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κ1919 Statutes of Nevada, Page 161 (CHAPTER 91)κ

 

vocational education act, known as the Smith-Hughes act, and of chapter 209, Statutes of Nevada 1917, accepting the benefits of said act and all subsequent acts relating thereto: To the Virginia City school of mines, the sum of twenty-four hundred dollars ($2,400); to the Tonopah school of mines, the sum of four thousand and fifty dollars ($4,050); to the Goldfield school of mines, the sum of four thousand and fifty dollars ($4,050); to the Ely mining district school of mines, the sum of four thousand and fifty dollars ($4,050); which shall be paid for the salaries of teachers and for necessary operating expenses of the said schools.

      Sec. 4.  For the support of the said schools of mines from January 1, 1919, to July 1, 1919, there is appropriated in the manner hereinafter specified and from any moneys in the general fund of the state treasury not otherwise appropriated, the following sums: For the support of the Virginia City school of mines (including the salary of the principal), the sum of thirteen hundred dollars ($1,300); for the support of the Tonopah school of mines (including the salary of the principal), the sum of nineteen hundred and fifty dollars ($1,950); for the support of the Goldfield school of mines (including the salary of the principal), the sum of nineteen hundred and fifty dollars; for the support of the Ely mining district school of mines (including the salary of the principal), the sum of nineteen hundred and fifty dollars; provided, however, that all salaries and expenses incurred up to and including the date of the passage and approval of this act, which shall have been paid from funds appropriated heretofore for the support of each and any of the said schools, shall be deemed to be a part of and not an addition to appropriations heretofore made and available for the support of such school.

      Sec. 5.  On and after January 1, 1921, the said mining schools, shall be maintained as local, state and federal cooperative enterprises in which one-fourth of the cost of the salaries of said schools shall be borne by the respective counties wherein said schools are situated and three-fourths of the said cost shall be borne by the state and by the federal governments under the terms of the Smith-Hughes vocational education act and the state act or acts accepting the benefits of the same.

      The respective boards of county commissioners in the counties in which said schools are located shall in preparing budgets on estimated expenditures for the years 1921 and thereafter provide in the tax levies of the preceding year for sufficient moneys to permit of county cooperation in the support of the said schools as aforesaid, and any county failing to make such provision shall forfeit the right to state and federal moneys for the support of the mining schools situated therein and the right to receive moneys from the state vocational fund.

 

 

 

 

 

 

 

 

Appropriation for first half of 1919

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

Method of support after Jan. 1, 1921

 

 

 

 

County tax for said schools


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κ1919 Statutes of Nevada, Page 162 (CHAPTER 91)κ

 

Transfer of school equipment

 

 

 

 

 

 

Repeal of certain acts

      Sec. 6.  On or before July 1, 1919, all equipment, property and assets in the possession of the Virginia City school of mines, the Tonopah school of mines, the Goldfield school of mines, and the Ely mining district school of mines shall be transferred by the state board for vocational education and by the boards now having direct control of the said equipment, property and assets, to the county boards of education or district boards of school trustees of the respective school districts in which said schools may be respectively located, for the exclusive use of said mining schools in said districts as long as said schools may be operated.

      Sec. 7.  Those certain acts entitled “An act amending an act entitled ‘An act creating a school of mines to be located at Virginia City, Nevada,’ approved March 20, 1903,” approved March 20, 1911, being section 4671, Revised Laws of Nevada, 1912; an act entitled “An act creating a school of mines to be located at Tonopah, Nevada,” approved March 17, 1915, and an act entitled “An act creating a school of mines to be located at Goldfield, Nevada, and a school of mines to be located at Ely, Nevada,” approved March 20, 1917, are hereby repealed.

 

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CHAPTER 92

 

 

 

 

 

 

 

 

 

 

 

 

County tax for high-school purposes

 

 

 

 

 

 

 

Conditions required

Chap. 92–An Act to amend sections 1 and 2 of an act entitled “An act to authorize county commissioners in counties not having high schools, to aid district high schools under certain conditions, and matters properly connected therewith,” approved March 9, 1915.

 

[Approved March 25, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

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

      Section 1.  In any county in which no county high school is located, the county commissioners at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one duly organized high school, or the several boards of trustees of district high schools in counties having more than one such high school, shall levy a county tax for high-school purposes of not less than fifteen cents (15c), or such part thereof as is shown in said petitions to be necessary, on the hundred dollars ($100) of assessed valuation of the county, for the benefit of any district high school or schools that comply with the following conditions:

      1.  That the said high school or schools shall have standard courses in commercial work or manual arts or domestic arts, or standard courses in agriculture;

      2.  That the board of school trustees of the district or districts having high schools as described in paragraph 1 of these conditions shall each have levied a special district tax of not less than fifteen (15c) cents on the hundred ($100) dollars of the assessed valuation;

 


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κ1919 Statutes of Nevada, Page 163 (CHAPTER 92)κ

 

these conditions shall each have levied a special district tax of not less than fifteen (15c) cents on the hundred ($100) dollars of the assessed valuation;

      3.  That the board of school trustees of each district interested shall have passed a resolution opening their high school to all properly qualified students of the county; if on approval of this act the tax levy for 1919 shall have been fixed by the board of county commissioners as required by law, the board of county commissioners of all counties affected by this act are hereby required to change said tax levy to the fifteen-cent (15c) tax herein provided for if petitioned by the board of school trustees or boards of school trustees so to do within ten days after the passage and approval of this act.

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

      Section 2.  In counties having more than one district high school affected by the provisions of this act, the amount raised by the county for high-school purposes, as provided in section 1 hereof, shall be apportioned by the state superintendent of public instruction at the time of each semiannual apportionment of the state and county school moneys in January and July, on the following basis: Said amount shall be divided between the several district high schools in proportion to the number of high-school teachers employed during the school year last preceding that in which the apportionment is made, excepting as hereinafter provided. No school having an enrollment of less than fifty pupils shall receive an apportionment for more than one teacher for each ten pupils enrolled. No school having an enrollment of more than fifty pupils and less than one hundred pupils shall receive an apportionment on an excess of one teacher for each twelve pupils enrolled. No school having an enrollment of more than one hundred and less than one hundred and fifty pupils shall receive an apportionment on an excess of one teacher for each fifteen pupils enrolled. No school having an enrollment of more than one hundred and fifty shall receive an apportionment on an excess of one teacher for each eighteen pupils. Nothing in this section shall be construed to prevent any school from employing as many teachers as may be deemed necessary by the board of trustees thereof. It is hereby provided that the money so apportioned shall be kept by the treasurer and auditor in separate funds for each high-school district and shall be used for high-school purposes and no other.

Conditions required

 

 

 

 

 

 

 

 

 

 

 

Method of apportionment to district high schools

 

 

 

 

Certain inhibitions

 

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κ1919 Statutes of Nevada, Page 164κ

CHAPTER 93

 

 

 

 

 

 

 

 

 

State board of finance created; supersedes other state boards named

 

 

 

 

 

 

 

 

Powers of said board

 

 

 

Composition of said board

 

 

 

 

State bank examiner secretary

 

 

Attorney-general legal advisor

Chap. 93–An Act to create a state board of finance, defining its powers and duties, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 25, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The state board of finance is hereby created. The state board of finance shall supersede-

      1.  The state banking board as defined in an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, and all amendments thereto;

      2.  The state board of investments, as defined in an act entitled “An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 24, 1917;

      3.  The state board of revenue, as defined in an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917.

      The state board of finance shall have all the powers and perform all the duties heretofore belonging to the state banking board and the state board of investments, and the state board of revenue, under and by virtue of the three acts above-mentioned, which acts shall remain in full force and effect.

      Sec. 2.  The state board of finance shall consist of the governor, state controller, state treasurer, and two other members to be appointed by the governor for a term of four years each. The two members so appointed by the governor shall receive ten dollars ($10) per day for their services while actually engaged in the performance of their duties as members of said board, and shall be entitled also to traveling and necessary expenses incurred in the performance of such duties.

      Sec. 3.  The state bank examiner shall be the secretary of the state board of finance. He shall receive no additional salary or compensation for such services. He shall be the custodian of the records, papers and seal of said board and shall perform such additional duties as may be required of him.

      Sec. 4.  The attorney-general shall be the legal advisor of the state board of finance.

      Sec. 5.  In addition to the powers conferred upon the state board of finance by the acts specified in section 1 of this act, the state board of finance shall have the following additional powers:

      The state board of finance by unanimous vote of its members, and with the approval of the state board of examiners, is hereby empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund, and those of the Nevada industrial insurance fund, to counties, cities, towns, school districts, high-school districts and other governmental agencies situate within the boundaries of the State of Nevada.


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κ1919 Statutes of Nevada, Page 165 (CHAPTER 93)κ

 

bers, and with the approval of the state board of examiners, is hereby empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund, and those of the Nevada industrial insurance fund, to counties, cities, towns, school districts, high-school districts and other governmental agencies situate within the boundaries of the State of Nevada. Such loans shall be made only to counties, cities, towns, school districts, high-school districts, and other governmental agencies that have observed the regulations and followed the procedure for obtaining temporary loans set forth in an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917. Such loans shall be made for a period not longer than eighteen (18) months and shall bear interest at the rate of six per cent (6%) per annum.

      In making loans to counties, cities, towns, school districts, high-school districts, and other governmental agencies, the state board of finance shall follow the procedure for making other loans set forth in an act entitled “An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 24, 1917.

      Sec. 6.  Nothing in this act shall be construed to repeal or amend an act entitled “An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act,” approved March 15, 1913.

Powers and duties of state board of finance

 

 

 

 

 

 

 

 

 

Certain act to be followed

 

 

 

 

Certain act not affected

 

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CHAPTER 94

Chap. 94–An Act to regulate fees and compensation for county and township officers for official and other services in the county of Mineral, State of Nevada, and to repeal an act entitled “An act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada,” approved March 15, 1915, and all other acts or parts of acts in conflict herewith.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The several officers and persons named in this act may demand and receive for their services, rendered in discharging the duties imposed upon them by law, the fees and compensation herein specified.

      Sec. 2.  The county clerk of Mineral County, State of Nevada, shall be allowed to charge and collect the following fees for all services performed by him, in any action or proceeding (except a probate or guardianship proceeding, or as herein otherwise specified), to and including the making up and filing the judgment roll, ten dollars (which shall include the court fee of three dollars, now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

 

 

 

 

 

 

 

 

 

 

 

Fees of officers of Mineral County

 

Fees of county clerk of Mineral County


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κ1919 Statutes of Nevada, Page 166 (CHAPTER 94)κ

 

Fees of county clerk of Mineral County

and filing the judgment roll, ten dollars (which shall include the court fee of three dollars, now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

      For filing cross-complaint, counter-claim, or a complaint in intervention, five dollars.

      For entering judgment by confession, five dollars.

      For all services performed in an action appealed from a justice court (which shall include the court fee of one dollar now provided by law), five dollars, to be paid by the appealing party.

      For filing any and all papers offered by the respondent on an appeal from a justice court, two dollars and fifty cents.

      For filing and indexing papers upon a transfer of a cause from a district court of another county, or from the United States district court, and for all services in connection therewith, five dollars.

      For transmission of files and papers, including a copy of the court minutes, upon the granting of a change of venue to the district court of another county, or to the United States district court, exclusive of the express charges, or postage, three dollars.

      For issuing a commission to take testimony, one dollar.

      For all services performed in proceedings to perpetuate testimony, two dollars and fifty cents.

      For filing notice and undertaking, and all services, including indexing, upon appeal to the supreme court (but not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial, or to set aside a judgment.

      For all services performed in an adoption case, five dollars; provided, however, no fee shall be charged or collected in cases relating to dependent or neglected children.

      For all services after the judgment roll is made up and filed, pending an appeal to the supreme court (but not including the making of copies), three dollars.

      For certificate of dismissal of an appeal to the supreme court, when prepared by the clerk, three dollars and fifty cents, and when prepared and furnished by the attorneys, two dollars.

      For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, thirty cents per folio.

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

      For issuing transcript of judgment, and certifying thereto, two dollars, and thirty cents per folio.


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κ1919 Statutes of Nevada, Page 167 (CHAPTER 94)κ

 

      For filing any paper in any cause after judgment, not otherwise specified or provided for, fifty cents.

      For taking and certifying depositions, for each folio, thirty cents, besides five dollars for each day’s attendance.

      For filing a petition for a change of name, or for a writ of any kind, except habeas corpus, and for all services in connection therewith, five dollars; provided, no charge shall be made or collected for a writ of habeas corpus.

      For filing the appearance of any defendant (or any number of defendants answering jointly), to be paid upon filing the first paper by him or them, five dollars; for every additional defendant appearing separately, two dollars and fifty cents; provided, that if two or more defendants file appearances at the same time, but five dollars only shall be charged.

      For one copy of any record, proceeding, or paper upon file in the office of the clerk, when such copy is made by him, per folio, thirty cents, and when such copy is not made by him, ten cents, and for each certificate thereto, one dollar; for each additional copy, one cent per folio additional.

      For each certificate of the clerk under the seal of the district court or the county, one dollar.

      For making satisfaction of, or credit on, judgment, fifty cents.

      For filing and docketing abstract of judgment of a justice court, and issuing of execution thereon, one dollar and fifty cents.

      For filing and docketing abstract of judgment of a district court of another county, and for issuing execution thereon, two dollars and fifty cents.

      For all services in probate and guardianship proceedings, up to and including the final settlement of the case, ten dollars (which shall include the court fee now provided by law), to be paid by the petitioner; provided, however, that at the time of filing the inventory and appraisement, in any such action or proceeding, there shall be charged and collected an additional fee of one dollar for each additional one thousand dollars of the appraised value in excess of two thousand dollars.

      For filing a petition to contest any will or codicil or objections, or cross-petitions to the appointment of an executor, administrator, or guardian, or objection to the settlement of accounts, or any other proceeding in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      For administering each oath or affirmation, without certificate (except in a pending action or proceeding, for which no charge shall be made), fifty cents.

      For taking any affidavit, except in pending suits, or in criminal cases, one dollar; if the affidavit be drawn by the clerk, thirty cents per folio additional.

Fees of county clerk of Mineral County


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κ1919 Statutes of Nevada, Page 168 (CHAPTER 94)κ

 

Fees of county clerk of Mineral County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of county recorder of Mineral County

      For searching records and files in his office, for each year (but not to charge suitors or attorneys), fifty cents.

      For taking acknowledgment of deeds, or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents.

      For filing each claim in probate or insolvency proceedings, twenty-five cents, to be paid by the party making such claim.

      For issuing a marriage license, two dollars (one-half of which shall be paid to the county recorder for recording the certificate of marriage when returned to his office).

      For filing, indexing, and recording (where required by law) articles of incorporation and certificates of copartnership and of association, ten dollars; if not to be recorded, five dollars.

      For filing, indexing, and recording any and all papers which are not herein otherwise provided for, three dollars.

      For filing and indexing all papers to be kept by him, other than papers filed in actions or proceedings in court, and official bonds and certificates of appointment, one dollar.

      For recording and indexing any certificate or license issued by a state board, bureau, or department, one dollar.

      For issuing certified copies of naturalization papers (for use in land cases only), for the first papers, two dollars; for the final papers, four dollars, which said fees, as well as those allowed by law for services in relation to the location of, and settlement on, public lands, may be retained by the clerk and not accounted for.

      No fee shall be allowed to or charged by the clerk for any service rendered in any criminal case, nor against the state or county in any case wherein the state or county is a party plaintiff or defendant.

      In all proceedings begun or 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 acts performed, shall be charged and collected, until the termination thereof.

      Sec. 3.  The county recorder of Mineral County, State of Nevada, shall be allowed to charge and to collect the following fees:

      For filing and entering any paper not to be recorded, fifty cents.

      For receiving, filing, and entering documents required to be recorded, twenty-five cents.

      For making all necessary indexes to each paper filed or recorded, for each name to be indexed, twenty-five cents.

      For recording any instrument, paper, or document, for each folio, thirty cents.

      For recording certificate of marriage, deaths, birth, or divorce, one dollar.

      For recording certificate of proofs of labor on mining claims, fifty cents for the first claim embraced therein and twenty-five cents for each additional claim, and thirty cents per folio for each folio in excess of the first one hundred words.


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κ1919 Statutes of Nevada, Page 169 (CHAPTER 94)κ

 

twenty-five cents for each additional claim, and thirty cents per folio for each folio in excess of the first one hundred words.

      For recording notices of intention to claim exemption from annual assessment work on mining claims, under the provisions of any act of Congress providing therefor, the same fees as for recording certificates of proofs of labor.

      For recording each and every notice of mining location, one dollar.

      For recording any survey or map, other than town plats, for each course, fifty cents.

      For recording town plats, for each lot or separate subdivision exhibited thereby, twenty-five cents.

      For each folio of lettering or figuring thereon, or in the certificate and description of the same, one dollar.

      For recording or copying any paper in foreign language, double the fees as when in English.

      No map or plat shall be recorded exceeding in size two folios of the usual size records.

      For filing notices of lis pendens, writs of attachment, sheriffs’ certificates of sale of property on execution, one dollar.

      For every entry of discharge of mortgage, on the margin of the record, fifty cents.

      For copy of any record or document in his office, the same fees as for recording.

      For searching records and files, for each document necessarily examined, ten cents.

      For abstract of title, for each document embraced thereby, one dollar.

      For every certificate under seal, one dollar.

      For taking acknowledgment, including certificate and seal, for the first signature, one dollar; for each additional signature, twenty-five cents.

      For recording and filing marks and brands, and making and transmitting any required copies thereof, if new, two dollars; if a rerecord of an old mark or brand, fifty cents.

      No charge shall be made for filing duplicate copies of treasurer’s certificate of sale of property for delinquent taxes, nor for filing and recording any official bonds required by law to be recorded, nor for filing and recording the treasurer’s deed as trustee of property sold at delinquent tax sale, nor for any deed to the county or state, or any school district.

      Sec. 4.  The sheriff of Mineral County, State of Nevada, shall be allowed to charge and collect the following fees:

      For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant, two dollars.

      For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, fifty cents for each mile; provided, that if any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

Fees of county recorder of Mineral County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of sheriff of Mineral County


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κ1919 Statutes of Nevada, Page 170 (CHAPTER 94)κ

 

Fees of sheriff of Mineral County

traveled, fifty cents for each mile; provided, that if any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.

      For taking bond or undertaking in any case in which he is authorized to take the same, one dollar and fifty cents.

      For copy of any writ, process or other paper, when demanded or required by law, for each folio, thirty cents.

      For serving every notice, rule or order, one dollar.

      For serving subpena, for each witness summoned, fifty cents.

      For traveling, per mile in serving subpenas or a venire, in going only, fifty cents for each mile, but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

      For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, three dollars, together with traveling fees, as in cases of summons.

      For making and posting notices, and advertising for sale, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper, two dollars.

      For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, two dollars, which shall be collected from the party receiving the certificate; one-half of said fee to be paid to the county recorder.

      For commissions for receiving and paying over money on execution, or process, where lands or personal property has been levied on, advertised or sold, on the first five hundred dollars, four per cent; on any sum in excess of five hundred dollars, and not exceeding one thousand dollars, two per cent; on all sums above that amount, one per cent.

      For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first five hundred dollars, one per cent; on all over that sum, one-half of one per cent.

      The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.

      For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof, five dollars.

      For serving a writ of possession, or restitution, putting any person into possession entitled thereto, five dollars.

      For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, fifty cents for each mile.

      He shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.


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κ1919 Statutes of Nevada, Page 171 (CHAPTER 94)κ

 

trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited, and paid as are other claims against the county.

      In service of subpena or venire, in criminal cases he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      For all services in justice courts, the same fees as are allowed constables.

      Sec. 5.  The fees of constables of Mineral County, State of Nevada, shall be as follows:

      For serving summons or other process by which suit is commenced in civil cases, one dollar.

      For summoning a jury before a justice of the peace, two dollars.

      For taking a bond or undertaking, one dollar.

      For serving an attachment against the property of a defendant, two dollars.

      For serving subpenas, for each witness, twenty-five cents.

      For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice who issued the writ or order, upon the affidavit of the constable that such charges are correct, and the expenses necessarily incurred.

      For a copy of any writ, process, or order, or other paper, when demanded or required by law, per folio, twenty cents.

      For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof, five dollars.

      For each certificate of sale of real estate under execution, one dollar.

      For collecting all sums on execution, to be charged against the defendant, two per cent thereof.

      In levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, two dollars, with traveling fees as for summons.

      For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper, two dollars.

      For mileage in serving summons, attachment, execution, order, venire, subpena, or other process in civil suits, for each mile necessarily and actually traveled, in going only, fifty cents for each mile; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

      For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

Fees of sheriff of Mineral County

 

 

 

 

 

 

 

Fees of constable of Mineral County


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κ1919 Statutes of Nevada, Page 172 (CHAPTER 94)κ

 

 

 

Fees of justices of the peace, Mineral County

sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      Sec. 6.  Justices of the peace in Mineral County, State of Nevada, shall be allowed the following fees:

      For filing each paper, twenty-five cents.

      For issuing any writ or paper by which suit is commenced, one dollar.

      For entering cause in docket, fifty cents.

      For subpena to witness, twenty-five cents.

      For administering oath or affirmation, twenty-five cents.

For certifying to same when the testimony is written, twenty-five cents.

      For issuing writ of attachment, or warrant of arrest, or order for the delivery of property, two dollars.

      For entering final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents.

      For taking and approving any bond or undertaking, required by law to be taken or approved by him, one dollar.

      For issuing a venire, one dollar.

      For taking depositions, per folio, twenty-five cents.

      For issuing commissions to take testimony, one dollar.

      For copy of any judgment, order, docket, proceeding, or paper in his office, per folio, twenty-five cents.

      For entering satisfaction of judgment, fifty cents.

      For issuing execution, one dollar.

      For issuing search warrant, one dollar.

      For issuing writ of restitution, one dollar.

      For issuing supersedeas to an execution, one dollar.

      For entering any cause without process, one dollar.

      For entering judgment by confession, as in the district court, two dollars.

      For each motion, exception, rule, order, default, dismissal, discontinuance, or nonsuit, and for filing each paper required to be filed, twenty-five cents.

      For making up and transmitting transcript and papers on an appeal to the district court, including a copy of the docket, two dollars.

      For taking acknowledgments of deeds and other instruments, including certification, for the first name, one dollar; for each additional name, twenty-five cents.

      For celebrating marriage, and returning the certificate thereof to the county recorder, five dollars.

      For all services and proceedings in a criminal case, the same fees as are allowed in a civil action, but in no case shall there be a charge against the county exceeding the sum of fifteen dollars; provided, however, that in preliminary examinations, where the justice of the peace sits as a committing magistrate, he shall be allowed, as full compensation, in lieu of fees, the sum of five dollars per day; provided, further, that where a reporter is not employed, and the testimony is taken down by the justice in person, he shall be allowed in addition to his compensation per diem, for taking said testimony and certifying the same to the county clerk, twenty-five cents per folio; and provided, further, that where more than one preliminary examination is held by the magistrate on the same day, but one charge per diem only shall be made.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 173 (CHAPTER 94)κ

 

addition to his compensation per diem, for taking said testimony and certifying the same to the county clerk, twenty-five cents per folio; and provided, further, that where more than one preliminary examination is held by the magistrate on the same day, but one charge per diem only shall be made.

      An itemized report of all fees collected in civil cases by said justice of the peace shall be made to the board of county commissioners, on or before the fifth day of each month, and all claims for fees in criminal cases and for holding preliminary examinations shall be made, allowed, audited, and paid as are other claims against the county.

      Sec. 7.  The fees of coroners in Mineral County, State of Nevada, shall be as follows:

      For all services in summoning a jury of inquest, three dollars.

      For swearing a jury, fifty cents.

      For issuing a warrant of arrest, one dollar.

      For issuing a subpena to each witness, twenty-five cents.

      For swearing each witness, twenty-five cents.

      For taking down testimony, per folio, twenty-five cents.

      For certifying to the same, and to the verdict of the jury, and for sending same to the county clerk, twenty-five cents each.

      For each mile necessarily and actually traveled, in going to the presence of the dead body, or the scene of the inquisition, twenty-five cents.

      For each day necessarily employed in holding an inquest, five dollars.

      For attending and supervising burial, five dollars.

      For all services rendered by him while acting as sheriff, the same fees as are allowed to the sheriff for similar services.

      All of said fees shall be claimed, allowed, audited and paid as are other claims against the county.

      Sec. 8.  All fees collected by each of the aforesaid county and township officers of Mineral County, under the provisions of the foregoing act in their official and ex officio capacity, except justices of the peace and constables, shall be by them paid into the county treasury, on or before the first day of each month; provided, that deputy sheriffs acting as constables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury.

      Sec. 9.  An act entitled “An act to regulate fees and compensation and other services in the county of Mineral, State of Nevada,” approved March 15, 1915, and all other acts or parts of acts, in conflict with the provisions of this act, are hereby repealed.

      Sec. 10.  This act shall take effect from and after its passage and approval.

Fees of justices of the peace, Mineral County

 

 

 

 

 

 

 

Fees of coroners, Mineral County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain fees to go to county treasury

 

 

 

 

Repeal of former act

 

 

 

In effect

 

________

 

 


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κ1919 Statutes of Nevada, Page 174κ

CHAPTER 95

 

 

 

 

 

 

 

Reimbursing contributors to president’s house, University of Nevada

 

 

Reimbursement, how obtained

Chap. 95–An Act for the relief of certain persons.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, the sum of five thousand two hundred and eighty-five ($5,285) dollars, to be paid to the contributors or their heirs, executors, administrators, or assigns, to the fund for the construction of a house known as a president’s house upon the campus of the University of Nevada, as shown by the records of the board of regents of the University of Nevada.

      Sec. 2.  In order to obtain benefits of this act, each of said contributors, or their heirs, executors, or assigns, shall file his, her, or their claim with the state board of examiners for the amount contributed, exclusive of all interest, together with a release in a form to be prescribed by the said board of examiners, in full of the claim for principal of each of said contributions and of all interest thereon. Upon due examination, approval and allowance of each of said claims by the said board of examiners, they shall be allowed and paid out of the appropriation herein provided, as are other claims against the state.

 

________

 

CHAPTER 96

 

 

 

 

 

 

 

 

 

Fees and mileage of witnesses and jurors

 

Criminal cases

 

Civil cases

 

Mileage

Chap. 96–An Act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Witnesses required to attend in the courts of this state shall receive the following compensation:

      For attending in any criminal cases, or civil suit or proceeding before a court of record, referee or commissioner, or before the grand jury, in obedience to a subpena, four dollars for each day’s attendance, which shall include Sundays and holidays.

      For attending in a civil suit or proceeding before a justice of the peace, three dollars for each day’s attendance, which shall include Sundays and holidays.

      Mileage shall be allowed and paid at the rate of thirty cents a mile, one way only, for each mile necessarily and actually traveled by the shortest and most practical route; provided, however, that no person shall be obliged to testify in a civil action or proceeding, unless his mileage and fees for at least one day’s attendance shall have been tendered or paid him, or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action or proceeding, unless his mileage and at least one day’s fee shall have been paid him, if he demanded the same.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 175 (CHAPTER 96)κ

 

at least one day’s attendance shall have been tendered or paid him, or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action or proceeding, unless his mileage and at least one day’s fee shall have been paid him, if he demanded the same.

      Witness fees in civil cases shall be taxed as disbursement costs against the defeated party, upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.

      No per diem or mileage shall be allowed or paid to witnesses in criminal cases in justice courts; provided, however, in preliminary examinations, where witnesses are compelled to travel a greater distance than fifteen miles one way, they shall be paid thirty cents per mile one way only, necessarily traveled, and in addition be paid four dollars a day for each day that they are actually in attendance (which shall include Sundays and holidays), which said claim, when itemized in detail, shall be allowed, audited and paid as are other claims against the county; and provided further, that before any such claim shall be allowed, audited or paid as herein provided, the district attorney and magistrate shall certify thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate.

      Sec. 2.  Each person summoned to attend as a grand or trial juror, unless on or before the day he is summoned to attend he be excused by the court at his own request from serving, shall receive (except as hereinafter provided) four dollars per day for each day he may be in attendance, which shall include Sundays and holidays, and thirty cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only; provided, however, that where the mileage does not exceed one mile no allowance shall be made therefor.

      In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury; but in case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict, and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.

 

 

 

 

Taxed as costs

 

 

 

 

Justice courts

 

 

 

 

 

 

 

 

 

 

 

 

Grand and trial jurors

 

 

 

 

 

 

Per diem in advance, when


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 176 (CHAPTER 96)κ

 

 

 

 

 

No fees, when

 

 

 

 

 

 

 

Coroner’s juries

 

 

 

 

 

 

 

County clerk to keep pay-roll

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Repeal

jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.

      Jurors actually sworn and serving in civil cases or proceedings in justice courts shall receive three dollars per day as full compensation for each day of said service.

      No fees shall be allowed nor mileage paid trial jurors in criminal cases in justice courts.

      The fees paid jurors by the county clerk for services in a civil action or proceeding (which he has received from the party demanding the jury), shall be deducted from the total amount due them for attendance as such jurors, and the balance only shall be a charge against the county; provided, however, the fees for the first day’s attendance and each additional day to and including the day the jury is empaneled shall be a charge against and be paid by the county.

      Coroners’ jurors (with not more than three persons upon the jury) shall be entitled to receive for each day’s service two dollars and fifty cents, to be certified to the county clerk by the coroner, and audited, allowed and paid as are other claims against the county; provided, however, that when it is necessary for a coroner’s jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the said coroner.

      Sec. 3.  The county clerk in cases in the district court shall keep a pay-roll, enrolling thereon all names of witnesses in criminal cases and of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of said trial or term of court shall forthwith give a statement of the amounts due to such witnesses or jurors, after the same has been duly approved by the district judge, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; and provided, that in criminal cases, where witnesses are subpenaed from without the county, or who, being residents of another state, voluntarily appear as witnesses, at the request of the district attorney and the board of county commissioners of the county in which the court is held, they shall be allowed their actual and necessary traveling expenses incurred by them in going to and returning from the place where the court is held, and such sum per diem not exceeding four dollars as may be fixed by the district judge, who shall certify the same to the county clerk for entry upon the pay-roll hereinbefore required.

