand jury, in obedience to a subpena, five dollars for each days attendance, which shall include Sundays and holidays.
Mileage shall be allowed and paid at the rate of fifteen cents a mile, one way only, for each mile necessarily and actually traveled by the shortest and most practical route; provided, however, that no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least one days fees shall have been paid him if he demanded the same; provided, that any person being in attendance at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
Sec. 2. Section 2 of the above-entitled act, being section 8491, 1929 N.C.L. as last amended by chapter 91, Statutes of Nevada 1951, 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) $6 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.
κ1953 Statutes of Nevada, Page 135 (CHAPTER 127, AB 17)κ
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. 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 $6 per day as full compensation for each day of said service.
Trial jurors in criminal cases in justice courts shall receive $6 per day 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 three dollars, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 204Miss Frazier.
CHAPTER 128
AN ACT to amend an act entitled, 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.
[Approved March 18, 1953]
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 of chapter 38, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 136 (CHAPTER 128, AB 204)κ
chapter 38, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 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 receive the highest number of votes 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. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 259Messrs. Carlson and Castle.
CHAPTER 129
AN ACT authorizing and directing the State of Nevada, acting through its department of highways to execute and deliver to the Esmeralda water company, a Nevada corporation, a good and sufficient deed for certain lands and property.
[Approved March 18, 1953]
Whereas, On the 31st day of December, 1942, the Esmeralda water company, a Nevada corporation, did by a deed grant, bargain, sell and convey to the State of Nevada, acting through its department of highways, the following described lands and premises in the county of Esmeralda, State of Nevada:
The southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of section 14; also the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4), and the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of section 15; also the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of section twenty-three (23); also the southwest quarter (SW 1/4) of the northeast quarter (NE 1/4), and the north half (N 1/2) of the southwest quarter (SW 1/4) of section twenty-seven (27); also the northwest quarter (NW 1/4) of the southeast quarter (SE 1/4) of section twenty-eight; all of said land being in township one (1) north, range thirty-three (33) east, Mt. Diablo base and meridian.
Together with all and singular the tenements and hereditaments and the appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainer and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, possession, claim and demand whatsoever, as well in law as in equity, of the Esmeralda water company, of, in or to the said premises and every part and parcel thereof with the appurtenances.
Also, all springs upon said lands, or any of them, all water flowing or to flow therefrom, and all water rights and privileges appurtenant to said lands or any of them and formerly belonging to the Candelaria waterworks and milling company, limited, and its successor in interest, the Esmeralda water and milling company, together with the line of water pipe, as originally conveyed, and rights of way therefor legally held by the company from the springs in Trail Canyon and Pinchot Canyon (known also as Pinshower Canyon and Pinchower Canyon), the sources of the companys water supply in said canyons to a point on said line of water pipe at the base of Rattle Snake Hill near Miller Mountain in the county of Mineral, State of Nevada, which said point is approximately three miles northerly of the so-called highway valve box on said line of water pipe, said highway valve box being located at the junction of said line of water pipe with the line of water pipe now owned by the states department of highways and used by it to supply its maintenance station at Basalt, county of Mineral, State of Nevada, and together with all the reserve supply of pipe, fittings and special tools now owned and used by the State of Nevada in the maintenance and repair of said line of water pipe, and
κ1953 Statutes of Nevada, Page 137 (CHAPTER 129, AB 259)κ
waterworks and milling company, limited, and its successor in interest, the Esmeralda water and milling company, together with the line of water pipe, as originally conveyed, and rights of way therefor legally held by the company from the springs in Trail Canyon and Pinchot Canyon (known also as Pinshower Canyon and Pinchower Canyon), the sources of the companys water supply in said canyons to a point on said line of water pipe at the base of Rattle Snake Hill near Miller Mountain in the county of Mineral, State of Nevada, which said point is approximately three miles northerly of the so-called highway valve box on said line of water pipe, said highway valve box being located at the junction of said line of water pipe with the line of water pipe now owned by the states department of highways and used by it to supply its maintenance station at Basalt, county of Mineral, State of Nevada, and together with all the reserve supply of pipe, fittings and special tools now owned and used by the State of Nevada in the maintenance and repair of said line of water pipe, and
Whereas, As a part of the consideration of said conveyance the State of Nevada expressly agreed with said Esmeralda water company that said company, at any time during the period of 10 years after the date of said deed, should have the right and option to repurchase the real estate, water rights, pipe line, and rights of way so conveyed by said company to the State of Nevada, together with such reserve supply of pipe, fittings and special tools that may be at the time of such purchase owned and used by said State of Nevada in the maintenance and repair of the water pipe line, for the sum of $4,000, together with interest thereon from December 31, 1942, to the date of the repurchase of said property at the rate of 4 percent per annum, plus such reasonable and proper amounts, if any, as may have been theretofore expended by the State of Nevada in proving title to and protecting its interests in the water rights thereby conveyed; and it being agreed that the option of said Esmeralda water company would constitute a lien upon the property herein described and be a covenant running with the land; and
Whereas, The said Esmeralda water company did exercise its option to repurchase said property from the State of Nevada in the manner and within the time provided in said option agreement, and the said Esmeralda water company did deposit with the state highway engineer of the State of Nevada and the board of highway commissioners of said state the said purchase price stipulated in said option, with interest, in order to complete the exercise of said option; and
Whereas, Said option is conditioned upon the agreement of said Esmeralda water company with said State of Nevada to furnish water to the Basalt maintenance station of the state highway department located in Esmeralda county, Nevada, as charged said State of Nevada for similar service prior to the sale of said property to said State of Nevada by the Esmeralda water company; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The State of Nevada acting through its state highway department is hereby authorized and directed to execute and deliver to said Esmeralda water company, a Nevada corporation, a good and sufficient grant, bargain and sale deed, duly signed and executed, conveying to said Esmeralda water company, the following property:
κ1953 Statutes of Nevada, Page 138 (CHAPTER 129, AB 259)κ
department is hereby authorized and directed to execute and deliver to said Esmeralda water company, a Nevada corporation, a good and sufficient grant, bargain and sale deed, duly signed and executed, conveying to said Esmeralda water company, the following property:
The southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of section 14; also the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4), and the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of section 15; also the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of section twenty-three (23); also the southwest quarter (SW 1/4) of the northeast quarter (NE 1/4), and the north half (N 1/2) of the southwest quarter (SW 1/4) of section twenty-seven (27); also the northwest quarter (NW 1/4) of the southeast quarter (SE 1/4) of section twenty-eight; all of said land being in township one (1) north, range thirty-three (33) east, Mt. Diablo base and meridian.
Together with all and singular the tenements and hereditaments and the appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the state, right, title, interest, possession, claim and demand whatsoever, as well in law as in equity, of the State of Nevada, of, in or to the said premises and every part and parcel thereof with the appurtenances.
Also all springs upon said lands, or any of them, all water flowing or to flow therefrom, and all water rights and privileges appurtenant to said lands of any of them and formerly belonging to the Candelaria waterworks and milling company, limited, and its successor in interest, the Esmeralda water and milling company, together with the line of water pipe, as originally conveyed, and rights of way therefor legally held by the company from the springs in Trail Canyon and Pinchot Canyon (known also as Pinshower Canyon and Pinchower Canyon), the sources of the companys water supply in said canyons to a point on said line of water pipe at the base of Rattle Snake Hill near Miller Mountain in the county of Mineral, State of Nevada, which said point is approximately three miles northerly of the so-called highway valve box on said line of water pipe, said highway valve box being located at the junction of said line of water pipe with the line of water pipe now owned by the states department of highways and used by it to supply its maintenance station at Basalt, county of Mineral, State of Nevada, and together with all the reserve supply of pipe, fittings and special tools now owned and used by the company in the maintenance and repair of said line of water pipe, and, conditioned upon the undertaking of the said Esmeralda water company to furnish water to said Basalt maintenance station at the same rate as charged by said company for similar service to said maintenance station when the original deed and agreement were executed between the said company and the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 139κ
Assembly Bill No. 198Miss Frazier.
CHAPTER 130
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 March 18, 1953]
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 1 of chapter 29, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.
(a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:
Nomination paper of............................................................., for the
Office of........................................................
|
State of Nevada,
County of......................................... |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the.......................................party as its candidate for the office of....................................................., I, the undersigned............................................., do solemnly swear (or affirm) that I reside at No..............................................................street, in the city (or town) of................................................, county of................................, State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the............................................ party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state; that if nominated as a candidate of said...........................................party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.
....................................................(Signature of candidate for office.)
Subscribed and sworn to before me this......................................day of ........................, 19............... .........................................Notary public (or other officer authorized to administer an oath.) Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
κ1953 Statutes of Nevada, Page 140 (CHAPTER 130, AB 198)κ
ballots of all parties under the heading of nonpartisan candidates for the respective offices.
(b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.
(c) If the last day limited for filing any paper mentioned in this section for the nomination of candidates for district offices voted for wholly within one county, state senators, assemblymen, county and township officers, shall fall on a Saturday or Sunday, then the period so limited shall expire on such Saturday at 12 oclock noon, notwithstanding anything in this section to the contrary.
(d) If the last day limited for filing any paper mentioned in this section for the nomination of candidates for United States senator, representative in congress, state offices, and all offices whose districts comprise more than one county, shall fall on Saturday or Sunday, then the period so limited shall expire on the preceding Friday at 5 oclock p. m., notwithstanding anything in this section to the contrary.
Sec. 2. Section 11 of the above-entitled act, being section 2414, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 11. Immediately upon receipt by the county clerk of the certified list of nominees from the secretary of state, as provided in the preceding section, the county clerk shall forthwith publish a notice of primary election, which notice shall be, in substance, as follows:
Notice is hereby given that on the first Tuesday, the....................day of September next, party primaries of the.............................parties will be held for nomination of party candidates of said parties for the following offices: (Naming the offices.) At the same time and in the same primary nominations will be made of nonpartisan, judicial and school officers as follows: (Naming the offices.) The polls will open at 8 a. m. and continue open until 6 p. m. of the same day. The polling place (or places) is................................(description and location of polling place).
.............................................................County Clerk.
The foregoing notice shall name only the political parties in which there is a contest for nomination, and shall designate only the polling place for the respective precincts; provided, that in towns or cities which have more than one polling place the notice shall show the location of each.
The county clerk shall forward to each registry agent within the county three written or printed notices for each precinct or voting district, and it shall be the duty of the respective registry agents to whom such notices shall be delivered to post the same in three of the most public places in each precinct or voting district, outside of incorporated cities, at least fifteen days prior to the date of the primary.
κ1953 Statutes of Nevada, Page 141 (CHAPTER 130, AB 198)κ
county three written or printed notices for each precinct or voting district, and it shall be the duty of the respective registry agents to whom such notices shall be delivered to post the same in three of the most public places in each precinct or voting district, outside of incorporated cities, at least fifteen days prior to the date of the primary.
Said county clerk shall cause a notice in similar form and substance to be published in a newspaper of general circulation, published in the county, once a week for two successive weeks prior to said primary, being two publications in all.
Sec. 3. Section 13 of the above-entitled act, being section 2416, N.C.L. 1929, is hereby amended to read as follows:
Section 13. Not less than twenty-one days before the September primary each county clerk shall prepare sample ballots for such primary, which sample ballots shall be the same size as the official ballot and exact copies thereof. Such sample ballots shall be conspicuously marked with the words Sample Ballot.
Such county clerk shall forthwith mail five copies of said sample ballot to each candidate who has filed with him a declaration or acceptance of candidacy and one copy to each candidate whose name has been certified to him by the secretary of state, to the post-office address as given in such declaration, acceptance, or certification, and shall post a copy of such sample ballot in a conspicuous place in his office, and shall mail to each registry agent, for distribution, one sample ballot for every four registered voters in such precinct.
On the fifteenth day before any primary the county clerk shall correct any errors or omissions in the official ballot and shall cause the same to be printed as provided in this act, and shall cause the same to be furnished to the various precinct election officers in the manner provided by law for the distribution of ballots for the November election; provided, that the number of ballots furnished to each precinct shall be for each political party a number in the proportion of one hundred and ten ballots for each one hundred electors registered in such party; and the same ratio of nonpartisan ballots for electors who have registered for the primary without designating any party affiliation; and provided further, that he shall furnish to each precinct for each party and the nonpartisan voters a number of ballots greater by five than the number of voters registered in each class in the precinct. He shall also furnish sample ballots of each class, equal in number to one-fourth of the official ballots.
________
κ1953 Statutes of Nevada, Page 142κ
Assembly Bill No. 266Committee on Ways and Means.
CHAPTER 131
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 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, as last amended by chapter 105, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 8. No person shall give, sell or offer to give or sell any cigarettes in the State of Nevada unless there be affixed to each of the packages, packets, or containers, adhesive Nevada cigarette revenue stamps or a smiliar stamp affixed by a metered stamping machine approved by and registered with the Nevada tax commission, and the use of which shall be subject to rules and regulations as prescribed by said commission, in the following denominations, except as hereinafter provided: In packages containing twenty (20) cigarettes or less, three (3’) cents per package; in packages containing over twenty (20) and not exceeding thirty (30) cigarettes, five (5’) cents per package; in packages containing over thirty (30) and not exceeding forty (40) cigarettes six (6’) cents per package; in packages containing over forty (40) and not exceeding fifty (50) cigarettes, seven (7’) cents per package; and three (3’) cents additional for each twenty (20) cigarettes or fraction thereof contained in any package. Except as otherwise provided in this act, none but licensed wholesalers may buy any stamps; and no stamps or metered machine impressions shall be affixed to any package, packet or container of cigarettes except in and upon the premises described in the license of such licensed wholesaler.
