[Rev. 12/19/2019 5:19:25 PM]

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ê1917 Statutes of Nevada, Page 161 (CHAPTER 84)ê

 

sent to the place where they are payable in time to meet such payment when due.

      The treasurer of Elko County shall, in addition to the duties now imposed upon him by law, act as treasurer of the city and shall be ex officio city treasurer and tax receiver. He shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.

      All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information of the board, and the other of said duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the treasurer in a fund to be known as the Elko general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.

      On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed,” with the date of such redemption and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year, or oftener as may be required by the board. The mayor, city clerk, or any member of the board may at any time examine the books and vouchers of the treasurer, concerning the state of the finances and moneys in the hands of the treasurer belonging to the city.

      The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board; said bond to be in such sum as may be required by the board. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.

      Sec. 45.  Warrants.  All warrants shall be paid out of their respective funds in the order in which they shall be issued.

      Sec. 46.  Receipts for Payments.  The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.

 

Ex officio city treasurer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Redemption of warrants

 

 

 

 

 

 

 

Treasurer’s bond

 

 

 

 

Warrants

 

Receipts for payment


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ê1917 Statutes of Nevada, Page 162 (CHAPTER 84)ê

 

 

 

City money kept separate

Treasurer’s report

 

 

 

 

 

 

Special funds

 

 

 

City taxes limited to 3 per cent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revenue ordinances

what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.

      Sec. 47.  City Moneys Kept Intact.  The treasurer shall keep all money belonging to the city separate and distinct from his own money.

      Sec. 48.  Report of Treasurer.  The treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the board at the time of receiving such report.

      Sec. 49.  Special Funds.  All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and said money shall be used for no other purpose whatever.

      Sec. 50.  City Taxes.  The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding three (3) per cent upon the assessed value of all real estate, and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenues.

      Sec. 51.  Revenue Ordinances.  The board shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.


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ê1917 Statutes of Nevada, Page 163 (CHAPTER 84)ê

 

      Sec. 52.  Expenses, How Proportionately Paid.  Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost or a petition thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvement, such as laying pavements, constructing sewers, drains, sidewalks and crosswalks, curbing, macadamizing, oiling, graveling or grading any streets, avenues, or alleys or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, district street fund or any other fund.

      Sec. 53.  When Portion Is Paid from City Funds.  When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersection of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon the lots in proportion to their frontage upon the improvement, if, from the shape and size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots or such number of feet frontage as in their own opinion would be just.

      Sec. 54.  Municipal Buildings.  The cost and expense of a city hall and other buildings for the use of the city, and its officers, engine houses, and structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.

Improvements, how proportionately paid for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When partly paid from city funds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Buildings for city


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ê1917 Statutes of Nevada, Page 164 (CHAPTER 84)ê

 

 

 

 

 

 

 

 

 

Ordinance for special assessments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estimates before ordering work

land for such purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the board, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.

      Sec. 55.  Special Assessments, Ordinance For.  When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and the state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance so to state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply so to designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Sec. 56.  Estimates First To Be Had.  Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, by posting notices of the same, in at least three public places in said city, one of which shall be in or near the postoffice of the city, and in addition by posting notices in three public places near the site of said proposed work.


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ê1917 Statutes of Nevada, Page 165 (CHAPTER 84)ê

 

be in or near the postoffice of the city, and in addition by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and said notice shall so specify.

      Sec. 57.  Special Assessments.  In all cases where the board of health or other officials of the city, or the board of supervisors are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by a special assessment, and where special provisions for making the levy are not herein made, the board may cause sworn statements of the cost and location thereof to be made as provided in section 60 hereof, and may refer the same to the assessor and have the same assessed against such property.

      Sec. 58.  Any Cost Over Ten Per Cent of the Value of Property Paid by the City.  The cost and expense of any improvement may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed ten per cent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding ten per cent which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.

      Sec. 59.  Must Be Advertised.  No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      Sec. 60.  Pro Rata Assessments.  When a special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to the frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.

 

 

 

 

 

 

Special assessments

 

 

 

 

 

 

City pays all costs over 10 per cent of value of premises

 

 

 

 

 

 

 

Board to advertise for bids

 

 

 

 

 

Assessment pro rata


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ê1917 Statutes of Nevada, Page 166 (CHAPTER 84)ê

 

 

 

 

 

 

Assessor to prepare assessment roll

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.

      Sec. 61.  Assessment Roll.  Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word “unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessment roll next thereafter in a special column for special assessments, and the county auditor, acting ex officio as city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio as city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Elko from collecting any special assessment by suit in the name of the city of Elko; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.


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ê1917 Statutes of Nevada, Page 167 (CHAPTER 84)ê

 

against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      Sec. 62.  Frontage Assessment.  If the assessment be made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots as assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.

      When According to Benefit.  If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.

      Sec. 63.  Assessor’s Certificate.  When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:

(Form)

State of Nevada

City of Elko,

}

ss.

      To the Board of Supervisors of the City of Elko: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the board of said city, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for paving………..street from………..street to………….street in said city (as the case may be), (or constructing a sewer on………..street), (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the directions contained in the ordinance of the board hereinbefore referred to.                                                   ..........................., Assessor.

      Dated……………, Nevada, ……………, A. D. 19…..

      Sec. 64.  Certain Special Assessments.  When any expense shall be incurred by the city upon or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, and account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board.

 

 

Frontage assessment

 

 

 

 

 

 

 

 

 

 

 

Assessor’s certificate

 

 

 

 

 

Form of certificate

 

 

 

 

 

 

 

 

 

Certain special assessments


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ê1917 Statutes of Nevada, Page 168 (CHAPTER 84)ê

 

 

 

 

 

 

 

Board to determine amounts

 

 

 

 

Special assessment to be advertised

 

 

 

 

 

 

Two weeks in newspaper

 

Objections, how made

 

 

 

 

 

 

Form of notice

upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. And the provisions of the previous sections hereof, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to the class of improvements contemplated in this section.

      Sec. 65.  Board to Determine.  The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.

      Sec. 66.  Notice of Assessment To Be Published.  Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board shall cause notice to be published for at least two weeks in some newspaper published in the city, after the filing of the same with the city clerk, and appointing a time when the board and assessor will meet to review the assessments.

      Objection to Assessment, How Made.  Any person objecting to the assessment may file his objection thereto with the city clerk.

      The notice provided for in this section may be addressed to the persons who names appear upon the assessment roll and to all others interest therein, and may be in the following form:

 

Notice of Special Assessment

      (Form of notice.) To……………(insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:

      That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e. g., paving…………….street to……………street in the city of Elko) or (constructing a sewer on……………street between……………street and……………street) or (as the case may be) is now on file at my office for public inspection.


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ê1917 Statutes of Nevada, Page 169 (CHAPTER 84)ê

 

at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Elko will meet in the…………….room in this city on……………(insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.

      Date……………….                                                        ………………….., City Clerk.

      Sec. 67.  Assessment Corrected, How.  At the time appointed for the purpose aforesaid the board and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of conformation, which shall be in the following words:

      Special assessment roll for the……………(describing fully what the assessment is for)……………approved by the board the……….day of……………(month), 19…….

      Dated……………….                                                      ………………….., City Clerk.

      Sec. 68.  Assessment Roll.  When any special assessment roll is approved by the board it shall be final and conclusive. Said roll, when so endorsed by the city clerk shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Sec. 69.  Special Assessments a Lien on Property.  All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than four installments to be collected semiannually, at such time as the board may determine.

      Sec. 70.  Special Assessments Due on Approval.  All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.

      Sec. 71.  On Dividing Property, How Apportioned.  Should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive of all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

 

 

 

 

 

Correction of assessment, how made

 

 

 

 

 

 

 

 

Form of endorsement

 

 

Roll final and conclusive, when

 

 

 

Special assessments lien on premises

 

 

 

When due

 

 

How apportioned on divided property


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ê1917 Statutes of Nevada, Page 170 (CHAPTER 84)ê

 

 

Deficit paid by city

 

 

 

Excess returned

 

New assessment, when

 

 

 

 

 

 

 

Previous payments applied on reassessment

 

 

Special assessment, how enforced

made upon such lots or lands shall be according to such subdivision.

      Sec. 72.  When Insufficient, Deficit Paid by City.  Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom is was paid.

      Sec. 73.  New Assessment, When.  Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.

      Sec. 74.  Previous Payments, How Applied.  Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises.

      Sec. 75.  Special Assessment, How Enforced.  When any special assessment shall be approved and payable, the board may direct the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively. Upon receiving such report the assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.


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ê1917 Statutes of Nevada, Page 171 (CHAPTER 84)ê

 

proceedings in making the assessment and of the right of the city to recover judgment therefor.

      Sec. 76.  Irregularities, How Remedied.  If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      Sec. 77.  “Taxpayer” Defined.  A “taxpayer,” within the meaning of this charter, shall be construed to be and include all persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.

      Sec. 78.  All publications herein provided for shall be made in a newspaper of general circulation published in the city; provided, however, the cost of publication shall not exceed the usual commercial rates.

      Sec. 79.  Amendments.  This charter may be amended in the following manner: Proposed amendments may be initiated either by the board or by the initiative petition as provided in section 29. Any proposal thereby submitted to the electors for approval shall take the regular course in this charter prescribed, and, if approved by the majority, this charter shall be considered so amended.

      Sec. 80.  In Effect.  This act shall take effect from and after its passage and approval.

 

 

Irregularities, how cured

 

 

 

 

 

Definition of “taxpayer”

 

 

 

 

 

 

 

 

Publications to be made in newspaper

 

Method of amending charter

 

 

 

Immediate effect

 

________

 

CHAPTER 85

Chap. 85–An Act to amend section 3 of article IX of an act entitled “An act to incorporate the town of Reno, and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and further amended on March 28, 1907.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section three of said act is hereby amended so as to read as follows:

 


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

ê1917 Statutes of Nevada, Page 172 (CHAPTER 85)ê

 

Chief of police of Reno to execute all process from municipal court

 

 

 

 

Chief’s salary

      Section 3.  The chief of police shall execute all process issuing from the municipal court. In his absence or inability to act, his assistant may act in his place. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to said city which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the city council shall require and shall be approved by said council. The duties of said chief of police may be more fully defined and provided for by such ordinances of the city council as it shall from time to time enact. The chief of police shall receive a salary in the sum of not to exceed twenty-four hundred dollars per annum, payable in equal monthly installments.

 

________

 

CHAPTER 86

 

 

 

 

Relief of Braun-Knecht Heimann Co.

 

 

Relief of E. R. Bennett

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $103.57

Chap. 86–An Act for the relief of certain persons.

 

[Approved March 14, 1917]

 

      Whereas, The Braun-Knecht-Heimann Company, by proper authority, delivered to the Tonopah school of mines goods and supplies of the value of ninety-one dollars and seventy-two cents ($91.72) and rendered its claim therefor, after the appropriation therefor had reverted; and

      Whereas, E. R. Bennett, by proper authority, paid sundry power and light bills for the Tonopah school of mines to the amount of eleven dollars and eighty-five-cents ($11.85), and rendered his claim therefor, after the appropriation therefor had reverted; and

      Whereas, Both of the above-mentioned claims were duly rendered and have been duly examined, allowed and approved by the board of examiners of the State of Nevada and are just and legal claims against the State of Nevada; and

      Whereas, The sum of eight hundred and sixteen dollars and thirty-two cents ($816.32) of the appropriation for the Tonopah school of mines reverted to the general fund of the state treasury on January 1, 1917; 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 three dollars and fifty-seven cents ($103.57) is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be paid out and distributed as follows:

      To Braun-Knecht-Heimann Company, ninety-one dollars and seventy-two cents ($91.72); to E. R. Bennett, eleven dollars and eighty-five-cents ($11.85).

      Sec. 2.  The state controller is hereby directed to draw his warrants in favor of the persons mentioned herein for the respective amounts above set forth, and the state treasurer is hereby directed to pay the same.

 

________

 

 


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ê1917 Statutes of Nevada, Page 173ê

CHAPTER 87

Chap. 87–An Act to provide for the consolidation of two one-teacher rural school districts adjoining each other, but situated one in each of two adjoining counties.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The boards of county commissioners of any two adjoining counties in which there are two one-teacher rural school districts adjoining each other, but situated one in each of said adjoining counties, in which the total number of school census children does not exceed forty, may by separate action unite the two schools and form a consolidated school district, on the recommendation of the state superintendent of public instruction, and without formal petition of the residents of said districts; provided, that the state superintendent before making such recommendation shall have been thereto requested by the parents representing a majority of the school census children in the two districts, and shall have satisfied himself that the educational needs of the two districts would thereby be more efficiently promoted.

      Sec. 2.  The name of the district thus formed shall be consolidated school district No.………. (blanks to be filled by the initial letters of the two counties, as “H. W.”).

      Sec. 3.  Upon receiving notice from the county boards of commissioners that favorable action has been taken on the recommendation made, the state superintendent shall appoint a board of trustees who shall serve until the first Monday in May following the next regular school election. The persons this appointed shall take the oath of office as soon as possible thereafter and organize as a board by electing one of their number as president and another as clerk.

      Sec. 4.  The consolidated school district this established and organized shall come under the benefits and privileges of the general school consolidated act, approved February 26, 1915; and its board of school trustees shall have all the powers and duties pertaining to school boards in all other school districts.

 

 

 

 

 

 

 

 

 

Commissioners of adjoining counties may consolidate certain adjoining one-teacher schools

 

Proviso

 

 

 

 

Name of said district

 

Joint board of school trustees

 

 

 

 

Under general school consolidation act

 

________

 

CHAPTER 88

Chap. 88–An Act to promote efficiency in the public schools by payment of transportation expenses of teachers to and from teachers’ institutes.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of school boards whenever a teachers’ institute in called for the county or supervision district in which their respective school districts are located to pay the actual necessary transportation expenses of any teacher or teachers under their charge to and from such institute or institutes out of the county school fund of their respective school districts unless such teacher or teachers are excused for cause from attending such institute by legally authorized authority; provided, that such attending covers the entire session of such institute or institutes; and, provided further, that such teacher or teachers shall avail themselves of the reduced rates granted by railroad and stage companies.

 


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

ê1917 Statutes of Nevada, Page 174 (CHAPTER 88)ê

 

Transportation of teachers to state or district institutes paid from county school fund

Proviso

 

 

 

Proviso

 

This act supplementary

to pay the actual necessary transportation expenses of any teacher or teachers under their charge to and from such institute or institutes out of the county school fund of their respective school districts unless such teacher or teachers are excused for cause from attending such institute by legally authorized authority; provided, that such attending covers the entire session of such institute or institutes; and, provided further, that such teacher or teachers shall avail themselves of the reduced rates granted by railroad and stage companies.

      Sec. 2.  School boards are authorized under the same conditions as named in section one of this act to pay a part or all of the transportation expenses of any teacher or teachers attending any state teachers’ institute; provided, that such attending covers the entire session of such institute.

      Sec. 3.  The provisions of this act are to be construed as supplementing any other legal provisions now in force in reference to teachers’ institutes and as not in conflict with them.

 

________

 

CHAPTER 89

 

 

 

 

 

 

 

 

 

Providing for refund of doubly paid county tax money

 

 

 

 

Limitation, 6 months

 

Same for state taxes

 

 

 

 

 

Limitation, 2 years

Chap. 89–An Act regulating the manner of procedure for obtaining refund of state, county and other taxes which have been twice paid, and making an appropriation therefor.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Wherever it shall appear to a board of county commissioners in any county in this state, by competent evidence, that through mistake or inadvertence the county and school district tax for any one tax year has, by reason of the assessment of the same piece or pieces of property to two or more persons, been paid twice or more times, said board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund such excess payment to the assignee of all claims for such overpayment.

      Sec. 2.  The claim therefor must be presented to the board of county commissioners within six months after such double payment of taxes has been made.

      Sec. 3.  Whenever it shall appear to the state board of examiners of the State of Nevada, by competent evidence, that through mistake or inadvertence the state tax for any one year has, by reason of the assessment of the same piece or pieces of property to two or more persons, been paid twice or more times, said board of examiners, by its unanimous resolution, may direct the state controller to draw his warrant for refund of such excess payment in favor of the assignee of all claims for such overpayment.

      Sec. 4.  The claim therefor must be presented to the state board of examiners within two years after such double payment of taxes has been made.


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

ê1917 Statutes of Nevada, Page 175 (CHAPTER 89)ê

 

      Sec. 5.  If any person shall feel aggrieved by the action taken by any board of county commissioners on any such claim, an action may be prosecuted thereon for and on behalf of such person against said county, as on other rejected county claims.

      Sec. 6.  If any person shall feel aggrieved by the action taken by said board of examiners on any such claim, an action may be prosecuted thereon for and on behalf of said person against the State of Nevada under and pursuant to the provisions of sections 3653-3655, Revised Laws of Nevada, 1912, which are hereby made applicable to any such action.

      Sec. 7.  For the purpose of carrying out the provisions of this act the sum of one thousand ($1,000) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to be used in making refund for double payment of state taxes only.

Recourse for dissatisfied claimants-county

Same-state

 

 

 

 

Appropriation, $1,000

 

________

 

CHAPTER 90

Chap. 90–An Act to fix the salary and compensation of the justice of the peace of Jarbidge township, Elko County, State of Nevada.

 

[Approved March 14, 1917]

 

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 Jarbidge township, Elko County, State of Nevada, shall receive in full compensation for all services, except ex officio services and that of registry agent, the sum of seventy-five ($75) dollars per month.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

Jarbidge justice of peace-salary

 

 

Repeal

 

________

 

CHAPTER 91

Chap. 91–An Act to amend section 3266 of chapter 4 (section 28 of chapter 4, School Code of 1915) of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, and as amended March 13, 1915.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3266 (28) of the above-entitled act is hereby amended to read as follows:

      Section 3266 (28).  The state board of education may grant a life diploma to any resident of the State of Nevada who shall present evidence of having taught successfully and continuously for a period of sixty months, twenty-four of which shall have been in the State of Nevada; provided, that in the discretion of the state board of education the exact continuity of teaching experience may be waived. Such life diploma may be granted to any resident of Nevada who shall have taught the required number of months and who shall hold a renewable Nevada certificate,

 

 

 

 

 

 

 

 

 

 

 

 

Teaching diplomas, life, how granted


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

ê1917 Statutes of Nevada, Page 176 (CHAPTER 91)ê

 

 

 

 

Proviso

may be granted to any resident of Nevada who shall have taught the required number of months and who shall hold a renewable Nevada certificate, or who shall hold a special certificate that has been the applicant’s only license to teach for a period of at least sixty months previous to the application for such life diploma; provided, that when a teacher is a graduate of a standard normal college and has taught successfully and continuously in public schools outside the State of Nevada for a period of not less than fifty months such teacher may, in the discretion of the state board of education, be granted a life diploma after having successfully taught in private schools in the State of Nevada for a period of not less than thirty months, and who shall have possessed, while teaching in such private schools, a legal Nevada certificate of renewable grade. A life diploma granted under this section shall be of the same grade and of the same name as the certificate held by the applicant at the time of the application for the life diploma, and shall entitle the holder thereof to teach in any school in the State of Nevada of the grade of the certificate upon which the life diploma was granted, or to teach those subjects in any school which the special certificate entitled the holder to teach at the time of the application for the life diploma.

 

________

 

CHAPTER 92

 

 

 

 

 

 

 

 

 

Fixing fees of recorder of Lincoln County

Chap. 92–An Act fixing and establishing the fees to be charged in certain cases by the county recorder of Lincoln County, in the State of Nevada, and providing for the disposition of such fees.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county recorder of the county of Lincoln, State of Nevada, shall charge and collect fees as follows:

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

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

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

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

      For every certificate under seal, one dollar.

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

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

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


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

ê1917 Statutes of Nevada, Page 177 (CHAPTER 92)ê

 

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

      For recording town plat, 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 certificates of marriage, one dollar.

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

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

      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 recording, filing, and indexing each mining notice or certificate of location, one dollar.

      For filing, recording and indexing each proof of labor or affidavit of assessment work, fifty cents for the first claim and twenty-five cents for each and every claim; provided, that not more than one folio for each proof of labor or affidavit of assessment; if more than one folio a fee of thirty cents per folio shall be charged,

      Sec. 2.  All fees collected under the provisions of the foregoing act shall be paid into the county treasury on or before the first Monday of each month; provided, however, that one-half of the fee charged for abstract of title shall be retained by the county recorder.

Fixing fees of recorder of Lincoln County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees go to county treasury

 

________

 

CHAPTER 93

Chap. 93–An Act to authorize the board of county commissioners of White Pine County, State of Nevada, to issue bonds in the amount of fifteen thousand ($15,000) dollars for the purpose of providing funds to purchase sites, erect buildings, furnish and equip the same for school purposes in Ely school district No. one, of said county, and to liquidate certain indebtedness of said district, and matters properly relating thereto.

 

[Approved March 14, 1917]

 

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, State of Nevada, is hereby authorized, empowered and directed to prepare and issue bonds of the said county, said bonds to be issued on or before the first day of February, 1918, for an amount not to exceed the sum of fifteen thousand ($15,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of sites, erection of buildings, and the furnishing and equipment of the same for school purposes in Ely school district No. one,

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for Ely school district No. 1


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

ê1917 Statutes of Nevada, Page 178 (CHAPTER 93)ê

 

 

 

 

County commissioners to issue bonds

 

 

 

 

Clerk to keep record

 

 

Negotiation of bonds

 

 

 

 

 

 

Interest and redemption

 

 

 

 

Fund created

 

 

 

 

School trustees to use money for various purposes

ment of the same for school purposes in Ely school district No. one, of said county, and for the further purpose of liquidating any indebtedness now existing and payable by said Ely school district No. one.

      Sec. 2.  The board of county commissioners of said White Pine 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, and each of said coupons shall be consecutively numbered and signed by the chairman of said board and the 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 White Pine 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 made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be numbered consecutively from one to thirty, and shall be redeemable at the rate of two each year, and the interest on the same shall not exceed six per cent per annum, payable semiannually on the first Mondays of January and July of each year, beginning with the first Monday of July, 1918. Said bonds shall be in the denomination of five hundred ($500) dollars each.

      Sec. 6.  The 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 “Ely School District Fund No. Two,” and to pay out said moneys only in the manner provided by law, and for the purposes for which the same were received.

      Sec. 7.  The board of trustees of said Ely school district No. one is 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 sites for the construction, equipment and furnishing of a school building, or school buildings, in the said Ely school district No. one, and for the payment of any existing indebtedness of said school district, and any balance remaining in said funds, after the completion, equipment and furnishing of the said building or buildings, and the purchase of such site or sites, and the payment of such indebtedness, shall be put into a fund herein provided for, for the redemption and payment of said bonds and the interest.


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

ê1917 Statutes of Nevada, Page 179 (CHAPTER 93)ê

 

purchase of such site or sites, and the payment of such indebtedness, shall be put into a fund herein provided for, for the redemption and payment of said bonds and the interest.

      Sec. 8.  Said board of trustees of Ely school district No. one shall select and purchase a site or sites, and shall determine as to the character of said building or buildings, the materials to be used therefor, and when said determination is made to said board shall advertise for bids for the construction of said school building or buildings, and let the construction thereof to the lowest and most 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 board of trustees of said Ely school district in carrying out the provisions of this act. All demands and bills contracted by said board of trustees of said Ely school district shall be paid in the manner now provided by law; provided, that no such bill shall be allowed until the plans for said school building or buildings shall have been approved by the state superintendent of public instruction.

      Sec. 9.  As soon as possible after the passage of this act, or after this act shall become a law, the board of trustees of said Ely school district shall proceed to select and purchase an appropriate site for said school building in the city of Ely in said county, and the said board of trustees of said Ely school district shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 10.  The county treasurer of said White Pine County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and required to levy and collect annually a special tax upon the assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Ely school district, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, two of said bonds annually, beginning with the first Monday of July, 1918, 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 “Ely School District Fund No. Two”; provided, however, that if the amount of the taxes levied upon the property within said Ely school district shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section the board of county commissioners of said White Pine County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said White Pine County, and continue such levy from year to year to meet any deficit which may occur in said “Ely School District Fund No.

 

 

 

Trustees to let contracts for school buildings

 

 

 

 

 

 

 

 

 

 

To execute purposes of act

 

 

 

County treasurer liable as custodian

 

Fund for redemption of bonds

 

Special tax

 

 

 

 

 

 

 

 

Proviso


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ê1917 Statutes of Nevada, Page 180 (CHAPTER 93)ê

 

 

 

 

 

 

 

 

Faith of county pledged

 

 

Interest must be promptly paid

 

 

Residue for contingent school fund

 

 

 

County treasurer to cancel paid bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

amount of the taxes levied upon the property within said Ely school district shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section the board of county commissioners of said White Pine County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said White Pine County, and continue such levy from year to year to meet any deficit which may occur in said “Ely School District Fund No. Two,” and the faith and credit of White Pine County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions and tenor thereof.

      Sec. 12.  It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first Monday of July, 1918, and thereafter on the first Mondays of January and 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 Ely school district.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 15.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on 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.

 

________

 

 


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ê1917 Statutes of Nevada, Page 181ê

CHAPTER 94

Chap. 94–An Act making the assignment of wages, salary, or earnings under certain conditions conclusive evidence of fraud.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every assignment of wages, salary, or earnings made by any person against whom there is, at the time of such assignment is made, an unsatisfied judgment for debt on the records of any court within the county in which such judgment debtor resides, shall be conclusive evidence of fraud, and shall be void as against the judgment creditors of the person making such an assignment.

 

 

 

 

 

 

 

 

Certain assignments of wages evidence of fraud

 

________

 

CHAPTER 95

Chap. 95–An Act to provide for the erection and equipment of an agricultural building at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.

 

[Approved March 14, 1917]

 

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 eighty thousand dollars. 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 cent 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. Said bonds shall be sold at par, and the proceeds thereof shall be placed in a fund to be known as university agricultural building fund. At least four of said bonds of one thousand dollars each shall be redeemed each year commencing June 1, 1918, and annually thereafter on the same date.

 

 

 

 

 

 

 

 

 

Bonds authorized for agricultural building at university

 

 

 

 

 

 

 

University agricultural building fund created


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

ê1917 Statutes of Nevada, Page 182 (CHAPTER 95)ê

 

Special state tax for interest and redemption of bonds

 

 

 

 

 

 

Board of regents to erect building

 

 

 

 

 

 

 

 

 

 

 

 

Bond from contractors to protect state

      Sec. 3.  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 all moneys derived therefrom shall be paid into the university agricultural 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 regents of the state university is hereby authorized and directed to erect an agricultural building at the University of Nevada and to provide for the heating and 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 eighty thousand dollars. Said board of regents on or before the first day of September, 1917, 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 thereof 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 regents 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 the employment of architect and for the erection and the heating and lighting system of said building and equipment thereof shall be paid out of the university agricultural building fund, herein provided for in section 2, upon bills approved by the board of regents of the state university, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 183ê

CHAPTER 96

Chap. 96–An Act to amend section sixty-five of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911 (being section 3303 of the Revised Laws of Nevada, 1912).

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section sixty-five of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, is hereby amended to read as follows:

      Section 65.  It shall be the duty of the board of trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet on the first Monday in May following their election, or as soon as practicable thereafter, after taking the oath of office, at such place as may be most convenient in the district, and to organize by electing one of their number president of the board and another as clerk. It shall be the duty of the president to preside at the meetings of the board. It shall be the duty of the clerk to record the proceedings of the board in a book to be provided for the purpose, and all such proceedings when so recorded shall be signed by such clerk. Said book shall at all times be subject to the inspection of the deputy superintendent of public instruction and of any taxpayer in the district. In districts having a school-census population of three hundred or more and not exceeding one thousand, the clerk of the board of trustees may receive such salary as said board may allow; provided, that such salary shall not exceed twenty-five dollars per month; provided, that in districts having a school-census population of one thousand or more, the clerk of the board of trustees shall receive a salary not to exceed fifty dollars per month.