      Sec. 4.  All acts or parts of acts either general or special in conflict with the provisions of this act are hereby repealed.

 

________

 

 


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κ1919 Statutes of Nevada, Page 177κ

CHAPTER 97

Chap. 97–An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of April, 1919, the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services:

      Sec. 2.  The sheriff and ex officio license collector shall receive the sum of two thousand dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month, all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners; provided, that he shall be entitled to retain twenty per cent of all moneys collected by him from sheep licenses as his commission for collecting the same.

      Sec. 3.  The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio county treasurer shall receive the sum of twenty-four hundred dollars per annum.

      Sec. 4.  The county recorder and ex officio auditor shall receive the sum of two thousand dollars per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.

      Sec. 5.  The assessor shall receive the sum of two thousand dollars per annum.

      Sec. 6.  The district attorney shall receive a salary of fifteen hundred dollars per annum, and shall also be allowed his actual expenses when called from the county-seat and in the discharge of the official duties of district attorney.

      Sec. 7.  The above-named officers shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners of said county for such time and at such salary as the said board may specify.

      Sec. 8.  The county commissioners shall receive the sum of six hundred dollars per annum each.

 

 

 

 

 

 

 

 

 

Salaries of officers of Churchill County

 

Sheriff

 

 

 

 

 

 

 

 

County clerk

 

 

County recorder

 

 

 

 

 

 

Assessor

District attorney

 

 

Deputies

 

 

Commissioners


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κ1919 Statutes of Nevada, Page 178 (CHAPTER 97)κ

 

Salaries payable monthly

 

 

 

Repeal

      Sec. 9.  The salaries herein provided for shall be payable in twelve equal installments. The county auditor shall on the first Monday of each and every month draw his warrant on the salary fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the county treasurer shall pay said warrant out of said fund.

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

 

________

 

CHAPTER 98

 

 

 

 

 

 

 

 

 

 

 

 

 

License to dentists from other states without examination

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

Certificate to dentist removing to another state

Chap. 98–An Act supplemental to an act entitled “An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as ‘An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada,’ approved March 16, 1895,” approved March 16, 1905.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Issuing License to Dentists of Another State Without Examination.  The state board of dental examiners, created in the act to which this is supplemental, may, in its discretion, issue a license to practice dentistry or dental surgery without examination to a legal practitioner of dentistry or dental surgery, who removes to Nevada from another state or territory of the United States, or from a foreign country, in which he or she conducted a legal practice of dentistry or dental surgery for at least five years immediately preceding his or her removal; provided, such applicant present a certificate from the board of dental examiners or a like board of the state, territory or country from which he or she removes, certifying that he or she is a competent dentist or dental surgeon, and of good moral character; and provided further, that such certificate is presented to the Nevada board of dental examiners not more than six months after its date of issue, and that the board of such other state, territory or country shall, in like manner, recognize certificates issued by the board of dental examiners of the State of Nevada, presented to such other board by a legal practitioner of dentistry or dental surgery from this state, who may wish to remove to or practice in such other state, territory or country.

      Sec. 2.  Practitioner Removing to Another State-Certificate.  Any one who is a legal and competent practitioner of dentistry or dental surgery in the State of Nevada, and of good moral character and known to the board of dental examiners of this state as such, who desires to change his or her residence to another state, territory, or foreign country, shall, upon application to the board of dental examiners, receive a certificate over the signature of the president and secretary of said board, and bearing its seal, which shall attest the facts above mentioned and giving the date upon which he or she was registered and licensed.


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κ1919 Statutes of Nevada, Page 179 (CHAPTER 98)κ

 

examiners of this state as such, who desires to change his or her residence to another state, territory, or foreign country, shall, upon application to the board of dental examiners, receive a certificate over the signature of the president and secretary of said board, and bearing its seal, which shall attest the facts above mentioned and giving the date upon which he or she was registered and licensed.

      Sec. 3.  Fees for Such License or Certificate.  The fees for issuing a license to a legal practitioner from another state, territory, or foreign country to practice dentistry or dental surgery in this state shall be twenty-five ($25) dollars, and the fee for issuing a certificate to a legal practitioner of this state shall be five ($5) dollars, and in each case the fee shall be paid in cash before the license or certificate respectively shall be issued.

      Sec. 4.  Refusal or Revocation of License-Notice and Hearing-Dishonorable Conduct Defined.  The board may refuse to issue the license provided for in this act, or may revoke any license now in force or that may hereafter be given, when it is made to appear by a written statement under oath, or by the declaration or statement bearing the official signatures or seal of some recognized dental board, society or organization, duly lodged with the president or secretary of the Nevada state board, that such individual has, by false or fraudulent representations, obtained or sought to obtain practice, or by false or fraudulent representations obtained or sought to obtain money, or other things of value, or has practiced under a name or names other than his own, or for any other dishonorable conduct. When such charges have been duly filed or lodged with the president or secretary of the board, the same shall be considered by the board, and if, from the sworn statement or from the official declaration or statements of some recognized dental board, society or organization, it is made to appear that such charge or charges may be well founded in fact, then the board shall serve written notice on the person charged, if he be the holder of a license issued in this state, or an applicant for a license in this state, and shall therewith serve a copy of the charge or charges, together with the name or names of the person or persons or the board, society or organization making such, and the same shall be served on the person at least twenty (20) days before the date fixed for the hearing or examination. The person charged shall be given a full and fair trial by the board with the right to be heard and appear in person and by counsel. Any unsuccessful applicant failing to obtain license or in cases of refusal or revocation shall have the right of appeal to the courts, requiring said board to show cause why such applicant should not be permitted to practice dentistry in the State of Nevada, or why such license was refused or revoked. The words “dishonorable conduct” as used in this act are hereby declared to mean:

 

 

 

 

 

Fees

 

 

 

 

 

Licenses refused or revoked, when


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κ1919 Statutes of Nevada, Page 180 (CHAPTER 98)κ

 

“Dishonorable conduct” defined

 

 

 

 

“The Nevada State Dental Society”

      1.  Conviction of a felony or misdemeanor involving moral turpitude in which case the record of conviction or a certified copy thereof, certified by the clerk of the court, or the judge in whose court the conviction is had, shall be conclusive evidence.

      2.  Employing directly or indirectly, any student or any suspended or unlicensed dentist to perform operations of any kind in treating or correction of the teeth or jaws except as heretofore provided in this act.

      Sec. 5.  State Dental Society.  The dental society of the State of Nevada, to be designated as “The Nevada State Dental Society,” shall meet annually, or at such other time and at such place as may be determined on in the by-laws of the society, or by resolution at the preceding annual meeting. The society shall elect annually a president, vice-president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places, and may elect permanent members at any annual meeting from among any licensed dental practitioners within the state. The society may elect honorary members from any state not eligible to regular membership, who shall not be entitled to vote or hold any office in the society.

 

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CHAPTER 99

 

 

 

 

 

 

 

 

 

 

 

 

Authorizing bonds for courthouse and jail in Ormsby County

 

 

 

 

Site for said building

Chap. 99–An Act to authorize the board of county commissioners of Ormsby County to issue bonds for the purpose of creating a fund for the obtaining of a site or sites and the erection and furnishing of a courthouse and other county buildings, authorizing the issuance of bonds and the payment thereof, calling a special election in Ormsby County to ratify this act and other matters properly related thereto.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Ormsby County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, in conformity with the provisions of this act, for an amount not exceeding the sum of seventy-five thousand dollars, exclusive of interest, for the purpose of providing funds for the obtaining and improving of a suitable site or sites and the erection and furnishing of a courthouse and jail and necessary county building in Carson City, Ormsby County, Nevada.

      Sec. 2.  Said board shall obtain and improve a suitable site or sites for said building. The board is hereby vested with all authority and power necessary to obtain and acquire such site or sites by purchase or otherwise.

      Sec. 3.  Said board shall adopt plans and specifications for said building or buildings and advertise at least three weeks for bids for the construction of the same in some newspaper of general circulation published in said county and also in one newspaper published elsewhere in Nevada and of general circulation in the state; provided, that said commissioners may, if they deem it for the best interests of said county, erect and furnish said building or buildings or any part thereof without advertising for bids or letting any contract therefor; and provided further, the commissioners have the right to reject any and all bids submitted.


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κ1919 Statutes of Nevada, Page 181 (CHAPTER 99)κ

 

for said building or buildings and advertise at least three weeks for bids for the construction of the same in some newspaper of general circulation published in said county and also in one newspaper published elsewhere in Nevada and of general circulation in the state; provided, that said commissioners may, if they deem it for the best interests of said county, erect and furnish said building or buildings or any part thereof without advertising for bids or letting any contract therefor; and provided further, the commissioners have the right to reject any and all bids submitted.

      Sec. 4.  The board of county commissioners of Ormsby County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county after the first day of June, 1919, for the sum of $70,000, exclusive of interest, for the purpose of providing funds for the obtaining of a site or sites, and erection and furnishing of a courthouse and jail and the necessary county buildings in Carson City, in said county.

      Sec. 5.  Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bonds, and each of such coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer, or bear a printed facsimile of said signatures.

      Sec. 6.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 7.  The board of county commissioners of Ormsby County are hereby authorized and empowered to negotiate the sale of said bonds, and to sell the same by advertising for sealed proposals or by private sales, as they may deem for the best interest of the county; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 8.  Said bonds shall be each in the sum of five hundred dollars. They shall be numbered from one to one hundred and forty consecutively; and the interest on the same shall not exceed six per cent per annum, payable annually in each year, at the office of the county treasurer of said Ormsby County, and in no case shall any of said bonds run for a longer period than twenty-five years.

      Sec. 9.  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 Ormsby County are hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, including proceeds of mines, within the boundaries of said Ormsby County until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire seven of said bonds annually beginning with July 1, 1924.

Bids to be advertised for

 

 

 

 

 

Bonds, $70,000

 

 

 

 

Description of bonds

 

 

 

 

 

Clerk to keep record

 

 

Negotiation of bonds

 

 

 

 

Denomination of bonds; interest

 

 

 

“Courthouse and County Building Fund”


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 182 (CHAPTER 99)κ

 

 

 

 

 

 

 

Redemption of bonds

 

 

 

 

Tax ceases, when

 

 

 

Duties of county officers

 

 

 

 

Interest ceases, when

 

 

This act to be ratified or rejected by referendum election

such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire seven of said bonds annually beginning with July 1, 1924. 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 “Courthouse and County Building Bond Fund.”

      Sec. 10.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds annually, and to fully pay and retire seven of said bonds in 1924, beginning with the first number thereof and so on consecutively, and annually thereafter, until such bonds and the interest thereon are fully paid, canceled, and retired, to pay and retire seven of said bonds in such manner.

      Sec. 11.  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, be transferred to the general fund of said county.

      Sec. 12.  Whenever the county treasurer shall pay anything on 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 with the amount so paid.

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

      Sec. 14.  Provided, That this act shall not be deemed nor in full force and effect until ratified by a majority vote at a special election to be held in Ormsby County, Nevada, on the first Saturday of May, 1919. That at the said special election all persons residents of Nevada for six months and bona-fide residents of said county for a period of thirty days prior thereto shall be entitled to vote. That residents of the state and said county for a period of more than thirty days prior to said election and registered for the last general election shall be entitled to vote without other registration, and the county clerk shall prepare lists including such names, in accordance with law. That other persons residents of the state more than six months and of the county for a period of more than thirty days prior to such election shall be entitled to vote when registered as herein provided; and the county clerk shall open a supplemental registration list or book for such registration not more than twenty days prior to said election and keep the same open for registration up to and including five days before the date of said election.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 183 (CHAPTER 99)κ

 

to said election and keep the same open for registration up to and including five days before the date of said election. Registration lists shall be furnished the election boards by the county clerk, and persons not registered for the last general election in said county and who do not register on the supplemental register or list as herein provided shall not be entitled to vote at said election.

      At the said special election the ballot shall contain the words “For the Bonds, …….; Against the Bonds,…….”; or words equivalent thereto. If a majority of the votes cast are in favor of the bond issue, the board of county commissioners shall be authorized to issue the said bonds in conformity with this act to incur the expense, and to obtain the site or sites, improve the same and erect and furnish the buildings as herein provided. If a majority of said votes are not in favor of said bond issue, then and in that event the said bonds shall not be issued, the site or sites not purchased, nor the building or buildings erected or furnished.

      Notice of said election shall be given by publication in some newspaper or newspapers published in Ormsby County for at least ten days before the election. Notice of supplemental registration shall likewise be given. The laws of the state relating to elections shall otherwise be followed so far as applicable and practical in relation to said election including the appointment of the proper officials therefor, canvass of the vote and other matters and things relating thereto.

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

Registration for said election

 

 

 

Ballots

 

 

 

 

 

 

 

Notice of election published

 

 

 

 

Faith of state pledged

 

________

 

CHAPTER 100

Chap. 100–An Act to amend section one of an act entitled “An 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, and repealing a certain act.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of the above-entitled act is hereby amended so as to read 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 sidetracks, or hawkers, venders, peddlers and traveling manufacturers, except such as are engaged in the disposal of the products of the soil, poultry, eggs, live stock, honey or dairy products produced in Nevada, or in any other state where the vender is a bona-fide producer or grower, who shall be exempt from the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

“Traveling merchant” defined


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 184 (CHAPTER 100)κ

 

 

 

 

Repeal of certain act

engaged in the disposal of the products of the soil, poultry, eggs, live stock, honey or dairy products produced in Nevada, or in any other state where the vender is a bona-fide producer or grower, who shall be exempt from the provisions of this act.

      Sec. 2.  An act entitled “An act to amend section 123 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 as amended and approved March 13, 1913, approved March 8, 1915, is hereby repealed.

 

________

 

CHAPTER 101

 

 

 

 

 

 

 

 

 

 

Salary of county clerk of Washoe County

 

 

Deputies

Chap. 101–An Act to amend an act entitled “An act to amend section one of ‘An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts or parts of acts in conflict herewith,’ approved March 23, 1909,” approved March 25, 1911.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 1.  The county clerk of Washoe County, State of Nevada, shall receive a salary of three thousand dollars per annum, payable in equal monthly installments, in full payment for all official duties and services performed and rendered by him; and he is authorized to appoint one deputy who shall receive a salary of eighteen hundred dollars per annum, payable in equal monthly installments, and two deputies, each to receive fifteen hundred dollars per annum, payable in equal monthly installments. This act shall be effective from and after its passage and approval. All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 185κ

CHAPTER 102

Chap. 102–An Act providing for the granting of franchises by boards of county commissioners to persons, associations or corporations engaged in the business of supplying electric light, heat or power, within two or more counties of this state, who are desirous of extending such business into any other county or counties, and providing for increasing the term of any franchise heretofore granted to persons, associations or corporations engaged in the business of supplying electric light, heat or power within two or more counties, and prescribing the conditions for obtaining a franchise in any other county or counties, and for obtaining an extension of the term of any franchise heretofore granted and under which such persons, associations or corporations are now operating.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The boards of county commissioners of the different counties of this state are hereby authorized and empowered to grant, within their respective counties, to any person, association or corporation engaged in the business of supplying electric light, heat or power in two or more counties of this state, and who desires to extend such business into any other county or counties, the franchise, right and privilege to construct, install, operate and maintain electric-light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues, and other places in any unincorporated town or city, and along the public roads and highways of their respective counties when the applicant therefor shall comply with the terms and provisions of this act.

      Sec. 2.  Any person, association or corporation engaged in the business of supplying electric light, heat or power within two or more counties of this state, and who desires to extend such business into any other county or counties, may obtain a franchise to construct, install, operate and maintain electric-light, heat and power lines, and all necessary or proper appliances used in connection therewith, or appurtenant thereto, in or over the streets, alleys, avenues, and other places, in any unincorporated town or city, and along the public roads and highways, in any other county or counties, by filing with the board of county commissioners of the county or counties respectively within which such franchise is to be exercised an application, in writing, setting forth: First, the name of the applicant, the counties in which the applicant is operating, and the time for which such franchise is desired, not exceeding fifty years. Second, the places where such franchise, right or privilege is to be exercised in said county, and if such franchise is to be exercised, in whole or in part, within any unincorporated town or city in said county the applicant shall also file with such application a petition, in writing, signed by a majority of the resident taxpayers of said unincorporated town or city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners may grant franchises to certain utilities

 

 

 

 

 

 

 

Extension of business of public utilities into adjoining counties


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 186 (CHAPTER 102)κ

 

 

 

 

 

Duties of county commissioners

 

 

 

To grant franchise; limit, 50 years

 

 

 

 

 

 

Active construction to be begun promptly

 

 

 

 

 

 

Two per cent of net profits to go to county school fund

 

 

 

 

 

Poles, wires, etc., regulated

cised in said county, and if such franchise is to be exercised, in whole or in part, within any unincorporated town or city in said county the applicant shall also file with such application a petition, in writing, signed by a majority of the resident taxpayers of said unincorporated town or city.

      Sec. 3.  Upon receipt of said application for such franchise, the board of county commissioners of said county shall set the same for hearing at its next regular meeting thereafter, and shall cause such notice to be given of the filing of said application and of the time set for the hearing thereof as it may deem reasonable, and at said hearing objections to the granting of said franchise may be heard and considered.

      Sec. 4.  If upon the hearing of said application it appears to the satisfaction of the said board of county commissioners that the applicant is engaged in the business of furnishing electric light, heat or power within two or more counties of this state, and if such franchise is to be exercised, in whole or in part, within any unincorporated town or city in said county, that a majority of the resident taxpayers of said town or city have signed said petition and desire said franchise allowed, the board of county commissioners shall thereupon grant such franchise for a term not exceeding fifty years thereafter.

      Sec. 5.  The county commissioners shall, at the time of granting any franchise provided in section 4, require the applicant to enter into an undertaking to the county, in a sum to be determined by the board of county commissioners, with a surety or sureties approved by said board, conditioned that such applicant shall commence active construction of said electric-light, heat or power lines for which such franchise is granted within six months from the date of granting the same and prosecute the construction thereof to completion with due diligence; and failing to comply with the conditions of such undertaking the applicant shall forfeit all rights to said franchise.

      Sec. 6.  The grantee of any franchise secured under the provisions of this act shall, within thirty days after such franchise is granted, file with the county recorder of such county an agreement, properly executed by the grantee, to pay annually, on the first Monday of July of each year, to the county treasurer of said county, for the benefit of the school fund of said county, two per cent of the net profits made by such grantee in the operation of such electric-light, heat and power lines within said county, and no right or privilege shall be exercised under said franchise until said agreement is filed.

      Sec. 7.  All poles from which wires are suspended for electric-power, light or heating purposes within the boundaries of unincorporated towns or cities and over public highways shall be subject to such rules and regulations in constructing and maintaining the same as may be prescribed by the public service commission of the State of Nevada, and the persons or corporations operating such electric-light, heat or power lines shall provide a competent electrician, at the expense of said persons or corporations to cut, repair and replace wires in all cases where such cutting, repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 187 (CHAPTER 102)κ

 

by the public service commission of the State of Nevada, and the persons or corporations operating such electric-light, heat or power lines shall provide a competent electrician, at the expense of said persons or corporations to cut, repair and replace wires in all cases where such cutting, repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

      Sec. 8.  Any person, association or corporation engaged in the business of supplying electric light, heat or power within two or more counties of this state, and operating under franchises heretofore granted, may have the term of each of said franchises under which it is operating increased to not exceeding fifty years, including the unexpired portion of the term of such former franchise or franchises, by filing with the board of county commissioners of the counties respectively wherein such former franchise was granted, an application, in writing, setting forth: First, the name of the applicant, the county or counties within which said applicant is operating, the time when such former franchise was granted, the unexpired portion of the term thereof, and the time for which such franchise is to be extended, which, together with the unexpired term of said former franchise, shall not exceed fifty years.

      Sec. 9.  Upon the receipt of an application for the extension of the term of any franchise mentioned in section 8, the board of county commissioners of said county shall set said application for hearing at its next regular meeting thereafter, and cause such notice thereof to be given as it may deem reasonable, and at said hearing objections to extending the term of said franchise may be heard and considered.

      Sec. 10.  If upon the hearing of said application it appears to the satisfaction of the board of county commissioners that the applicant is engaged in the business of furnishing electric light, heat or power within two or more counties, including the county in which the application provided in section 8 is pending, the said board shall thereupon extend the term of the franchise under which the applicant is operating for not exceeding fifty years, including the unexpired portion of the term of such former franchise; provided, however, that the said applicant shall, within thirty days after such franchise extending the term of said former franchise is granted, file with the county recorder of such county an agreement, properly executed by the grantee, to pay annually, on the first Monday of July of each year, to the county treasurer of said county, for the benefit of the school fund of said county, two per cent of the net profits made by such grantee in the operation of its electric-light, heat and power lines within said county, and no extension of the term of said original franchise shall be effective in said county until such agreement shall be filed.

 

 

 

 

 

Franchises extended to 50 years, how

 

 

 

 

 

 

 

 

 

Hearings on applications for extension of franchises

 

 

Franchises extended; limit, 50 years

 

 

 

 

Proviso


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 188 (CHAPTER 102)κ

 

Formal franchise; fee for

      Sec. 11.  Upon the granting of a franchise, as provided in section 4, or the extension of the term of a franchise heretofore granted as provided in section 10, the county clerk shall issue to the grantee a formal franchise for the term so granted or extended by said county commissioners, and for which a charge of five dollars shall be made by said county clerk.

 

________

 

CHAPTER 103

 

 

 

 

 

 

 

 

 

Bonds, $80,000, for acquiring public utilities in Carlin, Elko County

 

 

 

Denomination of bonds; interest, redemption, etc.

 

 

 

 

 

 

 

 

 

 

Public service commission engineer to make estimate

Chap. 103–An Act authorizing the acquisition of certain public utilities for the town of Carlin, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Elko is authorized and directed to prepare, issue and sell negotiable coupon bonds of the town of Carlin in said county for an amount not exceeding $80,000 exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the town of Carlin, to wit, an electric-light and power system, a water system, and a sewerage system. Said bonds shall be named “Town of Carlin Public Utilities Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners acting as a town board and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than 20 years.

      Sec. 3.  The board of county commissioners of the county of Elko shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasonable cost of each of said proposed systems. After receiving such advice and estimate the board shall be guided by the provisions of an act entitled “An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto,” approved March 23, 1911, as it stands amended, except as otherwise provided in this act.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 189 (CHAPTER 103)κ

 

by construction, purchase or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto,” approved March 23, 1911, as it stands amended, except as otherwise provided in this act.

      Sec. 4.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners acting as a town board shall proceed at once to execute and issue them as rapidly as needed.

      Sec. 5.  The board of county commissioners, acting as aforesaid, is hereby authorized to negotiate the sale of said bonds or such number thereof as they may deem necessary to the highest and best bidder, giving preference to the State of Nevada, or by private sales as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 6.  The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the “Town of Carlin Public Utilities Fund,” and who shall pay out the same for the acquisition, installment, management and control of any system acquired under the provisions of this act, in all respects required for such payments by the board of county commissioners acting as a town board; which said light and power system shall cost not exceeding $45,000, said water system not exceeding $20,000, and said sewerage system not exceeding $15,000, and the moneys derived from the sale of said bonds shall be apportioned accordingly therefor. All moneys acquired for service or the sale of service from said systems, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the “Town of Carlin Public Utilities Fund,” created as aforesaid, for use as such fund may be required to be used, and at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the town of Carlin public utilities bond interest and redemption fund.

      Sec. 7.  To provide for the payment of the said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Carlin, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, eight of said bonds annually, beginning with the first Monday in July, 1920, until all of said bonds have been redeemed and retired.

 

 

 

 

 

 

Majority vote necessary

 

 

County commissioners to negotiate bonds

 

 

 

“Town of Carlin Public Utilities Fund”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax on Carlin town property


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 190 (CHAPTER 103)κ

 

 

 

 

 

 

 

 

Tax ceases, when

 

 

 

 

 

 

Interest ceases, when

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

Existing law to apply

 

 

 

Commissioners to act promptly

annually, beginning with the first Monday in July, 1920, 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 “Town of Carlin Public Utilities Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Carlin.

      Sec. 8.  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 interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Carlin public utilities fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 9.  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. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

      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.

      Sec. 10.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service and all other provisions not expressly superseded by this act shall apply to the acquisition, management and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may and the bonds shall be prepared not later than June 1, 1919. The systems herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain.

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 191κ

CHAPTER 104

Chap. 104–An Act concerning county officers in the county of Lyon, State of Nevada; fixing the salaries and compensation of said officers; regulating the appointment of deputies and the compensation thereof; requiring the officers of said county to make reports of all fees collected by them to the board of county commissioners of Lyon County; consolidating certain offices in said county; and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of January, A. D. nineteen hundred and twenty-one, the following-named officers of Lyon County, Nevada, shall be and are hereby consolidated, and shall receive the following compensation hereinafter named:

      The sheriff shall be ex officio county assessor; the clerk shall be ex officio county treasurer; the recorder shall be ex officio county auditor.

      Sec. 2.  The sheriff, for services as sheriff, ex officio license collector and assessor, shall receive an annual salary of three thousand dollars, payable in twelve equal installments, at the end of each calendar month.

      He shall pay into the county treasury each month all moneys collected by him as such sheriff, and at the same time shall prepare and file with the county commissioners a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity as such sheriff, ex officio license collector and ex officio assessor and bullion tax collector during the month previous.

      Said salary shall be in full compensation for all services performed by him as such sheriff, license collector, assessor and bullion tax collector within and for said Lyon County.

      Said sheriff shall have authority to appoint a deputy, who shall act as deputy assessor and undersheriff of said county, and who shall receive a salary of eighteen hundred dollars per annum, payable in equal monthly installments.

      Said sheriff may, if the public needs of the county require and when authorized and directed by the board of county commissioners, appoint one or more additional deputy sheriffs and assessors for said county, whose appointment shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but in no case shall the same exceed the sum of one hundred twenty-five dollars per month.

      Sec. 3.  The county clerk as ex officio county treasurer shall receive an annual salary of two thousand one hundred sixty dollars per annum, which shall be in full compensation for all services, both as county clerk and ex officio treasurer.

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Lyon County

 

 

 

Sheriff

 

 

To pay over fees

 

 

 

 

Full payment

 

 

Deputy

 

 

Additional deputies, when

 

 

 

 

Clerk


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 192 (CHAPTER 104)κ

 

 

 

To pay over fees

 

 

 

 

Deputy

 

Additional deputies, when

 

 

 

County recorder

 

 

 

Deputy

 

 

A fees paid to county

 

 

 

 

Additional deputies, when

 

 

 

County commissioners

 

 

 

When in effect

sixty dollars per annum, which shall be in full compensation for all services, both as county clerk and ex officio treasurer.

      He shall make no charge for services performed for the county or state, but all fees authorized by law and collected by him shall be turned into the county treasury. He shall furnish the board of county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees collected and date of entry on the books of his office.

      The said county clerk shall have authority to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve monthly installments.

      The said county clerk shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of said county, by an order duly made and entered upon its minutes, to appoint one or more additional deputies at a salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure of said board.

      Sec. 4.  The county recorder as ex officio auditor shall receive an annual salary of two thousand dollars per annum, payable in twelve monthly installments, which shall be in full compensation for all services rendered as recorder and ex officio auditor.

      He shall have authority, by and with the consent of the board of county commissioners by an order duly entered on its minutes, to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve equal monthly installments.

      He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury of said county. He shall furnish the county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees so collected and date of entry on his books.

      The said county recorder shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of said county, by an order duly entered in its minutes, to appoint one or more additional deputies at a salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      Sec. 5.  The county commissioners shall receive a salary of nine hundred dollars, payable in twelve equal monthly installments, which shall be in full compensation for all services rendered; provided, this section shall be in effect from and after April 1, 1919.

      Sec. 6.  Sections 1, 2, 3, and 4 of this act shall take effect from and after the first Monday in January, A. D. nineteen hundred and twenty-two; section 5 shall take effect from and after April 1, 1919.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 193 (CHAPTER 104)κ

 

      Sec. 7.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Repeal

 

________

 

CHAPTER 105

Chap. 105–An Act to provide for appointment of a commission to investigate the feasibility of the construction and equipment of a cement plant and state smelter for the State of Nevada; making an appropriation for the expenses of said commission and providing for the issuance of certain bonds.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The governor of the State of Nevada is hereby authorized and empowered to appoint a commission of three (3) persons and fix their compensation to investigate the feasibility of the construction and equipment for the State of Nevada of a cement plant for the production of cement and also the feasibility of establishing a state smelter.

      Sec. 2.  For the expenses of said commission, the sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated.

      Sec. 3.  The state board of examiners is hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada, in the sum of one hundred thousand ($100,000) dollars, the proceeds from the sale of which bonds are hereby appropriated for the purpose of constructing and equipping such cement plant, should said commission hereby created decide that the same is feasible. Said bonds shall be in denominations of one thousand ($1,000) dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be payable within fifteen (15) years from the date of issuance.

      Sec. 4.  There shall be annually levied an ad valorem tax of one-half of one cent on each one hundred dollars of taxable property in the State of Nevada, including net proceeds of mines, and all moneys derived therefrom shall be paid into the cement mill building bond and interest redemption fund, which is hereby created and which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act.

      Sec. 5.  The moneys derived from the sale of said bonds shall be placed in a special fund in the state treasury, to be known as cement mill construction and equipment fund, and shall be used solely for the purpose of constructing and equipping a cement mill for the State of Nevada, should the commission herein appointed decide so to do.

 

 

 

 

 

 

 

 

 

 

Commission to investigate feasibility of state cement plant and state smelter

 

Appropriation, $5,000

 

 

If reported feasible, state board of examiners to issue bonds; $100,000

 

 

 

 

 

 

 

 

State tax for bonds

 

 

 

 

 

Cement mill construction and equipment fund


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 194 (CHAPTER 105)κ

 

 

 

Commission to expend moneys

 

 

 

 

 

 

To determine character of plant

 

Commission to report to 1921 legislature

shall be used solely for the purpose of constructing and equipping a cement mill for the State of Nevada, should the commission herein appointed decide so to do.