________
Assembly Bill No. 232Messrs. Von Tobel and Mount.
CHAPTER 132
AN ACT to amend an act entitled, An act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved March 18, 1953]
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 5344, N.C.L. 1929, is hereby repealed.
κ1953 Statutes of Nevada, Page 143 (CHAPTER 132, AB 232)κ
Sec. 2. The above-entitled act, being sections 5320 to 5355, inclusive, N.C.L. 1929, as amended, is hereby amended by adding thereto a new section designated section 21, which shall immediately follow section 20, and shall read as follows:
Section 21. In all cases of a highway constructed under the provisions of this act which is located or relocated over privately owned lands, the department of highways may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property which it considers necessary for any highway within the state. Real property for such purposes includes, but is not limited to, real property and the improvements located thereon considered necessary for any of the following purposes:
(a) For rights of way for both present and future needs for highways of all types including highways constructed by the state within towns and cities.
(b) For the purposes of exchanging the same for other real property to be used for rights of way and including such real estate and improvements as it may be necessary to acquire to avoid the payment of excessive severance damages.
(c) For sites for administrative, storage, communications, maintenance, recreational and historical purposes in connection with said highways.
(d) For material sites, including the use of sand, gravel or other roadway material from material sites obtained through options or leases, also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of said highways and their appurtenances.
(e) For the culture and support of trees and other flora which will benefit said highways in any way including the increasing of the attractiveness of the scenic beauties of such highways.
(f) For drainage in connection with any highway.
(g) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
(h) For the directional signs and such other signs as may be found to be necessary for the convenience of the traveling public.
Such real property shall be acquired by the department of highways in the name of the state, either by donation by the owners of the real property involved, or by agreement between the owners and the department of highways, or through the exercise by the department of highways in the name of and on behalf of the state of the power of eminent domain in the same manner as provided for acquiring property for other public uses, and the entire cost of acquiring such real property, except as otherwise provided in this act shall be paid out of the state highway fund. Any damages that may be sustained by any person by the construction or alteration of any highway constructed by the state under the provisions of this act shall be investigated and determined by the state highway engineer, the same to be approved by the board of highway directors, and shall be paid out of the state highway fund.
Any person who may consider himself aggrieved by such determination may commence an action in the district court of the county in which such property lies within six months after the completion of said highway, or the alteration thereon, in the same manner as actions for damages sustained for the taking of private land for public purposes.
κ1953 Statutes of Nevada, Page 144 (CHAPTER 132, AB 232)κ
which such property lies within six months after the completion of said highway, or the alteration thereon, in the same manner as actions for damages sustained for the taking of private land for public purposes.
When highways are constructed in accordance with this act through unincorporated towns and through incorporated cities, said towns and cities through their governing bodies, may acquire in the name of the state such real property for said highways as is determined to be necessary by the department of highways in the same manner as if the property was being acquired by the state, and the cost of the same shall be participated in by said town or city or shall be wholly paid for by said town or city in accordance with agreements which shall first be entered into between the governing bodies of said towns or cities and the department of highways.
When highways are being constructed by the state, or by a federal agency in cooperation with the state, for the first time over any local or county road in the state, the county commissioners of the counties in which the roads are located may acquire in the name of the state such real property for said highways as is determined to be necessary by the department of highways in the same manner as if the property was being acquired by the state, and the cost of the same shall be participated in by said counties or shall be wholly paid for by said counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the roads are located and the department of highways.
The board of highway directors is hereby authorized and empowered to accept the grant of rights of way for the construction of any highway constructed over public lands of the United States in accordance with the provisions of section 2477 of the revised statutes of the United States (43 U. S. Code, sec. 932), and such acceptance shall be by resolution duly adopted by the board of highway directors at a regular meeting of said board, the width of said right of way and of that for the necessary appurtenances thereto, shall be set forth in said resolution.
Sec. 3. Section 22 of the above-entitled act, being section 5345, N.C.L. 1929, is hereby repealed.
Sec. 4. The above-entitled act, being sections 5320 to 5355, inclusive, N.C.L. 1929, as amended, is hereby amended by adding thereto a new section designated section 22, which shall immediately follow section 21, and shall read as follows:
Section 22. In all cases where it is found to be advisable by the department of highways to acquire such real property in advance of the actual construction of such highways or to acquire the same in order to avoid the payment of excessive severance damages, the property may be leased or rented by the department of highways in such manner, for such periods of time, and for such sums of money as is determined by the board of highway directors to be to the best interest of the state. All moneys received for leases and rentals shall be deposited with the state treasurer to be credited to the state highway fund.
All real property heretofore acquired or hereafter acquired by the state in accordance with the provisions of this act, and title to the same is now held or may be hereafter held by the state, shall be disposed of by the board of highway directors, acting for the State of Nevada, when said property is found to be no longer required for highway purposes or for other reasonable public use, for such sums of money as shall be determined by said board to be the fair value of the same as of the date of transfer, except that when such real property was originally donated to state then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary rights, and also except that when such real property has been wholly or partially paid for by towns, cities or counties, then disposal of the same and of the money received therefor shall be agreed upon between the governing body of the towns or cities or the boards of county commissioners of the counties and the department of highways.
κ1953 Statutes of Nevada, Page 145 (CHAPTER 132, AB 232)κ
state in accordance with the provisions of this act, and title to the same is now held or may be hereafter held by the state, shall be disposed of by the board of highway directors, acting for the State of Nevada, when said property is found to be no longer required for highway purposes or for other reasonable public use, for such sums of money as shall be determined by said board to be the fair value of the same as of the date of transfer, except that when such real property was originally donated to state then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary rights, and also except that when such real property has been wholly or partially paid for by towns, cities or counties, then disposal of the same and of the money received therefor shall be agreed upon between the governing body of the towns or cities or the boards of county commissioners of the counties and the department of highways. All sums of money received by the department of highways for the sale of such property shall be deposited with the state treasurer to be credited to the state highway fund.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 281Mr. Swackhamer.
CHAPTER 133
AN ACT to amend an act entitled, An act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 1/2 of the above-entitled act, being chapter 240, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 4 1/2. The attorney general of Nevada shall be counsel and attorney for the department of highways in all actions, proceedings, and hearings.
In order to partially compensate the office of attorney general for services rendered, the department of highways is hereby directed, on or before the first day of each month, to authorize the state controller of Nevada to draw his warrant in the sum of three hundred fifty ($350) dollars in favor of the state treasurer of Nevada, said sum of money to be taken from the state highway fund not otherwise appropriated. The state treasurer shall place said sum of money in the fund of the office of attorney general to be used to partially pay the expenses of said attorney generals office.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 146κ
Senate Bill No. 60Senators Lemaire and Whitacre.
CHAPTER 134
AN ACT concerning the administration and organization of the legislative counsel bureau, repealing an act in conflict herewith, and other matters relating thereto.
[Approved March 18, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, a legislative counsel, a legislative auditor, and such other employees as hereinafter provided for.
Sec. 2. There is hereby created in the legislative counsel bureau a legislative commission consisting of four members. At each regular session of the Nevada legislature held in odd-numbered years, the senate shall designate by resolution two senators as regular members of the legislative commission, and the assembly shall designate by resolution two assemblymen as regular members of the legislative commission. Of the aforesaid membership, there shall be one senator and one assemblyman from each party in the houses. In addition, the senate shall designate by resolution two senators, one from each party, as alternate members, and the assembly shall designate by resolution two assemblymen, one from each party, as alternate members. A vacancy in the regular membership created by death or resignation shall be filled by the proper alternate member of the same party in the same house. The members shall serve until their successors are appointed as provided herein.
Sec. 3. The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The legislative counsel shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. Three members of the commission shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the commission.
Sec. 4. For each days attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 5. The legislative commission shall appoint a person of skill and training in the art of government and government finance as legislative counsel, and he shall be responsible to the commission. The legislative counsel shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service. If such system is not established, he shall serve at the pleasure of the commission and until his successor is appointed, but at least until the end of the next succeeding legislature following such appointment. He shall receive an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such pay plan is adopted, such annual salary shall be provided by law.
κ1953 Statutes of Nevada, Page 147 (CHAPTER 134, SB 60)κ
pay plan adopted by the state merit and personnel system; provided, however, that until such pay plan is adopted, such annual salary shall be provided by law. He shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 6. The legislative counsel, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities. He shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the legislative counsel bureau may require, said appointments to be made in accordance with the provisions of the state merit and personnel system if such is established.
Sec. 7. The powers and duties of the legislative counsel shall be:
(1) To gather information concerning the state government, its administration, and its organization.
(2) To gather information on matters pertaining to the general welfare of the State of Nevada.
(3) To examine the effects of previously enacted statutes.
(4) To deal with important issues of public policy and questions of state-wide interest.
(5) To prepare a legislative program as in his opinion the welfare of the state may require, to be presented at each session of the Nevada legislature.
(6) To prepare a report on the results of his surveys, with recommendations, which report shall be made available to the members of the legislature at least thirty days prior to the opening of each regular session of the legislature.
(7) To prepare and present periodic reports on the progress of his work and surveys to the members of the legislative commission.
Sec. 8. Upon the request of the legislative counsel, or his duly authorized representative, every elective state officer in the State of Nevada, every board or commission provided for by the laws of the State of Nevada, every head of each and every department in the State of Nevada, and every employee or agent thereof, acting by, for, or on account of any such office, board, commission, or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the federal government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, shall make available to the legislative counsel all books, papers, information, and records of a public nature under their control, necessary or convenient to the proper discharge of the legislative counsels duties under this act.
Sec. 9. The legislative counsel bureau shall be responsible for the care, custody, acquisition, and inventory of legislative supplies and equipment between sessions of the legislature. At the beginning of each session, the bureau shall submit a report to the legislature detailing all supplies and equipment acquired to meet the needs of the current session, and detailing all supplies and equipment on hand.
Sec. 10. It shall be a function of the legislative counsel bureau to:
(1) Carry forward the participation of the State of Nevada as a member of the council of state governments, and the legislative commission is hereby designated as Nevadas commission on interstate cooperation;
κ1953 Statutes of Nevada, Page 148 (CHAPTER 134, SB 60)κ
member of the council of state governments, and the legislative commission is hereby designated as Nevadas commission on interstate cooperation;
(2) Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the federal government, and with local units of government;
(3) Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law;
(4) Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
In order to facilitate such cooperation the council of state governments is hereby declared to be a joint governmental agency of this state and of the other states which cooperate through it.
Sec. 11. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the legislative counsel before they are paid.
Sec. 12. That certain act of the legislature of the State of Nevada entitled, An act to create an agency for the purpose of providing to the Nevada state legislature information, advice, and assistance respecting the needs and functions of the offices, departments, institutions, and agencies of the government of the State of Nevada; providing for the appointment of a legislative counsel; defining his duties; requiring all state officers and employees to provide such information as he may request; and making an appropriation to carry out the purposes thereof, and other matters relating thereto, approved March 24, 1947, is hereby repealed.
Sec. 13. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 149κ
Senate Bill No. 123Senator Brown.
CHAPTER 135
AN ACT relating to use of microphotography; authorizing any department, commission, board or officer of the State of Nevada or its political subdivisions to photograph, microphotograph or film all or any part of the records kept by such department, commission, board or officer, providing that such photographs, microphotographs or films shall be deemed original records for all purposes and that they or certified copies thereof shall be admitted in evidence with the same force and effect as the original thereof would have had, and authorizing upon the approval of the state board of examiners or the district court, the destruction of the original record or instrument when such photographs, microphotographs or film have been made and filed and provision made for preserving, examining and using the same; authorizing the recording of instruments by microphotography in lieu of recording in bound volumes; requiring indexing and filing, and other matters connected therewith.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Whenever any department, commission, board or officer of the State of Nevada or its political subdivisions shall have photographed or microphotographed or filmed all or any part of the records kept by or in such department, commission, board or officer in manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the national bureau of standards, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provision made for preserving, examining, and using the same, said department, commission, board or officer may upon the approval of the state board of examiners, or order of the district court, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
Sec. 2. Photographs or microphotographs or films of any record photographed or microphotographed or filmed, as herein provided, shall have the same force and effect as the originals thereof would have had, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated copies of such photographs or microphotographs or films shall be admitted in evidence equally with the original photographs or microphotographs or films.
Sec. 3. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use the microfilm method of recording. If such microfilm method be used, the microphotographs or micronegative films shall be properly indexed and placed in conveniently accessible files; each roll of film shall be deemed and constituted a book or volume, and shall be designated and numbered, and provision shall be made for preserving, examining, and using the same. A duplicate of such roll of film shall be made and kept safely in a separate place.
Sec. 4. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 150κ
Assembly Bill No. 171Mr. Ruedy.
CHAPTER 136
AN ACT to amend an act entitled, An act to regulate the occupations and practices of hairdressers and cosmeticians, cosmetologists, and the branches of cosmetology; to create the state board of cosmetology, and to provide for the issuance by said board of certificates of registration and licenses entitling the holders thereof to engage in and to teach such occupations and practices; to insure the better education of hairdressers and cosmeticians; to provide for rules regulating the proper conduct and sanitation of cosmetological establishments, schools of cosmetology, and places where the occupations of hairdressers and cosmeticians are practiced; prescribing penalties for the violation of the provisions of this act, approved March 27, 1931.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 13 of the above-entitled act, being section 1862.13, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 13. Each applicant for examination for determining his or her fitness to receive a certificate of registration as a hairdresser and cosmetician shall pay to the board a fee of fifteen dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.
The fee for examination in permanent waving shall be twelve and one-half dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.
The fee for examination as an electrologist shall be fifteen dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of seven dollars and a half.
The fee for examination as a manicurist shall be ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of two dollars and a half.
