[Rev. 8/25/2020 1:18:54 PM]

Link to Page 150

 

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κ1911 Statutes of Nevada, Page 151 (CHAPTER 132)κ

 

increased or fixed by the board of commissioners while he was a member thereof. Nor shall any member of the board of commissioners of the city of Las Vegas be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Las Vegas are, or may be, involved; nor shall any member of the board of commissioners of the city of Las Vegas be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such commissioner become the surety of any person or any bond or other obligation of the city of Las Vegas. Any member of the board of commissioners of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of commissioners, or, if they shall fail to remove said member of the board of commissioners, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Clark County in such proceedings as are appropriate and proper.

      Sec. 12.  Officers, Elective-Removal of-Investigation.  The board of commissioners shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, or when information otherwise comes to the knowledge of any of the commissioners against any such officer for any or all of the offenses named or provided for above, it shall be his duty or their duty to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of the said board, and the witnesses for and against the accused to be present and the said board of commissioners shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine said charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before said board. The accused shall have the right to be heard in person or by counsel, and said board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all the members of said board vote to sustain either of the charges against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant.

Officers subject to certain restrictions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers, how removed

 

 

 

 

 

 

 

 

 

 

 

 

Investigation, when


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κ1911 Statutes of Nevada, Page 152 (CHAPTER 132)κ

 

 

 

 

 

 

 

Recall of officer; procedure

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Election of successor

either of the charges against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly.

      Sec. 13.  Recall of Officer-Procedure-Election of Successor.  The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election of a successor of the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the commissioners shall allow him extra help for that purpose, and he shall attach to said petition a certificate showing the result of said examination. If by the clerk’s certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall within ten days after such amendment, make like examination of the amended petition and if his certificate shall show same to be insufficient, it shall be returned to the person filing the same without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient, the clerk shall submit the same to the commissioners without delay. If the petition shall be found to be sufficient, the city commission shall order and fix a date for holding the said election not less than thirty nor more than forty days from the date of the clerk’s certificate to the commission that a sufficient petition is filed. The city commission shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects, as are other city elections. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself and unless he requests otherwise, in writing, the clerk shall place his name on the official ballot without nomination.


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κ1911 Statutes of Nevada, Page 153 (CHAPTER 132)κ

 

he requests otherwise, in writing, the clerk shall place his name on the official ballot without nomination. In any such removal election, the candidate receiving the highest number of votes shall be elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall then be vacant. If the incumbent receives the highest number of votes, he shall continue in office.

      Sec. 14.  Vacancy in Office-Resignation-Election of Successors.  Resignation by the mayor or any commissioner elected under this act, or any other charter officer created by this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner or any other charter officer from the territory limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any commissioner, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board of commissioners.

      Sec. 15.  Oaths-Who May Administer.  Each commissioner and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 16.  Board of Commissioners-Powers-Commissioners of Several Departments-Duties of-Designation of Mayor, Change of. Said board of commissioners so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the commissioners, at the first meeting of the board after their election and qualification, at each election, or as soon thereafter as may be practicable, one commissioner who shall be known as police and fire commissioner who shall be the executive officer of his department and who shall have under his special charge the enforcement of all police regulations of said city and general supervision over the fire department thereof; who shall have the power to employ policemen and firemen, and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said departments that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, on any rule or regulation put in force by the board of commissioners; and one commissioner to be known as commissioner of streets and public property who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds, and property clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends, and one commissioner to be known as the water works, sewerage and light commissioner, who shall be the executive officer of his department, and who shall see to the enforcement of all rules and regulations with respect to said departments, and shall see that all contracts with reference thereto are faithfully complied with, and that the conditions of the grant of any franchise privileges are faithfully complied with, and performed; and one commissioner known as the commissioner of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each commissioner in control of a department with its management and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any commissioner to recall the appointment of such commissioner and designate another commissioner as the commissioner of such department, and to designate the commissioner so removed commissioner over another department.

 

 

 

 

 

 

 

 

Vacancies, how filled

 

 

 

 

 

 

 

 

Oaths, who may administer

 

Commissioners of city departments designated by mayor

 

 

 

 

 

 

 

 

 

 

 

 

Proviso


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κ1911 Statutes of Nevada, Page 154 (CHAPTER 132)κ

 

 

 

 

 

 

 

Various commissioners of departments

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

Mayor’s powers and duties

 

 

 

 

 

 

 

 

Proviso

known as commissioner of streets and public property who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds, and property clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends, and one commissioner to be known as the water works, sewerage and light commissioner, who shall be the executive officer of his department, and who shall see to the enforcement of all rules and regulations with respect to said departments, and shall see that all contracts with reference thereto are faithfully complied with, and that the conditions of the grant of any franchise privileges are faithfully complied with, and performed; and one commissioner known as the commissioner of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each commissioner in control of a department with its management and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any commissioner to recall the appointment of such commissioner and designate another commissioner as the commissioner of such department, and to designate the commissioner so removed commissioner over another department.

      Sec. 17.  Mayor-Powers and Duties.  The mayor shall be the chief executive officer of the city of Las Vegas, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of commissioners, as are conferred by the provisions of this act, as may be conferred upon him by the board of commissioners, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the commissioners of the city or other charter officer except by acting in concert with the other members of the board of commissioners when present and may vote on all questions the same as other commissioners.


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κ1911 Statutes of Nevada, Page 155 (CHAPTER 132)κ

 

      Sec. 18.  Claims and Accounts-Warrants, How Issued-Financial Statements, Publication of.  The commissioner named as the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another commissioner to act in his stead during his absence, or to audit such claims or accounts as said commissioner shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of commissioners and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said board of commissioners shall require a statement to be published or cause to be posted as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.

      Sec. 19.  Board of Commissioners-Meetings-Special Meetings-Quorum.  The board of commissioners created by this act shall meet at least once a month in regular meeting at such time as shall be fixed by said board at the city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them. Three commissioners or the mayor and two commissioners of said board shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent commissioner unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board; provided, that no bonds, may be issued, nor taxes levied except at a regular meeting attended by at least three commissioners and the mayor or by four commissioners without the mayor. Special meetings may be called by the mayor of the board or by any two members thereof at any time to consider only such matters as shall be mentioned in the call of said meeting, and written notice thereof shall be given to each member of said board; all official sessions of said board, whether regular or called shall be open to the public.

      Sec. 20.  Ordinances-Power to Enact-How Enacted-Style Of.  The board of commissioners of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state, touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: “Be it ordained by the Board of Commissioners of the City of Las Vegas,” but such caption may be omitted when said ordinances are published in book form or are revised and digested under order of the board.

Claims, accounts and financial statements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings of commissioners at least once a month

 

 

Quorum

 

 

 

Proviso

 

 

Special meetings, when

 

 

Ordinances

 

 

 

Enacting clause


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κ1911 Statutes of Nevada, Page 156 (CHAPTER 132)κ

 

 

 

 

Rules of procedure

 

Impeachment, when

 

 

 

 

 

Election of mayor, term of

 

Mayor pro tem

 

 

 

Duties of mayor pro tem

 

 

 

 

 

When mayor pro tem becomes mayor

 

 

 

Commissioners to investigate departments

 

 

 

In contempt, when

City of Las Vegas,” but such caption may be omitted when said ordinances are published in book form or are revised and digested under order of the board.

      Sec. 21.  Board of Commissioners-Procedure-Impeachment.  The board of commissioners shall determine its own rules of procedure in so far as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of commissioners who shall have been convicted of bribery or any other felony, or who shall violate any other provision of this act, shall forfeit his office and emoluments attached thereto.

      Sec. 22.  Mayor Pro Tem-Election and Term of Office.  At the first regular meeting of the board of commissioners after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as mayor pro tem, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the commissioners, but he shall receive no extra pay by reason of being or acting mayor pro tem.

      Sec. 23.  Mayor Pro Tem-Duties-Procedure in Absence of Mayor and Mayor Pro Tem.  If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the mayor pro tem shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case the absence of both the mayor and the mayor pro tem, the remaining commissioners shall elect one of their number to act instead of the mayor or mayor pro tem.

      Sec. 24.  Mayor Pro Tem-Duties-Title-When to Serve as Mayor.  In case of the death, resignation or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the mayor pro tem shall act as mayor and possess all the rights and the powers of the mayor, and perform all of his duties under the official title, however, of mayor pro tem, until the next municipal election.

      Sec. 25.  Board of Commissioners-Investigations by-Contempt-False Swearing.  The mayor and the board of commissioners may, and it shall be their duty, at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure to appear by any one when served by a notice to do so, shall be contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Wilful, false swearing in such investigations and examination shall be perjury and punishable as such.


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κ1911 Statutes of Nevada, Page 157 (CHAPTER 132)κ

 

false swearing in such investigations and examination shall be perjury and punishable as such.

      Sec. 26.  Officers, Subordinate-Duties Restricted and Altered-Bonds.  The board of commissioners shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of Las Vegas in such amount and form as the board of commissioners may provide with good and sufficient sureties, to be approved by the board of commissioners, conditioned for the faithful discharge of their respective duties. The board of commissioners shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the board of commissioners insufficient.

      Sec. 27.  Police-Duties.  For the preservation of the peace, the police and watchmen shall have all the powers given by law to constables. It shall be their duty to suppress all riots, disturbance and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the commissioners, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the commissioners for the good government of the city.

      Sec. 28.  Municipal Court.  There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled “In the Municipal Court of the City of Las Vegas.”

      Sec. 29.  The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter.

Perjury, when

 

Commissioners to prescribe duties and powers of subordinate officers

 

 

 

 

 

 

 

 

Police, duties of

 

 

 

 

 

 

 

 

 

 

Municipal court

 

 

Police judge, qualifications

 

 

 

Concurrent jurisdiction with justice courts

 

Proviso


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κ1911 Statutes of Nevada, Page 158 (CHAPTER 132)κ

 

 

 

 

 

Fines, regulations regarding

 

 

 

 

 

 

 

Municipal court, jurisdiction in various cases

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

Jurisdiction of offenses against peace of city

try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

      Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts.

      The said court shall have jurisdiction of the following offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobious conduct, and of all offenses under ordinances of the city.


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κ1911 Statutes of Nevada, Page 159 (CHAPTER 132)κ

 

all disorderly, offensive or opprobious conduct, and of all offenses under ordinances of the city.

      The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.

      The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.

      In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county on the written request of the mayor, may act in the place and stead of such justice of the peace, and the commissioners shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.

      Appeals to the district court may be taken from any final judgment of said municipal court, in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be.

      All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.

      Sec. 30.  The style of ordinances shall be as follows: “The Board of Commissioners of the City of Las Vegas do ordain.” Ordinances when first proposed shall be read aloud in full to the board of commissioners and final action thereon shall be deferred until the next regular meeting of the said board, except that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose.

      All ordinances shall be signed by the mayor and attested by the city clerk and be published in full together with the names of the commissioners voting for or against their passage in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary.

 

 

Treated as justice court

 

 

 

 

Docket to be kept

 

 

 

 

 

Judge disqualified to act, when

 

 

 

 

 

 

Appeals, how taken

 

 

Warrants

 

Enacting clause of ordinances

 

 

 

 

Signed by mayor


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κ1911 Statutes of Nevada, Page 160 (CHAPTER 132)κ

 

What constitutes publication of ordinances

 

 

 

 

 

 

Powers of board of commissioners

revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publishment by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of commissioners they shall be so received.

      Sec. 31.  The said board of commissioners shall have the following powers: To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

      3.  To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, not warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness in excess of 2 per cent of said assessed valuation, and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have the power to acquire or establish any public utility only in the manner herein provided.


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κ1911 Statutes of Nevada, Page 161 (CHAPTER 132)κ

 

herein provided. The board shall enact an ordinance which shall set forth fully and in detail the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such ordinance shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city. At the first regular meeting of the board, or any adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition shall be presented to it signed by not less than 20 per cent of the qualified electors of the said city, as shown by the last preceding registration list, and representing not less than 10 per cent of the taxable property of said city, as shown by the last preceding tax list or assessment roll, provide for a special election upon the question of whether or not the proposed ordinance shall be passed, thereupon, no such ordinance shall be enacted or be valid or effective for any purpose whatsoever unless at the special election called and held for the purpose, the majority of the votes cast are for the ordinance.

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose or constructing sewerage systems within the said city and waste mains therefrom, said board is hereby authorized to issue bonds therefor not to exceed the sum of sixty thousand dollars; which bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than six per cent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.” Before issuing the said bonds, the said board shall publish a notice for at least three consecutive weeks in some daily newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. If there be no daily newspaper published in this city, the said notice shall be posted in at least three conspicuous places within the limits thereof for the same length of time, and in addition thereto published in a weekly newspaper of said city for the period aforesaid. Notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system.

Powers of board of commissioners


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

κ1911 Statutes of Nevada, Page 162 (CHAPTER 132)κ

 

Powers of board of commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County road fund to be apportioned

time and manner of their payment, and that they are for the construction of a sewerage system. The board shall cause a sufficient number of ballots to be printed which shall bear the words: “Sewerage Bonds-Yes” and “Sewerage Bonds-No” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes” if opposed to the bonds, and the word “No” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections. If a majority of the votes cast are in favor of the issuance of the bonds the board of said commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issue within thirty years from the date of issue. The said board shall provide for the payment of the said bonds and the interest thereon at the time of the regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such a rate as will redeem all of the bonds within thirty years from the date of their issue; in which case the thirty years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act, shall be so constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.

