[Rev. 12/19/2019 5:14:08 PM]
κ1915 Statutes of Nevada, Page 171 (CHAPTER 144)κ
Sec. 9. As soon as possible after the passage and approval of this act, or after this act shall become a law, the board of trustees of Preston school district shall proceed to select an appropriate site for said school building in the town of Preston, in said county, and the board of trustees of said county shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act. Sec. 10. The county treasurer of said White Pine County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto. Sec. 11. For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and required to levy and collect annually a special tax upon the assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines within the boundaries of said Preston school district, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, one of said bonds annually beginning on the first Monday in July, 1916, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the Preston School District Fund; provided, however, that if the amount of the tax levied upon the property within said Preston school district shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section, the board of county commissioners of said White Pine County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines within the boundaries of said White Pine County, and continue such levy from year to year to meet any deficit which may occur in said Preston school district fund, and the faith and credit of White Pine County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions, and tenor thereof. Sec. 12. It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1916, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired. Sec. 13. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Preston school district. |
To select site
Treasurer responsible
Special tax in district
Special tax in county, when
Interest must be paid
Tax to cease, when |
κ1915 Statutes of Nevada, Page 172 (CHAPTER 144)κ
Redemption of bonds
Interest ceases, when
Faith of state pledged |
shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Preston school district. Sec. 14. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Sec. 15. Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment, when they become due, all interest on said bonds shall thereafter immediately cease. Sec. 16. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. |
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Juror failing to appear, name drawn again
Certain exemptions |
Chap. 145An Act to amend section three of an act entitled An act regulating the manner of drawing juries in the district courts of this state, approved February 20, 1885.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of the above-entitled act is hereby amended to read as follows: Section 3. When a juror drawn is not summoned or fails to appear, or after appearing is excused by the judge from serving, his name shall be returned to the box to be drawn again. The board of commissioners shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there be not enough other suitable jurors in the county to do the required jury duty. |
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κ1915 Statutes of Nevada, Page 173κ
Chap. 146An Act to regulate the fees of the county clerk of Humboldt County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk of Humboldt County, State of Nevada, as county clerk and ex officio clerk of the district court of the Sixth judicial district of the State of Nevada, in and for Humboldt County, shall, from and after the passage of this act, charge and collect the following fees in civil, probate, and guardianship proceedings; provided, that said clerk shall neither charge nor collect, any fees for services by him rendered to the State of Nevada, or to the county of Humboldt: On the commencement of any action or proceedings in the district court, except probate proceedings, to be paid by the party commencing such action or proceeding, seven dollars; said fee to be paid in addition to the court fee of three dollars now provided by law. On an appeal to the district court, to be paid by the party taking such appeal, seven dollars; said fee to be paid in addition to the court fee of one dollar now provided by law. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars. For every additional defendant, or intervener, appearing separately, two dollars and fifty cents. The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making of the judgment roll. On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceedings there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee of one dollar and fifty cents now provided for by law. On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk in full for all services to be rendered in connection with said motion, two dollars and fifty cents. No fee shall be charged by the clerk for any services rendered in any criminal case. In all proceedings begun, or for acts performed, previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed. |
Fees of clerk of Humboldt County
Fees specified |
κ1915 Statutes of Nevada, Page 174 (CHAPTER 146)κ
Repeal |
and charges as were provided by law at the time such action or proceeding was begun or act performed. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
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Mortgage deemed interest in real or personal property
Proviso |
Chap. 147An Act to amend section 1 of an act entitled An act supplementary to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and repealing certain acts relating thereto, approved March 23, 1891, approved April 1, 1913.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of an act entitled An act supplementary to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and repealing certain acts relating thereto, approved March 23, 1891, approved April 1, 1913, is hereby amended to read as follows: Section 1. A mortgage, deed of trust, contract, or other obligation by which a debt is secured and which is a lien or incumbrance on real or personal property shall, for the purposes of assessment and taxation, be deemed, considered, and treated as an interest in said real or personal property thereby affected, except as to railroads and other quasi-public corporations, and the several assessors, in their respective counties in the state shall, in assessing and fixing the value of the real or personal property affected by any such mortgage or other instrument herein mentioned, treat, consider, and deem such instrument as an interest in the real or personal property, and the assessment of the real or personal property affected thereby for the purpose of taxation shall be deemed and taken as the assessment of such mortgage or other instrument; provided, that in no case shall the valuation for taxation fixed exceed the value of said property. |
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Chap. 148An Act to amend section 2 of an act entitled An act regulating the assessment and taxation of banks, and of the shares of stock therein, approved March 20, 1907.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an act entitled An act regulating the assessment and taxation of banks and of the shares of stock therein, approved March 20, 1907, is hereby amended to read as follows: Section 2. All shares of stock in banks, whether of issue or not, |
κ1915 Statutes of Nevada, Page 175 (CHAPTER 148)κ
not, existing by authority of the United States, or of the State of Nevada, or of any other state, territory, or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town, or district where such banks are located, and not elsewhere, in the assessment of all state, county, town, or special taxes, imposed and levied in such place, whether such owner is a resident of said county, city, town, or district, or not. All such shares shall be assessed at their full cash value on the first day of May, first deducting therefrom the proportionate value of the real estate belonging to the bank and the amount or value of such mortgages or trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is by law assessed. And the persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day next preceding the first day of May in each year shall be taken and deemed to be the owners thereof for the purposes of this section. |
Shares of bank stock assessed at full cash value
Who deemed owners |
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Chap. 149An Act to provide for the union of certain school districts for the purpose of securing instruction in manual training and domestic science, and matters properly related thereto.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any group of not to exceed six school districts in the state may form an industrial school union for the purpose of giving instruction in manual training or domestic science, or both manual training and domestic science. Such industrial school union shall be organized in the following manner: Whenever each of the boards of trustees of any number of school districts not exceeding six shall certify to the county commissioners of any county that by a resolution passed at a regularly called meeting of such board it was ordered that the school district become a part of . industrial school union, it shall be the duty of the county commissioners to designate such districts as constituting the industrial school union. If the trustees of more than six such school districts shall certify to the commissioners that they desire to join such industrial school union, the county commissioners shall decide which six districts of those applying shall constitute the industrial school union. Sec. 2. Whenever any industrial school union shall be thus organized by the county commissioners, the board of trustees of each of the districts constituting such industrial school union shall elect one of its members to become a member of the board of directors of the industrial school union, and the board of directors thus constituted shall have power, and it shall be their duty: |
Industrial school union, how formed
Directors of said school union |
κ1915 Statutes of Nevada, Page 176 (CHAPTER 149)κ
Powers of duties of directors
Trustees to decide regarding subjects taught
Tools, etc., must be provided |
of directors of the industrial school union, and the board of directors thus constituted shall have power, and it shall be their duty: 1. To meet at some place agreed upon by a majority of the board of directors on the second Saturday following the organization of the industrial school union by the county commissioners, at which meeting they shall elect a president and secretary of the board, and adopt such rules of procedure as they shall deem necessary. 2. To designate a time at which they will elect a teacher of manual training and domestic science for the industrial school union, and determine the salary to be paid. 3. To determine the amount of money each district constituting the industrial school union shall raise and contribute toward the salary of the manual training and domestic science teacher. The amounts to be raised by such districts shall be proportional to the property valuations of the several districts constituting the industrial school union. 4. To certify to the county commissioners the amount of money to be raised by each of the districts constituting the industrial school union, and it shall be the duty of the county commissioners to levy and cause to be collected in each of the districts constituting the industrial school union a special tax sufficient to raise the amount of money determined by the board of directors as the necessary amount to be raised by such district. Such taxes shall be levied, equalized, and collected in the same manner as other school district taxes are levied, equalized, and collected, and the money thus paid to the county treasurer shall constitute the teachers salary fund of . industrial school union, and shall be used for no other purpose than for paying the salary of the manual training and domestic science teacher of that industrial school union. 5. To make rules and regulations governing the schedule of time the manual training and domestic science teacher shall give to each district constituting the industrial school union. Sec. 3. It shall be the duty of the board of trustees of each of the districts constituting the industrial school union to decide whether manual training or domestic science, or both such subjects, shall be taught in such district, and to provide a suitable room in which the same shall be taught, and to equip such room with sufficient tools, apparatus, and material for the proper instruction in the subject selected. Sec. 4. If any district constituting the industrial school union shall fail to provide the necessary tools, apparatus, or material for the proper instruction in the subjects selected as provided in section 3 of this act, the board of directors shall authorize the manual training and domestic science teacher to purchase such necessary tools, apparatus, or material, and upon presentation of the bill for such supplies the board of directors shall order the county auditor to pay the same from the county school fund of the delinquent district, and the county auditor and the county treasurer shall pay such order in the same manner as other school orders are paid; provided, that no such purchases by the manual training and domestic science teacher shall exceed in value one hundred fifty dollars. |
κ1915 Statutes of Nevada, Page 177 (CHAPTER 149)κ
and the county treasurer shall pay such order in the same manner as other school orders are paid; provided, that no such purchases by the manual training and domestic science teacher shall exceed in value one hundred fifty dollars. Sec. 5. Meetings of the board of directors of the industrial school union shall be held at the call of the president, or at the request of any two members of the board. Such meetings shall be governed by the same rules governing other school boards of the state; provided, that a quorum for the transaction of business shall consist of not less than half of all the members of the board, except that the president and secretary may make legal orders for the salary of the teacher; and provided further, that members of the board of directors may vote by written proxy upon all questions except those involving teachers contracts or change of schedule of the teacher. Sec. 6. The industrial school union shall be under the same laws, rules, and regulations as the public schools of the state in so far as such laws, rules, and regulations are not in conflict with the provisions of this act. Sec. 7. The organization of the industrial school union shall remain undissolved for a period of two years from the thirtieth of June following the organization of the industrial school union by the county commissioners. At the end of the aforesaid two-year period the county commissioners shall renew the organization of the union upon receipt of the same kind of certified statements as provided in section 1 of this act. Sec. 8. All acts or parts of acts in conflict with this act are hereby repealed. |
Proviso
Meetings of directors
Quorum
Proxies, when
School law to govern
Organization undissolved for two years
Repeal |
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Chap. 150An Act to regulate the salaries of certain county officials of Clark County.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after April 1, 1915, the sheriff of Clark County shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable in twelve equal installments of two hundred ($200) dollars each month, and such commissions as are now allowed by law, not to exceed in the aggregate the total compensation of three thousand dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than ten miles from the county-seat. He shall appoint a deputy sheriff, who shall also act as jailer, at a compensation not to exceed one hundred and twenty-five ($125) dollars per month. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred dollars each per month, each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff, or by the board of county commissioners. |
Salaries of Clark County officers
Sheriff |
κ1915 Statutes of Nevada, Page 178 (CHAPTER 150)κ
Recorder
Clerk
Assessor
District attorney
Treasurer
County commissioners
Board to allow salaries
Repeal |
give such bond as may be required by the sheriff, or by the board of county commissioners. The county recorder and auditor shall receive a compensation of twenty-one hundred ($2,100) dollars per annum, and the board of county commissioners may allow him such thoroughly competent deputies, at a salary not to exceed one hundred ($100) dollars per month, as in their judgment the volume of the work in his office may require. All fees paid into the recorder and auditors office shall belong to the county. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of one hundred and fifty ($150) dollars per month. The county assessor shall receive a salary of one hundred and fifty ($150) dollars per month, and ten cents per mile actually traveled while in the performance of his duties. The district attorney shall receive a salary of one hundred and fifty ($150) dollars per month which shall be full compensation for all services rendered, and in addition thereto all necessary traveling expenses while in the performance of his duties. The county treasurer shall receive a salary of twenty-one hundred ($2,100) dollars per annum. The chairman of the county commissioners shall receive seventy-five ($75) dollars per month, and the other members of the board of county commissioners shall receive fifty ($50) dollars per month, and each commissioner shall be entitled to ten cents per mile for mileage while traveling upon the business of the county to and from meetings of the board. Sec. 2. The board of county commissioners of Clark County, Nevada, shall allow the salaries named in section 1 of this act as other salaries are allowed, the auditor shall draw his warrant for the same, and the county treasurer shall pay the same. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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Chap. 151An Act to amend section 8 of an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891.
[Approved March 16, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8 of an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, is hereby amended to read as follows: Section 8. Between the first day of January and the second Monday of July in each year, the county assessor, except when otherwise required by special enactment, shall ascertain, by diligent inquiry and examination, all property in his county, real and personal, subject to taxation, and also the names of all persons, corporations, associations, companies, or firms, owning the same; and he shall then determine the true cash value of all such property, and he shall then list and assess the same to the person, firm, corporation, association, or company owning it. |
κ1915 Statutes of Nevada, Page 179 (CHAPTER 151)κ
Monday of July in each year, the county assessor, except when otherwise required by special enactment, shall ascertain, by diligent inquiry and examination, all property in his county, real and personal, subject to taxation, and also the names of all persons, corporations, associations, companies, or firms, owning the same; and he shall then determine the true cash value of all such property, and he shall then list and assess the same to the person, firm, corporation, association, or company owning it. In arriving at the value of all public utilities the intangible or franchise element shall be considered as an addition to the physical value and a portion of the true cash value. For the purpose of enabling the assessor to make such assessments, he shall demand from each person or firm, and from the president, cashier, treasurer, or managing agent of each corporation, association, or company, including all banking institutions, associations, or firms within his county, a statement, under oath or affirmation, of all the real estate and personal property within the county, owned or claimed by such persons, firm, corporation, association, or company. If any person, officer, or agent shall neglect, or refuse, on demand of the assessor or his deputy to give, under oath or affirmation, the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be guilty of a misdemeanor, and shall be arrested upon complaint of the assessor, or his deputy, and upon conviction before a justice of the peace of the county, he or she shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not less than ten days nor more than three months, or by both such fine and imprisonment, at the discretion of the court. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation, as provided herein, within five days after demand is made therefor, the assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the assessor the property shall be assessed in his or her name; if unknown to the assessor the property shall be assessed to unknown owners. It is hereby made the duty of the assessor, at the end of each month, to report to the district or prosecuting attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this act, and it is hereby made the duty of such district or prosecuting attorney to prosecute all persons so offending. |
Assessor to ascertain names of owners of all property, and assess same
Franchises, how assessed
Penalty for neglect or refusal to give statement
District attorney to prosecute |
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κ1915 Statutes of Nevada, Page 180κ
Deputy superintendents must enforce U. S. flag act |
Chap. 152An Act to amend section 3 of an act entitled An act to require school trustees to procure and hoist on public schoolhouses the United States flag, approved March 13, 1909.
[Approved March 16, 1915]
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 is hereby amended so as to read as follows: Section 3. It is hereby made the duty of the deputy superintendent of public instruction of each school district in the State of Nevada to see that the provisions of this act are carried into effect, and each of said deputy superintendents of public instruction is hereby authorized and empowered to make such rules as may be necessary to enforce the provisions of this act. |
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Nevada tax commission
How composed |
Chap. 153An Act in relation to the public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith.