      Sec. 6.  The said commission is hereby authorized and directed to use the moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, purchase of machinery and purchase of a site for a cement mill plant, should the said board decide that the construction and equipment of such a plant is feasible, desirable, and necessary, and any balance remaining in said fund after the completion, equipment, purchase of machinery and site shall be turned over and converted into a fund for running and maintaining said plant.

      Sec. 7.  The said commission shall determine as to the character of said plant, the materials to be used therefor, and the plans thereof. All demands and bills contracted by said commission for such plant shall be paid in the manner now provided by law.

      Sec. 8.  The said commission shall make a report of its findings and expenses to the thirtieth session of the state legislature.

 

________

 

CHAPTER 106

 

 

 

 

 

 

 

 

 

New building for hospital for mental diseases; bonds, $190,000

 

 

 

Interest 5% per annum

 

 

Bonds delivered to certain funds

Chap. 106–An Act to provide for the erection and equipment of a new building for the Nevada hospital for mental diseases, and providing a bond issue for that purpose.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The governor, state controller and state treasurer are hereby constituted a commission, and are hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of one hundred and ninety thousand dollars ($190,000). Said bonds shall be in denominations of one thousand dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per centum per annum, payable semiannually, and shall be payable within twenty years from the date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds, the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. If there shall not be money available in the funds above mentioned, said bonds may be sold at public or private sale.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 195 (CHAPTER 106)κ

 

shall not be money available in the funds above mentioned, said bonds may be sold at public or private sale. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as “Nevada Hospital for Mental Diseases Building Fund.” At least four of said bonds of one thousand dollars each shall be redeemed each year, commencing July 1, 1920, and annually thereafter on the same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of seven-tenths of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the Nevada hospital for mental diseases building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus.

      Sec. 4.  The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to erect a new building upon the property belonging to said Nevada hospital for mental diseases, upon such site as they may select, and to provide for the heating, lighting and equipping of said building. The cost of said building, and the construction thereof, together with the heating and lighting system and all equipment thereof, shall not exceed the sum of one hundred and ninety thousand dollars. Said board, on or before the first day of……………, may employ a competent architect to prepare and submit plans and specifications to said board for the construction work and heating and lighting system herein provided for, and when said plans and specifications are approved by the board, said board shall advertise for a period of six weeks for sealed bids for the construction of said building and the heating and lighting system in accordance with the specifications, which shall be on file, subject to inspection. Said board shall let the contract for the construction of said building and the heating and lighting system thereof to the lowest responsible bidder; provided, that any and all bids may, for sufficient reason, be rejected.

      Sec. 5.  The board of commissioners of the Nevada hospital for mental diseases shall provide in all contracts for time and amounts of payments thereon, as the work progresses, a reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by said board. Good and sufficient bonds to protect the state shall be required from the contractors. All bills for employment of architect and for the erection and heating and lighting system of said building and equipment thereof shall be paid out of the Nevada hospital for mental diseases building fund, herein provided for in section 2,

 

 

 

 

 

 

Annual state tax

 

 

 

 

 

 

 

 

Commissioners to erect new building

 

 

 

 

 

 

 

 

Bids advertised

 

 

 

 

Time and amounts of payments on contract


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 196 (CHAPTER 106)κ

 

 

ing system of said building and equipment thereof shall be paid out of the Nevada hospital for mental diseases building fund, herein provided for in section 2, upon bills approved by the board of commissioners of the Nevada hospital for mental diseases, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

 

________

 

CHAPTER 107

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Private corporation may sell surplus light, heat, power, or water on authority from public service commission

 

 

 

 

 

 

Said corporations not to become public utilities

Chap. 107–An Act to amend an act entitled “An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, 322.

 

[Approved March 28, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto a section, to be known as section 3a, as follows:

      Section 3a.  Whenever any person, company, corporation or association which is not engaged in business as a public utility as defined by this act, and which does not furnish, sell, produce or deliver to others, light, heat, power or water, under a franchise received from the state or from any county or municipality within the state, shall be able from any surplus beyond the needs or requirements of its own business, and shall desire to sell, produce, furnish and deliver to any other person, company, association or corporation, any light, heat, power or water, such person, company, association or corporation, shall apply to the public service commission for authority to sell, produce, furnish or deliver any such surplus light, heat, power or water and shall submit to the commission the proposed contract by which such light, heat, power or water is to be sold, furnished, produced or delivered.

      The commission shall thereupon ascertain whether it is advisable in the public interest that such contract be executed and, if the commission shall approve such contract, then such person, company, corporation or association shall have the right to furnish, sell, produce and deliver such light, heat, power or water in accordance with the terms of such contract, and shall not thereby become a public utility within the meaning of this act, nor shall it be subject to the jurisdiction of the commission.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 197 (CHAPTER 107)κ

 

light, heat, power or water in accordance with the terms of such contract, and shall not thereby become a public utility within the meaning of this act, nor shall it be subject to the jurisdiction of the commission.

 

 

________

 

CHAPTER 108

Chap. 108–An Act creating the office of state engineer; making provision for conducting same and repealing sections 10 and 13 of the water law of Nevada which is fully identified by title in this act.

 

[Approved March 28, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The office of the state engineer is hereby created. The state engineer shall be appointed by the governor and shall receive a salary of $4,000 per annum, payable in equal monthly installments as other state officers are paid. He shall keep his office at the state capitol. No person shall be appointed as state engineer who does not have such training in hydraulic and general engineering, and such practical skill and experience as shall fit him for the position. He shall hold office for the term of four years from and after his appointment, or until his successor shall have been appointed. The governor may at any time for cause remove said state engineer. His successor shall in all cases have the qualifications as hereinbefore provided.

      Sec. 2.  The state engineer shall perform such duties as are or may be prescribed by law. He may employ an assistant engineer at a salary of $3,600 per annum, payable in equal monthly installments as state officers are paid. He may, upon the approval of the board of examiners first had and obtained, employ such other assistants at such salary or compensation as may be necessary and such assistants shall, where practicable, be paid monthly as state officers are paid, but otherwise they shall be paid by the state treasurer on warrants drawn by the state controller on the certificate of the state engineer.

      The state engineer may purchase such material and incur such expenses for traveling and other purposes as may be necessary for the proper conduct and maintenance of his department to be paid for from the moneys which may be appropriated for such purposes from time to time, as other state claims are paid.

      Sec. 3.  Sections 10 and 13 of that certain act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation;

 

 

 

 

 

 

 

 

 

State engineer; salary, $4,000

 

 

 

 

 

 

 

Duties of state engineer

 

 

 

Assistant; salary, $3,600

 

 

Expenses of state engineer

 

 

Certain sections of former act repealed


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 198 (CHAPTER 108)κ

 

Certain sections of former act repealed

their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office and other matters relating thereto,’ approved February 20, 1909,” approved March 22, 1913, are hereby repealed.

 

________

 

CHAPTER 109

 

 

 

 

 

 

 

 

 

Public service commission created

 

Composition of commission

Public service board

 

 

Terms of commissioners

Chap. 109–An Act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto.

 

[Approved March 28, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The public service commission is hereby created whose duty it shall be to supervise and regulate the operation and maintenance of public utilities, as hereinafter named and defined, in conformity with the provisions of this act.

      Sec. 2.  The public service commission shall consist of three commissioners, one of whom shall be the state engineer who shall be ex officio commissioner of said commission; the other two commissioners shall be appointed by the public service board which is hereby created to consist of the governor, lieutenant-governor and attorney-general; the terms of the appointive commissioners shall commence on the first Monday in April, 1919; the term of one appointee shall expire on the first Monday in April, 1922, and the term of the second appointee shall expire on the first Monday in April, 1923.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 199 (CHAPTER 109)κ

 

the second appointee shall expire on the first Monday in April, 1923. Upon the expiration of the terms of said appointive commissioners, their respective successors shall be appointed to hold office for a term of four years after the date of the appointment and until their respective successors are appointed. One of said commissioners shall be generally familiar with the operation of railroads; the third commissioner shall have a general knowledge of fares and freights and tolls and charges levied and collected by public utilities as defined in this act. The commissioners appointed under this act shall, within twenty (20) days after their appointment and qualification, meet at the state capitol and organize and elect one of their number chairman, who shall serve until the second Monday in April, 1921. On the second Monday in April of each odd-numbered year thereafter, the commissioners shall meet at the office of the commission and elect a chairman, who shall serve for two years and until his successor is elected.

      The majority of said commissioners shall have full power to act in all matters within their jurisdiction. In the event that two commissioners are disqualified or in the event of two vacancies within the commission, the remaining commissioner shall exercise all the power of the commission. Not more than a majority of all of the commissioners shall be members of the same political party.

      Sec. 3.  The public service board shall have the power to remove any commissioner for inefficiency, neglect of duty, or malfeasance in office. Such removal shall be upon public hearing after ten days notice and the service upon the commissioner of a copy of the charges. The record of any such proceedings shall be filed with the secretary of state if such a commissioner be removed.

      No commissioner shall be pecuniarily interested in any public utility in this state or elsewhere.

      Sec. 4.  One of the appointive members of the commission shall give his entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit, and no commissioner shall be a member of any political convention or a member of any committee of any political party.

      Before the entering upon the duties of his office, each commissioner shall subscribe to the constitutional oath of office, and shall in addition swear that he is not pecuniarily interested in any public utility in this state as defined herein; said oath of office shall be filed in the office of the secretary of state.

      Sec. 5.  The appointive commissioner who shall devote his entire time to the business of the commission shall receive a salary of four thousand ($4,000) dollars per annum; the other appointive commissioner shall receive a salary of twenty-five hundred ($2,500) dollars per annum, and the ex officio member of the commission shall receive a salary of one thousand ($1,000) dollars per annum; all of said salaries shall be paid as other state officers are paid.

 

 

 

 

Qualifications of commissioners

 

 

 

 

 

 

 

Minority of commission may act, when

 

 

 

Removal of commissioners

 

 

 

Not to have pecuniary interest

One member to give entire time

 

 

Oath of office

 

 

 

Salaries


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 200 (CHAPTER 109)κ

 

 

Secretary

 

 

 

 

 

Name

 

Seal

 

 

 

Office at Carson City

 

 

 

Rules

 

“Public utility” defined

 

 

 

 

 

 

Certain automobiles included

ex officio member of the commission shall receive a salary of one thousand ($1,000) dollars per annum; all of said salaries shall be paid as other state officers are paid. Said commission shall appoint a secretary who shall be an expert rate man and who shall receive a salary of three thousand ($3,000) dollars per annum; the commission may employ such other clerks, experts or engineers as may be necessary, and shall fix their compensation; provided, that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.

      Sec. 6.  The commission shall be known as “Public Service Commission of Nevada,” and in that name may sue and be sued.

      Said commission shall have a seal upon which shall be the words “Public Service Commission of Nevada,” by which it shall authenticate its proceedings and orders, and all papers made under such seal shall be admitted in evidence without further authenticity or proof.

      The commission shall keep its office at Carson City, Nevada, in rooms provided by the state board of capitol commissioners. The commission may hold sessions or hearings at its office or at such other place or places as the convenience of the commission, or of the parties, require.

      The commission shall have the power to adopt and publish rules for the orderly conduct of proceedings before it.

      Sec. 7.  The term “Public Utility,” as used herein, shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise; also any company or individual or association of individuals owning or operating automobiles, auto trucks, or other self-propelled vehicles, engaged in transporting persons or property for hire over and along the highways of this state as common carriers; also express companies, telegraph and telephone companies, and all companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon the owner or operator of said automobiles, auto trucks, or other self-propelled vehicles, transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads; provided, however, that automobiles used exclusively as hearses or ambulances operated within the limits of cities and towns, and other automobiles which have no specified routes of travel and which are not operated as common carriers, shall not be construed as being under the jurisdiction of the commission within the meaning hereof.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 201 (CHAPTER 109)κ

 

this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads; provided, however, that automobiles used exclusively as hearses or ambulances operated within the limits of cities and towns, and other automobiles which have no specified routes of travel and which are not operated as common carriers, shall not be construed as being under the jurisdiction of the commission within the meaning hereof. “Public Utility” shall also embrace every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may own, operate or control any plant or equipment, or any part of a plant or equipment within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service whether within the limits of municipalities, towns, or villages, or elsewhere; and the public service commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

      (a) The provisions of this act and the term “Public Utility” shall apply to the transportation of passengers and property and the transmission of messages between points within the state, and to the receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies, and to all associations of persons, whether incorporated or otherwise, that shall do any business as common carriers upon or over any line of railroad or any public highway within this state, and to any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water.

      Sec. 8.  The commission may, in its discretion, investigate and ascertain the value of all property of every public utility as defined in this act, actually used and useful for the convenience of the public. In making such investigation the commission may avail themselves of all information contained in the assessment rolls of the various counties and the public records and files of all state departments, offices and commissions and any other information obtainable.

      Sec. 9.  Every public utility, as herein defined, is hereby required to furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith, or incidental thereto, shall be just and reasonable, and every unjust and unreasonable charge for service of public utilities is prohibited and declared to be unlawful.

 

 

Exception

 

 

 

 

Embraces all corporations furnishing public service

 

 

 

 

 

 

 

 

Further application of term “Public utilities”

 

 

 

 

 

 

 

 

 

Commission may investigate values, etc.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 202 (CHAPTER 109)κ

 

Charges for public service regulated

 

 

Public utilities to report to commission

 

 

 

 

 

 

 

Commission or its representative may examine books, etc., of any public utility

 

 

 

Penalty for refusal to permit examination

 

 

 

 

 

 

 

 

Biennial report of commission

required to furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith, or incidental thereto, shall be just and reasonable, and every unjust and unreasonable charge for service of public utilities is prohibited and declared to be unlawful.

      Sec. 10.  Every public utility, as defined in this act, shall keep and render to the commission in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted and shall furnish such commission with an annual report in such form and detail as shall be prescribed by the commission; the accounts of every public utility as herein defined shall be closed annually on the first day of January and the reports herein required shall be filed not later than March 15, following; the commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.

      Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes, and papers of any public utility for the purpose of determining their correctness and whether they are being kept in accordance with the rules and regulations and form prescribed by the commission; provided, where any such public utility is required by the United States government to keep accounts in a specified manner, such system shall be followed, also the fiscal years as fixed by the government.

      Sec. 11.  Any agent or person in charge of the books, accounts, records, minutes or papers of any public utility who shall refuse or fail for a period of thirty days to furnish the commission with any report required by it or who shall fail or refuse to permit any commissioner or other person authorized by the commission to inspect such books, accounts, records, minutes, or papers on behalf of the commission shall be liable to a penalty in a sum of not less than three hundred ($300) dollars nor more than five hundred ($500) dollars, such penalty to be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction; and each day’s refusal or failure shall be deemed a separate offense, and be subject to the penalty herein prescribed.

      Sec. 12.  The commission shall make and publish biennial reports showing its proceedings. All such reports and all records, proceedings, papers and files of said commission shall be open at all reasonable times to the public; provided, however, that the commission, when it is necessary to the public interest, may withhold any facts or information in its possession for a period not to exceed ninety days.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 203 (CHAPTER 109)κ

 

      Sec. 13.  The commission may, when necessary, ascertain and prescribe for each kind of public utility adequate, convenient and serviceable standards for the measurement of quality, pressure, voltage or other conditions pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for the examination and testing of such products or service and for the measurement thereof. Any consumer, user or party served may have the quality or quantity of the product or the character of any service rendered by any public utility tested upon the payment of fees fixed by the commission, which fees, however, shall be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require; provided, that in cities of more than ten thousand population nothing contained in this act shall direct or permit the installation or the use of mechanical water meters or similar mechanical devices to measure the quantity of water served or delivered to water users.

      The commission may, in its discretion, purchase such materials, apparatus, and standard measuring instruments for such examination and tests as it may deem necessary. The commission shall have the right and power to enter upon any premises occupied by any public utility for the purpose of making the examination and tests provided for in this act and set up and use on such premises any necessary apparatus and appliances and occupy reasonable space therefor. Any public utility refusing to allow such examination to be made as herein provided shall be subject to the penalties prescribed in section 11 of this act.

      The public service commission of Nevada is authorized and directed to prescribe the standards for the maintenance, use and operation of electric poles, wires, cables and appliances of all public utilities within the state engaged in the business of furnishing electric power, light and energy.

      Sec. 14.  Every public utility shall file with the commission within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it. In connection with such schedule, and as a part of it, shall also be filed all rules and regulations that in any manner affect the rates charged or to be charged for any service or product. A copy, or so much of said schedule as the commission shall deem necessary for the use of the public shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.

Commission to prescribe standards for measurement of quantity, quality, etc.

 

 

 

 

 

 

 

 

Water meters barred in cities of 10,000 or over

 

 

Right of entry to premises

 

 

 

 

 

 

Standards for electric utilities

 

 

Schedules of rates and charges to be filed with commission


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 204 (CHAPTER 109)κ

 

Schedules printed and posted

 

 

 

 

 

Changes, how made

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

 

 

When schedules suspended; limit, 30 days

 

 

 

 

 

Proviso

of the public shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected. When a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedule shall, in like manner, be printed and filed with the commission, and so much thereof as the commission may deem necessary for the use of the public shall be posted conspicuously in every station or office as in this section above provided. No changes shall thereafter be made in any schedule, including schedules of joint rates or in the rules and regulations affecting any and all rates or charges except upon thirty days’ notice to the commission and all such changes shall be plainly indicated, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the commission, upon application of any public utility, may prescribe a less time within which a reduction may be made. Copies of all new or amended schedules shall be filed, and posted in the stations and offices of public utilities as in the case of original schedules; provided, whenever there shall be filed with the commission any schedule stating a new individual or joint rate, fare, or charge, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, but upon reasonable notice, to enter upon hearing concerning the propriety of such rate, fare, charge, classification, regulation, or practice; and pending such hearing and the decision thereon, the commission, upon delivering to the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than thirty days beyond the time when such rate, fare, charge, classification, regulation, or practice would otherwise go into effect; and after full hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation or practice has become effective; provided, that if any such hearing cannot be concluded within the period of suspension as above stated, the commission may, in its discretion, extend the time of suspension a further period of not to exceed thirty days. In all cases where such order of suspension shall have been made, the commission shall give to the hearing and decision of the question involved preference over all other questions pending before it, and decide the same as speedily as possible.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 205 (CHAPTER 109)κ

 

to the hearing and decision of the question involved preference over all other questions pending before it, and decide the same as speedily as possible.

      Sec. 15.  It shall be unlawful for any public utility to charge, demand, collect or receive a greater or less compensation for any service performed by it within the state or for any service in connection therewith than is specified in such printed schedules, including schedule of joint rates, as may at the time be in force, or to demand, collect or receive any rate, toll, or charge not specified in such schedules. The rates, tolls, and charges, named therein shall be the lawful rates, tolls, and charges until the same are changed as provided in this act. It shall likewise be unlawful for any public utility to grant any rebate, concession, or special privilege to any consumer or user, which directly or indirectly shall or may have the effect of changing the rates, tolls, charges, or payments, and any violation of the provisions of this section shall subject the violator to the penalty prescribed in section 11 of this act. This, however, shall not have the effect of suspending, rescinding, invalidating, or in any way affecting contracts existing on March 23, 1911.

      Sec. 16.  Nothing in this act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open to all shippers of a like kind of traffic under similar circumstances and conditions, and shall be subject to the provisions of this act as to the printing and filing of the same; provided, all such rates shall be under the supervision and regulation of the commission.

      Sec. 17.  The commission shall have full power to prescribe classifications of the service of all public utilities, and fix and regulate the rates therefor; to fix just and reasonable charges for transportation of all intrastate freight and passengers, sleeping-car accommodations and all matter carried by express companies within the state, for the transportation of messages by telegraph companies, and the rates and tolls for the use of telephone lines within the state. The commission shall have the power to make just and reasonable regulations for the apportionment of all joint rates and charges between public utilities as in this act defined.

      Sec. 18.  The commission shall have power, in the interest of safety or service, after hearing to determine and order required and necessary repairs, reinforcements or reconstruction of property, lines, equipment, appliances, buildings, tracks and all property used or useful in the service; to order the use of safety appliances in the interest of employees and the public, and to make and enforce any rule or regulation necessarily incident thereto; the commission shall have the power to require each automobile common carrier, subject to the provisions hereof, to file and keep in force with the commission an indemnity bond approved by the commission in an amount not less than five hundred ($500) dollars nor more than ten thousand ($10,000) dollars for the purpose of reimbursing passengers or shippers for loss or damage or personal injuries caused by the neglect of any automobile common carrier, its owner, operator, agent or employee.

 

 

Printed schedules to govern

 

 

 

 

Rebates, etc., prohibited

 

 

 

Prior contracts not invalidated

 

Special contract rates legal when not discriminatory

 

 

 

Powers of commission; railroads, telephone, telegraph

 

 

 

 

 

May order improvements in interest of public safety

 

 

 

Automobile common carriers to file bond


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κ1919 Statutes of Nevada, Page 206 (CHAPTER 109)κ

 

 

 

 

 

To regulate railway crossings, etc.

 

 

Cooperation with state highway department

 

 

 

 

 

 

 

 

 

 

Costs, how proportioned

 

 

Transfer of cars

 

 

 

Long-and-short-haul-regulation

 

 

Passes, rebates, etc., prohibited

approved by the commission in an amount not less than five hundred ($500) dollars nor more than ten thousand ($10,000) dollars for the purpose of reimbursing passengers or shippers for loss or damage or personal injuries caused by the neglect of any automobile common carrier, its owner, operator, agent or employee.

      The commission shall have the power to regulate the manner in which the tracks of any street, steam or electric railroad or other common carrier crosses the tracks of any other railway or common carrier, and prescribe such regulations and safety devices as may be necessary for the protection of the public and the prevention of accidents.

      Sec. 18a.  After hearing and investigation of a formal complaint or complaints by the state highway department or the county commissioners of any county, or the town board or council of any town or municipality, or by any railroad company, the commission shall have the power to determine and order for the safety of the traveling public, the elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface; changes in the method of crossing at grade, or above or below grade; the closing of a crossing and the substitution of another therefor; the removal of obstructions to the public view in approaching such crossing or crossings; and such other details of construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective; and in this behalf, the commission is hereby authorized and empowered to determine and order that the cost of such elimination, removal, change, alteration or betterment as may be ordered shall be divided and paid in such proportion by the state, county, town or municipality and the railroad or railroads interested as shall be designated by the commission.

      Sec. 19.  It shall be the duty of all railroad corporations, whose tracks connect, reciprocally to transfer cars from one railroad to the other upon demand of shippers or of the railroad concerned, at just and reasonable charges to be fixed by the commission.

      Sec. 20.  Nothing in this act shall be construed to allow any railroad to charge more for a shorter than for a longer haul, either for passengers or freight, when the shorter haul is included within the longer, or to authorize the commission to allow such charge to be made.

      Sec. 21.  It shall be unlawful for any person, firm or corporation engaged in business as a common carrier to give or furnish any state, district, county or municipal officer of this state, or to any other person, other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any frank, pass, free or reduced transportation; provided, however, that nothing herein shall prevent the carriage, storage or hauling of freight free or at reduced rates for the United States, the state or any political subdivision thereof, or for charitable purposes or for fairs and expositions, or household goods and supplies, the property of employees, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination.


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κ1919 Statutes of Nevada, Page 207 (CHAPTER 109)κ

 

nothing herein shall prevent the carriage, storage or hauling of freight free or at reduced rates for the United States, the state or any political subdivision thereof, or for charitable purposes or for fairs and expositions, or household goods and supplies, the property of employees, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination. This act shall not be construed as preventing railroads from giving free transportation or reduced rates to ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., constables, college professors, school teachers, students of institutions of learning, disabled or homeless persons, railroad officers, attorneys, directors, or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona-fide ex-employees in search of employment, or to prevent the exchange of passes with officers, attorneys or employees of other railroads, telegraph or express companies, and members of their families.

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

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

      Sec. 22.  It shall be the duty of every railroad to provide and maintain adequate depots and depot buildings at its regular stations and establish new stations wherever required, for the accommodation of passengers, and said depot building shall be kept clean, well lighted and warm for the comfort and accommodation of the traveling public. All railroads shall keep and maintain adequate and suitable freight depots, wherever needed, buildings, switches and sidetracks for the receiving, handling and delivering of freight transported or to be transported by such railroad.

      Sec. 23.  Every railroad shall, when within its power to do so, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor in proportion to their respective immediate requirements without discrimination between shippers or competitive or noncompetitive places; provided, preference may be given to shipments of live stock and perishable property.

Exception

 

 

 

 

 

 

 

 

 

 

 

 

 

Livestock attendants may ride free

 

 

Penalty

 

 

Railroads must provide adequate waiting rooms and freight depots

 

 

 

 

Must furnish suitable cars for freight


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κ1919 Statutes of Nevada, Page 208 (CHAPTER 109)κ

 

Commission to enforce proper regulations

 

 

Commission may subpena and swear witnesses

 

 

 

 

 

 

 

Hearings of complaints against public utilities

 

 

 

 

 

 

 

 

 

 

 

 

Ten days notice given

 

 

 

Hearings, how conducted

      (a) The commission shall have the power to enforce reasonable regulations for furnishing cars to shippers, and switching the same, and for the loading and unloading thereof, and the weighing of the cars and freight offered for shipment over any line of railroad.

      Sec. 24.  Any commissioner, or the secretary thereof may administer oaths to any witness called to testify in any hearing or proceeding before the commission. The commission may require, by order to be served on any public utility in the same manner as a subpena in a civil action, the production at such time and place as the commission may designate of any books, accounts, papers, or records kept by such public utility in any office or place without the State of Nevada, or verified copies in lieu thereof, if the commission shall so direct, in order that an examination may be made by the commission or under its direction, or for use as testimony. If any public utility shall refuse or fail to comply with such order, the said utility shall be subject to the penalty named in section 11.

      Sec. 25.  Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization or by any person or persons, firm or firms, corporation or corporations, or association or associations, the same being interested, that any of the rates, tolls, charges, or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice, or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, water, or power, or any service in connection therewith is, in any respect, unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate, the commission shall proceed, with or without notice, to make such investigation as it may deem necessary. But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice, or act complained of shall be entered without a formal hearing.

      (a) The commission shall, prior to such formal hearing, notify the public utility complained of that complaint has been made, stating the substance thereof, or, if deemed necessary, accompanying the notice with a copy of the complaint, and ten days after such notice has been given, the commission may set a time for hearing.

      (b) The commission shall give the public utility and the complainant or complainants at least ten days’ notice of the time when and place where such hearing will be held, at which hearing both the complainant and the public utility shall have the right to appear by counsel or otherwise, and be fully heard. Either party shall be entitled to an order by the commission for the appearance of witnesses or the production of books, papers and documents containing material testimony.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 209 (CHAPTER 109)κ

 

of books, papers and documents containing material testimony. Witnesses appearing upon the order of the commission shall be entitled to the same fees and mileage as witnesses in civil actions in the courts of the state, and the same shall be paid out of the state treasury in the same manner as other claims against the state are paid; but no fees or mileage shall be allowed unless the chairman of the commission shall certify to the correctness of the claim.

      Sec. 26.  If any party ordered to appear before the commission as a witness shall fail to obey such order, the commission, or any member, or the secretary thereof, may apply to the clerk of the nearest district court for a subpena commanding the attendance of said witness before the commission. It shall be the duty of such clerk to issue such subpena, and of any peace officer to serve the same. Disobedience to such subpena shall be deemed a contempt of court and punished accordingly.

      Sec. 27.  If, upon any hearing and after due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable, or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this act, the commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges, or schedules, as shall be just and reasonable. If it shall in like manner be found that any regulation, measurement, practice, act, or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of the provisions of this act, or if it be found that the service is inadequate, or that any reasonable service cannot be obtained, the commission shall have the power to substitute therefor such other regulations, measurements, practices, service, or acts, and make such order relating thereto as may be just and reasonable.

      (b) When complaint is made of more than one rate, charge or practice, the commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. The commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices, and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      Sec. 28.  The commission, or any party to any proceeding before it may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil actions.

      Sec. 29.  A full and complete record shall be kept of all proceedings before the commission or its representative on any formal investigation, and all testimony shall be taken down by the stenographer appointed by the commission.

 

 

 

 

 

 

Witnesses in contempt of court, when

 

 

 

 

Commission may change rates, etc.

 

 

 

 

 

 

 

 

 

 

Separate hearings, when

 

 

 

 

 

 

 

Depositions of witnesses

 

Full record of proceedings to be kept


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κ1919 Statutes of Nevada, Page 210 (CHAPTER 109)κ

 

 

 

 

 

 

Charge for transcript of proceedings

 

 

 

 

Punishment for perjury

 

 

 

 

 

 

 

 

Punishment for failure or neglect to make reports, etc.

 

 

 

 

 

 

Rates, etc., set by commission in full force and effect

any formal investigation, and all testimony shall be taken down by the stenographer appointed by the commission. Whenever any complaint is served upon the commission as hereinafter provided for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending. A copy of such proceedings and testimony shall be furnished to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer, and by him carried into the fund appropriated for the general expenses of the commission.

      Sec. 30.  No person shall be excused from testifying, or from producing books and papers in any proceeding based upon or growing out of any alleged violation of the provisions of this act, on the ground of or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for, or on account, of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying.

      Sec. 31.  Any officer, agent, or employee of any public utility who shall wilfully fail or refuse to fill out and return any blanks as required by this act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question where the fact inquired of is within his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any commission or any commissioners, or any person also authorized to examine the same any book, paper or account of such public utility which is in his possession or under his control, shall be subject to the penalty prescribed in section 11 of this act.

      Sec. 32.  All rates, fares, charges, classifications, and joint rates fixed by the commission shall be in force, and shall be prima facie lawful from the date of the order until changed or modified by the commission, or in pursuance of section 33 of this act. All regulations, practices, and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of section 33 of this act, or until changed or modified by the commission itself upon satisfactory showing made.