      6.  To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of refunding of the same.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and terms and manner of their issuance.

      Sec. 32.  County Commissioners to Apportion Road Fund.  The board of county commissioners of Clark County shall, from time to time, upon the request of the city board of commissioners, apportion the city such proportion of the Las Vegas road district fund of the county of Clark as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property within the Las Vegas road district, inclusive of the property within the city, and all moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the city board of commissioners.


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

κ1911 Statutes of Nevada, Page 163 (CHAPTER 132)κ

 

by the assessment roll, shall bear to the whole property within the Las Vegas road district, inclusive of the property within the city, and all moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the city board of commissioners.

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or part within the city, including all theaters, theatrical or melodeon performances and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise.

      To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, monthly and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession.

 

 

 

 

City licenses to be imposed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To fix and collect license on various kinds of business


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

κ1911 Statutes of Nevada, Page 164 (CHAPTER 132)κ

 

To fix and collect licenses on various kinds of business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dog tax

paper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, monthly and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession.

      11.  To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.


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

κ1911 Statutes of Nevada, Page 165 (CHAPTER 132)κ

 

regulate, prohibit or suppress runners for hotels, taverns or other businesses.

      12.  To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs and gutters.

      17.  To name streets, avenues or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sales upon the streets, and sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same, free from snow and other obstructions.

      20.  To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.

      21.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.

      22.  To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.

      25.  To regulate or prohibit any public demonstrations and processions.

      26.  To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.

      27.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.

 

To open streets

 

 

 

 

Further powers of board of commissioners


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

κ1911 Statutes of Nevada, Page 166 (CHAPTER 132)κ

 

 

Further powers of board of commissioners

passing in the streets, or on the sidewalks, or to frighten teams or horses.

      28.  To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.

      29.  To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

      30.  To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad or tramway in any street, avenue, alley or public place; and to grant franchises to persons or corporations to lay, maintain and operate, in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.

      31.  To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.

      32.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues and public places, and keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.

      34.  To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.

      35.  To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.

      36.  To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.

      37.  To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.


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

κ1911 Statutes of Nevada, Page 167 (CHAPTER 132)κ

 

natural gas and electric and other lights and electric power, and to regulate the inspection thereof.

      38.  To construct and maintain water works, gas works, electric-light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control the water and water courses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams or sources of water supply for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water flowing from artesian wells, and, if necessary, to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city.

      43.  To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.

      46.  To establish markets and market-houses, and to provide for the regulation and use thereof.

      47.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.

 

 

Further powers of board of commissioners


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

κ1911 Statutes of Nevada, Page 168 (CHAPTER 132)κ

 

Further powers of board of commissioners

poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.

      48.  To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, and all other provisions.

      49.  To provide for the inspection, measurement, or graduation, of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      50.  To provide for the inspection and sealing of weights and measures.

      51.  To enforce the keeping and use of proper weights and measures by vendors.

      52.  To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.

      53.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      54.  To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.

      55.  To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.

      56.  To make regulations to secure the general health of the city, to prevent to introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

      57.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      58.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.


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

κ1911 Statutes of Nevada, Page 169 (CHAPTER 132)κ

 

of mortality, and to impose penalties on physicians, sextons and others for default therein.

      59.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      60.  To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.

      61.  To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      62.  To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      63.  To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens or other appliances therein.

      64.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.

      65.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      66.  To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.

      67.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.

      68.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

 

 

 

 

Further powers of board of commissioners


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

κ1911 Statutes of Nevada, Page 170 (CHAPTER 132)κ

 

 

 

 

Further powers of board of commissioners

appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      69.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam-generating apparatus, or elevators within the corporate limits of the city.

      70.  To prohibit cruelty to animals.

      71.  To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same in the same manner provided by the laws of the state for the sale of estrays, trespassing animals. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.

      72.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.

      73.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      74.  To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.

      75.  To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.

      76.  To regulate and prohibit the carrying of concealed weapons.

      77.  To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.


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

κ1911 Statutes of Nevada, Page 171 (CHAPTER 132)κ

 

correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      78.  To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

      79.  To provide for and regulate the numbering of houses and lots.

      80.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      81.  To erect and maintain all needful buildings for the use of the city.

      82.  The board of commissioners shall have the power to condemn property for public uses.

      Sec. 32.  When power is conferred upon the board to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.

      Sec. 33.  Corporate Name of City, Plaintiff.  All actions brought to recover any fine or to enforce any penalty under any ordinance of the city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice of the peace.

      Sec. 34.  All Fines To Go to the City Treasury.  All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise, shall be paid into the treasury of the city at such times and in such manner as may be prescribed by ordinance.

      Sec. 35.  Punishment of Offenders.  In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought.

Further powers of board of commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinance for specific duties

 

 

Corporate name of city as plaintiff

 

 

 

 

 

Fines to go to city

 

 

 

Commitment of offenders


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

κ1911 Statutes of Nevada, Page 172 (CHAPTER 132)κ

 

 

 

 

 

 

 

Chain gang

 

 

 

 

 

 

 

Process, how served

 

Officers to deliver city property

 

 

 

 

Additional duties of officers

 

 

 

Office of city clerk

 

 

 

 

 

Duties of clerk

plaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid.

      Sec. 36.  Chain Gang.  The board of commissioners shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed two dollars for each day’s work on account of such fine and costs. The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

      Sec. 37.  Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.

      Sec. 38.  Property Delivered to Successors.  Every officer of the city shall, within five days after notification, and request, deliver to his successor in office, all properties, books and effects of every description in his possession and belonging to the city or appertaining to his office; and upon his failure, refusal or neglect to do so shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed.

      Sec. 39.  Additional Duties May Be Imposed.  The duties powers and privileges of all officers in any way connected with the city government, not herein defined, shall be defined by the board; and the defining by this act of the duties of city officers, shall not preclude the board from defining by ordinance further and additional duties to be performed by any such officer.

      Sec. 40.  Office of the City Clerk.  The city clerk shall keep his office at the place of meeting of the board of commissioners, or some other place convenient thereto, as the board may direct. He shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of the board, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city board certified by him, under the corporate seal, shall be evidence in all courts, to the same effect as if the original were produced.

      Sec. 41.  Duties of the Clerk.  He shall countersign all contracts made in behalf of the city, and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.

      Sec. 42.  Duties of Auditor To Be Performed by City Clerk.  


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

κ1911 Statutes of Nevada, Page 173 (CHAPTER 132)κ

 

The city clerk shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the board, and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time, upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of June, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which book shall be open to the inspection of all persons interested; and shall perform such other duties as the board may provide by ordinance.

      Sec. 43.  Statement of Finances.  The city clerk shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the previous year, ending December 31st, showing:

      1.  The total receipts of the city, stating particularly the source of each portion of revenue.

      2.  The amount of cash on hand at the date of the last report.

      3.  The amount of sinking fund and how invested.

      4.  The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.

      5.  The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.

      6.  Each warrant issued, to whom and on what account.

      7.  The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in March of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.

Duties of clerk as city auditor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Financial statements


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

κ1911 Statutes of Nevada, Page 174 (CHAPTER 132)κ

 

 

 

City treasurer custodian of all city moneys

 

 

 

 

 

 

 

 

Further duties of city treasurer

 

 

 

Warrants

 

Receipts

 

 

 

Money kept separate

 

Treasurer to report

 

 

 

 

 

 

Special funds

 

 

 

City tax

has been prepared, is on file in his office, and open to public inspection at all times.

      Sec. 44.  The city treasurer shall receive all money belonging to the city, including all taxes, licenses and fines, and keep an accurate and detailed account thereof, in such a manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest coupons, bonds or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.

      Sec. 45.  Further Duties of City Treasurer.  He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or, in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.

      Sec. 46.  Warrants.  All warrants shall be paid out of their respective funds in the order in which they shall be issued.

      Sec. 47.  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.

      Sec. 48.  City Moneys Kept Intact.  The treasurer shall keep all money belonging to the city separate and distinct from his own money.

      Sec. 49.  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. 50.  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. 51.  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 one and one-half (1 1/2) 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.


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

κ1911 Statutes of Nevada, Page 175 (CHAPTER 132)κ

 

poses, levy a tax not exceeding one and one-half (1 1/2) 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 revenue 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 revenue.

      Sec. 52.  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.

      Sec. 53.  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 portion 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. 54.  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 or assessor making such special assessment, 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 council 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.

City tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revenue ordinances

 

 

 

Expenses, how proportionately paid


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

κ1911 Statutes of Nevada, Page 176 (CHAPTER 132)κ

 

When portion is paid from city funds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Municipal buildings

 

 

 

 

 

 

 

 

 

 

 

Ordinance for special assessments

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 or assessor making such special assessment, 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 council 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 or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just.

      Sec. 55.  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, water works, city prison, levees and embankments, 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. 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 the adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.

      Sec. 56.  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 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 to so state and to define the location of the improvements to be made.


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

κ1911 Statutes of Nevada, Page 177 (CHAPTER 132)κ

 

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 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 to so 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 to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Sec. 57.  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 each ward, and also by posting a notice in or near the postoffice of the city, and 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.

      Sec. 58.  Special Assessments.  In all cases where the board of health or other officials of the city, or the board of commissioners 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 61 hereof, and may refer the same to the assessor and have the same assessed against such property.

      Sec. 59.  Any Cost Over Twenty Per Cent of the Value of Property Paid by the City.  The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed twenty 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.

 

 

 

 

 

 

 

 

 

 

Estimates for public improvements

 

 

 

 

 

 

 

 

 

 

 

 

 

Special assessments

 

 

 

 

 

 

Any cost over 20 per cent of value of property to be paid by city


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

κ1911 Statutes of Nevada, Page 178 (CHAPTER 132)κ

 

 

 

 

 

 

 

 

Contract must be advertised

 

 

 

 

 

Pro rata assessments

 

 

 

 

 

 

 

 

 

Assessment roll

exceed twenty 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 twenty 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. 60.  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. 61.  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 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.

      Sec. 62.  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 collected as provided by law.


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

κ1911 Statutes of Nevada, Page 179 (CHAPTER 132)κ

 

shall become a lien on such lot, parcel of land or premises, and collected as provided by law.

      Sec. 63.  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 an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the 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. 64.  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 Las Vegas.

}

ss.

 

      To the Board of Commissioners of the City of Las Vegas: 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.

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

                                                                                  ................................................. , Assessor.

      Sec. 65.  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, an 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

 

 

 

 

 

 

 

When according to benefit

 

 

Assessor’s certificate

 

 

 

 

 

 

 

Form of

 

 

 

 

 

 

 

 

 

 

Certain special assessments


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

κ1911 Statutes of Nevada, Page 180 (CHAPTER 132)κ

 

 

 

 

 

 

Board to determine

 

 

 

 

 

Notice to be published

 

 

 

 

 

 

 

 

 

Objection, how made

 

 

 

 

 

 

Form of notice

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. 66.  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. 67.  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.

      Objecting 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 whose names appear upon the assessment roll and to all others interested 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 Las Vegas) 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. Notice is hereby given that the board and the assessor of the city of Las Vegas 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.


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

κ1911 Statutes of Nevada, Page 181 (CHAPTER 132)κ

 

and place opportunity will be given all persons interested to be heard.

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

      Sec. 68.  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 confirmation, 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. 69.  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 by 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. 70.  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 quarter-yearly, or one of such installments may be collected each year, at such time as the board may determine, with annual interest at a rate not exceeding seven per cent.

      Sec. 71.  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. 72.  On Divided Property, How Apportioned.  Should any lots or lands 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 on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

 

 

Assessment, how corrected

 

 

 

 

 

 

 

 

 

 

 

 

Special assessment roll

 

 

 

 

When lien on property

 

 

 

 

 

Due on approval

 

 

Assessments on divided property, how apportioned


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

κ1911 Statutes of Nevada, Page 182 (CHAPTER 132)κ

 

 

When deficit paid by city

 

 

 

 

New assessment, when

 

 

 

 

 

 

 

Previous payments, how applied

 

 

Special assessment, how enforced

      Sec. 73.  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 it was paid.

      Sec. 74.  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 part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. 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. 75.  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. 76.  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.

      Sec. 77.  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.


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

κ1911 Statutes of Nevada, Page 183 (CHAPTER 132)κ

 

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. 78.  “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. 79.  In Effect.  This act shall take effect from and after its passage.

Irregularities, how remedied

 

 

 

Taxpayer defined

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 133

Chap. 133–An act concerning public schools, and repealing certain acts relating thereto.

 

[Approved March 20, 1911]

 

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

Assembly, do enact as follows:

 

Chapter 1

 

state board of education

 

      Section 1.  The state board of education shall consist of the governor, the superintendent of public instruction, and the president of the university.

      Sec. 2.  The governor shall be the president, and the superintendent of public instruction the secretary of the board.