[Approved March 17, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a commission to be designated and known as the Nevada tax commission. Said Nevada tax commission shall consist of a chairman and four commissioners. One of said commissioners shall be versed in and possess a practical knowledge and experience in the classification of land, the value thereof, and of live stock and the value thereof. The chairman shall be the governor of Nevada. The four commissioners shall be, respectively, the three railroad commissioners of the railroad commission of Nevada, and one additional member, who shall be appointed by the railroad board provided for in section 4549 of the Revised Laws of Nevada, 1912, who shall act as secretary of said commission. Said appointment shall be made with the advice and consent of the senate within ten days after the passage of this act and before the adjournment of this legislature if practicable. The appointment of said commissioner shall be for a term of two years, or until his successor shall have been appointed and qualified. The chairman and each of said commissioners shall have a vote on all matters which may come before said commission. Not more than a majority of the said commission shall be of the same political party. Each commissioner shall devote his entire time to the duties of his respective offices, and shall not hold any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties as such commissioner, or serve on or under any committee of any political party. |
κ1915 Statutes of Nevada, Page 181 (CHAPTER 153)κ
any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties as such commissioner, or serve on or under any committee of any political party. Before entering upon his duties, the appointive commissioner, designated as secretary of said commission, shall enter into a bond payable to the State of Nevada, to be approved by the governor, in the sum of ten thousand dollars, conditioned on the faithful performance of his duties, and shall subscribe to the official oath. Sec. 2. The members of said commission shall have power to prescribe rules and regulations for its own government and governing the procedure and order of business of all regular and special sessions, and three members shall constitute a quorum for the transaction of business. The secretary shall keep full and correct records of all transactions and proceedings of said commission, and perform such other duties as may be required, and, with the approval and consent of the state board of examiners, may employ such clerical or expert assistance as may be required. Sec. 3. Said Nevada tax commission, hereinafter and heretofore referred to as said commission, is hereby empowered: First-To confer with, advise and direct assessors, sheriffs, as ex officio collectors of licenses, county boards of equalization, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues as to their duties; to direct what proceedings, actions or prosecutions shall be instituted to support the law. Said commission may call upon the district attorney of any county or the attorney-general to institute and conduct such civil or criminal proceedings as may be demanded. Second-To have the original power of appraisement or assessment of all property mentioned in section 5 of this act. Third-To establish and prescribe general and uniform rules and regulations governing the assessment of property by the assessors of the various counties, not in conflict with law; to prescribe the form and manner in which assessment rolls or tax lists shall be kept by assessors (and county commissioners shall supply books and blanks for the use of assessors in such form), and also to prescribe the form of the statements of property owners in making returns of their property; and it is hereby made the duty of all county assessors to adopt and put in practice such rules and regulations and to use and adopt such form and manner of keeping such assessment rolls or tax lists, and to use and require such property owners to use, and the county commissioners shall furnish, the blank statements required by said commission in making their property returns. Fourth-To require assessors, sheriffs, as ex officio collectors of licenses, and the clerks of the county boards of equalization, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, to furnish such information in relation to assessments, licenses, or the equalization of property valuations, and in such form as said commission may demand. |
Secretary
Bonds
Powers of commission
Powers of tax commission specified
Original power of assessment
Rules
Revenue officers must give information |
κ1915 Statutes of Nevada, Page 182 (CHAPTER 153)κ
Witnesses may be summoned
Oaths
May examine corporation books
Budgets of county expenses
General supervision of revenue system
Assessors, etc., to place untaxed property on rolls Foregoing powers do not exclude
Office at Carson City
Sessions |
or the equalization of property valuations, and in such form as said commission may demand. Fifth-To summon witnesses to appear and testify on any subject material to the determination of property valuations, licenses, or the net proceeds of mines, but no property owner and no officer, director, superintendent, manager, or agent of any company or corporation, whose property is wholly in one county, shall be required to appear, without his consent, at a place other than the county-seat or at the nearest town to his place of residence, or the principal place of business of such company or corporation. Such summons may be served by personal service by any member of said commission, or by the sheriff of the county, and who shall certify to such service without compensation therefor. Any member of said commission may administer oaths to witnesses. Sixth-To make diligent investigation with reference to any class or kind of property believed to be escaping just taxation; and in pursuance whereof, said commission, or any commissioner thereof, may examine the books and accounts of any person, copartnership, or corporation doing business in the state, when such examination is deemed necessary to a proper determination of the valuation of any property subject to taxation, or the determination of any licenses for the conduct of any business, or the determination of the net proceeds of any mine. Seventh-To require boards of county commissioners to submit a budget estimate of the county expenses for the current year in such detail and form as may be required by the Nevada tax commission; to require the county commissioners to increase or decrease the county tax rate to produce the net revenue estimated as necessary for the conduct of such county government in said budget. Eighth-The commission shall have, in addition to the specific powers enumerated, the power to exercise general supervision and control over the entire revenue system of the state. Ninth-The commission shall have the power to require county assessors, county boards of equalization, and any county auditor to place upon the rolls any property found to be escaping taxation. The enumeration of the foregoing powers shall not be considered as excluding the exercise of any needful and proper power and authority of said commission. Sec. 4. Said commission shall keep its office at Carson City, and shall be in general session and open for the transaction of business the usual hours and days in which public offices are kept open, except at such times as said commissioners may be engaged in their official duties elsewhere. Special sessions may be held at such times and places and for such purposes as said commission may declare. There shall annually be held at Carson City two regular sessions of said commission, namely, one beginning on the second Monday in January of each year at 9 oclock a. m., |
κ1915 Statutes of Nevada, Page 183 (CHAPTER 153)κ
at 9 oclock a. m., and continuing from day to day until the business is completed, at which valuations shall be established by said commission on the several kinds and classes of property mentioned in section 5 of this act; and one regular session shall be held annually beginning on the first day of October, or the first legal day thereafter, at the same hour, and continuing from day to day until the business is completed, at which said commission shall equalize property valuations in the state as provided in section 7 of this act exclusive of live stock. The publication in the statutes of the foregoing time, place, and purposes of such regular sessions shall be deemed sufficient notice thereof to all concerned, but said commission, if it so elects, may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise. All sessions shall be public and all parties interested shall have the right to appear, to be heard in person or by their agents or attorneys, or to submit evidence in documentary form. The publication once a week, for two consecutive weeks, of notice of a special session, in some newspaper of general circulation in the county in which such special session is to be held, or five days personal service on, or mailed notice to, the person, firm, or corporation affected, stating the time, place, objects, and purposes of such special session, shall be deemed sufficient notice thereof to all concerned. Sec. 5. At the regular session of said commission held on the second Monday of January of each year, said commission shall assess all live stock throughout the state, fixing the valuation per head for the year 1915, and thereafter using the valuation per head established by the preceding session of the state board of equalization for the then current year, as provided for in section 6 of this act, and shall establish the valuation on any property of an interstate or intercounty nature, and which shall in any event include: The property of all interstate or intercounty railroads, sleeping-car, private car line, street railway, traction, telegraph, water, telephone, and electric-light and -power companies, together with the franchises, and the property and franchises of all express companies operating on any common carrier in this state, and which foregoing, exclusive of live stock, shall be assessed as follows: Said commission shall establish the valuation of the franchises, and all physical property, used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, said commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and so apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission. The word company shall be construed to mean and include any person or persons, company, corporation, or association engaged in the business described. |
What is legal notice of sessions
All sessions public
Commission to assess all live stock
Railroads, etc.
Franchises
Mile-unit valuation
Company defined |
κ1915 Statutes of Nevada, Page 184 (CHAPTER 153)κ
All other property assessed by assessors
Tax commission and county assessors to sit as state board of equalization |
and include any person or persons, company, corporation, or association engaged in the business described. In case of the omission by said commission to establish a valuation for assessment purposes upon any property mentioned in this section, it shall be the duty of the assessors of any counties wherein such property is situated to assess the same. All other property shall be assessed by the county assessors. On or before the first Monday in June it shall be the duty of the said commission to transmit to the several assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission. Sec. 6. Beginning on the third Monday of August the said commission shall, together with the county assessors of the several counties of the state, sit in Carson City as a state board of equalization. The chairman of the said commission shall be the chairman of the said board of equalization, and each member of said commission and each of the county assessors shall have a vote upon said board. The secretary of the Nevada tax commission shall act as the secretary of the state board of equalization. The actual necessary expenses of the county assessors in attending the meeting of the said board of equalization shall be paid by the respective counties. At such meeting it shall be the duty of the state board of equalization to review the tax rolls of the various counties as corrected by county boards of equalization, and to raise or lower for the purpose of state equalization the valuations therein established by county assessors and county boards of equalization, on any class or piece of property in whole or in part in any county save and except those classes or property enumerated in section 5 of this act, exclusive of live stock, which shall be equalized by the said state board; and in equalizing the assessment of said property it shall be the duty of said state board of equalization to so raise or lower such valuation as to produce an aggregate assessment of all property within the state (including the property enumerated in section 5 of this act) sufficient when the state tax levy is applied thereto to produce the revenues required from taxation as shown in the budget of estimated state expenses provided for in section 8 of this act; provided, however, that if said state board of equalization shall fail to perform the duties enumerated in this section, the Nevada tax commission may make such equalization as will be necessary. Said board of equalization shall complete their labors on or before the thirtieth day of September, and any person whose assessment valuation has been raised by said state board of equalization may complain to the Nevada tax commission on or before the third Monday in October in said year, and said tax commission may correct or remedy any inequality or error so complained of. Showing on complaint may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof. |
κ1915 Statutes of Nevada, Page 185 (CHAPTER 153)κ
may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof. If any county assessor shall be unable to attend the meeting of the state board of equalization, the board of county commissioners may appoint a qualified person to act in his stead. At the meeting of the state board of equalization, as provided for in this section, in the year 1915, and annually thereafter, said state board of equalization shall fix the valuation for assessment purposes per head of all live stock in the state; said valuation, however, shall be subject to equalization. Sec. 7. At the regular session commencing on the first day of October, the Nevada tax commission for the purpose of state equalization may raise or lower any valuations theretofore established by it upon any class or piece of property, exclusive of live stock, enumerated in section 5 of this act, to conform with the equalization of assessments effected by the state board of equalization. Sec. 8. It shall be the duty of the state board of examiners, on or before the first Monday in May of each year, to prepare and file with the Nevada tax commission a detailed budget estimate of the aggregate amount of money necessary to be raised by taxation, and from other sources of revenue, to maintain the government of the state upon a cash basis for the current fiscal year. Sec. 9. The secretary of the Nevada tax commission shall certify any change in the assessed valuation of any piece or class or property in whole or in part made by the tax commission or the state board of equalization to the auditor of the county wherein such property is assessed and said auditor shall make such changes in the assessment roll prior to the delivery of his completed tax roll to the ex officio tax receiver. Sec. 10. No taxpayer shall be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all actions at law shall be for redress from the findings of said commission or the state board of equalization, and may not be instituted upon the act of an assessor, or of a county board of equalization or the state board of equalization until said commission has denied the complainant redress. Said Nevada tax commission, in that name, may sue and be sued, and shall be so named as defendant in any action at law brought under the provisions of this section, and the attorney-general shall defend the same, but the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that any valuation established or equalized by said commission or the state board of equalization is unjust and inequitable. Sec. 11. (a) Any property owner whose taxes exceed the sum of $300, who has instituted a court proceeding for redress from any increased valuation of his property for assessment purposes, and who shall have paid his December installment of taxes thereon in full, may, on filing with the treasurer of the county a certificate of the clerk of any court that such issue is pending, |
May regulate valuations, except live stock
State budget required
Secretary to certify changes
Taxpayers not deprived of legal redress
Attorney-general to defend suits
Method of paying taxes by owner if court proceedings are instituted |
κ1915 Statutes of Nevada, Page 186 (CHAPTER 153)κ
Method of paying taxes
Method of paying when owner has applied to tax commission for redress
All property assessed at full cash value |
pending, pay his June installment in two separate payments, to wit: One payment in a sum which, when added to the December installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy; and the other for the balance required to make up the full June installment; and said county treasurer shall receipt for the latter as a special deposit to be held by such treasurer undisbursed until the court, by its finding, shall award it; and said property in such case shall not be liable for any penalty under the delinquent tax act; and if the court, by its findings, reduces the assessment of such property, said county treasurer, on order of the court, shall refund from such special deposit an amount corresponding to such reduction; and if the court shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. (b) Any property owner whose taxes are less than $300, and who has paid his December installment of taxes in full, may, on filing with the treasurer of the county a certificate of the secretary of the Nevada tax commission that he has made complaint or applied to said commission for redress from any increased valuation of his property, pay his June installment in two separate payments, one payment in the sum which, when added to the December installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full June installment; and the county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer undisbursed until the Nevada tax commission shall, by its findings, grant or refuse redress from such increased valuation, and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the Nevada tax commission, by its findings, reduces the assessment valuation of such property, said county treasurer, on order of said commission, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues; and if said commission shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. This section and all remedies granted thereunder shall apply to any increased assessment or valuation heretofore made for the fiscal year 1914 and hereafter. Nothing in this section shall be deemed to deprive any taxpayer of any right or remedy he may now have or be entitled to under the laws of Nevada. Sec. 12. All property subject to taxation shall be assessed at its full cash value. Sec. 13. In pursuance of the general supervision and control over the revenue system of the state, said commission is hereby empowered to investigate and determine the net proceeds of all operating mines. |
κ1915 Statutes of Nevada, Page 187 (CHAPTER 153)κ
empowered to investigate and determine the net proceeds of all operating mines. In pursuance whereof, said commission, in each instance, shall investigate and determine from all obtainable data, evidence, and reports, the gross value of the bullion actually extracted from the reduction of the ores and the proceeds from the sale of the ores of any mine, mining claim, or patented mine, and to deduct therefrom only such actual costs of extraction, transportation, reduction, or sale of ores, as shall be deemed by said commission to be just, proper, and reasonable, and not introduced to deprive or defraud the state of any portion of its just revenue; and in any suit at law arising under the provisions of this section, the burden of proof shall be upon the owner of such mine, mining claim, or patented mine, to establish that any item of cost disallowed by said commission is, nevertheless, just, proper, and reasonable, and not entered to defraud the state. Sec. 14. All the provisions of this act with respect to county assessors, sheriffs, as ex officio collectors of licenses, county commissioners, county auditors, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, and persons summoned as witnesses, the requirement of witnesses to testify, the examination of the books and accounts of persons, copartnerships, and corporations doing business in this state, are mandatory; and any such county officer, or witness summoned, or witness required to testify, or person, copartner, or officer, director, superintendent, or manager, or agent of any corporation, who neglects, fails, or refuses to comply with such mandates shall, for the first offense, be deemed guilty of a misdemeanor, and subject to the penalty prescribed in section 6285, Revised Laws of Nevada; and for persistence therein, constituting a second offense, shall be deemed guilty of a gross misdemeanor, and subject to the penalty prescribed in section 6284 of said Revised Laws. Any person who shall testify falsely shall be guilty of and punished for perjury. Sec. 15. All acts herein required between the assessment and the collection of the taxes or commencement of suit shall be directory merely; and no assessment, or act relating to assessment, or collection of taxes shall be illegal on account of informality, nor because the same was not completed within the time required by law. Sec. 16. The commissioner designated as secretary shall receive a salary of three thousand dollars per annum, payable in equal monthly installments as other state officers are paid. The second associate commissioner of the railroad commission of Nevada as ex officio member of the Nevada tax commission shall receive a salary of five hundred dollars per annum payable in equal monthly installments as other state officers are paid; the governor and the other commissioners shall receive no compensation for their services as members of the Nevada tax commission. |
Proceeds of mines, assessment of, method of procedure
Provisions of this act mandatory
Penalty for refusal
False testimony perjury
Informalities not to invalidate
Salaries of secretary and second associate commissioner |
κ1915 Statutes of Nevada, Page 188 (CHAPTER 153)κ
Members to receive actual expenses
Appropriation, $10,000
Annual report Printing to be done at state printing office
Other act repealed
Meetings continuation of old commission
Expires by limitation |
Sec. 17. The members of the said commission, and such expert assistants as may be employed, shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of said commission. Sec. 18. The sum of ten thousand dollars ($10,000) is hereby annually appropriated, out of any moneys in the state treasury not otherwise appropriated, to carry out the purposes of this act, and which shall be available for necessary clerical hire, office furniture and fixtures, advertising, rental, and traveling and other expenses. All such expenditures shall be certified to by the chairman of said commission, and, when approved by the state board of examiners, shall be paid by the treasurer from such appropriation on warrants drawn by the controller. Sec. 19. The commission shall make and publish an annual report for each calendar year, showing its transactions and proceedings for the year. Sec. 20. All forms, blanks, envelopes, letterheads, circulars, and reports required to be printed by said commission may, in its discretion, be printed at the state printing office under the general provisions of the act entitled An act to designate and authorize the work to be done in the state printing office, approved March 5, 1909. Sec. 21. An act entitled An act in relation to the public revenues, creating the Nevada tax commission, defining its powers and duties, and matters relating thereto, and repealing all other acts or parts of acts in conflict herewith, approved March 20, 1913, and all other acts or parts of acts in conflict herewith, are hereby repealed; provided, however, that all meetings of this commission shall be deemed, and shall be, continuation of such meetings as are now being held, or in session, of the Nevada tax commission, created under and by virtue of An act in relation to the public revenues, creating the Nevada tax commission, defining its powers and duties, and matters relating thereto, and repealing all other acts or parts of acts in conflict herewith, approved March 20, 1913. Sec. 22. This act shall expire by limitation on March 15, 1917, unless revived by future legislation. |
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Branch county high schools authorized |
Chap. 154An Act to provide for the establishment of branch county high schools under certain conditions, in counties having a county high school, and other matters properly connected therewith.
[Approved March 17, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of any county in the state having a county high school or schools may establish a branch county high school, and it shall be the duty of the county commissioners to do so whenever the county board of education of such county shall certify that the conditions named in section 2 of this act exist and are complied with. |
κ1915 Statutes of Nevada, Page 189 (CHAPTER 154)κ
duty of the county commissioners to do so whenever the county board of education of such county shall certify that the conditions named in section 2 of this act exist and are complied with. Sec. 2. Whenever a school district in a county having a county high school or county high schools is in need of and desires county aid for securing or maintaining full high-school instruction and privileges for its children, it may, through its board of trustees, petition the county commissioners to establish in the district a branch county high school. The petition shall set forth the following facts: 1. That said district has already in attendance in its high school twenty or more properly qualified high-school pupils and full high-school work is being done; 2. That the income of the district from county and state apportionments is insufficient for giving such pupils necessary high-school instruction, and that its assessed valuation is too small for it to raise the needed funds from special district taxation; 3. That the district is situated forty miles or more from the county high school, and the parents are unable to send their children to the county high school; 4. That the district is able to and will provide the necessary rooms or buildings for all the high-school work; 5. That the district asks for the establishment therein of a branch county high school under the management and the control of the county board of education. Sec. 3. Any branch county high school that may be established under the provisions of this act shall be under the full control and management of the county board of education, and it shall be governed in its powers and duties in reference to the said branch county high school by the provisions contained in the Revised Laws of Nevada, 1912, sections 3419, 3420, 3421, 3422, and 3423 (School Code, sections 179, 180, 181, 182, and 183). Sec. 4. None of the provisions of this act shall in any wise impair or abrogate the provisions of An act authorizing boards of county commissioners to transfer certain funds to the county school fund of school districts, or to levy a special county tax in certain cases, and other matters properly connected therewith, as found in the Statutes of Nevada, 1913, pages 166 and 167 (School Code, 1913, pages 73 and 74). |
County aid, how secured
Petition
Facts set forth
Under control of county board of education
Not to conflict with certain act |
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κ1915 Statutes of Nevada, Page 190κ
School of mines at Tonopah under control of university
Expenditure authorized |
Chap. 155An Act creating a school of mines to be located at Tonopah, Nevada.
[Approved March 17, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a school of mines, to be known as the Tonopah school of mines, to be located at Tonopah, Nye County, Nevada, to be under the direction and control of the board of regents of the University of Nevada. The principal in charge of said school of mines shall receive a salary of twenty-two hundred and fifty dollars per annum, payable in twelve equal monthly installments on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect. Sec. 2. The said board of regents of the University of Nevada is hereby authorized and empowered to expend for the support and maintenance of the Tonopah school of mines for the years 1915 and 1916, in addition to the salary of the principal in charge of said school of mines, the sum of seven hundred and fifty dollars. |
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Qualifications of bank examiner |
Chap. 156An Act to amend an act entitled An act to regulate banking and other matters relating thereto, approved March 22, 1911.