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κ1919 Statutes of Nevada, Page 211 (CHAPTER 109)κ

 

      Sec. 33.  Any party in interest being dissatisfied with an order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within ninety (90) days commence an action in the district court of the proper county against the commission and other interested parties as defendants to vacate and set aside any such order on the ground that the rate fixed in such order is unlawful or unreasonable, or that any such regulation, practice, or service, fixed in such order is unreasonable. The commission and other parties defendant shall file their answers to said complaint within thirty (30) days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon twenty (20) days’ notice to either party.

      All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions; any party to such action may introduce evidence in addition to the transcript of the evidence offered to said commission.

      (a) No injunction shall issue suspending or staying any order of the commission except upon application to the court or judge thereof, notice to the commission having been first given and hearing having been had thereon; provided, that all rates fixed by the commission shall be deemed reasonable and just, and shall remain in full force and effect until final determination by the courts having jurisdiction.

      (b) If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court, before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in said action for fifteen (15) days from the date of such transmission. Upon receipt of such evidence the commission shall consider the same, and may alter, modify, amend, or rescind its orders relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulation, practice, or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence.

      (c) If the commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified, or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the commission in the first instance. If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order.

Action in district court, when

 

 

 

 

 

 

 

 

Actions precede all other civil cases

 

 

 

Concerning injunctions

 

 

 

 

New evidence, how treated

 

 

 

 

 

 

 

 

Judgment, how rendered


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κ1919 Statutes of Nevada, Page 212 (CHAPTER 109)κ

 

Appeals, how taken

 

 

 

 

 

Burden of proof on attacking party

 

Fatal accidents must be reported to commission

 

 

 

Penalties for culpable public utilities

 

 

 

 

 

Reports, statements, etc., must be sworn to

 

 

 

Certificate must be procured from commission

 

 

 

Proviso

      (d) Either party to said action, within sixty (60) days after the service of a copy of the order or judgment of the court, may appeal or take the case up on error as in other civil actions. Where an appeal is taken to the supreme court of Nevada, the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar.

      (e) In all actions under this section the burden of proof shall be upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.

      Sec. 34.  Every public utility shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission. If in its judgment the public interest requires it, the commission shall cause an investigation to be made forthwith, at such place and in such manner as the commission shall deem it best.

      Sec. 35.  If any public utility shall violate any provision of this act or shall do any act prohibited, or shall fail or refuse to perform any duty enjoined upon it, or upon failure of any public utility to place in operation any rate or joint rate, or do any act herein prohibited, for which a penalty has not been provided, or shall fail, neglect, or refuse to obey any lawful requirement or order made by the commission or any court, for every such violation, failure, or refusal, such public utility shall be subject to the penalty prescribed in section 11 of this act.

      Sec. 36.  Every annual report, record, or statement required by this act to be made to the commission shall be sworn to by the proper officer, agent or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record, or statement, shall be deemed perjury, and the person making such false oath shall, upon conviction, be punished as in the case of other perjuries.

      Sec. 36 1/2.  Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling, or operating any public utility shall before beginning such operation or continuing of operations, or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the public service commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction; provided, that nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town contiguous to its railroad, line, plant or system and not then served by a public utility of like character.


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κ1919 Statutes of Nevada, Page 213 (CHAPTER 109)κ

 

line, plant or system and not then served by a public utility of like character. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants, or systems to be constructed, extended or affected as may be just and reasonable.

      Every applicant for a certificate of public convenience shall furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience or to issue it for the construction of a portion only of the contemplated line, plant or system or extension thereof, and may attach thereto such terms and conditions as in its judgment, the public convenience and necessity may require.

      No public utility beginning, prosecuting or completing any new construction in violation of this act shall be permitted to levy any tolls or charges for services rendered and all such tolls and charges shall be void.

      It shall be unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore served by it, except upon twenty (20) days’ notice filed with the commission, specifying in detail the character and nature of the discontinuance, or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.

      All hearings and investigations under this section shall be conducted substantially as is provided for hearings and investigations of tolls, charges, and service. Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in this section, shall be prima facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of section 33 of this act; provided, however, that a municipality constructing, leasing, operating or maintaining any public utility shall not be required to obtain a certificate of convenience.

      Sec. 37.  Whenever any person, company, corporation or association which is not engaged in business as a public utility as defined by this act, and which does not furnish, sell, produce or deliver to others, light, heat, power or water, under a franchise received from the state or from any county or municipality within the state, shall be able from any surplus beyond the needs or requirements of its own business, and shall desire to sell, produce, furnish and deliver to any other person, company, association or corporation, any light, heat, power or water, such person, company, association or corporation, shall apply to the public service commission for authority to sell, produce, furnish or deliver any such surplus light, heat, power or water, and shall submit to the commission the proposed contract by which such light, heat, power or water is to to be sold, furnished, produced or delivered.

 

 

 

 

Applicant must furnish evidence of its corporate character

 

 

 

 

Illegal construction

 

 

Illegal to discontinue service without notice

 

 

 

 

Hearings, how conducted

 

 

 

 

 

 

How private company may dispose of surplus product


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κ1919 Statutes of Nevada, Page 214 (CHAPTER 109)κ

 

 

 

 

Such company not subject to jurisdiction of commission, when

 

 

 

Commission may invoke mandamus or other civil remedies

 

 

Printing at state printing office

 

Attorney-general legal counsel of commission

 

 

 

 

District attorneys to aid

 

 

Penalties for violation of act

 

Traveling and other expenses of employees

deliver any such surplus light, heat, power or water, and shall submit to the commission the proposed contract by which such light, heat, power or water is to to be sold, furnished, produced or delivered.

      The commission shall thereupon ascertain whether it is advisable in the public interest that such contract be executed and, if the commission shall approve such contract, then such person, company, corporation or association shall have the right to furnish, sell, produce and deliver such light, heat, power or water in accordance with the terms of such contract, and shall not thereby become a public utility within the meaning of this act, nor shall it be subject to the jurisdiction of the commission.

      Sec. 38.  In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions thereof, and all orders of the commission, the commission may compel compliance with the provisions of this act and of the orders of the commission by proceedings in mandamus, injunction, or by other civil remedies.

      Sec. 39.  Except in cases of emergency, all the necessary printing of the commission shall be done at the state printing office, and it is made the duty of the state printer to have such printing done as expeditiously as possible.

      Sec. 40.  The attorney-general of Nevada shall be counsel and attorney for the commission in all actions, proceedings and hearings, and shall prosecute in the name of the State of Nevada all actions for the enforcement of this act and for the recovery of any penalty or forfeiture provided for herein, and shall prosecute all violations of the laws of this state by public utilities, their officers, agents and employees, and shall generally aid the commission in the performance of its duties and the enforcement of this act. The district attorney of the proper county, in the aid of any investigation, prosecution, hearing or trial had under the provisions of this act, shall upon the request of the attorney-general or the commission act as counsel for the commission.

      Sec. 41.  Any violation of the provisions of this act, where no penalty or punishment is prescribed therefor, shall be punished by a fine of not less than five hundred ($500) dollars or more than one thousand ($1,000) dollars.

      Sec. 42.  The commission and secretary, and such clerks and experts as may be employed, shall be entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence. Such expenditure shall be sworn to by the person who incurred the expense and shall be approved by the chairman of the commission.

      Sec. 43.  The commission may confer by correspondence, with the railroad commissioners of other states, and with the interstate commerce commission on any matters relating to railroads and may attend hearings involving Nevada rates before the interstate commerce commission outside the state after securing written approval of the state board of examiners.


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κ1919 Statutes of Nevada, Page 215 (CHAPTER 109)κ

 

railroads and may attend hearings involving Nevada rates before the interstate commerce commission outside the state after securing written approval of the state board of examiners. All necessary expenses incurred in attending such hearings shall be a charge against the state, and be audited and paid as other state claims are paid; provided, that all such claims shall be sworn to by the commissioner incurring the expense, and be approved by the chairman.

      Sec. 44.  The public service commission created hereby shall be considered the successor of the railroad commission of Nevada and the public service commission of Nevada as now constituted by law, and all hearings and proceedings of every kind and character now pending before said commissions or against said commissions, or either of them, shall be continued in the name of and before the commission created by this act, nor shall the repeal of any law by this act affect any act done, right established, or prosecution or proceeding commenced under and by virtue of the acts entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and the removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907, and amended March 20, 1909, March 27, 1911, March 22, 1915, March 29, 1915, March 12, 14, 27, 1917, and “An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, and amended March 25, 1915, March 29, 1915, and March 12, 1915.

      Sec. 45.  The act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and the removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907, and all acts amendatory or supplemental thereto, and the act entitled “An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, and all acts amendatory and supplemental thereto are hereby repealed.

Commission may attend hearings of interstate railroad commission with approval of state board of examiners

Proviso

New commission supersedes railroad and public service commissions; hearings before old commissions continued

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain acts repealed


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 216 (CHAPTER 109)κ

 

Certain acts repealed

 

 

 

 

 

 

 

 

Appropriation. $10,000

 

 

In effect April 1, 1919

“An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, and all acts amendatory and supplemental thereto are hereby repealed.

      Sec. 46.  For the purpose of carrying out the provisions of this act, the sum of ten thousand ($10,000) dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated.

      Sec. 47.  This act shall be effective April 1, 1919.

 

________

 

CHAPTER 110

 

 

 

 

Relief of estate of W. D. Phillips

 

 

 

 

 

 

 

 

 

 

Appropriation, $600

Chap. 110–An Act for the relief of the estate of W. D. Phillips.

 

[Approved March 29, 1919]

 

      Whereas, W. D. Phillips acted as secretary of the state agricultural society for the years 1916 and 1917; and

      Whereas, There was a deficiency in the appropriation for the state agricultural society for said year; and

      Whereas, Said W. D. Phillips duly and regularly presented his bills for such salary to the state board of examiners in the sum of six hundred ($600) dollars; and

      Whereas, The state board of examiners had theretofore authorized the state agricultural society to contract bills in excess of their appropriation; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of six hundred ($600) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be paid to the personal representative, administrator or executor of the estate of W. D. Phillips, deceased, and the state controller is hereby directed to draw his warrant in favor of said personal representative, administrator or executor of said W. D. Phillips, deceased, for said sum of six hundred ($600) dollars.

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 217κ

CHAPTER 111

Chap. 111–An Act for the relief of Homer Mooney.

 

[Approved March 29, 1919]

 

      Whereas, Homer Mooney worked in governor’s office from March 31 to April 19, 1917, inclusive, at the request of the governor, and such services are reasonably worth one hundred ($100) dollars; and

      Whereas, No appropriation was made for payment, but the board of examiners of the State of Nevada recommends that payment be made in the sum of one hundred ($100) dollars; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That the sum of one hundred ($100) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for payment to Homer Mooney in full compensation for said services.

      Sec. 2.  That the state controller is hereby directed to draw his warrant in favor of Homer Mooney for the sum of one hundred ($100) dollars, and the state treasurer is hereby directed to pay the same.

 

 

 

 

Relief of Homer Mooney

 

 

 

 

 

 

 

 

Appropriation, $100

 

________

 

CHAPTER 112

Chap. 112–An Act for the relief of John Henderson.

 

[Approved March 29, 1919]

 

      Whereas, The appropriation for the support of the state banking board made at the twenty-eighth session of the legislature of the State of Nevada proved insufficient for the payment of all necessary expenses incurred by members of that board, a claim for the sum of one hundred and ten ($110) dollars for services and expenses of the Honorable John Henderson, member of the said state banking board, was not paid, owing to there being no funds available; and

      Whereas, The said claim has been examined, allowed and approved by the state board of examiners, and is a just and legal claim against the State of Nevada; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and ten ($110) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claim.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant in favor of the said John Henderson for the said sum of one hundred and ten ($110) dollars and the state treasurer is hereby directed to pay the same.

 

 

 

 

Relief of John Henderson

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $110

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 218κ

CHAPTER 113

 

 

 

 

Relief of Miss T. S. Cohn

 

 

 

 

 

 

 

 

 

 

Appropriation, $100

Chap. 113–An Act for the relief of T. S. Cohn.

 

[Approved March 29, 1919]

 

      Whereas, Miss T. S. Cohn, clerk in the office of the state bank examiner, brought in her claims for services as clerk in the office of the state bank examiner for the months of October and December, nineteen hundred and eighteen, amounting in all to one hundred ($100) dollars, after the appropriation for the payment of said claims had reverted; and

      Whereas, The said claims have been examined, allowed and approved by the state board of examiners, and are just and legal claims against the State of Nevada; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred ($100) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of said claims.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant in favor of the said T. S. Cohn for the said sum of one hundred ($100) dollars, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 114

 

 

 

 

 

 

 

 

Two educational districts in Clark County

District No. 1 described

 

 

 

 

 

 

District No. 2

Chap. 114–An Act providing for the division of Clark County, Nevada, into educational districts and providing for the government of the schools therein.

 

[Approved March 29, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Clark County of the State of Nevada is hereby divided into two educational districts as follows:

      District No. 1 shall include all territory in Clark County lying east and north of the division line described as follows: Beginning at the point where the range line between range sixty-three (63) and sixty-four (64) east intersects the north boundary line of Clark County, thence south on said range line to the township line between townships seventeen (17) and eighteen (18) south, thence east on said township line to the range line between ranges sixty-four (64) and sixty-five (65) east, thence south on said range line to the fifth standard parallel south, and thence east on said fifth standard parallel south to the Colorado River.

      District No. 2 shall include all the balance of the territory embraced in said Clark County.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 219 (CHAPTER 114)κ

 

      Sec. 2.  The control and government of all high and elementary schools in said district No. 1 shall be vested in a board of education composed of five trustees, to be selected from the school trustees of the various elementary schools now existing in said educational district as hereinafter provided.

      Sec. 3.  The members of the boards of school trustees as at present constituted within said educational district shall meet at Overton, in said county, on or before the first day of May, 1919, and from their numbers they shall select five persons who shall constitute the board of education of said educational district until the next general election. Three of said board shall be selected from the boards of trustees of schools of the Moapa Valley and two from the boards of trustees of schools of the Virgin Valley of said educational district.

      Sec. 4.  At the general election in 1920, two members of said board shall be elected for a term of four years and three members of said board shall be elected for a term of four years and three members of said board for a term of two years. At each general election thereafter, two members of said board shall be elected for a term of four years and one member of said board shall be elected for a term of two years.

      Sec. 5.  The said board of education of said educational district No. 1 shall have control of the fiscal policy of the high and elementary schools in said district; it shall embrace uniform courses of study as provided or adopted by the state board of education or other lawful authority; it shall employ all teachers, hire janitors and other employees and discharge the same when sufficient cause therefor exists; and they shall do any and all things necessary for the proper conduct, maintenance and administration of said schools.

      Sec. 6.  Three members of said board shall constitute a quorum for the transaction of business.

      Sec. 7.  No elementary school within said district now established shall be discontinued without the consent of a majority of the parents and guardians of the pupils attending such school.

      Sec. 8.  This act shall take effect on the first day of May, 1919.

Board of education for district No. 1

 

 

Said board, how selected

 

 

 

 

 

Board of education to be elected in 1920

 

 

 

Powers of said board

 

 

 

 

 

 

Quorum

 

Schools not discontinued

 

In effect May 1, 1919

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 220κ

CHAPTER 115

 

 

 

 

 

Payment of claims for pursuit of draft-evader

 

 

 

 

 

 

 

Appropriation, $56.52

 

 

Beneficiaries named

 

 

 

 

 

 

 

 

Duties of state controller and state treasurer

Chap. 115–An Act to provide for the payment of sundry claims arising out of the pursuit of Paul Walters.

 

[Approved March 27, 1919]

 

      Whereas, Sundry claims arose out of the pursuit of Paul Walters, draft-evader, who shot Sheriff Wildes of Churchill County, with fatal result; and

      Whereas, No specific appropriation was made for the payment of said claims, but the same, hereinafter referred to, are recommended for payment by the board of examiners; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That the sum of fifty-six and 52/100 ($56.52) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of the claims hereinbefore referred to, as follows:

Homer Mooney.................................................................................................................. $17.72

Utah-Nevada-Idaho Telephone Co.................................................................................... 2.35

The Silver State.................................................................................................................... 10.00

The Humboldt Star................................................................................................................ 3.75

Lovelock Publishing Company........................................................................................... 5.40

Churchill County Eagle......................................................................................................... 2.60

Nevada State Journal............................................................................................................ 6.90

Reno Evening Gazette................................................................................................ .......... 7.80

                   .......................................................................................................................... $56.52

      Sec. 2.  That the state controller is hereby directed to draw his warrants in favor of the persons or other claimants, and for the amounts set forth in section 1 of this act, in the total sum of $56.52, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 116

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending prohibition law

Chap. 116–An Act to amend an act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations; making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act; and prescribing penalties for the violation thereof,” enacted by the people of the State of Nevada by referendum at the general election in the year 1918.

 

[Approved March 26, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of the act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations;


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 221 (CHAPTER 116)κ

 

malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations; making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof,” enacted by the people of the State of Nevada by referendum at the general election in the year 1918, is hereby amended so as to read as follows:

      Section 1.  The word “liquors” as used in this act shall be construed to embrace all malt, vinous or spirituous liquors, wine, porter, ale, beer or any other intoxicating drink, mixture or preparation of like nature; and all liquids, mixtures or preparations, whether patented or not, which will produce intoxication, and all beverages containing more than one-half of one per centum of alcohol by volume, shall be deemed spirituous liquors, and all shall be embraced in the word “liquors,” as hereinafter used in this act; provided, nothing in this section shall be deemed as prohibiting the manufacture or sale of malt drinks, or so-called near beer or other similar beverage of whatever name, which does not contain to exceed one-half of one per centum of alcohol by volume, nor to prohibit the manufacture or sale of vanilla, lemon or other similar extracts now in common use for culinary purposes, or perfumes or other similar articles used exclusively for toilet purposes.

 

 

 

 

 

 

“Liquor” defined

 

 

 

 

 

Culinary and toilet preparations excepted

 

________

 

CHAPTER 117

Chap. 117–An Act to amend 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, adding certain sections thereto and repealing certain acts.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

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

      Section 1.  The state board of health is hereby created, consisting of the governor, secretary of state, and three other members who shall be graduated licensed physicians with the degree of M.D., and to be appointed by the governor. The three additional members shall be appointed by the governor for the term of four years. The president of the board shall be the governor. In appointing such additional three members of the board, the governor shall designate one of them to be secretary of said board.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending state board of health act


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 222 (CHAPTER 117)κ

 

 

 

State health officer, duties of

 

 

 

 

 

 

 

Salary, $2,500

 

 

 

 

 

 

Local health officer, duties of

 

 

 

 

 

 

 

Salary

 

 

 

Deputy health officers

      Sec. 2.  Section 4 of the above-mentioned act is hereby amended so as to read as follows:

      Section 4.  Duties of Secretary-Salary.  The secretary shall be the state health officer and executive officer of the board and state registrar of vital statistics. He shall carefully compile the reports of the various health officers of this state as hereinafter provided, keep the minutes of all meetings of the board and attend to all correspondence in carrying out the provisions of this act. He shall investigate sanitary conditions and the prevalence of disease in the state and perform such other duties as the state board of health may direct or this act or any other act may require. It shall be his duty to strictly enforce all laws passed for the protection of the public health and improvement of sanitary conditions of the state and to enforce all rules, regulations and orders of the state board of health. He shall receive a salary of $2,500 the year, and his necessary expenses actually incurred in the performance of his duties, to be paid monthly in the same manner as the salary and expenses of other state officers are paid, upon vouchers signed by the secretary of the state board of health, and approved by the state board of examiners.

      Sec. 3.  Section 6 of the above-mentioned act is hereby amended so as to read as follows:

      Section 6.  Local Health Officer-Duties-Salary.  On or before January 1 next following each general fall election the board of county commissioners shall appoint a local health officer for the county, who shall be learned in sanitary science, public health practice and the diagnosis of infectious diseases, and shall fix his compensation. His term of office shall be for one year or until his successor has been appointed and qualified. He shall be ex officio member of the county board of health and shall be the executive officer thereof and may be county physician; and shall act as a collector of vital statistics for his county and is empowered to appoint such deputy or deputies as may be necessary, with the approval of the board of county commissioners. For performing the duties prescribed in this act he shall receive from the county a sum not less than twenty-five dollars ($25) per month, or such greater amount as may be determined by the board of county commissioners. The board of county commissioners are directed to allow a claim for this or for such greater sum as they may deem proper for the work performed; the deputies appointed by the local health officer, with the approval of the county commissioners, shall be paid the compensation agreed upon for performing the duties prescribed by the state board of health and by this act in the same manner. The deputy health officers shall file with the local health officer of the county monthly reports, and all original birth and death certificates executed by them, not later than the 5th day of each month, which said reports shall be compiled by the local health officer and forwarded to the secretary of the state board of health not later than the 10th day of each month.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 223 (CHAPTER 117)κ

 

said reports shall be compiled by the local health officer and forwarded to the secretary of the state board of health not later than the 10th day of each month. In counties where deputy registrars are appointed, the county commissioners shall allow them a monthly salary or the sum of one ($1) dollar for each birth and death certificate executed by them.

      In the case of refusal or neglect of any board of county commissioners to appoint a county health officer for thirty days after January 1 next following any general fall election, or if a vacancy shall exist in the office of county health officer for a period exceeding thirty days, the state board of health may make such appointment for such county for that term and fix the compensation, and a health officer so appointed shall have the same duty, power and authority as though appointed by the county board of health.

      Sec. 4.  Following section twenty-four (24) the following sections are hereby inserted:

      Section 25.  State Board of Health-General Authority.

      1.  The said board shall have general supervision over all matters relating to the preservation of the health and life of citizens of the state, and shall especially study the vital statistics of the state and endeavor to put the same to intelligent and profitable use. They shall make sanitary investigations and inquiries respecting the causes of disease, especially epidemics, the causes of mortality, and the effects of localities, employments, conditions, habits and circumstances, and shall diffuse such information as they may deem proper. They shall, when required, advise public boards or officers in regard to location, drainage, water supply, disposal of excreta, heating and ventilation of any public building or institution, and shall recommend from time to time, works of hygiene for the use of the public schools. They shall send their epidemiologist or a committee to any part of the state whenever necessary to investigate the cause and circumstances of an outbreak of a communicable or unusual disease. The board shall prepare and issue from time to time popular bulletins of educational value, pertaining to sanitation and the causes and prevention of disease; and they shall, in January of each odd-numbered year, report to the governor their transactions, investigations and discoveries during the preceding term and such suggestions for legislation as they think fit. They shall have power to designate diseases reportable in addition to such diseases herein designated as contagious, infectious and reportable. They shall possess all powers necessary to fulfil the duties prescribed in the statutes and to bring action in the courts for the enforcement of health laws and health rules. They shall have power to make sanitary inspections and surveys in all parts of the state, and after due notice, to enter upon and inspect private property in regard to the presence of cases of infectious and contagious diseases and to determine the cause and source of disease.

 

 

 

Compensation

 

State board may appoint county health officer, when

 

 

 

 

Sections added

 

 

General authority of state board of health

 

 

 

 

 

 

 

 

 

 

To issue bulletins

 

 

 

 

 

 

 

Inspections


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 224 (CHAPTER 117)κ

 

 

 

 

 

Quarantines, etc.

 

 

 

 

 

 

Enforcement of rules; penalties

 

 

 

Rules effective only when published

 

 

State epidemiologist, duties and salary

 

 

 

 

 

 

 

Compensation

 

Powers of state board as to contagious diseases

 

Words defined

cause and source of disease. The state board of health at any regular or special meeting may, in its discretion, empower the state health officer to act for the board upon such matters as it may determine in issuing and enforcing orders in compliance with the public health laws and rules and regulations adopted by the board.

      2.  Quarantine, Drainage, Alleys, Etc.  The state board of health when necessary, shall have power to establish a quarantine, may modify, relax and abolish it when it has been established and may order and execute what is reasonable and necessary for the prevention and suppression of disease; to close schools and churches; forbid public gatherings when deemed necessary to control epidemics; to condemn and abate conditions detrimental to health or likely to cause disease in accordance with law.

      3.  Rules, Enforcement Of.  The board shall have power to adopt and enforce rules and regulations governing the duties of all health officers and health boards in conformity with this act and any violation of said rules shall be punished by a fine not less than ten dollars, nor more than one hundred dollars for each offense. All rules adopted and published in conformity with this section shall bear the seal of the state board of health and be attested by the state health officer. Such rules and regulations shall be published in a paper or papers of general circulation and distributed in pamphlet or leaf form to all health officers and any citizen asking for the same. Such rules and regulations shall not be effective until after their publication.

      4.  State Epidemiologist-Duties, Salary.  When an emergency therefor exists the board shall employ an epidemiologist who shall be a physician, learned in epidemiological methods, a skilled bacteriologist and experienced in the diagnosis of infectious diseases. When making laboratory investigations in any capacity, he shall work under the direction of the director of said hygienic laboratory. It shall be his duty to investigate all epidemics and threatened epidemics of communicable diseases that may occur in the state and advise the local health officers as to the best measures to be taken to prevent and control such diseases, and he shall supervise all measures taken by the local health officers for the suppression and control of disease and perform such other duties as the state board of health may from time to time prescribe. He shall receive such compensation as may be agreed at the time of his employment.

      Section 26.  State Board-Powers as to Contagious Diseases-Effect of Rules.  The board shall have power to establish such system of inspection as in their judgment may be necessary to ascertain the presence of the contagion or infection of Asiatic cholera, diphtheria, scarlet fever, smallpox, plague, leprosy, typhus or ship fever, yellow fever or any other dangerous contagious disease-the words “dangerous contagious disease,”


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 225 (CHAPTER 117)κ

 

contagious disease,” as used in this section, meaning such dangerous contagious and infectious diseases as the board shall designate as contagious and dangerous to the public health; and any member or duly authorized agent or inspector of said board may enter when necessary to protect the public, any public or private premises, building, railway car or other public vehicle to inspect the same and remove therefrom any person affected by such a disease, and for this purpose may require the person in charge of any public vehicle, other than a railway car, to stop the same at any place, and may require the conductor of any railway train to stop his train at any station or upon any sidetrack for such time as may be necessary. The board may also, from time to time, and when necessary, make, alter, modify, or revoke rules and regulations for guarding the introduction of any disease into the state, for the control and suppression thereof within it, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by such disease, for the transportation of dead bodies, for the speedy and private interment of the bodies of persons who have died from dangerous contagious diseases, for the proper sanitary care of jails, asylums, schoolhouses, hotels and all other public buildings and the premises connected therewith, and in emergency, may provide those sick with any such disease with necessary medical aid and with temporary hospitals for their accommodation and also for their nurses and attendants. The board may declare any or all of its rules and regulations made in accordance with the provisions of this section to be in force within the whole or any specified part of the state and make them applicable to any railway car or public vehicle of any kind. Such rules and regulations, if of general application, shall be published in a paper or papers of general circulation; but whenever, in the judgment of the board, it shall be necessary so to do, special rules, regulations or orders may be made for any city, village or town without being so published, and the service of copies thereof upon the proper city, village or town officers shall be sufficient notice thereof. Rules, regulations or orders made in accordance herewith shall supersede all local rules, regulations or ordinances that may be in conflict therewith. All health officers, local boards of health, sheriffs, constables, policemen, marshals and other officers and employees shall respect and enforce the rules and regulations made in pursuance hereof in every particular affecting their respective localities and duties. It is the duty of all city, county, town, and village officers, of all local boards of health, and all officers and persons in charge of all institutions, buildings and vehicles within this section to cooperate with the state board of health in carrying out these provisions.

      Section 27.  County Board of Health, Composition.  Each of the several counties of the State of Nevada shall establish a county board of health to consist of the board of county commissioners, sheriff, and the local health officer of the county, who shall act as chairman of the board, and the county recorder shall be the clerk thereof.

 

 

 

 

 

 

 

 

 

Rules and regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supersede all local rules

 

 

 

 

Duties of all officers to cooperate


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 226 (CHAPTER 117)κ

 

County boards of health; officers

 

 

Powers and duties of county board of health

 

 

 

 

 

 

 

 

 

 

Patient to pay when able

 

 

City boards of health

 

 

City health officer

 

 

 

Compensation

 

 

 

Powers and duties of city board of health

a county board of health to consist of the board of county commissioners, sheriff, and the local health officer of the county, who shall act as chairman of the board, and the county recorder shall be the clerk thereof. All of said officers shall serve without additional compensation.

      Section 28.  County Board of Health, Powers and Duties.  It shall be the duty of the said county board of health to oversee all sanitary conditions of the respective county in which the board is created and to make such rules and regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease, dangerous to the public health, which rules and regulations shall take effect from and after their approval by the state board of health. They shall have the authority to abate nuisances in accordance with law, to establish and maintain an isolation hospital or quarantine station when necessary, and to restrain, quarantine and disinfect any person or persons sick with or exposed to any contagious or infectious disease, dangerous to the public health. They are empowered to appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants, and provisions may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available; provided, however, each patient shall, if able, pay for his food, medicine, clothes, and medical attendance. The county board of health shall be subject to the supervision of the state board of health, and shall make such reports to the state board as the state board may require.

      Section 29.  City Board of Health, Composition-Health Officer.  Every city of the first and second class shall, and every city of the third class may, provide by ordinance for the establishment of a board of health therefor. Such board of health shall be composed of three members appointed by the mayor, at least one of whom shall be learned in sanitary science and public health practice and experienced in the diagnosis of infectious diseases, and shall be the local health officer and executive of the board. If no member, or more than one member, is experienced in the diagnosis of infectious diseases and learned in sanitary science, the board shall appoint the health officer. The compensation of the city health officer shall be prescribed by the city council and the same, together with his necessary expenses, shall be paid by the municipality in which he serves.

      Section 30.  City Board of Health, Powers and Duties.  It shall be the duty of the said city board of health to oversee all sanitary conditions of the respective city in which the board is created and to make such rules and regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease, dangerous to the public health, which rules and regulations shall take effect from and after their approval by the state board of health.