      Sec. 3.  The board shall meet at the call of the secretary, but shall hold at least two meetings a year.

      Sec. 4.  The powers and duties of the board shall be as follows:

      1.  To prescribe and cause to be enforced the courses of study for the public schools; provided, that schools of the first class may have modified courses of study, subject to the approval of the state board of education;

      2.  To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first class may make such adoptions;

      3.  To revoke or suspend for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of and refusal to obey the laws of the state, or the rules and regulations of the state board or of the state superintendent defining and governing the duties of teachers, any state diploma or any state certificate;

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of education

 

Officers of board

 

Time of meeting

 

Powers and duties of board


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

κ1911 Statutes of Nevada, Page 184 (CHAPTER 133)κ

 

 

 

 

Powers and duties of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Election of superintendent of public instruction

 

 

Duties of said officer

 

Visit schools

and regulations of the state board or of the state superintendent defining and governing the duties of teachers, any state diploma or any state certificate;

      4.  To have done by the state printer any printing required by the state board such as state courses of study, the proceedings of the teachers’ institutes, blank forms, and such other matter as the state board may require; provided, that text-books are not included in such courses of study;

      5.  To adopt and use in authentication of its acts an official seal;

      6.  To keep a record of its proceedings which shall be published biennially in the report of the superintendent of public instruction;

      7.  To designate some monthly school journal as the official organ of the department of education. The publishers of such journal shall mail one copy of every number of such journal to the clerk of every school district in the state and shall file an affidavit with the superintendent of public instruction showing that such copies have been so mailed. The county treasurer of every county before notifying the superintendent of public instruction of the county fund to be apportioned in the July apportionment shall set aside an amount equal to one dollar for each and every school district of the county and this fund shall be known as the school journal fund. The amount certified to the superintendent of public instruction for apportionment shall not include the school journal fund so set aside. The superintendent of public instruction shall draw his orders annually in favor of the publishers of such school journal for an amount equal to one dollar for each and every school district in each county to which the school journal has been sent in accordance with this section, to be paid out of the school journal fund, and the county auditor shall immediately draw his warrant, in favor of the publishers of such journal, for an amount equal to that named in aforesaid order to be paid out of the school journal fund.

 

Chapter 2

 

superintendent of public instruction

 

      Sec. 5.  The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected and shall hold office for the term of four years from the first Monday in January next after the election, and until his successor is elected and qualified.

      Sec. 6.  The superintendent of public instruction shall have power and it shall be his duty:

      1.  To visit each county in the state at least once each year for the purpose of conducting institutes, visiting schools, consulting with school officers, and addressing public assemblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superintendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of residence, shall be allowed, audited and paid out of the general fund, in the same manner as claims upon said fund are now allowed, audited, and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars;

 


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

κ1911 Statutes of Nevada, Page 185 (CHAPTER 133)κ

 

consulting with school officers, and addressing public assemblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superintendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of residence, shall be allowed, audited and paid out of the general fund, in the same manner as claims upon said fund are now allowed, audited, and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars;

      2.  To apportion the state distributive school fund;

      3.  To apportion the county school fund of each county among its various districts;

      4.  To report to the governor biennially, on or before the first day of December of the years preceding the regular session of the legislature. The governor shall transmit said report to the legislature; and whenever it is ordered published the state printer shall deliver a sufficient number of copies to the superintendent, who shall distribute the same among school officers of the state and of the United States. Said report shall contain a full statement of the condition of public instruction in the state; a statement of the condition and amount of all funds and property appropriated to the purpose of education, the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building schoolhouses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the state as he may think of importance;

      5.  To prescribe suitable rules and regulations for making all reports and conducting all necessary proceedings under this act and to furnish suitable blank forms for the same; to cause the same, with such instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish each school district in the state with such registers. He shall prepare pamphlet copies of the school law and all amendments thereto, and shall transmit a copy thereof to each school trustee, school census marshal, and school teacher in the state;

 

 

 

 

 

 

 

 

Apportion school funds

 

 

Report biennially

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rules


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

κ1911 Statutes of Nevada, Page 186 (CHAPTER 133)κ

 

 

 

 

Teachers’ institutes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County institutes

 

 

 

 

 

 

 

 

 

 

Meetings of state board of education

 

Nominate deputies

 

Other duties

 

Printing

and all amendments thereto, and shall transmit a copy thereof to each school trustee, school census marshal, and school teacher in the state;

      6.  To convene a state teachers’ institute biennially in the even-numbered years in such place and at such time as he may deem advisable. It shall be his further duty to convene five district teachers’ institutes in the various sections of the state biennially in the odd-numbered years in such places and at such times as he may deem advisable. He shall engage such institute lecturers and teachers as he shall deem advisable, and shall preside over and regulate the exercises of all state and district institutes. No institute shall continue less than four nor more than ten days. The expenses incurred in holding such institute shall be paid out of the state general fund; provided, that the amount for the state institute shall not exceed five hundred dollars nor the amount of any one district institute two hundred and fifty dollars and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the district institutes held in the supervision districts in which they may be teaching respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed;

      7.  To call, with the approval of the board of county commissioners, a county teachers’ institute in any county at such time and place as in his judgment will best subserve the educational interests of the county, and to preside over and regulate the exercises of the same. The expenses of such institute shall be paid out of the county general fund of the county in which such institute is held; provided, that the board of county commissioners shall authorize such institute upon the application of the superintendent of public instruction; and provided, that such expenses shall not exceed the sum of one hundred dollars. All teachers shall be required to attend any county institute held in the counties in which they shall be teaching respectively, unless excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed;

      8.  To call meetings of the state board of education in January and June of each year, and at such other times as he shall deem proper or when two members of said board shall request a meeting;

      9.  To nominate deputy superintendents of public instruction for appointment by the state board of education;

      10.  To perform such other duties relative to the public schools as may be prescribed by law;

      11.  To have done at the state printing office any printing required in the performance of his duties;

      12.  To require a written report from each deputy superintendent on the first day of October, the first day of January, the first day of April, and the first day of July of each school year.


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

κ1911 Statutes of Nevada, Page 187 (CHAPTER 133)κ

 

tendent on the first day of October, the first day of January, the first day of April, and the first day of July of each school year. Such reports shall contain any information or facts that the superintendent of public instruction may require;

      13.  To arrange blank forms, including school registers, for teachers’ contracts, and supply the same to school trustees and teachers;

      14.  The superintendent of public instruction shall, at the expiration of his term of office, deliver to his successor all property and effects belonging to his office and take a receipt for the same.

 

Chapter 3

 

deputy superintendents of public instruction

 

      Sec. 7.  The office of county superintendent of public schools either as a separate office or as an ex officio office shall be, and hereby is, abolished for all counties in this state on and after the thirty-first day of August, 1907; provided, that the ex officio county superintendent shall make the reports for the school year ending on the thirty-first day of August, 1907.

      Sec. 8.  Five educational supervision districts are hereby established as follows: District Number 1, comprising Elko County; District Number 2, comprising White Pine, Lander, Eureka Counties; District Number 3, comprising Humboldt and Churchill Counties; District Number 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and Mineral Counties; District Number 5, comprising Lincoln, Nye, Clark, and Esmeralda Counties.

      Sec. 9.  Upon the nomination of the superintendent of public instruction the state board of education shall, on or before the first Monday in May, 1911, and each fourth year thereafter, appoint one deputy superintendent of public instruction for each supervision district as herein provided for, and such appointee shall, at the time of his appointment and during his term of office, be a bona fide resident of the district for which he is appointed. Such appointee shall take office on the first Monday in September and shall serve for a period of four years, or until his successor shall have been appointed and shall have qualified; provided, that in case any nominee of the state superintendent is unsatisfactory to the board another nomination or nominations shall be made to the satisfaction of the board. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall in like manner make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in other work while holding this office.

      Sec. 10.  Any person holding a teacher’s certificate of high-school grade and who shall have had not less than forty-five months’ successful experience in teaching, at least twenty months of which shall have been in the State of Nevada, shall be eligible to appointment as deputy superintendent of public instruction, and no others shall be eligible to such appointment.

Reports of deputies

 

 

Forms, etc.

 

Deliver state property

 

 

 

 

 

 

 

Office of county superintendent abolished

 

 

Educational districts established

 

 

 

 

Supervision districts

 

 

 

 

 

 

 

 

 

 

 

 

 

Qualifications of deputies


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

κ1911 Statutes of Nevada, Page 188 (CHAPTER 133)κ

 

 

 

 

Duties of deputies

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of deputies

months of which shall have been in the State of Nevada, shall be eligible to appointment as deputy superintendent of public instruction, and no others shall be eligible to such appointment.

      Sec. 11.  It shall be the duty of each deputy superintendent to visit each school in his district at least twice a year, to examine the records and observe the work of each school carefully, to advise with teachers as to organization, management and teaching, to inspect school buildings, libraries and apparatus, to confer with trustees and county officers as to the condition and needs of their schools, to hold teachers’ meetings, to assist at state, district and county institutes, and otherwise advance the educational interests of his district. The deputy superintendent of public instruction shall act as deputy examiner at teachers’ examinations, as member of the board of educational examiners and shall assist the state board of education in preparing courses of study. He shall attend the meetings of the state board of education to furnish information pertaining to the schools of his district when said board shall so order.

      Sec. 12.  Within his supervision district, each deputy superintendent shall have power and it shall be his duty:

      1.  To file with the county auditor of each county a directory of all teachers who shall be entitled to draw salary from the state or the county funds, and to advise the county auditor from time to time of any changes or additions to such directory, and to file with the county auditor a directory of all qualified school trustees of each county. The county auditor shall not draw any warrant in favor of any teacher until he shall be officially informed by the deputy superintendent that such teacher is legally entitled to receive salary from the state or county school funds;

      2.  To investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of said claim against any school fund shall be filed with the county auditor. If, upon investigation, the deputy superintendent of public instruction shall find that any claim against any school fund is illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such illegal claim, stating the reasons in writing why such order is illegal or excessive, and the county auditor, if so notified, shall not draw his warrant in payment of such claim. If the deputy superintendent of public instruction shall find that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim;

      3.  To suspend the certificate of any teacher for a time not to exceed one year, who fails to attend any district or county institute unless excused for nonattendance by the deputy superintendent;

 


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

κ1911 Statutes of Nevada, Page 189 (CHAPTER 133)κ

 

institute unless excused for nonattendance by the deputy superintendent;

      4.  To suspend the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board of education;

      5.  To inspect the record books and accounts of boards of trustees, and to authorize and enforce an efficient method of keeping the financial records and accounts of the school district;

      6.  To inspect the school fund accounts of the county auditors of the several counties, and report the condition of the funds of any school district to the trustees thereof;

      7.  To grade the schools in his supervision district, in the month of July of each year, designating which schools are high schools, and which are elementary schools, and to keep record of such gradation in his office;

      8.  To appoint school trustees in all districts in which the qualified voters fail to elect.

      Sec. 13.  The compensation of each deputy superintendent of public instruction is hereby fixed at two thousand dollars per annum, and shall be paid out of the general fund of the state as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, of each deputy superintendent of public instruction, while absent from their places of residence, together with necessary office expenses, shall be paid from the general fund of the state, whenever such claims shall be allowed by the state board of examiners; provided, that not more than eight hundred dollars shall be paid from the general fund of the state in settlement of claims for such traveling expenses of any deputy superintendent of public instruction during any one year, and not more than $350 shall be paid from the general fund of the state in settlement of claims for such office expenses of any deputy superintendent of public instruction for any one year.

      Sec. 14.  The superintendent of public instruction shall confer upon the deputy superintendents such power and authority to act in his name as he shall deem proper; provided, such power and authority shall be in accordance with the laws of this state.

      Sec. 15.  The state board of education shall adopt such rules and regulations further defining the powers and duties of the deputy superintendents of public instruction as shall, in its judgment, be needful to secure efficiency and coordination; provided, that such rules and regulations shall be in accordance with the laws of this state.

      Sec. 16.  The state board of education shall, upon the recommendation of the superintendent of public instruction, have power to remove deputy superintendents of public instruction from office for evident unfitness or for conspicuous failure to perform the duties of said office.

Powers and duties of deputies

 

 

 

 

 

 

 

 

 

 

 

 

Compensation of deputies

 

 

 

 

 

 

 

 

 

 

Powers of deputies

 

 

Rules for deputies

 

 

 

 

Removal of deputies


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

κ1911 Statutes of Nevada, Page 190 (CHAPTER 133)κ

 

 

 

 

 

 

 

 

 

Certificates of teachers

 

 

 

 

 

 

 

 

Examinations, when held

 

 

 

 

 

 

 

Deputy examiners; compensation

 

 

 

 

 

 

 

 

 

 

 

Regulations regarding questions

instruction from office for evident unfitness or for conspicuous failure to perform the duties of said office.

 

Chapter 4

 

teachers’ certificates

 

      Sec. 17.  All teachers’ certificates and diplomas, except temporary certificates, shall be granted by the state board of education, and the state board of education shall grant only those classes and grades described in this act; provided, that the deputy superintendents of public instruction may issue temporary certificates; provided, further, that all teachers’ certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law. In case of the renewal of any grammar-grade certificate now in force an elementary certificate of the first grade shall be issued instead of the grammar-grade certificate.