[Approved March 17, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 50 of the above-entitled act is hereby amended to read as follows: Section 50. The governor shall appoint a bank examiner who shall be a person who has had practical banking experience; he shall receive a salary of four thousand dollars per year, payable in equal monthly installments out of the general fund of the state; he may be removed from office at any time by a majority vote of the whole banking board. During his term of office the examiner shall not be permitted to examine the affairs of any bank in which he has an interest nor in which he is or, within one year next preceding his appointment, was an officer or employee. Until further action by the banking board, the present bank examiner shall be continued in office with all the powers and duties thereby conferred and imposed. In every case where the examiner shall be called upon to settle up the affairs of a bank, in accordance with the provisions of this act, he may, if the circumstances in his judgment warrant such action, appoint a deputy bank examiner to aid him in carrying out the provisions of this act; the examiner shall fix the salary of such deputy, which shall not exceed the sum of two hundred dollars per month, payable monthly out of the general fund of the state. |
κ1915 Statutes of Nevada, Page 191 (CHAPTER 156)κ
examiner shall fix the salary of such deputy, which shall not exceed the sum of two hundred dollars per month, payable monthly out of the general fund of the state. Such deputy shall perform such duties as the examiner shall direct (but no deputy shall be appointed except in connection with the liquidation of the business of a bank, nor shall his employment continue longer than may be required for that purpose, and he shall be subject to removal at any time at the pleasure of the examiner or of the state banking board. The bank examiner shall occupy the offices of the state banking board and shall act as secretary of the board). The seal of the state banking board shall be as heretofore prescribed, and all licenses and orders issued by the board and by its authority shall be attested by the seal of the state banking board and by the signature of the bank examiner. Sec. 2. Section 55 of the above-entitled act is hereby amended to read as follows: Section 55. The examiner shall require from the clerks and assistants, including a deputy examiner, if any, employed in the settling up of the affairs of any bank, in accordance with this act, such security for the faithful performance of their duties as he may deem proper. Sec. 3. Section 66 of the above-entitled act is hereby amended to read as follows: Section 66. The deputy bank examiners, if any, shall, before entering upon the discharge of their duties, take and subscribe the constitutional oath of office. |
Deputy may be appointed in connection with liquidation of banks
Seal of board
Security from assistants
Official oath |
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Chap. 157An 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 17, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three hundred and ten of an act entitled An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, is hereby amended so as to read as follows: Section 310. In the trial of all indictments, complaints, and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given his testimony being left solely to the jury, under the instructions of the court; provided, that no special instruction shall be given relating exclusively to the testimony of the defendant, or particularly directing the attention of the jury to the defendants testimony. |
Defendant deemed competent witness for himself |
κ1915 Statutes of Nevada, Page 192 (CHAPTER 157)κ
Defendant not compelled to testify
Indeterminate sentence, how fixed
Judge and district attorney
In effect July 1, 1915 |
Sec. 2. Section three hundred and eleven of said act is hereby amended so as to read as follows: Section 311. Nothing herein contained shall be construed as compelling any such person to testify. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the constitution, no person can be compelled, in a criminal action, to be a witness against himself. Sec. 3. Section four hundred and ten of said act, as amended by act approved March 24, 1913 (Statutes, 1913, page 274), is hereby amended so as to read as follows: Section 410. Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law, the court shall, in addition to any fine or forfeiture which he may impose, direct that such person be confined in the state prison, for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted; and where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in his discretion at not less than one year nor more than five years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment. Immediately after the rendition of judgment in such case the district judge who presided at the trial and the district attorney who prosecuted the case shall transmit to the secretary of the board of pardons and parole commissioners a written statement of facts within their knowledge which may aid said board in the exercise of the powers conferred by section 411 of this act, and may include in such statement such comments as they may deem pertinent. Sec. 4. This act shall take effect July first, one thousand nine hundred and fifteen. |
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|
Chap. 158An Act to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended March 24, 1913, and to repeal certain sections of said amendatory act of March 24, 1913.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 104 of said act is hereby amended so as to read as follows: Section 104. The answer of the defendant shall contain: |
κ1915 Statutes of Nevada, Page 193 (CHAPTER 158)κ
1. A general or specific denial of the allegations in the complaint intended to be controverted by the defendant, or a denial thereof according to information and belief. In denying any allegation in the complaint, not presumptively within the knowledge of the defendant, it shall be sufficient to put such allegation in issue, for the defendant to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief. 2. A statement, in ordinary and concise language, of any new matter constituting a defense or counterclaim. Sec. 2. Section 115 of said act is hereby amended so as to read as follows: Section 115. When the answer contains new matter, constituting a defense, or a counterclaim, the plaintiff shall, within ten days after service of such answer or within ten days after notice of the overruling of the demurrer thereto, serve and file a reply. Said reply shall consist of: First-A general or specific denial of the allegations in the answer, or in the counterclaim, intended to be controverted by the plaintiff, or a denial thereof according to information and belief. In denying any allegation in the answer, or in the counterclaim, not presumptively within the knowledge of the plaintiff, it shall be sufficient to put such allegations in issue for the plaintiff to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief. Second-Any new matter not inconsistent with the complaint, constituting a defense to the matter alleged in the answer; or the matter in the answer may be confessed, and any new matter alleged, not inconsistent with the complaint, which avoids the same. Sec. 3. Section 116 of said act is hereby amended so as to read as follows: Section 116. If the plaintiff fails to demur or reply to the new matter, contained in the answer, constituting a defense, the same shall be deemed admitted; and if the plaintiff fails to demur or reply to the counterclaim, the same shall be deemed admitted. Sec. 4. Section 133 of said act is hereby amended so as to read as follows: Section 133. Each material allegation of the complaint not controverted by the answer, and each material allegation of new matter in the answer not controverted by the reply, and each material allegation in the counterclaim not controverted by the reply, must, for the purposes of the action, be taken as true. All allegations of new matter in the reply are to be deemed controverted by the adverse party. Sec. 5. Section 1, section 2, and section 3 of an act entitled 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 24, 1913, are hereby repealed. |
Answer, what must contain
Reply, what shall contain
Failure to reply deemed admission
Allegations, when considered as true
Certain sections repealed |
κ1915 Statutes of Nevada, Page 194 (CHAPTER 158)κ
In effect |
relation thereto, approved March 17, 1911, approved March 24, 1913, are hereby repealed. Sec. 6. This act shall take effect from and after its passage and approval. |
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Contracts to sell, and sales
Capacity-liability for necessaries
Form of contract or sale
Statute of frauds |
Chap. 159An Act to regulate sales of personal property, and to make uniform the law relating thereto.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
PART I Formation of the Contract Contracts to Sell, and Sales. Section 1. (1) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price. (2) A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price. (3) A contract to sell or a sale may be absolute or conditional. (4) There may be a contract to sell or a sale between one part owner and another. Capacity-Liabilities for Necessaries. Sec. 2. Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery.
formalities of the contract Form of Contract or Sale. Sec. 3. Subject to the provisions of this act, and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.
Statute of Frauds. Sec. 4. (1) A contract to sell or a sale of any goods or choses in action of the value of two hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf. |
κ1915 Statutes of Nevada, Page 195 (CHAPTER 159)κ
earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the sellers business, the provisions of this section shall not apply. (3) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
subject-matter of contract Existing and Future Goods. Sec. 5. (1) The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called future goods. (2) There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods.
Undivided Shares. Sec. 6. (1) There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares. (2) In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight, or measure of the goods in the mass, and though the number, weight, or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight, or measure bought bears to the number, weight, or measure of the mass. If the mass contains less than the number, weight, or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent appears. |
Statute of frauds
Existing and future goods
Undivided shares |
κ1915 Statutes of Nevada, Page 196 (CHAPTER 159)κ
Destruction of goods sold
Destruction of goods contracted to be sold
Definition and ascertainment of price |
Destruction of Goods Sold. Sec. 7. (1) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the agreement is void. (2) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale- (a) As avoided, or (b) As transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price of the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was divisible.
Destruction of Goods Contracted To Be Sold. Sec. 8. (1) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault on the part of the seller or the buyer, the goods wholly perish, the contract is thereby avoided. (2) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault of the seller or the buyer, part of the goods perish or the whole or a material part of the goods so deteriorate in quality as to be substantially changed in character, the buyer may at his option treat the contract- (a) As avoided, or (b) As binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyers option, is bound to transfer if the contract was divisible.
the price Definition and Ascertainment of Price. Sec. 9. (1) The price may be fixed by the contract, or may be left to be fixed in such manner as may be agreed, or it may be determined by the course of dealing between the parties. (2) The price may be made payable in any personal property. (3) Where transferring or promising to transfer any interest in real estate constitutes the whole or part of the consideration for transferring or for promising to transfer the property in goods, this act shall not apply. (4) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. |
κ1915 Statutes of Nevada, Page 197 (CHAPTER 159)κ
Sale at a Valuation. Sec. 10. (1) Where there is a contract to sell or a sale of goods at a price or on terms to be fixed by a third person, and such third person, without fault of the seller or the buyer, cannot or does not fix the price or terms, the contract or the sale is thereby avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor. (2) Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed by Parts IV and V of this act.
conditions and warranties Effect of Conditions. Sec. 11. (1) Where the obligation of either party to a contract to sell or a sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first-mentioned party may also treat the nonperformance of the condition as a breach of warranty. (2) Where the property in the goods has not passed, the buyer may treat the fulfilment by the seller of his obligation to furnish goods as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to perform his promise to accept and pay for the goods.
Definition of Express Warranty. Sec. 12. Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the sellers opinion only, shall be construed as a warranty.
Implied Warranties of Title. Sec. 13. In a contract to sell or a sale, unless a contrary intention appears, there is- (1) An implied warranty on the part of the seller that in case of a sale he has a right to sell the goods, and that in case of a contract to sell he will have a right to sell the goods at the time when the property is to pass; (2) An implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale; (3) An implied warranty that the goods shall be free at the time of the sale from any charge of encumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made; |
Sale at a valuation
Effect of conditions
Definition of express warranty
Implied warranties of title |
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Implied warranty in sale by description
Implied warranties of quality
Implied warranties in sale by sample |
(4) This section shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, or other person professing to sell, by virtue of authority in fact or law, goods in which a third person has a legal or equitable interest.
Implied Warranty in Sale by Description. Sec. 14. Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description, and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Implied Warranties of Quality. Sec. 15. Subject to the provisions of this act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the sellers skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose. (2) Where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. (3) If the buyer has examined the goods there is no implied warranty as regards defects which such examination ought to have revealed. (4) In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose. (5) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. (6) An express warranty or condition does not negative a warranty or condition implied under this act unless inconsistent therewith.
sale by sample Implied Warranties in Sale by Sample. Sec. 16. In the case of a contract to sell or a sale by sample- (a) There is an implied warranty that the bulk shall correspond with the sample in quality. (b) There is an implied warranty that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, except so far as otherwise provided in section 47 (3). (c) If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. |
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an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
PART II Transfer of Property as Between Seller and Buyer No Property Passes Until Goods Are Ascertained. Sec. 17. Where there is a contract to sell unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained, but property in an undivided share of ascertained goods may be transferred as provided in section 6.
Property in Specific Goods Passes when Parties so Intend. Sec. 18. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade, and the circumstances of the case.
Rules for Ascertaining Intention. Sec. 19. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer: Rule 1. Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed. Rule 2. Where there is a contract to sell specific goods and the seller is bound to do something to the goods, for the purpose of putting them into a deliverable state, the property does not pass until such thing be done. Rule 3. (1) When goods are delivered to the buyer on sale or return, or on other terms indicating an intention to make a present sale, but to give the buyer an option to return the goods instead of paying the price, the property passes to the buyer on delivery, but he may revest the property in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. (2) When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the property therein passes to the buyer- (a) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. |
No property passes until goods are ascertained
Property in specific goods passes when parties so intend
Rules for ascertaining intention |
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Rules
Reservation of right of possession or property when goods are shipped |
then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact. Rule 4. (1) Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made. (2) Where, in pursuance of a contract to sell, the seller delivers the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20. This presumption is applicable, although by the terms of the contract, the buyer is to pay the price before receiving delivery of the goods, and the goods are marked with the words collect on delivery, or their equivalents. Rule 5. If the contract to sell requires the seller to deliver the goods to the buyer, or at a particular place, or to pay the freight or cost of transportation to the buyer, or to a particular place, the property does not pass until the goods have been delivered to the buyer or reached the place agreed upon.
Reservation of Right of Possession or Property when Goods Are Shipped. Sec. 20. (1) Where there is a contract to sell specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of possession or property in the goods until certain conditions have been fulfilled. The right of possession or property may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. (2) Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods. But if, except for the form of the bill of lading, the property would have passed to the buyer on shipment of the goods, the sellers property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract. (3) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the buyer or of his agent, but possession of the bill of lading is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods as against the buyer. |
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(4) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the property in the goods, although the bill of exchange has not been honored, provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful.
Sale by Auction. Sec. 21. In the case of sale by auction- (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale- (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from sale unless the auction has been announced to be without reserve. (3) A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf, or for the auctioneer to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer.
Risk of Loss. Sec. 22. Unless otherwise agreed, the goods remain at the sellers risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyers risk whether delivery has been made or not, except that- (a) Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations, under the contract, the goods are at the buyers risk from the time of such delivery. (b) Where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. |
Reservation of right
Sale by auction
Risk of loss |
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Sale by a person not the owner
Sale by one having a voidable title
Sale by seller in possession of goods already sold
Creditors rights against sold goods in sellers possession
Definition of negotiable documents of title |
fault as regards any loss which might not have occurred but for such fault.
transfer of title Sale by a Person Not the Owner. Sec. 23. (1) Subject to the provisions of this act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the sellers authority to sell. (2) Nothing in this act, however, shall affect- (a) The provisions of any factors acts, recording acts, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof. (b) The validity of any contract to sell or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction.
Sale by One Having a Voidable Title. Sec. 24. Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the sellers defect of title.
Sale by Seller in Possession of Goods Already Sold. Sec. 25. Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods, the delivery or transfer by that person, or by an agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving and paying value for the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Creditors Rights Against Sold Goods in Sellers Possession. Sec. 26. Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods and such retention of possession is fraudulent in fact or is deemed fraudulent under any rule of law, a creditor or creditors of the seller may treat the sale as void.
Definition of Negotiable Documents of Title. Sec. 27. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document, is a negotiable document of title.
Negotiation of Negotiable Documents by Delivery. Sec. 28. A negotiable document of title may be negotiated by delivery- |
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(a) Where by the terms of the document the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods to the bearer, or (b) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the document has indorsed it in blank or to bearer. Where by the terms of a negotiable document of title the goods are deliverable to bearer or where a negotiable document of title has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the document shall thereafter be negotiated only by the indorsement of such indorsee.
Negotiation of Negotiable Documents by Indorsement. Sec. 29. A negotiable document of title may be negotiated by the indorsement of the person to whose order the goods are by the terms of the document deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank to bearer, or to another specified person. Subsequent negotiation may be made in like manner.
Negotiable Documents of Title Marked Not Negotiable. Sec. 30. If a document of title which contains an undertaking by a carrier, warehouseman, or other bailee to deliver the goods to the bearer, to a specified person or order, or to the order of a specified person, or which contains words of like import, has placed upon it the words not negotiable, non-negotiable, or the like, such a document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this act. But nothing in this act contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title of placing thereon the words not negotiable, non-negotiable, or the like.
Transfer of Non-Negotiable Documents. Sec. 31. A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable document cannot be negotiated and the indorsement of such a document gives the transferee no additional right.
Who May Negotiate a Document. Sec. 32. A negotiable document of title may be negotiated- (a) By the owner thereof, or (b) By any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the document the bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery. |
Negotiation of negotiable documents by delivery
Negotiation of negotiable documents by indorsement
Negotiable documents of title marked not negotiable
Transfer of non-negotiable documents
Who may negotiate a document |
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Rights of person to whom document has been negotiated
Rights of person to whom document has been transferred
Transfer of negotiable document without indorsement
Warranties on sale of document |
possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery.
Rights of Person to Whom Document Has Been Negotiated. Sec. 33. A person to whom a negotiable document of title has been duly negotiated acquires thereby- (a) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value, and (b) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him.
Rights of Person to Whom Document Has Been Transferred. Sec. 34. A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor. If the document is non-negotiable such person also acquires the right to notify the bailee who issued the document of the transfer thereof and thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document. Prior to the notification of such bailee by the transferor or transferee of a non-negotiable document of title, the title of the transferee to the goods and the right to acquire the obligation of such bailee may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to such bailee by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.
Transfer of Negotiable Document Without Indorsement. Sec. 35. Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the document unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.
Warranties on Sale of Document. Sec. 36. A person who for value negotiates or transfers a document of title by indorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants- (a) That the document is genuine; (b) That he has a legal right to negotiate or transfer it; |
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(c) That he has knowledge of no fact which would impair the validity or worth of the document, and (d) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby.
Indorser Not a Guarantor. Sec. 37. The indorsement of a document of title shall not make the indorser liable for any failure on the part of the bailee who issued the document or previous indorsers thereof to fulfil their respective obligations.
When Negotiations Not Impaired by Fraud, Mistake, or Duress. Sec. 38. The validity of the negotiation of a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the document was induced by fraud, mistake, or duress to entrust the possession or custody thereof to such person, if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor, without notice of the breach of duty, or fraud, mistake, or duress.
Attachment or Levy upon Goods for Which a Negotiable Document Has Been Issued. Sec. 39. If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in the possession of such bailee, be attached by garnishment or otherwise or be levied upon under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. The bailee shall in no case be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court.
Creditors Remedies to Reach Negotiable Documents. Sec. 40. A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
PART III Performance of the Contract Seller Must Deliver, and Buyer Accept, Goods. Sec. 41. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract to sell or sale. |
Indorser not a guarantor
When negotiations not impaired by fraud, mistake, or duress
Attachment or levy upon goods for which a negotiable document has been issued
Creditors remedies to reach negotiable documents
Seller must deliver, and buyer accept, goods |
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Delivery and payment are concurrent conditions
Place, time, and manner of delivery
Delivery of wrong quantity |
Delivery and Payment Are Concurrent Conditions. Sec. 42. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
Place, Time, and Manner of Delivery. Sec. 43. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the sellers place of business, if he have one, and if not, his residence; but in case of a contract to sell or a sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery. (2) Where by a contract to sell or a sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on the buyers behalf; but as against all others than the seller the buyer shall be regarded as having received delivery from the time when such third person first has notice of the sale. Nothing in this section, however, shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.
Delivery of Wrong Quantity. Sec. 44. (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract rate. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. |
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may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between parties.
Delivery in Installments. Sec. 45. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments. (2) Where there is a contract to sell goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken.
Delivery to a Carrier on Behalf of the Buyer. Sec. 46. (1) Where, in pursuance of a contract to sell or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in section 19, rule 5, or unless a contrary intent appears. (2) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such transit.
Right to Examine the Goods. Sec. 47. (1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. |
Delivery in installments
Delivery to a carrier on behalf of the buyer
Right to examine the goods |
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Right to examine goods
What constitutes acceptance
Acceptance does not bar action for damages
Buyer is not bound to return goods wrongly delivered
Buyers liability for failing to accept delivery |
opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. (3) Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words collect on delivery, or otherwise, the buyer is not entitled to examine the goods before payment of the price in the absence of agreement permitting such examination.
What Constitutes Acceptance. Sec. 48. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.
Acceptance Does Not Bar Action for Damages. Sec. 49. In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know, of such breach, the seller shall not be liable thereunder.
Buyer Is Not Bound to Return Goods Wrongly Delivered. Sec. 50. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them.
Buyers Liability for Failing to Accept Delivery. Sec. 51. When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods. If the neglect or refusal of the buyer to take delivery amounts to a repudiation or breach of the entire contract, the seller shall have the rights against the goods and on the contract hereinafter provided in favor of the seller when the buyer is in default. |
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hereinafter provided in favor of the seller when the buyer is in default.