 

 

 

 

 

 

 

 

 

Organization of boards of school trustees

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of clerk of board

 

________

 

CHAPTER 97

Chap. 97–An Act to regulate the fees of the county clerk of Lincoln County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of the county of Lincoln, State of Nevada, as county clerk and ex officio clerk of the district court of the Tenth judicial district of the State of Nevada, in and for the county of Lincoln, shall, from and after the passage of this act, charge and collect the following fees:

      On commencement of any action or proceeding in the district court or on an appeal thereto, or on the transfer of any case from a justice’s court, except probate proceeding, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court by the plaintiff therein, seven dollars, said fees to be in addition to the court fee now provided by law and known as the docket tax.

 

 

 

 

 

 

 

 

Fees of clerk of Lincoln County


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

ê1917 Statutes of Nevada, Page 184 (CHAPTER 97)ê

 

Fees of clerk of Lincoln County

case from a justice’s court, except probate proceeding, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court by the plaintiff therein, seven dollars, said fees to be in addition to the court fee now provided by law and known as the docket tax.

      On filing of a petition for letters testamentary, or of administration or guardianship, eight dollars and fifty cents, to be paid by the petitioner; said fee to be in addition to the court fee now provided by law, and known as the docket tax.

      On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner.

      On the filing of objection or cross-petition to the appointment of an executor, administrator, or guardian, or an objection to the settlement of account or any proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      On the commencement of proceedings in an adoption case, five dollars.

      On appearance of any defendant or any number of defendants jointly, five dollars.

      On the appearance of every additional defendant appearing separately, or any number of additional defendants appearing jointly, two dollars and fifty cents.

      On the filing of a complaint in intervention, two dollars and fifty cents.

      The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll.

      The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing same, two dollars and fifty cents, which shall be in full for all services to be rendered in connection with said motion.

      For issuing an execution or order of sale in any action, one dollar.

      For filing a notice of appeal, and appeal bond, each, fifty cents.

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

      For issuing transcript of judgment and certifying thereto, one dollar.

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

      For filing any paper in any case after judgment, not otherwise provided for, fifteen cents.


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

ê1917 Statutes of Nevada, Page 185 (CHAPTER 97)ê

 

      For making satisfaction of or credit on judgment, twenty-five cents.

      For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in an action or proceeding in court, as otherwise specified in this act, twenty cents per folio.

      For certifying any copy of any record, proceedings or paper on file in the office of clerk, fifty cents, and when such copy is made by him, per folio, fifteen cents.

      For filing each claim in probate or insolvency proceedings, fifteen cents.

      For filing all papers to be kept by him, not otherwise provided for, other than papers filed in an action or proceedings in court, and official bonds and certificates of appointment, each, fifteen cents; and for indexing, twenty-five cents.

      For filing, indexing and recording articles of incorporation, ten dollars.

      For filing, indexing and registering certificates of copartnership, one dollar.

      For issuing marriage license, two dollars, one-half to be paid to county recorder.

      For administering each oath, without certificate, except in pending actions or proceedings, twenty-five cents.

      For issuing any certificate under seal, not otherwise provided for, fifty cents.

      For taking any affidavit, except in criminal cases, twenty-five cents.

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

      For taking acknowledgment of any deed or other instrument, including the certificate, one dollar.

      No fee shall be charged by the clerk for any services rendered in any criminal case or habeas corpus proceedings.

      In all proceedings begun, or for acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed shall be charged and collected.

      Sec. 2.  All fees collected by the county clerk under the provisions of this act shall be by him turned into the general funds of said Lincoln County each month; provided, he may retain for his use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens.

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

Fees of clerk of Lincoln County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No fees in criminal or habeas corpus proceedings

 

 

All fees to general fund of county

Exception

 

 

 

Repeal

 

________

 

 


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ê1917 Statutes of Nevada, Page 186ê

CHAPTER 98

 

 

 

 

 

 

Preamble

 

 

 

 

 

University to have effects left from Panama expositions

 

 

 

 

 

How distributed

 

 

 

 

 

 

 

 

 

 

Regents to make distribution

Chap. 98–An Act to provide for the distribution of property remaining after the Panama-Pacific and Panama-California expositions to certain departments of the University of Nevada.

 

[Approved March 14, 1917]

 

      Whereas, The University of Nevada aided materially in and certain departments thereof were responsible in a large measure for the successful accumulation and presentation of the Nevada exhibits at the Panama-Pacific exposition and the Panama-California exposition, heads of said departments and subordinates thereof having without charge for service to the state collected and supervised the exhibition of the entire Nevada exhibits; and

      Whereas, There remain, subject to the disposition of the state, various articles of furniture, booths, fixtures, cases, ornaments and exhibits which are now stored at the University of Nevada, and these require proper distribution and permit some measure of acknowledgment for the aforesaid services rendered.

 

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

Assembly, do enact as follows:

 

      Section 1.  All of the articles and materials mentioned in the preamble of this act shall be distributed by the board of regents of the University of Nevada and in such distribution the mining department, the engineering department, and the agricultural department shall have preferential treatment. The agricultural exhibit booths, with appropriate columns, fixtures, cases, ornaments and exhibits shall be distributed to the agricultural department and the mining exhibit booths, with appropriate columns, fixtures, cases, ornaments and exhibits, shall be distributed to the mining department. The mining exhibits donated by exhibitors and entrusted already to the mining department may be retained there, and in like manner the agricultural exhibits donated by exhibitors and entrusted already to the agricultural department may be retained there.

      Sec. 2.  The board of regents of the university shall forthwith make the distribution provided for in this act conformably to this act, and where not specifically directed shall make the distribution as in its judgment may appear best.

 

________

 

CHAPTER 99

 

 

 

 

 

 

Preamble

Chap. 99–An Act to provide for the publication of bulletins, circulars, and periodicals of the agricultural extension division, University of Nevada, at the state printing office.

 

[Approved March 14, 1917]

 

      Whereas, The provisions of chapter 249, Nevada Statutes, 1913, provide for a monthly publication of sixteen pages and fifteen hundred copies by the Nevada experiment station (such assignment which is applicable to the agricultural extension division), and which said authority to publish is entirely insufficient to meet the needs of said agricultural extension division; and


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

ê1917 Statutes of Nevada, Page 187 (CHAPTER 99)ê

 

fifteen hundred copies by the Nevada experiment station (such assignment which is applicable to the agricultural extension division), and which said authority to publish is entirely insufficient to meet the needs of said agricultural extension division; and

      Whereas, In the cooperative agreement annually entered into with the United States Department of Agriculture for agricultural extension work in the State of Nevada the cost of such publications at the state printing office may be properly entered as a part of the state’s appropriation toward such cooperative work, and for such reason it is desirable to express the value thereof in money; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state printer is hereby authorized and directed to publish at the state printing office such bulletins, circulars or periodicals as may be required by the agricultural extension division, University of Nevada, not exceeding for cost of paper, composition, printing and binding the sum of one thousand ($1,000) dollars per year, payable from any appropriation in support of the state printing office; provided, that the state printer shall be reimbursed the cost of any publication of said division in excess of said amount from any federal or state appropriation in support of said agricultural extension division.

 

 

 

Preamble

 

 

 

 

 

 

 

 

State Printer to do printing for agricultural extension division to extent of $1,000 per year

 

________

 

CHAPTER 100

Chap. 100–An Act to appropriate funds for use in case of emergencies affecting the public health and safety.

 

[Approved March 14, 1917]

 

      Whereas, Dread diseases and afflictions, such as infantile paralysis and spinal meningitis, have suddenly appeared and become epidemic within recent years in the several states, to the great peril and injury of the public health; and

      Whereas, The State of Nevada may be similarly visited, despite care and precaution, and there is no adequate fund to provide against and care for such an emergency; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of ten thousand dollars ($10,000) is hereby appropriated, from the general fund in the treasury of the State of Nevada not otherwise appropriated, as an emergency fund to be expended by the state board of health, subject to the approval of the governor, when it appears to the state board of health and the governor that a great menace to the public health and safety exists and is beyond the control of the county, municipal or other local authorities.

 

 

 

 

 

Preparing for epidemics

 

 

 

 

 

 

 

 

 

Emergency fund, $10,000


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

ê1917 Statutes of Nevada, Page 188 (CHAPTER 100)ê

 

Regular payments

      Sec. 2.  All claims incurred in carrying out the provisions of this act shall be paid in the same manner as other state claims are paid.

 

________

 

CHAPTER 101

 

 

 

 

 

 

 

 

To perfect title to certain state property

Chap. 101–An Act providing an appropriation for payment of abstracts of title to state lands.

 

[Approved March 14, 1917]

 

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, in payment for the preparation of new abstracts of title and completion of old abstracts of title to the state fish hatchery grounds, the insane asylum grounds, and the university grounds, to be used in pending litigation concerning the water rights of said properties.

      Sec. 2.  Claims against said appropriation shall be allowed and paid in the usual course of claims against the state.

 

________

 

CHAPTER 102

 

 

 

 

 

 

 

 

Salary of constable of Goodsprings township

 

 

 

 

In effect April 1, 1917

Chap. 102–An Act fixing the salary of the constable of Goodsprings township, Clark County, State of Nevada, and providing for the payment thereof.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The constable of Goodsprings township, Clark County, Nevada, shall receive a salary of fifty ($50) dollars per month; provided, that all fees collected by said constable shall be paid into the treasury of Clark County.

      Sec. 2.  The county auditor of Clark County, Nevada, shall draw his warrant in favor of the constable of Goodsprings township, and the county treasurer of said county shall pay the same.

      Sec. 3.  This act shall take effect on the first day of April, 1917.

 

________

 

CHAPTER 103

 

Chap. 103–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]

 

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, 1919, 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 eighteen hundred dollars per annum.


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

ê1917 Statutes of Nevada, Page 189 (CHAPTER 103)ê

 

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 eighteen 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-named 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 and be in force from and after January 1, 1919.

Fixing salaries of certain justices of the peace in Nye County

 

 

 

 

 

 

 

 

 

Other justices to receive fees only

 

Repeal

In effect Jan. 1, 1919

 

________

 

CHAPTER 104

Chap. 104–An Act to authorize and direct the board of school trustees of Lyon County school district number eighteen, of Lyon County, State of Nevada, to issue bonds for the purpose of liquidating, canceling, and retiring floating indebtedness outstanding prior to date of present bond issue.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of school district No. 18, Lyon County, State of Nevada, is hereby authorized and required to prepare and issue bonds of said school district in the amount of two thousand five hundred dollars, or such portion thereof as may be necessary, for the purpose of providing funds for paying off, liquidating, canceling, and retiring floating indebtedness outstanding against said school district at the time of the issuance of the present bonds thereof, which said floating debt was created in the construction and equipping of school property owned and used by said district, and in the conduct of the schools of said district prior to the issuance of the present bonds, and the equipment and construction of the schoolhouse now used and occupied by said district for school purposes.

 

 

 

 

 

 

 

 

 

 

Bonds for school district No. 18, Lyon County


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ê1917 Statutes of Nevada, Page 190 (CHAPTER 104)ê

 

Denomination of bonds; interest limited

 

 

 

 

 

Negotiation of bonds

 

 

 

 

Floating debt fund created

 

 

 

 

Refunding bond redemption and interest fund created

 

 

 

 

 

 

 

Interest paid semi-annually

 

 

 

 

Interest ceases, when

      Sec. 2.  The bonds authorized hereunder shall be issued in the sum of two hundred and fifty dollars each; shall bear interest at a rate not to exceed six per cent per annum; said bonds shall be numbered from one to ten, inclusive, and shall be signed by the president and clerk of said board of school trustees and countersigned by the treasurer of Lyon 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 clerk of said board of trustees.

      Sec. 3.  The board of school trustee of said school district No. 18 are hereby authorized to negotiate the sale of the said bonds by advertising for sealed bids, or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and that the principal and interest of said bonds shall be made payable in gold coin of the United States.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Lyon County, Nevada, and the said county treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Lyon County School District No. Eighteen Floating Debt Fund,” and to pay out said moneys only on warrants signed by the president and clerk of the board of school trustees of said school district No. 18.

      Sec. 5.  For the purpose of creating a fund for the payment of said bonds as authorized by this act and the interest thereon, the board of county commissioners of Lyon County is hereby authorized and required, at the time of making the annual levy of taxes for state and county purposes for the year 1917, and annually thereafter, to levy sufficient tax on all property, both real and personal, to redeem one of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by this act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected and shall be paid into the county treasury and set apart as a fund, which is hereby created, to be known as the “Lyon County School District No. Eighteen Refunding Bond Redemption and Interest Fund.”

      Sec. 6.  On the first Monday in July, A. D. 1918, and every year thereafter one of said bonds, together with the interest thereon and the accumulated interest on all unredeemed bonds, shall be paid. The payment and redemption of said bonds shall be in the order of their issuance, the lowest-numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act, together with the interest coupons, have been paid off and redeemed.

      Sec. 7.  No bond or coupon herein provided for shall draw interest after the date same shall become due and payable. Said bonds shall mature following their numerical order, and beginning the first Monday in July, 1918, one each year thereafter until all are paid.


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ê1917 Statutes of Nevada, Page 191 (CHAPTER 104)ê

 

and beginning the first Monday in July, 1918, one each year thereafter until all are paid.

      Sec. 8.  As and when the bonds herein provided for shall be redeemed, the county treasurer shall mark same “Paid” across the face thereof, with his signature and the date of payment, turn 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. All bonds and interest coupons issued hereunder shall be payable at the office of the county treasurer of Lyon County.

      Sec. 9.  Whenever the bonds and interest herein provided for shall have been 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 Lyon County, be transferred to the county school fund of said school district No. 18.

      Sec. 10.  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 thereunder shall have been paid in full.

 

 

Treasurer to cancel paid bonds

 

 

 

 

 

Residue reverts to county school fund

 

 

Faith of state pledged

 

________

 

CHAPTER 105

Chap. 105–An Act fixing the compensation of county officers in Nye County, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and abolishing certain offices, and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 14, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county officers of Nye County, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices:

      Sec. 2.  The district attorney shall receive a salary of thirty-six hundred dollars per annum for all his services as such officer. He shall have such deputy or deputies, to be named by him, as the board of county commissioners of said Nye County, by unanimous consent, may deem necessary, and at such time and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county-seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than is herein provided for the performance of his official duties.

 

 

 

 

 

 

 

 

 

 

Fixing salaries of Nye County officers


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ê1917 Statutes of Nevada, Page 192 (CHAPTER 105)ê

 

Fixing salaries of Nye County officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

      Sec. 3.  The county clerk shall receive a salary of three thousand dollars per annum for all his services in said office, and shall be allowed one deputy, to be named by him, at a compensation of eighteen hundred dollars per annum. Neither the county clerk nor his deputy shall receive, either directly or indirectly, for any services, any other of the public moneys of the state or county.

      Beginning with the term commencing in January, A. D. 1919, the county clerk shall be ex officio treasurer of Nye County, and shall assume and perform all the duties of such office without additional compensation. The board of county commissioners, by unanimous consent, may allow the ex officio treasurer to have such deputy or deputies as in their judgment may be necessary, at such compensation and for such length of time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners.

      The county clerk shall collect in advance, and monthly turn into the county treasury, such fees and compensations as are now provided by law for services in his office.

      Sec. 4.  The county recorder and auditor of said county shall receive a salary of three thousand dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He shall be allowed one deputy, to be named by him, at a salary of eighteen hundred dollars per annum, and shall have such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and at such compensation and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners.

      Sec. 5.  The sheriff of said county shall receive a salary of four thousand dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one undersheriff, to be selected by him, at a compensation of eighteen hundred dollars per annum, and such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and for such time and compensation as they may fix. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county-seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office,


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

ê1917 Statutes of Nevada, Page 193 (CHAPTER 105)ê

 

office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada entitled “An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto,” approved February 27, 1883; provided that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints, or other process issuing out of the district court; provided, further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Said sheriff shall continue to act as ex officio assessor of said county without additional compensation, and shall have such deputies, to be named by him, as the county commissioners may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners.

      Sec. 6.  At the expiration of the term of the incumbent, in January, 1919, the office of the county treasurer shall be abolished as a separate office, and the county clerk shall thereupon assume and perform all the duties and functions of such office as ex officio treasurer of said Nye County, without additional compensation.

      Sec. 7.  Words in this act in the masculine gender shall be construed to comprehend the feminine gender.

      Sec. 8.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed, and this act shall be effective on and after January 1, 1919.

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

After Jan. 1, 1919, clerk and treasurer one office

 

 

Masculine gender includes feminine

Repeal; in effect Jan. 1, 1919

 

________

 

CHAPTER 106

Chap. 106–An Act to amend an act entitled “An act providing a general corporation law,” approved March 16, 1903.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of said act, being section 1107 of the Revised Laws of Nevada, is hereby amended to read as follows:

      1107.  Section 3.  All the persons who desire to form a corporation for any one or more of the purposes specified in this act shall make, sign and acknowledge before some person competent to take the acknowledgment of deeds, and file and have recorded in a book provided for that purpose, in the office of the secretary of state, articles of incorporation or a certificate of incorporation; and file a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located.

 

 

 

 

 

 

 

 

Amending general corporation law

Articles filed with secretary of state and clerk of county where principal place of business is situated.


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

ê1917 Statutes of Nevada, Page 194 (CHAPTER 106)ê

 

 

 

Duty of secretary of state

 

 

 

 

 

 

Certificate so filed to be prima facie evidence

 

 

 

 

Section repealed

 

 

 

Procedure when principal place of business is changed, or property is acquired in another county

 

 

 

 

 

 

Inhibition as to suits at law

under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. Said articles or certificate of incorporation shall be as provided in section 4 of this act, and it shall be the duty of the secretary of state to require the same to be in the form so prescribed, and that the name of the proposed corporation distinguishes it from any other corporation at that time organized and existing under and by virtue of the laws of the State of Nevada; and if such articles or certificates shall be defective in either respect, the secretary of state shall return the same for correction.

      Sec. 2.  Section 6 of said act, being section 1110 of the Revised Laws of Nevada, is hereby amended to read as follows:

      1110.  Section 6.  A copy of any certificate of incorporation or articles of incorporation filed in pursuance of this act, and certified by the secretary of state under his official seal, or a copy of the copy thereof filed with the county clerk under the county seal, certified by said clerk, shall be received in all courts and places as prima facie evidence of the facts therein stated, and of the existence and due incorporation of said corporation therein named.

      Sec. 3.  Section 19 of said act, being section 1123 of the Revised Laws of Nevada, is hereby repealed.

      Sec. 4.  Section 70 of said act, being section 1171 of the Revised Laws of Nevada, is hereby amended to read as follows:

      1171.  Section 70.  Whenever the principal office of a corporation is changed from one county to another by amendment of its articles of incorporation, or otherwise, and whenever any corporation becomes the owner or lessee of any real property in any county other than that in which it has its principal place of business, or whenever copies of its articles of incorporation and of all amendments thereto are not on file or of record in the office of the county clerk of the county where its principal office is situated, or where it owns, holds, leases, manages or controls any real property, such corporation must file in the office of the county clerk of such county to which its office is changed, or where it owns or holds any real property in this state, a certified copy of its original articles of incorporation and of each amendment thereto, or a certified copy of the copy thereof filed with the county clerk of the county where it has principal place of business; and no corporation shall maintain or defend any suit in such county until this is done; and if any corporation fails to cause said papers to be so filed any person desiring for a lawful purpose to examine the same may procure and file in such county clerk’s office said papers or any of them not then filed, and may recover the expense thereof with the costs of suit in an action against such delinquent corporation.


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ê1917 Statutes of Nevada, Page 195 (CHAPTER 106)ê

 

      1190.  Section 89.  A corporation may be dissolved as follows:

      a. The board of directors shall adopt a resolution that such corporation be dissolved, and shall submit such resolution for the approval or rejection of the stockholders at their next regular annual meeting, or at a special meeting called for that purpose in accordance with the by-laws of the company. Such meeting may, by the consent of a majority in interest of the stockholders present, and without notice, be adjourned from time to time. If at any such meeting, or at any adjournment thereof, two-thirds in interest of all the stockholders and two-thirds in interest of any class of creditors to vote at such meeting shall vote their approval of such resolution and dissolution, the president and secretary shall file with the secretary of state their certificate under oath setting forth such resolution, its adoption by the directors and the date thereof, the date of the stockholders meeting at which such resolution was voted on, that such meeting was called and held in accordance with the by-laws of said company, the total number of shares of such corporation outstanding at the date of such meeting, the total number of shares voted, the number of shares voted in favor of the approval of such resolution and the dissolution of said company, the number of shares voted in favor of the rejection of such resolution, and the vote cast for and against the adoption of such resolution by any class of creditors entitled to vote.

      b. If nine-tenths in interest of all the stockholders and nine-tenths in interest of any class of creditors entitled to vote shall file with the secretary of any corporation their consent in writing to the dissolution of such corporation, the president and secretary shall file with the secretary of state their certificate under oath stating such facts.

      Upon the filing with the secretary of state of either of the certificates above mentioned, and upon payment of the fees therefor required by law, the said corporation shall be and shall stand dissolved, and the secretary of state shall make an endorsement showing such dissolution and the date thereof upon the original articles of incorporation of such corporation, and all amendments thereof, on file in his office.

      Sec. 5.  This act shall not affect the validity of the organization of any corporation heretofore organized under and according to the laws of this state.

 

How corporations may be dissolved

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Same

 

 

 

Final action

 

 

 

 

Not to affect validity of previous corporations

 

________

 

 


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ê1917 Statutes of Nevada, Page 196ê

CHAPTER 107

 

 

 

 

 

 

 

 

Legislative journals to be sold for 50 cents per volume

Members may buy Revised Laws at $3 per set

Chap. 107–An Act defining the duties of the secretary of state in regard to the disposition of certain publications, and other matters in relation thereto.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The secretary of state shall sell to the public, on application, the journals of the senate and assembly for fifty cents per volume.

      Sec. 2.  The secretary of state may sell to the members of this and succeeding legislatures the Revised Laws of Nevada at three dollars per set, but not more than one set shall be sold at this price to any one member.

 

________

 

CHAPTER 108

 

 

 

 

 

 

 

 

 

 

Duties of superintendent of state printing

 

Legislative printing and binding

 

 

 

 

Printing for state officers and boards

Chap. 108–An Act to amend an act entitled “An act to establish a state printing office, and to create the office of superintendent of state printing.”

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  The duties of the superintendent of state printing shall be as follows: He shall have the entire charge and superintendence of the state printing, and all matters pertaining to his office. He shall take charge of and be responsible for all manuscripts or other matter which may be placed in his hands to be printed, and shall cause the same to be promptly executed. He shall receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same, and of the order in which it may be received, and when the work shall have been executed he shall deliver the finished sheets, or volumes, to the sergeant-at-arms of either house, as the case may be, or any department authorized to receive them. He shall receive and promptly execute all orders for printing required to be done by the various state officers, boards, and commissions. He shall employ such compositors, machine operators, pressmen or assistants, as the exigency of the work may from time to time require, and may at any time discharge such employees; provided, that at no time shall he pay said compositors, machine operators, pressmen, or assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or the nature of the employment may require. He shall at no time employ more compositors, machine operators, pressmen, or assistants than the necessities of the state printing may require, and he shall not permit any other than state work to be done in the state printing office.


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

ê1917 Statutes of Nevada, Page 197 (CHAPTER 108)ê

 

any other than state work to be done in the state printing office. On the first business day after the first and fifteenth days of each month the superintendent of state printing shall submit to the state board of examiners a statement of the salary or wages then due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider said pay-roll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of said salaries or wages in the same manner that other salaries are paid. The superintendent of state printing shall biennially, prior to the meeting of the legislature, make a report to the governor, embracing a record of the complete transactions of his office.

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

      Section 14.  There shall be printed of the statutes of each legislature twelve hundred copies. Eight hundred copies shall be bound in buckram or law sheep, and four hundred copies shall remain unbound until such time as they may be needed. The bound volumes shall contain the laws, resolutions and memorials passed at each legislative session, the report of the state treasurer, the constitution of the United States, and the constitution of the State of Nevada. No other report or thing whatever shall be bound therewith.

      Sec. 3.  Section fifteen of the above-entitled act is hereby amended to read as follows:

      Section 15.  The journals and appendix of the two houses of the legislature shall be printed, and there shall be five hundred copies of the journals and one hundred copies of the appendix, bound in the same style as those of the twenty-seventh session; and each member of the legislature of which such journals are the record shall be entitled to one copy of the same, that is to say, each senator shall have a copy of the senate and assembly journals, and each assemblyman shall shall have a copy of the assembly and senate journals; and the journal of each house shall be bound separately.

      Sec. 4.  Section twenty-one of the above-entitled act is hereby repealed.

 

Semi-monthly pay-day for employees of state printing office

Examiners to act

 

 

Biennial report of superintendent

 

 

 

 

Statutes, 1,200 copies

 

 

 

 

 

 

 

Journals, 500 copies

 

Appendix, 100 copies

One copy of each journal to each member

 

 

Section repealed

 

________

 

 


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

ê1917 Statutes of Nevada, Page 198ê

CHAPTER 109

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of state inspector of apiaries created

 

 

Duties of inspector and deputies

 

 

 

 

 

 

 

 

 

Infected beehives, honey, etc., destroyed, when

Chap. 109–An Act to create the office of state inspector of apiaries, to provide for the appointment of state inspector of apiaries, and to define his duties and compensation; to prevent the dissemination of diseases among apiaries, and to provide for a system of inspection of apiaries by the state inspector of apiaries, and the treatment and extermination of diseases therein; making appropriations for the expense of the office of state inspector of apiaries; and providing penalties for the violation thereof, and repealing all other acts or parts of acts in relation thereto.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The office of state inspector of apiaries in the State of Nevada is hereby created, and the governor may appoint in said State of Nevada a state inspector of apiaries, who is hereby empowered to appoint for a definitely limited period one or more deputies as may be needed to carry out the purposes of this act.

      Sec. 2.  It shall be the duty of such state inspector of apiaries, either by himself or deputies, to inspect all apiaries, and all buildings used in connection with such apiaries within the State of Nevada, at least once each year; and at such other times as he may deem necessary, upon report to him or whenever he has reason to believe that any apiary or apiaries may be infected with any disease injurious to honey bees in their egg, larval, pupal, or adult stages. If the inspector finds any such disease to exist in any apiary, appliance, structures, or buildings, he shall give to the owner or owners, caretaker or caretakers of such diseased property full instructions for such treatment as in the inspector’s judgment seems best. The inspector, once each year, shall report the location and ownership of every apiary, with the number of bee colonies to the assessor of the county wherein situated.

      Sec. 3.  The owner or owners, caretaker or caretakers of such diseased properties shall, within ten days after notice by the inspector of the presence of such disease, proceed to treat the same as advised and directed by the said inspector. The inspector shall, if it is deemed necessary, make a second examination of all diseased apiaries, property, and premises after ten days, or as soon thereafter as he shall deem advisable. If, in this second examination, a diseased condition shall be found which is in any manner dangerous to the welfare of honey bees in any of their stages, the inspector shall see that the proper treatment is immediately given, and the full expense of such treatment shall be paid by the owner of the property treated, and all the expenses of such treatment shall act as a lien on the property until paid. If the inspector finds conditions such that further remedial treatment is inadvisable, he may burn a part or all of such diseased property to prevent further spread of disease, without recompense to the owner, lessees, or agent thereof.


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

ê1917 Statutes of Nevada, Page 199 (CHAPTER 109)ê

 

inspector finds conditions such that further remedial treatment is inadvisable, he may burn a part or all of such diseased property to prevent further spread of disease, without recompense to the owner, lessees, or agent thereof. In the annual inspection of apiaries, hereinbefore provided for in this section, the inspector shall inspect each and every hive in said apiary or apiaries.

      Sec. 4.  If the owner, owners, lessee, lessees, agent, or caretaker of an apiary, including appliances, structures, buildings, and honey, wherein diseases exist, shall knowingly sell, barter, or give away, or move, without the consent of the inspector, any diseased bees, be they queens or workers, colonies, honey, combs, appliances, or structures, or knowingly expose other bees to the danger of such disease, said owner, owners, lessee, lessees, agent, or caretaker shall, on conviction, be liable to a fine of not less than fifty dollars nor more than one hundred dollars, or not less than one nor more than two months’ imprisonment in the county jail.

      Sec. 5.  For the enforcement of the provisions of this act, the state inspector of apiaries or his deputy shall have access to all apiaries, appliances, structures, and premises where bees or their products are kept, and any person or persons who shall resist, impede, or hinder in any way the inspector or the deputy inspector in the discharge of his duties under the provisions of this act shall, on conviction, be liable to a fine of not less than fifty dollars nor more than one hundred dollars.