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κ1919 Statutes of Nevada, Page 227 (CHAPTER 117)κ

 

They shall have the authority to abate nuisances, in accordance with statutes now in force or hereafter enacted, to establish a temporary isolation hospital or quarantine station when emergency demands, and to restrain, quarantine and disinfect any person or persons sick with or exposed to any contagious or infectious disease, dangerous to the public health. They are empowered to appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants, and provisions may be required, and the city council is directed to pay all debts or charges so incurred; provided, however, each patient shall, if able, pay for his food, medicine, clothes, and medical attendance.

      Section 31.  Powers and Duties of Health Officers.  The local health officer of the county shall have supervision over all matters pertaining to the preservation of the life and health of the people of his county, except incorporated cities of the first and second class having a health officer appointed in accordance with the provisions of this act, which shall be under the jurisdiction of the city health officer, subject to the supervision and control of the state board of health. Every health officer shall have authority to order the abatement or removal of any nuisance detrimental to the public health in accordance with the laws relating to such matters. He shall cause proper measures in accordance with the rules and regulations and orders of the state board of health, to be taken to prevent, suppress and control any dangerous contagious or infectious disease within his jurisdiction-the words “dangerous contagious or infectious disease,” as used in this section, meaning such diseases as the state board shall designate as contagious and infectious and dangerous to the public health as in this act provided.

      All deputy health officers and city health officers in cities of the third class shall report immediately to the local health officer of the county every new outbreak of any contagious or infectious disease occurring within their jurisdiction. All county health officers and city health officers of cities of the first and second class shall report to the state board of health on blanks provided for that purpose all cases of contagious or infectious diseases reported to them in such manner and at such time as may be required by the rules and regulations of the state board.

      Whenever a health officer shall know, suspect, or be informed of the existence of any dangerous contagious or infectious disease within his jurisdiction, it shall be his duty immediately to investigate such case and all circumstances connected therewith and at all times promptly to take such measures for the prevention, suppression and control of such disease as may be required by the rules and regulations of his board and the rules and regulations of the state board of health. Every health officer when necessary shall have power to remove to and restrain in an isolation hospital or quarantine station, or to quarantine or isolate, any person sick with a dangerous contagious or infectious disease until such person shall have thoroughly recovered and been disinfected; provided, that no person shall be removed to or restrained in an isolation hospital until such person has been examined by the local health officer or a medical deputy, to determine whether or not such removal may be carried out without endangering the life of such patient; and provided further, that such removal shall not be made unless the same is necessary in order to protect the public.

 

 

 

 

 

 

Patient to pay when able

 

General powers and duties of health officers

 

 

 

 

 

 

 

 

 

Words defined

 

 

All health officers to report diseases promptly

 

 

 

 

To investigate suspicious cases


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κ1919 Statutes of Nevada, Page 228 (CHAPTER 117)κ

 

Powers to isolate or quarantine

 

Provisos

 

 

 

Disinfection

 

 

 

 

 

Right to enter

 

 

 

Duties of health officers regarding schools

 

 

 

 

 

 

 

Duties of teachers

 

 

 

 

 

 

 

Exclusion from school, when

power to remove to and restrain in an isolation hospital or quarantine station, or to quarantine or isolate, any person sick with a dangerous contagious or infectious disease until such person shall have thoroughly recovered and been disinfected; provided, that no person shall be removed to or restrained in an isolation hospital until such person has been examined by the local health officer or a medical deputy, to determine whether or not such removal may be carried out without endangering the life of such patient; and provided further, that such removal shall not be made unless the same is necessary in order to protect the public. He shall also quarantine, restrain, or disinfect any person or persons exposed to any dangerous contagious or infectious disease in such manner and for such time as necessary and as the rules and regulations of his board and the rules and regulations of the state board of health require. He shall disinfect any room or house or building and the contents thereof, or any clothing, bedding, furniture, or other article that may be infected, in such manner that the danger of conveying a disease by such means shall be destroyed. He shall have the right of entry on private property at reasonable hours for the purpose of investigating any case or suspected case of a contagious or infectious disease.

      Section 32.  Contagious Diseases in Schools.

      1.  Duty of Health Officer.  Upon the appearance of any dangerous contagious disease in any school district, it shall be the duty of the health officer in whose jurisdiction the schoolhouse is located to notify at once, in writing, the principal or teacher of such school and the librarians of all libraries in such school district, giving the names of all families where the disease exists. If the rules of the state board of health provide for the exclusion from school of teachers, or pupils from homes where such disease exists, the health officer shall request the principal of the school to exclude from school attendance all such persons until a written order signed by the health officer permitting attendance at school is presented.

      2.  Duty of Principal or Teacher.  Whenever the principal or teacher of the school has been notified of the presence of a dangerous contagious disease in the school district, or whenever the principal or teacher of the school knows or believes that a dangerous communicable disease is present in the school district, it shall be the duty of such principal or teacher to at once notify the health officer in whose jurisdiction the schoolhouse is located of such sickness. The health officer shall then investigate all such cases, to determine whether or not a dangerous contagious disease is present in such family and take proper action.

      3.  Exclusion from School.  Parents, guardians, or persons having custody of any child or children, shall not permit knowingly such child or children, if afflicted with a dangerous contagious disease, to attend school.


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κ1919 Statutes of Nevada, Page 229 (CHAPTER 117)κ

 

knowingly such child or children, if afflicted with a dangerous contagious disease, to attend school.

      Section 33.  Use of State Hygienic Laboratory by State Board of Health.  The state hygienic laboratory, which has been established in connection with the state university, shall be the official laboratory for the state board of health, and the director of said laboratory is hereby instructed to make for the said state board of health all examinations and analyses pertaining to the diagnosis and prevention of infectious diseases that may be reasonably requested under the provisions of sections 3941 and 3944 of the Revised Laws of 1912.

      Section 34.  It shall be the duty of the county clerks of the several counties of the state to transmit to the secretary of the state board of health, on or before the 10th day of January and the 10th day of July of each year the number of marriage licenses issued by him during the preceding six months.

      Sec. 5.  Section 29 of the above-mentioned act is hereby renumbered and amended so as to read as follows:

      Section 38.  Appropriation.  For the purpose of carrying out the provisions of this act the sum of ten thousand dollars is hereby appropriated in accordance with the following budget, out of any money in the general fund not otherwise appropriated, and the state controller is hereby authorized to draw his warrant on the state treasury for the amount of these claims or other necessary expenditures, when approved by the state board of health, and the state treasurer is hereby directed to pay the same:

For the salary of the secretary of the state board of health......................................... $5,000

For compensation of epidemiologist................................................................................. 1,500

For traveling expenses of the epidemiologist..................................................................... 500

For general support of the state board of health............................................................. 3,000

      Sec. 6.  Repeal.  Those certain acts entitled “An act to create a county board of health in each of the several counties of the State of Nevada,” approved March 2, 1905; “An act to provide for the recording of births and deaths in the several counties of the State of Nevada,” approved February 26, 1887; “An act to provide for preventing the spread of contagious diseases,” approved March 12, 1903; “An act to amend an act entitled ‘An act creating a state board of health, defining their duties, prescribing the manner of the appointment of its officers, fixing their compensation, and making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, and defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,’ approved March 27, 1911, by amending section six thereof and adding three new sections thereto, and providing for the renumbering of sections twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty,” approved March 15, 1913; and all other acts and parts of acts in conflict herewith are hereby repealed.

 

 

State hygienic laboratory to cooperate

 

 

 

 

 

County clerk to report number of marriage licenses

 

 

 

Appropriation, $10,000

 

 

 

 

 

Sums Specified

 

 

 

Certain acts repealed


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κ1919 Statutes of Nevada, Page 230 (CHAPTER 117)κ

 

 

 

 

 

Misdemeanor

 

 

Certain practitioners excepted; sanitary and quarantine laws observed

and adding three new sections thereto, and providing for the renumbering of sections twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine and thirty,” approved March 15, 1913; and all other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 7.  A violation of any of the provisions of this act, by any person, firm, or corporation, or refusal or neglect to obey any lawful order, rule, or regulation of the state board of health shall be a misdemeanor and punishable as such.

      Sec. 8.  None of the provisions of this act or the laws of this state regulating the practice of medicine or healing shall be construed to interfere with the treatment by prayer or with any person who administers to or treats the sick or suffering by mental or spiritual means, nor shall any person who selects such treatment for the cure of disease be compelled to submit to any form of medical treatment, nor shall any such person be removed to any isolation hospital or camp without their consent; provided, the sanitary and quarantine laws of the state are complied with.

 

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CHAPTER 118

 

 

 

 

 

 

 

 

 

 

Amending tax commission act

 

 

Composition of Nevada tax commission; qualifications

Chap. 118–An Act to amend an act entitled “An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917.

 

[Approved March 27, 1919]

 

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 in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917, is hereby amended to read 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 six commissioners. The chairman shall be the governor of the State of Nevada. One of the commissioners shall be the appointive member of the public service commission who devotes all his time to the business of the State of Nevada; one of the said commissioners shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof; one of the said commissioners shall be versed in and possess a practical knowledge and experience in live stock and the value thereof; one of said commissioners shall be versed in and possess a practical knowledge and experience in the mining industry; one of the said commissioners shall be versed in and possess a practical knowledge and experience in business; one of said commissioners shall be versed in and possess a practical knowledge and experience in banking; each of said commissioners at the time of his appointment shall be actively engaged in the business of the department which he is chosen to represent on the commission.


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κ1919 Statutes of Nevada, Page 231 (CHAPTER 118)κ

 

said commissioners shall be versed in and possess a practical knowledge and experience in the mining industry; one of the said commissioners shall be versed in and possess a practical knowledge and experience in business; one of said commissioners shall be versed in and possess a practical knowledge and experience in banking; each of said commissioners at the time of his appointment shall be actively engaged in the business of the department which he is chosen to represent on the commission. Said appointments shall be made by the governor, and not more than one of said commissioners shall be appointed from any one county in this state, and not more than a majority of the said commission shall be of the same political party. Three of said commissioners shall be appointed for a term of four years, and two of said commissioners for a term of two years, and upon the expiration of the terms for which the appointments are made all commissioners shall be appointed for terms of four years. The chairman and each of said commissioners shall have a vote upon all matters which shall come before said commission. Before entering upon his duties each of said commissioners, except the governor and the public service commissioner, shall enter into a bond payable to the State of Nevada, to be approved by the board of examiners, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall subscribe to the official oath. The commission shall appoint a secretary who shall give his entire time and attention to the duties of the office of secretary of the commission, and who shall be in charge of the office of the commission.

      Sec. 2.  Section 16 of the above-entitled act is hereby amended as follows:

      Section 16.  The governor and the member of the public service commission shall receive no compensation for their services as members of the Nevada tax commission. The secretary shall receive a salary of three thousand dollars per annum, payable in equal monthly installments as other state officers are paid. Each of the other five commissioners mentioned in section 1 of this act shall receive a salary of six hundred dollars ($600) per annum, payable in equal monthly installments as other state officers are paid.

Qualifications of commissioners

 

 

 

 

 

 

 

Terms

 

 

 

 

 

Bond

 

 

Secretary

 

 

 

Salaries

 

________

 

 


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κ1919 Statutes of Nevada, Page 232κ

CHAPTER 119

 

 

 

 

 

 

 

 

 

 

 

 

 

Contracts under Carey act limited; forfeited, when

 

Provisos

Chap. 119–An Act to amend an act entitled “An act in relation to the act of Congress known as the Carey Act and all acts amendatory thereof and supplemental thereto and governing the state commission of industry, agriculture and irrigation as heretofore or may be hereafter created and established by law in the control of the selection, management and disposal of all lands granted the state under the provisions thereof,” as approved March 17, 1911.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That section nine (9) of said act be amended as follows, to read:

      Section 9.  All contracts shall state that the works covered by the contract shall begin within six (6) months of the day of the contract and that the construction shall be prosecuted diligently and continuously to completion, and that the cessation of work under a contract for a period of six months shall forfeit to the state all rights under said contract and the penal sum named in the bond; provided, that no property or right which was vested in the applicant or contractor at the date of the contract shall be forfeited; and, provided also, that in cases of contractors who, at the date of the application, own or have vested rights in water, and in a reservoir site, canals, or other irrigation works, the forfeiture shall extend only to such portions of the system unconstructed at the time of default and to the penalty of the bond given by such contractor.

 

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CHAPTER 120

 

 

 

 

 

 

 

 

 

Certain city and town plats legalized, how

Chap. 120–An Act to restore, adopt, fix, amplify, correct and establish, in certain contingencies, city and town plats, and to fix, settle, establish, determine and adjudicate real property rights affected thereby.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That whenever the map or maps, or plat or plats of any city or of any part or subdivision thereof or addition thereto, heretofore filed or recorded in accordance with the then existing law or laws, or that may hereafter be filed and recorded in accordance with this or other subsisting acts, shall, by reason of error or mistake, or lack of sufficient description, or by reason of the fact that the original map or maps, plat or plats, have been lost or destroyed, or by reason of the fact that there have been filed or recorded two or more conflicting maps or plats for such city or part or subdivision thereof or addition thereto, be uncertain or ambiguous;


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κ1919 Statutes of Nevada, Page 233 (CHAPTER 120)κ

 

ambiguous; or whenever by reason of the mistaken, faulty, erroneous platting or description of or on any such map or maps or plat or plats, or by reason of the destruction of section corners or other artificial or natural monuments, there shall be any substantial uncertainty, ambiguity or confusion as to the correct and accurate description or location of the lands, blocks or lots therein described or the lines of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries, or other pieces or parcels devoted to public use; such lost or destroyed map or maps or plat or plats, may be restored or such faulty, erroneous or ambiguous map or maps, or plat or plats, may be corrected, or the confusion, ambiguity or uncertainty arising by reason of there being two or more conflicting maps or plats, or by reason of the destruction of section corners or other artificial or natural monuments, may be cured as hereinafter in this act specified.

      Sec. 2.  The city council, or other legislative board of any such city, either upon its own motion or resolution or upon the petition of any property holder and taxpayer within said city, affected by such loss, destruction, uncertainty, ambiguity, confusion, or conflict, may instruct and employ the city engineer of said city, or the county engineer of the county in which said city is situate, or any other competent surveyor or civil engineer, to make a complete survey of such city or of such part or subdivision thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat shall be laid down and delineated all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries, and other properties devoted to public use. Said map or plat shall show by course and distance accurate ties with well-known and established section or quarter-section corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part or subdivision thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section or quarter-section corner, monument, or mark. Said map shall be entitled substantially as follows: “Map of survey of city of ………… (or of ………….subdivision of or addition to city of……………., as the case may be) under the provisions of an act of the legislature of the State of Nevada, approved …………. (giving date) and in accordance with a resolution of the board of supervisors of the city of………… (or as the case may be). Passed………….. (giving date).” Such map shall bear the sworn certificate of the engineer or surveyor making the same and shall be made upon vellum or tracing cloth, and shall be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries, and other property devoted to public use.

Certain city and town plats legalized, how

 

 

 

 

 

 

 

 

 

 

Duties of legislative board of city or town

 

 

 

 

 

Map

 

 

 

 

 

 

 

 

Title of map

 

 

 

 

Map sworn to by surveyor


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κ1919 Statutes of Nevada, Page 234 (CHAPTER 120)κ

 

Specifications concerning maps

 

 

 

 

 

 

 

 

 

 

Compensation of surveyor

 

 

 

 

 

 

Copies of said maps or plats

 

 

Public notice given

school property, cemeteries, and other property devoted to public use. Where there is any uncertainty as to the correct position, description, or line of any lot, block, street, alley, or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering, or other description, by reason of conflicting maps theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or maps, or plat or plats, or otherwise, the same shall be clearly shown or indicated. Wherever the line on which fences, buildings, or other improvements have been built in accordance with prior maps, plats, or surveys, or otherwise, and the same appear to be in conflict with the lines, points, or directions, as shown in the map or plat herein provided for, such conflict or conflicts shall likewise be clearly shown. Such map may be prepared in as many sections, and with such changes in scale as may be necessary to show clearly the matters herein required.

      Sec. 3.  The city council or other legislative board of said city shall allow to the city engineer or county engineer or other engineer employed for making such survey and maps, a reasonable compensation for his services and for the services of such assistant or assistants as he may employ in said work and such expenses as are necessary to mark permanently the points and lines of such survey. In the event that the engineer employed shall for any reason fail to complete the work within a reasonable time, said board or council may employ such other and further engineers or surveyors as may be necessary to complete said work.

      Sec. 4.  When said survey has been completed and said map or maps or plat or plats prepared as in this act provided, said board or council shall cause sufficient prints thereof to be made, whereupon the original map or maps so prepared shall be filed with the clerk of said board or council, who shall endorse the date of filing thereon and shall cause prints thereof to be placed on display in each of three public places within said city and shall give public notice thereof by posting in at least three public places in said city and by publication in a newspaper printed and published in said county and of general circulation in said city, at least once a week for four successive weeks. Such notice shall state briefly the filing of said plat or map, the purpose thereof and the places where the same is on display, and shall notify all persons that may be affected thereby to file their written objections or exceptions thereto, if any they have, with said board or council, not more than sixty days from the date of the first publication of said notice and that after the expiration of such period said maps or plats will be filed with the district court for their adoption and approval in accordance with the provisions of this act. The posting shall be made within five days of the first publication. If no newspaper is printed or published within the county, the publication shall be made in a newspaper printed and published in one of the counties nearest thereto.


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κ1919 Statutes of Nevada, Page 235 (CHAPTER 120)κ

 

no newspaper is printed or published within the county, the publication shall be made in a newspaper printed and published in one of the counties nearest thereto. The due publication of said notice shall be shown by the affidavit of the manager or publisher of the newspaper in which the same is published, and the posting of said notice shall be shown by affidavit of the clerk or of the person posting said notices. Said board or council shall also furnish additional blue or blue-line prints of said maps or plats at a reasonable cost to any parties desiring such copies.

      Sec. 5.  Objections or exceptions to such maps or plats shall be in writing, under the oath of the objecting or excepting party, and shall be filed with the clerk of said board not later than sixty days after the first publication of said notice and the clerk shall endorse his filing marks thereon. Such objections or exceptions need not be in any precise or particular form, but shall state clearly the nature of the objection or exception and the grounds and facts upon which the same are based and shall conform so far as may be practicable to pleadings in courts of record. No answer or reply need be made or filed to put such objections or exceptions at issue, but the same shall be considered at issue upon the said map or plat and the said objections or exceptions thereto. Such objections or exceptions shall be entitled: “Before the (or city council, etc., as the case may be) of the city of ……………., county of ……………., State of Nevada. In the matter of the adoption of a map or plat of and for the city of ……………. (or the ……………. subdivision of, or addition to, such city, as the case may be).”

      Sec. 6.  Within thirty days after the expiration of the said sixty days from the date of said first publication, said city council, or other legislative board of said city shall commence an action in the district court of the State of Nevada, in and for the county in which said city is situate, in which such city shall be the party plaintiff and in which shall be joined as parties defendant, all persons who are by the plaintiff known to have, or appear by the assessor’s lists in said county to have any interest, whether legal or equitable and whether in possession or expectancy, in or to any of the blocks, lots, or any other pieces or parcels of property, whose title would be affected by the adoption of said map or maps or plat or plats. Such action shall be commenced by the filing of a complaint, in which the plaintiff shall set forth the making and filing of said map or maps, plat or plats, in accordance with the provisions of this act and the other and further things and notices herein required. Together with said complaint the said plaintiff shall file such map or maps or plat or plats, together with such written objections or exceptions thereto as may have been filed as herein provided and shall pray said court for an order adopting, fixing, and establishing said map or maps or plat or plats, and fixing, settling, establishing, determining, and adjudicating the points, lines, descriptions, metes, bounds, names, numbers, and letters of all blocks, lots, streets, alleys, highways, parks, schools, cemeteries, and other properties devoted to public use and all lines and corners therein shown.

 

 

 

 

 

Copies sold at cost

 

Objections to map, how made

 

 

 

 

 

 

 

Title of objection

 

 

 

 

Legal action in court, when

 

 

 

 

 

 

Method of procedure


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κ1919 Statutes of Nevada, Page 236 (CHAPTER 120)κ

 

Method of procedure

 

 

 

 

 

 

 

Summons

 

 

Summons to cover subject generally

 

Summons posted

 

 

 

 

 

 

Unknown owners

 

 

 

 

 

 

 

Further pleadings; civil practice act

ing, fixing, and establishing said map or maps or plat or plats, and fixing, settling, establishing, determining, and adjudicating the points, lines, descriptions, metes, bounds, names, numbers, and letters of all blocks, lots, streets, alleys, highways, parks, schools, cemeteries, and other properties devoted to public use and all lines and corners therein shown. At the time of commencing such action the plaintiff shall cause to be filed in the office of the county recorder of the county in which said property is situate, a notice of the pendency of said action and such notice, when recorded, shall be considered a notice thereof to all persons to the extent and effect now provided in the civil practice act of the State of Nevada. The summons shall be served as provided in sections 80 to 92 of the civil practice act, being sections 5022 to 5034 of the Revised Laws of the State of Nevada, 1912, as amended.

      Sec. 7.  The summons in said action need not contain a description by lot or block numbers or by metes or bounds, but shall refer generally to the purpose of the action and shall contain the name of the city or part or subdivision thereof or addition thereto, to be affected by said action. A copy of said summons shall be posted in three conspicuous places within said city within ten days after the filing of said complaint. After the service of said summons and complaint, as herein provided, and the filing of said notice of the pendency of such action and the posting of summons, as in this section specified, all of the property within such city or part or subdivision thereof or addition thereto, shall, for all of the purposes of said action, be conclusively deemed within the jurisdiction of the said district court in which such action is brought. If the names of the owner or owners of any of the property within said city shall be unknown to the plaintiff, such fact may be recited in the complaint in said action and any and all such owners impleaded under fictitious names, and the complaint may be thereafter amended if the true names of such fictitious defendants or any of them be thereafter ascertained. The judgment and decree in said action shall be binding and conclusive as to all of the property affected, whether the owners, or one or more thereof, of any of the parcels of property within said city be actually named as party or parties defendant or not.

      Sec. 8.  Further pleadings may be served and filed in said action in all respects as provided in the civil practice act for other actions and the cause shall proceed in all respects in accordance with the regular practice in courts of record in this state. When the cause is at issue upon the plaintiff’s complaint and the respective answers of such defendants as shall have appeared in said action, and the reply of plaintiff to any affirmative matters set up in any one or more of such answers, and when the default of all defendants failing to appear has been entered, the court shall set the matter down for hearing at the earliest practicable date and the hearing thereof shall have precedence over all other matters upon the calendar, except matters of a similar nature and except hearings on temporary or permanent injunctions and except such matters as are given precedence by law.


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κ1919 Statutes of Nevada, Page 237 (CHAPTER 120)κ

 

for hearing at the earliest practicable date and the hearing thereof shall have precedence over all other matters upon the calendar, except matters of a similar nature and except hearings on temporary or permanent injunctions and except such matters as are given precedence by law.

      Sec. 9.  Findings of fact and conclusions of law and judgment shall be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in said civil practice act. The court or judge thereof shall in said findings and decree adopt, settle, determine, fix, and establish a definite map or plat of said city or part or subdivision thereof or addition thereto, in accordance with the pleadings and proof and shall, by reference, make a part of said findings and judgment the said map or plat so adopted, settled, determined, fixed, and established. Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous, or faulty maps or plats have been insufficiently or incorrectly platted, numbered, or lettered, the omission, insufficiency, or fault shall be supplied and corrected in accordance with such pleadings and proof. If the said map or maps or plat or plats prepared by said engineer as hereinbefore provided shall by reason of the said pleadings, proof, findings, and judgment, be inadequate or impracticable of use for said judgment, the said judgment or decree may require the making of a new map or maps or plat or plats, in accordance with the provisions of the findings and judgment. A certified copy of such judgment, together with such map or maps or plat or plats as shall finally be adopted, settled, determined, fixed, and established by the said court, shall be filed in the office of the county recorder of the county in which said action is tried. All the ties and descriptions of section or quarter-section corners, monuments, or marks, required by section 2 of this act shall appear on such map finally established by said judgment. The county recorder shall collect his regular fees for the recording of the certified copy of said judgment, and shall collect a fee of $10 for the filing of the said map or maps or plat or plats.

      The said judgment may require that all prior existing maps in conflict with the map or plat adopted, shall be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.

      Sec. 10.  The city council, or other legislative board of said city, may cause such action to be commenced and prosecuted by the city attorney of such city or the district attorney of the county in which such city is situate or may retain additional or other counsel for the purpose of said action and may allow a reasonable sum for the compensation of the attorney or attorneys so acting.

      Sec. 11.  The court or judge trying said cause may refer any questions of fact arising therein to a referee or commissioner for findings and determination, and the findings of such referee or commissioner shall be subject to review by such court or judge.

 

 

 

 

Civil practice act to govern proceedings

 

 

 

 

 

 

 

 

 

 

 

New map, when

 

Judgment

 

 

 

 

County recorder’s fee

 

 

Substitution of new map

 

 

Municipal board to begin proceedings

 

 

 

Referee or commissioner, when


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κ1919 Statutes of Nevada, Page 238 (CHAPTER 120)κ

 

 

 

 

 

 

 

 

Property condemned, how

 

 

 

 

 

 

 

Substitution of terms and words

 

 

 

Additional rights and remedies

 

In effect

such referee or commissioner shall be subject to review by such court or judge. The court or judge before whom said cause is tried shall have full jurisdiction over all questions that may be properly at issue upon the pleadings, including such issues that may arise by reason of any conflict between the lots, blocks, streets, alleys, highways, parks, cemeteries, schools, and other public properties, or the lines or corners thereof, as shown by said map or maps or plat or plats filed with said complaint, and the rights or alleged rights of any one or more of the owners of any of the property described in said complaint or embraced in said map or maps or plat or plats. In the event that it is necessary, for the purpose of fixing and establishing said map or maps or plat or plats, to devote any pieces or parcels of property owned by any of the defendants within said city, subdivision, or addition, to public uses as streets or alleys, it shall be proper for the court or judge to appoint three appraisers, who shall appraise and assess the value of such property and the court may condition the approval of such map or plat on the payment or proper tender by plaintiff to such party defendant of such assessed sum. Any two of such three appraisers shall be competent to act and their appraisement or assessment shall be subject to review by the court.

      Sec. 12.  This act shall apply to like extent to towns within the State of Nevada, the word “town” being substituted wherever the word “city” appears herein and “the legislative board of said town” (or, in the event that such town have no legislative board, then the “board of county commissioners of the county in which such town is situate”) shall be substituted for “city council or other legislative board of said city.”

      Sec. 13.  The rights and remedies in this act provided for, shall be in addition to those existing under subsisting acts in regard to the establishing and vacating of townsites or parts thereof or property devoted to public purposes therein.

      Sec. 14.  This act shall become operative from and after its passage and approval.

 

________

 

CHAPTER 121

 

Chap. 121–An Act appropriating the sum of fifty dollars out of the legislative fund of the twenty-ninth session of the Nevada legislature to be paid to A. W. Clark, porter of the senate, and Jerry Coleman, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-ninth session.

 

[Approved March 27, 1919]

 

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-ninth session of the Nevada legislature,


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κ1919 Statutes of Nevada, Page 239 (CHAPTER 121)κ

 

of the Nevada legislature, of which twenty-five dollars is to be paid to A. W. Clark, porter of the senate, and twenty-five dollars to be paid to Jerry Coleman, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-ninth 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.

Appropriation, $25 each to A. W. Clark and J. Coleman

 

Controller to draw and treasurer to pay warrants

 

________

 

CHAPTER 122

Chap. 122–An Act to authorize the district attorney of Elko County, Nevada, to employ an office stenographer, fixing the compensation of said stenographer, and providing for the payment of the same.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act the district attorney of Elko County, Nevada, shall and is hereby authorized to employ a stenographer for his office, at a salary not to exceed twelve hundred ($1,200) dollars per annum. Said salary to be paid by Elko County, Nevada, in monthly installments of not to exceed one hundred ($100) dollars per month and at the same time and in the same manner that the salaries of the other county officers are paid. This act shall expire January 1, 1921.

 

 

 

 

 

 

 

 

 

Authorizing stenographer for Elko County district attorney

 

 

 

Act limited

 

________

 

CHAPTER 123

Chap. 123–An Act to amend section two hundred eighty-four 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 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 284 of the above-entitled act, the same being section 5226, Revised Laws of Nevada, 1912, is hereby amended so as to read as follows:

      Section 284.  Trial by jury may be waived by the several parties to an issue of fact in actions arising on contract, or for the recovery of specific real or personal property, with or without damages, and with the assent of the court in other actions, in the manner following:

      1.  (a) If a party or his attorney is present at the setting of the cause for trial or has notice thereof, then by failing to demand a trial by jury at or before such setting.

 

 

 

 

 

 

 

 

 

Amending civil practice act

Trial by jury, how waived


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κ1919 Statutes of Nevada, Page 240 (CHAPTER 123)κ

 

Trial by jury, how waived

      (b) If such party or his attorney is not present at or has no notice of such setting, then by failing to demand a trial by jury within five days after receiving written notice of such setting.

      2.  By failing to appear at the trial.

      3.  By written consent, in person or by attorney, filed with the clerk.

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

 

________

 

CHAPTER 124

 

 

 

 

 

 

 

Trust funds, how paid in event of death of trustee

Chap. 124–An Act relative to payment of deposits in trust.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Whenever any deposit shall be made in any bank, savings bank, or trust company doing business within this state, by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust shall have been given in writing to the bank, in the event of the death of the trustee, the same, or any part thereof, together with the dividends or interest thereon, may be paid to the person for whom said deposit was made.

 

________

 

CHAPTER 125

 

 

 

 

 

 

 

Deposits in two names; bank may pay to either party

Chap. 125–An Act relative to payment of deposits in two names.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  When a deposit has been made, or shall hereafter be made, in any bank or trust company transacting business in this state in the names of two persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of said persons, whether the other be living or not; and the receipt or acquittance of the persons so paid shall be a valid and sufficient release and discharge to the bank for any payment so made.