PART IV Rights of Unpaid Seller Against the Goods Definition of Unpaid Seller. Sec. 52. (1) The seller of goods is deemed to be an unpaid seller within the meaning of this act- (a) When the whole of the price has not been paid or tendered. (b) When a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise. (2) In this part of this act the term seller includes an agent of the seller to whom the bill of lading had been indorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price, or of any other person who is in the position of a seller.
Remedies of an Unpaid Seller. Sec. 53. (1) Subject to the provisions of this act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has- (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (c) A right of resale as limited by this act; (d) A right to rescind the sale as limited by this act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer.
unpaid sellers lien When Right of Lien May Be Exercised. Sec. 54. (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer. |
Definition of unpaid seller
Remedies of an unpaid seller
When right of lien may be exercised |
κ1915 Statutes of Nevada, Page 210 (CHAPTER 159)κ
Lien after part delivery
When lien is lost
Seller may stop goods on buyers insolvency
When goods are in transit |
Lien After Part Delivery. Sec. 55. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an intent to waive the lien or right of retention.
When Lien Is Lost. Sec. 56. (1) The unpaid seller of goods loses his lien thereon- (a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the property in the goods or the right to the possession thereof; (b) When the buyer or his agent lawfully obtains possession of the goods; (c) By waiver thereof. (2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the goods.
stoppage in transitu Seller May Stop Goods on Buyers Insolvency. Sec. 57. Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
When Goods Are in Transit. Sec. 58. (1) Goods are in transit within the meaning of section 57- (a) From the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee; (b) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them even if the seller has refused to receive them back. (2) Goods are no longer in transit within the meaning of section 57- (a) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination; (b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that a further destination for the goods may have been indicated by the buyer; |
κ1915 Statutes of Nevada, Page 211 (CHAPTER 159)κ
(c) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf. (3) If the goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer. (4) If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods.
Ways of Exercising the Right to Stop. Sec. 59. (1) The unpaid seller may exercise his right of stoppage in transitu either by obtaining actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer. (2) When notice of stoppage in transitu is given by the seller to the carrier or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. The expenses of such delivery must be borne by the seller. If, however, a negotiable document of title representing the goods has been issued by the carrier or other bailee, he shall not be obliged to deliver or justified in delivering the goods to the seller unless such document is first surrendered for cancelation.
resale by the seller When and How Resale May Be Made. Sec. 60. (1) Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. He shall not thereafter be liable to the original buyer upon the contract to sell or the sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale. (2) Where a resale is made, as authorized in this section, the buyer acquires a good title as against the original buyer. (3) It is not essential to the validity of a resale that notice of an intention to resell the goods be given by the seller to the original buyer. But where the right to resell is not based on the perishable nature of the goods or upon an express provision of the contract or the sale, the giving or failure to give such notice shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the resale was made. |
Ways of exercising the right to stop
When and how resale may be made |
κ1915 Statutes of Nevada, Page 212 (CHAPTER 159)κ
When and how the seller may rescind the sale
Effect of sale of goods subject to lien or stoppage in transitu |
such notice shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the resale was made. (4) It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer. (5) The seller is bound to exercise reasonable care and judgment in making a resale, and subject to this requirement may make a resale either by public or private sale.
rescission by the seller When and How the Seller May Rescind the Sale. Sec. 61. (1) An unpaid seller having a right of lien or having stopped the goods in transitu, may rescind the transfer of title and resume the property in the goods, where he expressly reserved the right to do so in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time. The seller shall not thereafter be liable to the buyer upon the contract to sell or the sale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale. (2) The transfer of title shall not be held to have been rescinded by an unpaid seller until he has manifested by notice to the buyer or by some other overt act an intention to rescind. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the right of rescission was asserted.
Effect of Sale of Goods Subject to Lien or Stoppage in Transitu. Sec. 62. Subject to the provisions of this act, the unpaid sellers right of lien or stoppage in transitu is not affected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented thereto. If, however, a negotiable document of title has been issued for goods, no sellers lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the sellers claim to a lien or right of stoppage in transitu.
PART V Actions for Breach of the Contract remedies of the seller Action for the Price. Sec. 63. (1) Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods. |
κ1915 Statutes of Nevada, Page 213 (CHAPTER 159)κ
wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods. (2) Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract. But it shall be a defense to such an action that the seller at any time before judgment in such action has manifested an inability to perform the contract or the sale on his part or an intention not to perform it. (3) Although the property in the goods has not passed, if they cannot readily be resold for a reasonable price, and if the provisions of section 64 (4) are not applicable, the seller may offer to deliver the goods to the buyer, and, if the buyer refuses to receive them, may notify the buyer that the goods are thereafter held by the seller as bailee for the buyer. Thereafter the seller may treat the goods as the buyers and may maintain an action for the price.
Action for Damages for Nonacceptance of the Goods. Sec. 64. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyers breach of contract. (3) Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept. (4) If, while labor or expense of material amount are necessary on the part of the seller to enable him to fulfil his obligations under the contract to sell or the sale, the buyer repudiates the contract or the sale, or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for no greater damages than the seller would have suffered if he did nothing towards carrying out the contract or the sale after receiving notice of the buyers repudiation or countermand. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in estimating such damages.
When Seller May Rescind Contract or Sale. Sec. 65. Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract to sell or sale, or has manifested his inability to perform his obligations thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer. |
Action for the price
Action for damages for nonacceptance of the goods
When seller may rescind contract or sale |
κ1915 Statutes of Nevada, Page 214 (CHAPTER 159)κ
Action for converting or detaining goods
Action for failing to deliver goods
Specific performance
Remedies for breach of warranty |
thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer.
REMEDIES OF THE BUYER Action for Converting or Detaining Goods. Sec. 66. Where the property in the goods has passed to the buyer and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain any action allowed by law to the owner of goods of similar kind when wrongfully converted or withheld.
Action for Failing to Deliver Goods. Sec. 67. (1) Where the property in the goods has not passed to the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for nondelivery. (2) The measure of damages is the loss directly and naturally resulting in the ordinary course of events, from the sellers breach of contract. (3) Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.
Specific Performance. Sec. 68. Where the seller has broken a contract to deliver specific or ascertained goods, a court having the powers of a court of equity may, if it thinks fit, on the application of the buyer, by its judgment or decree direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just.
Remedies for Breach of Warranty. Sec. 69. (1) Where there is a breach of warranty by the seller, the buyer may, at his election- (a) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price; (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty; (c) Refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for the breach of warranty; (d) Rescind the contract to sell or the sale and refuse to receive the goods, or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid. |
κ1915 Statutes of Nevada, Page 215 (CHAPTER 159)κ
return them or offer to return them to the seller and recover the price or any part thereof which has been paid. (2) When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted. (3) Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer. But if deterioration or injury of the goods is due to the breach of warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. (4) Where the buyer is entitled to rescind the sale and elects to do so the buyer shall cease to be liable for the price upon returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price. (5) Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the repayment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by section 53. (6) The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. (7) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.
Interest and Special Damages. Sec. 70. Nothing in this act shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.
PART VI Interpretation Variation of Implied Obligations. Sec. 71. Where any right, duty, or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale. |
Remedies for breach of warranty
Interest and special damages
Variation of implied obligations |
κ1915 Statutes of Nevada, Page 216 (CHAPTER 159)κ
Rights may be enforced by action
Rule for cases not provided for by this act
Interpretation shall give effect to purpose of uniformity
Provisions not applicable to mortgages
Definitions |
be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.
Rights May Be Enforced by Action. Sec. 72. Where any right, duty or liability is declared by this act, it may, unless otherwise by this act provided, be enforced by action.
Rule for Cases Not Provided for by This Act. Sec. 73. In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress, or coercion, mistake, bankruptcy, or other invalidating cause, shall continue to apply to contracts to sell and to sales of goods.
Interpretation Shall Give Effect to Purpose of Uniformity. Sec. 74. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Provisions Not Applicable to Mortgages. Sec. 75. The provisions of this act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security.
Definitions. Sec. 76. (1) In this act, unless the context or subject-matter otherwise requires- Action includes counterclaim, set-off, and suit in equity. Buyer means a person who buys or agrees to buy goods, or any legal successor in interest of such person. Defendant includes a plaintiff against whom a right of set-off or counterclaim is asserted. Delivery means voluntary transfer of possession from one person to another. Divisible contract to sell or sale means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation. Document of title to goods includes any bill of lading, dock warrant, warehouse receipt, or order for the delivery of goods, or any other document used in the ordinary course of business, in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document. Fault means wrongful act or default. |
κ1915 Statutes of Nevada, Page 217 (CHAPTER 159)κ
Fungible goods means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other unit. Future goods means goods to be manufactured or acquired by the seller after the making of the contract of sale. Goods include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. Order in sections of this act relating to documents of title means an order by indorsement on the document. Person includes a corporation or partnership, or two or more persons having a joint or common interest. Plaintiff includes defendant asserting a right of set-off or counterclaim. Property means the general property in goods, and not merely a special property. Purchaser includes mortgagee and pledgee. Purchases includes taking as a mortgagee or as a pledgee. Quality of goods includes their state or condition. Sale includes a bargain and sale as well as a sale and delivery. Seller means a person who sells or agrees to sell goods, or any legal successor in the interest of such person. Specific goods means goods identified and agreed upon at the time a contract to sell or a sale is made. Value is any consideration sufficient to support a simple contract. An antecedent or preexisting claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor. (2) A thing is done in good faith within the meaning of this act when it is in fact done honestly, whether it be done negligently or not. (3) A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a deliverable state within the meaning of this act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.
Act Does Not Apply to Existing Sales or Contracts to Sell. Sec. 76a. None of the provisions of this act shall apply to any sale, or to any contract to sell, made prior to the taking effect of this act. |
Definitions
Act does not apply to existing sales or contracts to sell |
κ1915 Statutes of Nevada, Page 218 (CHAPTER 159)κ
No repeal of uniform warehouse receipt act or certain other named acts
Inconsistent legislation repealed
Time when the act takes effect
Name of act |
No Repeal of Uniform Warehouse Receipt Act or Certain Other Named Acts. Sec. 76b. Nothing in this act or in any repealing clause thereof shall be construed to repeal or limit any of the provisions of the act to make uniform the law of warehouse receipts, or what is known as the bulk sales act, being sections 3908 to 3912, inclusive, of the Revised Laws of Nevada, or the law relating to the mortgage of personal property.
Inconsistent Legislation Repealed. Sec. 77. All acts or parts of acts inconsistent with this act are hereby repealed, except as provided in section 76b.
Time When the Act Takes Effect. Sec. 78. This act shall take effect on the first day of April, one thousand nine hundred and fifteen.
Name of Act. Sec. 79. This act may be cited as the Uniform Sales Act. |
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Preamble
Appropriation, $3,500
Duties of controller and treasurer |
Chap. 160An Act to pay the deficiency in the appropriation made to the state agricultural society for the year 1914.
[Approved March 18, 1915]
Whereas, The state agricultural society incurred an indebtedness of thirty-five hundred dollars on conducting a state fair during the year 1914 over and above the appropriation made by the State of Nevada for that year:
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-five hundred dollars is hereby appropriated, out of any moneys in the general fund of the state, for the payment of the deficiency in the appropriation made to the state agricultural society for the year 1914. Sec. 2. The state controller is hereby directed to draw his warrant in favor of the president of the board of directors of the state agricultural society for the sum of thirty-five hundred dollars specified in this act, and the state treasurer is directed to pay the same. |
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Chap. 161An Act to amend 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 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 285 of the above-entitled act, same being section 5227, Revised Laws of Nevada, 1912, is hereby amended to read as follows: |
κ1915 Statutes of Nevada, Page 219 (CHAPTER 161)κ
Section 285. Upon a trial of a question of fact by the court, its decision must be given within thirty days after the cause is submitted for decision. The court may, however, at any time before a notice of appeal is served and filed, or before a motion for a new trial is ruled upon, if such motion is made, add to or modify the findings in any respect, so as to make the same conform to the issues presented by the pleadings, and to the evidence adduced at the trial. No such additions to, or modifications of, the findings shall be made unless a notice in writing specifying generally the additions or modifications desired shall have been served on the adverse party or his attorney of record. |
Question of fact must be decided by court within 30 days |
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Chap. 162An Act to pay a deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty-four hundred and sixteen dollars and seventy cents ($4,416.70) is hereby appropriated, out of any moneys in the general fund of the state, for the payment of this deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen, as follows: May, 1914, $436; June, $438.45; July, $626.02; August, $566; September, $495.64; October, $561.23; November, $515.90; December, $777.46. Sec. 2. The state controller is hereby directed to draw his warrant in favor of the state fish commission for the several amounts specified in this act, and the state treasurer is hereby directed to pay the same. |
$4,416.70 for relief of fish commission
Duties of controller and treasurer |
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Chap. 163An Act to amend section 405 of an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 405 of said act is amended so as to read as follows: Section 405. If the appeal be from a judgment or order directing the payment of money, or from an order dissolving or refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sufficient sureties, stating their place of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, |
Appeal not to stay execution unless sureties filed |
κ1915 Statutes of Nevada, Page 220 (CHAPTER 163)κ
Appeal not to stay in execution, when
Regulations regarding undertaking |
in the judgment or order, or double the sum of the value of the property attached, as the case may be; that if the judgment or order appealed from, or any part thereof, be affirmed, or such appeal be dismissed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court, in the court in which the appeal is taken, judgment may be entered on motion of the respondent, in his favor against the sureties for such amount, together with the interest that may be due thereon and the damages and costs which may be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in said judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from or any part thereof be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by him by reason of said appeal and the stay of execution thereon. |
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Preamble
Appropriation, $61.31 |
Chap. 164An Act for the relief of the Gray, Reid, Wright company.
[Approved March 18, 1915]
Whereas, During the years 1911 and 1912 the Gray, Reid, Wright company of Reno, Nevada, did furnish to the Nevada state prison a quantity of supplies for which there is an unpaid balance of sixty-one and 31/100 ($61.31) dollars due to said company, which amount was not paid because the apportionment for said institution for said years was exhausted, or the balance had reverted to the general fund: now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the payment of the above-mentioned claim, the state controller is hereby authorized to issue his warrant to the Gray, Reid, Wright company of Reno, Nevada, for the sum of sixty-one and 31/100 ($61.31) dollars, and the state treasurer is directed to pay the same. |
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κ1915 Statutes of Nevada, Page 221κ
Chap. 165An Act regulating appropriations and to prevent state officials and the chiefs or heads of boards, bureaus, commissions, departments, or institutions of the State of Nevada from exceeding the appropriations made by the legislature for their support, or for the support and benefit of such boards, bureaus, commissions, departments, and institutions.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sums appropriated for the various branches of expenditure in the public service of the state shall be applied solely to the objects for which they are respectively made, and for no others. Sec. 2. It shall be unlawful for any state official, or any chairman, chief, or head of any board, bureau, commission, department, or institution of the State of Nevada to incur any outlay or expenditure in excess of the appropriation or appropriations made by the legislature for the support, use, and benefit of such official, board, bureau, commission, department, or institution, except in cases of extreme emergency, and then only by the unanimous vote of the state board of examiners. Sec. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than three hundred dollars. |
Appropriations applied specifically
Deficiency created only by unanimous vote of state board of examiners
Penalty |
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Chap. 166An Act to provide for the printing and distribution of the farmers and homeseekers bulletins hitherto issued by the bureau of industry, agriculture and irrigation, and other matters relating thereto.