Each demonstrator, as herein defined, must obtain a license to engage as such in this state before engaging in the business of demonstrator, by which said license the board shall receive the sum of fifteen dollars and for each annual renewal thereof the sum of two dollars and fifty cents.
Each applicant referred to in this section shall, in addition to the fees herein specified, pay to the board the reasonable value of all supplies necessary to be used in the examinations or examination herein provided for.
Sec. 2. Section 14 of the above-entitled act, being section 1862.14, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 14. Every licensed hairdresser and cosmetician, every licensed electrologist, every licensed manicurist, and every person licensed to practice in permanent waving, who continues in actual practice, shall, annually, on the first day of July, have his or her license renewed by the board, upon payment of the required renewal fee. Applications for renewal of licenses may be made to the board at any time during the month of September; provided, that for each month or fraction thereof after the first day of July of each year which a license remains unpaid, there shall be assessed and collected, at the time of payment of license, a penalty for delinquency of two dollars for each month or fraction thereof.
κ1953 Statutes of Nevada, Page 151 (CHAPTER 136, AB 171)κ
or fraction thereof after the first day of July of each year which a license remains unpaid, there shall be assessed and collected, at the time of payment of license, a penalty for delinquency of two dollars for each month or fraction thereof.
The annual renewal fee for each license shall be $3.50; and every license which has not been renewed on the first day of July in each year shall expire on said last-mentioned date.
A registered hairdresser and cosmetician, electrologist, manicurist, or permanent waver whose license has expired, may have the same renewed only upon payment of the renewal fee provided for in this section. Any registered hairdresser and cosmetician, electrologist, manicurist, or permanent waver, who retires from practice for more than one year may have his or her license restored only upon payment of all lapsed renewal fees; provided, however, that no hairdresser and cosmetician, electrologist, manicurist, or permanent waver who has retired from practice for more than three years may have his or her license restored without examination, unless the board, in its discretion, sees fit to dispense with such examination.
Sec. 3. Section 16 of the above-entitled act, being section 1862.16, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 16. Before the first day of July, 1931, and annually thereafter during the month of June, every person, firm or corporation conducting or operating a cosmetological establishment, at the time of the approval of this act, in compliance with the provisions thereof, in which any one or any combination of the occupations of a hairdresser and cosmetician are practiced; and every person, firm, or corporation conducting or operating a school of cosmetology, at the time of the approval of this act, in compliance with the provisions thereof, in which any one or any combination of the occupations of a hairdresser and cosmetician are taught, shall apply to the board for registration and license, through the owner, manager, or person in charge, in writing, upon blanks prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this act, and shall be verified by the oath of the maker.
Upon receipt by the board of the application, accompanied by the required fee, the board shall issue to the person, firm or corporation so applying the required certificate of registration and license.
The annual registration fee for a school of cosmetology shall be one hundred and twenty-five dollars.
The annual registration fee for a cosmetological establishment shall be $3.50.
Sec. 4. Section 17 of the above-entitled act, being section 1862.17, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 17. Cosmetological establishments other than those referred to in section 16 hereof may be operated as follows: Any person, firm or corporation desiring to operate a cosmetological establishment shall make application to the board for a certificate of registration and license so to do, said application to be accompanied by the annual registration fee of $3.50. Said cosmetological establishment shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician.
κ1953 Statutes of Nevada, Page 152 (CHAPTER 136, AB 171)κ
Schools of cosmetology, other than those referred to in section 16 hereof, may be conducted as follows: Any person, firm or corporation desiring to conduct a school of cosmetology, shall make application to the board for a certificate of registration and license so to do, said application to be accompanied by the annual registration fee of one hundred twenty-five dollars. Said school shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician who has had practical experience of at least three years in the practice of a majority of the branches of cosmetology in an established place of business, and shall fulfill the following requirements: (a) it shall maintain a school of not less than one thousand hours and shall maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician, as set forth in section 8 hereof; (b) it shall possess apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum; (c) it shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians, and other instructors competent to impart instruction in all subjects of its curriculum; (d) it shall keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.
Every cosmetological establishment exacting a fee for the teaching of any branch of cosmetology (the teaching of junior operators in any branch or branches of cosmetology being excepted) shall be classed as a school of cosmetology within the meaning of this section, and shall be required to comply with all of its provisions, as well as such regulations as shall from time to time be prescribed by the board.
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Senate Bill No. 145Committee on Aviation, Transportation and Highways.
CHAPTER 137
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith, approved March 21, 1925, as amended.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 1/2 of the above-entitled act, as last amended by chapter 191 of the 1939 Statutes of Nevada, is hereby amended to read as follows:
Section 6 1/2. (a) Brake equipment required:
1. Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
κ1953 Statutes of Nevada, Page 153 (CHAPTER 137, SB 145)κ
means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
2. Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot.
3. Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.
4. Every new motor vehicle, trailer, or semitrailer hereafter sold in this state and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle, and except that any semitrailer of less than 1,500 pounds gross weight need not be equipped with brakes. Trucks and truck-tractors having three or more axles need not have brakes on the front wheels.
5. In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer, equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying breaking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.
6. One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any up or down grade upon which it is operated.
7. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(b) Performance ability of brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake, within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
Feet to Deceleration
stop from in fee
20 miles per second
per hour per second
Vehicles or combination of vehicles having brakes on all wheels......................................................... 30..................................................................... 14
Vehicles or combinations of vehicles not having brakes on all wheels.............................................. 40..................................................................... 10.7
κ1953 Statutes of Nevada, Page 154 (CHAPTER 137, SB 145)κ
(c) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
Sec. 2. This act shall be effective on passage and approval.
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Senate Bill No. 140Senator Johnson.
CHAPTER 138
AN ACT concerning the establishment and operation of endowment care cemeteries, defining the duties of cemetery corporations or associations receiving funds for endowment care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing penalties for the violation thereof, and repealing all acts and parts of acts in conflict herewith.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Every cemetery corporation, association, or other organization, herein referred to as a cemetery authority, which now or hereafter maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care fund after having first applied for and received a permit from the commissioner of insurance of the State of Nevada. Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The funds may be held in the name of the cemetery authority or its directors or in the name of the trustees appointed by the cemetery authority.
Sec. 2. The principal of all funds for endowment care shall be invested and the income only used for the care, maintenance and embellishment of the cemetery in accordance with the provisions of law and the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority and for no other purpose. Endowment and special care funds shall be maintained separate and distinct from all other funds and the trustees shall keep separate records thereof. The trustee of the endowment care fund shall create a reserve from which principal losses may be replaced by setting aside a reasonable percentage of the income from the fund.
Sec. 3. The cemetery authority may from time to time adopt plans for the general care, maintenance and embellishment of its cemetery, and charge and collect from all subsequent purchasers of plots such reasonable sum as, in the judgment of the cemetery authority, will aggregate a fund, the reasonable income from which will provide care, maintenance and embellishment.
Sec. 4. Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of conveyance or by separate instrument an agreement to use the income from such endowment care fund for the care, maintenance, and embellishment in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution will permit.
κ1953 Statutes of Nevada, Page 155 (CHAPTER 138, SB 140)κ
included in the deed of conveyance or by separate instrument an agreement to use the income from such endowment care fund for the care, maintenance, and embellishment in accordance with the plan adopted, for the cemetery and its appurtenances to the proportionate extent the income received by the cemetery authority from the contribution will permit.
Sec. 5. Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a reasonable and proportionate contribution for endowment care a cemetery authority may enter into an agreement with him to use the income from such fund for the care of his plot and its appurtenances.
Sec. 6. The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its endowment care fund. The members of the board of trustees shall hold office subject to the direction of the cemetery authority. The directors of a cemetery authority, if any, may be the trustee of its endowment care fund. When the fund is in the care of the directors as a board of trustees the secretary of the cemetery authority shall act as its secretary and keep a true record of all of its proceedings. No sum in excess of 5 percent of the income derived from the fund in any year shall be paid as compensation to the board of trustees for its services as trustee. In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority may appoint as sole trustee of its endowment care fund any bank or trust company qualified under the laws of the State of Nevada to engage in the trust business.
Sec. 7. A cemetery authority which has established an endowment care fund may take, receive and hold as a part of or incident to the fund any property, real, personal or mixed, bequeathed, devised, granted, given or otherwise contributed to it for its endowment care fund. The endowment care fund and all payments or contributions to it are hereby expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty due from the persons contributing to the persons interred and to be interred in the cemetery and a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. No payment, gift, grant, bequest or other contribution for general endowment care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.
Sec. 8. An endowment care cemetery is one which shall hereafter have deposited in its endowment care fund at the time of or not later than completion of the initial sale not less than the following amounts for plots sold or disposed of:
(a) $1 a square foot for each grave.
(b) A sum equal to 15 percent of the sale price of each niche.
(c) A sum equal to 15 percent of the sale price of each crypt.
Sec. 9. In addition to the requirements of section 8 any endowment care cemetery hereafter established shall also have deposited in its endowment care fund the additional sum of $25,000 before disposing of any plot or making any sale thereof.
κ1953 Statutes of Nevada, Page 156 (CHAPTER 138, SB 140)κ
its endowment care fund the additional sum of $25,000 before disposing of any plot or making any sale thereof.
Sec. 10. A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minimum amounts required by law. A cemetery which otherwise complies with section 8 may be designated an endowment care cemetery even though it contains a small section which may be sold without endowment care, if the section is separately set off from the remainder of the cemetery and if signs are kept prominently placed around the section designating the same as a nonendowment care section in legible black lettering at least four inches high. There shall be printed at the head of all contracts, agreements, statements, receipts and certificates of ownership or deeds referring to plots in the section the phrase nonendowment care.
Sec. 11. Each endowment care cemetery shall post in a conspicuous place in the office or offices where sales are conducted and in a conspicuous place at or near the entrance of the cemetery or its administration building and readily accessible to the public, a legible sign which shall contain the following information in the order and manner set forth below:
(a) A heading containing the words endowment care-which shall appear in a minimum of 48-point black type.
(b) This is an endowment care interment property.
Each nonendowment care cemetery shall post in a conspicuous place in the office of offices where sales are conducted and in a conspicuous place at or near the entrance of the cemetery or its administration building and readily accessible to the public, a legible sign which shall contain the following information in the order and manner set forth below:
(a) A heading containing the words nonendowment care.
(b) This is a nonendowment care interment property.
There shall be printed at the head of all contracts, agreements, statements, receipts, literature and other publications of nonendowment care cemeteries the following form:
This institution is operated as a nonendowment care interment property.
All the information appearing on the signs and report filed in the cemetery office shall be revised annually and verified by the president and secretary, or two officers authorized by the cemetery authority.
Sec. 12. Endowment care funds shall not be used for any purpose other than to provide through income only for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority. The funds shall be invested and reinvested in bonds of the United States or the bonds of this state or the bonds of other states of the union or the bonds of counties or municipalities of the states of the union, or corporate bonds or preferred or common stock approved by the state board of finance; provided, that pending such investment as herein provided, such funds may be deposited in any savings bank or building and loan association or corporation qualified to do business in the State of Nevada.
κ1953 Statutes of Nevada, Page 157 (CHAPTER 138, SB 140)κ
may be deposited in any savings bank or building and loan association or corporation qualified to do business in the State of Nevada.
Sec. 13. A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust to apply the principal, or proceeds, or income to either or all of the following purposes:
(a) Improvement or embellishment of all or any part of the cemetery or any lot in it.
(b) Erection, renewal, repair or preservation of any monument, fence, building, or other structure in the cemetery.
(c) Planting or cultivation of trees, shrubs or plants in or around any part of the cemetery.
(d) Special care or ornamenting of any part of any plot, section or building in the cemetery.
(e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained. The sums paid in or contributed to the fund authorized by this article are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. No payment, gift, grant, bequest, or other contribution for such purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.
Sec. 14. It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of this act shall be personally liable for all damages resulting to any person or persons by reason of such violation, and shall also upon conviction thereof be deemed guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or by confinement in the county jail for not less than 10 days nor more than 6 months, or by both such fine and imprisonment.
Sec. 15. All acts or parts of acts in conflict with any of the provisions of this act are hereby repealed.
Sec. 16. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 158κ
Assembly Bill No. 326Elko County Delegation.
CHAPTER 139
AN ACT for the relief of Richfield Oil Corporation.
[Approved March 19, 1953]
Whereas, The Richfield Oil Corporation is a corporation duly authorized to do business in the State of Nevada; and
Whereas, Said Richfield Oil Corporation, by and through its agent in Elko, Nevada, Archie L. Lani, did sell to C. A. Sewell of Elko, Nevada 36,757 gallons of gasoline during the period from May 31, 1948 to October 6, 1952, upon which tax was paid to the State of Nevada; and
Whereas, Said 36,757 gallons of gasoline were delivered by the said Archie L. Lani into the State of Idaho in ignorance of the gasoline tax laws of the states of Nevada and Idaho; and
Whereas, The entire amount of such gasoline so delivered into the State of Idaho was not sold for use on public roads of the State of Nevada; and
Whereas, As a result of ignorance of law and inadvertence on the part of said Richfield Oil Corporation and its agent, tax in the sum of $1,890.82 was erroneously paid to the State of Nevada on said gasoline and tax was also properly paid to the State of Idaho on the same gasoline; and
Whereas, The Nevada tax commission has heretofore rejected claim for refund because the same was not filed within the statutory time; and
Whereas, There is no law in the State of Nevada authorizing and permitting refund of the amount of excess tax so paid; 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 directed to draw his warrant in favor of Richfield Oil Corporation in the sum of $1,890.82, and the state treasurer is hereby directed to pay the same out of the highway fund.