      Sec. 6.  After inspecting infected hives or fixtures, or handling diseased bees, the inspector or his deputy, and their assistant or assistants, shall, before leaving said premises or proceeding to any other apiary, thoroughly disinfect any portion of his own person and clothing, and any tools or appliances used by him which have come in contact with infected material, and shall see that any other assistant or assistants with him have likewise disinfected their person and clothing and all tools and appliances used by them.

      Sec. 7.  It shall be the duty of any person in the State of Nevada engaged in the rearing of queen bees for sale, when honey is used in the making of candy for use in mailcages, to boil such honey for at least thirty minutes. Any person engaged in the rearing of queen bees shall have his queen-rearing apiary or apiaries inspected at least twice during each summer season, and on the discovery of any disease which is infectious or contagious in its nature and injurious to bees in their egg, larval, pupal, or adult stages, said person shall at once cease to ship queen bees from such diseased apiary until the inspector of apiaries shall declare the said apiary free from all disease, by the issuance of a certificate of inspection. On the complaint of the inspector of apiaries or any beekeeper in the state that said beekeeper engaged in the rearing of queen bees is violating the provisions of this section, he shall, on conviction, be liable to a fine of not less than one hundred dollars nor more than two hundred dollars.

 

 

 

 

 

Misdemeanor to dispose of infected bees, honey, etc.

 

 

 

 

 

Inspector to have access to all apiary premises

 

 

 

 

Precautions must be taken

 

 

 

 

 

Inspection of queen-rearing apiaries


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

ê1917 Statutes of Nevada, Page 200 (CHAPTER 109)ê

 

 

 

 

Importers must show certificate

 

 

 

 

 

 

 

 

Movable frame hives only

Beekeepers must report to inspector

 

 

Penalty for neglect

 

 

General penalty

 

 

 

District attorney to act

 

 

 

 

Appropriation, $1,500 per year

 

Inspector’s salary, $800

engaged in the rearing of queen bees is violating the provisions of this section, he shall, on conviction, be liable to a fine of not less than one hundred dollars nor more than two hundred dollars.

      Sec. 8.  Any party, parties, person, or persons bringing bees or combs, or previously used apiary supplies into the State of Nevada, must possess a valid certificate of inspection showing that such property has been inspected by an authorized inspector of the state or territory from which the shipment was made and that the same is free from communicable bee diseases. It shall be the duty of any person or persons so shipping or bringing bees into this state, or any combs, or apiary appliances, previously used, to notify the state inspector or his deputy within forty-eight hours before their arrival at the point where the same are to be unloaded, and the place of such unloading, for the purpose of allowing and permitting the inspection thereof by the said inspector or his deputy.

      Sec. 9.  It shall be unlawful for any person or persons to have in his or their possession any bees kept in other than movable frame hives.

      Sec. 10.  Any person or persons within this state owning, or having in their possession as owner, lessee, or otherwise, one or more colonies of bees, shall report the number of colonies so in his possession on or before the first day of April of each year to the state inspector of apiaries, together with a description of the place or locality where the same are kept and located. Any person violating the provisions of this section by failure or neglect to make such report shall, on conviction, be liable to a fine of not less than five dollars nor more than twenty-five dollars.

      Sec. 11.  Any person or persons violating any of the provisions of this act, for the violation of which no specific punishment is hereinbefore expressly provided, shall, upon conviction, be liable to a fine of not less than five dollars nor more than fifty dollars.

      Sec. 12.  It shall be the duty of each district attorney to whom the state inspector of apiaries, or his deputy, shall present satisfactory evidence of violation of any provision or provisions of this act from sections 7 to 11, inclusive, to institute and prosecute without delay the appropriate proceedings in the proper courts for the enforcement of the provisions of said sections.

      Sec. 13.  There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, a sum not exceeding $1,500 each year, for the suppression of bee diseases in the State of Nevada, and for the carrying out of the provisions of this act. The state inspector of apiaries shall receive a salary of $800 per annum, payable in twelve equal monthly payments, together with his actual and necessary traveling expenses. Deputies appointed by the state inspector of apiaries shall receive compensation not to exceed $4 per day, together with their necessary and actual traveling expenses.


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

ê1917 Statutes of Nevada, Page 201 (CHAPTER 109)ê

 

inspector of apiaries shall receive compensation not to exceed $4 per day, together with their necessary and actual traveling expenses.

      Sec. 14.  The state inspector of apiaries shall keep an accurate account of moneys received and expended and shall file a detailed and annual report of the work done and expenditures made, with the governor of the State of Nevada. In addition said annual report shall cover the essential phases of beekeeping conditions in the State of Nevada.

      Sec. 15.  An act to prevent the dissemination of disease among apiaries; to provide for the appointment of an inspector, and to define his duties and compensation, and repealing all other acts and parts of acts in relation thereto, approved March 27, 1913; and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 16.  This act shall take effect and be in force from and after its passage and approval.

Deputies, $4 per day

 

Inspector to report yearly to governor

 

 

 

Repeal of previous acts

 

 

 

 

In effect

 

________

 

CHAPTER 110

Chap. 110–An Act fixing and regulating the salary and fees of the justice of the peace of Salt Marsh township, Washoe County, Nevada, and providing for the payment of the same.

 

[Approved March 15, 1917]

 

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 Salt Marsh township, Washoe County, Nevada, shall be allowed a salary and fees as follows: Twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each.

      Sec. 2.  In addition to the salary specified in the preceding section, the said officer shall be entitled to collect and retain the fees, in civil cases only, as are now provided by law.

      Sec. 3.  The board of county commissioners of Washoe County, Nevada, shall allow the salary named in section 1 of this act, as other salaries are allowed, and the county auditor shall draw his warrants for the same, and the county treasurer shall pay the same.

 

 

 

 

 

 

 

 

 

Salary of justice of the peace of Salt Marsh township

 

Civil fees retained

 

 

Commissioners to allow salary

 

________

 

CHAPTER 111

Chap. 111–An Act for the relief of H. W. Johns-Manville Company.

 

[Approved March 15, 1917]

 

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 sixteen hundred ($1,600) dollars to be paid the H. W. Johns-Manville Company on completion of its contract for correction of the acoustical defects in the senate and assembly chambers of the state capitol building to the satisfaction of the state board of capitol commissioners.

 

 

 

 

 

 

 

Relief of Johns-Manville Co.

Appropriation, $1,600


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

ê1917 Statutes of Nevada, Page 202 (CHAPTER 111)ê

 

 

 

 

Controller to draw warrant

completion of its contract for correction of the acoustical defects in the senate and assembly chambers of the state capitol building to the satisfaction of the state board of capitol commissioners.

      Sec. 2.  Upon being so completed the state controller is directed to draw his warrant for said sum in favor of the said H. W. Johns-Manville Company, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 112

 

 

 

 

 

 

 

 

 

 

 

$25 each to porters of senate and assembly for additional duties

Chap. 112–An Act appropriating the sum of fifty dollars out of the legislative fund of the twenty-eighth session of the Nevada legislature, to be paid to James Reid, porter of the senate, and August Glanzman, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-eighth session.

 

[Approved March 15, 1917]

 

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-eighth session of the Nevada legislature, of which twenty-five dollars is to be paid to James Reid, porter of the senate, and twenty-five dollars to be paid to August Glanzman, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-eighth 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.

 

________

 

CHAPTER 113

 

 

 

 

 

 

 

 

 

Churchill County sheriff and assessor segregated

Sheriff’s salary, $2,000

Chap. 113–An Act segregating certain county offices in the county of Churchill, and fixing the salaries of and imposing certain duties on certain officers in said county.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The offices of sheriff and assessor of Churchill County are hereby segregated and made and constituted separate offices.

      Sec. 2.  The sheriff shall receive the sum of two thousand ($2,000) dollars per annum and his actual traveling expenses in all civil and criminal cases, which shall be in full compensation for all services rendered by him. The fees, commissions and percentages authorized by law and earned by his office shall be paid to the county treasurer monthly on or before the fifth day of each and every month, and he shall, at the same time, file with the county treasurer an itemized statement under oath of all such fees,


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

ê1917 Statutes of Nevada, Page 203 (CHAPTER 113)ê

 

time, file with the county treasurer an itemized statement under oath of all such fees, commissions and percentages earned 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 20 per cent as his commission on all money collected by him for sheep licenses.

      Sec. 3.  The assessor shall receive the sum of two thousand ($2,000) dollars per annum, which shall be in full compensation for all services rendered by him.

      Sec. 4.  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. 5.  The salaries herein provided shall be payable in twelve equal installments and the county auditor shall on the first day of each and every month draw his warrant in favor of the officers named herein for the salary due said officer for the month next preceding, and the county treasurer shall pay the same as the salaries of other county officers are paid.

      Sec. 6.  This act shall take effect January 1, 1919.

 

 

 

Retains 20% of sheep licenses

Assessor’s salary $2,000

Deputies authorized

 

 

Salaries payable monthly

 

 

 

In effect Jan. 1, 1919

 

________

 

CHAPTER 114

Chap. 114–An Act to amend “An act to segregate certain county offices in White Pine County, State of Nevada, and fixing the salaries, to take effect on the first Monday in January, 1909,” approved March 29, 1907.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections two, three, four and six of “An act to segregate certain county offices in White Pine County, State of Nevada, and fixing the salaries, to take effect the first Monday in January, 1909,” approved March 29, 1907, the same being chapter CCIII of the laws of 1907, are hereby amended so as to read as follows:

      Section 2.  The sheriff shall receive an annual salary of twenty-five hundred dollars, his actual traveling expenses in summoning jurors and subpenaing witnesses, and commission on all moneys collected on sheep license. He shall have authority to appoint a deputy or deputies, also a jailer who shall act as janitor and night watchman of the courthouse. The sheriff shall collect all fees authorized by law and pay into the county treasury each month all moneys collected by him.

      Section 3.  The county recorder and ex officio county auditor shall receive an annual salary of twenty-five hundred dollars. All fees authorized by law shall be collected by him and paid to the county treasurer on the first Monday of each and every month. He is authorized to appoint deputies, the salaries of such deputies to be fixed by the board of county commissioners.

 

 

 

 

 

 

 

 

 

Amending certain sections

 

 

Salary of sheriff of White Pine County, $2,500

 

 

 

Recorder’s salary, $2,500

 

Deputies authorized


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

ê1917 Statutes of Nevada, Page 204 (CHAPTER 114)ê

 

 

 

 

Clerk’s salary, $2,500

 

 

 

Assessor’s salary, $2,500

In effect April 1, 1917

salaries of such deputies to be fixed by the board of county commissioners. The appointment of such deputies shall only be made with the approval of the board of county commissioners, for such time as said board may deem necessary.

      Section 4.  The county clerk and ex officio clerk of the board of county commissioners shall receive an annual salary of twenty-five hundred dollars in twelve equal monthly payments. All fees as authorized by law shall be collected by him and paid to the county treasurer on the first Monday of each and every month.

      Section 6.  The county assessor shall receive an annual salary of twenty-five hundred dollars in twelve equal monthly payments.

      Sec. 2.  This act shall take effect from and after the first day of the calendar month next succeeding its approval.

 

________

 

CHAPTER 115

 

 

 

 

 

 

 

 

 

White Pine County sheriff ex officio constable of Ely township after Jan. 6, 1919

 

Repeal

Chap. 115–An Act to make the sheriff of White Pine County ex officio constable of Ely township number one, and defining his compensation as such ex officio constable, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sheriff of White Pine County shall be ex officio constable of Ely township number one.

      Sec. 2.  He shall serve as such ex officio constable without compensation for his services as ex officio constable.

      Sec. 3.  This act shall take effect and be in force from and after the first Monday in January, 1919.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 116

 

 

 

 

 

 

 

 

 

Salary of constable of Ely township

All fees to county treasury

 

 

Repeal

Chap. 116–An Act fixing and regulating the compensation of the constable of Ely township No. 1, White Pine County, Nevada, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 15, 1917]

 

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 March, 1917, the constable of Ely township No. 1, White Pine County, Nevada, shall receive as compensation in full for all services performed by him as constable for Ely township No. 1, one hundred ($100) dollars per month. Any and all fees received or derived from any source whatsoever by him as constable shall be paid into the county treasury of White Pine County, Nevada, on the first Monday of each and every month.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 205ê

CHAPTER 117

Chap. 117–An Act fixing and regulating the compensation of the district attorney and ex officio public administrator in and for White Pine County, Nevada, and providing for the payment of his necessary traveling expenses and providing for help in his office, and repealing all acts and parts of acts in conflict with this act.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The district attorney and ex officio public administrator in and for White Pine County, Nevada, shall receive an annual salary of twenty-five hundred ($2,500) dollars, which shall be compensation in full for all his services as district attorney, which salary shall be paid in twelve equal monthly installments; provided, however, that he shall also be entitled to all fees prescribed by law with reference to the office of public administrator. He shall also be allowed his actual traveling expenses, consisting of the cost of transportation and living expenses while absent from the county-seat, when such expenses are incurred in the performance of his duties as district attorney. He shall submit to the county commissioners an itemized statement of all traveling expenses, which must be approved by the county commissioners before payment. He shall have the assistance of a deputy or stenographer, to be named by him with the approval of the county commissioners, when, in the judgment of the board of county commissioners, such assistance is necessary, and at such compensation and for such time as said board may prescribe.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect and be in force from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

Fixing salary of district attorney and ex officio public administrator of White Pine County

 

 

 

 

 

 

 

Deputy, when

 

 

Repeal

 

Immediate effect

 

________

 

CHAPTER 118

Chap. 118–An Act for the relief of Anna M. Warren.

 

[Approved March 15, 1917]

 

      Whereas, In the month of August, 1915, Mrs. Anna M. Warren was employed by Charles Bootes of the state racing commission to act as stenographic reporter of a meeting of said commission and she attended said meeting and transcribed her notes of the proceedings had and rendered her bill for twenty-four and 80/100 ($24.80) dollars, and the same was neglected and has never been paid; and

      Whereas, Said claim was duly presented to the state board of examiners and has been approved as a claim against the State of Nevada;

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of twenty-four and 80/100 ($24.80) dollars is hereby appropriated,

 

 

 

 

Relief of Anna M. Warren


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

ê1917 Statutes of Nevada, Page 206 (CHAPTER 118)ê

 

Appropriation, $24.80

lars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, in payment of the claim of Anna M. Warren of a like amount, and the controller is hereby directed to draw his warrant in favor of Anna M. Warren for said amount, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 119

 

 

 

 

 

Relief of railroad and public service commissions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $513.89

 

 

 

 

 

Appropriation, $76

Chap. 119–An Act for the relief of the railroad and public service commissions of the State of Nevada.

 

[Approved March 15, 1917]

 

      Whereas, In December, 1916, the intermountain rate cases were reopened by the interstate commerce commission calling for hearings thereon in Salt Lake City and San Francisco; and

      Whereas, It was the duty and became necessary for the members of the railroad commission of Nevada to attend said meetings; and

      Whereas, The railroad commission fund was at said time exhausted, and before incurring the expense of attending said hearings said railroad commission applied to and obtained from the state board of examiners of the State of Nevada permission to incur the necessary expenditure involved in attending said hearings, the expenses whereof were five hundred and thirteen dollars and eighty-nine cents; and

      Whereas, That expense was incurred by said railroad commission in pursuance of its duty and in the furthering of the interest of the people of the State of Nevada; and

      Whereas, During the month of December, 1916, the public service commission of the State of Nevada was compelled to contract indebtedness for supplies, telegraph service, and witness fees in the sum of seventy-six dollars, and before contracting such indebtedness it applied to and received permission from the state board of examiners so to do; and

      Whereas, The expenditures thereunder were 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 $513.89 is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to be placed in the said railroad commission fund for payment of the claims so incurred as aforesaid. The state controller is hereby directed to draw his warrant in favor if said railroad commission fund, and after endorsement thereof to place the same to the credit of the said railroad commission fund.

      Sec. 2.  The sum of $76 is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to be placed in said public service commission fund for payment of the claims so incurred as aforesaid. The state controller is hereby directed to draw his warrant in favor of said public service commission fund for $76, and after endorsement thereof to place the same to the credit of said public service commission fund.


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

ê1917 Statutes of Nevada, Page 207 (CHAPTER 119)ê

 

is hereby directed to draw his warrant in favor of said public service commission fund for $76, and after endorsement thereof to place the same to the credit of said public service commission fund.

 

 

________

 

CHAPTER 120

Chap. 120–An Act to authorize the board of county commissioners of Mineral County, State of Nevada, to issue bonds for the purpose of repairing and furnishing a schoolhouse in Hawthorne school district No. 7, and matters properly relating thereto.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Mineral County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of June, 1917, for an amount not exceeding the sum of two thousand five hundred ($2,500) dollars, exclusive of interest, for the purpose of providing funds for making needed repairs to the schoolhouse in the town of Hawthorne of said county, and for equipping and furnishing said building.

      Sec. 2.  The board of county commissioners of said Mineral 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 the 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 Mineral County is hereby authorized to negotiate the sale of said bonds, 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 made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be numbered consecutively from one to ten, and shall be redeemable at the rate of two each year, and the interest on the same shall not exceed five per cent per annum, payable semiannually on the first day of July and January of each year, at the office of the county treasurer of the said Mineral County. Said bonds shall be each for the sum of two hundred fifty ($250) dollars.

 

 

 

 

 

 

 

 

 

 

Bonds for Hawthorne school district No. 7

 

 

 

 

 

County commissioners to issue said bonds

 

 

 

 

 

Clerk to keep record

 

 

Negotiation of bonds

 

 

 

 

 

Interest limited to 5% per annum

 

 

Bonds, $250 each


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

ê1917 Statutes of Nevada, Page 208 (CHAPTER 120)ê

 

Hawthorne school district fund created

 

 

 

School trustees to repair and equip Hawthorne school

 

 

 

 

 

Bids to be advertised for

 

 

 

 

 

 

Proviso

 

 

Trustees to act with dispatch

 

 

County treasurer liable for bond moneys

 

 

Special tax authorized

      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 “Hawthorne School District No. 7 Fund,” and to pay out said moneys only in the manner now provided by law and for the purpose for which the same were received.

      Sec. 7.  The board of trustees of Hawthorne school district No. 7 is 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 repair, equipment, and furnishing of a school building in the Hawthorne school district No. 7, and any balance remaining in said fund, after the completion, equipment, and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said school, in accordance with and pursuant to the provisions of law pertaining to the establishment of schools in the various counties of this state.

      Sec. 8.  Said board of trustees of Hawthorne school district No. 7 shall determine as to the character of said repairs, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the making thereof by contract to the lowest and most 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 board of trustees of Hawthorne school district No. 7 in carrying out the provisions of this act. All demands and bills contracted by said board of trustees of Hawthorne school district No. 7 shall be paid in the manner now provided by law; provided, that no such bills shall be allowed until the plans for said repairs to said school building shall have been approved by the state superintendent of public instruction.

      Sec. 9.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the board of trustees of said Hawthorne school district No. 7 shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 10.  The county treasurer of said Mineral County shall be liable on his official bond for the safe keeping of the moneys which shall come to his hands under the provisions of this act, and for 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 Mineral County is authorized and required to levy, at the time the said board of county commissioners make the annual levy for taxes for all purposes, and collect annually a special tax upon the assessment valuation of all property,


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

ê1917 Statutes of Nevada, Page 209 (CHAPTER 120)ê

 

assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Hawthorne school district No. 7, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, two of said bonds annually, beginning on the first day of January, 1918, 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 “Hawthorne School District No. 7 Bond Sinking Fund”; provided, however, that if the amount of the tax levied upon the property within said Hawthorne school district No. 7 shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section, the board of county commissioners of said Mineral County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Mineral County, and continue such levy from year to year to meet any deficit which may occur in said Hawthorne school district No. 7 bond sinking fund, and the faith and credit of Mineral County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions, and tenor thereof.

      Sec. 12.  It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of January, 1918, and thereafter on the first day of July and January 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 sinking 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 Hawthorne school district No. 7.

      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.

 

 

 

To retire two bonds annually

 

 

 

 

Deficit, how met

 

 

 

 

 

 

 

Faith of county pledged

 

 

Interest paid semiannually

 

 

Tax ceases, when

 

 

 

 

Treasurer to cancel paid bonds


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

ê1917 Statutes of Nevada, Page 210 (CHAPTER 120)ê

 

Interest ceases, when

 

 

Faith of state pledged

      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.

 

________

 

CHAPTER 121

 

 

 

 

 

 

 

To meet national military emergency

 

 

 

 

 

Appropriation, $25,000

 

 

 

 

Paid as other state claims

Chap. 121–An Act to appropriate funds for use in case of a national military emergency.

 

[Approved March 15, 1917]

 

      Whereas, In the present posture of world affairs the national government is preparing to meet any national military emergency that may arise; and

      Whereas, In the event of any military emergency, it is probable that the State of Nevada will be called upon for immediate cooperation with the national government, and there is no adequate fund provided to meet such an emergency; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of twenty-five thousand dollars ($25,000) is hereby appropriated from the general fund in the treasury of the State of Nevada, not otherwise appropriated, to be expended, subject to the direction of the governor, for the sole purpose of meeting any military demands which may be made upon the State of Nevada by the President or the government of the United States.

      Sec. 2.  All claims incurred in carrying out the provisions of this act shall be paid in the same manner as other state claims are paid.

 

________

 

CHAPTER 122

 

 

 

 

Relief of T. J. O’Brien

Chap. 122–An Act for the relief of T. J. O’Brien.

 

[Approved March 15, 1917]

 

      Whereas, T. J. O’Brien, during the months of November and December, 1916, and January, 1917, devoted forty-two days to the preparation of certain data to be used in connection with the tax suits brought in Humboldt County, Nevada, against said Humboldt County and the Nevada tax commission, at an agreed compensation of five dollars per day; and

      Whereas, A claim for two hundred and ten dollars, the amount due on account of said services so rendered, has been presented by said T. J. O’Brien; and

      Whereas, Said claim has been examined, allowed and approved by the state board of examiners; and


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

ê1917 Statutes of Nevada, Page 211 (CHAPTER 122)ê

 

      Whereas, Said Nevada tax commission has no funds out of which to pay said claim; and

      Whereas, Said claim is a just and legal claim against the State of Nevada, and should be paid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of two hundred and ten dollars ($210) is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment to said T. J. O’Brien for the said services so rendered, and in full compensation for all of said services.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of said T. J. O’Brien for the sum of two hundred and ten ($210) dollars, and the state treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

 

Appropriation, $210

 

________

 

CHAPTER 123

Chap. 123–An Act to amend section 6 of an act entitled “An act to create the office of road supervisor of Humboldt County, to fill the same by appointment, to prescribe the duties and compensation of said office, and other matters in relation thereto,” approved March 14, 1907.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the act above-mentioned, being chapter LXIV of the Statutes of the State of Nevada for the year 1907, is hereby amended so as to read as follows:

      Section 6.  The county commissioners of Humboldt County, by a resolution of the board duly enacted, shall annually fix the compensation to be paid by said county during any current year for road laborers and teams while actually employed upon the public roads of Humboldt County. The persons so compensated shall, without additional charge, furnish such tools, implements, and vehicles as may be necessary in his work.

 

 

 

 

 

 

 

 

 

 

Road labor rate fixed annually by Humboldt Commissioners

 

________

 

CHAPTER 124

Chap. 124–An Act creating commissioner districts in the county of Lincoln, State of Nevada, and providing for the election therefrom of members of the board of county commissioners of said county of Lincoln.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county of Lincoln is hereby divided into three commissioner districts, as follows:

      1.  All that portion of Lincoln County embraced within townships one,

 


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

ê1917 Statutes of Nevada, Page 212 (CHAPTER 124)ê

 

Establishing county commissioner districts in Lincoln County

 

 

 

 

 

 

 

 

 

 

 

 

One commissioner for each district-long-term when

 

 

 

 

In effect

Repeal

townships one, two, three, four, five, six, seven, eight and nine north, Mt. Diablo base and meridian, and extending northward from the intersection of the Mt. Diablo base line with said county to the northern boundary of the county, shall be known as commissioner district No. 1, and shall be represented by one member of the board of county commissioners.

      2.  All that portion of Lincoln County embraced within townships one, two, three and four south, Mt. Diablo base and meridian, and bounded on the north by the Mt. Diablo base line and on the south by the first standard parallel south, shall be known as commissioner district No. 2, and shall be represented by one member of the board of county commissioners.

      3.  All that portion of Lincoln County situate in townships five, six, seven, eight, nine, ten, eleven and twelve south, Mt. Diablo base and meridian, and bounded on the north by the first standard parallel south, and on the south by the Lincoln County line, shall be known as commissioner district No. 3, and shall be represented by one member of the board of county commissioners.

      Sec. 2.  At every election hereafter, at which county commissioners are to be elected, one member of the board of county commissioners shall be elected from each one of said districts in which a vacancy may exist, or may impend because of the expiration of the term of office of the incumbent member from the district; provided, commencing with the district No. 2 at the general elections of 1918 each of said districts shall in turn be entitled to elect the long-term commissioner in the order in which they are numbered.

      Sec. 3.  This act shall become operative from and after its passage and approval.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 125

 

 

 

 

Clark County experiment farm deficit

Chap. 125–An Act for the relief of certain persons.

 

[Approved March 15, 1917]

 

      Whereas, The following-named persons rendered their claims in the respective amounts hereinafter set forth for salaries, labor, etc., at the Clark County experiment farm for the month of January, 1917, after the appropriation therefor had reverted, to wit:

      E. H. Syphus, salary, $10; Henry Rice, salary, $10; John H. Tobler, salary, $100; Walter Stevens, labor, $60; Le Roy Tobler, labor, $15.50; Wm. Calkins, labor, $38.25; Clinton Everett, labor, $41.62; A. L. Egbert, labor, $12.50; Fancher Creek Nurseries, trees, $98.75; Las Vegas Age, printing, $9; Albert Frehmer, work on flood channel, $100; Albert Frehmer, alfalfa seed, $9; Harry Gentry, gasoline, $22.40; Eugene Parker, labor on flood channel, $26.25; Samuel H. Wells, cedar posts, $22.54; $576.


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

ê1917 Statutes of Nevada, Page 213 (CHAPTER 125)ê

 

      Whereas, All of said claims have been duly examined, allowed and approved by the board of examiners of the State of Nevada 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 five hundred and seventy-six ($576) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to pay the above-mentioned claims.

      The state controller is hereby directed to draw his warrants in favor of the persons mentioned herein for their respective amounts above set forth and the state treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

Appropriation, $576

 

________

 

CHAPTER 126

Chap. 126–An Act fixing and regulating the compensation of the district attorney in and for Clark County, Nevada, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the taking effect of this act the district attorney in and for Clark County, Nevada, shall receive a salary of one hundred and fifty dollars per month, which shall be full compensation for all services rendered. He shall have such deputies as in the judgment of the board of county commissioners shall be deemed necessary, and at such compensation and for such time as they may provide. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county-seat in the performance of his official duties.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

 

 

 

 

Fixing salary of district attorney of Clark County

 

 

 

 

 

Repeal

 

________

 

CHAPTER 127

Chap. 127–An Act authorizing the issuance and sale of bonds of the town of Lovelock for the construction, maintenance and completion of a water system for said town and other matters relating thereto.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Humboldt County, acting as a town board for the town of Lovelock, Humboldt County, Nevada, is hereby authorized to issue negotiable coupon bonds of said town of Lovelock for an amount not to exceed thirty-five thousand ($35,000) dollars.

 

 

 

 

 

 

 

 

 

Bonds authorized for water system in Lovelock


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

ê1917 Statutes of Nevada, Page 214 (CHAPTER 127)ê

 

 

 

Humboldt County commissioners, as town board of Lovelock, to issue bonds

 

 

 

 

 

Clerk and treasurer to keep record of bonds

 

 

 

Said town board to negotiate said bonds

 

 

 

 

 

 

 

 

 

Bonds, $500 each

Interest limited

 

 

Life of bonds

 

 

 

 

Fund created

issue negotiable coupon bonds of said town of Lovelock for an amount not to exceed thirty-five thousand ($35,000) dollars.