      Sec. 18.  Examinations for teachers’ certificates shall be held in the several counties in this state semiannually, during the months of June and December of each year; provided, that the interest of the schools shall require such examinations. The state board of education shall give at least sixty days’ notice of the time and places of holding the examinations; provided, that the dates of holding the regular semiannual examinations shall be uniform throughout the state and no examination shall continue for more than four days. The state board of education shall make provision for such other examinations at such times and places as in its judgment the public interest may require.

      Sec. 19.  All examinations for teachers’ certificates shall be conducted by deputy examiners, who shall act under the authority of the state board of education. It shall be the duty of the deputy examiners to send all examination papers to the superintendent of public instruction without grading them. The deputy superintendents of public instruction shall act as deputy examiners in such counties in their respective districts as shall be designated by the superintendent of public instruction, and the deputy superintendent of public instruction shall appoint in addition a sufficient number of deputy examiners to provide for all the counties of the state; provided, that there shall not be more than two such deputy examiners in any one county. Deputy examiners other than the deputy superintendents of public instruction shall receive a compensation of five dollars a day, to be paid as other claims out of the state general fund. The state board of education shall prescribesuch rules and regulations governing examinations as may be needful to secure uniformity and justice.

      Sec. 20.  The questions used for written work in teachers’ examinations shall be prepared by the state board of education, and shall be uniform throughout the state. Such examination questions shall be forwarded to the various deputy examiners throughout the state by the superintendent of public instruction, so as to reach their destination immediately before the date set for the examination.


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

κ1911 Statutes of Nevada, Page 191 (CHAPTER 133)κ

 

ination questions shall be forwarded to the various deputy examiners throughout the state by the superintendent of public instruction, so as to reach their destination immediately before the date set for the examination. Such questions shall be sent under the seal of the state board of education, the questions on each subject being under separate seal, and no questions shall be opened by any deputy examiner or other person, until the day and the hour set for the use of such questions, and this time shall be plainly specified under each seal.

      Sec. 21.  It shall be unlawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute, or to have in his or her possession, except as authorized by this act, any printed or written examination questions prepared for any examination to be held for the purpose of testing the qualifications of persons desiring to be admitted to the practice of any of the professions in this state in which it is required that such person be examined as to their qualifications, or any printed or written examination questions prepared for teachers’ examinations for certification of teachers in this state, or of any printed or written examination questions prepared for the final examination of students in any of the schools of this state prior to the time for holding such examination.

      Sec. 22.  Any person selling or offering to sell, buying or offering to buy, distributing or having in his or her possession any such examination questions contrary to section 21 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not less than $25 nor more than $100, or imprisonment in the county jail for not less than ten days nor more than six months; provided, that the provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examination referred to in section 21 of this act from having in their possession printed or written copies of such examination questions; provided, further, that the state printer shall have the care and custody of such examination questions while they are in process of being printed.

      Sec. 23.  Teachers’ certificates in this state shall be:

      High school, authorizing the holder thereof to teach in any high school or elementary school in the state;

      Elementary, authorizing the holder thereof to teach in any elementary school in the state;

      Special, authorizing the holder to teach such special branch or branches of learning, and in such grades as are named in the certificate;

      Temporary, authorizing the holder to teach such branches of learning and in such grades and school districts as are named in the certificate.

      Sec. 24.  The high-school certificate shall be valid for four years from the date of issuance and shall be issued upon examination in the following subjects: English grammar, spelling, arithmetic, English literature, general history, history of the United States, civil government, algebra, plane geometry, physics, history and methods of teaching.

 

 

 

 

 

 

 

Unlawful use of questions

 

 

 

 

 

 

 

 

Penalty for unlawful use of questions

 

 

 

 

 

 

 

 

 

Grades of certificates


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

κ1911 Statutes of Nevada, Page 192 (CHAPTER 133)κ

 

High-school certificate

 

 

 

 

 

 

 

 

 

 

Elementary certificate, first grade

 

 

 

 

 

 

 

 

 

 

 

 

 

Elementary certificate, second grade

 

 

 

 

 

 

 

Elementary certificate, third grade

examination in the following subjects: English grammar, spelling, arithmetic, English literature, general history, history of the United States, civil government, algebra, plane geometry, physics, history and methods of teaching. Any one of the following foreign languages: Latin, French, German, Spanish; and any three of the following additional subjects: Rhetoric, English history, solid geometry, physical geography, chemistry, botany, and zoology; provided, that no high-school certificate on examination shall be issued to any person whose general average is less than ninety per cent; and provided further, that such certificate shall not be issued to any person under twenty years of age. The high-school certificate may be renewed by the state board of education according to such rules and regulations as the board may prescribe.

      Sec. 25.  The elementary school certificate, first grade, shall be valid for three years from the date of issuance, and shall be issued upon examination in the following subjects: Spelling, reading, writing, English grammar, mental arithmetic, written arithmetic, physiology and hygiene, history of the United States, geography, general history, drawing, music, business forms, and theory and methods of teaching; provided, that no such certificate shall be issued on examination to any person whose general average is less than eighty-five per cent or whose grade is less than sixty-five per cent in any one subject. The elementary certificate, first grade, shall not be issued to any person under twenty years of age, nor to any person who has had less than sixteen months of successful experience in teaching. Such certificate may be renewed by the state board of education according to such rules and regulations as the board may prescribe. Any person who shall at any regular examination make a grade of eighty-five per cent or more in any subject or subjects shall receive credit for such subject or subjects toward a first-grade elementary certificate; provided, that no such credits shall be held for a period of more than two years.

      Sec. 26.  The elementary certificate, second grade, shall be valid for two years from the date of issuance and shall be issued upon examination in all subjects required for the first-grade elementary certificate; provided, that no second-grade elementary certificate on examination shall be issued to any person whose general average is less than seventy-five per cent or whose grade is less than sixty per cent in any one subject. In no case shall an elementary certificate of the second grade be renewed.

 

certification

 

      Sec. 27.  The state board of education shall have power, after the regular teachers’ examination in December, and before the next regular examination is held, to grant third-grade elementary certificates to applicants who took the December examination, and who are actively engaged in teaching in Nevada; provided, that a third-grade elementary certificate shall entitle the holder to teach in the school in which she was engaged as a teacher at the time of the December examination, and in no other school, for a period not longer than until the next regular examination of teachers; provided, further, that but one third-grade elementary certificate shall be granted to the same person.


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

κ1911 Statutes of Nevada, Page 193 (CHAPTER 133)κ

 

December examination, and who are actively engaged in teaching in Nevada; provided, that a third-grade elementary certificate shall entitle the holder to teach in the school in which she was engaged as a teacher at the time of the December examination, and in no other school, for a period not longer than until the next regular examination of teachers; provided, further, that but one third-grade elementary certificate shall be granted to the same person.

      Sec. 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 seventy-two months, thirty-six of which shall have been in the State of Nevada. A life diploma granted under this section shall be of the same grade as the certificate held by the applicant at the time of the application for the diploma and shall entitle the holder thereof to teach in any school in the State of Nevada of a grade corresponding to the grade of the certificate upon which the life diploma was granted; provided, that no life diploma shall be granted upon a nonrenewable certificate.

      Sec. 29.  High-school certificates, good for five years, shall be issued to graduates of the Nevada State Normal School, advanced course. First-grade elementary certificates, good for five years, shall be issued to graduates of the Nevada State Normal School, elementary course. To the graduates of the Nevada State Normal School who hold high-school certificates, the state board of education shall grant a life diploma of high-school grade when said graduates shall have completed at least forty-five months of successful teaching in public schools. To all graduates of the Nevada State Normal School who hold a grammar-school certificate, the state board of education shall grant a life diploma of the grammar grade when said graduates shall have completed at least forty-five months of successful instruction in public schools.

      Sec. 30.  Graduates of universities, colleges, and normal schools supported by state appropriations, approved by the state board of education, shall be permitted to submit their credentials from such institutions, and to the extent that these credentials give evidence of scholarship and professional preparation they shall be accepted in lieu of examination; provided, that no certificate of the elementary grade shall be granted upon any credentials not equivalent to a diploma of graduation from the Nevada State Normal School; and provided further, that no high-school certificate shall be granted upon any credential not equivalent to a diploma of graduation from a science course or the liberal arts course of the University of Nevada, together with the required training in educational subjects.

      Sec. 31.  Any teacher holding a life certificate from another state shall be permitted to submit such certificate as evidence of his or her fitness for teaching, and if the state board of education shall be satisfied that the state which issued such certificate maintains a high professional standard, said board may issue a certificate for teaching in this state of such grade as it shall deem proper.

 

 

 

 

 

 

Life diplomas

 

 

 

 

 

 

 

 

Different certificates to certain graduates of Nevada State Normal School

 

 

 

 

 

 

Other graduates privileged

 

 

 

 

 

 

 

 

Life certificates of other states


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

κ1911 Statutes of Nevada, Page 194 (CHAPTER 133)κ

 

 

 

 

 

 

All papers graded by board of educational examiners

 

 

 

 

 

 

 

Special certificates

 

 

 

 

 

 

Temporary certificates; restriction

 

 

 

 

 

 

 

Age limit

education shall be satisfied that the state which issued such certificate maintains a high professional standard, said board may issue a certificate for teaching in this state of such grade as it shall deem proper. Such credentials should be forwarded to the superintendent of public instruction, Carson City, Nevada.

      Sec. 32.  All examination papers for teachers’ certificates shall be examined and graded under the authority of the state board of education by the board of educational examiners which shall consist of at least one member of the state board of education, the deputy superintendents of public instruction, and such other persons, not to exceed three in number, as may be appointed by the superintendent of public instruction. The board of educational examiners shall certify the grade of each applicant in each subject to the state board of education. Persons appointed by the superintendent of public instruction as members of the board of educational examiners shall receive compensation at the rate of five dollars a day for the time actually employed in such service, to be paid out of the state general fund in the usual manner.

      Sec. 33.  The state board of education shall grant special certificates valid for teaching music, drawing, manual training, penmanship, commercial subjects, kindergarten work, or any specified foreign language, provided that it shall be satisfied that the applicant is qualified to teach such special subject. The board shall determine as to the fitness of the applicant by whatever method shall appear to be most appropriate. Such certificate shall be valid for two years. A special certificate shall entitle the holder to teach only the subject or subjects mentioned in the certificate.

      Sec. 34.  The deputy superintendent of public instruction may, at his discretion, issue temporary certificates without examination; provided, that such certificate shall be issued upon request of the board of school trustees of a school district in this state, and that such certificate shall be valid only in the district from which the request is made, and such certificate shall be valid only until the next teachers’ examination held in the county in which such person shall be teaching. If any member of the board of school trustees making the above-mentioned request is a member of the family or a near relative of the applicant, the certificate shall not be granted. Not more than one temporary certificate shall be granted to any one person.

      Sec. 35.  No certificate authorized by this act shall be issued to any person under eighteen years of age.

 

Chapter 5

 

powers and duties of teachers

 

      Sec. 36.  No teacher shall be entitled to receive any portion of the public school moneys as compensation for services rendered, unless such teacher shall have been legally employed by the board of trustees, nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full and correct report, in the form and manner prescribed by law, to the superintendent of public instruction and to the board of school trustees.


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

κ1911 Statutes of Nevada, Page 195 (CHAPTER 133)κ

 

rendered, unless such teacher shall have been legally employed by the board of trustees, nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full and correct report, in the form and manner prescribed by law, to the superintendent of public instruction and to the board of school trustees.

      Sec. 37.  The superintendent of public instruction and the deputy superintendents of public instruction are hereby authorized to administer the oath (or affirmation) to teachers and all other oaths (or affirmations) relating to public schools.

      Sec. 38.  Each and every teacher employed in this state, whose compensation is payable out of the public funds, shall take and subscribe to the oath as prescribed by the fifteenth article of the state constitution before entering upon the discharge of the duties of such teacher. Such oath, when so taken and subscribed to, shall, if that of a teacher in the state university, be filed in the office of the board of regents; if of any other class of teachers, the same shall be filed in the office of the superintendent of public instruction.

      The oath is as follows:

      I, ..........................., do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States, and the constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding. And further that I will well and faithfully perform all the duties of teacher on which I am about to enter (if an oath); “so help me God”; (if an affirmation) “under the pains and penalties of perjury.”

      Sworn and subscribed to before me a ........................... of the County of ...................... and State of Nevada, this .................... day of ....................., Anno Domini 191.... .

      Sec. 39.  Every teacher in the public schools shall:

      1.  Upon opening school in any school district file with the deputy superintendent of public instruction, a Nevada teachers’ certificate entitling the holder to teach the school in the district in which he shall be hired, together with the oath of office, and any other report that the superintendent of public instruction shall require. The deputy superintendent shall acknowledge the receipt of each teacher’s certificate and shall make proper record of the same in his office. The teacher’s certificate shall remain on file in the office of the deputy superintendent until the teacher’s final report shall be received in his office;

      2.  One week before closing the school, make a final report in the manner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year.