Sec. 2. This act shall be effective on passage and approval.
________
Assembly Bill No. 223Messrs. Christensen (Washoe) and Covington.
CHAPTER 140
AN ACT relating to the city of Sparks, Nevada, and authorizing and providing for financing of improvements, extensions and betterments to the municipal sewer system by bond issues; providing for the payment thereof and the interest thereon by levy and collection of taxes or by rates and charges for services; providing for the duties of certain officers in connection therewith; and other matters properly relating thereto.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Sparks, is hereby authorized and empowered to finance the cost of improving, extending and bettering the municipal sewer system of the city of Sparks by the issuance of its negotiable coupon bonds in the aggregate principal amount of not exceeding $450,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
κ1953 Statutes of Nevada, Page 159 (CHAPTER 140, AB 223)κ
ized and empowered to finance the cost of improving, extending and bettering the municipal sewer system of the city of Sparks by the issuance of its negotiable coupon bonds in the aggregate principal amount of not exceeding $450,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
1. General obligation bonds.
2. General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system and, if so determined by the city council of the city of Sparks, further secured by a pledge of such other funds as may be legally made available for their payment.
3. Revenue bonds payable solely from the revenues to be derived from the operation of the municipal sewer system.
Sec. 2. The powers conferred by this act upon the city council of the city of Sparks are in addition to the powers conferred upon said city council by chapter 180, Statutes of Nevada 1949, and all laws amendatory thereof or supplemental thereto, and by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing and chapter 129, Statutes of Nevada 1949, and may be exercised by the city council of the city of Sparks, subject only to the limitations and restrictions imposed by the constitution of the State of Nevada and by this act.
Sec. 3. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from ad valorem taxes levied against all the taxable property in the city of Sparks, including the net proceeds of mines, and so far as legally possible, within the limitations of section 2 of article X of the constitution of the State of Nevada, said bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the city of Sparks, and without regard to any statutory or charter tax limitations now or hereafter existing. It shall be the duty of the city council of the city of Sparks and of such other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the city of Sparks by all overlapping units in Washoe county may exceed the limitation of five cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of said section 2 of article X.
Sec. 4. The general obligation bonds authorized to be issued pursuant to the provisions of this act may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system and, upon a determination by the city council of the city of Sparks that further security is required in order to render said bonds marketable, said bonds may be further secured by a pledge of such other funds or revenues of the city as may legally be made available for the payment of such general obligation bonds.
κ1953 Statutes of Nevada, Page 160 (CHAPTER 140, AB 223)κ
pledge of all or a part of the revenues derived from the operation of the municipal sewer system and, upon a determination by the city council of the city of Sparks that further security is required in order to render said bonds marketable, said bonds may be further secured by a pledge of such other funds or revenues of the city as may legally be made available for the payment of such general obligation bonds.
Sec. 5. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable solely from the net revenues to be derived from the operation of the municipal sewer system, and shall be secured by a pledge of all or a specified part of said net revenues. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt of the city of Sparks within the meaning of any constitutional, statutory or charter limitations.
Sec. 6. In order to insure the payment of the revenue bonds of the city of Sparks or of the general obligation bonds of the city of Sparks, the payment of which is additionally secured by a pledge of the revenues of the municipal sewer system, the city council of the city of Sparks shall establish and maintain, and from time to time to revise, a schedule or schedules of fees, rates and charges for services rendered by or through the municipal sewer system, both within and without the corporate limits of the city of Sparks, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the city council of the city of Sparks authorizing the issuance of any of said bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 7. The bonds authorized to be issued pursuant to the provisions of this act shall be negotiable in form and shall be executed, mature at such time or times, be payable at such place or places, within or without the State of Nevada, bear such interest at such rate or rates, be subject to prior redemption at such premium and contain such other terms, conditions and covenants as may be provided by the city council of the city of Sparks in the ordinance or ordinances authorizing their issuance, subject, however, to the following limitations and restrictions:
1. General obligation bonds shall mature in not to exceed thirty years from the date thereof.
2. Revenue bonds shall mature in not to exceed forty years from the date thereof.
3. General obligation bonds, unless sold to the United States of America, the State of Nevada, or any instrumentality of the United States of America or of the State of Nevada, shall be sold at not less than par and accrued interest to the date of delivery, in accordance with the provisions of section 6087, Nevada Compiled Laws 1929, as from time to time amended and supplemented.
4. The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $450,000, but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purpose herein authorized.
5. The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of two years from the effective date of this act.
κ1953 Statutes of Nevada, Page 161 (CHAPTER 140, AB 223)κ
this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of two years from the effective date of this act.
Sec. 8. The ordinance or ordinances providing for the issuance of any of the bonds authorized pursuant to the provisions of this act may contain any of the covenants set forth in section 1397.07, 1929 N.C.L. 1941 Supp., and may provide that such bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 9. It shall be legal for the State of Nevada and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 135Committee on Aviation, Transportation and Highways.
CHAPTER 141
AN ACT to amend an act entitled, An act in relation to public highways, approved March 9, 1866.
[Approved March 19, 1953]
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 5396, 1929 N.C.L., as last amended by chapter 102, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. If twenty-four freeholders of any county shall petition the board of county commissioners of such county for the location, opening to the public use, re-establishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, highway, street or alley proposed to be located, open to public use, re-established, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the county clerk of such county shall lay such petition before the board of county commissioners at their next session thereafter, and thereupon such board of county commissioners may, within twenty days thereafter, proceed to locate, open to public use, re-establish, change or vacate such road, highway, street or alley; and the width of all public highways laid out or open under the provisions of this act shall be regulated and established by such boards of county commissioners; provided, no such highways shall exceed in width eighty feet. Before opening any new road, street, or alley through any property, it shall be condemned to public use as follows: The board of county commissioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and such two persons in conjunction with two others, chosen by any owner or occupant, or by the several owners or occupants of the property, to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner or occupant of such property.
κ1953 Statutes of Nevada, Page 162 (CHAPTER 141, SB 135)κ
county commissioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and such two persons in conjunction with two others, chosen by any owner or occupant, or by the several owners or occupants of the property, to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner or occupant of such property. If such four persons cannot agree as to such damages, then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the board of county commissioners. If the owner or owners or occupants of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the board and witnesses be examined and the decision of the board shall be final, unless such owner or owners or occupants appeal from the decision of the board within thirty days after such decision to the district court, which he or they may do in the same manner that appeals are taken from justices courts to the district court. Upon finally determining such damages, the board shall provide for the payment of such damages, either by the person interested in such road, street or alley, or pay the same out of the county treasury as other claims are paid, and after such payment is made the board shall then cause such road, street or alley to be opened.
The board of county commissioners in their respective counties in the state are hereby authorized and empowered to accept the grant of rights of way from the construction of highways over public lands of the United States not reserved for public uses, contained in section 2477 of the revised statutes of the United States (43 U. S. Code, sec. 932), and such acceptance shall be by resolution of such county commissioners spread upon the records of their proceedings; provided, that nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment heretofore or hereafter had. Such board of county commissioners are further authorized and empowered to locate and determine the width of such rights of way, provided the same shall not exceed in width eighty feet, and to locate, open for public use and establish thereon public roads or highways.
Sec. 2. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 163κ
Senate Bill No. 80Senators Munk and Orr.
CHAPTER 142
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 19, 1953]
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 17 of chapter 168, Statutes of Nevada 1947, as amended, is hereby amended to read as follows:
Section 17. (a) Volunteer firemen, belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or, any of his assistants, in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service, or other rescue work, shall be deemed, for the purpose of this act, employees of the city, town, county, or district so recognizing them at the wage of $200 per month, and shall be entitled to the benefits of this act upon such city, town, county or district complying therewith.
(b) Members of junior traffic patrols are defined as minors attending school and selected or designated by school and/or city or town officials for regular duty on school days to patrol street crossings used by school children while going to or returning from school; and shall be deemed, for the purpose of this act, employees receiving a wage of one hundred dollars ($100) per month of the city, town, and/or school district in which their designated duty is performed; and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this act.
(c) Reserve members of the Nevada state police, during such times as they shall be on active duty, shall be deemed, for the purposes of this act, employees receiving a wage of $100 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this act.
Sec. 2. This act shall become effective from and after April 1, 1953.
________
κ1953 Statutes of Nevada, Page 164κ
Senate Bill No. 171Committee on Judiciary.
CHAPTER 143
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 19, 1953]
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, being section 2113, 1929 N.C.L., 1941 Supp., is amended to read as follows:
Section 3. The county recorder of every county of this state must keep two separate indexes for each separate book or series of books maintained in his office for the separate recordation of the various classes of instruments alphabetically specified in section 2 of this act, and he shall also keep two separate indexes of the filing of mortgages of personal property or crops and other documents provided to be filed in said section 2 of this act. One of said indexes shall be for the grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party to any such instrument, and the other of such indexes shall be for the grantee, mortgagee, defendant, the party releasing or waiving or assigning or subordinating, or the second party thereto. Each of said indexes shall be so arranged as to show the names of each of the parties to every instrument, the date when such instrument was filed in the office of such recorder, the book and page where such instrument is recorded, or the file number and file where such instrument may be filed, and such other data as in the discretion of the county recorder may seem desirable. In the event the index shall be of one general series of books for all instruments recorded, it shall also show the character of the instrument indexed.
The recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.
The first column of the several indexes for grantors, mortgagors, plaintiffs, assignees, parties benefited by a subordination, waiver or release, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, the parties releasing or waiving or assigning or subordinating, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party, as the case may be, and the names of the parties in the first column of such indexes must be arranged in alphabetical order. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian, or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, or testate, or ward, or party for whom the trust is held, must be inserted in the index.
κ1953 Statutes of Nevada, Page 165 (CHAPTER 143, SB 171)κ
of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian, or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, or testate, or ward, or party for whom the trust is held, must be inserted in the index.
In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.
Every instrument filed in the office of any county recorder for record, or filed, but not for recordation, must be alphabetically indexed in the indexes so provided for each separate book or set of books or file, under the names of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or the first party thereto, in the index provided for that purpose, and also under the names of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party thereto, in the index provided for that purpose.
As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes, card indexes with a metal reinforced hole punched therein for rod insertion, and such card indexes shall be kept in suitable metal file cabinets.
________
Assembly Bill No. 351Elko County Delegation.
CHAPTER 144
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.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 84, Statutes of Nevada 1917, is hereby amended by adding thereto a new section designated section 30.5, which shall immediately follow section 30 of chapter II of said act, and which shall read as follows:
Section 30.5. The board of supervisors shall have the power to require the owner or owners of land who hereafter lay out and plat the land into lots, streets and alleys, to pay or to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 166κ
Assembly Bill No. 169Mr. Adams.
CHAPTER 145
AN ACT to amend an act entitled, 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, approved March 23, 1891, as amended.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 6418, 1929 N.C.L., as last amended by chapter 303, Statutes of Nevada 1951, 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 declamation 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 equipment, 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; 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.
κ1953 Statutes of Nevada, Page 167 (CHAPTER 145, AB 169)κ
the amount of one thousand dollars; 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.
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, the definition of service in time of war to be determined from the dates of beginning of wars as determined by act or resolution of congress, and upon severance of such service has received an honorable discharge or certificate of service from 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 purpose 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. Such exemptions shall be allowed only to claimants who shall make an affidavit annually, on or before the second Monday in July for the purpose of being exempt on the tax roll; provided, however, that said affidavit be made at any time by a person claiming exemption from taxation on personal property. Said affidavit to be made before the county assessor to the effect that they are actual bona fide residents of the State of Nevada and have been an actual bona fide resident of the State of Nevada and established his residence for a period of more than six months immediately preceding the making of said affidavit, that such exemption is claimed in no other county within this state; 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 the 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.
κ1953 Statutes of Nevada, Page 168 (CHAPTER 145, AB 169)κ
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 Nevada Art Gallery, Inc., 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 Nevada Art Gallery, Inc., 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.
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.
Eleventh-The buildings, furniture and equipment of noncommercial theaters owned and operated by nonprofit educational corporations organized for the exclusive purpose of conducting classes in theater practice and the production of plays on a nonprofessional basis shall be exempt from taxation; provided, that such corporation shall provide in its articles of incorporation that the property for which the tax exemption is requested shall revert to the county in which it is located upon the cessation of the activities of the said noncommercial theater, and provided further, that such exemption shall extend only to the first $5,000 assessed value of such property.
Twelfth-Notwithstanding any other provisions of this act or any section or subsection thereof, all claims for tax exemptions on real property shall be filed on or before the second Monday of July of the year for which the exemption is claimed.
________
κ1953 Statutes of Nevada, Page 169κ
Senate Bill No. 109Committee on Judiciary.
CHAPTER 146
AN ACT to amend an act entitled, An act providing for the appointment of a legislative auditor, prescribing his qualifications and duties, requiring all state officers and employees to provide access to books and records, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 28, 1949.
[Approved March 19, 1953]
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 of chapter 205, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 1. As used in this act, the words state departments shall mean and include all state offices, departments, boards, commissions, institutions, or agencies, and the Nevada industrial commission.
________
Senate Bill No. 152Committee on Judiciary.
CHAPTER 147
AN ACT to permit courts to enter judgment for arrearages in the payment of of alimony and support, and to enter judgment therein, and providing remedy for enforcement, and other matters properly relating thereto.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Where the husband, in an action for divorce, separation, annulment or declaration of nullity of a void marriage, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing the entry of judgment for the amount of such arrears, together with costs and disbursements not to exceed $10. The application for such order shall be upon such notice to the husband as the court may direct. The judgment may be enforced by execution or in any other manner provided by law for the collection of money judgments. The relief herein provided for is in addition to any and every other remedy to which the wife may be entitled under the law.