      Sec. 2.  The board of county commissioners of Humboldt County, acting as a town board of said town of Lovelock, shall cause said bonds to be prepared and issued. Such bonds shall be signed by the chairman of the board and by the county clerk of Humboldt County as clerk of said board, and be countersigned by the county treasurer of Humboldt County. Coupons of interest shall be attached to each bond so that the same may be removed without injury to the bonds. Said coupons shall be consecutively numbered, signed by the chairman of the board and by the clerk and county treasurer of said county, or their facsimile signatures lithographed thereon.

      Sec. 3.  The clerk of said board of county commissioners, acting as said town board, 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 Humboldt County shall in like manner and form keep a record of such bonds.

      Sec. 4.  The board of county commissioners of said Humboldt County, acting as a town board for said town of Lovelock, 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 purpose of constructing, completing, and maintaining the water system of the town of Lovelock, including the laying of mains, laterals and branches of said water system and of paying the present indebtedness of said system; 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 publications weekly in a newspaper of general circulation in the county of Humboldt. 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 the town of Lovelock water system bonds and shall be in denomination of five hundred ($500) dollars each. They shall be consecutively numbered, commencing with number one, and shall bear interest at the rate of not to exceed six per cent per annum. Said interest shall be payable semiannually on the first day of July and January of each year. Said bonds shall run for a period of not to exceed twenty years, and two of said bonds shall be redeemed annually, commencing on the first day of July, 1918, 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 Humboldt County, who shall receive and safely keep the same in a fund to be known as the Lovelock water system bond fund, and moneys shall be paid out of said fund to pay off the outstanding indebtedness of said town of Lovelock in the erection, completion, and maintenance of said Lovelock water system of the town of Lovelock, and for other purposes provided for in this act.


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

ê1917 Statutes of Nevada, Page 215 (CHAPTER 127)ê

 

fund to be known as the Lovelock water system bond fund, and moneys shall be paid out of said fund to pay off the outstanding indebtedness of said town of Lovelock in the erection, completion, and maintenance of said Lovelock water system of the town of Lovelock, and for other purposes provided for in this act. Only so much of said fund may be used for maintenance as shall be necessary until such water system of the town of Lovelock shall be in a position to maintain such water system out of its current revenues.

      Sec. 7.  The county treasurer of said Humboldt 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 of 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 Humboldt County is hereby authorized and directed to levy and collect annually, until all said bonds and interest thereon shall have been fully paid, a special tax on all property, real and personal, including the net proceeds of mines, subject to taxation within the boundaries of said town of Lovelock, sufficient to pay the interest on said bonds and to pay and redeem two of said bonds annually as heretofore provided herein, and to continue until all of 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 Lovelock water system 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 payment, and sign his name thereto, and deliver the same to the auditor of Humboldt 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 for 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 the town of Lovelock to be used for payment of 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 Humboldt 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 Humboldt County at Winnemucca, Nevada.

 

 

 

 

 

 

 

County treasurer liable

 

 

 

Fund for payment and redemption of bonds

 

 

Special tax

 

 

 

 

 

 

Treasurer to cancel redeemed bonds

 

 

 

 

 

Tax ceases, when

 

 

 

 

Interest ceases, when


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

ê1917 Statutes of Nevada, Page 216 (CHAPTER 127)ê

 

Payable at treasurer’s office

Faith of state pledged

under this act shall be payable at the office of the county treasurer of Humboldt County at Winnemucca, 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.

 

________

 

CHAPTER 128

 

 

 

 

 

 

 

 

 

Coroner of Washoe County to have stenographer for inquests

Chap. 128–An Act authorizing the coroner of Reno township, Washoe County, Nevada, to employ a stenographer to report and transcribe testimony at inquests.

 

[Approved March 15, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The justice of the peace and ex officio coroner of Reno township, Washoe County, Nevada, is hereby authorized, when requested by the district attorney of said county, to employ a competent stenographer to report and transcribe all testimony given and proceedings had at coroner’s inquests held within his jurisdiction, the said services of such stenographer to be paid for at the rate of twenty cents per folio, and the same to be paid out of the general fund of Washoe County, in the same manner as other claims are allowed and paid by law.

 

________

 

CHAPTER 129

 

 

 

 

 

 

 

 

 

Town board of Goldfield to fix salaries of chief of police and peace officers

 

 

 

 

Repealed

Chap. 129–An Act regulating the salary of the chief of police and other peace officers of the town of Goldfield, Esmeralda County, Nevada, and other matters relating thereto.

 

[Approved March 15, 1917]

 

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, State of Nevada, acting as a town board for the town of Goldfield, shall have the authority to fix the salary of the chief of police and such other peace officers as may be appointed for said town of Goldfield. The chief of police of the town of Goldfield or such other peace officers as may be appointed by the board of county commissioners, acting as a town board for said town of Goldfield, shall receive a salary to be fixed by the board of county commissioners, acting as such town board for the town of Goldfield, not to exceed the sum of one hundred and fifty dollars per month.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 217ê

CHAPTER 130

Chap. 130–An Act making appropriations for the support of the civil government of the State of Nevada for the years 1917-1918.

 

[Approved March 19, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1917-1918:

 

      Sec. 2.  Governor’s Office.                         From               From State         From General

                                                                            General Fund         School fund          School Fund

For salary of governor ..................                                    $14,000.00

For salary of governor’s private secretary....................................                                        4,800.00

For salary of clerk in governor’s office..........................................                                        2,400.00

For extra clerical help during legislature..................................                                           300.00

For repairs, furnishings and improvements for governor’s mansion.....................................                                        1,500.00

For actual traveling expenses of governor....................................                                        1,200.00

For payment of annual dues to governors’ conference............                                           300.00

For maintenance of mansion.........                                        2,000.00

 

      Sec. 3.  Lieutenant-Governor and Adjutant-General’s Office.

For salary of lieutenant-governor and adjutant-general................                                      $7,200.00

For care, transfer, transportation and insurance of military property while in the keeping of the State of Nevada, for clerical and stenographic assistance necessary, for traveling expenses of the adjutant-general or official detailed by him, for contingent expenses of adjutant-general’s office, for repairing roof of state armory, and for silk flag.........................                                        1,000.00

 

      Sec. 4.  Secretary of State’s Office.

For salary of secretary of state.....                                      $7,200.00

For salary of deputy secretary of state............................................                                        4,800.00

For salary of clerk in office of secretary of state......................                                        4,000.00

For salary of typist in office of secretary of state......................                                        2,400.00

 

 

 

 

 

 

 

 

 

General appropriations for 1917-1918

 

 

 

 

Governor’s office

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lieutenant-governor’s office

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Secretary of state’s office


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

ê1917 Statutes of Nevada, Page 218 (CHAPTER 130)ê

 

 

 

 

 

 

 

 

Attorney-general’s office

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State controller’s office

 

 

 

 

 

 

 

 

 

 

 

State treasurer’s office

 

 

 

 

 

 

Surveyor-general’s office

                                                                            From                 From State           From General

                                                                      General Fund           School fund            School Fund

For salary of typist and stenographer in office of secretary of state.................... .................................. $2,400.00

 

      Sec. 5.  Attorney-General and Mineral Land Commissioner’s Office.

For salary of attorney-general.... .................................. $7,200.00

For salary of mineral land commissioner.......................... .................................... 2,800.00

For salary of deputy attorney-general..................................... .................................... 4,800.00

For salary of stenographer in office of attorney-general..... .................................... 2,400.00

For additional clerk and stenographic assistance January 1 to April 1, 1917...... ....................................... 450.00

For contingent expenses of the attorney-general..................... .................................... 1,000.00

For actual traveling expenses of attorney-general..................... .................................... 1,200.00

 

      Sec. 6.  State Controller’s Office.

For salary of state controller....... .................................. $7,200.00

For salary of deputy state controller................................. .................................... 4,800.00

For salary of typist in office of state controller........................ .................................... 2,400.00

For new records in office of state controller........................ ....................................... 300.00

For enforcement and collection of state revenue and protection of state funds...... .................................... 1,000.00

 

      Sec. 7.  State Treasurer’s Office.

For salary of state treasurer........ .................................. $7,200.00

For salary of deputy state treasurer................................... .................................... 4,800.00

For salary of clerk in office of state treasurer......................... .................................... 2,400.00

 

      Sec. 8.  Surveyor-General’s Office.

For salary of the surveyor-general..................... $7,200.00

For salary of deputy surveyor-general....................... 4,800.00

For salary of draughtsman in office of surveyor-general.................................... 4,000.00

For salary of typist in the surveyor-general’s office.................................... 2,400.00

For salary of clerks in the office of the surveyor-general and for transcribing records.................................... 4,000.00


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

ê1917 Statutes of Nevada, Page 219 (CHAPTER 130)ê

 

                                                                                  From               From State         From General

                                                                            General Fund         School fund          School Fund

For purchase of township plats for office of surveyor-general...................................................................................... $200.00

 

      Sec. 9.  Inspector of Mine’s Office.

For salary of inspector of mines... ................. $7,200.00

For salary of deputy inspectors of mines                                                             9,600.00

For actual traveling and office expenses of inspector of mines.......................................... ................... 9,000.00

For emergency fund for safety and rescue apparatus  500.00

 

      Sec. 10.  Superintendent of State Printing.

For salary of superintendent of state printing                                                   $7,200.00

For salary of bookkeeper in state printing office                                                 2,400.00

For support of state printing office, to be expended under direction of state printer.......... ................. 36,000.00

For bookbinding, to be expended under direction of state printer......................................... ................... 6,000.00

For new material and repairs of state printing office                                           1,500.00

For heating plant............................ ................... 2,000.00

 

      Sec. 11.  Superintendent of Public Instruction.

For salary of superintendent of public instruction. $7,200.00

For salary of typist in office of superintendent of public instruction................................................................. 2,400.00

For actual traveling expenses of superintendent of public instruction................................................................. 1,500.00

For expenses of conducting teachers’ examinations, grading the papers, and payment of individual expenses.................................................................................... 1,250.00

For expenses of teachers’ institute.............................. 1,250.00

For text-book commission................................................ 500.00

For tuition, support, care, and education of deaf, blind, and feeble-minded........................................................... 8,000.00

For salary of general deputy superintendent of public instruction................................................................. 4,800.00

For actual traveling expenses of general deputy superintendent of public instruction.................... 3,000.00

 

 

 

 

 

 

Inspector of mines

 

 

 

 

 

 

 

 

 

 

Superintendent of state printing

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent of public instruction


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

ê1917 Statutes of Nevada, Page 220 (CHAPTER 130)ê

 

 

 

 

University of Nevada

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tonopah school of mines

 

 

 

 

Ely school of mines

 

 

 

 

 

Virginia school of mines

 

 

 

 

Goldfield school of mines

 

 

 

 

Bank examiner

                                                                            From                 From State           From General

                                                                      General Fund           School fund            School Fund

      Sec. 12.  University of Nevada.

For stock farm operation............. .................................. $6,500.00

For support of public service department of the University of Nevada, including state analytical laboratory, state hygienic laboratory, food and drugs control and weights and measures, state veterinary control, Smith-Lever extension, and agricultural experiment station...................................... .................................. 47,300.00

For installation of curbing and gutter on east side of Virginia street between Ninth and Tenth streets, for 360 linear feet (to be paid from general appropriation bond fund)......................................... ....................................... 288.00

For deficit of University of Nevada (to be paid from general appropriation bond fund)......................................... .................................. 30,000.00

 

      Sec. 13.  Tonopah School of Mines.

For salary of teacher of Tonopah school of mines..... .................................. $4,500.00

For support of Tonopah school of mines................................... .................................... 3,000.00

 

      Sec. 13 1/2.  Ely School of Mines.

For salary of teacher of Ely school of mines...................... .................................. $4,500.00

For support of Ely school of mines........................................ .................................... 3,000.00

 

      Sec. 14.  Virginia School of Mines.

For salary of teacher of Virginia school of mines...................... .................................. $4,000.00

For support of Virginia school of mines........................................ .................................... 1,200.00

 

      Sec. 14 1/2.  Goldfield School of Mines.

For salary of teacher of Goldfield school of mines...................... .................................. $4,800.00

For support of Goldfield school of mines................................... .................................... 3,000.00

 

      Sec. 15.  Bank Examiner and Banking Board.

For salary of bank examiner........ .................................. $8,000.00

For actual traveling and office expense of bank examiner and banking board................. .................................... 3,000.00


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

ê1917 Statutes of Nevada, Page 221 (CHAPTER 130)ê

 

                                                                                  From               From State         From General

                                                                            General Fund         School fund          School Fund

For salary of clerk of state bank examiner and clerk of adjutant-general.......................                                      $2,400.00

 

      Sec. 16.  Railroad Commission.

For salary of the railroad commissioners..........................                                    $23,000.00

For salary of secretary of the railroad commission.................                                        4,800.00

For general expenses of the railroad commission.................                                      10,000.00

For support of national association of railway commissioners valuation committee for the years 1917-1918 the sum of.........................                                        1,000.00

 

      Sec. 17.  Public Service Commission.

For salary of engineer of the public service commission......                                      $5,000.00

For salary of secretary of the public service commission......                                        1,200.00

For general expenses of the public service commission......                                        4,500.00

 

      Sec. 18.  Fish Commission.

For support of state fish commission...............................                                    $12,000.00

 

      Sec. 19.  Board of Health.

For salary of secretary of state board of health.........................                                      $3,000.00

For support of state board of health.........................................                                        3,500.00

 

      Sec. 20.  Nevada State Police.

For salary of superintendent of Nevada state police.................                                      $7,200.00

For other salaries............................                                        8,800.00

For general expenses.....................                                        1,500.00

 

      Sec. 21.  State Engineer.

For salary of state engineer..........                                      $7,200.00

For salary of assistant state engineer.....................................                                        4,800.00

For support of the department of state engineer...........................                                      25,000.00

For engineering experimentation..                                        5,000.00

 

      Sec. 22.  State Prison.

For salary and subsistence of the guards called “Death Watch” and care of condemned prisoners under sentence of death..........................................                                      $3,000.00

 

 

 

 

 

 

 

Railroad commission

 

 

 

 

 

 

 

 

 

 

 

 

Public service commission

 

 

 

 

 

 

Fish commission

 

 

 

Board of health

 

 

 

 

 

Nevada state police

 

 

 

 

 

State engineer

 

 

 

 

 

 

 

State prison


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

ê1917 Statutes of Nevada, Page 222 (CHAPTER 130)ê

 

 

 

State prison

 

 

 

 

 

 

 

 

 

 

 

 

 

Hospital for mental diseases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State orphans’ home

                                                                            From                 From State           From General

                                                                      General Fund           School fund            School Fund

For improvements, repairs, machinery, and stock for old prison and prison farm, to be paid from general appropriation bond fund....... .................................. $5,000.00

For miscellaneous repairs at the Nevada state prison............... .................................... 2,000.00

For payment of convicts for labor performed according to law............................................ .................................... 2,000.00

For the support of the Nevada state prison............................. ................................ 127,800.00

 

      Sec. 23.  Nevada Hospital for Mental Diseases.

For salary of superintendent of the Nevada hospital for mental diseases...................... .................................. $4,800.00

For construction and equipment for Nevada hospital for mental diseases...................... .................................... 2,500.00

For relief of discharged patients from the hospital for mental diseases................................... ....................................... 300.00

For amusements for hospital for mental diseases...................... ....................................... 600.00

For books and support of library for hospital for mental diseases................................... ....................................... 200.00

For chaplains for hospital for mental diseases...................... ....................................... 720.00

For support of the hospital for mental diseases...................... ................................ 100,000.00

 

      Sec. 24.  State Orphans’ Home.

For salary of superintendent and matron of state orphans’ home......................................... .................................. $4,800.00

For repairs and improvements on buildings of the state orphans’ home........................ .................................... 3,000.00

For education of the children of the orphans’ home in the Carson public schools........... .................................... 3,000.00

For salary of physician at state orphans’ home........................ .................................... 1,800.00

For books and periodicals for the orphans’ home................. ....................................... 100.00

For installation of oil-burner at state orphans’ home, to be paid from the general appropriation bond fund....... .................................... 2,000.00

 


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

ê1917 Statutes of Nevada, Page 223 (CHAPTER 130)ê

 

                                                                                  From               From State         From General

                                                                            General Fund         School fund          School Fund

For swimming pool, amusements, etc., at the orphans’ home, to be paid from general appropriation bond fund.........                                      $1,000.00

For support of the state orphans’ home...........................................                                      40,000.00

 

..... Sec. 25.  Historical Society.

For the support of the historical society.......................................                                      $6,000.00

For printing Romanzo Adams’s history of taxation in Nevada, to be expended under direction of state printer..........                                           100.00

 

..... Sec. 26.  Miscellaneous.

For salary of janitors......................                                      $5,280.00

For salary of watchmen.................                                        5,280.00

For salary of gardener....................                                        2,640.00

For salary of fireman......................                                        3,000.00

For stationery, fuel and light for state offices and state buildings and grounds............                                      10,000.00

For current expenses, telegraph and contingent, for the state officers, supreme court, and state library, and for transportation of state property.....................................                                      10,000.00

For expenses of capitol and state printing buildings, grounds and water-works, to be paid from general appropriation bond fund..................................                                        3,000.00

For improvements of capitol corridors, to be paid from general appropriation bond fund............................................                                        7,500.00

For repairs and improvements on capitol building, to be paid from general appropriation bond fund..................................                                        6,000.00

For payment of rewards offered by governor..............................                                        2,000.00

For election expenses....................                                        1,200.00

For cooperative irrigation investigation fund, to be expended by the state engineer and the University of Nevada in conjunction with the United States Department of Agriculture...........................                                        4,000.00

 

 

 

 

 

 

 

 

 

 

 

Historical society

 

 

 

 

 

 

 

Miscellaneous


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

ê1917 Statutes of Nevada, Page 224 (CHAPTER 130)ê

 

 

 

Miscellaneous

                                                                            From                 From State           From General

                                                                      General Fund           School fund            School Fund

For cooperative water-resources fund, to be expended by the state engineer in conjunction with the United States Geological Survey.................. .................................. $5,000.00

For support of commission on uniform laws............................ ....................................... 300.00

For painting portrait of ex-Governor T. L. Oddie, to be paid to Walter L. Cox............. ....................................... 500.00

For framing portrait of ex-Governor T. L. Oddie, to be paid to Porteous decorative company.................................. ......................................... 91.50

For agricultural and mining exhibit in Union Pacific headquarters building, Omaha, Nebraska................... ....................................... 250.00

For payment of premiums of state officers and employees to Nevada industrial insurance commission........... .................................... 3,500.00

For payment to John G. Taylor, account double payment of tax on sheep, for year 1916, state’s proportion.................. ....................................... 394.10

For completion of Lee audits of books and accounts of University of Nevada performed under direction of special legislative committee, to be paid from university contingent fund...................... .................................... 1,000.00

For pump, laundry, locks, tools, sinks and dishwashers, new ceilings, and changing substation, for hospital for mental diseases...................... .................................... 2,150.00

For district judges’ traveling expense.................................... .................................. 11,000.00

For salary of labor commissioner; support of labor commission................... .................................... 5,000.00

For fireproofing state library building under direction of the board of capitol commissioners after full investigation of requirements by the said board, to be paid from general appropriation bond fund.......................................... .................................... 7,200.00


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

ê1917 Statutes of Nevada, Page 225 (CHAPTER 130)ê

 

                                                                                  From               From State         From General

                                                                            General Fund         School fund          School Fund

      Sec. 27.  Nevada School of Industry.

For support of Nevada school of industry, being amount required exclusive of fund on hand January 1, 1917, aggregating $23,806.67............                                    $12,500.00

 

..... Sec. 28.  Supreme Court.

For salary of the judges of the supreme court...........................                                    $36,000.00

For salary of official reporter of the supreme court....................                                        3,000.00

For salary of two stenographers in the supreme court................                                        6,000.00

For salary of bailiff of the supreme court...........................                                           300.00

For indexing and compiling Nevada Reports........................                                           600.00

For printing and binding Nevada Reports (40, 41, and 42)...........                                        5,400.00

For official advertising and publication of decisions (payable from general fund)...                                        6,600.00

 

      Sec. 29.  Clerk of the Supreme Court.

For salary of the clerk of the supreme court...........................                                      $6,000.00

For salary of stenographer in office of clerk of the supreme court...........................................                                        1,440.00

For salary of reporter of decisions in the office of clerk of the supreme court...........................                                          600.00

 

      Sec. 30.  Clark County Experiment Farm.

For the payment of salary, labor, and other expenses of Clark County experiment farm, from February 1, 1917 to March 15, 1917, to be paid from the general fund; provided, however, that all moneys so expended shall be repaid by Clark County to the general fund from the proceeds of the sale of said Clark County experiment farm as soon as such amount is realized from such sale.

 

 

 

School of Industry

 

 

 

 

 

 

Supreme court

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk of supreme court

 

 

 

 

 

 

 

 

 

Clark County experiment farm

 

________

 

 


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

ê1917 Statutes of Nevada, Page 226ê

CHAPTER 131

 

 

 

 

 

 

 

 

 

 

 

Bonds authorized for paving Carson street in Carson City

 

 

 

Bonds, $500 each

 

 

 

 

 

 

 

Clerk to keep record

 

 

Negotiation of bonds

 

 

 

 

 

To highest bidder

 

Interest, 5% per annum

Chap. 131–An Act supplementary to an act entitled “An act to incorporate Carson City,” approved February 25, 1875; providing for the paving of a portion of Carson street in said city and authorizing and directing the board of city trustees of said Carson City to issue bonds on account of the expense of such improvement and other matters properly connected therewith.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of city trustees of the city of Carson if hereby authorized, empowered and directed to prepare and issue bonds of said city for an amount not to exceed the sum of fifty thousand dollars, exclusive of interest, for the purpose of providing sufficient funds for the paving of Carson street in said city between Washington street and Sixth street, including the intersections of said Washington street and Sixth street with said Carson street.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred dollars each. They shall be numbered from 1 to 100, consecutively, in the order of their issuance. They shall be signed by the president of the board of city trustees, countersigned by the city treasurer and authenticated with the seal of the city. 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 signed by the president of the board of city trustees and the city treasurer.

      Sec. 3.  The clerk of the board of city trustees 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 city trustees of Carson City is hereby authorized to negotiate the sale of said bonds, or such number thereof, and at such time as they may deem necessary, by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interests of the city, 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 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 bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 5.  Said bonds shall bear interest at five per cent per annum, and shall be payable semiannually on the first Monday in January and July at the office of the city treasurer of said Carson City; provided, that the first installment of interest shall be payable on the first Monday in January, 1918, and shall include the interest from the date of sale of such bonds to the first Monday of January, 1918; and provided, that the interest on said bonds shall cease upon the maturity thereof, as hereinafter provided.


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

ê1917 Statutes of Nevada, Page 227 (CHAPTER 131)ê

 

1918, and shall include the interest from the date of sale of such bonds to the first Monday of January, 1918; and provided, that the interest on said bonds shall cease upon the maturity thereof, as hereinafter provided. In no case shall any of said bonds run for a longer period than twenty-five years.

      Sec. 6.  The payment and redemption of said bonds shall be in the order of their issuance until the whole amount of bonds issued under the provisions of the act shall have been paid and redeemed. The interest coupons shall be paid semiannually, excepting the first coupon payable, which shall provide for interest to the first Monday in January, 1918, or in the event any of such bonds are sold after the first Monday in January, 1918, until the next date for semiannual payment following the issuance of the bonds.

      Sec. 7.  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 designated “Carson Street Paving Fund,” and to pay out said moneys in the manner now provided by law for the payment of claims against said city, and for the purpose provided for in this act.

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of city trustees of the city of Carson is hereby authorized, empowered, and directed to levy and collect annually by a special tax on all property, both real and personal, subject to taxation within the boundary limits of said city of Carson, until such bonds and the interest thereon shall have been fully paid, sufficient, together with any other moneys or revenues applicable to such purpose, to pay the interest on said bonds and to pay and retire the same as in this act provided. Such tax shall be levied and collected in the same manner and at the same time as other city taxes are levied and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as “Carson Street Paving Bond Redemption Fund.”

      Sec. 9.  On the first Monday of January, 1922, bonds numbers 1 to 5, inclusive, shall be due and payable and shall be paid on presentation for payment, and annually thereafter, on the first Monday in January, five of said bonds, in the order of their issuance, shall be payable, and shall be paid and retired upon presentation for payment, until all of said bonds have been retired and redeemed.

      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 board of city trustees of said city, be transferred to the general fund of said city.

      Sec. 11.  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 auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of city trustees, and the said city auditor shall credit said city treasurer on his books for the amount so paid.

 

 

Life of bonds limited to 25 years

Redemption of bonds

 

 

 

 

 

 

Paving fund created

 

 

 

 

Special tax for interest and redemption of bonds

 

 

 

 

 

 

 

 

Order of redemption

 

 

 

 

Tax ceases, when


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

ê1917 Statutes of Nevada, Page 228 (CHAPTER 131)ê

 

City treasurer to cancel paid bonds

 

 

Unissued bonds, how treated

 

 

Interest ceases, when

 

 

City treasurer liable

 

 

Interest must be paid promptly

 

 

City trustees to use proceeds of bonds for paving Carson street

 

City trustees to adopt plans for pavement

 

 

Bids to be advertised for

 

 

 

One-half cost of paving paid by owners of property fronting on Carson street

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 auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of city trustees, and the said city auditor shall credit said city treasurer on his books for the amount so paid. In the event the total amount of bonds authorized by this act are not issued, such unissued bonds shall be marked “Canceled,” and such cancelation authenticated by the president of the board of city trustees and the city treasurer, and all such canceled bonds shall be deposited with the city auditor.

      Sec. 12.  The holder of one or more of said bonds, for any cause whatever, failing to present said bonds to the said city treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 13.  The city treasurer of the city of Carson 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. 14.  It shall be obligatory on the said city of Carson and on its proper officers to pay in full the accrued interest on said bonds as in this act provided, and to pay said bonds on presentation after maturity until all of said bonds shall have been redeemed and retired.

      Sec. 15.  The board of city trustees of Carson City is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary to sell, for the paving of Carson street between Washington street and Sixth street as hereinafter provided.

      Sec. 16.  Such pavement shall be in accordance with plans and specifications adopted by the said board of city trustees and said board may adopt plans and specifications now on file in the office of the city clerk of said city, or may adopt other or additional plans and specifications.

      Sec. 17.  The board of city trustees shall advertise for bids for the paving of said street in accordance with plans and specifications by said board first adopted and may reject any and all bids, and shall require a contract in writing from the successful bidder and a bond, in an amount to be fixed by said board, for the faithful performance of such contract.

      Sec. 18.  Fifty per cent of the cost of paving that portion of Carson street between the north line of Sixth street and the north line of Washington street, or the north line of Washington street extended across said Carson street, exclusive of all cross-street intersections, and exclusive of that portion of the street to the center thereof in front of all blocks owned by the government of the United States, to wit,


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

ê1917 Statutes of Nevada, Page 229 (CHAPTER 131)ê

 

to wit, the mint and the postoffice blocks; and the blocks owned by the State of Nevada, to wit, the state capitol grounds, shall be at the expense of the owners of all lots or fractions of lots or blocks, lying between the west side line of said Carson street and a line parallel with said Carson street, running through the center of the tier of blocks between Carson and Curry streets from the north side line of Sixth street to the north side line of Washington street, and lying between the east side line of said Carson street and a line parallel with said Carson street, running through the center of the tier of blocks between said Carson street and Plaza street from the north side line of Sixth street to the track of the Virginia and Truckee Railroad on First avenue.

      Sec. 19.  The State of Nevada shall pay to Carson City the cost of paving to the center of said Carson street of that portion of the street upon which abuts the state capitol grounds, together with one-fourth the cost of the intersections of the streets to the north and south of said capitol grounds with said Carson street, and the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated for such purpose.

      Sec. 20.  Should the government of the United States reimburse the city of Carson for any portion of the expense of such paving of Carson street because of property of the United States abutting on said street, the sum so paid shall be placed in and become a part of said “Carson Street Paving Bond Redemption Fund.”

      Sec. 21.  The cost of paving the intersections of cross streets, not otherwise in this act provided for, of paving to the center of said Carson street in front of blocks owned by the government of the United States, to wit, the said mint and postoffice blocks, and to the center of the street in front of all lots owned by the city of Carson, and all the remaining cost of paving said street not otherwise provided for, shall be at the expense of said city of Carson.