Teacher must be legally employed

 

 

 

School officer may administer oath

 

Teachers to take official oath

 

 

 

 

 

 

Form of oath

 

 

 

 

 

 

 

 

 

 

Duties of teacher enumerated


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

κ1911 Statutes of Nevada, Page 196 (CHAPTER 133)κ

 

Duties of teacher enumerated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of trustees a body corporate

 

Property held by trustees as corporation

 

Number of trustees

 

 

 

 

 

Election of trustees

school year, notwithstanding any previous report for a part of the year. The teacher shall make estimates of the statistics and information for the last week in order to close the final report. Upon receipt of the teacher’s final report, the deputy superintendent shall, if he approve such report, notify the clerk of the school district from which the report comes that the teacher’s final report has been received, and the clerk of the board shall then draw the trustees’ order in payment for the teacher’s last month’s salary. Any trustees’ orders drawn in violation of the provisions of this act shall be illegal;

      3.  Keep record of all scholars attending school in accordance with the registers prescribed by the superintendent of public instruction, and teachers shall make reports of such records at such times and to such persons as the superintendent of public instruction shall designate. All school registers shall be delivered to the board of trustees at the close of every school term;

      4.  Enforce the state course of study, or the city course of study (as the case may be), the use of the legally authorized text-books, and the rules and regulations prescribed for teachers and schools;

      5.  Hold pupils to a strict account for their conduct on the way to and from school, on the playground, and during any intermission; provided, however, that no school teacher or principal, or board of trustees, shall expel or suspend any pupil under the age of fourteen years for any cause without first securing the consent of the deputy superintendent of public instruction.

 

Chapter 6

 

school trustees

 

      Sec. 40.  The trustees of a school district shall constitute a board for such district and such board is hereby created a body corporate.

      Sec. 41.  All property which is now vested in, or shall hereafter be transferred to the trustees of a district, for the use of schools in the district, shall be held by them as a corporation.

      Sec. 42.  School districts having fifteen hundred or more school children, as shown by the last preceding school census, shall have five trustees; other districts shall have three trustees.

 

election of trustees

 

      Sec. 43.  An election of school trustees shall be held in each school district of the state on the first Saturday in April, nineteen hundred and ten, and on the same day every two years thereafter. At such elections, three trustees shall be elected in any district having fifteen hundred or more school census children, as shown by the last preceding census, two for four years and one for two years; and two trustees shall be elected in every other district, one for four years and one for two years.


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

κ1911 Statutes of Nevada, Page 197 (CHAPTER 133)κ

 

be elected in every other district, one for four years and one for two years.

      Sec. 44.  In any school district having for the first time fifteen hundred school census children, as determined after the election of trustees in any year, there shall be elected at the next ensuing school trustee election two trustees for four years and two trustees for two years, to bring such district to the five-trustee basis; and in any district falling below such number, as determined after a school trustee election, there shall be elected at the next ensuing trustee election one trustee for four years, to bring such district to the three-trustee basis.

      Sec. 45.  Three inspectors of election and such other officers as may be necessary, shall be appointed by the school trustees in each district; provided, that respecting all questions that come before said election boards, the inspectors only shall determine the same. If the trustees fail to appoint the election officers, or if they are not present at the time of opening the polls, the electors present may appoint them. All such officers shall serve without compensation; provided, that in school districts of the first class, the inspectors and a clerk of election may be allowed compensation not to exceed four dollars each for services at such election, said compensation to be paid from the district school funds.

      If two or more polling places are kept open in districts of the first class, three inspectors and one clerk shall be appointed for each polling place, and each such officer shall be allowed compensation not to exceed four dollars.

      Sec. 46.  Not less than ten days before the election held under the provisions of this act, the trustees in each district shall post notices in three public places in the district, which notices shall specify that there will be an election held at the schoolhouse in such district and the hours between which the polls will be kept open. In districts of the first class the polls shall be kept open between the hours specified by the board of trustees and in districts of the second class the polls shall be kept open between the hours of 1 o’clock p. m. and 5 o’clock p. m. If the trustees shall have failed to post notices as required by this section, then any three electors of the district may, within five days of the day of election, give notice of such election, which notices shall be sufficient for the election required by this act, and in such case no registration shall be necessary, but all the other provisions of this act shall be enforced; provided, that in districts of the first class as many different polling places may be kept open as there are schoolhouses in the district, and the trustees may decide in what buildings the election shall be held; but in such cases, the trustees must specify, in the election notice, the particular buildings in which polling places will be held.

      Sec. 47.  No person shall be allowed to vote at any school election unless he is a resident of the district and his name appears upon the official registry list of the voting precinct or precincts including the district for the last preceding general election; provided, that any citizen of the United States who shall have resided in this state six months, and in the school district thirty days next preceding the day of election, and whose name is not upon the said official registry list, may apply to the clerk of the board of school trustees, or to a person authorized by the trustees of the district to act as registry agent, not more than eight nor less than five days prior to the day of election, to have his name registered.

 

Number of trustees, how determined

 

 

 

 

 

Election officers, how appointed

 

 

 

 

 

 

 

 

 

 

Notice of election to be posted

 

 

 

 

Hours of election

 

 

 

 

 

 

 

 

Qualification for voting


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

κ1911 Statutes of Nevada, Page 198 (CHAPTER 133)κ

 

 

 

 

 

 

 

 

 

Registration regulations

 

 

 

 

Form of oath

 

 

 

 

 

List of voters

 

 

 

 

 

 

Preparation of list of voters; compensation

 

 

 

 

 

 

List delivered to inspectors

appears upon the official registry list of the voting precinct or precincts including the district for the last preceding general election; provided, that any citizen of the United States who shall have resided in this state six months, and in the school district thirty days next preceding the day of election, and whose name is not upon the said official registry list, may apply to the clerk of the board of school trustees, or to a person authorized by the trustees of the district to act as registry agent, not more than eight nor less than five days prior to the day of election, to have his name registered.

      Sec. 48.  It shall be the duty of the clerk of the board of school trustees, or the person appointed by the board of school trustees, as the case may be, to register any qualified voter of the school district who may apply to be registered under the provisions of the preceding section; provided, that if the person applying to be registered be unknown to the registry agent, or his qualifications for voting be unknown, he shall, before having his name registered, be required to subscribe to the following oath: “You do solemnly swear that you are a citizen of the United States; that you are twenty-one years of age; that you will have resided in the state six months and in this school district thirty days next preceding the day of the school election.” False swearing under the provisions of this section shall be deemed perjury and punished as now provided by law.

      Sec. 49.  No person shall be entitled to vote under the provisions of this act except he be registered as herein provided. The board of school trustees shall prepare, or cause to be prepared, or obtain a list, certified or sworn to as being correct, of the names of all persons entitled to vote at the school election as herein provided, which said list shall be completed at least three days prior to the day of election, and shall be under the charge of the clerk of the board of school trustees and subject to the inspection of any qualified voter in the district.

      Sec. 50.  The board of school trustees in all districts having a voting population of fifty or more, are authorized to employ a competent person to prepare said list of qualified voters and to pay for the work out of the school fund of the district, in a manner as other claims against the district are allowed and paid, a reasonable sum, not exceeding five cents a name for each qualified voter, providing that the total amount to be allowed shall not exceed fifty dollars. The list so prepared shall be sworn to by the person making the same as correct according to his best knowledge, information and belief.

      Sec. 51.  The list of qualified voters, as hereinbefore described, shall be delivered to the inspectors of election prior to the time of opening the polls on the day of election, and no person shall be entitled to vote at the election whose name is not on said list; provided, that any person whose name is left off said list by mistake, design, accident, or otherwise, may have his name placed thereon by the inspectors of election upon satisfactory proofs being presented of his having previously been registered in accordance with the provisions of this act.


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

κ1911 Statutes of Nevada, Page 199 (CHAPTER 133)κ

 

have his name placed thereon by the inspectors of election upon satisfactory proofs being presented of his having previously been registered in accordance with the provisions of this act.

      Sec. 52.  The voting shall be by ballot, either written or printed, and when two or more trustees are to be elected for different terms, the ballot shall designate such term as “long term” and “short term,” respectively.

      Sec. 53.  In all school districts having a voting population of one hundred or over, the board of school trustees shall have printed ballots of uniform size containing the names in alphabetical order, of all persons candidates for the office of school trustee. There shall be twice as many ballots printed as there are voters in the district, and no ballots other than those furnished by the board of school trustees shall be voted.

      Sec. 54.  A person desiring to vote shall, if his name be upon the registry list as herein provided, receive from the board of election or some member thereof, and from no other person, a ballot upon which he shall designate his choice for trustee or trustees to be elected in the district, by placing a cross thus: X, opposite and to the right of the name of the person for whom he intends to vote.

      Sec. 55.  There shall be placed on the ballots, in addition to the names of the candidates, such information as the board of trustees may deem necessary to inform the voter how to mark his ballot, such as: “Place a cross thus: X, opposite and to the right of the name of the candidate for whom you wish to vote,” “vote for one,” “vote for two,” etc.

      Sec. 56.  No person, other than the board of election or a police officer in the discharge of his duty, shall be allowed within one hundred feet of the polls, except when actually engaged in voting or in going to or from the polls for the purpose of voting or of challenging the vote of another, and excepting all persons in attendance upon any school which may be in session in the building. No person shall show his ballot to another while marking it or after marking it so as to disclose for whom he has voted, but he shall, as soon as possible after marking it, fold it so that the marking will be on the inside and return it to the board of election to be counted. Wilful violation of any of the provisions of this section shall constitute a misdemeanor, punishable by a fine not exceeding fifty dollars, or imprisonment in the county jail not exceeding twenty-five days, or by both such fine and imprisonment.

      Sec. 57.  No person shall receive assistance in marking his ballot unless physically unable to mark it and then only by permission of the board of election. A voter spoiling his ballot may procure another by delivering the spoiled ballot to the board of election.

      Sec. 58.  Any registered person offering to vote may be challenged by any elector of the district, and the judges of election must thereupon administer to the person challenged an oath in substance as follows: You do swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this state six months, and in this school district thirty days next preceding this election, and that you have not voted before this day.

 

 

 

Voting shall be by ballot

 

Ballots, number of; what to contain

 

 

 

How to vote

 

 

 

 

Instructions as to voting

 

 

 

 

Not allowed at polls; misdemeanor

 

 

 

 

 

 

 

 

 

Assistance in marking ballot, when allowed

 

 

Challenge


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

κ1911 Statutes of Nevada, Page 200 (CHAPTER 133)κ

 

 

 

 

 

Illegal voting punished

 

 

Candidates to file names with county clerk

 

 

 

Duty of election board on completion of count

 

 

 

 

 

 

 

 

 

 

Certificates of election

 

 

 

Terms of office

 

Vacancies, how filled

 

 

 

 

 

 

 

Deputy to fill vacancies

an oath in substance as follows: You do swear that you are a citizen of the United States; that you are twenty-one years of age; that you have resided in this state six months, and in this school district thirty days next preceding this election, and that you have not voted before this day. If he takes the oath prescribed in this section his vote shall be received, otherwise his vote must be rejected. Illegally voting under the provisions of this act shall be punished the same as the law now provides for punishing offenses of this character.

      Sec. 59.  In school districts having a voting population of one hundred (100) or over, candidates for the office of school trustee shall, not later than five days before the day of election, have their names filed with the county clerk of said county, with designation of the term of office for which they are candidates, and no names shall be placed upon the ballots unless filed within the time herein provided.

      Sec. 60.  The board of election in districts of the first class shall keep a poll list and tally sheet, which, together with the registry list and all ballots cast, shall be delivered to the county clerk upon the count being completed, and such returns shall be kept as the law now provides for keeping returns of general elections; but in districts of the second class, said poll list, tally sheet, registry list and all ballots cast, upon the count being completed, shall be delivered to the deputy superintendent of public instruction and kept on file in his office. After the completion of the count at each polling place in districts of the first class using more than one polling place, the election board of each polling place shall meet at a place designated by the board of trustees and there summarize all votes cast in the district and make out the election certificates.

      Sec. 61.  The election board shall issue certificates of election to those receiving the greatest number of votes cast in accordance with the provisions of this act, specifying the number of years for which each is elected; and the election board shall immediately send by mail a copy of each election certificate to the deputy superintendent of public instruction.

      Sec. 62.  Trustees elected under this act shall take office on the first Monday in May following their election.

      Sec. 63.  On the fourth Saturday after the occurrence of any vacancy or vacancies in any board of school trustees, an election may be held to elect a trustee or trustees for the remainder of the unexpired term or terms. Such elections shall be conducted in accordance with the law now in effect for the election of public school trustees; provided, that the remaining members or member of the board may serve as a full board for the purpose of making all required preliminary arrangements for conducting said elections to fill said vacancies.

      Sec. 64.  In case the voters fail to elect, or in case no election is held, as provided in the preceding section, the deputy superintendent shall fill all vacancies occurring in said board of trustees.


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

κ1911 Statutes of Nevada, Page 201 (CHAPTER 133)κ

 

superintendent shall fill all vacancies occurring in said board of trustees.

      Sec. 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 bookto be provided for the purpose; and all such proceedings, when so recorded, shall be signed by said 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 ten 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 not to exceed fifty dollars.