Sec. 2. This act shall take effect upon its passage and approval.
________
κ1953 Statutes of Nevada, Page 170κ
Assembly Bill No. 349White Pine County Delegation.
CHAPTER 148
AN ACT authorizing the board of county commissioners of White Pine county to order the transfer of certain dormant funds in the county treasury, and specifying the duty of certain officers in connection therewith.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of White Pine county is hereby authorized to order the transfer of certain dormant funds in the county treasury as follows:
$1,976.35 from Ely school bond funds 3 and 4, to Ely school bond fund 6.
$3,959.44 from the consolidated bond fund of Lund and Baker high schools, to the White Pine county high school bond fund 2.
Sec. 2. The county treasurer and county auditor of White Pine county are directed to make the transfers hereby authorized when ordered so to do by the board of county commissioners.
Sec. 3. This act shall become effective on passage and approval.
________
Senate Bill No. 158Committee on Judiciary.
CHAPTER 149
AN ACT to amend an act entitled, An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 276 of the above-entitled act, being section 9882.276, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 276. Whenever a district judge has reason to believe, from his own knowledge or from credible information, that any executor or administrator has wasted, converted to his own use, or mismanaged, or is about to waste or convert to his own use, the property of the estate committed to his charge, or has committed or is about to commit any wrong or fraud upon the estate, or has become incompetent to act, or has wrongfully neglected the estate, or has unreasonably delayed the performance of necessary acts in any particular as such executor or administrator, it shall be his duty, by an order entered upon the minutes of the court, to suspend the powers of such executor or administrator until the matter can be investigated.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 171κ
Senate Bill No. 130Committee on State and County Affairs.
CHAPTER 150
AN ACT to repeal those certain acts pertaining to the establishment, incorporation, management, and control of the state agricultural society.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act to incorporate a state agricultural society, and provide for the management thereof, approved March 7, 1873, is hereby repealed.
Sec. 2. That certain act of the legislature of the State of Nevada entitled, An act to provide for the management and control of the state agricultural society by the state, approved March 7, 1885, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 3. That certain act of the legislature of the State of Nevada entitled, An act for the aid and benefit of the state agricultural society, approved March 28, 1907, is hereby repealed.
Sec. 4. All funds on deposit in the state treasury credited to and under the control of the state agricultural society are hereby reverted to the general fund.
Sec. 5. This act shall be effective upon passage and approval.
________
Senate Bill No. 61Senators Lemaire and Whitacre.
CHAPTER 151
AN ACT to amend an act entitled, An act providing for the appointment of a legislative auditor, prescribing his qualifications and duties, requiring all state officers and employees to provide access to books and records, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 28, 1949.
[Approved March 19, 1953]
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 of chapter 205, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2. The legislative commission of the legislative counsel bureau, heretofore created, as soon as possible after the appointment of its members, shall appoint an investigator of all custodians of public funds, disbursing officers, property custodians, purchasing agents, and personnel of all state departments, the title of such officer to be legislative auditor.
Sec. 2. Section 3 of the above-entitled act, being section 3 of chapter 205, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 172 (CHAPTER 151, SB 61)κ
Section 3. The legislative auditor shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service. If such system is not established, he shall serve at the pleasure of the legislative commission and until his successor is appointed, but at least until the end of the next succeeding legislature following such appointment.
Sec. 3. Section 4 of the above-entitled act, being section 4 of chapter 205, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 4. The legislative auditor shall receive an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be provided by law. He shall receive the per diem expense allowance and travel expenses as provided by law. The legislative counsel shall provide necessary office space, clerical help and assistance, supplies and equipment. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the legislative counsel bureau as other claims against the state are paid. All claims shall be approved by the legislative counsel before they are paid.
Sec. 4. Section 7 of the above-entitled act, being section 7 of chapter 205, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 7. It shall be the duty of all officers and employees of the state departments to make available and accessible to the legislative auditor all books, accounts, claims, reports, vouchers, or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the legislative auditors duties under this act, on the request of the legislative auditor or his duly authorized representative.
Sec. 5. The above-entitled act is hereby amended by adding a new section immediately after section 10, to read as follows:
Section 10a. Upon the request of the legislative auditor, every elective state officer in the State of Nevada, every board or commission provided for by the laws of the State of Nevada, every head of each and every department in the State of Nevada, and every employee or agent thereof, acting by, for, or on account of any such office, board, commission, or officer receiving, paying or otherwise controlling any public funds in the State of Nevada, in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the federal government of the United States or any branch, bureau, or agency thereof, or funds received from private or other source, shall submit to the legislative auditor a complete financial statement of each and every receipt of funds received by said office, officer, board, commission, person, or agent, and of every expenditure of such receipts or any portion thereof for the period designated by the legislative auditor.
Sec. 6. That certain act of the legislature of the State of Nevada entitled, An act relating to public officers in the State of Nevada, commissions, agencies, and employees thereof, representing, acting for, or in the employ of the various public offices, officers, and commissions in the State of Nevada, defining the duties of certain persons, requiring reports and accounts of the business of the offices specified herein; providing for reports of said officers and persons to the legislature, and other matters properly relating thereto, approved March 5, 1947, is hereby repealed.
κ1953 Statutes of Nevada, Page 173 (CHAPTER 151, SB 61)κ
in the State of Nevada, defining the duties of certain persons, requiring reports and accounts of the business of the offices specified herein; providing for reports of said officers and persons to the legislature, and other matters properly relating thereto, approved March 5, 1947, is hereby repealed.
Sec. 7. That certain act of the legislature of the State of Nevada entitled, An act to require financial reports from all appointive state boards, bureau, commissions or agencies; providing for the filing thereof in the office of the secretary of state; declaring the same to be public records, and other matters properly connected therewith, approved March 28, 1949, is hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 18Senators Lemaire and Settelmeyer.
CHAPTER 152
AN ACT to prohibit the expenditure of public money for the payment of educational leave stipends to officers and employees of the State of Nevada.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No department, board, commission, agency, officer or employee of the State of Nevada shall authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.
Sec. 2. The provisions of this act shall not be construed to prevent the granting of sabbatical leaves by the board of regents of the university of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 313Mr. Oldham.
CHAPTER 153
AN ACT to amend an act entitled, An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensation, and providing penalties for the violation hereof, approved March 25, 1919.
[Approved March 19, 1953]
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 3872, 1929 N.C.L., as amended by chapter 54, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 2. The state board of sheep commissioners, hereinafter called the board, shall consist of three (3) members, no two of whom shall be from the same county, said members to be appointed by the governor, and to hold their office for four years, and until their successors are duly appointed and qualified.
κ1953 Statutes of Nevada, Page 174 (CHAPTER 153, AB 313)κ
shall be from the same county, said members to be appointed by the governor, and to hold their office for four years, and until their successors are duly appointed and qualified. Two of the said commissioners shall be owners of and actually engaged in the operation of sheep in Nevada during their terms of office. One of the said commissioners need not be such an owner and operator of sheep in Nevada but, if not, shall be experienced in matters relating to the sheep industry of Nevada and capable of serving in the combined positions of commissioner and secretary of the board. The members of the board shall each receive for their services five hundred dollars ($500) per annum or a lesser amount if and as determined by a majority of the board, and actual transportation expenses while in discharge of their duties. Said salaries and compensation shall be paid from the state treasury in the same manner as the salary of state officers. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board shall meet upon the request of any one or more of its members.
Sec. 2. Section 11 of the above-entitled act, being section 3882, 1929 N.C.L., as amended by chapter 229, Statutes of Nevada 1920-1921, is hereby amended to read as follows:
Section 11. Whenever upon examination by a sheep inspector any flock of sheep kept or herded in the State of Nevada shall be found to be infected with scabies, or any infectious or contagious disease, or to have been exposed in any manner to such scabies or disease, the inspector shall at once establish regulations for their quarantine, which shall define the place and limits within which such sheep may be grazed, herded, or driven. Said inspector shall forthwith notify the owner or person in charge of said sheep, in writing, of the fact that the said sheep are affected or diseased, and shall thereupon take charge of and treat, or cause to be treated under his supervision, said sheep for dipping or other treatment as the case may require. The said inspector shall also keep such flock of sheep so infected or diseased with scabies or any infectious or contagious disease from contact with other sheep by such means as he may specify, and until such time as the inspector is satisfied of the complete eradication of such scabies or infectious or contagious disease, at which time said inspector shall issue in writing a permit or certificate to the owner or person in charge of said sheep, releasing said sheep from quarantine. Said inspector shall have the power to give such notice, as in his judgment the conditions in each case may require, that said sheep are quarantined within certain limits to be by him fixed and specified, and that such other sheep owners or persons in charge shall not enter within the limits prescribed as quarantined with their flocks of sheep until further notice. Should any flock of sheep free of scabies or any infectious or contagious disease enter or intrude upon any lands and corrals or places embraced within the limits set apart for such quarantine, or upon any land, corral, or place where infected, diseased, or exposed sheep have been, then such sheep or flock of sheep shall be subject to the same regulations and treatment as sheep infected with scabies, or infectious or contagious diseases detrimental to sheep; provided, however, that the board shall establish rules and regulations for the quarantining and treatment of sheep which, so far as is practicable and reasonable, shall be of general application; and provided further, that all regulations established or specified by said inspector, as aforesaid, shall be subject to change or modification by the board.
κ1953 Statutes of Nevada, Page 175 (CHAPTER 153, AB 313)κ
tagious diseases detrimental to sheep; provided, however, that the board shall establish rules and regulations for the quarantining and treatment of sheep which, so far as is practicable and reasonable, shall be of general application; and provided further, that all regulations established or specified by said inspector, as aforesaid, shall be subject to change or modification by the board.
Where sheep must be dipped in the immediate vicinity of said quarantine and no preparations have been made upon the part of the owner or owners thereof, or the person in charge, to provide suitable dipping works, within fourteen days after the owner or person in charge of said sheep has been notified that said sheep are infected or diseased, the inspector is authorized to prepare such dipping works as may be necessary, at the expense of the owner of said sheep. If the sheep cannot subsist upon range forage until they have been treated, the inspector shall then provide feed at the owners expense. All expenses for so doing, including the expenses for treating sheep, shall become and be a lien upon the said sheep until the same is paid; provided, however, that no person, company or corporation shall be required to dip a flock of ewes thirty days before lambing, or ewes with lambs under ten days old, but all such ewes or ewes with lambs infected with scabies or any infectious or contagious disease, or that have in any manner been exposed to any such infection or diseases, must be held in quarantine and kept separate from sheep that are free from scabies or any infectious or contagious disease.
It shall be the duty of the inspector to require the owner or owners, or person in charge of such ewes while held in quarantine during the above period of exemption, to spot and hand-dress all sheep in the flock that show scabies or any infectious or contagious disease, with some of the dips or treatment recognized or specified by the board; and the inspector shall have power to enforce spotting or hand-dressing during the periods of exemption above referred to, the same as he has power to enforce dipping at any other period of the year.
Whenever the board shall deem it advisable or find that it is necessary to insure the suppression or eradication of scabies, ticks, lice or other parasites detrimental to sheep, all sheep which are kept or herded within the limits of the State of Nevada shall, between the 15th day of April and the 1st day of November of each year, be dipped under the supervision of an authorized sheep inspector in one of the dips which have been recommended by the board; the said dip to be specified by the board and to be of a strength sufficient to eradicate scabies, ticks or lice. The decision and findings of the board as to the necessity of said dipping shall be conclusive. Whenever such order is made, the board is hereby authorized and empowered to take charge of and dip, as soon as possible after the first day of November of each year, all sheep kept or herded within the limits of the State of Nevada not previously dipped within the period required by this section, and the expense for so doing shall be paid by the owner of said sheep and the same shall become and be a lien upon such sheep until paid.
Any person, firm, or corporation, or any servant, agent or employee thereof, who is the owner or in charge or control of any sheep, who shall willfully violate any of the provisions of this section, or disregard or violate any order or direction made by the board or inspector, in accordance therewith, shall be deemed guilty of a misdemeanor and shall be punished as provided in section 26 of this act.
κ1953 Statutes of Nevada, Page 176 (CHAPTER 153, AB 313)κ
thereof, who is the owner or in charge or control of any sheep, who shall willfully violate any of the provisions of this section, or disregard or violate any order or direction made by the board or inspector, in accordance therewith, shall be deemed guilty of a misdemeanor and shall be punished as provided in section 26 of this act.
Sec. 3. Section 14 of the above-entitled act, being section 3885, 1929 N.C.L., is hereby amended to read as follows:
Section 14. No sheep shall be brought into Nevada from any point outside thereof unless and until a permit has been issued by the board authorizing their entry and unless and until the terms of the permit have been complied with in all particulars. The permit shall accompany the lot or shipment of sheep concerned and if the shipment is made by common carrier, the permit shall be attached to the waybill or bill of lading; provided, however, that sheep or bucks trailing into the state from adjoining states for immediate interstate shipments, and sheep and bucks grazing along and across the state lines, and sheep shipped from any part of this state to feed-yards in any other part of the state, when shipment is made by interstate route, shall be governed by the rules and regulations of the board. If any person, company or corporation, or any agent, servant or employee thereof, shall be guilty of a violation of the provisions of this section, the said person, company or corporation, or any agent, servant or employee thereof, shall upon conviction thereof be punished as provided in section 26 of this act.