[Approved March 18, 1915]
Whereas, The displays of the resources of Nevada at the San Francisco and San Diego expositions are expected to result in a large number of requests for literature relative to the agricultural resources and opportunities for homeseekers in Nevada; and Whereas, The several farmers and homeseekers bulletins of the Nevada bureau of industry, agriculture and irrigation, hitherto issued, are admirably adapted to answer such inquirers and secure such homeseekers; and Whereas, The available number on hand of such publications is inadequate to meet such demand: now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after April 1, 1915, the state engineer shall receive all mail addressed to the bureau of industry, agriculture and irrigation, immigration department, commissioner of agriculture, or similar designations, and where the same is a request for any bulletin hitherto issued by such bureau, or may be answered by the subject-matter of any such bulletin, he shall mail or cause to be mailed the same to such address. |
Bulletins for the expositions |
κ1915 Statutes of Nevada, Page 222 (CHAPTER 166)κ
Inquiries from prospective settlers, how answered
State printer to print, when
Immigration fund created
How disbursed
Half price for literature; to go to state printing office fund
Repeal |
agriculture and irrigation, immigration department, commissioner of agriculture, or similar designations, and where the same is a request for any bulletin hitherto issued by such bureau, or may be answered by the subject-matter of any such bulletin, he shall mail or cause to be mailed the same to such address. When any such inquiry can best be answered by any department of the University of Nevada or of the state government, he shall refer such correspondence to such department for reply. Sec. 2. The state printer, on the order of the state engineer certifying that the copies for distribution of any such bulletin are exhausted or substantially exhausted, shall reprint such number of copies thereof as the state engineer with the approval of the state board of examiners may order, not exceeding ten thousand, and deliver the same to the state engineer. Sec. 3. All furniture, office equipment, and other property of the bureau of industry, agriculture and irrigation, after April 1, 1915, shall be sold by the state board of capitol commissioners, and the proceeds of such sale shall be deposited in the state treasury in a fund to be known as the immigration fund, and none of such property shall be transferred temporarily or permanently to any other department of the state government except at its reasonable market value and in pursuance of chapter 187, Statutes of 1913, and in such instance the state engineer is authorized to receipt for the warrant provided for in section 2 of said chapter. All moneys in said immigration fund shall be subject to disbursement, exclusively, in payment for postage, envelopes, stationery, and wrappers, used in distributing the publications herein mentioned, and for the purchase of new cuts for illustrations, or colored covers when necessary, and all disbursements from immigration fund shall be on certificates of the state engineer, approved by the state board of examiners, and paid as other claims against the state are paid. Sec. 4. Any person, company, corporation, or association engaged in colonizing lands in Nevada may apply for, and be entitled to receive, such number of copies of any such publication as desired, on payment to the state of one-half the actual cost of the publication thereof; and all moneys so paid shall be deposited in the state treasury to the credit of the appropriation in support of the state printing office. Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
________
κ1915 Statutes of Nevada, Page 223κ
Chap. 167An Act appropriating fifty dollars out of the legislative fund of the twenty-seventh session of the Nevada legislature, to be paid to James Reid, porter of the senate, and William Lear, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-seventh session.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty dollars is hereby appropriated out of the legislative fund of the twenty-seventh session of the Nevada legislature, of which twenty-five dollars is to be paid to James Reid, porter of the senate, and twenty-five dollars to be paid to William Lear, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-seventh session. Sec. 2. The state controller is hereby directed to draw his warrant in favor of the persons above named for the amounts specified in this act only upon the certificate of the secretary of state that the legislative chambers have been cleaned and put in order, and the state treasurer is hereby directed to pay the same. |
$50 for porters of assembly and senate
Duties of controller and treasurer |
________
Chap. 168An Act for the relief of Thomas J. Edwards.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of seventy-one and 45/100 dollars is hereby appropriated, out of any funds not otherwise provided, for the relief of Thomas J. Edwards, clerk of the United States district court for the district of Nevada, the said sum being for fees due to said Thomas J. Edwards, accrued in various cases in the said court, in which the railroad and public service commissions of Nevada were parties. Sec. 2. Upon presentation of claims for the above amount, duly approved by the state board of examiners, the state controller is authorized and directed to draw his warrant for said amount, and the state treasurer is likewise authorized and directed to pay the same. |
Relief of T. J. Edwards-$71.45
Board of examiners to approve |
________
κ1915 Statutes of Nevada, Page 224κ
Minors in state prison may be sent to school of industry |
Chap. 169An Act concerning minor inmates of the Nevada state prison.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of parole commissioners of this state is authorized, in its discretion, to transfer to the Nevada school of industry any minor persons who are now, or hereafter may be, inmates of the Nevada state prison. |
________
Raising salary of deputy controller, deputy treasurer, and deputy surveyor-general
Repeal |
Chap. 170An Act fixing the salaries and compensation of the deputy state controller, deputy state treasurer, and deputy surveyor-general, and repealing all acts and parts of acts in conflict herewith.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this act the deputy state controller shall receive a salary of twenty-four hundred ($2,400) dollars per annum; the deputy state treasurer shall receive a salary of twenty-four hundred ($2,400) dollars per annum; and the deputy surveyor-general shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable out of the state school fund. All the foregoing salaries shall be paid in equal monthly installments, as the salaries of other state officers are paid. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
________
Deficiencies for tax commission; parties and sums named |
Chap. 171An Act for the relief of sundry persons for expenses incurred by the Nevada tax commission during the years 1913-1914, under authority of the state board of examiners, by resolution dated April 2, 1914.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of three thousand eight hundred and eighty-nine dollars and thirty-nine cents ($3,889.39), to be paid as follows: Will Knippenberg, $345; Thos. F. OBrien, $400; W.T. Moran, $310; J. E. Monahan, $640.25; C. C. Taylor, $417.65; Nellie B. Milligan, $750; George D. Smith, $97.50; E. D. Bowles, $21.75: C. J. |
κ1915 Statutes of Nevada, Page 225 (CHAPTER 171)κ
Young, $25; J. A. Barry, $180; Western Union telegraph company, $114.07; Truckee River general electric company, $7; Nevada Consolidated telephone and telegraph company, $55.09; Mrs. K. A. Raftice, $21.15; theWhite company, $15.87; Nevada printing company, $17; F. L. Wildes, receiver, $180; C. H. Colburn, $8.60; Emmet D. Boyle, $154.05; Wells, Fargo & Co., $8.16; Erle R. White, $4; Southern Pacific company, $90; William M. Heidenreich, $1.50; Nevada Press company, $7.50; J. A. Muller, $2.10; Kitzmeyers drug store, 90 cents; F. L. Winter, 25 cents; Green, Stalnaker & Lake, $3; Remington Typewriter company, $7; National tax association, $5. Sec. 2. The state controller is hereby directed to draw his warrant for the several amounts, payable to the several parties named in section 1 of this act, and the state treasurer is hereby directed to pay the same. |
Duties of controller and treasurer |
________
Chap. 172An Act to transfer to the state general fund sundry items now standing to the credit of various other funds on the books of the state controller.
[Approved March 18, 1915]
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 transfer to the state general fund the amounts set opposite the following special funds, as they now appear upon his books: Nevada state police, horses, $2,462; state prison, buildings, $73,945.80; state prison, repairing walls, $11,856.70; state prison, new building and grounds, $99,089.65; state prison, machinery, $43,396.25; state land office, filing-cases, $2.73; concrete floor, basement of library, $8.22; governors mansion, additional lands, $1,000; Carey act, support, $100; mine inspector, helmets, $388.19; hydrographic surveys, $5,000; Lincoln County, relief, $4,486.90. |
Certain sums transferred to state general fund |
________
Chap. 173An Act to create a fund to be known as the University Revolving Fund, and appropriating money therefor.
[Approved March 18, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the money coming into the treasury of the State of Nevada, which by force of statute, tax, or otherwise, is intended for the support of the University of Nevada or any of its departments, the sum of $20,000, to be known as the University Revolving Fund. Upon the written request of the board of regents of the University of Nevada, the controller of the State of Nevada is hereby directed and authorized to draw his warrant in favor of the board of regents of the University of Nevada for said sum of $20,000, |
University revolving fund created |
κ1915 Statutes of Nevada, Page 226 (CHAPTER 173)κ
$20,000 appropriated
For current expenses of university only |
board of regents of the University of Nevada for said sum of $20,000, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer of the State of Nevada is hereby directed and authorized to pay said sum of $20,000 to said board of regents. Sec. 2. Said University Revolving Fund shall be used by said board of regents for the purpose of paying the current expenses of maintaining and conducting the said university, and for no other purpose; and all bills or demands paid by said board of regents from said fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the State of Nevada, and when approved by said board of examiners the controller shall draw his warrant for the amount of such claim or claims, in favor of the university revolving fund, to be paid to the order of the board of regents. |
________
Preamble
Appropriation, $40 |
Chap. 174An Act for the relief of the Nevada printing company, publishers Carson City Daily Appeal.
[Approved March 18, 1915]
Whereas, The Nevada printing company, publishers of the Carson City Daily Appeal, did in the month of March, 1914, under orders of Geo. B. Thatcher, attorney-general of the State of Nevada, print one twenty-eight-page brief and eighty additional copies thereof for the use of the said attorney-general in the case entitled Johannes Anderson v. State Engineer of the State of Nevada; Whereas, The said claim has been examined and allowed by the board of examiners of the State of Nevada in the amount of forty ($40) dollars; and Whereas, The said claim is a just and legal claim against the State of Nevada, and should be 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 the said Nevada printing company in the sum of ($40) dollars, and the state treasurer is directed to pay the same. |
________
|
Chap. 175An Act for the relief of the board of school trustees of school district No. 1 of Storey County, in Gold Hill, Nevada.
[Approved March 19, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred dollars is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, for the relief of the board of school trustees of school district No. 1 of Storey County, |
κ1915 Statutes of Nevada, Page 227 (CHAPTER 175)κ
state not otherwise appropriated, for the relief of the board of school trustees of school district No. 1 of Storey County, in Gold Hill, Nevada. The controller is hereby directed to draw his warrant for said sum of three hundred dollars in favor of said board of school trustees, and the state treasurer is directed to pay the same. |
$300 for relief of Gold Hill school trustees |
________
Chap. 176An Act to provide for the maintenance and operating of the state agricultural experiment farm, situated at Logan, Clark County, Nevada, for the years 1915 and 1916.
[Approved March 19, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of maintaining and operating the state agricultural experiment farm, located at Logan, Clark County, Nevada, for the years 1915 and 1916, the sum of ten thousand dollars is hereby appropriated out of any money in the general fund not otherwise appropriated. Sec. 2. The state controller is hereby directed to draw his warrants upon the state treasurer in favor of the claimants under this appropriation, when their claims have been approved by the board of control and by the state board of examiners, and the state treasurer is hereby directed to pay the same. |
$10,000 for Logan experiment farm
Duties of controller and treasurer |
________
Chap. 177An Act making appropriations for the support of the civil government of the State of Nevada for the years 1915-1916.
[Approved March 19, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums are hereby appropriated for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1915-1916:
|
General appropriations for 1913-1914
Governors office |
κ1915 Statutes of Nevada, Page 228 (CHAPTER 177)κ
Lieutenant-governors office
Secretary of states office
Attorney-generals office
State controllers office |
Sec. 3. Lieutenant-Governor and Adjutant-Generals Office.
Sec. 4. Secretary of States Office.
Sec. 5. Attorney-General and Mineral Land Commissioners Office.
Sec. 6. State Controllers Office.
|
κ1915 Statutes of Nevada, Page 229 (CHAPTER 177)κ
Sec. 7. State Treasurers Office.
Sec. 8. Surveyor-Generals Office.
Sec. 9. Inspector of Mines Office.
Sec. 10. Superintendent of State Printing.
|
State treasurers office
Surveyor-generals office
Inspector of mines
Superintendent of state printing |
κ1915 Statutes of Nevada, Page 230 (CHAPTER 177)κ
Superintendents of public instruction
Bank examiner
Railroad commission
Public service commission
Tax commission
Fish commission
Board of health |
Sec. 11. Superintendent of Public Instruction.
Sec. 12. Bank Examiner and Banking Board.
Sec. 13. Railroad Commission.
Sec. 14. Public Service Commission.
Sec. 15. Tax Commission.
Sec. 16. Fish Commission.
Sec. 17. Board of Health.
|
κ1915 Statutes of Nevada, Page 231 (CHAPTER 177)κ
Sec. 18. Nevada State Police.
Sec. 19. State Engineer.
Sec. 20. State Prison.
Sec. 21. Nevada Hospital for Mental Diseases.
|
State police
State engineer
State prison
Hospital for mental diseases |
κ1915 Statutes of Nevada, Page 232 (CHAPTER 177)κ
State orphans home
Historical society
Miscellaneous |
Sec. 22. State Orphans Home.
Sec. 23. Historical Society.
Sec. 24. Miscellaneous.
|
κ1915 Statutes of Nevada, Page 233 (CHAPTER 177)κ
Sec. 25. Supreme Court.
Sec. 26. Clerk of the Supreme Court.
Sec. 27. District Judges.
|
Miscellaneous
Supreme court
Clerk of supreme court
District judges |
κ1915 Statutes of Nevada, Page 234 (CHAPTER 177)κ
Deputy superintendents of public instruction |
Sec. 28. Deputy Superintendents of Public Instruction.
|
κ1915 Statutes of Nevada, Page 235 (CHAPTER 177)κ
Sec. 29. Miscellaneous Educational.
Sec. 30. University of Nevada.
Sec. 31. Tonopah School of Mines.
Sec. 32. Virginia School of Mines.
Sec. 33. Bureau of Industry, Agriculture and Irrigation.
Sec. 34. Commission on Uniform Laws.
Sec. 35. State Board of Investment.
Sec. 36. Nevada Industrial Insurance Commission.
Sec. 37.
|
Miscellaneous educational
University of Nevada
Tonopah school of mines
Virginia school of mines
Bureau of industry, etc.
Commission on uniform laws
State board of investment
Nevada industrial insurance commission
V. B. Cross, assistant gardener |
________
κ1915 Statutes of Nevada, Page 236κ
Relating to licenses
Billiards, pool, bowling
Theaters, etc.
No license in town with less than 300 voters
Cigarettes |
Chap. 178An Act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Billiard, Bowling Alley, Theater License, Etc. Section 1. The sheriff of each of the several counties shall be ex officio collector of licenses as provided in this act. There shall be levied and collected the following licenses: First-For each billiard or pool table operated, if not kept for the exclusive use of the party operating the same, or his family, $5 per quarter-year; for a ninepin or tenpin, or bowling alley, $10 per quarter-year, whether a direct charge is made for playing at such billiards, pool or bowling, or not; such licenses to be granted for each quarter or fractional quarter as hereinafter provided. Second-For each theater, opera house, or amusement hall, during all of the time the same is being conducted for business, $5 per day if granted for a term less than one month; if granted for one month, $20 for the said month; if granted for one quarter-year, the sum of $40 for said quarter-year; if granted for one year, the sum of $75 for said year; provided, however, that there shall be no license fee had or collected for conducting any theater, opera house, or amusement hall in any city, or incorporated town or unincorporated town in this state in which at any time subsequent to the passage of this act less than 300 votes were polled at the then last preceding general election; and for each exhibition of circus, caravan, or menagerie, or any collection of animals for public amusement, except such as are permanently located in the public parks or zoological gardens, conducted under the auspices of a scientific society, the sum of $20 each; and for such exhibitions or entertainments for profit or gain as are not hereinbefore enumerated, $10 per day.
Cigarette License. Sec. 2. Any person, firm, association or corporation engaged in dealing, in selling, giving away, or offering to sell cigarettes or cigarette paper after the passage of this act shall take out a quarterly license therefor (or fractional quarterly license as hereinafter provided). The cost of such license shall be fifteen dollars ($15) per quarter-year. It shall be unlawful for any person or persons, firm, association, corporation, or managing agent of any person, firm, association, or corporation to sell, give away, or offer to sell cigarettes or cigarette paper to any person or persons under the age of twenty-one years, and any person, firm, association, or corporation, or the managing agent of any person, firm, association, or corporation violating the provisions of this section shall be guilty of a misdemeanor. |
κ1915 Statutes of Nevada, Page 237 (CHAPTER 178)κ
association, or corporation violating the provisions of this section shall be guilty of a misdemeanor.
County Liquor License. Sec. 3. Any person or persons who may dispose of any spirituous, malt, or fermented liquors or wines, in less quantities than one quart, within the confines, or within one mile thereof, of any city or town shall, before the transaction of any such business take out a county license from the sheriff of the county in which he or she proposes to do such business, and pay therefor the sum of thirty dollars per quarter-year, or proportionate amount for fractional quarter as hereinafter provided; provided, that all persons engaged in retailing liquors as aforesaid, in connection with the entertainment of travelers, at any point distant one mile or more outside the limits of any city or town in this state, shall pay a quarterly license of fifteen dollars, or proportionate amount for fractional quarter as hereinafter provided; and provided further, that no such person or persons shall be entitled, under and by virtue of said license, to sell or cause to be sold within this state, any such spirituous, malt, or fermented liquors or wines, on any day upon which any general election is held, or within the limits of any county or city on any day upon which any special or municipal election is held therein, but it shall be expressed in each and every license so granted that the person or persons to whom the same is granted shall and will not sell, or cause to be sold, any such liquors or wines on such day or days.
Rural Liquor License. Sec. 4. Any person outside of an incorporated city or town wishing to engage in the liquor traffic in any county in the State of Nevada shall first make application by petition to the liquor board, as provided for in section 6 [5] of this act, of the county in which he proposes to engage in the liquor business for a county liquor license of the kind and class desired, and file the same with the required liquor license fee with the county license collector, who shall present the same to said liquor board at their next regular meeting, and they may refer the petition to the sheriff, who shall report the same at the following regular meeting, and the board shall then and there grant or refuse the license prayed for; provided, that the sheriff may, in his discretion, grant a temporary permit to such applicant pending action of the liquor board.
Liquor Board. Sec. 5. The board of county commissioners of their respective counties in the State of Nevada are hereby authorized, empowered, and commissioned, for the purpose of this act, to act (without further compensation) as a liquor board to grant or refuse liquor licenses, and to revoke the same whenever there is, in their judgment, sufficient reason for such revocation; provided, all liquor dealers within any incorporated city or town are to be regulated only by the city government thereof. |
County liquor license
Rural liquor license
Temporary permit, when
Liquor board |
κ1915 Statutes of Nevada, Page 238 (CHAPTER 178)κ
Proviso
State liquor license
State controller provides bank licenses
Form of state license
Sheriff to issue
Retail
Drug stores |
there is, in their judgment, sufficient reason for such revocation; provided, all liquor dealers within any incorporated city or town are to be regulated only by the city government thereof. A majority vote of the liquor board shall govern the granting or refusing any liquor license or the revoking of the same.
State Liquor License. Sec. 6. Every person, firm, company, or corporation manufacturing or selling, either at retail or wholesale, any spirituous, malt, or vinous liquors, shall, in addition to other licenses provided by law, take out a state liquor license as hereinafter provided, which license shall not be transferable by sale, assignment, or otherwise.
Controller to Provide Blank State Liquor License Forms. Sec. 7. The state controller is hereby authorized and required to have printed blank licenses in sufficient quantities to supply all of the counties of this state, duly numbered and bound together in convenient form; said licenses to generally conform in words and blank lines to the following, to wit:
$......... State of Nevada Liquor License No......... County, Nevada, ......................................... , 19...... This certifies that has paid . ($.......) dollars state liquor license, which entitles him, upon the payment of other licenses provided by law, to carry on the business of (retailing or wholesaling, as the case may be) spirituous, malt, and vinous liquors in ., in the county of ., State of Nevada, for the year ending , 19 ., unless this or the other licenses provided by law be revoked by authority of law. .......... Sheriff of ........ County, Nevada. , State Controller. ................................................ , County Auditor.
Sheriff to Issue State Liquor License. Sec. 8. The sheriffs of the respective counties, as ex officio collectors of licenses, shall issue and collect all state liquor licenses, and shall, upon the payment of one hundred ($100), issue a retail state liquor license to any person, firm, company, or corporation engaged in selling spirituous, malt, or vinous liquors in quantities less than five gallons, and the word Retail shall be written in red ink across the face of such license; provided, that retail drug stores shall not be required to pay more than twenty-five dollars per annum for such retail state liquor license when the liquors disposed of by such drug stores are for medicinal purposes only and on the prescription of a regularly licensed and practicing physician.
Wholesale State Liquor License. Sec. 9. Any person, firm, company, or corporation disposing of spirituous, malt, or vinous liquors in quantities in excess of five gallons shall be considered a wholesaler or rectifier, and shall pay a state liquor license of one hundred and fifty dollars ($150) per annum, and the word Wholesale shall be written across the face of such license, in red ink. |
κ1915 Statutes of Nevada, Page 239 (CHAPTER 178)κ
posing of spirituous, malt, or vinous liquors in quantities in excess of five gallons shall be considered a wholesaler or rectifier, and shall pay a state liquor license of one hundred and fifty dollars ($150) per annum, and the word Wholesale shall be written across the face of such license, in red ink.
Sheriff to Pay to Treasurer. Sec. 10. On the first Monday in each month the sheriff shall pay over to the county treasurer all moneys received by him for state liquor licenses in like manner and form as is hereinafter provided for the payment of county license moneys; and the duties and liabilities of the sheriff, treasurer, and auditor with relation thereto shall be the same as hereinafter prescribed with relation to county licenses. The county treasurer shall between the second and third Mondays in each month, forward to the state controller a certified detailed statement of all moneys paid to him by the sheriff in accordance with this section, which statement shall show the number of each license, whether wholesale, retail, or druggists, to whom and date issued, period covered, amount of each license, and total amount received; which statement shall be furnished to the county treasurer by the sheriff and shall be the basis of the monthly settlement. In every county in this state which now has or may hereafter have a duly incorporated city government, it shall be the duty of the license collector of said county to pay into the city treasury one-half of the amount of license moneys collected from any person or persons for disposing of any spirituous, malt or fermented liquors, or wines, in less quantities than one quart, within the corporate limits of said city.