      Sec. 66.  No action of the board of school trustees in any school district shall be valid unless such action shall receive the approval of a majority of the members of such board at a regularly called meeting. The clerk of the board shall give notice of each meeting to each member of the board of school trustees, specifying the time, place and purpose of each meeting; provided, that if all members of such board are present at such meeting the lack of such notification shall not invalidate its proceedings.

      In all school districts in which there are not less than three hundred school census children, as shown by the last preceding school census report, the board of school trustees shall hold a regular meeting at least once each month, at such time and place as it shall determine, and public notice of such meeting shall be given in one or more newspapers published in such district; provided, that such notices can be published without cost to the district.

      Sec. 67.  School trustees shall have the power and it shall be their duty:

      1.  To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the heads of families of the district; provided, that in districts in which there shall be fewer than ten such heads of families, no schoolhouse or schoolhouse site shall be sold without the approval of the deputy superintendent of public instruction;

      2.  To build, purchase, or rent schoolhouses when directed to do so by a vote of the heads of families, and to equip and supply the same with all things necessary for the successful operation of the schools of the district.

 

Meetings of trustees

 

 

 

 

Duties of clerk

 

 

 

 

Compensation

 

 

 

 

Majority vote to legalize action

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of school trustees


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

κ1911 Statutes of Nevada, Page 202 (CHAPTER 133)κ

 

Powers and duties of school trustees

operation of the schools of the district. The trustees, without such vote, shall make necessary repairs on any school buildings when the expense of such repairs will not exceed five hundred dollars; provided, that in districts of the first class the trustees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superintendent of public instruction. The county auditor shall draw no warrant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval;

      3.  To change the location of schools or schoolhouse sites; provided, that in districts in which there shall be fewer than ten heads of families, no school or schoolhouse site shall be changed without the approval of the deputy superintendent of public instruction;

      4.  To call meetings of the heads of families of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten days’ notice by posting at least three notices of such meeting in three conspicuous places within the district. One of such notices shall be posted on the school grounds. The notices shall contain the time, place, and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of the absence of either the president or the clerk of the board at such meeting, the heads of families assembled shall proceed to elect a president pro tem and temporary clerk. All questions placed before the meeting shall be determined by ballot or by taking the “ayes” and “noes” as the meeting shall decide;

      5.  To manage and control the school property within their districts, and pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury, to be placed to the credit of the county fund of their district;

      6.  To cause to be erected at least two suitable and convenient privies for each of the schools under their charge, which shall be entirely separate each from the other, and have separate means of access and approaches thereto. In case of failure or neglect on the part of the trustees to provide privies in accordance with the provisions of this section, the deputy superintendent of public instruction shall have power and it shall be his duty to cause such privies to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treasurer in payment of the same;

 


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

κ1911 Statutes of Nevada, Page 203 (CHAPTER 133)κ

 

warrant upon the county treasurer in payment of the same;

      7.  To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member;

      8.  To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power and it shall be his duty to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repairs shall not exceed fifty dollars;

      9.  To have the custody and safe keeping of the district schoolhouses, their sites and appurtenances;

      10.  To insure the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy;

      11.  To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher at the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any term of service commencing after the time for which any member of the board of trustees was elected. The salaries of teachers shall be determined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach;

      12.  To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose by giving them orders therefor on the county auditor;

      13.  To provide at least six months of free school in the district under their charge. If at any time the deputy superintendent of public instruction shall find that the state and county moneys to which any district is entitled are not sufficient for the completion of a term of school of at least six months during the current school year, he shall immediately certify that fact and information to the clerk of the board of the said district. Upon the receipt of such information, the clerk shall immediately notify the other members of the board, and they shall, as soon as possible thereafter, meet and levy a district tax upon the taxable property of such district sufficient to raise an amount of money which will insure the completion of at least six months of school in that school year.

 

Powers and duties of school trustees


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

κ1911 Statutes of Nevada, Page 204 (CHAPTER 133)κ

 

Powers and duties of school trustees

board, and they shall, as soon as possible thereafter, meet and levy a district tax upon the taxable property of such district sufficient to raise an amount of money which will insure the completion of at least six months of school in that school year. Immediately after the trustees shall have made the levy provided herein, the clerk of the board shall notify the county commissioners and the deputy superintendent of public instruction of its action. The said notice shall contain the statement of the amount of money to be raised by such district tax. The county commissioners shall ascertain the necessary percentage on the property of said district as shown by the last assessment made thereof after equalization, to raise the amount of money voted and they shall add it to the next county tax to be collected on the property aforesaid, and the same shall be paid into the county treasury and shall be added to and become a part of the county fund of that district, and shall be drawn in the same manner as other school moneys.

      The tax provided herein shall be assessed, equalized, and collected in the same manner prescribed for assessing, equalizing, and collecting the taxes voted for furnishing additional school facilities in section 141 of this act.

      If for any reason the trustees shall fail to provide the necessary funds to insure the completion of at least six months of school in any school year, when notified by the deputy superintendent of public instruction that such action is necessary on their part, as provided in this act, then the deputy superintendent of public instruction shall himself notify the county commissioners and the county auditor of the deficiency in funds for the district in question, and he shall make an estimate of the amount of money necessary to be raised, and the commissioners shall proceed to assess, equalize, and collect this amount as though the trustees themselves had made the levy as provided in this act;

      14.  To maintain at least eight months of school in the school district during each and every school year; provided, there is sufficient money to the credit of the district to pay the expenses of maintaining the said eight months of school.

      Whenever there shall be sufficient money to the credit of any school district to pay the expenses of maintaining a school for eight months in any school year, and the trustees shall for any reason neglect to provide for the said eight months of school, the deputy superintendent of public instruction shall take such steps as may be necessary to prolong and maintain the said school for at least eight months. He shall draw his order on the county auditor and the county auditor shall draw his warrant on the county treasurer in payment of all expenses incurred in prolonging school as provided in this section;

      15.  To administer all oaths pertaining to teachers, census marshals, and school trustees, whether of the same school district or of any other school district in the State of Nevada;


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

κ1911 Statutes of Nevada, Page 205 (CHAPTER 133)κ

 

provided, that in districts of the first class, the city superintendent may administer the oath of office to teachers in their respective districts;

      16.  To provide books for the indigent children, desk text-books for the teachers, and record-books for the district, and to pay for the same out of the county school moneys belonging to their district;

      17.  To divide the public schools within their district into kindergarten, primary, grammar, and high-school departments, and to employ competent and legally qualified teachers for the instruction of the different departments whenever they shall deem such division into departments necessary; provided, that such division into departments shall be in accordance with the state courses of study and all rules and regulations of the department of education; and provided further, that there shall be means for all such departments, and if not, then the division shall be in the order in which they are herein named, excepting the kindergarten department, which shall not be considered as taking precedence over any other department; and provided also, that the kindergarten department shall not be established in any school district having a school census population of less than one hundred;

      18.  To suspend or expel from any public school within their district, with the advice of the teachers and deputy superintendent of public instruction, any pupil who will not submit to reasonable and ordinary rules of order and discipline therein, and to exclude from school all children under six years of age when the interests of the school requires it to be done; provided, however, that under no circumstances shall any school teacher or principal, or board of trustees be authorized to expel any pupil under the age of fourteen years for any cause without first securing the consent of the deputy superintendent of public instruction;

      19.  To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority;

      20.  To make, with the approval of the deputy superintendent of public instruction, arrangements with the trustees of any other district for the attendance of such children in the school of either district as may be most convenient, and to transfer the school moneys due by apportionment to such children to the district in which they may attend school. The school trustees of any district may transfer to another district any child, whenever the parent or guardian shall present a written request accompanied by a written permit from the board of school trustees of the other district. Whenever two boards of trustees shall agree upon the transfer of any child, together with the money due such child by apportionment from state and county funds, the trustees of the district from which the child is to be transferred shall draw their order upon the county auditor for the amount equal to the money apportioned to that district at the last preceding apportionment of state and county funds, in favor of the county treasurer of the county in which the district to which the child is to be transferred is located.

Powers and duties of school trustees


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

κ1911 Statutes of Nevada, Page 206 (CHAPTER 133)κ

 

Powers and duties of school trustees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schools to be maintained with equal rights and privileges

 

 

 

 

 

 

Clerk to issue warrants

money apportioned to that district at the last preceding apportionment of state and county funds, in favor of the county treasurer of the county in which the district to which the child is to be transferred is located. The county treasurer of such county shall place the amount ordered to be transferred to the credit of the proper fund of the district to which the child is to be transferred, and he shall immediately notify the county auditor of such county that the amount of money so transferred has been placed in the fund of said district; provided, that the amount of money to be transferred in accordance with this section shall consist only of the moneys apportioned to the child, and not any part of the amount of money apportioned to the teacher of the district from which the child is to be transferred;

      21.  To visit every school in their district at least once in each term, and examine carefully into its management, condition and wants. This clause to apply to each and every member of the board of trustees;

      22.  To furnish writing and drawing paper, pens, inks, blackboard erasers, crayons, and lead and slate pencils, and other necessary supplies for the use of the schools, and charges therefor must be audited and paid as other claims against the county school fund of their districts are audited and paid;

      23.  To make an annual report, on or before the first day of July, to the deputy superintendent of public instruction in the manner and form and on the blanks prescribed by the superintendent of public instruction;

      24.  To enforce needful sanitary regulations, to make and enforce such rules for preventing the spread of contagious and infectious diseases as they may deem necessary, and to pay out of the public school funds any expenses incurred by them in enforcing such regulations and rules among indigent children.

      Sec. 68.  The boards of school trustees and county boards of education must maintain all the schools established by them for an equal length of time during the year and, as far as practicable, with equal rights and privileges;

      2.  When in any district it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another portion of the district, the aggregate of the time the school has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year.

      Sec. 69.  It shall be the duty of the clerk of the board of school trustees in each district, subject to the direction of said board, to draw all orders for the payment of the moneys belonging to his district, and such orders, when signed by the president and clerk of the board or by a majority of the board of trustees, shall be valid vouchers in the hands of the county auditor for warrants on the county treasurer, to be paid out of the funds belonging to such district; provided, that in school districts having fewer than five trustees, no warrant for the payment of money for a new school building or for repairs or furniture in excess of five hundred dollars shall be issued unless the order shall be approved by the deputy superintendent of public instruction.


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

κ1911 Statutes of Nevada, Page 207 (CHAPTER 133)κ

 

board of trustees, shall be valid vouchers in the hands of the county auditor for warrants on the county treasurer, to be paid out of the funds belonging to such district; provided, that in school districts having fewer than five trustees, no warrant for the payment of money for a new school building or for repairs or furniture in excess of five hundred dollars shall be issued unless the order shall be approved by the deputy superintendent of public instruction.

      Sec. 70.  All such orders shall be accompanied by an itemized statement of the purpose or purposes for which the order is issued, and such statement shall be kept on file in the office of the county auditor, subject to inspection by the deputy superintendent of public instruction, until ordered to be destroyed by the state board of education. No order for the payment of the money of any district shall be issued by the clerk of such district unless there shall be in the county treasury credited to such district a sum of money equal to the amount for which the order is issued, and available for the purpose of such order. If the clerk of the board of school trustees of any district shall draw any order for the payment of school moneys in violation of the laws of this state, the members of the board of school trustees of such district shall be jointly and severally liable for the amount of such order.

      Sec. 71.  No trustee shall be pecuniarily interested in any contract made by the board of trustees of which he is a member.

      Sec. 72.  The school trustees, principals and teachers are hereby given concurrent power with the peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among them.

      Sec. 73.  The board of school trustees of the respective school districts of the State of Nevada are hereby given such reasonable and necessary powers, not conflicting with the constitution and laws of the State of Nevada as may be requisite to attain the ends for which the public schools are established, and to promote the welfare of children.

      Sec. 74.  The school trustees may direct the principals and teachers employed by them to exercise such powers and authority in the schools as the trustees are invested with under this act.

      Sec. 75.  Under the provisions of this act, county boards of education in control of high schools shall have the same powers as are herein given to school trustees.

 

Chapter 7

school districts

 

      Sec. 75.  Each village, town, or incorporated city of this state shall constitute but one school district; and the public schools therein shall be under the supervision and control of the trustees thereof.

 

 

 

 

 

 

Itemized statement of bills

 

 

 

 

 

 

 

 

 

Trustees to have no interest in contracts

 

To enforce discipline

 

Trustees vested with necessary power

 

 

 

Teachers, powers of

 

 

County boards of education have same power as trustees

 

 

 

One district only in town or city


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

κ1911 Statutes of Nevada, Page 208 (CHAPTER 133)κ

 

 

 

Classes of school districts

 

City superintendent

 

 

 

 

 

 

 

 

New districts, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

But one school, when

schools therein shall be under the supervision and control of the trustees thereof.

      Sec. 76.  All school districts in Nevada are hereby divided into two classes. Districts employing ten or more regular grade teachers shall be known as districts of the first class, and districts employing less than ten teachers shall be known as districts of the second class. The board of school trustees of any district of the first class is hereby authorized to create the office of city superintendent of schools for such district, to define the powers and duties of such superintendent, to elect to said office any person entitled to teach in the high schools of this state, and to fix the salary; provided, that no city superintendent shall be elected for more than one year, unless said city superintendent shall have first served one year acceptably in the district, when said board of trustees is empowered to elect said superintendent for a term not to exceed four years; provided, further, that said superintendent may be dismissed at any time for cause.