Sec. 4. Section 15 of the above-entitled act, being section 3886, 1929 N.C.L., is hereby amended to read as follows:
Section 15. All sheep or bucks imported to Nevada from any state, territory, or District of Columbia, or from any foreign country, shall, upon entering the state, irrespective of the time of such entry, be dipped as required by and under the supervision of an inspector of the board, and after the said dipping, if the said sheep or bucks are free of disease, they shall be released and shall thereupon become subject to the laws, rules, and regulations governing other sheep in the state; provided, however, that when sheep, other than bucks, are imported, transported or driven into the State of Nevada from any other state or territory, District of Columbia, or from any foreign county, under permit from the board and said sheep are accompanied by a health certificate not more than ten days old, signed by a state veterinarian, deputy state veterinarian, inspector of the bureau of animal industry of the United States, or any authorized state sheep inspector, certifying that the sheep are free from disease and exposure thereto and have not been for the preceding six months in any district infected with sheep scabies, said sheep may be admitted without dipping. The board is hereby authorized to take charge of and dip as soon as possible any sheep and bucks imported into the State of Nevada not previously dipped in Nevada as required by this section, and the expenses for so doing shall be paid by the owner of said sheep or bucks, and the same shall become a lien upon such sheep or bucks until paid. Any person, firm, or corporation, or any servant, agent, or employee thereof, who is the owner or in charge or control of any sheep or bucks imported into the State of Nevada, violating the provisions or dipping requirements of this section, shall be deemed guilty of a misdemeanor and shall be punished as provided for in section 26 of this act.
κ1953 Statutes of Nevada, Page 177 (CHAPTER 153, AB 313)κ
ments of this section, shall be deemed guilty of a misdemeanor and shall be punished as provided for in section 26 of this act.
Sec. 5. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 125Committee on Judiciary.
CHAPTER 154
AN ACT to amend an act entitled, An act to provide for the survival of causes of action for personal injuries upon the death of the person injured or of the person liable for such injuries or of both, specifying the measure of damages in such action, approved February 23, 1937.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 21, Statutes of Nevada 1937, and also being sections 240.01 to 240.04, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be known as section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. Causes of action arising by virtue of sections 54, 55, 705 and 706 of that certain act entitled, An act to regulate proceedings in civil cases in this state and to repeal all other acts relating thereto, approved March 17, 1911, said sections being, respectively, section 8553, N.C.L. 1929; section 8554, 1929 N.C.L. 1941 Supp.; section 9194, N.C.L. 1929; and section 9195, 1929 N.C.L. 1941 Supp., shall not abate by reason of the death of the person against whom such cause of action shall have accrued, but shall survive against his legal representatives.
Sec. 2. This act shall become effective on passage and approval.
________
Senate Bill No. 110Senators Lemaire and Whitacre.
CHAPTER 155
AN ACT to repeal an act entitled, An act authorizing and directing the governor of the State of Nevada to require inventories of all state property to be taken and maintained, defining the duties of certain persons in relation thereto, providing a penalty for violation hereof, and other matters properly connected therewith, approved March 25, 1929.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled, An act authorizing and directing the governor of the State of Nevada to require inventories of all state property to be taken and maintained, defining the duties of certain persons in relation thereto, providing a penalty for violation hereof, and other matters properly connected therewith, approved March 25, 1929, is hereby repealed.
κ1953 Statutes of Nevada, Page 178 (CHAPTER 155, SB 110)κ
of Nevada to require inventories of all state property to be taken and maintained, defining the duties of certain persons in relation thereto, providing a penalty for violation hereof, and other matters properly connected therewith, approved March 25, 1929, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 348White Pine County Delegation.
CHAPTER 156
AN ACT providing for the transfer of certain funds in White Pine county, specifying the use to which such funds shall be put, specifying the duty of certain officers and other matters properly connected therewith.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of White Pine county is authorized to order the transfer of the sum of $64,694.31 from the White Pine county special-general fund to a White Pine county special fund. The special fund named shall be used only to effectuate the purposes of this act.
Sec. 2. The county treasurer and the county auditor of White Pine county are directed to make the transfer of funds authorized by this act when ordered so to do by the board of county commissioners.
Sec. 3. The funds authorized to be transferred by this act shall be used only for the purpose of constructing and reconstructing of a heating plant for the White Pine county courthouse, hospital and shops, and for providing a standby electric lighting plant for the White Pine county hospital, and for providing for the rewiring of the White Pine county hospital and courthouse. If sufficient money is available out of the funds hereby authorized to be transferred, provision may be made for a standby electric lighting plant for the White Pine county courthouse.
Sec. 4. This act shall become effective on passage and approval.
________
Senate Bill No. 151Committee on Judiciary.
CHAPTER 157
AN ACT to amend an act, entitled, An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 231 of the above-entitled act, being section 9882.231, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 231. Whenever all the property of an estate shall have been sold or there shall be sufficient funds in his hands for the payment of all debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator shall render and file his final account and pray for a settlement of his administration.
κ1953 Statutes of Nevada, Page 179 (CHAPTER 157, SB 151)κ
been sold or there shall be sufficient funds in his hands for the payment of all debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator shall render and file his final account and pray for a settlement of his administration. If the executor or administrator dies or becomes incompetent, his accounts may be presented by his personal representative or guardian to, and settled by, the court in which the estate of which he was executor or administrator is being administered, and upon petition of the successor of such deceased or incompetent executor or administrator, such court shall compel the personal representative or guardian of the deceased or incompetent executor or administrator, to render an account of the administration of his testator or intestate, and must settle such account as in other cases. In the absence of a personal representative or guardian of the deceased or incompetent executor or administrator then the court may compel the attorney for such deceased or incompetent executor or administrator to render an account of the administration of said deceased or incompetent executor or administrator to the extent that the attorney has information or records available to him for the purpose. The account of the attorney need not be verified. A fee shall be allowed the attorney by the court for this extraordinary service.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 159Committee on Judiciary.
CHAPTER 158
AN ACT to amend an act entitled, An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 19, 1953]
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 9882.12, 1929 N.C.L. 1941 Supp., as last amended by chapter 301, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 12. At least ten days before the hearing, copies of the notice of the hearing of a petition for probate and for the issuance of letters must be personally served upon the heirs of the testator and the devisees and legatees named in the will and all persons named as executors who are not petitioning, or mailed, postage prepaid, registered mail, from a post office within this state, addressed to such person or persons at their respective places of residence, if known to the petitioner; if not known, such notice shall be addressed and mailed, postage prepaid, to such persons whose addresses are unknown, to the county seat of the county where the proceedings are pending.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 180κ
Senate Bill No. 148Senator Brown.
CHAPTER 159
AN ACT to amend an act entitled, An act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905, as amended.
[Approved March 19, 1953]
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, as amended, being section 1354, N.C.L. 1929, is amended to read as follows:
Section 12. All maps and plats which shall hereafter be filed under the provisions of this act shall be made upon vellum or tracing cloth, and shall be of uniform size, 24 x 32 inches, with a borderline two inches from the left edge in order to leave room for binding and no map shall be accepted for filing made upon ordinary paper or blueprint. For filing each such map or plat the county recorder shall collect a fee of 25 cents for each lot mapped or platted, and 50 cents for indexing such map or plat.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 156Committee on Judiciary.
CHAPTER 160
AN ACT to amend an act entitled, An act providing a general corporation law, approved March 21, 1925.
[Approved March 19, 1953]
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 follow section 7 and to precede section 7(a) and to be known as section 7.1, which shall read as follows:
Section 7.1. The board of directors and stockholders of any corporation, when amending any portion of its articles of incorporation pursuant to the provisions of section 7 of this act, may, at the same time, and pursuant to the same procedure prescribed in section 7 to effect an amendment of articles, adopt amended articles of incorporation, which shall be thus titled, and which shall set forth in full each and every portion and provision of the original articles of incorporation as of record in the office of the secretary of state, including the execution and acknowledgement thereof, as amended to date; including also such portions or provisions of such articles as shall not have ever been amended; provided, that after each such portion or provision of said amended articles it shall be stated whether or not the same has been amended; and, if any portion or provision of said articles has been amended it shall be made to read as it was last amended, and the date of the certificate last amending the same shall be stated.
κ1953 Statutes of Nevada, Page 181 (CHAPTER 160, SB 156)κ
amended, and the date of the certificate last amending the same shall be stated.
Upon the filing with the secretary of state and with the county clerk of the certificate of amendment provided for in section 7 of this act, the articles of incorporation shall be deemed to be amended accordingly.
Notice of any meeting of stockholders at which the adoption of the subject amended articles of incorporation is to be considered, shall specifically state the purpose to consider the adoption thereof at said meeting.
Sec. 2. Section 9 of the above-entitled act, being section 1608, N.C.L. 1929, as last amended by chapter 121, Statutes of Nevada 1949, is hereby amended to read as follows:
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.
κ1953 Statutes of Nevada, Page 182 (CHAPTER 160, SB 156)κ
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.
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.
7. To make donations for the public welfare or for charitable, scientific, or educational purposes.
Sec. 3. The above-entitled act is hereby amended by adding thereto a new section to follow section 11 (a) and to be known as section 11 (b), which shall read as follows:
Section 11(b). A corporation shall not be obliged to but may execute and deliver a certificate for or including a fraction of a share. In lieu of executing and delivering a certificate for a fraction of a share, a corporation may (a) pay to any person otherwise entitled to become a holder of a fraction of a share an amount in cash specified for such purpose as the value thereof in the articles, plan of reorganization, agreement of consolidation, resolution of the board of directors, or other instrument pursuant to which such fractional share would otherwise be issued, or, if not specified therein, then as may be determined for such purpose by the board of directors of the issuing corporation, or (b) execute and deliver registered or bearer scrip over the manual or facsimile signature of an officer of the corporation or of its agent for that purpose, exchangeable as therein provided for full share certificates, but such scrip shall not entitle the holder to any rights as a shareholder except as therein provided.
κ1953 Statutes of Nevada, Page 183 (CHAPTER 160, SB 156)κ
full share certificates, but such scrip shall not entitle the holder to any rights as a shareholder except as therein provided. Such scrip may provide that it shall become void unless the rights of the holders are exercised within a specific period and may contain any other provisions or conditions that the corporation shall deem advisable. Whenever any such scrip shall cease to be exchangeable for full share certificates, the shares that would otherwise have been issuable as therein provided shall be deemed to be treasury shares unless the scrip shall contain other provision for their disposition.
Sec. 4. Section 29 of the above-entitled act, being section 1628, N.C.L. 1929, is hereby amended to read as follows:
Section 29. At any meeting of the stockholders of any corporation any stockholder may be represented and vote by a proxy or proxies appointed by an instrument in writing. In the event that any such instrument in writing shall designate two or more persons to act as proxies, a majority of such persons present at the meeting, or, if only one shall be present, then that one shall have and may exercise all of the powers conferred by such written instrument upon all of the persons so designated unless the instrument shall otherwise provide.
No such proxy shall be valid after the expiration of 6 months from the date of its execution, unless coupled with an interest, or unless the person executing it specifies therein the length of time for which it is to continue in force, which in no case shall exceed seven years from the date of its execution. Subject to the above, any proxy duly executed is not revoked and continues in full force and effect until an instrument revoking it or a duly executed proxy bearing a later date is filed with the secretary of the corporation.
Sec. 5. The above-entitled act is hereby amended by adding a new section to follow section 40 and to be known as section 40 (a), which shall read as follows:
Section 40(a). If at any time the surviving or consolidated corporation shall deem or be advised that any further grants, assignments, confirmations or assurances are necessary or desirable to vest or to perfect or confirm of record or otherwise in such surviving or consolidated corporation the title to any property of any constituent corporation, the officers or any of them and directors of such constituent corporation may execute and deliver any and all such deeds, assignments, confirmations and assurances and do all things necessary or proper so as to best prove, confirm and ratify title to such property in the surviving or consolidated corporation or to otherwise carry out the purposes of the merger or consolidation and the terms of the agreement of merger or consolidation or both. The surviving or consolidated corporation shall have the same power and authority to act in respect to any debts, liabilities and duties of the constituent corporations as the constituent corporations would have had, had they continued in existence.
Sec. 6. Section 85 of the above-entitled act, being section 1684, N.C.L. 1929, is hereby amended to read as follows:
Section 85. The seal of a corporation shall contain its name and year when incorporated, which year shall be that of the issuance of the certificate by the secretary of state, as required by this act.
κ1953 Statutes of Nevada, Page 184 (CHAPTER 160, SB 156)κ
year when incorporated, which year shall be that of the issuance of the certificate by the secretary of state, as required by this act. A departure from this provision shall not invalidate any corporate act otherwise valid, and the impression of the corporate seal on paper without wax or adhesive substance shall be a valid seal.
Sec. 7. This act shall be effective on passage and approval.
________
Senate Bill No. 102Committee on Judiciary.
CHAPTER 161
AN ACT relating to the termination of parental rights over minors; providing a procedure therefor; defining the jurisdiction of courts in relation thereto, and other matters relating thereto.
[Approved March 19, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Words and Terms Defined.
1. When used in this act the singular includes the plural, the plural the singular, and the masculine the feminine when consistent with the intent of this act.
2. Abandonment of child imports any conduct of one or both parents of a child which evinces a settled purpose on the part of one or both parents to forego all parental custody and relinquish all claims to the child, and a parent or parents of a child who shall leave said child in the care and custody of another without provision for his support and without communication for a period of 1 year shall be presumed to have intended to abandon said child.
3. Neglected child is any child who:
(a) Lacks the proper parental care by reason of the fault or habits of his parent, guardian or custodian.
(b) A child whose parent, guardian or custodian neglects or refuses to provide proper or necessary subsistence, education, medical or surgical care, or other care necessary for his health, morals or well-being.
(c) A child whose parent, guardian or custodian neglects or refuses to provide the special care made necessary by his physical or mental condition.