County Treasurer to Pay to State Treasurer. Sec. 11. The county treasurer shall include in his regular semiannual settlements with the state treasurer all moneys received by him on account of state liquor licenses in accordance with the provisions of this act, and shall submit therewith a complete detailed statement of the same, furnishing the state controller with a copy thereof.
County Auditor to Make Annual Settlement with the State Controller. Sec. 12. The county auditors of the several counties shall, between the first and fifteenth day of December of each year, return to the state controller either in person, by registered mail, or express all unused state liquor license blanks and the properly executed stubs of all used state liquor licenses. The state controller shall immediately check the same with the remittances made by county treasurers to the state treasurer and reports of county treasurers as required by section 11 [10] of this act. If found correct, the state controller shall issue a clearance to the county auditor and the sheriff; and the county treasurer shall be held responsible on his official bond for a proper accounting with the state treasurer under the provisions of this act. |
Wholesalers
Sheriff to pay to county treasurer
Treasurer of county to report to state controller
Semiannual statement of state liquor licenses to controller and state treasurer
Auditor to settle annually with state controller |
κ1915 Statutes of Nevada, Page 240 (CHAPTER 178)κ
Misdemeanor, when
State liquor licenses for fraction of year; regulations
Dance houses, etc.
State and county proportions
Sheep-grazing licenses, classes of |
for a proper accounting with the state treasurer under the provisions of this act.
Penal Provisions. Sec. 13. Any person, firm, company, or corporation violating any of the provisions of this act relating to state liquor licenses shall be guilty of a misdemeanor; and any sheriff of this state failing, refusing, or neglecting to collect any state liquor license, as herein provided, shall likewise be guilty of a misdemeanor.
State Liquor License May Be Obtained for Portion of Year. Sec. 14. Any person or persons applying for a state liquor license under this act shall only be required to pay a license fee for the remainder of the calendar year current when such application shall be made, apportioned at the annual rate. For the purpose of such apportionment each calendar year shall be divided into quarters, beginning on the first days of January, April, July, and October, and in making the apportionment no period less than a quarter shall be considered. Persons applying for licenses at any time during a given quarter, however short the unexpired portion of such quarter may be, shall pay for the whole quarter; and nothing herein shall be construed as to entitle the person or persons who have paid for such license to have any part of the same refunded in the event of such person or persons not continuing to sell or dispose of such liquors until the end of the calendar year in which the license is issued, nor shall it be construed as to permit the issuance of licenses to expire otherwise than with the calendar year in which issued.
Houses of Amusements Licenses-State and County Division Of. Sec. 15. Any person or persons who may conduct any hurdy-gurdy house, dance house, or concert saloon in this state, where women or girls are employed to dance or to solicit the purchase by the persons visiting such house, either directly or indirectly, of any kind of liquor, or wine, or cigars, or to solicit such persons so visiting to treat to any kind of liquor, wine, or cigars, shall, before entering upon the conduct of such dance house, hurdy-gurdy house, or concert saloon, take out a license, in addition to the retail liquor license, from the sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of two hundred and fifty dollars for each and every three months. All moneys received for licenses under the provisions of this section shall be paid three-quarters into the county treasury and one-quarter into the state treasury for general county and state purposes respectively.
License for Running Sheep-Grades. Sec. 16. Every person owning real estate within the State of Nevada who may be engaged in, or who may hereafter engage in, the business of owning, raising, grazing, herding, or pasturing sheep, as either owner, lessee, or manager of said sheep, in any county in the State of Nevada, must annually procure a license therefor from the sheriff, as collector of licenses, of each of such counties, and make payment therefor as follows in advance for each band, flock, or bunch of sheep: |
κ1915 Statutes of Nevada, Page 241 (CHAPTER 178)κ
or pasturing sheep, as either owner, lessee, or manager of said sheep, in any county in the State of Nevada, must annually procure a license therefor from the sheriff, as collector of licenses, of each of such counties, and make payment therefor as follows in advance for each band, flock, or bunch of sheep: First-Such person owning or having in his possession or under his control as lessee or manager five thousand sheep or more shall be deemed of the first class and must pay the sum of two hundred and fifty dollars per annum for the first five thousand sheep, and the further sum of fifty dollars per annum for each additional one thousand sheep or fraction thereof. Second-Such person owning or having in his possession or under his control as lessee or manager four thousand sheep and less than five thousand shall be deemed of the second class and must pay the sum of two hundred dollars per annum. Third-Such person owning or having in his possession or under his control as lessee or manager three thousand sheep and less than four thousand shall be deemed of the third class and must pay the sum of one hundred and fifty dollars per annum. Fourth-Such person owning or having in his possession or under his control as lessee or manager two thousand sheep and less than three thousand shall be deemed of the fourth class and must pay the sum of one hundred dollars per annum. Fifth-Such person owning or having in his possession or under his control as lessee or manager fifteen hundred sheep and less than two thousand shall be deemed of the fifth class and must pay the sum of seventy-five dollars per annum. Sixth-Such person owning or having in his possession or under his control as lessee or manager one thousand sheep and less than fifteen hundred shall be deemed of the sixth class and must pay the sum of fifty dollars per annum. Seventh-Such person owning or having in his possession or under his control as lessee or manager any number of sheep less than one thousand shall be deemed of the seventh class and must pay the sum of twenty-five dollars per annum. Provided, that the provisions of this section shall not apply to any person, persons, firm, company, association, or corporation who shall be the owner and holder of land in the State of Nevada equal to one acre for each three sheep so owned, raised, grazed, herded, or pastured; and provided further, that the lessee of lands shall not be deemed or taken as the owner and holder of land within the meaning of the provisions of this section; and it is further provided, that nothing in this section contained shall be so construed as to require the procurement of more than one license for the same sheep in the State of Nevada during the same calendar year. Sec. 16a. Every nonresident person, firm, partnership, association, or corporation who owns no real estate within the State of Nevada who may graze, herd, or pasture sheep within this state, as either owner, lessee, or manager of said sheep, must annually procure a license therefor from the sheriff as collector of licenses of each county within which said sheep are grazed, herded, or pastured, and shall pay therefor the amount of 15 cents per head for each and every sheep grazed, herded, or pastured within this state. |
Sheep-grazing licenses
First class, $250, and $50 for each 1,000 over 5,000
Second class, $200
Third class, $150
Fourth class, $100
Fifth class, $75
Sixth class, $50
Provisions as to certain land owners
Never more than one license
Nonresident owners must pay 15 cents per head |
κ1915 Statutes of Nevada, Page 242 (CHAPTER 178)κ
Failure to first procure license a misdemeanor
Duties of sheriff
District attorney must prosecute |
this state, as either owner, lessee, or manager of said sheep, must annually procure a license therefor from the sheriff as collector of licenses of each county within which said sheep are grazed, herded, or pastured, and shall pay therefor the amount of 15 cents per head for each and every sheep grazed, herded, or pastured within this state.
Grazing License Must First Be Procured. Sec. 17. Every person who shall engage in the business of raising, grazing, herding, or pasturing of any sheep, as either owner, lessee, or manager thereof, within any county of the State of Nevada without having first procured a license therefor, as prescribed by the preceding section, shall be guilty of a misdemeanor.
Duties of Sheriff as to Grazing License-Statement Under Oath-Sheriff to Direct Suit-District Attorney to Prosecute. Sec. 18. The sheriff, as collector of licenses, of each county of the State of Nevada, shall make diligent inquiry and examination concerning all persons in his county liable to the procurement of sheep-grazing licenses under the provisions of this act, and it shall be his duty to require each such person to make a statement under oath or affirmation in writing over signature (which oath or affirmation shall be immediately filed by the sheriff with the county auditor) of the number of sheep then or about to be owned by him or them or about to be in his possession or under his control as lessee or manager thereof within such county. Thereupon such person shall procure such license from such sheriff, as collector of licenses, according to the class to which he shall be shown by the number of such sheep to belong; and in all cases wherein an underestimate of the number of sheep is made by the person procuring such license, the person making such underestimate shall be required to pay a double license for the next year. Such license when procured shall authorize the party procuring the same within the county wherein the same is procured, but in no other county, to transact business as specified in such license, and if any person required by the provisions of this act to procure a sheep-grazing license shall fail, neglect, or refuse to procure such license in the manner herein provided, or shall engage in, or attempt to engage, in the sheep business contrary hereto without procuring such license therefor, the sheriff, as collector of licenses, shall direct the commencement of, and the district or prosecuting attorney of the county shall immediately commence, an action in the name of the State of Nevada as plaintiff against such person for the recovery of the license and all damages according to the class specified herein to which such person shall be proven to belong.
County Auditors to Prepare Grazing Licenses. Sec. 19. The county auditors of the several counties of this state shall prepare and have printed suitable blank sheep-grazing licenses. |
κ1915 Statutes of Nevada, Page 243 (CHAPTER 178)κ
grazing licenses. Such licenses shall be in book form, each book to contain ten originals and ten duplicates consecutively numbered, with carbon sheets between; the auditor shall deliver such license books to the sheriff as required; provided, such deliveries shall result in the sheriff having no more than two of such books in his possession at any one time. The sheriff shall receipt to the auditor for all sheep-grazing license blanks received.
Fee of Sheriff. Sec. 20. The sheriff, as collector of licenses, shall demand and collect from the person procuring a sheep-grazing license a fee of two dollars for each such license sold by him, in addition to the amount paid for such license.
Sheriff to Pay Over to Treasurer-To Receive Twenty per Cent-Auditor to Check Sheriff. Sec. 21. All moneys collected for sheep-grazing licenses, less twenty per cent (which may be retained by the sheriff as his commission for collecting the same), shall on or before the tenth day of each month be paid by the sheriff, as license collector, to the county treasurer of the county wherein such licenses are collected, and shall be by him placed to the credit of the general fund of such county. It shall be the duty of the county auditor, between the tenth and twentieth day of each month, to check the sheriffs returns to the treasurer for the preceding month, together with the unused licenses and the duplicate and canceled licenses remaining in his possession. If found correct, the auditor shall give the sheriff his clearance, which shall detail the sheep-grazing license transactions during the preceding month.
Unlawful to Issue Other License Forms. Sec. 22. It shall be unlawful for the sheriff to issue any other licenses for any purpose than those provided for by law.
Licenses May Be Revoked for Cause. Sec. 23. The boards of county commissioners of the several counties of this state are hereby empowered and authorized to revoke, withdraw, and discontinue any business license granted or issued by the sheriff or other proper officer of their respective counties, where there is reason to believe that such business is a nuisance, a menace to public health, or detrimental to the peace or morals of any community in the county in which such business may be conducted; provided, that such revocation, withdrawal, or discontinuance of such license shall, when the action is taken on motion of or at the instance of a member of the board, be by unanimous consent of the members of such board.
Taxpayer May Complain. Sec. 24. Any resident taxpayer of any school district in the State of Nevada may file a complaint with the board of county commissioners, or with any board having control and direction of the county, |
Auditors to prepare grazing licenses
Fee for licenses
Sheriff to retain 20 percent commission; balance paid to county treasurer
Auditor to check
Other forms unlawful
Any business license may be revoked for cause by county commissioners
Proviso
Any taxpayer may complain against any business |
κ1915 Statutes of Nevada, Page 244 (CHAPTER 178)κ
Petition
License may be revoked
Application of sections 23 and 24
List of licenses to be posted
Licenses may be granted for 1, 2, 3, or 4 quarters |
direction of the county, city, or other municipal government, praying against the continuance of any business which has been previously licensed by the sheriff, or any other proper officer, reciting that such business is a nuisance, a menace to the public health, or detrimental to the peace or morals of the community, and reciting such further facts as may be pertinent in the premises, said complaint to be accompanied by a petition or protest signed by not less than ten per cent of the resident freeholders of such school district, and any board of county commissioners, or other county, town, city, or municipal board, with which such complaint and petition or protest is so filed, shall, at the first meeting thereafter, or at any special meeting in the interim, thoroughly investigate the charges, and if found justifiable, instruct the sheriff, or other proper officer, to revoke, withdraw, and discontinue such license. The delivery of such complaint and petition or protest to the chairman or any member of said board, shall be considered a filing of the same sufficient to cover the provisions of this section, and the failure or refusal of such board to, within thirty days after the filing of such complaint and petition or protest, if said charges are justified, to instruct the sheriff or other proper officer to revoke, withdraw, and discontinue the license of any business so complained and petitioned or protested against, shall render each member of such board guilty of a misdemeanor.
Applicable to Cities and Towns. Sec. 25. The two preceding sections are hereby made applicable to all licensing officers, town boards, and city trustees, and to the city council or board of aldermen of any incorporated city, town, or municipal government within this state.
Licenses To Be Posted. Sec. 26. The sheriff of each county in the state shall, on the first Mondays of April, July, October, and January, file with the board of county commissioners, and post up in his office, a statement showing the names of all persons, firms, and corporations doing business in the county from whom licenses are collected, the nature and kind of said business, and the amount of license so paid.
Limit as to Time of License. Sec. 27. The licenses provided to be granted by the provisions of this act, except theaters, menageries, circus, glove contests, sheep-grazing and state liquor licenses, shall be granted for one, two, three, or four quarters at the option of the person applying for such licenses. The term quarter, whenever used in this act with reference to time, shall be construed to mean one-quarter of a year, and said quarters shall begin with the months of January, April, July, and October of each and every year, and whenever any person, firm, association, or corporation shall apply for a license to conduct business in the middle of any quarter, or any part of a quarter, then said person, firm, association, or corporation shall be required to pay only for the unexpired portion of the quarter, and said licenses shall be so arranged as to have said license fall and become due on the beginning of a quarter, and the sheriff and auditor shall have the right to issue a license for a fractional quarter so as to have all licenses fall due at the beginning of a quarter as herein provided. |
κ1915 Statutes of Nevada, Page 245 (CHAPTER 178)κ
business in the middle of any quarter, or any part of a quarter, then said person, firm, association, or corporation shall be required to pay only for the unexpired portion of the quarter, and said licenses shall be so arranged as to have said license fall and become due on the beginning of a quarter, and the sheriff and auditor shall have the right to issue a license for a fractional quarter so as to have all licenses fall due at the beginning of a quarter as herein provided.
How Provided and Distributed. Sec. 28. The county auditor shall cause to be printed a sufficient number of blank licenses mentioned (except as otherwise provided for in this act) for the purposes herein mentioned. Each license shall also contain a blank receipt to be signed by the sheriff on the delivery of such license to the purchaser thereof. The county auditor shall hand over to the treasurer of the county a sufficient number of blanks for the use of the county, which shall be charged to the treasurer on the auditors books. The treasurer shall countersign the same and deliver them to the county auditor, taking his receipt therefor.
Auditor to Furnish License-To Be Fully Made Out-Statement of Sheriff. Sec. 29. Excepting as is herein otherwise provided the auditor shall, from time to time, deliver to the sheriff as many of such licenses as may be required, and shall sign the same and charge them to the sheriff; provided, that before signing or delivering any license to the sheriff, the auditor shall fill out the license in full, stating therein to whom said license is issued, the kind of business authorized to be carried on under the license, the dates when said license begins and expires, and the amount of money to be paid therefor, and shall, at the same time, make proper entries upon the stubs in the license book. Whenever any license is returned by the sheriff unsold, the auditor shall cancel and file the license, and note the fact and date of such return and cancelation upon the stub thereof. No board of county commissioners shall audit or allow any claim in favor of a sheriff until there shall be filed with said board the certified statement of the auditor that all settlements required by this act have been made by said sheriff. The amount of all licenses issued to the sheriff and not accounted for shall be deducted before any claim shall be allowed to a sheriff.
Sheriff to Pay-Duties of Auditor-Liability of Sheriff. Sec. 30. On the first Monday in each month (except as herein otherwise provided) the sheriff shall pay over to the treasurer all moneys received by him for licenses and take from the treasurer duplicate receipts therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him, and the county auditor shall credit him with the amount so returned; also, the receipts of money paid to the county treasurer, which receipts shall be filed with the county auditor. |
Auditor to provide license forms
Auditor to deliver licenses to sheriff
Sheriff to pay all license money to county treasurer |
κ1915 Statutes of Nevada, Page 246 (CHAPTER 178)κ
Sheriff liable
All licenses to go to county general fund; exception
Bogus licenses, possession of, a felony
Certain acts misdemeanors
Incorporated cities
Sheriffs fees
Insuranee licenses to state treasury
No additional compensation |
the receipts of money paid to the county treasurer, which receipts shall be filed with the county auditor. The county auditor shall charge the treasurer therefor, and open a new account with the sheriff for the next month; and it is hereby made the duty of each sheriff in his county to demand that all persons required to procure licenses in accordance with this act, take out, and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
Disposition of License Moneys. Sec. 31. All moneys received from licenses under the provisions of this act shall be paid into the county treasury and credited to the general county fund, except in those cases where other specific disposition is made thereof herein.
Possession of Bogus License a Felony. Sec. 32. If either the county treasurer, county auditor, sheriff, or any other person, shall issue, have in his possession with intent to issue or put in circulation, any other licenses than those properly issued to the sheriff under the provisions of this act, the person so offending shall be guilty of a felony; and any collector who shall receive the money for a license without delivering to the person paying for the same the license paid for, or who shall insert the name of more than one person or firm therein, shall be guilty of a misdemeanor. And provided, that nothing in this act contained shall affect any provision of an act entitled An act providing for the payment of a portion of the moneys collected for county licenses for the sale of liquors into the city treasury of incorporated cities within such county, approved February 17, 1893.
Fee of Sheriff. Sec. 33. The sheriff, as ex officio license collector, shall receive, and is hereby authorized to retain (except when he is required to turn same into the county treasury for county purposes), as compensation for the collection of licenses, excepting sheep-grazing licenses, six per cent of the gross amount on each business license sold. Twenty per cent shall be allowed for the collection of sheep-grazing licenses according to the provisions of section 21 of this act.
Insurance Licenses To Go to State. Sec. 34. All amounts collected for fees and licenses under special Acts to regulate insurance business in the state, shall be paid into the state treasury to the credit of the general insurance fund.