      Sec. 22.  The said board of city trustees shall specially assess to each owner of a lot or lots, or fractional part of a lot or lots, or fractional part of a block subject to special assessment as provided for in section 18, the proportional cost of the paving of said Carson street, required to be paid by the owners of property described in section 18. The proportion of such cost shall be upon the ratio which the value of the lot or lots or fractional part of such lot or lots, or fractional part of a block, owned by each respective owner, bears to the total amount of the assessed value of all lots, or fractional part of a lot or lots, or fractional part of a block within the limits prescribed in section 18, exclusive of improvements thereon.

      Sec. 23.  After the total amount of the cost of such paving, chargeable to the owners of property described in section 18,

 

 

 

 

 

 

 

 

 

State to pay its proportion

 

 

 

 

U. S. payments to go into redemption fund

 

 

Certain intersections, paving paid for by city

 

 

 

 

Special assessments, how made


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

ê1917 Statutes of Nevada, Page 230 (CHAPTER 131)ê

 

Special assessments lien on property, when

 

 

 

 

 

1917 assessments controls valuation

 

 

 

 

Transcript of record open to public

 

 

 

Special assessment may be paid in installments-10 years time

 

 

 

 

 

 

In addition to general tax

 

Ormsby County to pay its proportion

 

All moneys go to redemption fund

18, shall be determined, and immediately after the assessment of taxes for state and county purposes for the year 1917 has been equalized, the said board of city trustees shall determine the proportional part of such cost chargeable to each owner and shall assess the same against the property subject to such special assessment, and such special assessment so made shall be a lien upon the property so specially assessed until the whole assessment, with accrued interest, if any, as hereinafter provided, shall have been paid.

      Sec. 24.  For the purpose of determining the value of such property subject to such special assessment, the assessment for state and county purposes for the year 1917 shall control. It shall be the duty of the county assessor of Ormsby County to assess the property subject to special assessment as provided for in section 18, separate from the improvements thereon and uniformly according to the value thereof as land independent of improvements, and to assess the improvements separately as such.

      Sec. 25.  As soon as said board of city trustees have determined the several amounts chargeable to such respective owners on account of such special assessment, they shall cause the same to be entered upon the record of said board, and a transcript thereof to be filed with the city treasurer. The records of said board shall be open to the inspection of any party interested in such assessment.

      Sec. 26.  The special assessment, mentioned in the next preceding section, may be paid to the city treasurer at the time the first installment of taxes for state and county purposes for the year 1917 are payable, or if not so paid shall be paid in equal annual installments extending over a period of ten years, together with interest on all unpaid installments at the rate of five per cent per annum, interest payable semiannually. Said installments and interest shall be payable and collected at the times and in the manner other city taxes are collected; provided, the balance due upon such unpaid assessment, together with accrued interest to the date of payment, may be paid to the city treasurer at any time.

      Sec. 27.  The special assessment hereinbefore provided for shall be in addition to any general tax levied upon all the property of the city for the payment of bonds issued on account of the cost of such pavement which is a charge upon the city as a whole.

      Sec. 28.  The county of Ormsby shall be considered the same as any other owner of property subject to the said special tax or assessment and shall pay for the cost of such pavement in equal proportion to all other property owners so specially assessed.

      Sec. 29.  All moneys paid on account of such special tax or assessment shall be deposited in and become a part of said “Carson Street Paving Bond Redemption Fund.”

      Sec. 30.  Nothing in this act providing for such special tax or assessment shall be deemed a requisite means,


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

ê1917 Statutes of Nevada, Page 231 (CHAPTER 131)ê

 

tax or assessment shall be deemed a requisite means, but as a supplementary means only for the payment of the bonds authorized to be issued by this act and the accrued interest thereon, so far as said bonds are concerned, but said bonds shall at all times be an obligation resting upon the entire assessable property of said city until such obligation is fully discharged, and if for any reason all or any portion of such special tax or assessment be not paid, then the said board of city trustees is required to levy such tax upon all the property within said city subject to taxation as will be sufficient to pay said bonds and the interest coupons as the same shall fall due.

      Sec. 31.  The said board of city trustees, before proceeding with the paving of said Carson street, may require the removal therefrom, to some other location, of all power, electric light, telegraph or telephone poles.

      Sec. 32.  The said board of city trustees is authorized and empowered to adopt any ordinance necessary or convenient to aid in carrying out the purposes of this act.

      Sec. 32 1/2.  All taxes herein provided for shall be levied for the year 1917 on or before the second Monday in April, 1917, and thereafter shall be levied at the same times prescribed for levying taxes for county purposes.

      Sec. 33.  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 of the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

Bonds obligation on Carson City

 

 

 

 

 

 

All poles may be removed from Carson street

Trustees may adopt ordinance to carry out act

All taxes levied in April, 1917

Faith of state pledged

 

________

 

CHAPTER 132

Chap. 132–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]

 

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

Assembly, do enact as follows:

 

      Section 1.  There are hereby created two schools of mines, one to be known as the “Goldfield School of Mines,” to be located at Goldfield, Esmeralda County, Nevada, and the other to be known as the “Ely School of Mines,” to be located at Ely, White Pine County, Nevada; both of said schools to be under the direction and control of the board of regents of the University of Nevada. The principal in charge of each of the said schools of mines shall receive a salary of twenty-four hundred dollars per annum, payable in twelve equal monthly installments, on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect.

      Sec. 2.  The board of regents of the University of Nevada is hereby authorized and empowered to expend for the support and maintenance of the Goldfield School of Mines for the years 1917 and 1918,

 

 

 

 

 

 

 

 

Creating schools of mines at Ely and Goldfield under board of university regents

Annual salaries of principals. $2,400

 

 

 

For expenses, $3,000 to each school


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

ê1917 Statutes of Nevada, Page 232 (CHAPTER 132)ê

 

 

the years 1917 and 1918, and for the Ely School of Mines for the years 1917 and 1918, in addition to the salaries of the principals in charge of said schools of mines, the sum of three thousand ($3,000) dollars for each of said schools.

 

________

 

CHAPTER 133

 

 

 

 

 

 

 

 

Name of act

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

Person of unsound mind may be extradited, when

Chap. 133–An Act to provide for the extradition of persons of unsound mind, and to make uniform the laws of the states which enact the same.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  This act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.

      Sec. 2.  The terms “flight” and “fled,” as used in this act, shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if he was then under detention by law as a person of unsound mind and subject to detention. The word “state,” wherever used in this act, shall include states, territories, districts, and insular and other possessions of the United States. As applied to a request to return any person within the purview of the act to or from the District of Columbia, the words “Executive Authority,” “Governor,” and “Chief Magistrate,” respectively, shall include a justice of the supreme court of the District of Columbia and other authority.

      Sec. 3.  A person alleged to be of unsound mind found in this state, who has fled from another state, in which at the time of his flight:

      (a) He was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind; or

      (b) He had been theretofore determined by legal proceedings to be of unsound mind, the finding being unreserved and in full force and effect, and the control of his person having been acquired by a court of competent jurisdiction of the state from which he fled; or

      (c) He was subject to detention in such state, being then his legal domicile (personal service of process having been made) based on legal proceedings there pending to have him declared of unsound mind;

-shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed thereto.


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

ê1917 Statutes of Nevada, Page 233 (CHAPTER 133)ê

 

      Sec. 4.  Whenever the executive authority of any state demands of the executive authority of this state any fugitive within the purview of section 3 and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state whence the person so charged has fled, with an affidavit made before a proper officer showing the person to be such a fugitive, it shall be the duty of the executive authority of this state to cause him to be apprehended and secured, if found in this state, and to cause immediate notice of the apprehension to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the apprehension, the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting such fugitive to the state making such demand shall be paid by such state. Any agent so appointed who received the fugitive into his custody shall be empowered to transmit him to the state from which he has fled. The executive authority of this state is hereby vested with the power, on the application of any person interested, to demand the return of this state of any fugitive within the purview of this act.

      Sec. 5.  Any proceeding under this act shall be begun within one year after the flight referred to in this act.

      Sec. 6.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 7.  All acts or parts of acts inconsistent with this act are hereby repealed.

Governor to act in extradition cases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation, 1 year

 

Interpretation of act

 

Repeal

 

________

 

CHAPTER 134

Chap. 134–An Act authorizing the ex officio insurance commissioner to employ a clerk, and establishing the compensation therefor.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The ex officio insurance commissioner is hereby authorized to employ a clerk, whose salary shall be twelve hundred dollars per annum, payable in equal monthly installments, from the general insurance fund.

 

 

 

 

 

 

 

 

Authorizing clerk for insurance commissioner

 

________

 

 


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

ê1917 Statutes of Nevada, Page 234ê

CHAPTER 135

 

 

 

 

 

 

 

 

 

State superintendent to apportion state distributive school fund

 

 

 

 

 

 

Methods of apportionment

 

 

 

 

 

 

 

 

 

 

 

State school reserve fund created

Balance, how distributed

Chap. 135–An Act to amend sections 151 and 152 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 151 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, is hereby amended to read as follows:

      Section 151.  It shall be the duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, as provided in section 144 of this act, to apportion to the several school districts in the state the moneys in the state distributive school fund subject to apportionment at such time. He shall apportion the moneys of said fund among the several school districts of the state in the following manner:

      1.  He must ascertain the number of teachers to which each school district is entitled by calculating one teacher for every thirty school census children or fractional part of thirty, equal to fifteen or more; provided, that a school having forty or more census children with an average attendance of twenty or more as shown by the report of such district for the last preceding school year shall be allowed an extra teacher.

      2.  He must apportion the state distributive school fund, subject to apportionment at the time, among the several schools districts of the state in the following manner:

      (a) He shall apportion to each district in the state $150 for each teacher to which the district is entitled as provided in paragraph one of this section.

      (b) He must further apportion on a per capita basis from the state distributive school fund to each school district in the state $2.50 for every child between the ages of six and eighteen years in the school district, as shown by the last preceding school census.

      (c) He shall set aside from the state distributive school fund then remaining the sum of $20,000, to be known as the state school reserve fund.

      (d) He shall apportion among the several school districts of the state the balance of the state distributive school fund, after the said $20,000 has been set aside on a per capita basis in proportion to the number of school census children in each district to the total number of school census children in the state as shown by the last preceding school census.

      3.  (a) Whenever any county has levied 40 cents on the $100 assessed valuation of the county, of which at least 25 cents on the $100 is for elementary school purposes, in counties where a separate levy is made for elementary schools and a separate levy for county high-school purposes, if such levy does not bring in an amount of money equal to that required by law of such county for all county school purposes,


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

ê1917 Statutes of Nevada, Page 235 (CHAPTER 135)ê

 

levy does not bring in an amount of money equal to that required by law of such county for all county school purposes, exclusive of school bonds and interest thereon, the superintendent of public instruction must apportion to said county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 25 cents on the $100 by the county shall be sufficient to make the sum required by law of such county for county school purposes; provided, that in addition to such levy of 25 cents on the $100 the county has levied at least 15 cents on the $100 for county high-school purposes, exclusive of school bonds and interest thereon.

      (b) Whenever any county has levied 40 cents on the $100 of the assessed valuation of the county for combined elementary and high-school purposes in a county having no county high school, if such levy does not bring in an amount of money equal to that required by law of such county for county school purposes, exclusive of school bonds and interest thereon, the superintendent of public instruction must apportion to such county from the state school reserve fund a sum of money such that taken with the amount raised by the levy of 40 cents on the $100 assessed valuation by the county shall be sufficient to make the sum required by law of such county for county school purposes exclusive of school bonds and interest thereon.

      4.  (a) In addition to the apportionments already provided for in this act the superintendent of public instruction shall apportion from the school reserve fund to any county which shall have levied a county high-school tax, when this county high-school tax rate taken with the rate required of the county for elementary schools (any relief rate having been deducted) makes a rate in excess of 40 cents on the $100 assessed valuation of such county, a special high-school relief apportionment equal in amount to that raised by the county by such tax in excess of 40 cents on the $100 assessed valuation in the county, as specified above, for the county high-school fund. But in no case shall he apportion from the state school reserve fund at any semiannual apportionment an amount in excess of $12.50 per pupil as determined by the average monthly enrollment in such county high school for the preceding school year.

      (b) The superintendent of public instruction shall apportion to any district in the state which after receiving the regular state and county apportionment provided for above shall lack the necessary funds to maintain its school properly, a special district relief apportionment from the state school reserve fund whenever such district shall have levied (and there shall have been collected the first half of) a special district tax of not less than 15 cents on the $100 of assessed valuation of said district. If the county in which such district is located has levied a total tax for county school purposes, exclusive of school bonds and interest thereon, amounting to 40 cents on the $100 assessed valuation of such county, the state shall provide from said state school relief fund a sum of money equal to that raised by said district by such special tax; but in no case shall he apportion at any semiannual apportionment more than $5 per census pupil for such relief apportionment to the district.

Certain apportionments from state reserve school fund

 

 

 

 

 

Same

 

 

 

 

 

 

 

 

Special high-school relief apportionment

 

 

 

 

 

 

 

 

 

Special district relief apportionment


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

ê1917 Statutes of Nevada, Page 236 (CHAPTER 135)ê

 

 

 

Limitation

 

 

 

 

 

 

 

 

 

 

Methods of semiannual apportionment

 

 

 

 

 

 

 

Manner of apportioning county school fund

exclusive of school bonds and interest thereon, amounting to 40 cents on the $100 assessed valuation of such county, the state shall provide from said state school relief fund a sum of money equal to that raised by said district by such special tax; but in no case shall he apportion at any semiannual apportionment more than $5 per census pupil for such relief apportionment to the district. In case the county levy for school purposes in the county in which said district is located is less than 40 cents on the $100 assessed valuation for county school purposes, exclusive of school bonds and the interest thereon, the county shall provide one-half and the state one-half of such special relief apportionment to be made by the superintendent of public instruction, and the total relief apportionment from the county and the state shall be equal to the sum raised by the special district tax on said district; but such combined relief from the county and the state shall not exceed at any semiannual apportionment $5 per census child in the district as determined by the last preceding school census.

      5.  The provisions of this section for the semiannual apportionments in the calendar years 1918 and 1919 shall be carried out in the following manner:

      (a) The amount apportioned for each teacher in this section under subdivision 2(a) shall be $137.50 instead of $150.

      (b) The amount apportioned on each child in this section under subdivision 2(b) shall be $2 instead of $2.50.

      (c) Subdivision 4(b) shall not apply to any district having more than 175 census children.

      Sec. 2.  Section 152 of said act is hereby amended to read as follows:

      Section 152.  The superintendent of public instruction shall immediately after he has apportioned the state distributive school fund, as provided in this act, proceed to apportion the county school fund of each county among its several school districts. He shall apportion the county school fund as follows:

      1.  He must ascertain the number of teachers to which each school district is entitled by calculating one teacher for every thirty school census children or fractional part of thirty equal to fifteen or more; provided, that a school having forty or more census children with an average attendance of twenty or more, as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher.

      2.  He must apportion the county school fund, subject to apportionment at the time, among the several school districts of the different counties of the state in the following manner:

      (a) He shall apportion to each district in the several counties of the state $225 for each teacher to which the district in entitled as provided in paragraph one of this section.


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

ê1917 Statutes of Nevada, Page 237 (CHAPTER 135)ê

 

      (b) He must further apportion on a per capita basis from the county school fund to each district $3 for every child between the ages of six and eighteen years in the school district, as shown by the last preceding school census.

      (c) He shall apportion among the several school districts of the different counties in the state the balance remaining in the county school funds of the several counties in the state, exclusive of a county school reserve fund in any county, after the apportionments have been made under (a) and (b), on a per capita basis in proportion to the number of school census children in each district to the total number of school census children in the county, as shown by the last preceding school census.

      3.  It shall be the duty of the board of county commissioners of each county not later than the April meeting, 1917, so as to provide funds under this act for the school year 1917-1918, and annually thereafter, at the time of levying their county taxes, to levy a county school tax sufficient to provide the money required for the apportionments to be made under this act. And the provisions of this act shall become effective for the first semiannual apportionment in the year 1918, at the time provided in sections 1 and 2 of this act.

      4.  Any money remaining in the state school reserve fund, and in any county school reserve fund on the 30th day of June and the 31st day of December of any year shall revert to the state distributive school fund and to the county school fund respectively.

Further apportionment

 

 

 

 

 

 

 

 

County commissioners to levy sufficient school tax

 

 

 

 

Residue of reserve fund reverts to certain funds

 

________

 

CHAPTER 136

Chap. 136–An Act authorizing the board of county commissioners of Eureka County to pay certain expenses and matters relating thereto.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Eureka County, Nevada, are hereby authorized and empowered to pay out of the county funds the expenses necessarily incurred by them, or any of said commissioners, in the examination and inspection of the highways and roads of said county, said expenses to be allowed, audited and paid the same as other bills against the said county; provided, that not more than $300 the year shall be allowed and paid for such purpose.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

Eureka County commissioners to pay certain claims

 

 

Limitation

Repeal

 

________

 

 


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

ê1917 Statutes of Nevada, Page 238ê

CHAPTER 137

 

 

 

 

 

 

 

Relief of Edna Sinclair

 

 

 

To be paid $50

Chap. 137–An Act for the relief of Edna Sinclair.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fifty ($50) dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, in payment of the claim of Edna Sinclair of like amount, for services rendered the Nevada world’s fair commission of St. Louis in 1904.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of Edna Sinclair for the sum of fifty ($50) dollars, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 138

 

 

 

 

 

Relief of Nevada Packing Company

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $440.31

Chap. 138–An Act for the relief of U. M. Slater, trustee for stockholders of Nevada Packing Company.

 

[Approved March 20, 1917]

 

      Whereas, During the years 1912, 1913, 1914, and 1915 certain contracts were entered into by the state board of prison commissioners on behalf of the state with the Nevada Packing Company for supplying meats to the Nevada state prison; and

      Whereas, The clerk of said Nevada state prison made certain unauthorized deductions from amounts due to the Nevada Packing Company for meats supplied under said contract; and

      Whereas, By reason of said deductions there was erroneously held from the Nevada Packing Company under said deductions the sum of four hundred forty and 31/100 ($440.31) dollars; and

      Whereas, A claim for same has been presented to the state board of examiners and approved by them for relief; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four hundred forty and 31/100 ($440.31) dollars is hereby appropriated for the relief of U. M. Slater, trustee for stockholders of Nevada Packing Company, for the purpose of paying for certain erroneous deductions made by mistake by the clerk of the Nevada state prison from bills of the Nevada Packing Company against the Nevada state prison; provided, however, that said appropriation be subject to further audit and reduction, if found warranted, by the state board of examiners, and the state controller is hereby authorized and directed to draw his warrant in favor of U. M. Slater, trustee for stockholders of Nevada Packing Company, for said sum of four hundred forty and 31/100 dollars, as approved by the state board of examiners after further audit, and the state treasurer is authorized to pay the same.


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

ê1917 Statutes of Nevada, Page 239 (CHAPTER 138)ê

 

forty and 31/100 dollars, as approved by the state board of examiners after further audit, and the state treasurer is authorized to pay the same.

 

 

________

 

CHAPTER 139

Chap. 139–An Act to grant the right of way to Walter E. Trent and his associates and assigns for the construction of a railroad from Ely, Nevada, or Eureka, Nevada, westerly, southerly or southwesterly to a connection with other railroad or railroads.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way, 200 feet in width, on which to locate, construct, maintain and operate, either by steam, electric, or other power, a narrow- or standard-gage railroad with iron or steel rails, by such route as they may deem most feasible or advantageous, from Ely, White Pine County, Nevada, or Eureka, Eureka County, Nevada, thence in a westerly, southwesterly or southerly direction to a point of connection with a line or lines of railroad now existing or hereafter to be built, such connection to be made at Mina, Nevada, or Basalt, Nevada, or to a convenient point on the Tonopah and Goldfield railroad or on any railroad found most feasible or advantageous between Beatty, Nevada, and Basalt, Nevada, is hereby granted to Walter E. Trent and his associates and assigns for the term of fifty years; provided, that the construction of said railroad shall be commenced within two years from the date of the passage of this act and shall be completed within five years thereafter.

      Sec. 2.  The said Walter E. Trent and his associates and assigns shall have all the rights, privileges and franchises conferred on railroad companies incorporated in this state by the provisions of “An act to provide for the incorporation of railroad companies and the management of the affairs thereof and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, so far as the same are consistent with the provisions of this act.

 

 

 

 

 

 

 

 

 

 

Right of way for railroad in Eureka and White Pine Counties

 

 

 

 

 

 

 

Proviso

 

W. E. Trent granted privileges under railroad act

 

________

 

CHAPTER 140

Chap. 140–An Act to fix the state tax levy for the fiscal years 1917 and 1918 and to distribute the same to the proper funds.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January 1, 1917, an ad valorem tax of sixty-one and fifty-five one-hundredths cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims,

 

 

 

 

 

 

 

 

Fixing state tax levy for 1917


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

ê1917 Statutes of Nevada, Page 240 (CHAPTER 140)ê

 

 

 

Apportionment of tax

 

 

 

 

 

 

 

 

 

Fixing state tax levy for 1918

 

 

 

Apportionment

state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty-three and seven-tenths cents; general school fund, seven and six-tenths cents; state loan interest and redemption fund, one and seven-tenths cents; territorial interest fund, two-tenths of one cent; university contingent fund, seven and three-tenths cents; contingent emergency bond interest and redemption fund, five-tenths of one cent; general appropriation bond interest and redemption fund, three-tenths of one cent; state highway fund, seven cents; rabies fund, two cents; agricultural building, University of Nevada, five-tenths of one cent; experiment farm, University of Nevada, twenty-five one-hundredths of one cent; new prison bond interest and redemption fund, five-tenths of one cent.

      Sec. 2.  For the fiscal year commencing January 1, 1918, an ad valorem tax of fifty-six and seventy-five one-hundredths cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, twenty-six and one-tenth cents; general school fund, six and eight-tenths cents; state loan interest and redemption fund, one and five-tenths cents; territorial interest fund, one cent; university contingent fund, six and five-tenths cents; contingent emergency bond interest and redemption fund, one and two-tenths cents; general appropriation bond interest and redemption fund, four-tenths of one cent; state highway fund, ten cents; rabies fund, two cents; agricultural building, University of Nevada, five-tenths of one cent; experiment farm, University of Nevada, twenty-five one-hundredths of one cent; new prison bond interest and redemption fund, five-tenths of one cent.

 

________

 

CHAPTER 141

 

 

 

 

 

 

 

Relief of T. J. Edwards

Chap. 141–An Act for the relief of Thomas J. Edwards.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and eighty-six and 30/100 dollars is hereby appropriated, out of general funds of the state treasury not otherwise appropriated, for the relief of Thomas J. Edwards, clerk of the district court of the United States for the district of Nevada, the said sum being for fees due to said Thomas J. Edwards,


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

ê1917 Statutes of Nevada, Page 241 (CHAPTER 141)ê

 

due to said Thomas J. Edwards, accrued in various cases in the said court, in which the railroad, tax and public service commissions of Nevada and state officers were parties, claim for which amount has been duly examined, allowed and approved by the state board of examiners.

      Sec. 2.  The state controller is authorized and directed to draw his warrant for said amount, and the state treasurer is authorized and directed to pay the same.

 

 

 

 

To be paid $186.30

 

________

 

CHAPTER 142

Chap. 142–An Act for the relief of T. A. Lotz.

 

[Approved March 20, 1917]

 

      Whereas, During the years from 1911 to 1916, inclusive, at the request of the supreme court of the State of Nevada, T. A. Lotz prepared certain scale drawings for the use of said court in the preparation of opinions in cases pending before said court at and for the price of fifty-three ($53) dollars for said scale drawings; and

      Whereas, The claim of said T. A. Lotz for said work was not approved by said supreme court until the recent retirement of Honorable F. H. Norcross as chief justice thereof; and

      Whereas, Said claim has been approved and allowed by the entire supreme court of Nevada, and has been examined, allowed and approved by a majority of the state board of examiners; and

      Whereas, Said claim is a legal and just claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fifty-three ($53) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of the said T. A. Lotz for the said services so rendered, and in full compensation for all of said services.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of said T. A. Lotz for the sum of fifty-three ($53) dollars, and the state treasurer is hereby directed to pay the same.

 

 

 

 

Relief of T. A. Lotz

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $53

 

________

 

CHAPTER 143

Chap. 143–An Act to provide for the preparation, printing, and distribution of a schedule showing the change in the Revised Laws of Nevada, 1912, wrought by the laws enacted at the special session of 1912, and regular sessions of 1913, 1915, and 1917, of the legislature of the State of Nevada.

 

[Approved March 20, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The attorney-general is hereby authorized and directed to prepare, or have prepared under his supervision,

 


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

ê1917 Statutes of Nevada, Page 242 (CHAPTER 143)ê

 

Providing for printing schedule of changes in Revised Laws

 

 

Where printed

3,000 copies

Appropriation, $75

directed to prepare, or have prepared under his supervision, a schedule showing the changes in the Revised Laws of Nevada, 1912, wrought by the laws enacted at the special session of 1912 and regular sessions of 1913, 1915 and 1917 of the legislature of the State of Nevada, and have the same printed in suitable form, and to distribute the same gratuitously to all proper applicants therefor.

      Sec. 2.  Said schedule shall be printed at the state printing office.

      Sec. 3.  Not more than three thousand copies of the same shall be printed.

      Sec. 4.  To carry out the purposes of this act the sum of seventy-five dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to pay for printing said schedule and postage on the distribution thereof, and to be disbursed in the same manner as other claims against the state are paid.

 

________

 

CHAPTER 144

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Southern Nevada agricultural board created; how composed

Chap. 144–An Act for the advancement of agriculture, horticulture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation thereto, in southern Nevada; creating the southern Nevada agricultural board and prescribing its duties; providing for cooperative agricultural extension work in southern Nevada by agreement with the agricultural extension division, University of Nevada; making an appropriation therefor; repealing “An act to establish an agricultural experiment farm in the southern part of this state and making an appropriation therefor,” approved March 2, 1905, and all acts amendatory and supplemental thereto, and for other purposes.

 

[Approved March 21, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the advancement of agriculture, horticulture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation thereto, in Clark County, and that portion of Nye County lying south of the 37th degree parallel of latitude, in southern Nevada, the governor is hereby authorized to appoint three persons, resident therein, as members of the southern Nevada agricultural board, which is hereby created. The terms of office of the members of said board shall be at the pleasure of the governor, and they shall serve without compensation other than for actual traveling and living expenses when attending meetings thereof. Said board shall organize by electing one of their number as chairman and may appoint a secretary who shall serve without compensation.


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

ê1917 Statutes of Nevada, Page 243 (CHAPTER 144)ê

 

      Sec. 2.  It shall be the duty of said board, on or before the 15th day of June of each year, to enter into a written agreement with the agricultural extension division, University of Nevada, providing for cooperative agricultural extension work in southern Nevada, as defined under the Smith-Lever act of Congress, for the ensuing federal fiscal year beginning July 1 next thereafter. Said agreement shall outline, in the form of definite projects, the work agreed to be undertaken and conducted during such fiscal year in pursuance of this act, and shall include a detailed budget of the expenditures authorized under each such project, a certified copy of which, and of any subsequent revision thereof, shall be filed with the state controller. No expenditures shall be contracted or paid except in pursuance of such budget.

      Sec. 3.  For the purposes of carrying out the provisions of this act the sum of twenty-five hundred dollars annually, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, and which shall be disbursed in pursuance of said budget on claims certified to by the chairman of said board and the director if agricultural extension, in the same manner as other claims against the state are paid.

      Sec. 4.  “An act to establish an agricultural experiment farm in the southern part of the state, and making an appropriation therefor,” approved March 2, 1905, and all acts amendatory thereof or supplemental thereto, are hereby repealed.

      Sec. 5.  The governor and secretary of state are hereby authorized and directed to make the necessary conveyances of all the real and all other property of the above-mentioned agricultural experiment farm to the county of Clark, the proceeds from the sale or lease of the same to be used in agricultural extension work in connection with said southern Nevada agricultural board.