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 241κ

CHAPTER 126

Chap. 126–An Act authorizing any bank or trust company incorporated under the laws of this state to become a member of a federal reserve bank; vesting in such bank or trust company all powers conferred upon member banks by the federal reserve act, subject to the restrictions and limitations imposed by or under that act; providing as to reserve requirements and examinations.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The words “Federal Reserve Act,” as herein used, shall be held to mean and to include the act of Congress of the United States approved December 23, 1913, as heretofore and hereafter amended. The words “Federal Reserve Board” shall be held to mean the federal reserve board created and described in the federal reserve act. The words “Federal Reserve Bank” shall be held to mean the federal reserve banks created and organized under authority of the federal reserve act. The words “Member Bank” shall be held to mean any national bank, state bank or banking and trust company which has become or which becomes a member of one of the federal reserve banks created by the federal reserve act.

      Sec. 2.  That any bank or trust company incorporated under the laws of this state shall have the power to subscribe to the capital stock and become a member of a federal reserve bank.

      Sec. 3.  Any bank or trust company incorporated under the laws of this state which is, or which becomes, a member of a federal reserve bank is, by this act, vested with all powers conferred upon member banks of the federal reserve banks by the terms of the federal reserve act as fully and completely as if such powers were specifically enumerated and described herein, and all such powers shall be exercised subject to all restrictions and limitations imposed by the federal reserve act, or by regulations of the federal reserve board made pursuant thereto. The right, however, is expressly reserved to revoke or to amend the powers herein conferred.

      Sec. 4.  A compliance on the part of any such bank or trust company with the reserve requirements of the federal reserve act shall be held to be a full compliance with those provisions of the laws of this state which require banks or trust companies to maintain cash balances in their vaults or with other banks, and no such bank or trust company shall be required to carry or maintain reserve other than such as is required under the terms of the federal reserve act.

 

 

 

 

 

 

 

 

 

 

 

Words “Federal Reserve Act,” “Federal Reserve Bank,” and “Member Bank” defined

 

 

 

 

Bank may become member

 

Said bank vested with powers of member banks of federal reserve banks

 

 

Rights reserved

 

What considered compliance with state banking laws


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 242 (CHAPTER 126)κ

 

Subject to state banking laws

      Sec. 5.  Any such bank or trust company shall continue to be subject to the supervision and examinations required by the laws of this state, except that the federal reserve board shall have the right, if it deems necessary, to make examinations; and the authorities of this state having supervision over such bank or trust company may disclose to the federal reserve board, or to examiners duly appointed by it, all information in reference to the affairs of any bank or trust company which has become, or desires to become, a member of a federal reserve bank.

 

________

 

CHAPTER 127

 

 

 

 

 

 

 

 

 

What shall be deemed due diligence in presenting negotiable instruments for payment

Chap. 127–An Act authorizing banks to forward checks and other negotiable instruments for collection directly to the banks upon which the checks or other negotiable instruments are drawn or at which they are made payable.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Any bank, banker or trust company, hereinafter called bank, organized under the laws of, or doing business in, this state, receiving for collection or deposit any check, note or other negotiable instrument drawn upon or payable at any other bank located in another city or town, whether within or without this state, may forward such instrument for collection directly to the bank on which it is drawn or at which it is made payable and such method of forwarding direct to the payor shall be deemed due diligence, and the failure of such payor bank, because of its insolvency or other default, to account for the proceeds thereof, shall not render the forwarding bank liable therefor; provided, however, such forwarding bank shall have used due diligence in other respects in connection with the collection of such instrument.

 

________

 

CHAPTER 128

 

 

 

 

 

 

 

 

 

 

 

Concerning registration of voters

Chap. 128–An Act to amend section 11 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act is hereby amended so as to read as follows:

      Section 11.  Registration offices shall be open for registration of voters for any election, Sundays and legal holidays excepted, from and after the first day of June in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a. m. and 5 p. m.;


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 243 (CHAPTER 128)κ

 

and between the hours of 9 a. m. and 5 p. m.; provided, that the office of the county clerk, as ex officio registrar, shall be open for registration of voters for any election at all times when said office is open for the transaction of his business as county clerk; provided further, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precinct in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. The county clerk shall, immediately after filling out the registry card as herein provided, and as soon after receipt of cards from the deputy registrar as possible, enter upon the official register of the county, in the proper precinct, the full information concerning any elector as shown by such cards.

 

 

 

 

Registry cards

 

 

 

 

 

Entered on official county register

 

________

 

CHAPTER 129

Chap. 129–An Act to authorize the board of county commissioners of Pershing County to issue bonds for the purpose of creating a fund for the purchase of a site and the erection and furnishing of county buildings, in the city of Lovelock, the payment of transcribing of records and the payment of current expenses.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Pershing County, Nevada, is hereby authorized and empowered to issue bonds of said county, for an amount not exceeding the sum of seventy-five thousand ($75,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of a site and the erection and furnishing of county buildings, in the city of Lovelock, the payment of transcribing of records and payment of current expenses of said county of Pershing.

      Sec. 2.  Prior to the first Monday in May, 1919, the board of county commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the chairman of the said board, countersigned by the county clerk and treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bonds, and each of such coupons shall be consecutively numbered and signed by the chairman of said board and by the county clerk and treasurer, or their facsimile signatures shall be lithographed thereon.

 

 

 

 

 

 

 

 

 

 

Pershing County to issue bonds for county buildings, etc., $75,000

 

 

 

County commissioners to issue bonds


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 244 (CHAPTER 129)κ

 

 

 

Clerk to keep record of bonds

 

 

 

County commissioners to negotiate sale of bonds

 

 

 

 

 

 

 

Pershing County equipment bonds; denomination, interest

 

 

Life not to exceed 20 years

 

 

 

 

Moneys from bonds for site and erection of county buildings

 

 

 

 

County treasurer liable

said board and by the county clerk and treasurer, or their facsimile signatures shall be lithographed thereon.

      Sec. 3.  The clerk of said board of county commissioners shall keep an accurate and full record of all proceedings under the provisions of this act, and shall keep a record showing the number, amount and date of each bond, and to whom sold. The county treasurer of Pershing County shall in like manner and form keep a record of such bonds.

      Sec. 4.  The board of county commissioners of said Pershing County is authorized and directed to negotiate the sale of said bonds, or so much thereof as may be necessary for the purpose of carrying out the provisions of this act, and particularly for the purposes of purchasing a site, erecting and furnishing county buildings and offices in the city of Lovelock, the payment for transcribing of records, and the payment of current expenses of said county; said bonds shall be sold at public sale, after notice for sealed proposals for the purchase of said bonds has been advertised for not less than three weeks and at least once a week in a newspaper of general circulation in said Pershing County. Said board may reject any and all bids and no bonds shall be sold for less than par.

      Sec. 5.  Said bonds shall be known as Pershing County equipment bonds, and shall be in denomination of one thousand ($1,000) dollars each and payable in lawful money of the United States of America. They shall be consecutively numbered, commencing with number one, and shall bear interest at the rate of not to exceed six per cent (6%) per annum. Said interest shall be payable semiannually on the first days of May and November of each year. Said bonds shall run for a period not to exceed twenty years and two of said bonds shall be redeemed at the expiration of four years from the date of said bonds, and five of said bonds shall be redeemed at the expiration of each and every year thereafter until all of said bonds shall have been redeemed and retired. Said redemption and cancelation of bonds shall be in order of their issuance and number.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said Pershing County, who shall receive and safely keep the same in a fund to be known as Pershing County equipment fund, and moneys shall be paid out of said fund to purchase a site for county buildings in the city of Lovelock, the erection and furnishing of county buildings and offices in said city, the payment of the expenses of transcribing county records and for the payment of current county expenses of Pershing County.

      Sec. 7.  The county treasurer of said Pershing County shall be liable upon his official bond for the safe-keeping of all moneys that shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 245 (CHAPTER 129)κ

 

sions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds under this act and the interest thereon, the board of county commissioners of Pershing County is hereby authorized and directed to levy and collect annually, until all said bonds and interest thereon have been fully paid, a special tax on all property, real and personal, including the proceeds of mines subject to taxation within the boundaries of Pershing County, sufficient to pay the interest on said bonds and to pay and redeem two of said bonds at the expiration of four years from the date of said bonds, and sufficient to pay and redeem five of said bonds annually thereafter as heretofore provided herein, and to continue until all said bonds have been fully paid and redeemed. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed, levied and collected and the proceeds thereof shall be kept in a special fund to be known as the Pershing County equipment bond interest and redemption fund.

      Sec. 9.  It shall be the duty of the county treasurer to use the money in the said fund to pay the interest on said bonds, and to redeem said bonds as they severally become due. Whenever any bonds or interest coupons shall be redeemed or paid, the county treasurer shall cancel the same by writing across the face thereof “Paid,” together with the date of the payment, and sign his name thereto, and deliver the same to the auditor of said Pershing County, taking his receipt therefor, and said auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 10.  Whenever the bonds and interest provided by this act shall have been fully paid, the tax authorized hereby shall cease; and all moneys remaining in said fund shall be by order of the board of county commissioners transferred to the general fund of Pershing County to be used to pay legal claims against said fund.

      Sec. 11.  Should any holder of any bond or bonds fail to present said bonds to the county treasurer of Pershing County for payment as the same become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 12.  The principal and interest on all bonds issued under this act shall be payable at the office of the county treasurer of Pershing County, at Lovelock, Nevada.

      Sec. 13.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full, as in this act specified.

 

Annual tax for interest and redemption of said bonds

 

 

 

 

 

 

 

 

 

 

Treasurer to pay interest, redeem and cancel bonds

 

 

 

 

Tax ceases, when

 

 

 

Interest ceases, when

 

 

Payable at Lovelock

 

Faith of state pledged

 

________

 

 


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κ1919 Statutes of Nevada, Page 246κ

CHAPTER 130

 

 

 

 

 

 

 

 

 

Salaries of named justices of the peace in Nye County

Tonopah justice

 

Manhattan justice

 

Round Mountain justice

 

Salaries full payment

 

 

 

 

Fees only to justices not named

 

Repeal

In effect

Chap. 130–An Act to amend an act entitled “An act fixing the salaries of certain justices of the peace in the county of Nye, in the State of Nevada, and other matters relating thereto,” approved March 14, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Certain justices of the peace, in certain townships specifically named in said Nye County, State of Nevada, and their successors in office, shall receive the salaries named in this act, to wit:

      The justice of the peace in and for the township of Tonopah, in said county and state, shall receive a salary of twenty-four hundred dollars per annum.

      The justice of the peace in and for the township of Manhattan, in said county and state, shall receive a salary of twelve hundred dollars per annum.

      The justice of the peace in and for the township of Round Mountain, in said county and state, shall receive a salary of six hundred dollars per annum.

      The above-mentioned salaries shall be considered in full payment for all services in criminal and civil proceedings and shall be paid in twelve equal monthly installments, and the county auditor shall each month draw his warrant in favor of said officials for the salaries due for the last preceding month, and the county treasurer shall pay said warrants in like manner as the salaries of other county officers are paid.

      Sec. 2.  All other justices of the peace in said Nye County, State of Nevada, and their successors in office, shall receive no stipulated salary, but shall be permitted to retain all fees collected and allowed by law.

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

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

 

________

 

CHAPTER 131

 

 

 

 

 

 

 

 

 

Highway bonds for Mineral County, $30,000

Chap. 131–An Act authorizing, directing and empowering the board of commissioners of Mineral County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of commissioners of Mineral County, Nevada, is hereby authorized, directed and empowered to issue bonds of said Mineral County in the sum of not to exceed thirty thousand ($30,000) dollars and not to exceed six per cent (6%) interest thereon and not to run to exceed ten years and to be issued from time to time as may be required, in the usual form of county bond.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 247 (CHAPTER 131)κ

 

exceed six per cent (6%) interest thereon and not to run to exceed ten years and to be issued from time to time as may be required, in the usual form of county bond. The said board is also authorized, directed and empowered to levy an annual tax upon all the property within the said Mineral County subject to taxation for the purpose of paying the interest and principal of said bonds.

      Sec. 2.  Said bonds shall be sold by the said board at not less than the par value thereof and the proceeds thereof when sold shall be deposited with the treasurer of Mineral County to the credit of the Mineral county-state highway fund and shall be used solely for the purpose of aiding in the construction of state highways within the said Mineral County.

      Sec. 3.  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 issued under and by virtue thereof shall have been paid in full.

 

 

Tax for same

 

 

Must be sold at par value

 

 

 

Faith of state pledged

 

________

 

CHAPTER 132

Chap. 132–An Act to amend section 456 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.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 456 of the above-entitled act is hereby amended so as to read as follows:

      Section 456.  When the judgment of the supreme court shall have been given, it must be entered on the minutes, and a certified copy of the entry remitted to the clerk of the court from which the appeal shall have been taken. When the supreme court reverses or modifies the judgment of an inferior court on appeal, the clerk of the supreme court shall return to said inferior court with the remittitur therein the papers transmitted to the supreme court on appeal.

 

 

 

 

 

 

 

 

 

Amending criminal practice act

 

Entry of judgment; papers remitted to court below

 

________

 

CHAPTER 133

Chap. 133–An Act to prohibit the teaching of any subject or subjects other than foreign languages in the public or private schools in the State of Nevada except in the English language, and to provide a penalty for the violation thereof.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any board of school trustees, regents, or board of education, or for any teacher or other person teaching in the public or private schools in the State of Nevada, to cause to be taught or to teach any subject or subjects, other than foreign languages, in the public or private schools in the State of Nevada in any language except English.

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 248 (CHAPTER 133)κ

 

All subjects, except foreign languages, to be taught in English in public schools

Penalty for violation

trustees, regents, or board of education, or for any teacher or other person teaching in the public or private schools in the State of Nevada, to cause to be taught or to teach any subject or subjects, other than foreign languages, in the public or private schools in the State of Nevada in any language except English.

      Sec. 2.  Any school board, regents, trustees, teacher or other person violating the provisions of section 1 of this act shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense, and not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000) for any subsequent offense or offenses, or in lieu of said fine the court may confine said person or persons violating section 1 of this act in the county jail for not less than thirty (30) days, or more than one year.

 

________

 

CHAPTER 134

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for roads and highways in Washoe County; not to exceed $500,000

 

 

 

Certain highways and roads specified for improvement

Chap. 134–An Act to authorize, empower, and direct the board of county commissioners of the county of Washoe, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the improvement and construction of roads and highways within the county of Washoe, State of Nevada; to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Washoe County, Nevada, is hereby authorized, empowered, and directed to prepare and issue, in accordance with the provisions of this act, bonds of Washoe County, Nevada, for an amount not to exceed the sum of five hundred thousand dollars, exclusive of interest, for the purpose of creating a fund to be used for the improvement and construction of roads and highways, together with the necessary bridges, culverts, and matters incident thereto, within said Washoe County, and in particular as follows:

      To construct and improve, by surfacing with permanent, durable material, to be selected by said board of county commissioners, a road or highway in said Washoe County, running from the Nevada-California boundary line on the west, through Verdi, Reno, Sparks, Wadsworth, and to the eastern boundary line of said Washoe County, a road or highway in said Washoe County running from Reno south through Huffakers, Steamboat, around Washoe Lake, and to the southern boundary of said Washoe County; a road or highway in said Washoe County running from Reno northwesterly to the Nevada-California boundary line;


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 249 (CHAPTER 134)κ

 

northwesterly to the Nevada-California boundary line; and to improve in such manner as the said board of county commissioners shall deem necessary the road or highway running from Reno to Pyramid Lake, to Gerlach, to Long Valley, northerly to the Oregon line and any and all other roads and highways in said Washoe County.

      Sec. 2.  The said board of county commissioners shall only issue each year, as near as may be, sufficient of said bonds to provide the funds necessary for the construction and improvement work on roads and highways completed or to be completed in the year said bonds are issued.

      Sec. 3.  The said board of county commissioners shall cause said bonds to be prepared and made ready for issuance. Such bonds shall be signed by the chairman of said board, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and bear the signatures of the chairman of said board and the county treasurer.

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

      Sec. 5.  Said bonds shall be in such form and denominations as said board of county commissioners may direct, and shall run for a period of from one year to not exceed twenty years from the date of the passage of this act, bearing interest at a rate not to exceed six (6%) per cent per annum. Interest shall be payable semiannually, on the first day of July and the first day of January of each year, at the office of the county treasurer of said Washoe County.

      Sec. 6.  At the end of five years after the issuance of the first series of said bonds, said board of county commissioners shall redeem at least thirty-three thousand ($33,000) dollars worth of said bonds, and each year thereafter shall redeem at least thirty-three thousand ($33,000) dollars worth of said bonds, until the entire issue, together with the interest thereon, shall have been fully paid, canceled, and retired, within twenty years from the date of the passage of this act; and said bonds shall be issued in tenor and effect to accord with the provisions of this section.

      Sec. 7.  The said board of county commissioners is hereby authorized to negotiate the sale of said bonds, or such number thereof as it may deem necessary, by publishing a notice of such proposed sale in a newspaper, or newspapers, published in said county for at least ten days before such bonds are disposed of, inviting sealed bids to be made for said bonds, reserving and having the right to reject any and all bids, and said bonds shall be sold only to the highest or most advantageous bidder therefor; provided, that no bonds shall be sold for less than par value and accrued interest; and provided further, that all bonds shall be payable in gold coin or currency of the United States, and the interest thereon shall be payable in like gold coin or currency.

 

 

 

 

Bonds issued as money needed

 

 

County commissioners to prepare said bonds

 

 

 

 

 

Clerk to keep record

 

 

Commissioners to direct form and denomination of bond; interest not to exceed 6%

 

 

Redemption of bonds

 

 

 

 

 

 

Commissioners to negotiate sale of bonds; bids invlted by advertisement

 

 

Provisos


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 250 (CHAPTER 134)κ

 

 

 

 

“County Roads and Highways Improvement and Construction Fund”

 

 

 

Special tax on all property

 

 

 

 

 

 

 

 

 

 

Residue to revert to county general fund

 

County treasurer to redeem and cancel bonds

 

 

 

 

 

Interest ceases, when

be sold for less than par value and accrued interest; and provided further, that all bonds shall be payable in gold coin or currency of the United States, and the interest thereon shall be payable in like gold coin or currency.

      Sec. 8.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund known as “County Roads and Highways Improvement and Construction Fund,” and to pay out said moneys only for the purposes for which the same were received, and in the same manner as other claims against said county are presented, allowed, and paid.

      Sec. 9.  For the purpose of creating a fund for the payment of the principal and interest of the bonds so issued, the said board of county commissioners is authorized, empowered, and directed to levy and collect annually thereafter a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Washoe County, until said bonds and the interest thereon shall have been fully paid and discharged, sufficient to pay the interest upon said bonds, and to provide a fund for the payment of the principal of the same, according to their tenor and effect. 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 “County Roads and Highways Improvement and Construction Bond Redemption Fund,” and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of the said bonds shall have been fully paid, and all of said bonds retired, any and all moneys remaining on hand in said special fund shall be transferred to the general fund of said Washoe County.

      Sec. 10.  Whenever the county treasurer of said Washoe County shall pay and redeem any bond issued under the provisions of this act, he shall forthwith cancel the bond, or bonds, and coupons by writing across the face thereof the word “Paid,” and perforate the same, together with the date of such payment, and 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 said board of county commissioners, and the auditor of said Washoe County shall credit the said treasurer on his books for the amount so paid.

      Sec. 11.  Should the holder of said bonds, or any of them, from any cause whatever, fail to present such bonds to the said county treasurer when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 12.  The said board of county commissioners is hereby authorized to enter into and execute contracts with the directors of the state department of highways of Nevada, in the name of the county of Washoe and of the State of Nevada, respectively, for the purpose of improving and constructing the highways and roads herein mentioned.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 251 (CHAPTER 134)κ

 

authorized to enter into and execute contracts with the directors of the state department of highways of Nevada, in the name of the county of Washoe and of the State of Nevada, respectively, for the purpose of improving and constructing the highways and roads herein mentioned. Said board of county commissioners shall have power to pledge funds derived from the sale of bonds herein authorized, so as to cooperate and to execute and carry out contracts with the state department of highways for such improvement and construction; provided, that in any and all such contracts with the said state department of highways, the said board of county commissioners shall require the said department of highways to pledge funds and pay for such improvement and construction in an amount equal to that pledged and contracted to be paid by the said board of county commissioners. The state department of highways is hereby authorized to contract, in the name of the State of Nevada, with the said board of county commissioners, for the improvement and construction of roads, as in this act authorized. Said contract, or contracts, shall be executed as now provided by law for the execution of other contracts by said boards.

      The funds available for improvement and construction under such contract or contracts may be pledged by the state department of highways in meeting the state requirement necessary to receive federal funds under the provisions of an act of Congress entitled “An act to provide that the United States shall aid the states in the construction of rural post-roads, and for other purposes,” approved July 11, 1916, and all amendments thereto, and any other similar federal act; provided, that nothing herein shall authorize the expenditure of any funds received from the sale of bonds, or made available by virtue of this act, to be expended outside of the boundaries of Washoe County, Nevada.

      Sec. 13.  This act shall take effect and be in force from and after its passage and approval.

To cooperate with state department of highways

 

 

 

 

Provisos

 

 

Equal amounts from state and county

 

 

 

 

All funds for improvements within Washoe County

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 135

Chap. 135–An Act to provide for the construction of an addition and an annex; and alterations and repairs to the state orphans’ home, making an appropriation therefor, and other matters relating therewith.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of directors of the state orphans’ home is hereby authorized and directed to construct and equip a new addition and an annex upon the grounds belonging to the state orphans’ home, and such alterations in the present building as are necessary, and to provide for the heating, lighting and furnishing of the said new annex and addition.

 

 

 

 

 

 

 

 

 

Addition and annex to state orphans’ home


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 252 (CHAPTER 135)κ

 

 

 

 

 

Bids

 

 

Proviso

 

Material from state prison quarry

 

 

Warden to furnish material at actual cost

 

 

 

 

 

Time and amounts of payments to be provided for

 

 

 

 

Heating and lighting systems

 

 

 

 

Bids for furniture

heating, lighting and furnishing of the said new annex and addition. Said board shall on or before the first day of May, 1919, employ a competent architect to prepare and submit plans to the said board for the construction of said annex and addition, the said plans to be delivered to, and approved and adopted by the said board within sixty days thereafter, whereupon the said board shall forthwith advertise for the period of four weeks for sealed bids for the construction of said annex and addition, in accordance with the specifications which shall be on file subject to inspection. Said board shall let said contract to the lowest responsible bidder; provided, that any and all bids may, for sufficient reason, be rejected.

      Sec. 2.  The specifications shall include a requirement that the walls shall be of stone from the state prison quarry, or like material, and shall provide that the contractor give notice at stated times in advance of his requirements for such material. One or more contracts may be let for the work.

      Sec. 3.  Upon application by the board of directors, the board of state prison commissioners shall direct the warden of the state prison to furnish for said buildings such stone and rubble as may be required, at the actual cost of the same. In order that no delay may occur on account of lack of material, the board of state prison commissioners is hereby directed to instruct said warden, immediately on the passage of this act, to prepare and keep on hand an amount of dressed stone sufficient to complete the construction herein provided for.

      Sec. 4.  The board of directors shall provide in all contracts for the time and amounts of payments thereon, as the work progresses, a reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by said board. Good and sufficient bonds to protect the state shall be required from the contractors. The board of directors, through its chairman, shall approve all proper claims before the same shall be presented to the board of examiners, and the board of examiners shall not pass upon any claim or demand not so approved.

      Sec. 5.  The architect shall also prepare plans and specifications for extending the heating and lighting systems for the said buildings, and shall deliver all of said plans and specifications together. Said board of directors shall advertise for four weeks for sealed bids for the extending of said heating and lighting systems, at the same time and on the same conditions and terms as for construction. Said board shall, at an appropriate time before the construction herein provided for shall have been completed, likewise advertise for bids for furniture, etc., made necessary through said construction, and shall likewise let contracts therefor, to be completed within such time as said board shall require in said contracts.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 253 (CHAPTER 135)κ

 

      Sec. 6.  All contracts shall include specifications for times of completion, which, as to the construction of the building and the extending of lighting and heating system, shall not be later than the first day of July, 1920, and as to the furnishings shall not be later than sixty days after the letting of the contract therefor.

      Sec. 7.  For the purpose of carrying out the provisions of this act the sum of fifty thousand dollars ($50,000) is hereby appropriated out of any money in the state treasury not otherwise appropriated. All claims and demands shall be audited and paid, after approval and allowance, as other claims against the state. The state controller is hereby authorized and directed to draw his warrants in payment of said claims, and the state treasurer is hereby authorized and directed to pay the same.

Time limit for completion of contracts

 

 

Appropriation, $50,000

 

________

 

CHAPTER 136

Chap. 136–An Act to provide for the collection of historical facts and material connected with Nevada’s participation in the great war and assigning to the Nevada historical society the work of compiling the history of Nevada in the said war, and making an appropriation therefor.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Nevada historical society is hereby authorized and directed to collect and compile the facts relative to the participation of the State of Nevada and of Nevadans in the military and naval service of the United States and in all civilian activities connected with the prosecution of the great war and to prepare a volume properly setting forth these facts as an historical record.

      Sec. 2.  The Nevada historical society is hereby authorized to become the custodian of all historical records, data, pictures and all war relics of the great war not properly a part of the records of regularly organized state departments which may be, or hereafter become, the property of the State of Nevada.

      Sec. 3.  The sum of five thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the purpose of carrying on this work, which shall be paid by warrant of the state controller on claims of the Nevada historical society properly approved by the secretary of the said society and countersigned by the state board of examiners.

      Sec. 4.  The state printer is hereby directed to print not to exceed ten thousand copies of the said historical volume on the requisition of the state board of examiners and to bind as many copies of the said edition as may be directed by the said board.

 

 

 

 

 

 

 

 

 

 

War history of Nevadans in world war

 

 

 

Historical society custodian of all data, relics, etc.

 

Appropriation for completion of history, $5,000

 

 

State printer to do printing and binding


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 254 (CHAPTER 136)κ

 

One copy to each Nevada soldier or sailor

 

Volumes to be sold

 

 

Fund reserved for preparation only

      It shall be lawful for the State of Nevada to supply one complimentary copy of the said volume to each soldier or sailor from the State of Nevada and referred to therein, or to the family of such soldier or sailor who may apply for the same.

      It shall be lawful for the state board of examiners to sell the said history at a price to be determined by the said board and any receipts from the sale thereof shall be deposited with the state treasurer to be placed in the general fund.

      No portion of the five thousand dollars hereinbefore appropriated for the preparation and compilation of this history shall be employed in printing the same.

 

________

 

CHAPTER 137

 

 

 

 

 

 

 

 

 

State highway revolving fund established

 

 

 

 

 

 

 

 

 

State engineer to use fund for paying current pay-rolls and bills

Chap. 137–An Act to amend an act entitled “An act to provide for a general highway law for the State of Nevada,” as approved March 23, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That section thirteen (13) of said act be amended to read as follows:

      Section 13.  All bills against the state highway fund for construction, improvement, or maintenance under the provisions of this act shall be certified by the state highway engineer and shall be presented and examined by the board of examiners, and when so allowed, upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer; provided, however, that upon the written request of the board of directors of the department of highways, the state controller of the State of Nevada is hereby authorized, empowered and directed to draw his warrant in favor of the state highway engineer in the sum of ten thousand ($10,000) dollars, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer is hereby authorized, empowered and directed to pay the same. The said sum of ten thousand ($10,000) dollars is to be known as the “State Highway Revolving Fund” and may be used by the said state highway engineer for the purpose of paying the current pay-rolls of the department of highways and other obligations requiring prompt payment, and for no other purpose; and all bills or demands paid by him from said fund shall after payment thereof be passed upon by the board of examiners in the same manner as other claims against the State of Nevada, and when approved by the board of examiners, the controller shall draw his warrant for the amount of such claim or claims in favor of the “State Highway Revolving Fund” to be paid to the order of the state highway engineer, and the treasurer shall pay the same.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 255 (CHAPTER 137)κ

 

treasurer shall pay the same. The state highway engineer is directed to deposit said state highway revolving fund in one or more banks of reputable standing, and to secure the said deposit or deposits by depository bonds satisfactory to the board of examiners.

Fund deposited in reputable banks

 

________

 

CHAPTER 138

Chap. 138–An Act concerning county officers in the county of Lyon, State of Nevada, fixing the salaries and compensation of said officers, regulating the appointment of deputies and the compensation thereof, and requiring said officers to make reports of all fees collected by them to the board of county commissioners of Lyon County; and other matters properly relating thereto, repealing all acts and parts of acts in conflict therewith.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of April, 1919, the following-named officers of Lyon County shall receive in payment for all services rendered by them the following salaries:

      The sheriff, for services as sheriff, shall receive an annual salary of three thousand dollars, payable in twelve equal installments, at the end of each calendar month.

      He shall pay into the county treasury each month all moneys collected by him as such sheriff, and at the same time shall prepare and file with the county clerk a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the previous month.

      Said salary shall be in full compensation for all services performed by him, as such sheriff within and for Lyon County.

      Said sheriff shall have authority to appoint a deputy and undersheriff, who shall act as jailer, and who shall receive an annual salary of fifteen hundred dollars, payable in twelve equal monthly installments.

      Said sheriff may, if the public needs of the county require, and when authorized and directed by the board of county commissioners, appoint one or more extra and additional deputy sheriffs for said Lyon County, whose appointments shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but shall not be in excess of one hundred twenty-five dollars per month for each extra deputy so appointed.

      The assessor, for services as assessor and bullion tax and personal property tax collector, shall receive a salary of one thousand eight hundred dollars per annum, payable in twelve equal monthly installments, at the end of each calendar month, which shall be in full compensation for all services rendered.