(d) A child who is found in a disreputable place, or who is permitted to associate with vagrants or vicious or immoral persons.
(e) A child who engages or is in a situation dangerous to life or limb, or injurious to health or morals of himself or others.
4. Unfit parent is any parent of a child who, by reason of his fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support, or who knowingly permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place.
Sec. 2. Jurisdiction of District Courts. The district courts shall have and exercise jurisdiction in all cases and proceedings under this act.
κ1953 Statutes of Nevada, Page 185 (CHAPTER 161, SB 102)κ
act. The jurisdiction of the district courts extends to any person who should be declared free from the custody and control of either or both of his parents. The words person who should be declared free from the custody and control of either or both of his parents, shall include any male person under the age of 21 years, and any female person under the age of 18 years, who shall have been abandoned or neglected by either or both his parents, or is a child of an unfit parent or parents, as those terms are defined in this act, and the fact of such abandonment, parental unfitness or neglect, has not been judicially established by a court of competent jurisdiction.
Sec. 3. Petition; Where May Be Filed. A petition alleging that: There is or resides within the county a child who has been abandoned by his parent or parents, or neglected by either parent, or is a child of an unfit parent or parents, and that such child should be declared free from the custody and control of his parent or parents, and praying that the district court deal with such person as provided in this act, may be filed at the election of the petitioner in:
1. The county in which such person is found; or,
2. The county in which the acts complained of occurred; or,
3. The county in which the person resides.
Sec. 4. Who May File Petition; Investigation. The director of the state welfare department, or his agent, the probation officer, or any other person may file with the clerk of the court a petition under the terms of this act. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
Sec. 5. Entitlement of Proceedings; Contents of Verified Petition.
1. The proceedings shall be entitled, In the matter of the parental rights as to ........................., a minor.
2. A petition shall be verified and may be upon information and belief. It shall set forth plainly:
(a) The facts which bring the child within the purview of this act.
(b) The name and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of the person or persons having custody or control of the child.
(e) The name and residence of his legal guardian, if there be one.
(f) The name and residence of the nearest known relative to the child, residing within the state, if no parent or guardian can be found.
3. If any of the facts required by subsection 2 are not known by the petitioner, the petition shall so state.
Sec. 6. Notice of Hearing; Contents and Personal Service. After a petition has been filed, unless the party or parties to be served shall voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at said time and place if such person desires to oppose said petition. The father or mother of such minor person, if residing within this state, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of such father or mother is not known to the petitioner, then the nearest known relative of such person, if there is any residing within the state, and if his residence and relationship is known to the petitioner, shall be personally served with the notice herein described.
κ1953 Statutes of Nevada, Page 186 (CHAPTER 161, SB 102)κ
so residing, or if the place of residence of such father or mother is not known to the petitioner, then the nearest known relative of such person, if there is any residing within the state, and if his residence and relationship is known to the petitioner, shall be personally served with the notice herein described.
Sec. 7. Service of Notice by Publication. If the father or mother of such person resides outside the state, or if his or her place of residence is not known to the petitioner, the petitioner or his agent, or attorney, shall make and file an affidavit and shall state therein the name of the father or mother who resides outside the state and his or her place of residence, if known to the petitioner, and the name of the father or mother residing in or out of the state whose place of residence is unknown to the petitioner. Thereupon, the judge shall make an order that the service of said notice be made by publication in a newspaper to be named and designated as most likely to give notice to the father or mother to be served, once a week for four consecutive weeks. In case of publication where the residence of a nonresident or absent parent is known, the judge may direct a copy of the notice, together with a copy of the petition, to be forthwith, and within 10 days from the date of the order, deposited in the post office, with postage thereto fully prepaid, directed to such parent to be served, at his or her place of residence. Service by publication or by publication and mailing, shall be complete at the expiration of four weeks from the date of the first publication. When publication is ordered, personal service of a copy of the notice, together with a copy of the petition, is equivalent to publication and deposit in the post office. Personal service shall be made, or service by publication shall be completed not less than 30 days prior to the day of the hearing as stated in the notice. Whenever personal service cannot be made, the court may require before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of a parent or parents as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice to a parent or parents shall be given whenever possible. If one or both of the parents of such minor be unknown, of if the name of either or both of his parents be uncertain, then such facts shall be set forth in said affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of such person, and to all persons claiming to be the father or mother of said person. Such notice, after the caption shall be addressed, shall be addressed substantially as follows: To the father and/or mother of the above-named person, and to all persons claiming to be the father and/or mother of such person.
Sec. 8. Form of Notice. The said notice shall be in substantially the following form:
In the..............................judicial district court of the State of Nevada, in and for the county of.........................
In the matter of parental rights
as to........................................., a minor.
Notice
To...................................., the father and/or................................., the mother of the above-named person; or, to the father and/or mother of the above-named person, and to all persons claiming to be the father and/or mother of such person; or, to.......................................,
κ1953 Statutes of Nevada, Page 187 (CHAPTER 161, SB 102)κ
mother of the above-named person; or, to the father and/or mother of the above-named person, and to all persons claiming to be the father and/or mother of such person; or, to......................................., related to the above-named minor as..................................... :
You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the said petition has been set for hearing before this court, at the courtroom thereof, at ......................................, in the county of................................, on the ..........day of..........................., 19........, at.........oclock...... m., at which time and place you are required to be present if you desire to oppose the said petition.
Dated.............................................., 19........
.................................................................
Clerk of court.
(seal) By ...........................................................
Deputy.
Sec. 9. Hearing; Evidence and Postponement. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition and shall in all cases require the petitioner to establish the facts and shall give full and careful consideration of all of the evidence presented, with due regard to the rights and claims of the parent or parents of such person and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of such minor person. In the event of postponement, all persons served, who are not present or represented in court at the time of such postponement, shall be notified thereof by the clerk by registered mail.
Sec. 10. Appointment of Attorney. In any such proceeding the judge may appoint an attorney to act on behalf of such minor person, or on behalf of the petitioner.
Sec. 11. Temporary and Final Orders Terminating Parental Rights. Whenever the procedure described in this act has been followed, and if upon the hearing of the petition the court shall determine that the child is abandoned or neglected, or that his parent or parents are unfit, the court shall enter an order determining such facts and shall make a temporary or final written order, signed by the judge presiding in such court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to such minor person, and declaring such person to be free from such custody or control, and placing those rights in some person or agency qualified by the laws of this state to provide services and care to children, or, to receive any children for placement. Whenever a temporary order is made, the court shall retain jurisdiction of the matter and may thereafter, and upon such notice as shall be required by the court, hear further evidence and may enter any order which could have been made on the completion of the original hearing.
Sec. 12. Effect of Final Order. Any final order made and entered by the court under the provisions of section 11 of this act shall be conclusive and binding upon the person declared to be free from the custody and control of his parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this act.
κ1953 Statutes of Nevada, Page 188 (CHAPTER 161, SB 102)κ
conclusive and binding upon the person declared to be free from the custody and control of his parent or parents, and upon all other persons who have been served with notice by publication or otherwise, as provided by this act. After the making of such final order, the court shall have no power to set aside, change or modify the same; but nothing in this act shall be construed to impair the right of appeal.
Sec. 13. Notice to Produce; Warrant of Arrest; Contempts. At any time after the filing of the petition notice may issue requiring any person having the custody or control of such minor person, or the person with whom such person is, to appear with such person at a time and place stated in the notice. In case such notice cannot be served, or the party served fails, without reasonable cause, to obey it, a warrant of arrest shall issue on the order of the court against the person so cited, or against the minor himself, or, against both; or, if there is no party to be served with such notice, a warrant of arrest may be issued against the minor person. If any party noticed, as provided for in this section, fails without reasonable cause to appear and abide by the order of the court, or to bring such minor person, such failure shall constitute a contempt of court.
Sec. 14. Expenses To Be County Charges. All expenses incurred in complying with the provisions of this act shall be a county charge.
Sec. 15. Effective Date. This act shall become effective upon passage and approval.
________
Senate Bill No. 103Senator Reid.
CHAPTER 162
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 casting and capping of artesian wells and for the prevention of waste of water therefrom; providing for the licensing of well drillers; providing a forfeiture clause and providing a method for determination of vested rights, and matters relating thereto; prescribing penalties for the violation of the provisions of this act; adding hereto sections 7a, 9a, and 9b, and repealing certain acts and parts of acts in conflict herewith, approved March 25, 1939, as amended.
[Approved March 20, 1953]
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 7993.13, 1929 N.C.L. 1949 Supp., 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 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 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; provided, however, that in the absence of such a petition from a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, he may upon his own motion enter an order in the same manner as if a petition, as heretofore described, had been received, and further provided that such order of the state engineer may be reviewed by the district court of the county pursuant to section 75 (section 7961, N.C.L.
κ1953 Statutes of Nevada, Page 189 (CHAPTER 162, SB 103)κ
area by basin, or 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; provided, however, that in the absence of such a petition from a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, he may upon his own motion enter an order in the same manner as if a petition, as heretofore described, had been received, and further provided that such order of the state engineer 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. 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. 2. Section 5 of the above-entitled act, being section 7993.14, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 5. Upon the initiation of the administration of this act in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters in such basin, and upon recommendation of the state engineer, the county commissioners of the county within which such basin is situated may employ, with the consent and approval of the state engineer, a well supervisor and whatever other assistants deemed necessary, who shall execute the duties as provided in this act under the direction of the state engineer. The salary of such well supervisor and his assistants shall be fixed by the board of county commissioners upon the recommendation of the state engineer. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of this act in such an amount as may be necessary to pay said salary or salaries, together with necessary expenses; provided, that in designated areas within which the use of ground water is predominantly for agricultural purposes such levy shall be charged against each water user who has a permit to appropriate water or a perfected water right and the charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in the designated area, it being understood that the minimum charge shall be one dollar; and further provided, said salary or salaries and expenses may be paid by the state engineer from The Water Distribution Fund, created by chapter 232, Statutes of 1931, as amended by chapter 23, Statutes of 1943, pending the levy and collection of the tax as provided in this section. It shall be the duty of the proper officers of the county to levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the said property. The tax herein provided for, when collected, shall be deposited with the state treasurer of Nevada in a fund in the state treasury which shall be designated as the................................
κ1953 Statutes of Nevada, Page 190 (CHAPTER 162, SB 103)κ
treasury which shall be designated as the................................basin, ..................................................County well fund. All claims against said fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners; the state controller is authorized to draw his warrant therefor against such well fund and the state treasurer shall pay the same.
________
Assembly Bill No. 321Committee on Judiciary.
CHAPTER 163
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 20, 1953]
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, as amended by section 3 of chapter 103, page 129, Statutes of 1949, is hereby amended to read as follows:
Section 6. Every person desiring to sink or bore a well in any basin or 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. In other basins or portions 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 aquifiers 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; provided, that within any ground-water basin which has been designated, or which may hereafter be so designated pursuant to section 4 of this act by the state engineer, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within said basin or for ground-water conservation purposes, the state engineer, in his discretion and in the administration of the ground-water law, is hereby authorized and directed to avail himself of the services of the governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity and upon request of the state engineer said governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected.
κ1953 Statutes of Nevada, Page 191 (CHAPTER 163, AB 321)κ
governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity and upon request of the state engineer said governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of such governing body or water conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.
Sec. 2. This act shall be effective upon passage and approval.
________
Senate Bill No. 113Senator Reid.
CHAPTER 164
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 law 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.
[Approved March 20, 1953]
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 4442.05, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 6. (a) Administrator; the administrator is the chairman of the public service commission of Nevada. (b) Department; the public service commission of Nevada acting directly or through its duly authorized officers and agents.
Sec. 2. Section 10 of the above-entitled act, being section 4442.09, 1929 N.C.L. 1941 Supp., as last amended by chapter 29, Statutes of Nevada 1949, 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 that person to attend school where no other transportation is available and the school is beyond walking distance from the residence of the person.
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 revoked until the expiration of the period for which such license was revoked; nor to any person whose license has been suspended; provided, that upon good cause shown to the administrator, the department may issue a restricted license to such person or shorten any period of suspension.
κ1953 Statutes of Nevada, Page 192 (CHAPTER 164, SB 113)κ
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 chauffeur, 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 examinations.
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.
Sec. 3. Section 11 of the above-entitled act, being section 4442.10, 1929 N.C.L. 1941 Supp., as last amended by chapter 187, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 11. (a) The department upon issuing a chauffeurs license shall indicate thereon the class of license so issued and shall appropriately examine each applicant according to the class of license applied for and may impose such rules and regulations for the exercise thereof as it may deem necessary for the safety and welfare of the traveling public.
(b) No person who is under the age of eighteen years shall drive any motor vehicle while in use as school bus for the transportation of pupils to or from school, except as provided in section 1 of this act, entitled, An act relating to the issuance of chauffeurs licenses for the operation of school buses and defining the requirements therefor, approved March 1, 1943, nor any motor vehicle while in use as a public or common carrier of persons or property, nor in either event until he has been licensed as a chauffeur and received a special chauffeurs license.
(c) No such person shall be granted a special chauffeurs license unless he has had one year of driving experience prior to the issuance thereof.
(d) No such license shall be granted until the department is fully satisfied as to the applicants competency and fitness to be so employed.
Sec. 4. Section 18 of the above-entitled act, being section 4442.17, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 18. The public service commission of Nevada may appoint as examiners sheriffs, chiefs of police or other officials or private citizens who it deems qualified. Any sheriff, chief of police or other person accepting appointment as an examiner shall conduct examinations hereunder and make such written report of findings and recommendations to the department as it may require.
κ1953 Statutes of Nevada, Page 193 (CHAPTER 164, SB 113)κ
hereunder and make such written report of findings and recommendations to the department as it may require.