Duties of said board

 

 

 

 

 

 

 

 

 

Appropriation, $2,500 annually

 

 

 

 

Abolishing Logan experiment farm

 

Governor and secretary of state to act

 

________

 

CHAPTER 145

Chap. 145–An Act to authorize the University of Nevada to purchase an experiment farm, and providing for the issuance and sale of bonds therefor and the redemption thereof.

 

[Approved March 22, 1917]

 

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 forty-three thousand ($43,000) dollars. Said bonds shall be in denomination of one thousand ($1,000) dollars, 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.

 

 

 

 

 

 

 

 

 

Bonds authorized to purchase experiment farm for university


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

ê1917 Statutes of Nevada, Page 244 (CHAPTER 145)ê

 

 

 

 

 

Bonds to be sold to various state educational funds

 

 

 

 

 

 

State tax for interest and redemption of bonds

 

 

 

 

 

 

 

Regents to purchase certain land

Description of same by metes and bounds

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. 2.  Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university 90,000-acre grant fund, or the university seventy-two section grant fund, as moneys may be available therein and in the state treasury to the credit of such fund, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. Said bonds shall be sold at par, and the proceeds thereof placed in a fund to be known as the university experiment farm fund. Two or more of said bonds of one thousand dollars each shall be redeemed each year commencing June 1, 1918, and annually thereafter upon the same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of one-fourth of one cent on each one hundred dollars of taxable property of the State of Nevada including the net proceeds of mines, and all moneys derived therefrom shall be paid into the University of Nevada experiment farm interest and redemption fund, which shall be used for the purpose of paying interest and the redemption of the bonds authorized by this act. If after the payment of interest and the annual redemption of the number of bonds as herein provided for, there shall remain a surplus in said interest 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 regents of the University of Nevada is hereby authorized and directed to exercise an option to purchase and to purchase that certain property situate in the county of Washoe, State of Nevada, in the south half of section 25 of township 19 N, R. 19 E, M. D. B. & M., and particularly described as follows: Beginning at the southeast corner of section 25 of T. 19 N, R. 19 E, M. D. B. & M., said corner being the intersection of the west line of the county road known as the Virginia road, with the north line of the county road extending westerly along the south boundary of said section 25 from said corner; thence north 20° 23ʹ 05ʺ west and along the west line of said Virginia road 1,727 feet; thence north 69° 36ʹ 55ʺ east 113 feet; thence north 20° 23ʹ 05ʺ west 447 feet; thence 69° 36ʹ 55ʺ east 75 feet to the west line of the right of way of the Virginia and Truckee railroad; thence north 20° 23ʹ 05ʺ west and along the west line of said right of way 560 feet to the north boundary line of the south half of said section 25; thence west and along said north boundary line of said south half 3,176 feet to post at northwest corner of the NE 1/4 of the SW 1/4 of said section 25; thence south 2,640 feet to the south boundary line of said section 25; thence east and along said south boundary line 3,960 feet to the place of beginning, and containing within the above-described boundaries 213.7 acres; excluding from the above-described land the county road known as the Virginia road, containing 1.33 acres.


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

ê1917 Statutes of Nevada, Page 245 (CHAPTER 145)ê

 

line of said section 25; thence east and along said south boundary line 3,960 feet to the place of beginning, and containing within the above-described boundaries 213.7 acres; excluding from the above-described land the county road known as the Virginia road, containing 1.33 acres. Also that certain right of way for a ditch, and said ditch, as the same is described and granted in that certain agreement between D. C. Wheeler and Matie Douglas Summerfield, dated January 9, 1911, and filed for record January 9, 1911, in book “E” of Bonds and Agreements, at page 312, et seq., and in the deed executed by Matie Douglas Summerfield to D. C. Wheeler in confirmation of said agreement, which deed is of record in the county recorder’s office of the county of Washoe, State of Nevada. Together with all of the water and water rights incident, appurtenant or used in the irrigation of the hereinbefore-described real estate, and all water and water rights incident or appurtenant to the said land conveyed, and also two hundred (200) shares of the capital stock of the South Side Irrigating Canal Company. Together with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.

      Sec. 5.  Said board of regents is hereby authorized and directed to pay for said property from the university experiment farm fund heretofore provided for in this act by a claim approved by the board of regents, and presented and allowed by the board of examiners, and when such claim be so presented and allowed the state controller shall draw his warrant for the amount of said claim in favor of the claimant.

Description by metes and bounds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Land paid for from university experiment farm fund

 

________

 

CHAPTER 146

Chap. 146–An Act to provide for civic and physical training and instruction in the high schools of Nevada, and matters properly connected therewith.

 

[Approved March 21, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of all school officers in control of public high schools in the State of Nevada to provide for courses of instruction designed to prepare the pupils for the duties of citizenship, both in time of peace and in time of war. Such instruction shall include: (1) Physical training designed to secure the health, vigor, and physical soundness of the pupil; (2) Instruction relative to the duties of citizens in the service of their country. In shall be the aim of such instruction to inculcate a love of country and a disposition to serve the country effectively and loyally.

      Sec. 2.  All boards of education or boards of school trustees of county or district high schools offering a four years’ high-school course are hereby empowered to employ teachers of physical training who shall devote all or part of their time to physical instruction for both boys and girls.

 

 

 

 

 

 

 

 

Civic and physical training authorized in schools

 

 

 

 

 

Special teacher, when


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

ê1917 Statutes of Nevada, Page 246 (CHAPTER 146)ê

 

 

 

State tax authorized

 

 

 

Superintendent of public instruction to apportion money

 

 

Restriction

 

In effect

high-school course are hereby empowered to employ teachers of physical training who shall devote all or part of their time to physical instruction for both boys and girls.

      Sec. 3.  In order to assist in the payment of salaries of said physical training instructors there shall be levied on the passage of this act an ad valorem tax of five mills on the hundred dollars of assessed valuation of all the taxable property of the state.

      Sec. 4.  The state superintendent of public instruction, at the time of the apportionment of other state school funds, shall apportion the funds derived from the levy as provided in section 2 of this act on the basis of the high-school enrollment of the preceding school year, as follows: Three hundred dollars for each one hundred pupils, or fraction thereof, enrolled in any high school partaking of the benefits of this act; but no high school shall receive such apportionment unless a legally licensed teacher of physical training is employed therein.

      Sec. 5.  This act shall take effect and be in force from and after its passage and approval.

 

________

 

CHAPTER 147

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for high school in Fallon

 

 

 

 

 

Denomination of bonds, interest, etc.

Chap. 147–An Act authorizing and directing the board of county commissioners of Churchill County, State of Nevada, to issue bonds for the purpose of providing means for the erection and maintenance of a high-school building in the city of Fallon, county of Churchill, State of Nevada, and the purchase of a site therefor, providing for the expenditure of the moneys realized from the sale of such bonds, and providing for the payment of such bonds upon maturity.

 

[Approved March 22, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, State of Nevada, is hereby authorized and directed under the provisions of this act to issue bonds of said county bearing interest at the rate of five per centum per annum, in the sum of eighty-five thousand dollars, including the fifty-thousand dollars bond issue authorized at the 1916 general election held in said county, none of which bonds shall run for a period longer than twenty years from the first day of July, 1917.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of one thousand dollars each. They shall be numbered from 1 to 85, consecutively. They shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with the seal of the county and countersigned by the county treasurer; and each of the interest coupons attached to said bonds shall be signed by the original or engraved facsimile signature of the county treasurer.


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

ê1917 Statutes of Nevada, Page 247 (CHAPTER 147)ê

 

be signed by the original or engraved facsimile signature of the county treasurer. The interest on said bonds shall be payable semiannually.

      Sec. 3.  On the first day of July, 1923, and annually thereafter, until and including the first day of July, 1927, five of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of Churchill County; on the first day of July, 1928, and annually thereafter, six of such bonds, together with the interest thereon, shall be paid and redeemed by said county treasurer. The payment and redemption of said bonds shall be in the order of their issuance, the lowest-numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed.

      Sec. 4.  The said bonds shall be advertised for sale and sold by the county board of education of said county for the purpose of raising funds for the objects designated in this act. Before delivery, they shall be registered by the county treasurer in a book kept for that purpose in his office, which shall show the amount, the place and time of payment, and the rate of interest; and said bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. All moneys derived from the sale of such bonds shall be paid to the county treasurer, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the “County High-School Building Fund,” and to pay out said moneys in the manner now provided by law for payments from the “County High-School Fund” and for the purposes provided for in this act.

      Sec. 5.  The county board of education is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purchase of property in said county of Churchill for a building site, agricultural gardens and other necessary school purposes, and for the construction of a high-school building thereon; and any balance remaining in such fund after the accomplishment of the said purposes shall be converted into and become a part of the “County High-School Fund.” Said county board of education shall determine as to the character and location of said building and as to the materials and plans to be used therefor; said board shall advertise for bids for the construction thereof and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Should the holder of any bond or bonds issued under this act, for any cause whatever, fail to present the same to the county treasurer for payment when due, all interest thereon shall thereupon immediately cease.

 

 

Redemption of bonds

 

 

 

 

 

 

 

Bonds registered and advertised for sale

 

 

 

 

 

 

 

 

 

County board of education to use bond money for purposes herein authorized


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

ê1917 Statutes of Nevada, Page 248 (CHAPTER 147)ê

 

Special tax to pay bonds and interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residue reverts

 

 

County treasurer liable

 

 

Faith of state pledged

      Sec. 6.  It shall be the duty of the board of county commissioners of Churchill County to annually levy and assess a special tax on all the taxable property of said county, including the net proceeds of mines, in an amount sufficient to pay the interest accruing on said bonds promptly when due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to always be promptly paid at the place of payment specified in the bonds; and if there be any surplus after paying said interest, the treasurer shall without delay pass the same to the credit of the “County High-School Fund,” and it shall then be subject to the disposal of the county board of education. Commencing in the year 1922, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of said Churchill County shall at the time of making the levy for taxes for state and county purposes, levy upon all the taxable property of said Churchill County, including the net proceeds of mines, a tax in an amount sufficient to produce the revenue required to redeem and make such payment of such of the above-mentioned bonds as shall mature on July 1 of the year next following the making of such levy. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and the county treasurer shall keep the same in a fund hereby created and known as the “High-School Bond Redemption Fund,” and the money in said fund shall be paid out by the said county treasurer in the payment of the principal of said bonds as they become due, upon the presentation and surrender of said bonds and coupons to the said county treasurer at his office. Should any money remain in said last-named fund after payment of all of said bonds the treasurer shall without delay pass the same to the credit of the “County High-School Fund.”

      Sec. 7.  The county treasurer shall be liable on his official bond for the safe keeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act provided.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 249ê

CHAPTER 148

Chap. 148–An Act to define judicial officers and offices and school officers and offices, and to declare them nonpartisan, and to provide that the names of candidates for such offices shall appear alike upon all ballots at primaries and general elections.

 

[Approved March 22, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The words and phrases of this act shall, unless such construction be inconsistent with the context, be construed as follows:

      (a) The words “judicial officers,” any justice of the supreme court, any judge of a district court, or any justice of the peace; and the words “judicial office,” the office filled by any judicial officer.

      (b) The words “school officer,” the state superintendent of public instruction, the regents of the University of Nevada, the members of the county boards of education, school trustees, and high-school trustees, and the words “school office,” any office filled by any school officer.

      Sec. 2.  All judicial offices and all school offices are hereby declared to be nonpartisan, and the names of candidates for such office shall appear alike upon the ballots of all parties at all primary elections and at all general elections.

 

 

 

 

 

 

 

 

 

 

Judicial and school officers to be nonpartisan

 

________

 

CHAPTER 149

Chap. 149–An Act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies.

 

[Approved March 22, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The business of every county in this state on and after the approval of this act shall be transacted upon a cash basis and in accordance with the terms of this act.

      Sec. 2.  For the purpose of this act every county, city, town, municipality, school district or high-school district and the governing boards thereof are deemed to be governmental agencies of the State of Nevada.

      Sec. 3.  The county commissioners of each county in this state shall, between the first Monday of January and the first Monday of April of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of said county for the then current year. Said budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission and shall in any event show the following detail:

 

 

 

 

 

 

 

 

County business to be on cash basis

 

Governmental agencies of state

 

Budget of all public expenses must be made as prescribed by tax commission


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

ê1917 Statutes of Nevada, Page 250 (CHAPTER 149)ê

 

Detail of assessable property

 

 

Detail of expenditures

 

 

Detail of receipts

 

 

 

 

 

 

 

 

 

 

 

Unlawful to contract any debt not included in budget

 

 

 

 

Action in cases of emergency or great necessity

Proviso

Must be published

      1.  Estimated aggregate assessments upon which the tax rates are based.

      2.  Real property.

      3.  Personal property.

      4.  Net proceeds of mines.

And shall show the estimated expenditures in detail, showing administrative expense, indigent fund, roads and bridges, interest and redemption, common schools, high schools, emergency.

      The estimated receipts from all sources in the following detail: Taxation, inheritance tax, licenses, fees, poll tax, interest on county moneys, rentals and sales of county property, forest service, state’s proportion of the county officers’ salaries, state school money.

      Upon the preparation and completion of said budget the same shall be signed by the commissioners of the county approving the same and by the county clerk, and the several sums set forth in said budget under estimated expenditures shall be thereby appropriated for the several purposes therein named for the then current fiscal year. Said budget shall be forthwith filed in the office of the auditor and recorder, and a copy thereof shall then be published for two publications, one week apart, in the official newspaper of the county, if there be one, or if there be no official newspaper, then in a newspaper to be designated by the board of county commissioners.

      Sec. 4.  It shall be unlawful for any commissioner, or any board of county commissioners, or any officer of the county to authorize, allow, or contract for any expenditures unless the money for the payment thereof is in the treasury and specially set aside for such payment. Any county commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney of the county wherein said commissioner or officer resides, upon the request of the attorney-general, or upon complaint of any interested party.

      Sec. 5.  In case of great necessity or emergency, the board of county commissioners by unanimous vote, by resolution reciting the character and nature of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the said state board of revenue, and the resolution of the said state board of revenue shall be recorded in the minutes of the board of county commissioners.


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

ê1917 Statutes of Nevada, Page 251 (CHAPTER 149)ê

 

warded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the said state board of revenue, and the resolution of the said state board of revenue shall be recorded in the minutes of the board of county commissioners.

      Sec. 6.  Whenever any board of county commissioners shall be authorized to make any emergency loan, as provided for in the preceding section, they may issue, as evidence thereof, negotiable paper, notes or short-time negotiable bonds. Said evidence of indebtedness shall mature not later than two and one-half years from the date of issuance, and shall bear interest at not to exceed eight per cent per annum, and be redeemable at the option of the county at any time when money is available in the emergency tax fund hereinafter provided.

      Sec. 7.  It shall be the duty of the county commissioners at the first tax levy following the creation of any emergency indebtedness to levy a tax sufficient to pay the same, which shall be designated “Emergency Tax,” the proceeds of which shall be placed in “The Emergency Fund” in the treasury of the county, and used solely for the purpose of maturing and redeeming the emergency loan for which the same is levied.

      Sec. 8.  The county commissioners of any county in this state which now has a floating indebtedness or any scrip outstanding shall levy a tax for the year 1917 sufficient to redeem and pay such floating indebtedness or scrip outstanding, or such board of county commissioners may immediately, upon the approval of this act, fund such floating debt into bonds, which bonds shall provide for the payment of principal and interest at the rate of not to exceed six per cent per annum and which shall be redeemed and retired in ten equal installments commencing January 1, 1918, and said board of county commissioners shall annually levy a tax sufficient to provide for the redemption of at least one-tenth of such outstanding bonded indebtedness and pay the interest thereon as herein provided.

      Sec. 9.  It shall be the duty of the governing board of every city, municipality, town, school district or high-school district in this state between the first Monday of January and the first Monday of April of each year to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of such city, municipality, town, school district or high-school district for the then current year. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission. The budget of any town or city or municipality shall in any event show the following detail:

 

 

 

 

Commissioners may issue short-time bonds or notes

 

Interest limited

 

 

Emergency tax, when

 

 

 

 

Existing indebtedness must be redeemed

 

 

 

 

 

 

 

 

Budgets for cities, towns and school districts


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

ê1917 Statutes of Nevada, Page 252 (CHAPTER 149)ê

 

Form of city budget

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of school district budget

TOWNS AND CITIES

Estimated Valuation:

      Realty    ................. ....... ………………..

      Improvements................. ....... ………………..

      Personal   ................. ....... ………………..

      Total    ................. ....... ………………..

Requirements (Estimated)

Salaries of officials ................................................................................... ………………..

Other administrative expense............. ....... ………………..

Police department................. ....... ………………..

Fire department ................. ....... ………………..

Streets and alleys ................. ....... ………………..

Bond interest and redemption............. ....... ………………..

Miscellaneous (itemized)............... ....... ………………..

Special (itemized).................. ....... ………………..

Total...................... ....... ………………..

Receipts (Estimated)

Licenses............... ………………..

Police fines.............. ………………..

Other sources, excluding taxation (itemized).. ………………..           ………………..

Balance from taxation................ ....... ………………..

 

Rate necessary to produce, ..…..

Cash on hand January 1............... ....... ………………..

Balance due second half taxes, 19…............ ....... ………………..

      And the budget of any school district or high-school district shall in any event show the following detail:

 

SCHOOL DISTRICTS

Estimated Valuation:

      Realty    ................. ....... ………………..

      Improvements................. ....... ………………..

      Personal   ................. ....... ………………..

      Total    ................. ....... ………………..

Requirements (Estimated)

      Purpose                              Amount

…………………………................ ....... ………………..

Receipts (Estimated)

Excess surplus on hand and due............ ....... ………………..

Net amount required from tax levy........... ....... ………………..

Cash on hand January 1............... ....... ………………..

Estimated amount state apportionment second half 19...

Estimated amount county apportionment

second half 19... ........................................................... ............................. ………………..

Operating surplus desired.............. ....... ………………..

Rate necessary to produce net requirement,……….

      Upon the preparation and completion of said budget it shall be signed by the governing board of such city, town, municipality, school district or high-school district, and in cities or municipalities it shall be filed with the city clerk; and if of a town, school district or high-school district it shall be filed with the auditor and recorder of the county wherein such town, school district or high-school district is situated.


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

ê1917 Statutes of Nevada, Page 253 (CHAPTER 149)ê

 

municipality, school district or high-school district, and in cities or municipalities it shall be filed with the city clerk; and if of a town, school district or high-school district it shall be filed with the auditor and recorder of the county wherein such town, school district or high-school district is situated. A copy of said budget shall be forthwith published for two publications, one week apart, in the official newspaper of the city, town or county, if there be one, or if there be no official newspaper then in a newspaper to be designated by the governing board of such city, municipality, town, school district or high-school district.

      Sec. 10.  It shall be unlawful for any governing board or any member thereof or any officer of any city, town, municipality, school district or high-school district to authorize, allow or contract for any expenditure unless the money for the payment thereof has been specially set aside for such payment by the budget. Any member of any governing board or any officer violating the provisions of this section shall be removed from office in a suit to be instituted by the city attorney in the case of cities, and by the district attorney in cases of towns, school districts or high-school districts wherein such officer or member of the governing board resides, upon the request of the attorney-general or upon complaint of any interested party.

      Sec. 11.  In case of great necessity or emergency the governing board of any city, town, school district or high-school district, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation for at least two publications, one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice. Upon the unanimous adoption by any governing board of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the state board of revenue, and the resolution of the said state board of revenue recorded in the minutes of the board.

      Sec. 12.  Whenever any governing board of any city, town, school district or high-school district shall be authorized to make an emergency loan as provided for in this act they may issue as evidence thereof negotiable notes or short-time negotiable bonds. Said negotiable notes or bonds shall mature not later than two and one-half years from the date of issuance, and shall bear interest not to exceed eight per cent per annum and be redeemable at the option of such city, town, school district or high-school district at any time when money is available in the emergency tax fund hereinafter provided.

Budget filed, and published in newspaper

 

 

 

 

 

 

Unlawful to contract any expense not included in budget

 

 

 

 

 

 

Action in cases of emergency or great necessity

 

 

 

 

 

 

 

 

 

 

Short-time bonds or notes for emergency loans


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

ê1917 Statutes of Nevada, Page 254 (CHAPTER 149)ê

 

 

 

Tax for emergency indebtedness

 

 

 

 

 

 

 

Publication of budget proper charge against county

 

Provisions of this act not effective for schools till Feb. 1, 1919; proviso

 

 

State board of revenue created

Certain acts repealed

city, town, school district or high-school district at any time when money is available in the emergency tax fund hereinafter provided.

      Sec. 13.  It shall be the duty of every governing board of any town, city, school district or high-school district at the first tax levy following the creation of any emergency indebtedness to levy a tax sufficient to pay the same, which shall be designated “City of…………..Emergency Tax,” “Town of….………Emergency Tax,” “School District….………Emergency Tax,” “….………High-School Emergency Tax,” as the case may be. The proceeds of which shall be authorized in an emergency fund in the treasury of the city or in an emergency fund in the treasury of the county, in the cases of towns, school district and high-school districts and shall be used solely for the purpose of redeeming the emergency loan for which the same is levied.

      Sec. 14.  The cost of publication of any budget or notice required of any town, school district or high-school district shall be a proper charge against the county in which the same is situated.

      Section 14 1/2.  The provisions of this act with reference to school districts and high-school districts shall not be effective until February 1, 1919; provided however, that when any special school tax be levied a budget showing the expenditures requiring such tax shall be filed with the board of county commissioners and said tax shall be subject to equalization to conform to any increase or decrease in assessed valuation. But this act shall not be construed to prevent contracts under existing laws with teachers, principals, city superintendents or other school supervisors.

      Sec. 15.  The state board of revenue consisting of the governor, state controller and attorney-general is hereby created.

      Sec. 16.  Those certain acts entitled “An act relating to the government of towns and cities, and limiting the tax rate thereof,” approved March 20, 1903; “An act to authorize the issuance of interest-bearing school warrants in emergencies, to repeal all the acts or parts of acts in conflict herewith, and other matters properly connected therewith,” approved March 23, 1911; and “An act relating to county government and the reduction of the rate of county taxation,” approved March 13, 1903, and all amendments to any such acts, are hereby repealed.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 255ê

CHAPTER 150

Chap. 150–An Act to amend an act entitled “An act to provide for the organization and government of drainage, irrigation, and water storage districts, to provide for the acquisition of water and other property, and for the distribution of the water thereby for irrigation purposes, and for other matters properly connected therewith,” approved March 20, 1911, as amended by chapter 278 of the Statutes of Nevada of 1915, approved March 29, 1915.

 

[Approved March 22, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section 1 of the above-entitled act, as amended by section 1 of chapter 278 of Statutes of 1915, be amended to read as follows:

      Section 1.  Whenever a majority of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources, and by the same system or combined system of works, desire to provide for the irrigation of the same, or, when for drainage purposes and other reasons, they desire to organize the proposed territory into one district, or if they desire to cooperate with the United States under the federal reclamation laws for the purpose of construction of irrigation works, including drainage works, or for the purchase, extension, operation or maintenance of constructed work or for the assumption, as principal or guarantor, of indebtedness to the United States on account of district lands, they may propose the organization of an irrigation district under this act; provided, said holders of title, or evidence of title, shall hold such title, or evidence of title, to at least one-half part of the total area of the land in the proposed district; provided, further, that no person shall be a competent signer of a petition provided in this act for the formation of an “irrigation district” who is not the holder of a title or evidence of title to not less than five acres of land irrigated or susceptible of irrigation from the said common source of water supply, which shall be accessible for the purpose of the district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received, including receipts or other evidence of rights of entrymen on land under any law of the United States or this state, and such entrymen shall be competent signers of such petition, and the land of which they have made entries shall, for the purpose of said petition, be considered as owned by them. And such entrymen shall share all the privileges and obligations of freeholders and owners of private land within the district, under the several provisions of this act, including the right to vote and hold office subject to the terms of the act of Congress entitled “An act to promote reclamation of arid lands,” approved August 11, 1916.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Irrigation districts, how organized

 

 

 

 

 

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

U. S. entrymen


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

ê1917 Statutes of Nevada, Page 256 (CHAPTER 150)ê

 

District may have 3, 5, or 7 divisions, and 3, 5, or 7 directors

 

 

 

No change in number of directors or divisions, except by petition of two-thirds of electors

 

 

 

Commissioners to define boundaries

 

 

 

 

Proviso

 

 

Contiguous lands

 

 

 

Proviso

office subject to the terms of the act of Congress entitled “An act to promote reclamation of arid lands,” approved August 11, 1916. The petitioners may determine in said petition whether the proposed district shall be divided into three, five, or seven divisions, and whether it shall have three, five, or seven directors, but if no number is named in the petition, the board of county commissioners may determine whether the number shall be three, five, or seven.

      Sec. 2.  That section 3 of the above-entitled act is hereby amended to read as follows; provided, that the number of directors and the number of divisions of districts organized prior to the passage of this amendment shall not be altered or changed except by petition of two-thirds of the qualified electors of said district and a majority vote of the directors:

      Section 3.  When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given as required by law, and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall then proceed to define the boundaries of said proposed district from said petition and from such application for the exclusion of lands therefrom and inclusion of lands therein as may be made in accordance with the provisions of this act. The said commissioners may adjourn such examination from time to time not exceeding three weeks in all and shall, by final order duly entered, define and establish the boundaries of such proposed district; provided, that said board shall not modify such proposed boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land within the boundaries proposed by the petition susceptible to irrigation by the same system of water-works applicable to other lands in such proposed district; provided, also, that contiguous lands not included in such proposed district, as described in the petition, may, upon application of the owner or owners thereof, be included in such district upon such hearing; provided, that in the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case they deny the same, or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which they shall have a right to refuse or dismiss the same, they shall state their reasons in writing therefor in detail, which shall be entered upon their records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of said county, compelling them to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, and which twenty days shall be excluded from the forty days given the commissioners herein to act upon said petition.


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

ê1917 Statutes of Nevada, Page 257 (CHAPTER 150)ê

 

      When the boundaries of any proposed district shall have been examined and defined as aforesaid, the county commissioners shall forthwith make an order allowing the prayer of said petition, defining and establishing the boundaries and designating the name of such proposed district, and also divide such district into three, five, or seven divisions, as named in the petition as nearly equal in size as may be practicable, and one director, who shall be a landholder and qualified elector in the division, shall be elected as director, from such division, by the freeholders who are also qualified electors in the proposed district at large. No more than one person shall be elected as a director from one and the same division of such district. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the landholders, who are also qualified electors of said district, to be held for the purpose of determining whether such district shall be organized under the conditions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district as herein provided, to be voted for as directors therein. Each of said divisions shall constitute an election district for the purpose of this act. Said board of county commissioners shall then give notice of such election to be held in such proposed district, which notice shall be published for three weeks prior to such election in a newspaper within the county or counties within which such proposed district lies. Such notice shall require the said electors to cast ballots which shall contain the words “Irrigation District-Yes” or “Irrigation District-No,” or words equivalent thereto, and also the names of persons to be voted for to fill the various elective offices by this act provided for. For the purpose of this election above provided for, the said board of county commissioners must establish a convenient number of election precincts and polling places in said proposed districts and define the boundaries thereof, which said precincts may thereafter be changed by the board of directors of such district, and shall also appoint the judges of election for such precinct, one of whom shall act as clerk of the election.

      The officers of such district shall consist of three, five, or seven directors, as aforesaid, a secretary and a treasurer, who shall be appointed by the board of directors.

      Any person, male or female, of the age of twenty-one years or over, whether a resident of the district or not, who is a bona fide holder of title or evidence of title as defined in section 1 hereof, to land situated in the district shall be entitled to vote at any election held under the provisions of this act, but at any election upon the question of a proposed bond issue, contract with the United States or any election to authorize indebtedness, each qualified voter shall be entitled to cast one vote for each dollar, or major fraction thereof, of benefit or assessment apportioned to his land as shown in the apportionment of benefits under the proposed contract or bond issue as herein required to be made, filed and published prior to the election, and at any such election a member of the election board shall indorse on the ballot of each elector the number of votes to which he is entitled, and his ballot shall be counted as the number of votes so indorsed thereon.