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of Lyon County officers

 

Sheriff

 

Fees go to county treasury

 

 

 

 

Deputy and jailer

 

 

Additional deputies, when

 

 

 

 

 

Assessor


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 256 (CHAPTER 138)κ

 

 

 

 

All fees paid into county treasury

 

 

 

 

Deputies

 

 

 

 

County clerk

 

 

Fees

 

Monthly report

 

 

 

Deputy

 

Additional deputies, when

 

 

 

 

Recorder and auditor

 

 

Fees paid over

 

Monthly report

one thousand eight hundred dollars per annum, payable in twelve equal monthly installments, at the end of each calendar month, which shall be in full compensation for all services rendered.

      All fees, commissions and percentages authorized by law, shall be collected by him, and paid into the county treasury on the first Monday of each and every month, and he shall, at the same time, prepare and file with the clerk of the board of county commissioners a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous. Said assessor may, when the public needs of the county require it, and when authorized and directed by the board of county commissioners, appoint one or more deputy assessors for said Lyon County, whose appointments shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but shall not be in excess of five dollars per diem for each day actually employed.

      The county clerk as ex officio county treasurer shall receive an annual salary of one thousand eight hundred dollars, which shall be in full compensation for all services, both as county clerk and ex officio county treasurer.

      He shall make no charges for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury.

      He shall furnish the board of county commissioners, on the first Monday of each and every month, with an itemized statement, under oath, of the amount of fees so collected, and date of entry on the books of the clerk’s office when said fees were turned into the county treasury.

      The said county clerk shall have authority to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve equal monthly installments.

      The said county clerk shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of Lyon County, by an order duly entered in its minutes, to appoint one or more deputies at a salary not to exceed one hundred dollars per month each, to be paid out of the general fund of Lyon County, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      The county recorder as ex officio recorder of Lyon County shall receive an annual salary of one thousand eight hundred dollars, which shall be in full compensation for all services, both as county recorder and ex officio county auditor.

      He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury.

      He shall furnish the board of county commissioners, on the first Monday of each and every month, with an itemized statement, under oath, of the amount of fees so collected, and date of entry on the books of the recorder’s office when said fees were turned into the county treasury.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 257 (CHAPTER 138)κ

 

statement, under oath, of the amount of fees so collected, and date of entry on the books of the recorder’s office when said fees were turned into the county treasury.

      The said county recorder shall have authority to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve equal monthly installments.

      The said county recorder shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of Lyon County, by an order duly entered in its minutes, to appoint one or more deputies at a salary not to exceed one hundred dollars per month each, to be paid out of the general fund of Lyon County, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      The district attorney shall receive a salary of twenty-one hundred dollars per annum, payable in twelve equal monthly installments, and shall also be allowed his actual traveling expenses when called from the county-seat, and in the discharge of his official duties of district attorney. Said salary and expenses shall be in full compensation for all services rendered, and all fees or commissions collected by him in his official capacity shall be paid to the county treasurer on the first Monday of each and every month, and he shall, at the same time, prepare and file with the clerk of the board of county commissioners a statement, under oath, of all such fees collected by him in his official capacity during the month previous.

      Said district attorney may, when the public needs of the county require it, and when authorized and directed by the board of county commissioners, appoint one or more deputy district attorneys for said Lyon County, whose appointment shall be for such time as said board of county commissioners shall deem necessary, and whose compensation shall be fixed by said board of county commissioners, but shall not be in excess of one hundred fifty dollars per month for each deputy so appointed.

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

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

 

 

Deputy

 

Additional deputies

 

 

 

 

 

District attorney

 

 

 

 

Fees paid over

 

 

 

Deputies, when

 

 

 

 

 

In effect

 

Repeal

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 258κ

CHAPTER 139

 

 

 

 

 

 

 

 

 

 

 

 

Amending city charter of Yerington

 

 

 

 

Powers of city council

Chap. 139–An Act to amend section 60 of an act entitled “An act to incorporate the town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1907.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 60 of the above-entitled act is hereby amended so as to read as follows:

      Section 60.  Nothing herein contained shall be construed to limit the authority of the city council in the exercise of its sound discretion, by resolution duly passed, from combining or consolidating the appointive offices herein provided for, from assigning new duties to the appointive offices and employees herein mentioned, nor prohibit the city council from fixing the salaries or compensation provided for such officers and employees, in payment for such service as may be assigned them. Nor shall anything herein contained be construed to limit the powers of the city council, by resolution duly passed, from assigning any additional duties to the elective officers herein mentioned, and fixing a compensation therefor.

________

 

CHAPTER 140

 

 

 

 

 

 

 

 

 

 

 

Salary of superintendent and matron of orphans’ home, $3,000

Chap. 140–An Act to amend an act entitled “An act fixing the salary of the superintendent and matron of the state orphans’ home,” approved March 11, 1907.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 4105 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 1.  From and after the first day of April, nineteen hundred and nineteen, the salary of the superintendent and matron of the state orphans’ home shall be three thousand ($3,000) dollars per annum for the services of both.

________

 

CHAPTER 141

 

Chap. 141–An Act making the district attorney of Churchill County ex officio public administrator of said county and prescribing his compensation as such.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the first Monday in January, 1921, the district attorney of Churchill County shall be ex officio public administrator of said county.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 259 (CHAPTER 141)κ

 

      Sec. 2.  For his services rendered as such public administrator, said district attorney shall receive such compensation as is now or may hereafter be provided by law in connection with the office of public administrator; provided, that the same shall in no event become a charge against said county.

District attorney of Churchill County ex officio public administrator

 

________

 

CHAPTER 142

Chap. 142–An Act creating the office of state ore sampler and providing for the appointment of such officer, defining his duties, and other matters relating thereto.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The office of state ore sampler for the State of Nevada is hereby created.

      Sec. 2.  The director of the state mining laboratory shall be state ore sampler and shall hold office at the pleasure of the governor.

      Sec. 3.  The state ore sampler shall receive as full compensation for his services a salary of twelve hundred dollars ($1,200) per annum and his necessary traveling expenses when traveling in discharge of his official duties, and necessary expenses for chemist’s salary, deputy hire, postage, stationery, printing, and other office expenses; provided, said compensation and all expenses except deputy hire shall be paid as the salary and expenses of other state officers are paid. Before entering upon the discharge of his duties, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of said office, in form and manner as other official bonds of state officers.

      Sec. 4.  The state ore sampler shall not at any time during his term of office, be an owner, officer, director, or employee of any mining corporation, smelter, sampler, or mill which purchases ore or does custom work, and he shall not hold stock or bonds of or in any smelter, sampler, or mill purchasing ore or doing custom work. The state ore sampler, his chemist, and his deputies shall each take and subscribe to the following oath:

State of Nevada

             County of....................

}

ss.

      I, ……………., of …………… County, do solemnly swear that I will do and perform each and every duty required of me as (name of office)………………, for the State of Nevada; that I will never at any time divulge or disclose to any person or persons, directly or indirectly, under any circumstances, any information relative to assays, tonnage reports or other data secured or received by me as (name of office)…………………, except to the parties directly interested or by their express permission.

 

 

 

 

 

 

 

 

 

Director of state mining laboratory, state ore sampler

 

Salary

 

 

 

Proviso

 

Bond

 

 

Said officer not to be interested in mining or milling enterprises

 

 

 

 

 

Oath of office


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 260 (CHAPTER 142)κ

 

Oath of office

 

 

 

 

Office at University of Nevada

 

 

Reports made to state ore sampler

 

 

 

Duties of state ore sampler

 

 

 

Charges go to state ore sampler fund

 

 

State treasurer custodian

 

 

 

 

 

 

 

 

Provisos as to charges

received by me as (name of office)…………………, except to the parties directly interested or by their express permission. So help me God. ……………………

 

      Nothing in this oath shall be construed to prevent said officer from making statistical reports as required by law.

      Sec. 5.  The state ore sampler shall be provided with a properly furnished office at the University of Nevada in which he shall carefully keep a complete record of all his official acts. The equipment and records of the state assayer and inspector for the State of Nevada shall be the property of the state.

      Sec. 6.  It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every sampler, ore purchaser and custom mill of any kind or character in Nevada, to forward monthly on the first day of each and every month to the state ore sampler, a statement of the tonnage of ores received other than those produced from its own property and the camp from which shipped.

      Sec. 7.  It shall be the duty of the state ore sampler to take charge at the destination thereof of all ores consigned to samplers, custom mills, or other purchasers of Nevada ores, whenever requested so to do by the owner or forwarder of such shipments. The state ore sampler shall sample such ores taken charge of with the purchaser or independently as he may see fit and at any and all times he may see fit and samples taken by him shall be assayed in the state mining laboratory. The shipper or owner of such ore shall pay the State of Nevada the sum of twenty-five (25) cents the ton for the services as rendered in taking charge of, sampling, and assaying the said ores, and the purchaser of such ores shall withhold the amount so due the State of Nevada from the money due said shipper as a prior charge and forward the sum so withheld to the state treasurer of Nevada to be placed in a fund to be known as the “State Ore Sampler Fund.” The state ore sampler shall forward immediately to the shipper the assays and result of sampling done by him. The purchaser shall report the result of his own assays to the state ore sampler, and providing the assays of the purchaser are lower than those of the state ore sampler by an unreasonable amount, the state ore sampler shall call for an umpire in the regular manner. He shall also do whatever other things are necessary and requisite to protect the rights and interests in the ore of the consignor; provided, that if the consignment sampled amounts to less than fifty (50) tons and the cost of sampling exceeds twenty-five (25) cents per ton, the consignor shall be required to pay the actual costs of sampling; and provided further, that if the consignment sampled amounts to more than fifty (50) tons and the cost of sampling is less than twenty-five (25) cents per ton, the state ore sampler may fix a lower rate which shall be applicable to all shipments of the same general character to the same purchasing point.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 261 (CHAPTER 142)κ

 

cable to all shipments of the same general character to the same purchasing point. He shall endeavor to secure favorable rates upon ores upon the request of a shipper or shippers. The state ore sampler shall also make daily reports to the state treasurer for checking purposes.

      Sec. 8.  All moneys remaining in the “State Assayer and Inspector Fund” shall be placed by the state treasurer in a separate fund to be known as the “State Ore Sampler Fund,” and all moneys received by the state treasurer for taking charge of and sampling ores shall be deposited in this fund, and paid out as herein provided.

      Sec. 9.  The state ore sampler may employ a chemist as an assistant at a salary not to exceed one hundred ($100) dollars the month.

      Sec. 10.  The state ore sampler may appoint deputies as necessary, at a wage not to exceed five ($5) dollars the day and traveling expenses; provided, said deputies shall be paid out of the fund known as the “State Ore Sampler Fund,” in the state treasury, and no deputy hire shall be incurred unless there are sufficient funds on hand to pay the per diem and expenses in said fund.

      Sec. 11.  The words and phrases of this act, unless such construction be inconsistent with the context, shall be construed as follows:

      (a) The word “sampler,” any individual, copartnership, company, association or corporation buying, purchasing, accepting consignments of or receiving for delivery any mineral-bearing ore from any mine or mines not owned and operated by it.

      (b) The words “custom mill” shall include any mill, smelter or any other plant used for the reduction of ores and extracting the mineral therefrom, which treats and reduces ores other than those produced and extracted from a property owned and operated wholly by it.

      (c) The words “purchaser” and “ore purchaser” include any individual, copartnership, company, association and corporation which purchases, buys, accepts on consignment, or for delivery, any mineral-bearing ores.

      Sec. 12.  For the purpose of carrying out the provisions of this act, the sum of three thousand four hundred ($3,400) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated.

      Sec. 13.  A violation of any provision of this act shall be a misdemeanor and punishable with a fine of not less than twenty-five ($25) dollars, nor more than five hundred ($500) dollars, or imprisonment in the county jail not to exceed four (4) months.

      Sec. 14.  Each section of this act and every part of each section is hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to nor affect any other section or any part thereof.

 

 

Daily reports

 

Residue of state assayer and inspector fund reverts to state ore sampler fund

Chemist

 

Deputies for state ore sampler

 

 

 

 

 

Words and phrases defined

 

 

 

 

 

 

 

 

Appropriation, $3,400

 

 

Penalties

 

 

 

Each section and part of section independent


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 262 (CHAPTER 142)κ

 

 

thereof to be void or ineffective for any cause shall not be deemed to nor affect any other section or any part thereof.

 

________

 

CHAPTER 143

 

 

 

 

 

 

 

 

 

 

 

 

Certain places of resort to pay license of $75 per quarter

 

 

 

 

 

 

Three-fourths to county, one-fourth to state

Chap. 143–An Act to amend section 15 of an act entitled “An 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, being part of chapter 178 of the Laws of Nevada, 1915.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 15 of the act specified in the title hereof is hereby amended to read as follows:

      Section 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 either employed or attend for profit, either directly or indirectly to themselves, to dance or to solicit the purchase by persons visiting such house, either directly or indirectly, of any refreshment or cigars, or to solicit such persons so visiting to treat to any kind of drinks, refreshments 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 all other licenses required of him) from the sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of seventy-five 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 state and county purposes, respectively.

 

________

 

CHAPTER 144

 

Chap. 144–An Act to amend an act entitled “An act providing that ten per cent of proceeds from fees which issue to the counties from national forest reserves be paid into the county school fund of the county in which such fees may be collected,” approved March 29, 1907, and providing for the expenditure of receipts from national forest reserves for the benefit of public roads as well as the public schools, pursuant to acts of Congress pertaining thereto.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The preamble of said act is hereby amended to read as follows:


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 263 (CHAPTER 144)κ

 

      Whereas, Under the provisions of the act of Congress, approved May 23, 1908 (35 Stat. 260) “twenty-five per centum of all money received from each forest reserve during any fiscal year, including the year ending June 30, 1908, shall be paid at the end thereof by the secretary of the treasury to the state or territory in which said reserve is situated, to be expended as the state or territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated; provided, that when any forest reserve is in more than one state or territory or county the distributive share to each from the proceeds of said reserve shall be proportioned to its area therein.”

      Sec. 2.  Section 1 of said act, being section 3478, Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 1.  That the sum or sums paid to the state by the secretary of the treasury of the United States hereafter, under the provisions of acts of Congress now in force or to be made pertaining to moneys received from forest reserves mentioned in the preamble of this act, shall be distributed respectively to the county or counties in which the forest reserves are situated, to be expended for the benefit of the public schools and public roads of such county or counties in equal proportion for each object and the proportion for schools shall be paid into the county school fund and the proportion for roads shall be paid into the county road fund, if there be such funds, otherwise into the county general fund for public school and public road purposes respectively. When any forest reserve is in more than one state or county the distributive share to each shall be proportional to its area therein, following as near as may be the figures submitted to the State of Nevada respecting net forest area and county acreage therein by the forester of the forestry service, United States department of agriculture.

Concerning fees from national forest reserves

 

 

 

 

 

 

 

 

 

To go equally to county school funds and county road funds

 

________

 

CHAPTER 145

Chap. 145–An Act to amend section 10 of an act entitled “An act regulating the registration of electors for general, special and primary elections,” approved March 27, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act, being found on page 428, Statutes of Nevada, for the year 1917, is hereby amended to read as follows:

      Section 10.  All justices of the peace, except those located in the respective county-seats of the various counties of this state, are hereby designated as deputy registrars for the purpose of carrying out the provisions of this act. The county clerk of each county shall be the registrar for all precincts within the county-seat, and shall appoint deputy registrars, who shall have power to administer oaths, in each precinct of such county distant more than five miles from the county courthouse and wherein no justice of the peace resides.

 

 

 

 

 

 

 

 

 

 

 

Certain justices of the peace deputy registrars of voters


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 264 (CHAPTER 145)κ

 

Deputy registrars

 

 

 

 

 

 

 

 

Registry cards sent to county clerk

 

Penalties

clerk of each county shall be the registrar for all precincts within the county-seat, and shall appoint deputy registrars, who shall have power to administer oaths, in each precinct of such county distant more than five miles from the county courthouse and wherein no justice of the peace resides. It shall be the duty of the deputy registrar to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. The deputy registrar shall be a resident elector within the precinct for which he is appointed, and shall receive as compensation for all services the sum of not more than fifteen cents for each elector registered, to be paid by the county after being approved by the county clerk. Said registry agent shall forward, within two days after the filling out of any registry cards, all such cards so filled out to the county clerk. Any deputy registrar violating any of the provisions of section 11 of this act shall be guilty of a misdemeanor and be subject to a fine of not less than $25 nor more than $100 for each offense.

 

________

 

CHAPTER 146

 

 

 

 

 

 

 

 

 

 

 

Bonds for improvement and maintenance of post-roads in Esmeralda County; $20,000

 

 

County commissioners to issue such amount as deemed necessary

 

Bonds issued promptly

Chap. 146–An Act to authorize the board of county commissioners of Esmeralda County, Nevada, to issue bonds for the purpose of raising money with which to improve and maintain post-roads in Esmeralda County; to create a county highway board to direct the manner in which said money shall be expended, and to provide for the payment of said bonds and interest.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Esmeralda County, Nevada, is hereby authorized and directed to prepare and issue bonds of said county for an amount not to exceed twenty thousand ($20,000) dollars, exclusive of interest, the money raised thereby to be used in improving the post-road extending from Goldfield to Silver Peak in said county, and the post-road from Coaldale to Arlemont, thence to Dyer, thence to the state line in said county, and other post-roads in said county.

      Sec. 2.  The board of county commissioners of Esmeralda County shall cause such amount of said issue of bonds to be issued as in their discretion they shall deem necessary for the purpose stated. The bonds shall be signed by the chairman of the board, countersigned by the county treasurer and bear the seal of the county.

      The bonds shall be prepared and offered for sale within six months after the approval of this act, but the failure of the board to act within the time designated shall not invalidate bonds issued thereafter for the purpose herein set forth; provided, such bonds are issued not later than two years after the approval of this act.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 265 (CHAPTER 146)κ

 

date bonds issued thereafter for the purpose herein set forth; provided, such bonds are issued not later than two years after the approval of this act.

      Sec. 3.  All bonds authorized and issued under the provisions of this act shall be in such denominations each as the board of county commissioners shall prescribe, and be numbered consecutively from first to last, and bear interest at not to exceed six per cent per annum, payable annually, according to the tenor and effect of said bonds.

      Sec. 4.  Said bonds together with the interest therein shall run for a period of years to be determined upon and be redeemable at such time as the county commissioners shall in their discretion deem advisable, and the said board of county commissioners shall negotiate the disposal of said bonds either by advertising for sealed proposals or by private sales; provided, that no bid shall be accepted at less than par, and that no interest exceeding six per cent per annum shall be allowed, and that said bonds shall be payable in gold coin of the United States.

      Sec. 5.  For the payment of said bonds and interest the said board of commissioners is hereby directed to levy an annual tax sufficient therefor, upon the real and personal property located within the boundary of Esmeralda County.

      Sec. 6.  The tax for the payment of said bonds and interest as herein provided for shall be collected in the same manner as other taxes of the county are collected, and the county treasurer is hereby required to receive all moneys derived therefrom, place the same in a fund to be created for the purpose herein set forth; said treasurer shall pay out said moneys only in payment of interest upon and the principal of said bonds.

      The moneys derived from the sale of said bonds shall in like manner be placed by the county treasurer in said road fund mentioned and shall be paid out by direction of the county commissioners of said Esmeralda County, for the purpose of improving and maintaining the post-roads heretofore mentioned.

      Sec. 7.  A county highway board is hereby created, which shall consist of the board of county commissioners, together with the sheriff and district attorney, and said board shall have full charge, direction and control of the work of improving and maintaining said road as herein provided for, and no bills for work done upon or materials furnished for use in such work shall be allowed or paid unless the performance of such work or purchasing materials shall have been authorized by said board.

      Sec. 8.  The bonds herein provided for, as well as the interest thereon, shall be paid promptly when due, and when the said bonds shall have been fully paid, or when there shall be sufficient funds on hand to pay them in full, the special tax herein provided for shall cease; provided, that any residue remaining in said fund after all bonds and interest shall have been paid shall be expended upon the general highways of the county.

 

 

Denomination and interest

 

 

Powers of county commissioners regarding said bonds

 

 

 

 

Annual tax

 

 

Collection of said tax

 

 

 

 

Treasurer custodian of moneys

 

 

County highway board established

 

 

 

 

 

Tax ceases, when


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 266 (CHAPTER 146)κ

 

Disposition of residue

 

Faith of state pledged

due remaining in said fund after all bonds and interest shall have been paid shall be expended upon the general highways of the county.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the tax herein omitted until all bonds and the interest thereon, issued by virtue hereof, shall have been paid in full in manner and form as herein specified.

 

________

 

CHAPTER 147

 

 

 

 

 

 

 

 

 

Bonds for state highways in Churchill County; $100,000

 

 

 

 

 

Churchill county-state highway fund

 

 

 

Faith of state pledged

Chap. 147–An Act authorizing, directing and empowering the board of commissioners of Churchill County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, Nevada, is hereby authorized, directed and empowered to issue bonds of said Churchill County in the sum of not to exceed one hundred thousand ($100,000) dollars and not to exceed six per cent (6%) interest thereon and not to run to exceed twenty years (20) and to be issued from time to time as may be required, in the usual form of county bond. The said board is also authorized, directed and empowered to levy an annual tax upon all the property within the said Churchill County subject to taxation for the purpose of paying the interest and principal of said bonds.

      Sec. 2.  Said bonds shall be sold by the said board at not less than the par value thereof and the proceeds thereof when sold shall be deposited with the treasurer of Churchill County to the credit of the Churchill county-state highway fund and shall be used solely for the purpose of aiding in the construction of state highways within the said Churchill County.

      Sec. 3.  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 issued under and by virtue thereof shall have been paid in full.

 

________

 

CHAPTER 148

 

Chap. 148–An Act to add an additional section to an act entitled “An act to protect the people of the State of Nevada in the pollution of its public streams; making an appropriation therefor and controlling the administration thereof,” approved March 8, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto an additional section, to be known as section 8, as follows:


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 267 (CHAPTER 148)κ

 

adding thereto an additional section, to be known as section 8, as follows:

      Section 8.  An additional sum of five thousand ($5,000) dollars is hereby appropriated for the purpose of carrying out the provisions of this act. The money so appropriated shall be paid from the general fund of the State of Nevada not otherwise appropriated.

 

Appropriation. $5,000, for prevention of pollution of public streams

 

________

 

CHAPTER 149

Chap. 149–An Act to authorize the board of county commissioners of the county of Elko, State of Nevada, to issue bonds to provide for the purchase of a site, and for the construction, equipment, and furnishing of a hospital and also for the purchase of a poor farm for the county of Elko, and to authorize such purchases, construction, equipment and furnishing and other matters connected therewith.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Elko County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of June, 1919, for an amount not to exceed one hundred thousand dollars ($100,000), exclusive of interest, for the purpose of providing funds for purchase of a site, and for the construction, equipment, and furnishing of a hospital and also for the purchase of a poor farm for the county of Elko.

      Sec. 2.  The board of county commissioners of said Elko County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county; coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and county treasurer.

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

      Sec. 4.  The board of county commissioners of Elko County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for hospital and poor farm in Elko County; $100,000

 

 

 

 

County commissioners to prepare bonds; interest

 

 

 

 

Clerk to keep record

 

 

Negotiation and sale of bonds


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 268 (CHAPTER 149)κ

 

Denomination, $1,000; interest, 6%, payable annually

 

“Elko County Hospital Building and Poor Farm Fund”

 

 

Commissioners to erect hospital and purchase poor farm

 

 

 

 

Contract to lowest bidder

 

 

General laws to govern

 

 

 

 

Board to act promptly

 

 

County treasurer liable

 

 

Annual tax

      Sec. 5.  Said bonds shall be each for the sum of one thousand ($1,000) dollars. They shall be numbered consecutively from one to one hundred, and the interest on the same shall not exceed six per cent per annum, payable annually, on the first day in July of each year hereafter at the office of the county treasurer of said Elko County.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “The Elko County Hospital Building and Poor Farm Fund” and to pay out said moneys only in the manner now provided by law for the payment of claims against Elko County.

      Sec. 7.  The board of county commissioners of Elko County are hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the purchase of a site and for the construction, equipment, and furnishing of a hospital and the purchase of a poor farm for the county of Elko, and any balance remaining in said fund after being applied to the purposes herein mentioned, shall be turned over and converted into the proper fund provided for running and maintaining said hospital and poor farm.

      Sec. 8.  Said board of county commissioners shall determine as to the character of said buildings, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said buildings and let the construction thereof by contract to the lowest responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the said board in carrying out the provisions of this act. All demands and bills contracted by said board of county commissioners shall be paid in the same manner now provided by law for paying claims against Elko County.

      Sec. 9.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the said board shall thereafter, with all expedient dispatch purchase a suitable site and proceed to the execution of the purpose of this act.

      Sec. 10.  The county treasurer of said Elko 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 Elko County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, five of said bonds annually, beginning with the first Monday in July, 1920, until all of said bonds have been redeemed and retired.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 269 (CHAPTER 149)κ

 

County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, five of said bonds annually, beginning with the first Monday in July, 1920, 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 “Elko County Hospital Building and Poor Farm Redemption Fund.”

      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, 1920, 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 Elko County hospital and poor farm.

      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 such 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.

 

 

 

 

 

Retirement of bonds

 

 

 

 

 

Interest paid July 1, annually

 

 

Tax ceases, when

 

 

 

 

Treasurer to redeem and cancel bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 270κ

CHAPTER 150

 

 

 

 

 

 

 

 

 

Bonds of White Pine for state highway across county; $150,000

 

 

 

 

 

Commissioners to prepare bonds

 

 

 

 

Negotiation and sale of said bonds

 

 

 

 

 

Denomination, $500

 

Interest limited to 6%

In 1921 and thereafter ten bonds redeemed annually

Chap. 150–An Act to authorize the board of county commissioners of White Pine County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of White Pine.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada, in constructing and improving highways in and across White Pine County, the board of county commissioners of White Pine County is hereby authorized, empowered and directed to issue bonds in the name of said White Pine County in the sum of one hundred fifty thousand dollars, said bonds to be known as the “White Pine County Highway Bonds.” All money derived from the sale of said bonds to be expended by the county commissioners of said White Pine County, and within the bounds of said county, under the direction of said department of highways.

      Sec. 2.  The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer.

      Sec. 3.  The said board of county commissioners is authorized to negotiate the sale of said bonds from time to time to the highest responsible bidders at not less than their par value; the proceeds of such sales shall be placed in what is known as the “White Pine County Highway Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of the obligations contracted under the provisions of this act.

      Sec. 4.  The said bonds shall be of the denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable on the first day of January of each year after the issuance of said bonds until paid in full; and on the first day of January, 1921, and every twelve months thereafter, ten or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first redeemed and paid, and so on until the whole amount of said bonds so issued shall have been redeemed and paid.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 271 (CHAPTER 150)κ

 

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the said board of county commissioners of said county shall in the year 1919, and annually thereafter, at the time of levying taxes for state and county purposes and in the same manner, levy a tax upon all property subject to taxation within said White Pine County sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the “White Pine County Highway Bond Redemption Fund” and shall be used for no other purpose except as hereinafter provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “White Pine County Highway Bond Redemption Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption.

      Sec. 6.  When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever.

      Sec. 7.  Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall be converted into and become a part of the general road fund of said county.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

Annual tax

 

 

 

 

 

 

 

 

 

 

 

 

Interest ceases, when

 

Legality of bonds not questioned

 

Residue to revert to general road fund

 

Faith of state pledged

 

________

 

CHAPTER 151

Chap. 151–An Act to repeal an act entitled “An act abolishing the office of road supervisor of White Pine County, authorizing the division of said county into road districts, and providing for the election and compensation of said road supervisors,” approved March 24, 1915, p. 355.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby repealed.

      Sec. 2.  The passage and approval of this act shall not be construed to revive an act entitled “An act abolishing the office of road supervisor of White Pine County, authorizing the division of said county into road districts, and providing for the election of road supervisors for said districts, and fixing the duties and compensation of said road supervisors,” approved March 6, 1913,

 

 

 

 

 

 

 

 

 

 

Repeal

Provisions act not revived


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 272 (CHAPTER 151)κ

 

 

 

In effect Jan., 1921

viding for the election of road supervisors for said districts, and fixing the duties and compensation of said road supervisors,” approved March 6, 1913, p. 36.

      Sec. 3.  This act shall take effect on the first Monday of January, 1921.

 

________

 

CHAPTER 152

 

 

 

 

 

 

 

 

 

 

Bonds of White Pine County, $25,000, for addition to county hospital

Chap. 152–An Act to provide for the erection, furnishing and equipment of a building constituting an extension to the White Pine County hospital in the city of Ely, State of Nevada, and for the issuance and payment of bonds for the creation of a fund for the erection, furnishing and equipment of said building.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of White Pine County, Nevada, for the purpose of creating a fund for the erection, furnishing and equipping of a building to constitute an extension and addition to the White Pine County hospital in the city of Ely, in said county, are hereby authorized, empowered, ordered and directed to issue and sell the negotiable coupon hospital extension bonds of said county to an amount aggregating the principal sum of twenty-five thousand dollars. Said bonds shall be fifty in number, numbered consecutively from one to fifty, both inclusive, of the denomination of five hundred dollars each. They shall bear interest from their date until paid at the rate of six per centum per annum, payable semiannually on the first days of January and July, respectively, in each year, and each semiannual installment of interest on each bond shall be evidenced by an appropriate coupon, so attached to said bond that it may be removed without injury to the bond. Each of said bonds, with coupons, shall be signed by the chairman of the board of county commissioners, and countersigned by the county treasurer, and each bond shall be authenticated by having the seal of the county impressed thereon. Both the interest on and principal of said bonds shall be payable, at a place to be designated in said bonds, in gold coin of the United States of America, of or equal to the present standard of weight and fineness.

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


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 273 (CHAPTER 152)κ

 

(Form of Bond)

                                United States of America             No. ……..

State of Nevada, County of White Pine

 

COUNTY HOSPITAL EXTENSION BOND

 

      The County of White Pine, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay, to the bearer hereof, the principal sum of five hundred dollars, on the ……….. day of …………….., 19....….., together with interest thereon from the date hereof until paid, at the rate of six per centum per annum, such interest payable semiannually on the first days of January and July, respectively, in each year, as evidenced by and upon presentation and surrender of the interest coupons hereto attached as they severally become due; and both the interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at ………….., in the city of ……………, State of ……………., U. S. A.; and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources, and all the taxable property of said county are hereby irrevocable pledged.