No Compensation Other Than Salary. Sec. 35. For the services rendered under the provisions of this act, county assessors, auditors, and treasurers, except as specified in this act, shall receive no compensation to themselves other than the salaries fixed by law. |
κ1915 Statutes of Nevada, Page 247 (CHAPTER 178)κ
Penalties for Violations. Sec. 36. Whenever possible the civil practice act and the criminal practice act shall be applied in the prosecution of all violators of the provisions of this act. Any person violating any of the provisions of this act within the degree of a felony shall, on conviction thereof, be sentenced to imprisonment in the state prison for a term not less than one nor more than four years. Any person who shall violate any of the provisions of this act within the degree of a misdemeanor shall, upon conviction thereof, be punished by a fine of not less than ten nor more than three hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment; provided, the penalties herein prescribed shall be in excess of any money loss or expenses incurred to or by the State of Nevada, or any county, city, town, or other municipal government within the State of Nevada, due to such violations; further provided, that any such violation on the part of any officer of the State of Nevada, or of any county, city, town, or other municipal government within the State of Nevada, shall ipso facto work a forfeiture of and vacancy in his office, such vacancy to be filled and the appointee to qualify as provided by law when vacancy occurs from other cause. In all cases of prosecutions under this act the license collector or board of county commissioners may direct suit and the district attorney shall prosecute same. In all cases of recovery by the plaintiff fifteen dollars liquidated damages shall be included in the judgment and costs, and be collected from the defendant, and five dollars thereof shall be paid to the collector of licenses and ten dollars to the district attorney prosecuting the suit. Upon the trial of any case wherein the procurement of a proper license is in question, the defendant shall be deemed not to have procured the proper license unless he either produces it or proves that he did procure it; but he may plead in bar of a criminal action, a recovery and payment in a civil action against him, of proper license money, damages, and costs.
Repealing Section. Sec. 37. An act to regulate the sale of intoxicating liquors outside the corporate limits of any incorporated city or town, approved March 25, 1913; An act to encourage agriculture, approved March 16, 1895; An act defining the duties of sheriffs in relation to the filing and posting of licenses, approved March 6, 1893; An act supplemental to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, and to all acts amendatory thereof, and to provide for a license upon the business of owning, raising, grazing, herding, or pasturing sheep in the several counties of the State of Nevada, and to declare a violation thereof a misdemeanor, and to provide a punishment therefor, approved March 12, 1895; |
Penalties for violation of this act
Provisos
Certain acts repealed |
κ1915 Statutes of Nevada, Page 248 (CHAPTER 178)κ
Certain acts repealed |
of the State of Nevada, and to declare a violation thereof a misdemeanor, and to provide a punishment therefor, approved March 12, 1895; An act supplemental to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, and to all acts amendatory thereof, and to provide for a state license upon the business of disposing at retail or wholesale of spirituous, malt, or vinous liquors in this state, and providing penalties for violation hereof, approved March 15, 1905; An act to amend an act entitled An act supplemental to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, and to all acts amendatory thereof, and to provide for a state license upon the business of disposing at retail or wholesale of spirituous, malt, or vinous liquors in this state, and providing penalties for violation hereof, approved March 15, 1905, approved March 24, 1913; An act empowering boards of county commissioners, town trustees, or city boards to revoke and discontinue business licenses, under certain conditions, approved March 10, 1903; An act licensing the sale of cigarettes and cigarette paper, and other matters pertaining thereto, approved March 1, 1897; An act fixing and regulating licenses on automobiles, and providing a penalty for a violation thereof, approved March 6, 1909; An act forbidding the collection of licenses from drummers and traveling salesmen, from manufactories, jobbers, and wholesale houses located in the State of Nevada, approved March 29, 1907; And sections 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, and 149 of an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891; and All other acts or parts of acts in conflict herewith, are hereby repealed. |
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κ1915 Statutes of Nevada, Page 249κ
Chap. 179An Act to amend section 17 of an act entitled An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors, and providing penalties therefor, and other matters relating thereto, approved March 27, 1911.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventeen of the above-entitled act is hereby amended to read as follows: Section 17. (a) That all superintendents or managers, or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, confinement, or are committed by process of law, are hereby required to make a record of all the personal and statistical particulars relative to the inmates in their institutions at the date of the approval of this act, that are required in the forms of the certificates provided for by this act, as directed by the state board of health; and thereafter such record shall be, by them, made for all future inmates at the time of their admission. And in case of persons admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself, if it is practicable to do so; and when they cannot be so obtained, they shall be secured in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. (b) It shall be the duty of every attending physician to forthwith report to the local health officer each and every case of scarlet fever, smallpox, diphtheria, and membranous croup, typhus and typhoid fever, foyer and whooping cough, measles, chickenpox, pneumonia, tuberculosis, bronchitis, acute enterior poliomyolitis, cerebro-spinal meningitis, diarrheal diseases of children, cancer, puerperal septicemia, mumps, and Rocky Mountain (tick) fever, and the local health officer shall make a record thereof. Any attending physician who shall fail or neglect to forthwith report to the local health officer any case of scarlet fever, smallpox, diphtheria, and membranous croup, typhus and typhoid fever, foyer and whooping cough, measles, chickenpox, pneumonia, tuberculosis, bronchitis, acute enterior poliomyolitis, cerebro-spinal meningitis, diarrheal diseases of children, cancer, puerperal septicemia, mumps, and Rocky Mountain (tick) fever shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment. |
Certain statistics required from managers of hospitals, etc.
Doctors must report all contagious diseases |
κ1915 Statutes of Nevada, Page 250 (CHAPTER 179)κ
Quarantine must be established and maintained |
than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment. (c) It shall be the duty of every attending physician upon any case of scarlet fever, smallpox, diphtheria, and membranous croup, whooping cough, measles, chickenpox, acute enterior poliomyolitis, cerebro-spinal meningitis, diarrheal diseases of children, puerperal septicemia or mumps to forthwith establish and maintain a quarantine of such person or persons or the family and premises thereof in conformity with the requirements, rules, and regulations which shall be established by the state board of health, and any attending physician who fails to establish and maintain such quarantine in conformity with the requirements, rules, and regulations of the state board of health shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than thirty days, or by both such fine and imprisonment. |
________
Trout under 15 inches in length must not be sold or traded Exception
Penalty
Repeal |
Chap. 180An Act entitled an act to make it unlawful to buy or sell, or to offer or expose for sale, trout of less than a specified length, and to provide penalties for its violation, and to repeal all parts of acts in conflict herewith.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful in the State of Nevada for any person or persons, firm, company, or corporation to buy or to sell, or to offer or expose for sale, to barter or exchange, any lake trout, river trout, brook trout, or any other species of trout whatever which is smaller than fifteen inches in total length; provided, that nothing in this section shall be so construed as to prevent the sale of trout of any length from a lawfully conducted hatchery. Sec. 2. Any person or persons, firm, company, or corporation, in the State of Nevada, who shall violate this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail in the county where conviction was had for any term not exceeding six months, or by both such fine and imprisonment. Sec. 3. All parts of acts in conflict with any of the provisions of this act are hereby repealed. |
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κ1915 Statutes of Nevada, Page 251κ
Chap. 181An Act to fix the state tax levy for the fiscal years 1915 and 1916, and to distribute the same to the proper funds.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year commencing January 1, 1915, an ad valorem tax of fifty-six cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty-eight and three-tenths cents; state loan, interest and redemption fund, one and two-tenths cents; general school fund, six cents; territorial interest fund, one and three-tenths cents; university state tax, seven and five-tenths cents; university public service department fund, one and seven-tenths cents. Sec. 2. For the fiscal year commencing January 1, 1916, an ad valorem tax of forty-six cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, twenty-seven and two-tenths cents; state loan, interest and redemption fund, four cents; general school fund, five and four-tenths cents; territorial interest fund, one and two-tenths cents; university state tax fund, six and seven-tenths cents; university public service department fund, one and five-tenths cents. |
State tax of 1915, 56 cents
State tax of 1916, 46 cents |
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Chap. 182An Act creating an official flag for the State of Nevada, and prescribing the words, letters, and devices to be contained thereon, and repealing all other acts in relation thereto.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The official flag of the State of Nevada is hereby created, to be designed of the following colors, with the following lettering and devices thereon, to wit: The body of the flag shall be of solid blue. On the blue field, and in the center thereof, shall be placed the great seal of the State of Nevada, as the same is designed and created by section 4402, Revised Laws, 1912; the design of said seal to be in scroll border, and the words The Great Seal of the State of Nevada to be omitted. |
Specifications for official flag of Nevada |
κ1915 Statutes of Nevada, Page 252 (CHAPTER 182)κ
Repeal |
the words The Great Seal of the State of Nevada to be omitted. Immediately above the seal shall be the words Nevada, in silver-colored block Roman capital letters. Immediately below the seal, and in the form of a scroll, shall be the words All For Our Country, in gold-colored block Roman capital letters. Above the words Nevada there shall be placed a row of eighteen gold-colored stars, and below the words All For Our Country there shall be placed a row of eighteen silver-colored stars. Each star shall have five points, and shall be placed with one point up. Sec. 2. That certain act entitled An act adopting the design of the flag of the State of Nevada, approved March 25, 1905, and all other acts and parts of acts in conflict herewith, are hereby repealed. |
________
Licensing traveling merchants and peddlers
Nevada products excepted
License from sheriff
Licenses, in what form issued |
Chap. 183An Act requiring traveling merchants to procure a license, fixing the amount thereof, providing penalties for violation hereof, and repealing all acts and parts of acts in conflict herewith.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The term traveling merchant, wherever used in this act, shall be taken and deemed to mean all merchants entering into business at any place within the state for a period of less than six months, all persons vending from freight-cars standing on side-tracks, all hawkers, vendors, peddlers and traveling manufactures except such as are engaged in the disposal of products of the soil produced in Nevada, poultry, eggs and live stock, and honey produced in Nevada and dairy products produced in Nevada, which shall be exempt from the provisions of this act. Sec. 2. All traveling merchants, prior to commencing business, shall take out a license from the sheriff of the county wherein they desire to transact such business, and shall pay therefor the sum of one hundred dollars for each month or fraction thereof. Such license shall authorize the purchaser thereof to transact the business of traveling merchant within the county designated for the time mentioned therein. Sec. 3. The sheriff shall issue such licenses, as ex officio collector of licenses, on the same form used for issuance of licenses to theaters and amusements, and all the duties of the sheriff and other county officers in connection therewith shall be the same as the duties in connection with theater and amusement licenses. The penalties and procedure in case of violation hereof shall be the same as the penalties and procedure in case of violation of theater and amusement licenses. |
κ1915 Statutes of Nevada, Page 253 (CHAPTER 183)κ
violation hereof shall be the same as the penalties and procedure in case of violation of theater and amusement licenses. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed. |
Repeal |
________
Chap. 184An Act to amend section one of article three, section one of article four, section one of article five, section two of article eight, sections one, two, three, ten and thirteen of article twelve, section two of article fourteen, and sections one and seven of article seventeen of an act entitled An act to incorporate the town of Reno, and to establish a city government therefor, approved March 16, 1903, as amended March 13, 1905, and further amended on March 28, 1907, March 24, 1909, March 31, 1909, February 1, 1911, March 10, 1911, March 18, 1911, March 24, 1913, March 25, 1913, and February 26, 1915.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of article 3 of the above-entitled act is hereby amended so as to read as follows: Section 1. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident of the city for a period of at least two years next preceding his election, and shall be an elector and taxpayer in the city, and he shall be chosen by the qualified electors thereof at large, whose names appear upon the official register as hereinafter provided and who are actual bona fide residents of the city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor shall have been duly elected and qualified. The mayor shall be the chief executive of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof, with which they execute their official duties, and especially in respect to the collection, administration, and disbursement of the public funds, and all books, papers, records, and documents of said city shall at all times be open to his inspection, and any official misconduct or wilful neglect of duty shall be reported by him to the city council. He shall from time to time give the city council information, in writing, relative to the state of the city and recommend such measures as he may deem beneficial to the city. He shall see that the general laws, the provisions of this charter and all ordinances, |
Mayor to be elected; qualifications of
Term, 4 years
Various duties |
κ1915 Statutes of Nevada, Page 254 (CHAPTER 184)κ
City Clerk
Term, 4 years
Qualifications
City attorney
Term, 4 years
Qualifications
All city moneys paid by clerk to treasurer
Reno general fund |
charter and all ordinances, rules, and regulations of said city are observed and enforced, and shall take all proper measures for the preservation of the public peace, order, and the suppression of riots, tumults, and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily and to use and command the police force, or call upon the sheriff of said county, or, if such forces be inadequate, it shall be his duty to call upon the governor for military aid in the manner provided by law. Sec. 2. Section 1 of article 4 of the above-entitled act is hereby amended so as to read as follows: Section 1. There shall be a city clerk, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four years and until his successor shall have been duly elected and qualified. No person shall be eligible for said office who shall not be a bona fide resident of the city for a period of at least one year next preceding his election, and who is not a citizen of the state, and of the age of at least twenty-one years, and a taxpayer and elector in said city. Sec. 3. Section 1 of article 5 of the above-entitled act is hereby amended so as to read as follows: Section 1. There shall be a city attorney, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar, a bona fide resident of the city, and a taxpayer therein, shall be eligible to the office of the city attorney. Sec. 4. Sections 2 and 4 of article 8 of the above-entitled act are hereby amended so as to read as follows: Section 2. All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall, without delay, be paid by the city clerk, person, or officer receiving the same, to the city treasurer who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information of the city council, and the original of said receipt shall be given to the officer or person so paying in such money. All such moneys shall be placed by the city treasurer in the funds to be known as the Reno general fund, and the Reno bond redemption fund, and shall be so kept intact and not commingled with other moneys or in any manner disposed of, except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness. |
κ1915 Statutes of Nevada, Page 255 (CHAPTER 184)κ
and interest of any municipal bonded indebtedness. And the city council may designate any bank or banks in the city of Reno in which the city treasurer shall deposit any or all funds of the city in the name of the city of Reno, either with or without interest, subject to checks drawn by the city treasurer upon proper warrants and claims against the city. The city council may also designate any savings bank or banks for the deposit of bond redemption funds, at the usual rate of interest and subject to the rules of such banks, to be drawn by the city treasurer in the usual manner when required to pay such bonds at maturity. Sec. 5. Sections 1, 2, 3, 10, and 13 of article 12 of the above-entitled act are hereby amended so as to read as follows: Section 1. The legislative power of the city, except as hereinbefore provided, shall be vested in a city council, consisting of six members, who shall hold office for the term of four years from and after the date of their election. They shall be citizens of the state, bona fide residents and taxpayers in the city, and qualified electors of their respective wards, whose names appear upon the official register as electors of such ward, and residents thereof, within the corporate limits of the said city; provided, that no person shall be eligible to the office of councilman who shall not have been an actual bona fide resident in the ward to be represented by him for the period of at least six months immediately preceding the date of such election. Section 2. Of the councilmen elected hereunder at the next general city election, the one elected from the First ward, the one elected from the Second ward, the one elected from the Third ward, the one elected from the Fourth ward, and the one elected from the Sixth ward shall serve for the term of four years, from and after the date of their election. Upon the expiration of the term of office of the councilman heretofore elected from the Fifth ward, the vacancy shall be filled as provided in section 3 of this article; and thereafter at each general city election one councilman shall be elected from each ward in the city to serve for the term of four years from and after the date of his election. Section 3. Any vacancy occurring in the office of councilman shall be filled by the mayor and city council at the first regular meeting after such vacancy, when the mayor shall, subject to confirmation by the city council, appoint some person possessing the requisite qualifications as hereinbefore prescribed, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled. The person so appointed shall hold such office until the election and qualification of a councilman therefor at the next general city election. |
Funds may be deposited in designated banks
City council
Members elected for 4 years
Qualifications
Provisions as to next city election
Vacancies in council, how filed |
κ1915 Statutes of Nevada, Page 256 (CHAPTER 184)κ
Duties of city council
To pass ordinances, etc.