County commissioners to make order

 

 

 

 

 

 

 

 

 

 

 

 

Each division an election district for water purposes

 

 

Concerning irrigation district elections

 

 

 

 

 

 

Officers of district

 

Women entitled to vote


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

ê1917 Statutes of Nevada, Page 258 (CHAPTER 150)ê

 

Vote according to value of benefit or assessment

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

Elections to be held under general election laws

 

 

 

 

 

 

 

 

 

 

 

No new district without consent of directors

thereof, of benefit or assessment apportioned to his land as shown in the apportionment of benefits under the proposed contract or bond issue as herein required to be made, filed and published prior to the election, and at any such election a member of the election board shall indorse on the ballot of each elector the number of votes to which he is entitled, and his ballot shall be counted as the number of votes so indorsed thereon. Any elector residing outside of the district owning land in the district and qualified to vote at district elections shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located for the purpose of determining his place of voting and qualifications for holding office; provided, that the number of directors and the number of divisions of districts organized prior to the passage of this amendment shall not be altered or changed except by petition of two-thirds of the qualified electors of said district and a majority vote of the directors.

      Sec. 3.  That section 4 of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  Except as in this act otherwise provided, all such elections shall be conducted as nearly as practicable in accordance with the general election laws of this state. The said board of county commissioners shall meet on the second Monday succeeding such election and proceed to canvass the votes cast thereat, and if, upon such canvass, it appears that at least a majority of said legal electors in said district voting at such election have voted “Irrigation district-Yes” the said board shall, by an order entered on their minutes, declare such territory duly organized as an irrigation district, under the name and style theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices, to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county, including any portion of such district, shall, after the date of organization of such district, allow another district to be formed, including any of the lands of such district, without the consent of the board of directors thereof, and from and after the date of such filing, the organization of such district shall be complete, and the officers thereof shall immediately enter upon the duties of the respective offices, upon qualifying, in accordance with the law, and shall hold such offices, respectively, until their successors are elected and have qualified.

      Sec. 4.  That section 5 of the above-entitled act, as amended by chapter 278 of the Statutes of Nevada of 1915, approved March 29, 1915, is hereby amended so as to read as follows:


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

ê1917 Statutes of Nevada, Page 259 (CHAPTER 150)ê

 

amended by chapter 278 of the Statutes of Nevada of 1915, approved March 29, 1915, is hereby amended so as to read as follows:

      Section 5.  The regular election of said district shall be held on the first Tuesday after the first Monday in April biennially thereafter, at which shall be elected one director by the electors of the district at large; provided, in districts already organized and directors have been elected in conformity with existing laws, no election shall be held until the year 1916; provided further, the directors elected at the organization election, heretofore held or held hereafter, shall be selected by lot, so that if there be three directors one shall hold his office for the term of two years, and two for the term of four years, but if there be five directors then two shall hold office for the term of two years, and three for the term of four years, and if there be seven directors then three shall hold office for the term of two years, and four for the term of four years, and an election shall be held in each district biennially thereafter, at which one, two, three, or four directors as may be necessary to replace the directors whose terms expire, shall be elected for a term of four years, or until their successors are elected and qualify. Such director must be a qualified elector and a freeholder of the division of the director whom he is to succeed in office. Within ten days after receiving the certificates of election hereinafter provided for, such officer shall take and subscribe to an official oath and file the same in the office of the board of directors, and execute the bond hereinafter provided for. Each member of said board of directors shall execute an official bond in the sum of seven thousand five hundred dollars ($7,500), which said bonds shall be approved by the judge of the district court in and for said county where such organization is effected, and shall be recorded in the office of the county recorder thereof and filed with the secretary of said board. All official bonds provided for in this act shall be in the form prescribed by law; provided, that in case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collection of moneys for and on behalf of the United States in connection with any federal reclamation project, each such director shall execute a further and additional bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and any such bond may be sued upon by the United States or any person injured by the failure of such director or the district to fully, promptly, and completely perform their respective duties.

      Sec. 5.  That section 6 of the above-entitled act, as amended by chapter 278 of Statutes of Nevada of 1915, approved March 29, 1915, is hereby amended to read as follows:

 

 

Regular district election in April, biennially

Proviso

 

 

 

Various terms of directors

 

 

 

 

 

Qualifications of director

 

To take oath and give bond

 

 

 

 

Proviso

 

 

 

Additional bond to U. S., when


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

ê1917 Statutes of Nevada, Page 260 (CHAPTER 150)ê

 

 

 

Office of board in county where organization is effected

Election notices

 

 

 

Procedure regarding election

 

 

 

 

 

 

Registration of electors

 

 

 

 

 

 

 

 

 

Registration necessary to vote

 

 

 

Further regulations regarding election

amended by chapter 278 of Statutes of Nevada of 1915, approved March 29, 1915, is hereby amended to read as follows:

      Section 6.  The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organization of the district, the secretary, who shall be appointed by the board of directors, shall cause notice specifying the polling places in each election precinct to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notice, the board must appoint from each precinct, from the electors thereof, three judges, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designated the hour and the place in the precinct where the election must be held. At least four weeks before any such election, said board of directors shall appoint a registrar for each precinct of the district, except the precinct in which the office of the secretary of the board is located. In the precinct in which his office is located, or where there is but one voting precinct in the district, the secretary of the district shall act as registrar. Such registrars shall be governed in the performance of their duties by the general elections laws of the state as far as they are applicable, and must be at their places of registration, to receive applications for registration, from nine o’clock a. m. to nine o’clock p. m., on each of the three Saturdays next preceding the date of election. In addition to the usual elector’s oath, the following shall be added: “As I am a holder of land within the boundaries of……………………Irrigation District.” No election for any purpose shall be held in any irrigation district without such registration, and only those persons duly registered shall be allowed to vote thereat; provided, said directors may include all of said district in one voting precinct.

      Sec. 6.  That section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  The said judge shall elect a chairman, who may administer all oaths required in the progress of an election, and appoint judges and clerks, if during the progress of an election any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of the election.


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

ê1917 Statutes of Nevada, Page 261 (CHAPTER 150)ê

 

during the progress of the election. The board of election of each precinct must, before opening the polls, appoint two clerks to act as clerks of the election. Before opening the polls, each member of the board and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon them by law. Any elector of the precinct may administer and certify such oath. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally-list, and the making and certifying said results, and the disposition of the ballots after election, shall be the same, as near as may be, as provided for elections under the general election law of this state; but no registrar or election officer shall receive any pay for services at any district election; provided, that the returns shall be delivered to the secretary of the district, and that no list, tally paper, or certificate returns from any election, shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after each election to canvass the returns, and they shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when they shall have declared the result, the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election signed by him and authenticated with the seal of the board. In case of a vacancy in the office of the director, the vacancy shall be filled by appointment by the remaining members of the board from the division in which the vacancy occurred. An officer appointed to fill a vacancy, as above provided, shall hold his office until the next regular election of said district, at which election a director shall be elected for the remainder of the unexpired term.

      Sec. 7.  That section 13 of the above-entitled act, as amended by chapter 278 of the Statutes of 1915, is hereby amended so as to read as follows:

      Section 13.  Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers, and employees as may be required, and prescribe their duties, and to establish equitable by-laws, rules and regulations, for the distribution and use of water among the owners of such land as may be necessary and just to secure and just and proper distribution of the same. Said by-laws, rules and regulations must be printed in convenient form for distribution throughout the district. The board and its agent and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.

 

To appoint clerks

 

 

 

 

 

 

 

 

 

 

Canvass of returns

 

 

 

 

 

Result declared

 

 

 

 

 

 

 

 

 

Powers and duties of board of directors of water district


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

ê1917 Statutes of Nevada, Page 262 (CHAPTER 150)ê

 

Powers and duties of board

 

 

 

 

 

 

 

 

Control over government land, how acquired

 

 

 

 

 

 

 

 

 

 

Board may contract with U. S. for construction and maintenance of works

 

 

 

Benefits, how apportioned

board and its agent and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights, and other property necessary for the construction, use and supply, maintenance, repair, and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, and all necessary appurtenances. In case of purchase, the bonds of the district hereinafter provided for may be used to their par value in payment.

      For the purpose of acquiring control over government land within the district, and of complying with the provisions of the aforesaid act of Congress of August 11, 1916, the board shall have authority to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite. Said board may appropriate waster in accordance with the law, and also construct the necessary dams, reservoirs, and works for the collection of water for said district; and do any and every lawful act necessary to be done that sufficient water may be furnished to each land owner in said district for irrigation purposes. The use of all water required for the irrigation of lands of any district formed under the provisions of this act, together with the rights of way for canals and ditches, sites for reservoirs, and all other property required to fully carry out the provisions of this act, is hereby declared to be a public use, subject to the regulations and control of the state, in the manner prescribed by law.

      Said board may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the federal reclamation act and all acts amendatory thereof or supplementary thereto, and the rules and regulations established thereunder; or the board may contract with the United States for a water supply or drainage works, under any act of Congress providing for or permitting such contract, or may provide by contract with the United States for the release of mortgages or liens given or reserved to the United States upon district lands, and may provide for the assumption by the district, either as principal or guarantor, of indebtedness to the United States on account of district lands and apportion to each tract of land so released benefits in the amount of the obligations to the United States so provided to be released; and the contract between the district and the United States may provide for the collection and payment of indebtedness so incurred or assumed by the district and the tax or assessment for the same at the same times and in the same amounts or installments provided in the federal reclamation laws, and if so provided in the contract, such taxes and assessments shall become delinquent at the same dates provided in the act of Congress of August 13, 1914 (38 Stats. 686),


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

ê1917 Statutes of Nevada, Page 263 (CHAPTER 150)ê

 

and payment of indebtedness so incurred or assumed by the district and the tax or assessment for the same at the same times and in the same amounts or installments provided in the federal reclamation laws, and if so provided in the contract, such taxes and assessments shall become delinquent at the same dates provided in the act of Congress of August 13, 1914 (38 Stats. 686), known as the reclamation extension act and in that event if it be provided in the contract that the United States waives any penalties for delinquency other or greater than those named in the said act of Congress of August 13, 1914, then, instead of the penalties for delinquency otherwise provided in state laws, the penalties for delinquency in the payment of that part of the tax representing the special assessment for payment of the obligations of the district to the United States shall be the penalties named in the said act of Congress of August 13, 1914, and the amount required to be paid in case of any redemption from any tax sale or tax judgment shall be determined by figuring the part thereof due to the United States upon the basis of the amount of such special assessment levied for the purpose of paying the United States plus the penalties named in said act of Congress of August 13, 1914. And the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto. All water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of Congress, the regulations of the secretary of the interior, and the provisions of said contract in relation thereto, and said contract may provide that water delivery may be denied to any delinquent land owner for nonpayment of any assessment required for compliance with said contract with the United States. That any one of the several divisions of the irrigation district, desiring to secure local drains, laterals, or other structures or improvements, the benefits of which are limited to such division, may provide for the construction and operation of such local improvement in the following manner: That upon presentation to the board of directors of any irrigation district of a petition signed by a majority of the land owners of any division owning or holding title or possessory rights to at least one-fourth of the total acreage of such division, and designating two land owners of such division, and describing in a general way the local improvements desired, the board of directors of the district shall consider such petition at a regular or special meeting, and if they find that the requirements of the law have been complied with in regard to such petition, shall appoint the two land owners designated in such petition as directors of a local board for such division, the first of such local directors named in the petition to hold office for a period of two years and the second for a period of four years, and successors to be elected by the electors of the division in like manner as the directors of the district are elected by the electors of the district.

 

 

 

 

Reclamation extension act of Congress

 

 

 

 

 

 

 

 

 

 

 

 

Water distributed in accordance with acts of Congress and other regulations

 

 

 

Local drains and ditches, how secured


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

ê1917 Statutes of Nevada, Page 264 (CHAPTER 150)ê

 

Land owners appointed

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue, how effected

 

 

 

 

 

 

 

 

 

Salaries of local board

appoint the two land owners designated in such petition as directors of a local board for such division, the first of such local directors named in the petition to hold office for a period of two years and the second for a period of four years, and successors to be elected by the electors of the division in like manner as the directors of the district are elected by the electors of the district. The two local directors so appointed or elected, together with the director of the district from such division, shall constitute the local board for such division, and may provide for the construction or operation of local drains, laterals, and other structures or improvements, the benefits of which are confined to such division, and for the purpose of the construction and operation of such local improvements and apportionment, assessment, and payment therefor, shall have all the powers that the directors of the district are authorized to exercise in regard to the construction and operation of, and payment for, district works, and shall proceed in like manner and with like effect to submit to the electors of the division the question of authority for any proposed bond issue of such division or contract between such division with the United States, and if carried by the necessary two-thirds majority of the votes cast at the election, such local board shall proceed to have such bond issue or contract judicially reviewed and confirmed in like manner as a district bond issue, and with like effect and prior to such election in like manner shall apportion the benefits thereof to the lands of the division, and certify such apportionment to the board of directors of the district, who shall report the same to the proper county officer in like manner and effect as an apportionment of benefits made by the district, and shall likewise provide for payments of the bonds or contract or the division and the interest thereon, if any, and operation and maintenance of such local works and the payment of the local board and incidental expenses in connection therewith.

      Each member of said local board shall receive a salary of three dollars per day for the time actually employed, but should such proposed bond issue or contract with the United States for such proposed local improvement fail to receive the required majority of the votes of the division at such election, then the term of office of such local directors shall thereupon terminate and said local board be dissolved. Provided, further, in case contract has been or may hereafter be made with the United States as herein provided, bonds of the district may be deposited with the United States at 90 per cent of their par value, to the amount to be paid by the district to the United States under any such contract, the interest on said bonds to be provided for by assessment and levy as in the case of other bonds of the district, and regularly paid to the United States, to be applied as provided in such contracts, and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy or assessment provided for in section 31,


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

ê1917 Statutes of Nevada, Page 265 (CHAPTER 150)ê

 

ited it shall be the duty of the board of directors to include as part of any levy or assessment provided for in section 31, as herein amended, an amount sufficient to meet each year all payments accruing under the terms of any such contract; and the board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and assume the duties and liabilities incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto; provided, all water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of Congress and the rules and regulations of the secretary of the interior, and the provisions and contract between the said district and the United States in relation thereto.

      Sec. 8.  That section 14 of the above-entitled act is hereby amended so as to read as follows:

      Section 14.  The legal title to all property or rights acquired under the provisions of this act shall immediately by operation of law vest in such irrigation district and shall be held by such district in trust for, and is hereby dedicated and set apart to the uses and purposes set forth in this act. Said board is hereby authorized and empowered to hold, use, acquire, manage, occupy, and possess said property and rights as herein provided; provided, however, that any property acquired by the district may be conveyed to the United States in so far as the same may be needed by the United States for the construction, operation and maintenance of works for the benefit of the district under any contract which may be entered into with the United States pursuant to this act.

      Sec. 9.  That section 18 of the above-entitled act is hereby amended so as to read as follows:

      Section 18.  The board of directors may, at any time when in their judgment it may be advisable, call a special election and submit to the qualified electors of the district, the question whether or not a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this act. Such election must be called upon the notice prescribed, and the same shall be held and the result thereof be determined and declared, in all respects in conformity with the provisions of sections 5 and 6. The notice must specify the amount of money proposed to be raised, and the purpose for which it is intended to be used.

 

 

Payments must be guaranteed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal title vests in district

 

 

 

Proviso

 

 

 

 

 

 

Special election for special assessment, when


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

ê1917 Statutes of Nevada, Page 266 (CHAPTER 150)ê

 

 

 

 

 

 

 

 

 

 

 

 

Directors to formulate general plan of operation

 

 

 

 

 

 

 

 

 

 

Special election, when

be raised, and the purpose for which it is intended to be used. At such elections the ballots shall contain the words “Assessment-Yes, or “Assessment-No.” If two-thirds or more of the votes cast are “Assessment-Yes,” the board shall immediately levy an assessment sufficient to raise the amount voted. The assessment so levied shall be computed and entered on the assessment roll by the secretary of the board and collected in the same manner as other assessments provided for herein; and when collected shall be paid into the district treasury for the purpose specified in a notice of such special election.

      Sec. 10.  That section 23 of the above-entitled act, as amended by the aforesaid chapter 278 of the Statutes of Nevada of 1915, is hereby amended so as to read as follows:

      Section 23.  As soon as practicable after the organization of any such district, the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operation, in which it shall state what constructive works or other property it proposes to purchase and the cost of purchasing the same; and further what construction work it proposes to do and how it proposes to raise the funds for carrying out said plan. For the purpose of ascertaining the cost of any such construction work said board shall cause such surveys, examinations, and plans to be made as shall demonstrate the practicability of such plan, and furnish the proper basis for an estimate of the cost of carrying out the same. All such surveys, examinations, maps, plans, and estimates shall be made under the directions of a competent irrigation engineer and certified by him. No such surveys, examinations, or plans need be made if to is proposed to enter into contract with the United States under the federal laws. Upon receiving said report, said board of directors shall proceed to determine the amount of money necessary to be raised, and shall immediately thereafter call a special election, at which shall be submitted to the electors of said district possessing the qualifications prescribed by this act, the question whether or not the expense shall be authorized, and whether by bond issue or otherwise. Notice of such election must be given by posting notices in three public places in each election precinct in said district at least four weeks before the date of said election, and the publication thereof for the same length of time in some newspaper published in the district, and in case no paper is published in the district then in a paper published in each county in which the district, or any part thereof, is located. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, and, in case such maps and estimates have been made, it shall further state that copies thereof are on file and open for public inspection by the people of the district, at the office of said board. But if contract is proposed to be made with the United States and bonds are not to be deposited with the United States in connection therewith, the question to be submitted at such special election is whether contracts shall be entered into with the United States.


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

ê1917 Statutes of Nevada, Page 267 (CHAPTER 150)ê

 

and bonds are not to be deposited with the United States in connection therewith, the question to be submitted at such special election is whether contracts shall be entered into with the United States. The notice of election in such case shall state the maximum amount of money proposed to be payable to the United States for construction purposes exclusive of penalties and interest. Said election must be held and the results thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. At such an election the ballot shall contain the words “………………….” (Question) “Yes,” or “………………….” (Question) “No,” or words equivalent thereto. If two-thirds of the votes cast are “Yes,” the board of directors shall be authorized to incur the expense, and if a bond issue be authorized, shall cause bonds in said amounts to be issued, and if a contract with the United States be authorized, the board shall negotiate and execute a contract calling for payment not exceeding the amount voted upon; if more than one-third of the votes cast at any bond election are “No,” the result of such election shall be so declared and entered of record. And whenever thereafter said board, in its judgment, deems it for the best interest of the district that the question of the issuance of bonds is said amounts, or any other amounts, shall be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit such questions to said electors in the same manner and with like effect as at such previous elections, but no question shall be resubmitted to the electors within one year after the same has been voted upon and rejected; provided further, that said elections may authorize the assessment of all lands in the district based upon benefits by the irrigation plan or scheme as herein provided, and provide for the payment of such assessments by annual payments or at such times as may seem fit, each tract of land assessed being liable for its proportion on the benefit basis and for no further amount.

      Sec. 11.  That section 24 of the above-entitled act, as amended by the aforesaid chapter 278 of the Statutes of Nevada of 1915, is hereby amended so as to read as follows:

      Section 24.  The bonds authorized by any vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series sold at any time shall be designated as an issue, and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows,

 

 

 

 

 

 

 

 

 

Ballot to contain question

 

 

 

 

 

 

 

 

 

 

 

 

Assessments may be based upon benefits

 

 

 

 

 

 

 

 

Issue of bonds, regulations concerning


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

ê1917 Statutes of Nevada, Page 268 (CHAPTER 150)ê

 

Proportion of bonds redeemable at various periods

 

 

 

 

 

 

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

Officers to keep record of bonds

 

 

 

Proviso

 

 

 

 

Taxes a prior lien

States as follows, to wit: At the expiration of eleven years from each issue, five per cent of the whole number of bonds of such issue; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; provided, that such percentages may be changed sufficiently so that every bond shall be in an amount of one hundred dollars, or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, next following the date of their authorization, and they shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the board of directors shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of the sale, the price received, and the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and work adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy of assessment therefor, in the manner hereinafter provided; provided further, that when the money provided by any previous issue of bonds has become exhausted by expenditures herein authorized therefor, and it becomes necessary to raise additional money for such purpose, additional bonds may be issued, submitting the question at a general election to the qualified voters of said district, otherwise complying with the provisions of this section in respect to an original issue of said bonds; provided also, the lien for taxes for the payment of interest and principal or of any bond issue, or for the payment of moneys to the United States under contract by the district, shall be a prior lien to that of any subsequent bond issue, or to that under any subsequent contract with the United States; provided further, that the time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed, if submitted to a vote,


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

ê1917 Statutes of Nevada, Page 269 (CHAPTER 150)ê

 

be otherwise determined and directed, if submitted to a vote, by the electors of said district at the election authorizing the said bonds; provided further, that the contract with the United States, if any, may provide for such installments and for repayment of the principal at such times as may be required by the federal laws and may be agreed upon between the board and the secretary of the interior and the bonds securing the payment of the same, if any be issued and deposited, may be in like terms and of such denominations as may be agreed upon.

      Sec. 12.  That section 25 of the above-entitled act shall be amended so as to read as follows:

      Section 25.  That prior to any election to authorize an issue of bonds, or a contract with the United States, as hereinbefore provided, the board of directors shall examine each tract or legal subdivision of land in the said district, and shall determine the benefits which will accrue to each of such tracts or subdivisions from the construction or purchase of such irrigation works; and the cost of such work shall be apportioned or distributed over such tracts or subdivisions of land in proportion to such benefits, and the amounts so apportioned or distributed to each of said tracts or subdivisions shall be and remain the basis for fixing the annual assessments levied against such tracts or subdivisions in carrying out the purposes of this act; provided, that if contract be made with the United States to provide for release of liens to the United States, the benefits apportioned to each tract of land shall be in proportion to the amount of the obligation to the United States released, as provided in section 13 hereof. And if any lands within such district shall not be released from any lien, then the benefits shall be apportioned and distributed in proportion to benefits accruing thereto in accordance with the federal acts of Congress, public notices and regulations and the contracts between the districts and the United States. And prior to such election such board of directors shall make, or cause to be made, a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land of such district and the amount and rate per acre of such apportionment or distribution of cost, and the name of the owner thereof; or they may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon; provided, that where all lands on any map or section of a map are assessed at the same rate a general statement to that effect shall be sufficient. Said list or map shall be made in duplicate, and one copy of each shall be filed in the office of the state engineer, and one copy shall remain in the office of said board of directors for public inspection, and at least thirty days prior to any such election the secretary of the district shall publish a notice in a newspaper published in the county where the office of the district is located, or if there be no such newspaper then in some newspaper in general circulation in such county, stating that the list or map showing such apportionment of benefits has been duly filed in the office of the district for public inspection, and shall file a copy of such list or map at each election precinct for the use of the election officers.

 

Proviso

 

 

 

 

 

 

 

Board to determine benefits and fix basis of annual assessments

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Directors to make list of apportionment


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

ê1917 Statutes of Nevada, Page 270 (CHAPTER 150)ê

 

Notice to be published

 

 

 

 

 

 

 

 

 

 

 

 

Petition to court for approval of proceedings

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

Court to examine proceedings and may ratify same

published in the county where the office of the district is located, or if there be no such newspaper then in some newspaper in general circulation in such county, stating that the list or map showing such apportionment of benefits has been duly filed in the office of the district for public inspection, and shall file a copy of such list or map at each election precinct for the use of the election officers. Whenever thereafter an assessment is made, either in lieu of bonds, or an annual assessment for raising the interest on bonds, or any portion of the principals, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands, in the same proportion as the assessment of benefits, and the whole amount of the assessment of benefits shall equal the amount of bonds or other obligations authorized at the election last above mentioned.

      Sec. 13.  Section 27 of the aforesaid act shall be amended so as to read as follows:

      Section 27.  The board of directors of the irrigation district shall file with the clerk of the district court in and for the county in which his office is situated a petition, praying in effect that the proceedings aforesaid may be examined, approved, and confirmed by the court. The petition shall state generally that the irrigation district was duly organized and the first board of directors elected, that due and lawful proceedings were taken to issue bonds in the amount to be stated, or that lawful proceedings were taken for the execution of a contract with the United States, as the case may be, and that said assessment, list and apportionment were duly made and a copy of said assessment, list and apportionment shall be attached to said petition, but the petition need not state other facts showing such proceedings; provided, that after the organization of the district is complete, a petition may be filed for the confirmation of the proceedings so far, or after the authorization of any issue of bonds, or after the execution of contract with the United States, such petition may be so filed, and where the procedure is by separate petitions for the confirmation of different portions of said proceedings, subsequent proceedings may be in the name of reopening of the same case, but shall not be considered as authorizing any rehearing of the matter theretofore heard and decided.

      Sec. 14.  That section 29 of the aforesaid act is hereby amended so as to read as follows:

      Section 29.  Upon the hearing of such special proceedings, the court shall examine all the proceedings set up in the petition, may ratify, approve, and confirm the same, or any part thereof, and in case of a petition to confirm said assessment, list, apportionment, and distribution, the courts shall hear all objections either filed in said proceedings or brought up in the hearing before the board of directors as aforesaid, and for that purpose any person desiring to be heard upon objections overruled by the board of directors,


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

ê1917 Statutes of Nevada, Page 271 (CHAPTER 150)ê

 

aforesaid, and for that purpose any person desiring to be heard upon objections overruled by the board of directors, shall state substance of such objections and the rulings of the board in his answer, and if the proceedings relate to the authorization of contract with the United States the court may examine the proceedings for the authorization thereof and the validity of such contract and may approve and confirm the same. The court shall disregard every error, irregularity, or omission which does not affect the substantial right of the party, and if the court shall find that said assessments, list, and apportionment are in any substantial matter erroneous or unjust, the same shall not be returned to said board, but the court proceed to correct the same so as to conform to this act, and the rights of all parties in the premises, and the final order or decree of the court may approve and confirm such proceedings in part; and in case the proceedings for organization of the district and the issue of bonds are approved, the court shall correct all the errors in the assessment, apportionment, and distribution of costs as above provided, and render the final decree approving and confirming all of the said proceedings. In case of the approval or the organization of the district and the disapproval of the proceedings for issuing bonds, the district shall have the right to institute further proceedings for the issuance of bonds de novo. The cost of the special proceedings may be allowed and apportioned among the parties thereto in the discretion of the court.

      Sec. 15.  That section 50 of the aforesaid act is hereby amended so as to read as follows:

      Section 50.  A guardian, executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who as such guardian, executor, or administrator is entitled to the possession of the lands, belonging to the estate which he represents, may, upon being thereinto authorized by the proper court, on behalf of his ward, or the estate which he represents, sign and acknowledge all petitions mentioned in this act, and the secretary of the interior or his duly authorized representative may on behalf of the United States sign a petition for the annexation of adjacent unentered public lands of the United States, but he shall not sign any petition for the organization of any district.

      Sec. 16.  The above-entitled act is hereby amended by adding a section (No. 71) as follows:

      Section 71.  A guardian, executor or administrator shall be considered as the owner of the land held by him as such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all other things that any person may or can do under this act. Corporations and copartnerships holding land in the district shall be considered as persons entitled to exercise all the right of natural persons,

 

 

 

 

 

Court shall disregard trivial errors

 

 

 

 

 

 

Final decree, when

 

 

 

 

 

 

 

Guardian or executor may act for ward or estate

 

 

 

 

 

 

 

 

Guardian or executor considered owner, when


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

ê1917 Statutes of Nevada, Page 272 (CHAPTER 150)ê

 

Corporations and copartnerships considered natural persons

persons, and the president of the corporation or other person duly authorized by the president or vice-president may sign any petition authorized by this act or cast the vote of the corporation at any district election.

 

________

 

CHAPTER 151

 

 

 

 

 

 

 

 

 

 

 

 

Definition of “wholesome,” “impure,” and “Pasteurized” butter or ice-cream

 

 

 

 

 

 

 

 

Records kept

 

 

 

 

Impure butter or ice-cream prohibited

Regulations regarding imported butter

Chap. 151–An Act regulating the sale or exchange, for human consumption, of butter and ice-cream; defining the same as “wholesome” or “impure”; making it unlawful to sell or exchange, or offer for sale or exchange, impure butter or ice-cream, and providing penalty therefor; providing for the inspection and determination of butter and ice-cream as “wholesome” or “impure” by the department of food and drug control, and for other purposes.