      This bond is one of a series of fifty bonds of like date, tenor and amount issued by said county under and in compliance with the constitution of the State of Nevada and an act of the legislature of said state passed at its twenty-ninth session, entitled “An act to provide for the erection, furnishing and equipment of a building constituting an extension to the White Pine County hospital in the city of Ely, State of Nevada, and for the issuance and payment of bonds for the creation of a fund for the erection, furnishing and equipping of said building,” approved March ……., 1919, and all other laws and authority thereunto enabling.

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

Form of bond


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 274 (CHAPTER 152)κ

 

 

 

 

 

 

 

 

 

Form of coupon

 

 

 

 

 

 

 

 

 

Legality of bonds not to be questioned

 

 

 

 

Clerk to keep record

 

 

Commissioners to sell bonds at not less than par value to highest bidder, when

 

 

 

 

In 1920 and thereafter, four bonds redeemed annually

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

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

                                                                As Chairman of Board of County Commissioners.

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

            (Seal)                                                                                                    County Treasurer.

      No. …….                                  (Form of Coupon)

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

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

                                                                As Chairman of Board of County Commissioners.

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

                                                                                                                          County Treasurer.

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

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

      Sec. 5.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interest of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 6.  On the first day of January, 1920, and annually thereafter, four of such bonds, together with the interest thereon then due and unpaid, shall be paid and redeemed by said county treasurer. The payment and redemption of said bonds shall be in the order of their numbers, the lowest-numbered bond to be first paid and redeemed, then the next lowest, and so on until the whole amount of said bonds shall have been so paid and redeemed, which shall not be later than January 1, 1933.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 275 (CHAPTER 152)κ

 

have been so paid and redeemed, which shall not be later than January 1, 1933.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and designated as the White Pine County hospital extension fund, and to pay out said moneys in the manner now provided by law for the payment of money from other special funds of said county, and only for the purposes provided for in this act.

      Sec. 8.  The board of county commissioners of White Pine County is hereby authorized and directed to use the money derived from the sale of said bonds, or such portions thereof as may be necessary, for the erection, furnishing and equipping of a building to constitute an extension and addition to the existing White Pine County hospital in the city of Ely, in said county, and any balance remaining in such fund after the completion of the said building and the furnishing and equipment thereof shall be turned over and converted into the appropriate fund provided for the running and maintenance of the White Pine County hospital.

      Sec. 9.  Said board of county commissioners shall determine the character of said improvements, the materials to be used therein, and the plans therefor. The laws now in force governing the letting of contracts by boards of county commissioners shall govern the action of said board in carrying out the provisions of this act.

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

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

      Sec. 12.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all the moneys remaining in the said bond fund shall by order of the board of county commissioners of said county be transferred to the fund used for running and maintaining the White Pine County hospital.

 

White Pine County hospital extension fund

 

 

 

 

Commissioners to erect and equip hospital extension

 

 

 

 

 

General laws to govern contracts

 

 

County treasurer liable

 

 

Annual tax

 

 

 

 

 

 

 

 

 

 

 

Tax ceases, when


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 276 (CHAPTER 152)κ

 

 

 

 

Treasurer to redeem and cancel bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

this act shall cease, and all the moneys remaining in the said bond fund shall by order of the board of county commissioners of said county be transferred to the fund used for running and maintaining the White Pine County hospital.

      Sec. 13.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the sum so paid.

      Sec. 14.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on said bonds shall thereafter immediately cease.

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

 

________

 

CHAPTER 153

 

 

 

 

 

 

 

 

 

 

Bonds of city of Winnemucca, $30,000, for extending sewer system

 

 

Denomination and interest

Chap. 153–An Act to authorize the city council of the city of Winnemucca, in Humboldt County, State of Nevada, to issue bonds for the purpose of extending, improving and constructing additions to the sewerage system within said city of Winnemucca.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Winnemucca, county of Humboldt, State of Nevada, is hereby authorized, empowered, and directed to issue, from time to time, as necessary, bonds of said city of Winnemucca for an amount not exceeding the sum of thirty thousand ($30,000) dollars, exclusive of interest, for the purpose of providing funds for extending, improving and constructing additions to the sewerage system within the city of Winnemucca.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred ($500) dollars each, and shall bear interest at a rate not to exceed six per cent (6%) per annum, and shall be made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin. Said bonds shall be known as “City of Winnemucca Sewerage Bonds,” and shall be numbered consecutively from 1 to 60, inclusive. The bonds shall be signed by the mayor and city clerk of said city of Winnemucca. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the mayor and city clerk of said city of Winnemucca.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 277 (CHAPTER 153)κ

 

bond so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the mayor and city clerk of said city of Winnemucca.

      Sec. 3.  The city council of said city of Winnemucca is hereby authorized to negotiate the sale of such part of said bonds, as it may be deemed necessary to sell, from time to time, by causing a notice of the sale of said bonds to be published once a week for three consecutive weeks in a newspaper published in said city of Winnemucca, inviting sealed bids for the purchase of said bonds, and at the date to be fixed in the notice of said sale, the said city council may sell said bonds to the highest and best bidder for cash. If no bids therefor are received, then the said city council may sell the said bonds at private sale; provided, that in no case shall the said bonds be sold for less than their par value.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the city treasurer of the city of Winnemucca, and the said city treasurer is hereby required to receive and safely keep the same in a fund to be known as “City of Winnemucca Sewerage Bond Fund,” and to pay out said money only on warrants of the city of Winnemucca issued by the mayor and city clerk of said city for work caused to be done on said sewerage system or for material and supplies used in the construction of said sewers.

      Sec. 5.  All sewerage systems constructed under the provisions of this act shall be so constructed under the supervision and control of the city council. The materials may be purchased and the work caused to be done directly by the said city council, or it may advertise for bids for the construction of the same as in case of other public works.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy and collect a special tax on all property, both real and personal, subject to taxation, including the proceeds of mines, within the limits of said city, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond number 1 and consecutively thereafter, two of said bonds annually, beginning with the first Monday in July, 1920, until all of said bonds which may be issued 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 paid to the city treasurer of the city of Winnemucca by the county treasurer of the county of Humboldt, and shall be kept by the said city treasurer in a special fund to be known as the “City of Winnemucca Sewerage Bond Redemption and Interest Fund.”

 

 

 

City council of Winnemucca to sell bonds as deemed necessary

 

Bids

 

Private sale, when

 

City treasurer custodian of moneys

 

 

 

 

 

Work may be contracted for, or done under direction of council

 

Tax on city property


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 278 (CHAPTER 153)κ

 

Interest paid annually

 

 

 

City treasurer to redeem and cancel bonds

 

 

 

Interest ceases, when

 

 

Residue reverts to regular sewer fund

 

 

Faith of state pledged

      Sec. 7.  It shall be obligatory on the said city and its proper officers, annually, beginning on the first Monday of July, 1920, to fully pay the accrued interest on said bonds, beginning with the first number thereof, until all of said bonds are redeemed and retired.

      Sec. 8.  Whenever the city treasurer shall redeem any of the bonds issued under the provision of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the city clerk, taking his receipt therefor, which receipt shall be filed by the city treasurer in his office.

      Sec. 9.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said city treasurer for payment when they become due, all interest on such bonds shall immediately cease.

      Sec. 10.  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 city council of said city, be transferred to the fund used to pay the expenses of maintenance of said sewerage system.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed and the taxation hereby provided be omitted until all the bonds and coupons issued under and by virtue of this act shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 154

 

 

 

 

 

 

 

Salary of Clark County officers

Sheriff

 

 

 

Deputy

 

Additional deputies

Chap. 154–An Act to regulate the salaries of certain county officials of Clark County.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after April 1, 1919, 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 fifty ($150) 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.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 279 (CHAPTER 154)κ

 

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.

      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 auditor’s 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 which shall be full compensation for all services rendered, and in addition thereto shall receive all necessary traveling expenses 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 shall receive 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.

 

 

Recorder and auditor

 

Deputies

 

 

 

County clerk

 

 

Assessor

 

 

 

District attorney

 

 

 

Treasurer

 

County commissioners

 

 

Mileage

 

Salaries paid monthly

 

 

 

Repeal

 

________

 

CHAPTER 155

Chap. 155–An Act making an appropriation for the support of the Northeastern Nevada agricultural board established under the provisions of chapter 207, Statutes of Nevada, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That the sum of two thousand five hundred dollars is hereby appropriated,

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 280 (CHAPTER 155)κ

 

Appropriation for Northeastern Nevada agricultural board, $2,500

dollars is hereby appropriated, from any moneys in the state treasury not otherwise appropriated, for the purpose of paying office, travel, demonstration project and other expenses of the Northeastern Nevada agricultural board established under the provisions of chapter 207, Statutes of Nevada, 1917.

 

________

 

CHAPTER 156

 

 

 

 

 

 

 

 

 

 

 

Bonds of Carson City, not to exceed $200,000, for public utilities

 

 

 

 

Question submitted to popular vote

 

 

Petition for special election

Chap. 156–An Act authorizing the board of trustees of Carson City, county of Ormsby, to issue bonds to provide for the construction and equipment, purchase or otherwise acquiring and operating an electric-lighting and power plant and water-works and other public utilities, and providing for the ratification thereof by special or general elections before the issuance of any such bonds.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Carson City, Ormsby County, State of Nevada, is hereby authorized, empowered and directed to prepare and issue bonds of said city, said bonds to be issued on or before the first day of July, 1921, for a total amount not to exceed the sum of two hundred thousand dollars ($200,000), exclusive of interest, in manner as hereinafter provided, for the purpose of providing funds for the construction and equipment, purchase or otherwise acquiring and operating of an electric-lighting and power plant, water-works, and other public utilities.

      Sec. 2.  Before issuing all or any portion of said bonds or incurring any indebtedness hereunder, the question of the issuance of said bonds shall be submitted to a vote of the qualified electors of said Carson City, either at the next general city election or at a special election to be held as hereinafter provided.

      Sec. 3.  Upon petition of one hundred and fifty (150) persons, qualified electors and taxpayers of said Carson City, filed with the board of trustees of said Carson City, requesting the calling of a special election for the purpose of voting upon the issuance of any portion or amount of said bonds, the amount and purpose thereof to be named in the petition, it shall be the duty of the board of trustees of Carson City to call such special election and submit to the electors of Carson City the question of the issuance of said bonds and the amount thereof. Said special election shall be held not sooner than forty nor later than sixty days after the filing of such petition, and there shall be printed upon the ballot of such special election the following:


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 281 (CHAPTER 156)κ

 

of such petition, and there shall be printed upon the ballot of such special election the following:

For the issuance of $........ of the bonds of Carson City for the purchase of a ………. (name of public utility)................................

{

 

Yes ........

 

No ..........

Such question to be varied as occasion may require.

 

      Sec. 5.  That at the said special election all persons residents of Nevada for six months and bona-fide residents of said Carson City for a period of thirty days prior to said election shall be entitled to vote when registered. That residents of the state and said county for a period of more than thirty days prior to said election and registered for the last general election shall be entitled to vote without other registration and the county clerk shall prepare lists including such names in accordance with law. That the city clerk shall open a supplemental registration list or book for the registration of other persons qualified to vote, such registration book to open not more than twenty days prior to said election and to remain open for registration up to and including five days before the date of said election. Lists of the registered voters shall be furnished the election boards and persons not registered shall not be entitled to vote at said special election. Notice of a special election shall be given by publication in some newspaper or newspapers published in Carson City, Nevada, for at least ten days before the election. Notice of the supplemental registration shall likewise be given. The general laws relating to elections and the holding thereof shall otherwise be followed so far as applicable and practical in relation to said election, including the appointment of proper officials therefor, canvass of the vote and other matters relating thereto.

      Sec. 6.  If no petition for special election be filed, such questions may be submitted by the board of trustees to the electors of Carson City at the next general city election and shall, in like manner and form, be printed upon the general election ballot. If a majority of the electors voting thereon at a general or special election vote yes, said board of trustees shall forthwith cause the amount of said bonds specified in the question to be prepared and made ready for issuance, and to issue the same. Said bonds shall be signed by the president of the board of trustees, countersigned by the city treasurer, and authenticated by the seal of the city; coupons for interest shall be attached to each bond so that the same may be removed without injury thereto, and each of such coupons shall be consecutively numbered and signed by the president of the board of trustees and the city treasurer, or with the facsimile of their signatures impressed thereon.

      Sec. 7.  At any general city election held hereafter, or at any special election to be called pursuant to the provisions of this act, questions as to the issuance of bonds of said city for the construction and equipment, purchase or otherwise acquiring and operating public utilities for said city may, from time to time, be submitted to the qualified electors of said city and authorized and issued as herein provided until the entire amount of bonds herein authorized shall have been issued, it being expressly understood and provided that bonds may be authorized by a vote of the people and issued from time to time and in such amounts as authorized until the full amount of $200,000 is issued as herein provided.

 

 

Form of ballot

 

 

 

 

Who eligible to register and vote

 

 

 

 

Supplemental registration

 

 

 

Notice of special election to be published

 

General election law to govern

 

 

Question may be submitted at general city election

 

 

 

City bonds


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 282 (CHAPTER 156)κ

 

Additional bonds may be issued, after ratification by voters, to maximum of $200,000

 

 

 

City clerk to keep record

Board of trustees to sell bonds

 

 

 

 

 

Denomination; interest paid semiannually

 

 

 

“Carson City Public Utility Fund”

 

 

 

 

Trustees to construct or purchase public utilities

 

 

 

 

 

 

City treasurer liable

for the construction and equipment, purchase or otherwise acquiring and operating public utilities for said city may, from time to time, be submitted to the qualified electors of said city and authorized and issued as herein provided until the entire amount of bonds herein authorized shall have been issued, it being expressly understood and provided that bonds may be authorized by a vote of the people and issued from time to time and in such amounts as authorized until the full amount of $200,000 is issued as herein provided.

      Sec. 8.  The city clerk shall keep a record of all proceedings under the provisions of this act showing the number and date of each bond and to whom issued.

      Sec. 9.  The board of trustees of Carson City is hereby authorized to negotiate the sale of said bonds, or portion thereof issued as herein provided, or such number thereof as they may deem necessary, by advertising for sealed proposals, or by private sales, as they may deem for the best interests of the city, and may reject any or all bids; provided, that no bond shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 10.  Said bonds shall each be for the sum of five hundred ($500) dollars. They shall be numbered consecutively and the interest on the same shall not exceed six per cent per annum, payable semiannually, on the first day in July and the second day of January of each year, at the office of the city treasurer of said Carson City, and in no case shall said bonds run for a longer period than twenty years.

      Sec. 11.  All moneys derived from the sale of said bonds shall be paid to the city treasurer of said city and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and to be known as the “Carson City Public Utility Fund,” and to pay out said moneys only in a manner now provided by law or to be provided herein for the purchase of city utilities and for the purposes for which the same were received.

      Sec. 12.  The said board of trustees of Carson City is hereby authorized and directed to use the moneys arising from the sale of said bonds, or such number thereof as is provided by a general or special election from time to time had, as hereinbefore mentioned, for the construction and equipment, or purchase or otherwise acquiring and operating of an electric-lighting and power plant, or water-works or other public utilities, as said board of trustees may determine, or may be determined at said general or special election, and for running and maintaining the public utilities so constructed and acquired.

      Sec. 13.  The city treasurer of said Carson City shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hand under the provisions of this act, and for the faithful discharge of his duties in relation thereto.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 283 (CHAPTER 156)κ

 

act, and for the faithful discharge of his duties in relation thereto.

      Sec. 14.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the said board of trustees of said Carson City is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Carson City, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond No. 1, and consecutively thereafter, not more than twenty of said bonds annually, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other city taxes are assessed and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as the “Carson City Public Utilities Bond Redemption Fund.”

      Sec. 15.  It shall be obligatory on the said city, and its proper officers, to pay in full the accrued interest on said bonds, beginning on the first day of July after their issuance, and thereafter on the first day of July and the second day of January in each and every year, until all of said bonds have been redeemed and retired.

      Sec. 16.  Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of trustees of said city, be transferred to the general fund.

      Sec. 17.  Whenever the city treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof, “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the city clerk, taking his receipt therefor, which receipt shall be filed with the clerk of the board of trustees, and credit to the treasurer shall be made on the books for the amount so paid.

      Sec. 18.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present such bonds to the city treasurer for payment when they become due, all interest on each of such bonds shall immediately cease.

      Sec. 19.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall be paid in full, as in this act specified.

 

Annual city tax

 

 

 

 

 

 

 

 

 

 

 

Interest must be paid semiannually

 

 

Tax ceases, when

 

 

 

City treasurer to redeem and cancel bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 284κ

CHAPTER 157

 

 

 

 

 

 

 

 

 

Salary of recorder and auditor of Washoe County

 

Deputies

 

 

 

 

Repeal

Chap. 157–An Act to amend an act entitled “An act relating to the compensation of county officers in Washoe County, State of Nevada, and to repeal all acts and parts of acts in conflict herewith,” approved March 22, 1913.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

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

      Section 1.  The county recorder and ex officio auditor shall receive the sum of twelve hundred dollars per annum as county recorder, and the sum of twelve hundred dollars per annum as county auditor, in full compensation as recorder and auditor. And he shall be allowed one deputy auditor, who shall receive the sum of one hundred and fifty dollars per month; also one chief copyist who shall receive the sum of one hundred dollars per month; and also one copyist who shall receive the sum of one hundred dollars per month.

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

 

________

 

CHAPTER 158

 

 

 

 

 

 

 

 

 

 

 

 

State board of finance to be state board of investments

Chap. 158–An Act to amend section one of an act entitled “An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 24, 1917.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

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

      Section 1.  There is hereby created the state board of investments, which will have charge of all the investments of moneys and the sale of all securities of the state permanent school fund. The state board of finance is hereby made the state board of investments.

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 285κ

CHAPTER 159

Chap. 159–An Act to amend section 49 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, as amended March 24, 1915.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

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

      Section 49.  The state board of finance shall be the Nevada state banking board. The state board of finance, sitting as the Nevada state banking board, shall have, in connection with the state bank examiner, supervision and control of banks and banking in this state, and no persons, firms, associations, or corporations shall be permitted to engage in the banking business in this state, save in compliance with this act. The minutes, records and all proceedings of the Nevada state banking board shall be in the name of the state board of finance.

 

 

 

 

 

 

 

 

 

 

 

State board of finance supersedes state banking board

 

________

 

CHAPTER 160

Chap. 160–An Act to provide for the establishment and erection of a state prison; provide for the construction of necessary buildings; provide for the issuance and sale of bonds therefor, and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 27, 1919]

 

      Whereas, The present Nevada state prison is of obsolete design and construction and has practically outgrown its usefulness, and the necessity of additions and betterments are such as to make it undesirable to continue the present plant, which is unsuitable for modern penal needs, it is deemed advisable to construct a new prison on a site on present state property, to be selected by the board of prison commissioners within thirty days from the approval of this act:

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The board of prison commissioners are hereby authorized and directed to proceed with the construction of a new Nevada state prison as indicated in the preamble hereof; said prison will consist of a cell-house containing not less than one hundred cells, dormitory, quarters for trusties and facilities for the housing and feeding of the inmates of the state penitentiary and so designed as to permit of extension of the cell quarters as the need for enlarged housing facilities may arise. This unit shall be adequate to permit the transfer of all prisoners now confined within the walls of the present prison to a unit prepared to properly care for the immediate requirements.

 

 

 

 

 

 

 

Reasons for new state prison

 

 

 

 

 

 

 

 

Prison commissioners to construct new state prison


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 286 (CHAPTER 160)κ

 

 

Prison stone and convict labor utilized

 

Commission named to issue bonds of state, $100,000

 

 

 

 

 

Signed by said commission

Interest, 5%

Life, 20 years

Sale of said bonds

 

 

 

Redemption

 

 

Annual tax for said bonds

 

 

 

Old plans utilized if practicable; architect

the present prison to a unit prepared to properly care for the immediate requirements. Such unit shall be built, so far as may be deemed practicable, of prison stone by convict labor. As much of the material as may be salvaged from the old prison shall be utilized in its construction.

      Sec. 2.  The governor, the state treasurer and the state controller are hereby constituted a commission and hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of one hundred thousand dollars, the proceeds from the sale of which bonds are hereby appropriated for the purpose of constructing the unit mentioned in the preceding section. Said bonds shall be in denominations of one thousand dollars each, payable in gold coin of the United States and shall be numbered serially, and when retired shall be retired in the order of their issuance.

      Said bonds shall be signed by the governor and endorsed by the state treasurer and countersigned by the state controller and authenticated by the great seal of the state.

      Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be payable within twenty years from the date of issuance.

      Sec. 3.  Upon the issuance and execution of said bonds the same shall be sold and delivered to the best and highest bidder, the State of Nevada having preference in this transaction should funds available for their purchase be in the state permanent school fund, the university ninety-thousand grant fund, or the university seventy-two section grant fund. At least four of said bonds of one thousand dollars each shall be redeemed each year commencing June 1, 1920, and annually thereafter on the same date.

      There shall be annually levied an ad valorem tax of five-tenths of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines and on moneys derived therefrom, which shall be paid into the new state prison building interest and redemption fund which shall be used exclusively for the payment of interest and annual redemption of bonds authorized by this act.

      Sec. 4.  Plans already prepared and approved by the state board of prison commissioners shall be employed as far as practicable in the construction of the said prison. The board of prison commissioners may employ a competent architect to submit additional detailed plans and specifications for such portion of the construction as may be done either by convict labor or by free labor. It may authorize the employment of competent foremen to supervise and direct such convict labor where, in its judgment, material and construction must be procured or done, from sources or by labor other than convict labor. Said board shall advertise for a period of not more than four months for sealed bids for such material or labor as it shall determine to let by contract and shall let the contract for the same to the lowest responsible bidder; provided, that any and all bids for sufficient reasons may be rejected; provided further, that the board of prison commissioners shall approve all plans and specifications for the completion of the buildings and works herein authorized before advertising for bids, and no contract shall be let or authorized for the construction thereof which, together with other necessary expenditures to fully complete said unit, shall be of a sum to exceed $100,000.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 287 (CHAPTER 160)κ

 

of not more than four months for sealed bids for such material or labor as it shall determine to let by contract and shall let the contract for the same to the lowest responsible bidder; provided, that any and all bids for sufficient reasons may be rejected; provided further, that the board of prison commissioners shall approve all plans and specifications for the completion of the buildings and works herein authorized before advertising for bids, and no contract shall be let or authorized for the construction thereof which, together with other necessary expenditures to fully complete said unit, shall be of a sum to exceed $100,000.

      Sec. 5.  The board of prison commissioners shall provide in all contracts for time and amounts of payments thereon as the work progresses and reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by the said board. Good and sufficient bonds shall be required from the contractors. All bills for construction, services of architects, draftsmen or other indirect expenses shall be considered a portion of the cost thereof and shall be paid out of the one-hundred-thousand-dollar fund herein created upon bills approved by the board of prison commissioners and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

      Sec. 6.  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.

      Sec. 7.  “An act to provide for the establishment and erection of a state prison on the present prison farm property; providing for the construction of a cell-house; providing for the issuance and sale of bonds therefor; and to repeal all acts and parts of acts in conflict herewith,” approved March 24, 1917, is hereby repealed.

Certain bids invited by advertisement

Provisos

 

 

 

 

 

Time and amount of payments

 

Bonds from contractors

 

 

 

 

 

Faith of state pledged

 

 

 

Act of 1917 repealed

 

________

 

CHAPTER 161

Chap. 161–An Act creating a commission to revise and codify the revenue laws of the State of Nevada, and report the same for action at the next session of the legislature, and making an appropriation therefor.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  A commission is hereby created, consisting of the governor, state controller, state treasurer, and state auditor, whose duty it shall be to revise and codify all of the revenue laws of the State of Nevada into one act and report the same to the legislature for its action thereon at the next session thereof.

 

 

 

 

 

 

 

 

 

Commission to compile state revenue laws for 1917 legislature


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 288 (CHAPTER 161)κ

 

 

Assistance

 

Secretary of state to furnish copies

Appropriation, $250

the same to the legislature for its action thereon at the next session thereof.

      Sec. 2.  Said commission may employ such assistance as may be necessary in the completion of its work.

      Sec. 3.  The secretary of state is hereby directed to furnish said commission with printed copies of laws which may be required by it.

      Sec. 4.  For the purpose of carrying out the provisions of this act the sum of two hundred and fifty dollars ($250) is hereby appropriated out of any money in the general fund of the state treasury not otherwise appropriated.

 

________

 

CHAPTER 162

 

 

 

 

 

 

 

 

Salary of justice of peace of Hawthorne, Mineral County

 

 

Justice to retain civil fees

Chap. 162–An Act fixing and regulating the salary and fees of the justice of the peace in Hawthorne township, Mineral County, Nevada.

 

[Approved March 27, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act the justice of the peace of Hawthorne township, Mineral County, Nevada, shall receive a salary of twenty-five dollars per month, payable on the first Monday of each month, and the county commissioners shall order a warrant drawn for the same at their first monthly meeting of each month.

      Sec. 2.  The legal fees in this office from all criminal cases shall be paid to the county treasurer for the county, and all legal fees in the civil cases shall be given to the justice of the peace.

 

________

 

CHAPTER 163

 

 

 

 

 

 

 

 

 

Sheriff and assessor of Ormsby County segregated

Sheriff to be marshal of Carson City

Salary

Chap. 163–An Act to segregate and to consolidate certain offices in Ormsby County, Carson Township, and Carson City, State of Nevada, fixing certain salaries and other matters relating thereto.

 

[Approved March 28, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The offices of sheriff and of assessor, Ormsby County, State of Nevada, are hereby segregated and made and constituted separate offices.

      Sec. 2.  The sheriff of Ormsby County shall be ex officio city marshal of Carson City, Ormsby County, Nevada.

      Sec. 3.  The sheriff of Ormsby County, as sheriff and ex officio marshal of Carson City, Nevada, shall receive the sum of sixteen hundred and twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as sheriff and ex officio city marshal.


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 289 (CHAPTER 163)κ

 

as sheriff and ex officio city marshal. All fees and commissions due and payable, charged or received by him as such officer, shall be turned into the general fund of Ormsby County.

      Sec. 4.  The assessor of Ormsby County shall be ex officio constable of Carson township, Ormsby County, Nevada.

      Sec. 5.  The assessor of Ormsby County, State of Nevada, as assessor of Ormsby County and ex officio constable of Carson township, Ormbsy County, Nevada, shall receive the sum of sixteen hundred and twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County, Nevada, and shall be in full compensation for all services as assessor of Ormsby County, Nevada, and ex officio constable of Carson township, Ormsby County, Nevada. The said sum shall be in full compensation for all services as assessor and in his ex officio capacity as constable of Carson Township, Ormsby County, Nevada, and no fees, commissions or other charges shall be retained by said officer, but said commissions and fees shall be turned over to the county.

      Sec. 6.  The recorder of Ormsby County shall be ex officio auditor of Ormsby County, ex officio justice of the peace of Carson township, Ormsby County, ex officio coroner of Carson City, Ormsby County, Nevada, and ex officio city recorder of Carson City, Ormsby County, Nevada.

      Sec. 7.  The recorder of Ormsby County, State of Nevada, as recorder and ex officio auditor of Ormsby County, ex officio justice of the peace of Carson Township, Ormsby County, Nevada, ex officio coroner of Carson township, Ormsby County, Nevada, and ex officio city recorder of Carson City, Ormsby County, Nevada, shall receive the sum of sixteen hundred and twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County, Nevada, and shall be in full compensation for all services as recorder and ex officio auditor of Ormsby County, Nevada, ex officio justice of the peace of Carson township, ex officio coroner of Carson township, and ex officio city recorder of Carson City, Nevada. The said sum shall be in full compensation for all services as recorder and ex officio auditor and in any ex officio capacity of any kind whatsoever, and no fees, commissions or other charges shall be retained by said officer, but shall be turned over to the county or city according to the position in which received.

      Sec. 8.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 9.  This act shall take effect and be effective on and after January 1, 1921; provided, that section 2 of this act shall take effect and be in force from and after May 1, 1919.

 

 

 

Assessor ex officio constable

Salary of assessor and constable

 

 

Fees to go to county

 

 

 

 

 

Recorder to be justice of peace, coroner, and city recorder, ex officio

 

Salary of recorder and auditor

 

 

 

 

 

 

 

 

 

Fees to go to county

 

Repeal

 

In effect, Jan. 1, 1921

 

Sec. 2 immediate

 

________

 

 


…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 290κ

CHAPTER 164

 

 

 

 

 

 

 

 

Filing-cases for supreme court clerk

Chap. 164–An Act making an appropriation for filing-cases and supplies for the office of the clerk of the supreme court.

 

[Approved March 28, 1919]

 

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 now in the general fund of the state treasury not otherwise appropriated, the sum of $500, to be expended for the purchase of filing-cases and supplies for the office of the clerk of the supreme court under the direction of the board of capitol commissioners.

 

________

 

CHAPTER 165

 

 

 

 

 

 

 

 

 

 

Stock may be prohibited from running at large on certain roads and highways

 

Petition to board of county commissioners

 

 

 

 

Stock may be impounded

Chap. 165–An Act authorizing and empowering boards of county commissioners to pass ordinances to prohibit horses, cattle, swine, goats or sheep from running at large upon any portion of roads and highways of the State of Nevada, which are fenced on one side or both sides within certain districts.

 

[Approved March 28, 1919]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The boards of county commissioners of the respective counties of the state are hereby authorized, upon petition of twenty (20) per cent of the taxpayers residing in any district therein defined, to pass ordinances prohibiting horses, cattle, swine, goats or sheep from running at large upon any portion of the roads and highways within said district which are fenced on both sides.

      Sec. 2.  Such petition may be presented at any regular or special meeting of any board of county commissioners of this state, and shall define the boundaries of the district sought to be established, and shall pray that such district may be established, and that an ordinance may be passed by said board of county commissioners prohibiting any of the live stock mentioned in section one of this act from running at large therein.

      Sec. 3.  The