      Sec. 77.  The boards of county commissioners of the several counties of the state are hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to them a certified petition from the parents or guardians of five school census children, which petition shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed district at the date of said petition. The boards of county commissioners may create new districts from a portion or portions of one or more established districts upon the presentation of a similar petition signed by not less than three-fifths of the heads of families and taxpayers of the districts from which the proposed new district is to be taken. They may make changes in the boundaries of districts upon petition of three-fifths of the heads of families and taxpayers of the district or districts to be affected by the change.

      When a new school district is organized, school shall be commenced within one hundred and twenty days from the date of the action of the board of county commissioners creating such district and if school shall not be commenced within such time in said district, then such action shall become void and no such district shall exist.

      No school district organized under the provisions of this act shall exceed in size sixteen miles square.

      Sec. 78.  In any neighborhood or community containing not more than twenty school census children, in which a schoolhouse may be located so that the most distant school census child resides not to exceed three miles therefrom, but one school district shall be created or shall exist; and, in any neighborhood or community in which more than one school district is now organized, not in conformity with this act, such districts shall be consolidated, and it shall be the duty of the board of county commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one school district.


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

κ1911 Statutes of Nevada, Page 209 (CHAPTER 133)κ

 

such districts shall be consolidated, and it shall be the duty of the board of county commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one school district. It shall be the duty of the county auditor and county treasurer to place the funds of the several districts to the credit of the newly organized district, and the deputy superintendent of public instruction shall appoint trustees for said district. In any such neighborhood or community no school district shall receive an apportionment from the school funds until consolidated as herein provided. The deputy superintendent of public instruction shall decide where the school shall be held, and if school is held in any other place in the district than that designated by the deputy superintendent of public instruction, the county auditor shall draw no warrants upon the funds of the district in payment of claims for the maintenance of said school.

      Sec. 79.  The county school fund shall not be apportioned to any school district unless there shall be at least five school census children residing therein as shown by the last preceding census report. The state school fund shall not be apportioned to any school district unless there shall be at least three school census children residing therein as shown by the last preceding census report.

      Sec. 80.  From and after September first, nineteen hundred and eleven, no school district, except when newly organized, in which there was not taught by a legally qualified teacher, a public school for a term of at least six school months of the school year ending the last day of June preceding, with at least three children of school age in actual attendance for eighty days, sixty days of which shall have been consecutive, shall receive any portion of the public school moneys. When a new district is formed by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district after the payment of all outstanding debts at the time when a school was actually commenced in such new district; and the superintendent of public instruction shall divide and apportion such remaining money according to the number of census children resident in each district, for which purpose he may order a census to be taken, the expenses of which shall be met as provided in section 133 of this act.

      Sec. 81.  A joint school district may be formed of parts of two or more counties, provided a majority of the qualified voters in that part of each county which it is proposed to include in such joint district shall petition for the creation of such joint district, such petition to contain a description of the boundaries of the proposed joint district. When such petition is presented to the board of county commissioners in each county in which any part of the territory of said proposed joint district is located, such boards shall, if they favor the establishment of a joint district, provide for such establishment, and the superintendent of public instruction shall appoint the members of the board of school trustees who shall serve until their successors are elected and qualified according to law.

Duties of county commissioners

 

 

 

 

 

 

 

 

 

 

Restriction in appointment

 

 

 

Certain districts not to receive school money, when

 

 

 

 

Division of district

 

 

 

 

 

Joint school district, when


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

κ1911 Statutes of Nevada, Page 210 (CHAPTER 133)κ

 

 

 

 

 

 

State superintendent to apportion funds, how

 

 

 

 

 

 

 

 

 

 

 

 

Union school, how established

 

 

 

Joint board to govern

More than one school, when

 

 

 

 

 

Expenses, how paid

 

 

 

District dissolved, when

the establishment of a joint district, provide for such establishment, and the superintendent of public instruction shall appoint the members of the board of school trustees who shall serve until their successors are elected and qualified according to law.

      Sec. 82.  The superintendent of public instruction shall apportion the county school fund to any such joint school district as follows: In apportioning sixty per cent of the county school fund of any county, he shall apportion to a joint school district the regular amount per census child residing in that county. In apportioning forty per cent of the county school fund of any county, he shall consider the teacher as belonging in part to each county, part of which lies in the joint school district, and the part belonging to any county will be in proportion to the number of school census children in that county.

      In apportioning thirty per cent of the state distributive school fund within any county, he shall apportion to a joint school district the regular amount per census child residing in that county. In apportioning seventy per cent of the state distributive school fund within any county, he shall consider the teacher as belonging in part to each county, part of which lies in the joint school district, and the part belonging to any county will be in proportion to the number of school census children in that county.

      Sec. 83.  On the recommendation of the deputy superintendent of public instruction, the boards of school trustees of any contiguous school districts in the same county or in adjoining counties may, in joint meeting of the two boards, unite the two districts and establish a union school to be supported out of the funds belonging to the respective districts.

      Sec. 84.  The school thus established shall be governed by a joint board, composed of the trustees of the combining districts; provided, that school may be maintained at more than one point in the union district thus formed, if found necessary or advisable; and provided further, that the classes and grades in the two districts shall be arranged with reference to the convenience of the children and the efficient and economical management of theschool. In case of a disagreement of the joint board as to the arrangement and distribution of the various classes and grades in the two districts, the deputy superintendent of public instruction shall determine thesame.

      Sec. 85.  A majority of the members of the joint board shall constitute a quorum for the transaction of business. Vouchers shall be made out on the separate district funds for the pro rata of monthly expenses, as agreed upon by the joint board, and these vouchers shall be signed by the president and clerk of the school board in the district on whose fund the vouchers are drawn.

      Sec. 86.  The union school, or district, herein provided for may be dissolved in June of any year by mutual consent or action of the boards of school trustees in the districts interested, or by the unanimous action of the school board of either district; provided, that no indebtedness incurred by the joint board exists; and provided further, that in case of dissolution by action of only one of the two districts as herein prescribed, at least thirty days’ notice of intention to dissolve shall have been given to the joint board.


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

κ1911 Statutes of Nevada, Page 211 (CHAPTER 133)κ

 

action of the boards of school trustees in the districts interested, or by the unanimous action of the school board of either district; provided, that no indebtedness incurred by the joint board exists; and provided further, that in case of dissolution by action of only one of the two districts as herein prescribed, at least thirty days’ notice of intention to dissolve shall have been given to the joint board.

      Sec. 87.  The board of county commissioners in any county on the recommendation of the deputy superintendent of public instruction, and without formal petition, may enlarge the boundaries of any school district, wherein there may be uncertainty of maintaining the minimum requirement of five census children, sufficiently beyond the sixteen-mile-square limit to include five or more school census children actually residing, and not temporarily living, therein, or the board, upon the recommendation of the deputy superintendent, may consolidate two or more such districts or parts of districts into a single district.

      Sec. 88.  In case of the consolidation of two or more districts as herein provided for, the property of the separate districts shall become the property of the district thus formed, and any money in the fund of a district consolidated with another shall, on notice given by the deputy superintendent of public instruction, be transferred by the county auditor and the county treasurer to the credit of the district so formed.

      Sec. 89.  When a district is formed by consolidation as herein provided, the deputy superintendent of public instruction shall appoint a board of school trustees therefor; he shall determine the points therein where instruction is to be given, and shall aid the trustees in making necessary provision for carrying out the purposes of this act.

      Sec. 90.  At the time of the apportionment of money in the state distributive school fund in January and July of each year, the superintendent of public instruction, before making such apportionment, shall set aside from said fund the sum of three thousand dollars, the same to constitute and be known as the emergency school fund; and he shall at once notify the state controller and the state treasurer of his action.

      Sec. 91.  The emergency school fund, or such portion thereof as the state board of education shall deem advisable, shall be used as hereinafter provided for payment of a teacher’s salary in any legally constituted school district formed after the regular apportionment in January and July of any year and not consisting mainly or wholly of census children and territory theretofore included in an established school district.

      Sec. 92.  Before any portion of the emergency school fund is distributed to any school district that may be entitled thereto under the provisions of this act, the superintendent of public instruction shall cause a census to be taken and shall satisfy himself that a competent teacher has been employed and that a suitable building has been provided.

 

 

 

 

 

Districts enlarged or consolidated

 

 

 

 

 

 

Property of consolidated districts

 

 

 

Board appointed, when

 

 

 

 

Emergency fund created

 

 

 

 

For districts formed after regular apportionment

 

 

Conditions before money is distributed


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

κ1911 Statutes of Nevada, Page 212 (CHAPTER 133)κ

 

 

Basis of distribution

 

 

 

 

 

 

 

But one apportionment to any district from emergency fund

 

 

 

State board of education to approve

 

 

 

 

 

 

 

 

Residue to revert

 

 

District abolished, when

 

 

Funds to revert

 

 

 

Property of abolished district to be sold

      Sec. 93.  The money in the emergency school fund, or such part thereof as may be necessary, shall be distributed to the various districts entitled thereto on the basis of teachers-one teacher to every fifty census children or fraction thereof; and not more than two hundred and fifty dollars shall be allowed for any one teacher. The money thus distributed shall be used only for the payment of salaries of teachers. The superintendent of public instruction shall submit to the state board of education lists of school districts entitled to money under the provisions of this act, and estimates of the amount of money necessary for each district.

      Sec. 94.  No more than one apportionment shall be made to any one school district from the emergency school fund. But at the general apportionments thereafter such district shall be entitled to its share of the state distributive school fund and of the general school fund of the county in which the district is located, the census provided for in section 92 of this act serving as the basis of apportionment until the general school census is available therefor.

      Sec. 95.  Upon approval by the state board of education of the amounts to be distributed, the superintendent of public instruction shall draw his order on the state controller for the sum to be sent from the emergency school fund to any county, and the state controller shall thereupon draw his warrant on the state treasurer therefor, and the state treasurer shall pay over the money to the county treasurer, or any treasurer named. The superintendent of public instruction shall inform the county auditor and the county treasurer of any county to which money is thus sent, of the amount set aside for any school district or districts in that county; and such money shall be applied by the board or boards of school trustees thereof for the purpose named in this act, and disbursed in the manner prescribed by law.

      Sec. 96.  Any money remaining in the emergency school fund on the thirtieth day of June and the thirty-first day of December of any year shall revert to the state distributive school fund.

      Sec. 97.  Upon notice from the deputy superintendent of public instruction that a district has fewer than three resident children in actual school attendance, the board of county commissioners shall abolish such district.

      Sec. 98.  All moneys remaining to the credit of any school district which has been legally abolished, by action of the board of county commissioners of the county in which the district is situated, shall revert to the county school fund of the said county.

      Sec. 99.  All property, real and personal, of any abolished school district shall revert to the county in which the said district is situated, and the board of county commissioners are hereby authorized to control and manage, rent or sell such reverted school property in the manner prescribed for the sale of county property; provided, that in case the said board of county commissioners shall find all of the real and personal property of any abolished district to be of a value less than one hundred dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale.


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

κ1911 Statutes of Nevada, Page 213 (CHAPTER 133)κ

 

of county property; provided, that in case the said board of county commissioners shall find all of the real and personal property of any abolished district to be of a value less than one hundred dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale.

      Sec. 100.  All the moneys derived from the sale or rent of reverted school property shall be paid into the county school fund.

 

Chapter 8

general provisions

 

      Sec. 101.  Public schools within the meaning of this act shall include all elementary schools, and all district and county high schools.

      Sec. 102.  An elementary school within the meaning of this act shall be one in which no grade work above that included in the eighth grade according to the regularly adopted state course of study shall be given.

      A high school within the meaning of this act shall be a school in which subjects above the eighth grade according to the state course of study may be taught.

      Sec. 103.  The public school year shall commence on the first day of July and shall end on the last day of June.

      Sec. 104.  A school month shall consist of four weeks of five days each, and teachers shall be paid only for the time in which they are actually engaged in teaching; provided, that when an intermission of less than six days is ordered by the trustees no deduction of salary shall be made therefor.

      Sec. 105.  No books, tracts, or papers of a sectarian or denominational character shall be used or introduced in any schools established under the provisions of this act; nor shall any sectarian or denominational doctrines be taught therein; nor shall any school whatever receive any of the public school funds which has not been taught in accordance with the provisions of this section.

      Sec. 106.  All lots, buildings, or other school property, owned by any district, town, or city, and devoted to public school purposes, shall be, and the same are hereby, exempted from taxation, and from sale on any execution or other writ or order in the nature of an execution.

      Sec. 107.  Physiology and hygiene shall be taught in the public schools of this state, and especial attention shall be given to the effects of stimulants and narcotics upon the human system.

      Sec. 108.  It is hereby made the duty of each and every teacher in the public schools of this state to give oral instruction at least once a month, to all children attending such schools, relative to the preservation of song-birds, fish, and game; and to explain to such children of suitable ages, at least twice each school year, the fish and game laws of the State of Nevada.