 

[Approved March 23, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purposes of this act butter and ice-cream shall be classified as “wholesome” or “impure.” Wholesome butter or ice-cream is hereby defined to be butter or ice-cream made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture, of such product or products, is conducted under sanitary conditions; and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or if not so certified, wherein such milk or cream has been pasteurized as hereinafter prescribed. “Impure” butter or ice-cream is hereby defined to be all butter or ice-cream other than that which is “wholesome” as above defined. “Pasteurized” milk or cream, within the meaning of this act, shall be construed to be milk or cream which has been pasteurized by the holding process at a temperature of not less than 140 degrees Fahrenheit for 25 minutes, or the continuous flash process at a continuous temperature of not less than 170 degrees Fahrenheit, and which has not thereafter been exposed to recontamination. Pasteurizing the plants shall be equipped with a self-registering device for record of the time and temperature of pasteurizing. Such record shall be kept for two months and be available for inspection by any health officer or person charged with the enforcement of this act.

      Sec. 2.  It shall be unlawful for any person, firm or corporation to sell or exchange, or offer or expose for sale or exchange for human consumption, any impure butter or ice-cream. Imported butter from states having similar laws, if made by creameries, dairies or farms recognized by the authorities of such states as manufacturing wholesome butter, and imported pasteurized butter from states not having similar laws, but the makers of which shall have satisfied the department of food and drug control that such butter conforms to the requirements of this act, shall be regarded as wholesome if offered for sale or exchange in this state.


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

ê1917 Statutes of Nevada, Page 273 (CHAPTER 151)ê

 

department of food and drug control that such butter conforms to the requirements of this act, shall be regarded as wholesome if offered for sale or exchange in this state. All other imported butter shall be deemed impure. Any person, firm or corporation violating the provisions of this section shall be deemed guilty, for the first offense, of a misdemeanor, and for any subsequent offense, of a gross misdemeanor, and upon conviction shall be punished as now provided by law for such offenses. From and after the date on which this section goes into effect all impure butter and ice-cream offered for sale or exchange, for human consumption, shall be subject to confiscation by the police authorities and destroyed.

      Sec. 3.  The inspection of butter and ice-cream under the provisions of this act, and the determination of the same as wholesome or impure, are hereby made duties of the department of food and drug control, public service division, University of Nevada, and which said department is hereby given all necessary authority and power for such inspection and determination and may employ such inspectors or agents therefor as may be needful within any appropriation for such purposes provided. On complaint by such department of the violation of section two of this act by any person, firm or corporation it shall be the duty of the district attorney of the county in which such violation is alleged to have occurred to institute criminal proceedings against the party or parties complained of and to prosecute the same in the proper courts.

      Sec. 4.  Such department of food and drug control is hereby authorized and empowered to make and enforce such reasonable rules and regulations, within the meaning and purposes of this act, as may be needful in its administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter or ice-cream; provided, that such last-mentioned rules and regulations shall first be approved by the director of the agricultural extension division, University of Nevada. Said department, prior to June 1 next after passage of this act, shall supply local dealers in butter and ice-cream with a list, classified as makers of wholesome or impure butter or ice-cream, of persons, firms and creameries commonly supplying butter and ice-cream for local consumption, and from time to time thereafter shall supply such dealers with additions to, or alterations in, such classifications.

      Sec. 5.  The provisions of this act shall not apply where the butter or ice-cream is retailed by the maker in quantities not exceeding two hundred and fifty pounds per month.

      Sec. 6.  Section two of this act shall take effect July 1, 1917; all other sections of this act shall take effect immediately upon its approval.

 

 

 

 

 

 

When confiscated

 

 

Inspection under food and drug division of University of Nevada

 

 

 

 

District attorney to prosecute, when

 

Food and drug control department to make and enforce regulations

 

 

 

 

 

 

 

 

 

Small dealers exempt

 

 

When in effect

 

________

 

 


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

ê1917 Statutes of Nevada, Page 274ê

CHAPTER 152

 

 

 

 

 

 

 

 

How deeds, etc., shall be acknowledged in foreign countries

 

 

 

 

What certificate shall contain

 

 

 

 

 

Form of certificate

 

 

 

 

 

 

 

 

 

Seal to validate

 

 

Present form legal

Chap. 152–An Act to make uniform the law of acknowledgments to deeds or other instruments taken outside the United States.

 

[Approved March 23, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  All deeds or other instruments requiring acknowledgment, if acknowledged without the United States, shall be acknowledged before an ambassador, minister, envoy or charge d’affaires of the United States, in the country to which he is accredited, or before one of the following officers commissioned or credited to act at the place where the acknowledgment is taken, and having an official seal, viz: Any consular officer of the United States; a notary public; or a commissioner or other agent of this state having power to take acknowledgements to deeds.

      Sec. 2.  Every certificate of acknowledgment made without the United States shall contain the name or names of the person or persons making the acknowledgment, the date when and place where made, a statement of the fact that the person or persons making the acknowledgment knew the contents of the instrument and acknowledged the same to be his, her or their act; the certificate shall also contain the name of the person before whom made, his official title, and be sealed with his official seal and may be substantially in the following form:

...................................  (Name of Country).

                                                 (Name of city, province or other political subdivision).

      Before the undersigned, ..……………….. (naming the officer and designating his official title), duly commissioned (or appointed) and qualified, this day personally appeared at place above named…………………(naming the person or persons acknowledging), who declared that he (she or they) knew the contents of the foregoing instrument, and acknowledged the same to be his (her or their) act.

      Witness my hand and official seal this………….….day of…………....., 19.....

                                        .......................................................  (Name of officer),

      (seal)                                      ............................................... (Official title).

      When the seal affixed shall contain the name of the official style of the officer, any error in stating, or failure to state otherwise the name or the official style of the officer, shall not render the certificate defective.

      Sec. 3.  A certificate of acknowledgment of a deed or other instrument acknowledged without the United States before any officer mentioned in section 1 shall also be valid if in the same form as now is or hereafter may be required by law, for an acknowledgment within this state.

 

________

 

 


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

ê1917 Statutes of Nevada, Page 275ê

CHAPTER 153

Chap. 153–An Act to authorize the board of county commissioners of the county of Humboldt, State of Nevada, to allow the appointment of a deputy or deputies by the county assessor of said county under certain circumstances and fixing their compensation.

 

[Approved March 23, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act the board of county commissioners of the county of Humboldt, State of Nevada, when said board shall deem it necessary, shall allow the county treasurer and the county assessor of said county to appoint a deputy or deputies for said office, who shall serve as long as said necessity shall continue, and said deputy or deputies shall be paid out of the general fund of said county at a rate of not to exceed one hundred and twenty-five ($125) per month.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

 

County treasurer and county assessor of Humboldt to have deputies

 

Salary limited $125 per month

Repeal

 

________

 

CHAPTER 154

Chap. 154–An Act fixing the compensation of the county commissioners of Humboldt County, Nevada, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 23, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the enactment hereof the county commissioner of Humboldt County, Nevada, residing at the county-seat of said county, shall receive as compensation for his services the sum of one thousand dollars per annum, and the other two county commissioners of Humboldt County, Nevada, shall each receive as compensation for their the sum of nine hundred dollars per annum.

      Sec. 2.  Each member of the board of county commissioners of Humboldt County, Nevada, shall receive in addition to such salary twenty cents per mile for each mile necessarily traveled in going to and returning from the county-seat to attend any session of such board; and shall receive his actual necessary expenses while actually engaged in inspecting public roads, public buildings and other public improvements and while otherwise actually and necessarily engaged in traveling from place to place in performing their official duties.

      Sec. 3.  Such salary, mileage and expense shall be paid monthly as salaries of other county officers are now paid.

 

 

 

 

 

 

 

 

Salary of county commissioners of Humboldt-$1,000 and $900

 

Mileage and necessary expenses, when

 

 

 

 

 

Payable monthly


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

ê1917 Statutes of Nevada, Page 276 (CHAPTER 154)ê

 

Compensation named covers all

Repeal

      Sec. 4.  Such compensation shall be in lieu of all other compensations now allowed by law to such county commissioners.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 155

 

 

 

 

 

 

 

 

Primary election law

 

Words and phrases defined and construed

Chap. 155–An Act regulating the nomination of candidates for public office in the State of Nevada.

 

[Approved March 23, 1917]

 

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

Assembly, do enact as follows:

 

      Section 1.  The words and phrases of this act shall, unless such construction be inconsistent with the context, be construed as follows:

      (a) The words “November election,” the regular general election for the election of state and county officers held on the first Tuesday after the first Monday in November of each even-numbered year.

      (b) The words “primary” and “primary election” shall mean the election on the first Tuesday of September at which candidates are nominated for the November election.

      (c) The words “judicial officers,” any justice of the supreme court, any judge of a district court, or any justice of the peace; and the words “judicial office,” the office filled by any judicial officer.

      (d) The words “school officer,” the state superintendent of public instruction, the regents of the University of Nevada, members of the county boards of education, school trustees, and high-school trustees, and the words “school office,” any office filled by any school officer.

      (e) The words “township officer,” the constable, and the words “township office,” any office filled by such officer.

      (f) The word “precinct” shall mean a district established under the law within which qualified electors vote at one polling place.

      (g) A political party is an organization of voters qualified to participate in a primary election in either of the two following ways:

      First-Any organization of electors which, under a common name or designation at the last preceding November election, polled for any of its candidates equivalent of three per cent of the total vote cast of representative in Congress.

      Second-Any organization of electors which, under a common name or designation, shall file a petition signed by qualified electors equal in number to at least three per cent of the entire vote cast at the last preceding November election for representative in Congress declaring that they represent a political party or principle, the name of which shall be stated, and that they desire to participate and nominate officers by primary. Said petition may also contain the platform of the party and shall be filed at least sixty days prior to the day of the primary.


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

ê1917 Statutes of Nevada, Page 277 (CHAPTER 155)ê

 

platform of the party and shall be filed at least sixty days prior to the day of the primary. The names of the electors so petitioning need not all be on one petition, but may be in one or more petitions; but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.

      (h) This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof.

      Sec. 2.  All candidates for elective public office shall be nominated as follows:

      (1) Candidates of a political party as defined by the preceding section shall be nominated at the primary election held in accordance with the provisions of this act.

      (2) All other candidates for public office shall be nominated as hereinafter in this act provided.

      This act shall not apply to special elections to fill vacancies, nor to the nomination of the officers of incorporated cities, nor to the nomination of officers for reclamation and irrigation districts; nor shall it be construed as restricting or affecting the rights of political parties to hold, under existing laws, which are hereby continued in force for all such purposes, primaries and conventions for the selection of delegates to national conventions.

      Sec. 3.  The September primary election shall be held in each precinct on the first Tuesday in September for the nomination of all party candidates to be voted for at the ensuing November election.

      Sec. 4.  All judicial offices and all school offices are hereby designated as nonpartisan offices, and the names of candidates for nonpartisan offices shall appear alike on the ballots of each political party without any party designation or party name thereafter.

      (1) At least sixty days before the time for holding the September primary election in 1918, and biennially thereafter, the secretary of state shall prepare and transmit to each county clerk a notice in writing designating the offices for which candidates are to be nominated at such primary election.

      (2) Within ten days after receipt of such notice such county clerk shall publish so much thereof as may be applicable to his county, once in a newspaper published in such county.

      Sec. 5.  The name of no candidate shall be printed on an official ballot to be used at a primary election, unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.

 

 

 

 

 

Act to be liberally construed

 

 

 

How candidates are nominated

 

 

Act does not apply to elections to fill vacancies, or to incorporated cities, or delegates to national conventions

September primary election

 

Nonpartisan offices

 

 

 

Secretary of state to send list to county clerks

 

Clerk to publish notice

 

 

Candidate must file declaration of candidacy


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

ê1917 Statutes of Nevada, Page 278 (CHAPTER 155)ê

 

 

 

 

 

Form of declaration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nonpartisan candidates

 

 

 

Ten qualified electors may file designation of nomination of any elector

      (a) Every candidate for nomination for any elective office not less than thirty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:

 

Nomination Paper of………...………….., for the Office of………...……………

 

State of Nevada

County of...........................

}

 

ss.

      For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the…………………. party as its candidate for the office of…………………….., I, the undersigned…………………, do solemnly swear (or affirm) that I reside at No.………., ……………street, in the city of (or town) of…………………., County of……………….., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the…………………party; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state, and I voted for a majority of the candidates of such party at the last general election (or did not vote at such general election, giving reasons); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said………………… party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.

             ………………….. (Signature of candidate for office.)

      Subscribed and sworn to this……..day of………., 19….. …………………..Notary public (or other officer authorized to administer an oath). Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidates shall be printed on the ballots of all parties under the heading of “nonpartisan candidates” for the respective offices.

      (b) Ten qualified electors may, not more than sixty nor less than forty days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed it shall be the duty of the officer in whose office it is filed, to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than thirty-five days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy.


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

ê1917 Statutes of Nevada, Page 279 (CHAPTER 155)ê

 

candidacy. If any such designation of nomination shall relate to a judicial or school office to may be signed by electors of any or all parties, but if it shall relate to any other office the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.

      Sec. 6.  The declaration of candidacy, the designation of nomination and the acceptance of nominations shall be filed as follows:

      First-For United State senate, representative in Congress, state offices, and all other offices whose districts comprise more than one county, with the secretary of state.

      Second-For district offices voted for wholly within one county, state senators, assemblymen, county, and township officers, with the county clerk.

      Sec. 7.  Any candidate filing a nomination paper as provided in section 5 shall pay to the filing officer a fee for such filing as follows:

      If a candidate for nomination for any state office, or representative or United States senator in Congress, one hundred dollars.

      If a candidate for any district office, fifty dollars.

      If a candidate for any county office, twenty-five dollars.

      If a candidate for state senator, twenty-five dollars.

      If a candidate for assemblyman, twelve dollars and fifty cents.

      If a candidate for justice of the peace, constable or other town or township office, ten dollars.

      No filing fee shall be required from a candidate for an office the holder of which receives no compensation.

      Sec. 8.  The county clerk shall immediately pay to the county treasurer all fees received from candidates. Immediately after the last day for filing nomination papers the secretary of state shall pay to the state treasurer all fees received from candidates, and shall apportion the fees paid to him by each candidate equally among the counties within which such candidate is to be voted for and certify such apportionment to the state controller, who shall issue warrants on the state treasurer for the amount due each county, and the state treasurer shall pay the same.

      Sec. 9.  The expense of providing all ballots, blanks, and other supplies to be used at any primary election provided for by this act, all expenses necessarily incurred in the preparation for or the conduct of such primary election, shall be paid out the treasury of the county or state, as the case may be, in the same manner, with like effect, and by the same officers as in the case of an election.

      Sec. 10.  At least thirty days before any September primary election preceding a November election the secretary of state shall transmit to each county clerk of any county a certified list containing the names and postoffice address of each person for whom nomination papers have been filed in the office of such secretary of state,

Regulations

 

 

 

 

Where papers must be filed

State offices

 

 

County offices

 

Fees for filing

 

 

 

 

 

 

 

 

 

No fee for office without salary

 

Disposition of filing fees

 

 

 

 

All primary expenses a public charge


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

ê1917 Statutes of Nevada, Page 280 (CHAPTER 155)ê

 

Secretary of state to notify county clerks regarding primary candidates

 

 

Notice of primary election by county clerks

 

Form of notice

 

 

 

 

 

 

 

Polling places to be named in cities

 

 

Notice to registry agents

 

 

 

 

Notice must be published in newspaper

 

 

Separate ballots for each party and nonpartisan candidates on paper furnished by secretary of state

certified list containing the names and postoffice address of each person for whom nomination papers have been filed in the office of such secretary of state, and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and of the party or principles he represents; provided, that there shall be no party designation for candidates for judicial or school offices.

      Sec. 11.  Immediately upon receipt by the county clerk of the certified list of nominees from the secretary of state, as provided in the preceding section, the county clerk shall forthwith publish a notice of primary election, which notice shall be, in substance, as follows:

      Notice is hereby given that on the first Tuesday, the………. day of September next, party primaries of the………………… parties will be held for the nomination of party candidates of said parties for the following offices: (Naming the offices). At the same time and in the same primary nominations will be made of nonpartisan, judicial and school officers as follows: (Naming the offices). The polls will open at 8 a. m. and continue open until 6 p. m. of the same day. The polling place (or places) is………………… (Description and location of polling place.)

                                ………………………, County Clerk.

      The foregoing notice shall name only the political parties in which there is a contest for nomination, and shall designate only the polling place for the respective precincts; provided, that in towns or cities which have more than one polling place the notice shall show the location and description of each.

      The county clerk shall forward to each registry agent within the county three written or printed notices for each precinct or voting district, and it shall be the duty of the respective registry agents to whom such notices shall be delivered to post the same in three of the most public places in each precinct or voting district at least fifteen days prior to the date of the primary.

      Said county clerk shall cause a notice in similar form and substance, eliminating his descriptions of the polling places, to be published in a newspaper of general circulation, published in the county, once a week for two successive weeks prior to said primary.

      Sec. 12.  All voting at primaries shall be by ballot. A separate official ballot for each party and for nonpartisan voters shall be printed and provided for use in each precinct, but such ballots must be alike in the designation of nonpartisan candidates. It shall be the duty of the county clerk of each county to provide such official printed ballots to be used in the primary. Such official ballots shall be printed on official paper furnished by the secretary of state in the manner provided in the general election laws. The names of all candidates who have filed the prescribed declarations or acceptance of candidacy, shall be printed thereon.


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

ê1917 Statutes of Nevada, Page 281 (CHAPTER 155)ê

 

candidates who have filed the prescribed declarations or acceptance of candidacy, shall be printed thereon.

      (a) Official primary ballots shall be not less than twelve inches wide, and enough wider to conform to the requirements of the following provisions of this section, and as long as the herein prescribed captions, headings, party designations, directions to voters, and lists of names of candidates, properly subdivided according to the several offices to be filled, may require.

      (b) Across the top of the ballot shall be printed in black-faced capital type, not smaller than forty-eight point, the words: “Official Primary Ballot.” Beneath this shall be printed in not smaller than eighteen-point type the name of the party, or “Nonpartisan Ballot,” and beneath this the name of the county and precinct, wherein such ballot is to be used, together with the date of such primary.

      (c) At least three-eighths of an inch below the name of the county and precinct, as aforesaid, and the date of the primary, shall be printed in ten-point black-face type, double-leaded, the following: “Instructions to Voters: To vote for a candidate make a cross (X) in the square at the right of the name of the person for whom you desire to vote.”

      (d) The “Instructions to Voters” shall be separated from the lists of candidates and the designation of the several offices for which nominations are to be made by one light and heavy line or rule.

      (e) The names of the candidates shall be grouped according to the office for which they are candidates and the names in each group shall be placed with the surnames first and arranged alphabetically and each group shall be preceded by the designation of the office for which the candidates seek nomination, and the words “Vote for one” or “Vote for two” or more, according to the number to be nominated. Such designation of the offices for which nominations are to be made and of the number of candidates to be nominated shall be printed in heavy-faced type, not smaller than eight-point. The word or words designating the office shall be printed flush with the left-hand margin, and the words “Vote for one” or “Vote for two” or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the directions for voting shall be separated from the names of the candidates by a light line.

      (f) The names of the candidates shall appear on the ballot in heavy-faced capital type not smaller than eight-point, between lines or rules three eighths of an inch apart. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting space at least three-eighths of an inch on each side.

      Each group of names of candidates shall be separated from the succeeding group by one light and one heavy line or rule.

 

 

Size of ballots prescribed

 

 

 

Specifications as to type, etc.

 

 

 

Vote marked in square

 

 

 

 

 

 

 

Names of candidates, how grouped; surnames first

 

 

 

 

 

 

 

 

 

Names in type not smaller than 8-point


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

ê1917 Statutes of Nevada, Page 282 (CHAPTER 155)ê

 

Voters to receive no ballot other than their own party ballot

 

Nonpartisan ballots

 

 

No name printed where there is no contest

 

County clerk to determine size and shape of ballot

 

 

 

Nonpartisan primary ballot

 

 

Sample ballots: may be smaller in dimension

 

 

 

County clerk to mail sample ballots; to post in his office

 

 

 

 

County clerk to have ballots printed

      (g) All voting at the primary under the laws of this state shall be by ballot and the respective tickets of all political parties shall be printed on separate ballots, and the election officers shall not deliver any ballot to any elector other than the ballot containing the ticket of the party to which he belongs, as shown by the register; provided, that ballots showing names of nonpartisan candidates only, shall be furnished to voters who have registered for the primary without declaring any party affiliations.

      (h) Where there is no party contest for any office the name of the candidate for party nomination shall be omitted from the ballot and shall be certified by the proper officer as a nominee of his party for such office.

      (i) The county clerk shall determine the size and shape of the ballot in such a way as to conform to the provisions of this act, using two, three, four, or five columns as shall be most convenient. Party ballots shall have an extra heavy black vertical line between the column or columns on the left in which the names of candidates for party offices are printed and the column or columns on the right in which the names of candidates for nonpartisan offices are printed.

      (j) In addition to the party ballots provided for in this section, the county clerk shall prepare and have printed a “Nonpartisan Primary Ballot,” which shall be the same, except as to size thereof, as the other official primary ballots; provided, that the names of all party candidates shall be omitted therefrom.

      Sec. 13.  Not less than twenty-five days before the September primary each county clerk shall prepare sample ballots for such primary which sample ballots may be smaller in dimensions, but shall be otherwise exact copies of the official ballot to be used at the primary. Such sample ballots shall be conspicuously marked with the words “Sample Ballot.”

      Such county clerk shall forthwith mail five copies of said sample ballot to each candidate who has filed with him a declaration or acceptance of candidacy and one copy to each candidate whose name has been certified to him by the secretary of state, to the postoffice address as given in such declaration, acceptance or certificate, and shall post a copy of said sample ballot in a conspicuous place in his office, and shall mail to each registry agent one sample ballot for every four registered voters in such precinct.

      On the fifteenth day before any primary the county clerk shall correct any errors or omissions in the official ballot and shall cause the same to be printed as provided in this act and shall cause the same to be furnished to the various precinct election officers in the manner provided by law for the distribution of ballots for the November election; provided, that the number of ballots furnished to each precinct shall be for each political party a number in the proportion of one hundred and ten ballots for each one hundred electors registered in such party;


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ê1917 Statutes of Nevada, Page 283 (CHAPTER 155)ê

 

of one hundred and ten ballots for each one hundred electors registered in such party; and the same ratio of nonpartisan ballots for electors who have registered for the primary without designating any party affiliation; and provided further, that he shall furnish to each precinct for each party and the nonpartisan voters a number of ballots greater by five than the number of voters registered in each class in the precinct. He shall also furnish to the election officers of each precinct sample ballots of each class, equal in number to one-fourth of the official ballots.

      Sec. 14.  The officers of primary elections shall be the same as provided by law for general elections, and such officers shall receive the same compensation for their services at primary elections as provided by law for general elections. It shall be the duty of the proper officers to furnish certified copies of the official register, together with the check-list for the election district, to one of the inspectors of election as now provided by law.

      Sec. 15.  That the qualifications and regulations of voters at primary elections shall be subject to the same tests and governed by the same provisions of law and rules and regulations as are now prescribed by law for other elections, and the same officers who prepare and furnish registers for general elections shall prepare and furnish them for use at primary elections, and it shall be the duty of the proper officers to furnish a certified copy of the register for use at primary elections, which said register shall show the names of all voters entitled to vote at such elections. Said register shall be made by taking the names of all voters on the register on the fifteenth day preceding the primary election. Said registry agent shall be paid ten cents per name for certified copies of the register for use at the primary election.

      Sec. 16.  Any elector desiring to vote at any primary election shall give his name and address to the ballot clerk who shall immediately announce the same, but no ballot shall be delivered to any elector except such as has the right to vote as herein provided; such elector’s right to vote may be challenged by any elector upon any of the grounds now allowed by law for a challenge of a right to vote at any general election, and upon the additional grounds that such elector has not registered, or his name does not appear upon the register as required by law, or that he does not belong to the political party designated upon the register, or that the register does not show that he designated his politics or the political party to which he belongs. All challenges shall be disposed of in the same manner as provided by law for general elections. The voter shall be instructed, if necessary, by a member of the board as to the proper method of marking and folding his ballots and he shall then retire to an unoccupied booth and without delay stamp the same with a rubber stamp provided for that purpose. If he shall spoil or deface a ballot he shall at once return the same to the ballot clerk, who shall cancel the same and deliver to him another ballot.

Number proportioned to voters registered

 

 

 

Sample ballots for each precinct

Officers at primary same as general election; same compensation

 

 

General election laws to govern

 

 

 

 

 

 

10 cents per name for registry agent

Mode of voting at primary election

 

Challenge

 

 

 

 

 

 

 

 

Voter to use rubber stamp


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Elector must specify party affiliation; exception

 

 

Ballot to be stamped in square

 

 

 

 

Technical error not to invalidate ballot

 

Ballot shall be folded

 

 

 

Polls open from 8 a. m. to 6 p. m.

 

 

 

 

Canvass of votes

he shall at once return the same to the ballot clerk, who shall cancel the same and deliver to him another ballot.

      No elector shall be entitled to vote a party ballot at primary elections unless he has theretofore designated to the registry agents his politics or political party to which he belongs and has caused the same to be entered upon the register by such registry agents; provided, however, that no elector shall be denied the right to vote a nonpartisan ballot for judicial and school offices at such primaries.

      Sec. 17.  The voter shall designate his choice on the ballot of candidates of his party by stamping a cross (X) in the small square opposite the name of each candidate for whom he desires to vote. If he shall stamp more names than there are candidates to be nominated for any office, or if for any reason it is impossible to determine his choice for any office, his ballot shall not be counted for such office, but the rest of his ballot, if properly stamped, shall be counted.

      No ballot shall be rejected for any technical error which does not render it impossible to determine the voter’s choice for candidates, nor even though such ballot be somewhat soiled or defaced.

      Sec. 18.  When a voter has stamped his ballot he shall fold it so that its face shall be concealed, and hand the same to a member of the board in charge of the ballot-box. Such folded ballot shall be placed in the ballot-box in the presence of the voter, and the name of the voter checked upon the register as having voted.

      Sec. 19.  The polls shall open at 8 a. m. and close at 6 p. m., and no adjournment or intermission whatever shall take place until the polls shall be closed and until all the votes cast at such polls shall be counted and the result publicly announced, but this shall not be deemed to prevent any temporary recess while taking meals or for the purpose of other necessary delay; provided, that no more than two members of the board shall at any time be absent from the polling-place.

      Sec. 20.  As soon as the polls are finally closed the judges must immediately proceed to canvass the votes cast at such primary election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed, and the result thereof declared. Except as hereinafter provided, the canvass shall be conducted, completed and returned as provided by law.

      The number of ballots agreeing or being made to agree with the number of names on the lists, as now provided by law, the board must take the ballots from the box and count all the votes cast for each candidate for the several offices and record the same in duplicate tally-book.

      Sec. 21.  As soon as the returns from all the precincts in any county have been received, the board of county commissioners shall meet forthwith and proceed to canvass returns, but such meeting shall be held not later than the tenth day following such primary.


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sioners shall meet forthwith and proceed to canvass returns, but such meeting shall be held not later than the tenth day following such primary. The canvass, when begun, shall continue until completed.

      The clerk of the board must, as soon as the result is declared, enter upon the records of such board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party, and for each candidate for a nonpartisan office.

      The secretary of state shall, not later than twenty days after any primary, compile the returns for all candidates voted for in more than one county, and for all candidates for the assembly, state senate, representative in Congress, United States senate, and judicial offices, except justices of the peace, and shall make out and file in his office a statement thereof.

      Sec. 22.  The party candidate who receives the highest vote at the primary shall be declared to be the nominee of his party for the November election. In the case of an office to which two or more candidates are to be elected at the November election, those party candidates equal in number to positions to be filled who receive the highest number of votes at the primary shall be declared the nominees of their party.

      In the case of a nonpartisan office to which only one person can be elected at the November election, the two candidates receiving the highest number of votes shall be declared to be the nonpartisan nominees.

      In the case of a nonpartisan office to which two or more persons may be elected at the November election, those candidates equal in number to twice the number of positions to be filled, who receive the highest number of votes shall be declared to be the nonpartisan n