Ordinances to be printed
Tax for sewage-disposal plant
Fund for interest and redemption of bonds
Concerning city property
Concerning streets, alleys, etc. |
Section 10. The city council, among other things, shall have 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 of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city, and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication. Third-To levy and collect annually for general purposes a tax of not to exceed three-quarters of one per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for state and county purposes, fifteen per cent of which shall be set aside in a special fund to provide for a sewage disposal plant or system for the city, and for no other purpose, until such time as said sewage disposal plant or system shall be actually installed and paid for; and in addition thereto to levy and collect annually a tax of not to exceed one-quarter of one per cent upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purpose. Fourth-To sell, use, lease, improve, hold, and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose. Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing and widening any highway, street, or alley, or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning posts, show windows, and other things upon and over the sidewalks, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof, may divide the city into districts. |
κ1915 Statutes of Nevada, Page 257 (CHAPTER 184)κ
of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning posts, show windows, and other things upon and over the sidewalks, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof, may divide the city into districts. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other lands as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any streets or alleys, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public building or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council, or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or, if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just. |
Expenses, how paid
Improvements declared by ordinance
Assessment, how determined |
κ1915 Statutes of Nevada, Page 258 (CHAPTER 184)κ
City public buildings
Special assessments, when
Estimates of expense by city engineer |
and disproportionate to the assessment upon other lots, the city council, or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz., for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city; except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs, in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, or from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinance to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. |
κ1915 Statutes of Nevada, Page 259 (CHAPTER 184)κ
of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. 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 two-thirds of all the members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to do so, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds twenty per cent of the value of such lands as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. 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. 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 before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. |
Notices of improvements to be posted
Cost of improvements limited
Contracts, when |
κ1915 Statutes of Nevada, Page 260 (CHAPTER 184)κ
Duties of city assessor
Proviso
City assessor to report to city council
Form of report |
by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises, and portions of land to be assessed with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name unknown; provided also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land or such relative portion of the whole amount to be levied, as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate and endorsed on the assessment roll as follows: State of Nevada, City of Reno, ss. To the City Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll, and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the costs of (e.g.) for paving Virginia street from First street to Fourth street in said city (as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have as near as may be and according to my best judgment conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment. |
κ1915 Statutes of Nevada, Page 261 (CHAPTER 184)κ
ing to my best judgment conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment. Dated Reno, Nevada,.............................., A. D. 19..... ...................................................... , City Assessor. When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect as special assessment against the same, and not being of that class of special assessments required to be made pro rata upon several lots or parcels of land, on account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and as often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the city clerk to the city assessor for assessment. Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for two weeks at least in some newspaper of the city of the filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided for in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form: |
Expenses, how met
Council to determine pro rata of expenses
City assessor to make special assessment roll |
κ1915 Statutes of Nevada, Page 262 (CHAPTER 184)κ
Notice of special assessment
Assessment reviewed
Clerks certificate
Two-thirds vote necessary for confirmation of assessment |
subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
Notice of Special Assessment
To (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e.g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), or (as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard. Dated..................................................................................................................... City Clerk. At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the city council may correct the same as to any assessment or description of the premises, appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the city council, the ................. day of (month), 19.... (affixing the time). Dated................................................................................................................... City Clerk. Sixth-When any special assessment roll shall be confirmed by the city council it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor, acting ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. |
κ1915 Statutes of Nevada, Page 263 (CHAPTER 184)κ
of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll when so endorsed and recorded shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll. All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent. All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Reno in the same manner as any other action for money owed the city of Reno; 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 and wherever the words justice court, 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. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of lands so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid. Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. |
Assessment roll prima facie evidence
Assessments lien on lands
Assessments, when payable
Assessor to apportion amounts, when
Deficit or surplus of assessment, how adjusted
New assessment, when |
κ1915 Statutes of Nevada, Page 264 (CHAPTER 184)κ
Lien of city not impaired
Annual installments, when
Auditor to extend roll
Proviso |
purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act. Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied. No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon. When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments as hereinbefore provided, the city council may, by resolution, 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, or the amount of the annual installment with the interest added, 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, and the city council shall annually and at the same time the city tax levy is made continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county auditor, acting ex officio city auditor, shall extend the same on 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 by the county tax receiver, acting ex officio city tax receiver, 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; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. |
κ1915 Statutes of Nevada, Page 265 (CHAPTER 184)κ
the proceedings in making the assessment and of the right of the city to recover judgment therefor. If in any action for the collection of any assessment it shall appear by reason of any irregularity of informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises. The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll, by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made. In construing the fifth and sixth powers of section ten, article twelve, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers. Seventh-To organize, regulate, maintain, and disband a fire department, to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible, or inflammable material within, or transported through, the city, and to prescribe the distance from said city where the same may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof. Eighth-To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same by the city or at the expense of the parties creating, maintaining, causing, or committing such nuisances, and to provide for the penalty and punishment of the same. Ninth-To provide for safeguarding the health of the city. For this purpose, the city council may appoint a city board of health and by ordinance, prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor. Tenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. |
Informalities not to vitiate tax
Council may correc special assessment roll
Not to conflict
Fire precautions
To define nuisances
Health of city
To collect licenses on all businesses |
κ1915 Statutes of Nevada, Page 266 (CHAPTER 184)κ
To collect licenses on all businesses |
all kinds for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch counters, barrooms, lodging-houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all saloons, barrooms, gambling games, tippling houses, dram-shops, any and all places where intoxicating drinks are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops. To prohibit and suppress all dog-fights, prize-fights, cock-fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every, and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barbershops, collection agencies, and collectors, carpet cleaners, |
κ1915 Statutes of Nevada, Page 267 (CHAPTER 184)κ
cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers and brokers of any, every, and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of beer, malt, spirituous, or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, or purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planning mills, machine shops, car shops, building and loan companies and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any, and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the city council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed. Eleventh-To fix, impose, and collect a license tax on, and regulate all saloons, barrooms, dram shops, bars, tippling houses, or places where spirituous, malt, vinous, or intoxicating liquors are sold or given away; and to limit the number of saloons and all other retail liquor licenses, and to revoke the same. Twelfth-To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. |
To collect licenses on all businesses
To regulate liquor traffic
Dog tax, vehicles, runners, etc. |
κ1915 Statutes of Nevada, Page 268 (CHAPTER 184)κ
To preserve peace
Chain gang
City elections
To curtail fast driving
Safety precautions
To examine city accounts
To fix amount of licenses
To make appropriations |
coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress runners for hotels, taverns, or other business. Thirteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same. Fourteenth-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed. Fifteenth-To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election. Sixteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made up or cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council be necessary, and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way. Seventeenth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof. Eighteenth-To provide for the issuance of all licenses in this charter authorized and to fix the amount thereof and the times for, manner of and terms upon which the same shall be issued. Nineteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same. |
κ1915 Statutes of Nevada, Page 269 (CHAPTER 184)κ
and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same. Twentieth-To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein and to prohibit them within the city limits, and to prescribe the distance from said limits, where the same may be located; and to provide for the issuance of burial or transit permits, and make a charge therefor. Twenty-first-To establish, lay out and change fire limits and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards or billboards over sidewalks, or across streets, and to regulate the same throughout the city. Twenty-second-To provide by ordinance, for supplemental registration of all persons possessing the requisite qualifications of voters in said city and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years, before the police judge, and conform as nearly as possible with the requirement of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election. Twenty-third-To provide and maintain a city prison and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners. Twenty-fourth-To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. Twenty-fifth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks. Twenty-sixth-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; |
Proviso
Cemeteries and burial of dead
Fire limits, etc.
Registration of city voters
City prison
To prevent animals running at large
Regulations of boilers, poles, etc.
To regulate safety of structures, etc. |
κ1915 Statutes of Nevada, Page 270 (CHAPTER 184)κ
To regulate safety of structures, etc.
Prevent overcrowding of public halls, etc.
Regulate pipe lines, etc.
Railways to repair and sprinkle streets
Abolish nauseous nuisances |
struction and location of drains and sewers; to layout, change, and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same, fire escapes and appliances for protection against the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the abating, removal, or cleansing, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, debris, nauseous, stinking or foul privy vaults; and if after the city council has given written notice to the owner or agent of any lot or premises to clean the same of any accumulated rubbish, garbage, or filth, the said owner or agent refuses or fails for a period of two days from and after receipt of said notice so to do, the city council may remove the said rubbish, garbage or filth and collect the cost of said removal by suit against the said owner and lot or premises, and the cost of said removal shall be a lien against the said lot or premises until paid, and in the said action for recovery of the cost of said removal it shall not be necessary to join as defendant any party other than the name of the actual record owner and the said lot or premises. Twenty-seventh-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, entrances or exits of such places. Twenty-eighth-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently, with the free use of the streets, sidewalks or alleys. Twenty-ninth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof. Thirtieth-To require upon such notice as the city council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for. |
κ1915 Statutes of Nevada, Page 271 (CHAPTER 184)κ
of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for. Thirty-first-To provide for and regulate the manner of weighing of all food products and food stuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures, throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures. Thirty-second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys, or other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding, or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city. Thirty-third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing, any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind. Thirty-fourth-To regulate the use and sale of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric light meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect. |
Regulate weights and measures
To punish and prevent vagrancy, etc.
Firearms
Regulating horses, etc.
Obscene literature, etc.
To regulate all meters |
κ1915 Statutes of Nevada, Page 272 (CHAPTER 184)κ
Proviso
Public lighting
Lodging houses, etc.
General power as to ordinances
To keep streams clean
Bridging of waters
Regulating slaughter houses, etc.
To employ competent mechanical supervisor |
meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect. Thirty-fifth-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting. Thirty-sixth-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition. Thirty-seventh-To adopt and enforce by ordinance, all such measures and establish all such regulations in case no express provision is in this charter made, as the city council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof. Thirty-eighth-To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent, and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome, or offensive. Thirty-ninth-To require of all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause such ditch or canal to be completely bridged from side to side of such streets or alleys. Fortieth-To compel the owner of any grocery, tallow-chandler shop, soap or candle factory, butcher shop or stall, slaughter house, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, or committing the same. Forty-first-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the city council it shall be necessary or expedient for the purpose of supervising and directing any public work; the salary or compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance. |
κ1915 Statutes of Nevada, Page 273 (CHAPTER 184)κ
and directing any public work; the salary or compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance. Forty-second-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment. Forty-third-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive. Forty-fourth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary, in the judgment of the city council to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise, against any property owner refusing or neglecting to pay as assessed by the city council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits the property or owner thereof. Forty-fifth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park or public purposes shall be sold or in any manner disposed of. Forty-sixth-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference. Forty-seventh-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law and all rights of eminent domain may be exercised by the city in relation thereto. Forty-eighth-To change or enlarge the boundaries of any ward, by ordinance, so as to annex or include therein additional lands, with the tenements, property and inhabitants thereof; provided, the city council shall be first petitioned so to do by a majority of the persons of the district proposed to be so annexed; and provided further, that no change in the boundaries of any ward, except for the purpose of enlarging the same, shall be made within sixty days next preceding any general city election, and in no event oftener than once every two years. |
To prescribe fines, etc.
Official bonds
To maintain suits at law
To buy and sell city property under restrictions
To protect shrubbery
May condemn property-eminent domain
To change wards
Provisos |
κ1915 Statutes of Nevada, Page 274 (CHAPTER 184)κ
To tax parades
Fund for publicity purposes
Alternative ordinance at referendum elections Enacting clause
Municipal court, and police judge
Term, 4 years
Bond
Municipal election in May, 1915, and every four years
Council to provide for election
Vacancies, certain, how filled |
general city election, and in no event oftener than once every two years. Forty-ninth-To suppress or regulate and collect a license tax on circus or other public parades through the streets of the city. Fiftieth-In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished, during the year, for purposes of publicity. Section 13. The city council may, at such general or special election, submit an alternative ordinance for the choice of the electors, and any number of proposed ordinances may be voted on at the same election. The style of all ordinances voted on at any general or special election shall be as follows: The People of the City of Reno do ordain. Sec. 6. Section 2 of article 14 of the above-entitled act is hereby amended so as to read as follows: Section 2. The municipal court shall be presided over by a police judge, who shall be a citizen of the state, a bona fide resident of the city for a period of at least one year next preceding his election, and he shall be an elector and taxpayer in the city. He shall be elected by the qualified electors of the city at each general city election and shall hold office for the term of four years, and until his successor shall have been duly elected and qualified. He shall, before entering upon the discharge of his duties, make and execute to the city a good and sufficient bond in such sum and condition as the city council may prescribe, and the sureties thereon shall be subject to the approval of the city council. Sec. 7. Sections 1 and 7 of article 17 of the above-entitled act are hereby amended so as to read as follows: Section 1. The first municipal election hereunder shall be held in said city on the first Tuesday after the first Monday in May, 1915, and on the same day every four years thereafter, at which time there shall be elected one mayor, councilmen as hereinbefore provided, one city attorney, one city clerk, and one police judge. All elections held under this charter shall be governed by the provisions of the general election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect. Section 7. If a vacancy occurs in the office of any officer, acting ex officio or otherwise, or in the event any officer acting ex officio as city officer shall refuse to act as ex officio city officer, and in all other cases of vacancy not otherwise provided for, the mayor shall, subject to confirmation by the city council, appoint some person possessing the requisite qualifications to fill such vacancy, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled. |
κ1915 Statutes of Nevada, Page 275 (CHAPTER 184)κ
is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled. |
|
________
Chap. 185An Act prescribing the official oath of the State of Nevada, and repealing a certain act.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Members of the legislature, and all officers, executive, judicial, and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath: I, do solemnly swear (or affirm) that I will support, protect, and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of , on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury. Sec. 2. An act entitled An act prescribing the official oath of the State of Nevada, approved January 16, 1865, is hereby repealed. |
From of official oath
Repeal |
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Chap. 186An Act to amend section 517 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 517 of An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, is hereby amended to read as follows: Section 517. The two preceding sections shall not be construed as prohibiting any corporation, company, organization, or individual from giving in writing, at the time said employee leaves or is discharged from the service of said employer, a truthful statement of the reason for such leaving of the service or discharge of such employee, nor shall the foregoing sections be construed to prevent any employer from giving any employee or former employee any statement with reference to any meritorious services which said employee may have rendered to such employer, and it shall be the duty of the employer to supply upon demand from employee, statements as provided in this section. |
Truthful statement of discharge or leaving may be given employee
Recommendation may be given |
κ1915 Statutes of Nevada, Page 276 (CHAPTER 186)κ
Employee construed
Proviso |
upon demand from employee, statements as provided in this section. The word employee, as used in this act, shall be construed to mean every person who shall have entered upon service or employment of an employer, and such employment shall be deemed to commence from the date of the entry or performance of any service, and any contract of employment, rule, regulation, or device to the contrary shall be void; provided, that no such statement shall be required unless the employee shall have been in service for a period of not less than sixty days and that only one such statement shall be issued to such employee. |
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Reporters of supreme court decisions, duties of
Duties of reporters regarding printed volumes
Proof sheets to be furnished
Advance sheets, when |
Chap. 187An 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]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The clerk of the supreme court and the official court reporter shall be ex officio reporters of decisions. Whenever any case is finally determined by the supreme court it shall be the duty of the reporters of decisions to make a synopsis of the opinion and decision of the supreme court in such case, together with a brief abstract of the briefs filed in the case, in so far as such briefs bear upon the points considered in the opinion of the court. A copy of the opinion, together with the synopsis of the same and the abstract of the briefs, shall be filed by the reporters of decisions with the superintendent of state printing. Sec. 2. The reporters of decisions shall have such decisions, synopses, and abstracts of briefs, together with an index, table of cases, and of statutes and provisions of constitutions cited, printed and bound in volumes of the size, as nearly as may be, of the volumes heretofore published, and containing not less than five hundred pages each. Sec. 3. The superintendent of state printing shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. It shall be in the discretion of the superintendent of state printing, whenever the material furnished by the reporters of decisions will make a folio of sixteen pages, to print a sufficient number of such folios for the permanent volume hereinafter provided for. He may also print, on cheap paper, not for binding, a number of such folios, which may be sold by the superintendent of state printing, at a price sufficient to cover the cost of the same, to subscribers for the permanent volumes. |
κ1915 Statutes of Nevada, Page 277 (CHAPTER 187)κ
Sec. 4. The title of each of the above-mentioned volumes shall be Nevada Reports, which title, together with the name of the clerk of the supreme court and the number of the volume, shall be printed on the back of each book. Sec. 5. The work of the reporters of decisions in preparing the material for the Nevada Reports shall be under the direction and supervision of the justices of the supreme court. Sec. 6. It shall be the duty of the stenographic clerks of the supreme court, without additional compensation, to assist the reporters of decisions in the preparation of the material for such Nevada Reports. Immediately upon the filing of any decision by the supreme court it shall be the duty of the official court reporter to mail a copy of such decision to counsel upon each side of the case, which copy shall bear the certificate of the official court reporter to be a full, true, and correct copy of such decision. Sec. 7. The official court reporter, for his services as a reporter of decisions, shall receive a salary of three hundred dollars per annum, payable in equal monthly installments, which shall be in addition to his salary as official court reporter, now prescribed by law. Sec. 8. The superintendent of state printing shall cause to be printed upon good paper and in workmanlike manner eleven hundred copies of each volume of decisions hereafter published, which shall be disposed of as follows: Six hundred copies shall be bound in buckram and shall be delivered to the secretary of state, for the purposes hereinafter specified, and five hundred copies shall be stored unbound by the superintendent of state printing, subject to the order of the secretary of state. Sec. 9. On the receipt of each volume of said reports from the superintendent of state printing, the secretary of state shall distribute them in the following manner: To each state and territory, one copy; to each of the heads of departments at Washington, one copy; to the library of Congress, two copies; to each of the judges of the United States circuit and district courts in the states of Nevada, California, and Oregon, one copy; to the Nevada state library, two copies; to each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy; and to each public library within this state, one copy. He shall distribute to literary and scientific institutions, publishers, and authors as in his opinion may secure an interchange of works which may properly be placed in the state library. The remaining copies shall be held for sale at the price of two dollars per volume. Sec. 10. Those certain acts entitled respectively An act to provide for the publication and distribution of Nevada Reports, approved March 1, 1883, and An act to provide for compiling and reporting the decisions of the supreme court of the State of Nevada, approved March 26, 1909, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed; |
Title, Nevada Reports
Under supervision of supreme justices
Stenographers to assist
Additional salary for official court reporter
Style and size of volumes-number printed
How free distribution made
Price $2 per volume
Certain acts repealed |
κ1915 Statutes of Nevada, Page 278 (CHAPTER 187)κ
Proviso as to 37th Nevada Report |
are hereby repealed; provided, that this act shall not apply to the preparation of the 37th Nevada Report, the material for which is now on hand, but that such 37th Nevada Report shall be prepared and published in accordance with the provisions of existing laws. |
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Live stock not to trespass on water supply of town of 1,500 or more
Not to apply to prospectors
Each days trespass a separate offense
Penalty
Repeal
In effect |
Chap. 188An Act making it a misdemeanor to herd, graze, pasture, keep, maintain, or drive live stock upon, over, or across certain lands.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, persons, firm, corporation, or association, owning or having charge of any live stock, to herd, graze, pasture, keep, maintain, or drive the same upon, over, or across any lands lying within one mile of any surface intake, intakes, water-boxes, or surface reservoirs, used for gathering, storing, and conducting water, when said lands are situated within the watershed of any stream, streams, springs, ponds, lakes, or reservoirs, waters from which, when so gathered and stored, are used for municipal, drinking, or domestic purposes by the residents and inhabitants of any city or town in the State of Nevada having a population of fifteen hundred or more people. Sec. 2. Section 1 of this act shall not be construed to apply to prospectors or other persons passing over or being temporarily upon said lands with not to exceed ten head of live stock. Neither shall said section apply to live stock running at large upon the ranges. Sec. 3. That each and every day the said acts so declared to be unlawful in section 1 hereof are committed, done, and continued shall constitute and be separate, distinct, and new offenses, and any person violating any of the provisions of said section shall be guilty of a misdemeanor, and upon conviction shall, for each and every offense, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage and approval. |
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κ1915 Statutes of Nevada, Page 279κ
Chap. 189An Act granting aid to the state agricultural society for the purpose of holding state fairs during the years 1915 and 1916, and to erect, maintain, and improve the buildings and grounds of the society for the years 1915 and 1916.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand dollars for each of the years 1915 and 1916 is hereby appropriated, out of any moneys in the general fund of the state treasurer not otherwise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years. Sec. 2. The sum of three thousand dollars for the year 1915 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the state agricultural society in erecting, maintaining, and improving the buildings and grounds of the society; provided, that without any expense to the state, the said society secure the necessary grounds on which to hold said annual fair or fairs. Sec. 3. The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded, and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys herein appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing. |
$5,000 for state agricultural society for 1915 and 1916
$3,000 for buildings, improvements, etc.
No expense for grounds
Use of money for premiums, horse-racing excepted |
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Chap. 190An Act to amend sections one, four, eight, ten, twenty-one, twenty-two, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, forty, forty-one, and forty-three of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913.
[Approved March 22, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, is hereby amended to read as follows: |
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