Sec. 5. Section 20 of the above-entitled act, being section 4442.19, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 20. Every licensee shall have his operators or chauffeurs license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a justice of the peace, a peace officer, or a deputy of the department. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer an operators or chauffeurs license theretofore issued to him and valid at the time of his arrest.
It shall be unlawful for any person to operate a motor vehicle upon a public street or highway in this state without being the holder of a valid operators or chauffeurs license. Any person convicted of violating the provisions of this paragraph shall be guilty of a misdemeanor and shall be fined in a sum not less than $25 nor more than $100 and before any justice of the peace or magistrate shall impose sentence he shall require the person convicted to obtain a valid operators license or chauffeurs license or produce a notice of disqualification from the department.
Whenever the public service commission of Nevada has suspended or revoked the license of any operator or chauffeur, it shall be unlawful for such operator or chauffeur to operate a vehicle on the public streets and highways of this state during the period of suspension or revocation. Any person convicted of violating the provisions of this paragraph shall be guilty of a misdemeanor and shall be fined in a sum not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both such fine and imprisonment.
Sec. 6. Section 23 of the above-entitled act, being section 4442.22, 1929 N.C.L. 1941 Supp., as last amended by chapter 187, Statutes of Nevada 1943, is hereby repealed.
Sec. 7. There is hereby added to the above-entitled act a new section to be known as section 23, which shall immediately follow section 22, being section 4442.21, 1929 N.C.L. 1941 Supp., and which new section shall read as follows:
Section 23. Every operators license shall expire on the second anniversary of the date of birth of the applicant occurring after the 30th day of June next following the date of its issuance; provided:
(a) The present operators licenses of all persons whose birthdays fall between January 1 and June 30, 1953, shall be valid until June 30, 1953.
(b) The present operators licenses of all persons whose birthdays fall between June 30 and December 31, 1953, shall be valid until their birthdays.
Every such license shall be renewable on or during a 30-day period before its expiration upon application and payment of the required fee, and shall be renewed without examination unless the administrator has reason to believe that the licensee is no longer qualified to receive a license. The department may require that all persons whose licenses have expired must take the regular examinations as set forth in section 17 (a) of this act.
κ1953 Statutes of Nevada, Page 194 (CHAPTER 164, SB 113)κ
have expired must take the regular examinations as set forth in section 17 (a) of this act.
Every chauffeurs license shall expire July 1 of each year and shall be renewable on or during a 30-day period before its expiration date upon application and payment of the required fee. The department may in its discretion waive examination upon renewal of a chauffeurs license.
Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency shall be extended by the department to the termination of such service.
Sec. 8. Section 32 of the above-entitled act, being section 4442.31, 1929 N.C.L. 1941 Supp., as amended by chapter 187, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 32. (a) Whenever any person is convicted of any offense for which this act makes mandatory the revocation of the operators or chauffeurs license of such person by the department, the court in which such conviction is had shall require the surrender to it of all operators and chauffeurs licenses then held by the person so convicted, and the court shall thereupon, within five days, forward the same, together with a record of such conviction, to the department.
(b) Every court having jurisdiction over offenses committed under this act, or any other act of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within five days, forward to the department a record of the conviction of any person in said court for a violation of any said laws other than regulations governing standing or parking, and may recommend the suspension of the operators or chauffeurs license of the person so convicted.
(c) For the purposes of this act the term conviction shall mean a final conviction. Also, for the purpose of this act a forfeiture of bail or collateral deposited to secure a defendants appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
(d) The necessary expenses of mailing licenses and records of conviction to the department as required by paragraphs (a) and (b) of this section shall be paid by the court charged with the duty of forwarding such licenses and records of conviction.
Sec. 9. Section 36 of the above-entitled act, being section 4442.35, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 36. The department shall not suspend a license for a period of more than one year, and upon revoking a license shall not in any event grant application for a new license until the expiration of such period of revocation.
Sec. 10. That certain act entitled, An act to provide for the extension of operators and chauffeurs licenses for persons in the military services of the United States, approved March 5, 1943, being chapter 48, Statutes of Nevada 1943, is hereby repealed.
Sec. 11. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 195κ
Senate Bill No. 12Senator Johnson.
CHAPTER 165
AN ACT to amend an act entitled, An Act relating to the administration of state highway revenue-producing acts, consolidating under the public service commission of Nevada the administration of the motor vehicle registration act and the chauffeurs and drivers licensing act, the collection of motor carriers license fees and the excise taxes on gasoline and motor fuel, and certain functions of the state highway department concerning highway safety and safety education; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto, approved March 24, 1949, as amended.
[Approved March 20, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, as amended by chapter 232, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. There is hereby created within the public service commission of Nevada a division to be known as the Nevada highway patrol, which shall be composed of the following personnel appointed by the commission:
1 director,
1 inspector,
Not more than 39 additional personnel.
The appointed personnel shall be men qualified at the time of their appointment with the knowledge of all traffic laws of this state, the motor vehicle registration and licensing acts, the chauffeurs and drivers licensing act, the motor vehicle carrier licensing and regulation act and all the laws with respect to the imposition and collection of gasoline taxes and use fuel taxes. Personnel of the Nevada highway patrol shall be versed in the laws respecting the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state, and as to such violations and offenses they shall have the powers of police officers. The salaries of the personnel of the Nevada highway patrol shall be as provided by law, and the personnel shall be paid as other state officers are paid. Travel and subsistence payments shall be paid all personnel as is now or hereafter may be provided by law.
Sec. 2. Section 6 of the above-entitled act, as amended by chapter 32, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 6. The director of the Nevada highway patrol shall be ex officio superintendent of the Nevada state police, and shall receive no salary or compensation for such services as ex officio superintendent of the Nevada state police. The director shall be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties hereinafter provided in section 7 of this act, which powers and duties shall be performed under the direction and supervision of the public service commission. The director, when requested by the governor to preserve order, protect life or property, and enforce the laws of this state, may use such number of Nevada highway personnel as may be necessary for such purpose, and when so acting, the said personnel shall have and exercise general police powers, and their salaries and all expenses incidental to such operations shall be paid out of appropriations of the public service commission from the general fund.
κ1953 Statutes of Nevada, Page 196 (CHAPTER 165, SB 12)κ
the governor to preserve order, protect life or property, and enforce the laws of this state, may use such number of Nevada highway personnel as may be necessary for such purpose, and when so acting, the said personnel shall have and exercise general police powers, and their salaries and all expenses incidental to such operations shall be paid out of appropriations of the public service commission from the general fund. The expenses incurred in the administration of this act, and the powers and duties provided in this act, shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.
Sec. 3. This act shall be effective upon passage and approval.
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Senate Bill No. 170Committee on Judiciary.
CHAPTER 166
AN ACT to amend an act entitled, An act to provide for a state board of registered professional engineers; creating their duties and granting their powers; requiring all persons who practice professional engineering to obtain certificates and seals; empowering the board of registered professional engineers to hold hearings and providing for forfeiture, revocation, or suspension of certificates; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters relating thereto, approved March 29, 1919, as amended.
[Approved March 20, 1953]
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, as amended, being section 2875.05e, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 15. Every licensed land surveyor may administer and certify oaths: (a) When it becomes necessary to take testimony for the identification or establishment of old, lost, or obliterated corners. (b) When a corner or monument is found in a perishable condition. (c) When the importance of a survey makes it desirable to administer an oath to his assistants for the faithful performance of their duty.
1. A record of oaths shall be prepared as part of the field notes of the survey, and a memorandum of them shall be made on the record of survey to be filed under this article.
2. Any licensed land surveyor may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith.
3. Every map, plat, report, description, or other document issued by a land surveyor shall be signed by him, indorsed with his certificate number, and may be stamped with his seal, whenever such map, plat or report, description, or other document is filed as a public record or is delivered as a formal or final document.
4. It is unlawful for any person to sign, stamp, or seal any map, plat, report, description, or other document pertaining to the practice of land surveying, unless he be authorized to practice land surveying.
κ1953 Statutes of Nevada, Page 197 (CHAPTER 166, SB 170)κ
5. After making a survey in conformity with the practice of land surveying, the surveyor shall within ninety (90) days after the establishment of points or lines, file with the county recorder in the county in which the survey was made, a record of such survey relating to land boundaries and property lines, which discloses: (a) Material evidence, which in whole or in part, does not appear on any map or record previously recorded or filed in the office of the municipal engineer, county recorder, county clerk, county surveyor, or in the general land office of the United States. (b) A material discrepancy with such record. (c) Evidence that, by reasonable analysis, might result in alternate positions of points or lines. (d) The establishment of one or more lines not shown on any such a map, the positions of which are not ascertained from an inspection of such a map without trigonometric calculations. (6) Record of survey shall be a map legibly drawn in water-proof ink or tracing cloth, or other suitable transparent medium other than paper, the size to be twenty-four inches by thirty-two inches. (7) Record of survey shall show: (a) All monuments found, set, reset, or replaced, describing their kind, size, and location, and giving other data relating thereto. (b) Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map. (c) Name and legal designation of tract in which survey is located and ties to adjoining tracts. (d) Tie to coast and geodetic survey control system, if points of said system are established in the area in which the survey is made. (e) Memorandum of oaths, if any. (f) Signature and seal of surveyor. (g) Dates of survey. (h) Name of person or persons for whom survey is made. (i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown. (8) A record of survey is not required of any surveyors: (a) When it is made by a public officer in his official capacity, has been filed by him as a permanent record of his office and is available for public inspection. (b) When it is of a preliminary nature. (c) When a map is in preparation for recording or shall have been recorded under present law. (9) The charge for filing any record of survey and for indexing the same shall be $2.50. (10) The record of survey filed with the county recorder shall be suitably filed. He shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision. (11) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey. (12) Any monument set by a licensed land surveyor to mark or reference a point on property or land line shall be permanently and visibly marked or tagged with the certificate number of the land surveyor setting it, each number to be preceded by the letters R.E.
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κ1953 Statutes of Nevada, Page 198κ
Senate Bill No. 62Senators Lemaire and Whitacre.
CHAPTER 167
AN ACT to amend an act entitled, An act creating a state department of buildings and grounds, providing for the appointment of a superintendent of buildings and grounds, defining powers and duties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949.
[Approved March 21, 1953]
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 5 of chapter 320, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 5. The superintendent shall have supervision over and control of the state capital building, the capitol grounds and state water supply, the state printing office and grounds, the heroes memorial building, the state office building, the governors mansion and grounds, and all other state buildings, grounds, and properties not otherwise provided for by law. He shall direct the making of all repairs and improvements on the aforesaid buildings and grounds. All officers departments, boards, commissions, and agencies shall make requisition upon him for any repairs or improvements necessary in the capitol building or in other buildings or parts thereof owned by or leased to the state, and occupied by said officers, departments, boards, commissions, or agencies.
Sec. 2. Section 6 of the above-entitled act, being section 6 of chapter 320, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 6. The superintendent shall have authority to expend appropriated funds to meet expenses for the care, maintenance, and preservation of the aforesaid buildings and grounds and their appurtenances, and for the repair of the furniture and fixtures therein. He shall take proper precautions against damage thereto, or to the furniture, fixtures, or other public property therein. The superintendent is hereby authorized to accept fees from various departments and agencies that are not supported by legislative appropriation from the general fund, that are occupying space in various state-owned buildings. Such fees shall be deposited in the buildings and grounds contingent fund, hereby created. The money in the fund may be expended for the general purposes of the department.
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κ1953 Statutes of Nevada, Page 199κ
Senate Bill No. 120Senator Whitacre.
CHAPTER 168
AN ACT fixing the compensation of the county officers of Lyon county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Lyon 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 Lyon county, Nevada, shall receive a salary of $4,800 per annum for all his services as such officer; the district attorney of Lyon county is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners; the district attorney shall be empowered to employ a deputy who shall receive as salary an amount set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such a deputy necessary; the district attorney shall be allowed only his actual 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 Lyon county or any governmental agency.
Sec. 3. The sheriff of Lyon county shall receive the sum of $4,800 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 tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of times 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 Lyon county, may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive a salary not to exceed $3,840 per annum, and such other deputies as the board of county commissioners shall deem necessary who shall receive a salary not to exceed $3,840.
Sec. 4. The assessor of Lyon county shall receive a salary of $4,800 per annum; provided that when it becomes necessary in the discharge of his official duties for the assessor 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, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
κ1953 Statutes of Nevada, Page 200 (CHAPTER 168, SB 120)κ
and his living expenses while away from the county seat in the discharge of his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. The assessor of Lyon county may appoint a deputy who shall receive a salary not to exceed $3,840 per annum.
Sec. 5. The county clerk and ex officio treasurer of Lyon county, State of Nevada, and ex officio clerk of the district court of the first judicial district of the State of Nevada, in and for the county of Lyon, shall receive as salary the sum of $4,800 per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed $3,840 per annum.
Sec. 6. The county recorder in and for the county of Lyon, State of Nevada, and as ex officio auditor, shall receive the sum of $4,800 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 deputy, who shall receive a compensation in an amount not to exceed $3,840 per annum.
Sec. 7. The county commissioner of Lyon county, Nevada, shall receive the sum of $1,800 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.
Sec. 8. All annual salaries herein provided shall be payable semimonthly in twenty-four equal installments.
Sec. 9. The county commissioners of Lyon county, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such period of time as may be necessary and to fix their compensation in an amount not to exceed $10 per day for any such assistance; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of ten cents (10’) per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 10. Chapter 177, Statutes of Nevada 1951, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 11. This act shall be in full force and effect from and after April 1, 1953, and shall expire December 31, 1954.
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