 

 

 

 

Disposal of proceeds

 

 

 

 

 

Public schools defined

 

Elementary and high school defined

 

 

 

School year

 

School month

 

 

 

Sectarian literature prohibited

 

 

 

School property exempt from taxation

 

 

Hygiene to be taught

 

 

Children instructed relative to birds, fish and game


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

κ1911 Statutes of Nevada, Page 214 (CHAPTER 133)κ

 

 

Teachers to comply with provisions

 

Arbor Day

 

 

 

 

Governor to make proclamation

 

 

 

 

Holidays

 

 

 

 

 

 

 

 

 

The national flag

 

 

 

 

 

 

 

 

 

The state flag

      Sec. 109.  No teacher shall be entitled to receive any portion of the public school moneys as compensation for services, unless such teacher shall have complied with the provisions of the last preceding section.

      Sec. 110.  Arbor Day is hereby established in the State of Nevada, and shall be fixed each year by proclamation of the governor at least one month before the fixing of such date, and it shall be observed as a holiday by the public schools of this state; provided, that nothing in this act shall be so construed as making this a legal holiday, so far as the courts and civil contracts are concerned.

      Sec. 111.  His excellency the governor is requested to make proclamation setting forth the provisions of the preceding section of this statute, and recommending that Arbor Day so established, be observed by the people of the state in the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, in the adornment of public and private grounds, places, and ways, and in such other efforts and undertakings as shall be in harmony with the character of the day so established.

      Sec. 112.  No school shall be kept open on the first day of January, the thirtieth day of May, the fourth day of July, the first Monday of September, Thanksgiving day, and the twenty-fifth day of December of each year, nor on any day appointed by the President of the United States or the governor of this state for public fast, thanksgiving, or holiday.

      All schools shall be kept open and shall observe with appropriate exercises the twelfth day of February, the twenty-second day of February, Arbor Day, and the thirty-first day of October of each year, if such days occur on regular school days.

      No school shall be closed on the date of any primary or general election, except in cases of school elections when the school building is needed as a polling place.

      Sec. 113.  Boards of school trustees in all school districts throughout the state shall provide for their respective schoolhouses a suitable flag of the United States, which shall be hoisted on the respective schoolhouses on all suitable occasions. The respective boards of trustees are hereby authorized and directed to cause said flags to be paid for out of any county school money in their respective school district funds not required for regular expenses. If the trustees in any school district fail or neglect to provide such flag, the deputy superintendent of public instruction shall himself provide the school with a flag and shall install the same upon the schoolhouse, and shall pay the expenses incurred in such action by drawing his order on the county auditor, and the county auditor shall draw his warrant on the county treasurer in payment of same.

      Sec. 114.  The flag of the State of Nevada shall be of blue bunting with the following devices thereon, to wit: The word “NEVADA” in silver-colored block letters, equidistant between the top and bottom; near the top the word “SILVER” in silver color, and near the bottom the word “GOLD” in gold color, each of which shall be in Roman capital letters, and there shall be under the word “Silver” a row of eight stars in silver color, under which and above the word “Nevada” a row of nine stars in gold color, at each end of the word “Nevada” a silver-colored star, and under the word “Nevada” a row of nine stars in gold color, under which and above the word “Gold” a row of eight stars in silver color.


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

κ1911 Statutes of Nevada, Page 215 (CHAPTER 133)κ

 

“NEVADA” in silver-colored block letters, equidistant between the top and bottom; near the top the word “SILVER” in silver color, and near the bottom the word “GOLD” in gold color, each of which shall be in Roman capital letters, and there shall be under the word “Silver” a row of eight stars in silver color, under which and above the word “Nevada” a row of nine stars in gold color, at each end of the word “Nevada” a silver-colored star, and under the word “Nevada” a row of nine stars in gold color, under which and above the word “Gold” a row of eight stars in silver color. Each star shall have five points and be placed with one point up.

      Sec. 115.  The district attorneys of the several counties of Nevada must give, when required, and without fee, his opinion in writing to school trustees, on matters relating to the duties of their offices.

      Sec. 116.  The state attorney-general shall give, when required, and without fee, his opinion in writing to deputy superintendents of public instruction on matters relating to the duties of their offices.

      Sec. 117.  Teachers actually engaged in teaching in the public schools of the state and members of the faculty of the state university shall be exempt from jury duty during the session of the public schools or university, but nothing in this act shall be construed as to excuse said teachers from liability to jury duty during a vacation.

      Sec. 118.  On and after the fifteenth day of September, nineteen hundred and eleven, the county auditors and the county treasurers of the several counties of the State of Nevada shall keep separate accounts in their books for the library fund, the county school fund, and the state school fund of each district within their respective counties, and in no case shall they keep any school fund account in such manner that its balance shall at any time include the amounts on hand in any two school funds.

      If on the said fifteenth day of September, nineteen hundred and eleven, the county auditor and the county treasurer in any county shall not have their respective school fund accounts arranged so that no school fund account shall show by its balance the amount on hand in any two or more school funds, the said county auditor and the county treasurer shall adjust their school fund accounts in the following manner:

      The county auditor shall determine the total amount of money in the county treasury to the credit of each school district on the said fifteenth day of September, nineteen hundred and eleven. He shall then deduct from the said total amount to the credit of each school district at the time mentioned, the amount of money which should be in the library fund of each of the said school districts on the fifteenth day of September, nineteen hundred and eleven, and the amount so deducted shall constitute, for each school district, a separate fund which shall thereafter be designated as the library fund for such school district, and the county auditor shall thereafter make such entries in the said library fund as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims.

 

 

 

 

 

 

 

 

District attorney to advise trustees

 

Attorney-general advisor of deputy superintendents

Teachers exempt from jury duty

 

 

Classification of funds


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

κ1911 Statutes of Nevada, Page 216 (CHAPTER 133)κ

 

 

 

 

Classification of funds

school district, and the county auditor shall thereafter make such entries in the said library fund as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims.

      If for any reason the auditor cannot tell the exact amount which should be in the library fund of any school district on the date mentioned above, he shall deduct from the total amount to the credit of the school district an amount equal to the apportionment to the library fund of that district made in July, nineteen hundred and eleven, and the amount so deducted shall constitute, for such school district, a separate fund which shall thereafter be designated as the library fund as provided above.

      After the auditor has established the library fund for each school district, as described above, he shall deduct from the remainder of the total amount to the credit of each school district, the amount apportioned to the state school fund of that district in July, nineteen hundred and eleven, and the amount so deducted shall constitute the state school fund of that school district, and the auditor shall open a separate account in his books for the said state school fund, and he shall thereafter make such entries in the state school fund account as will show, at any time, the apportionments made to such state school fund, and all amounts drawn from the said fund in payment of teachers’ salaries; provided, that only the salaries of teachers shall be paid from such fund.

      After establishing a library fund, and a state school fund, for each school district in the manner described above, the auditor shall establish a county school fund for each school district in the county by opening a separate account in his books and making proper entry therein of the amount left to the credit of each district after deducting from the said total amount the several amounts described above as constituting the library fund and the state school fund for each district, and the remainder left when the said two amounts shall have been deducted from the total amount to the credit of each school district, shall constitute the county school fund of each school district, and the county auditor shall thereafter make such entries in the county school fund account as will show, at all times, the apportionments made to that fund, and all amounts drawn from the said fund in payment of legal claims.

      After the county auditor in each county has established the library fund, the state school fund, and the county school fund for each school district in the manner described above, he shall certify the amounts in each of the said funds to the county treasurer, and the county treasurer shall immediately open a separate account in his books for each of the three funds mentioned above, and he shall, thereafter, make such entries in each of the said accounts as will show, at all times, the apportionments made to each fund, and all amounts drawn from each fund in payment of legal claims.


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

κ1911 Statutes of Nevada, Page 217 (CHAPTER 133)κ

 

      Sec. 119.  In case of failure or neglect on the part of the county auditor or the county treasurer of any county to comply with the provisions of the foregoing section, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official compensation, and it is hereby made the duty of the county commissioners, on notice from the deputy superintendent of public instruction of such failure or neglect on the part of any county auditor or county treasurer to comply with the provisions of the foregoing section, to deduct the said one hundred dollars from the compensation of the said negligent officer, and the commissioners shall place the said amount to the credit of the county school fund.

      Sec. 120.  Should any teacher employed by a board of school trustees for a specified time, leave the school before the expiration of such time, without the consent of the trustees, in writing, said teacher shall be deemed guilty of unprofessional conduct, and the deputy superintendent of public instruction is authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for the period of one year.

      Sec. 121.  From any decision made by a deputy superintendent affecting adversely the rights, powers or duties of any teacher or school board as fixed by law, in any case in which no appeal is allowed to the board of education, an appeal may be taken to the superintendent of public instruction, and his decision in the premises shall be final.

 

Chapter 9

census marshals

 

      Sec. 122.  It shall be the duty of the board of school trustees of each school district to appoint a competent person over twenty-one years of age as school census marshal before the first day of March of each school year and to notify the deputy superintendent of public instruction of such appointment immediately after it is made. This section shall not be construed in such a way as to prevent the appointment of a member of the board of school trustees or of a woman as school census marshal. Before the school census marshal shall enter upon the performance of his duties he shall take and subscribe to the oath of office, and such oath shall be filed in the office of the deputy superintendent of public instruction.

      If the board of school trustees of any district shall fail to appoint a school census marshal and to notify the deputy superintendent of public instruction of the same, as provided in section 122 of this act, it shall be the duty of the deputy superintendent of public instruction to call the attention of the clerk of the board of such district to such failure, and if a notification of an appointment is not received at his office before the fifteenth day of March, the deputy superintendent of public instruction shall appoint the school census marshal for such district, such appointee to proceed in like manner as if appointed by the board of school trustees, and any appointment of census marshals made by the board of school trustees of such district shall be void.

Penalty

 

 

 

 

 

 

 

 

Penalty for nonfulfilment of contract

 

 

 

Appeal, how made

 

 

 

 

 

 

 

 

 

Females may act as census marshals


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

κ1911 Statutes of Nevada, Page 218 (CHAPTER 133)κ

 

 

 

 

Blanks for marshal

 

 

Duties of school census marshal

 

 

 

 

Duties of census marshal

ment of census marshals made by the board of school trustees of such district shall be void.

      Sec. 123.  The superintendent of public instruction shall supply each school census marshal with printed instructions as to his duty, and with all blank forms required for taking and reporting the census.

      Sec. 124.  It shall be the duty of the school census marshal of each district to take annually in the month of April a census of the resident children of the district for which he shall have been appointed, and to report the same to the deputy superintendent of public instruction. The term “resident children,” as used is this section, shall be defined in such a way as to include:

      1.  Children residing with their parents or guardians in such district;

      2.  Children temporarily residing outside of said district for the purpose of attending institutions of learning or benevolent institutions, except those children who are in the State Orphans’ Home and the said children in the State Orphans’ Home shall be taken in the Carson City school district; provided, that the parents of such children shall be residing in such district on the first day of April; and provided further, that the children themselves shall have been actual residents of the district immediately previous to the time of such outside residence. The term “resident children” shall be further defined in such a way as to exclude:

      1.  Indian children who shall not have attended public school at least eighty days in the twelve months preceding the date of taking the census during the last preceding year;

      2.  Children temporarily visiting in or passing through said district;

      3.  Children who have never actually resided within the district, even in cases where the parents or guardians shall reside in such district;

      4.  Children who are residing in the district for the purpose of attending institutions of learning or benevolent institutions, except the children of the State Orphans’ Home and the census of the children in the State Orphans’ Home shall be taken in Carson City school district; and, in general, all children who may properly be included in the census of some other district.

      Sec. 125.  The school census marshal shall visit each home, habitation, residence, domicile, or place of abode in his district and require the necessary information of parents or others competent to give accurate information, supplementing and correcting this by actual observation when necessary. The school census marshal shall have power to administer the legal oath to parents, guardians, and other persons furnishing such information.

      Sec. 126.  The report of the school census marshal shall be made upon blank forms to be furnished by the superintendent of public instruction, and shall show the following facts:


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

κ1911 Statutes of Nevada, Page 219 (CHAPTER 133)κ

 

      1.  The full names of all children less than twenty-one years old and residing in the district on the first day of April, such names to be given by families under the name of the parents or guardian;

      2.  The year, month, and day on which each child was born, and the age in years, counting to the first day of April;

      3.  The sex and race of each child;

      4.  The place of birth of each child and of each parent;

      5.  The total number of children less than six years of age; the total number not less than six nor over eighteen years of age, and the total number of children over eighteen and less than twenty-one years of age, counting from the first day of April. Only those children who are not less than six nor over eighteen years of age shall be considered as school census children.

      6.  Such other facts as the superintendent of public instruction may require.

      Sec. 127.  In the case of districts lying partly in two or more counties, the school census marshal shall report separately the children of each county.

      Sec. 128.  Immediately after the school census marshal shall have completed the work of taking the census, he shall submit a report of the same, according to a form to be prescribed by the superintendent of public instruction, to the clerk of the board of school trustees, and if the clerk finds the report to be correct, according to the best of his knowledge, he shall approve the same and certify to its correctness, after which the census marshal shall transmit it to the deputy superintendent of public instruction with a sworn statement to the effect that reasonable diligence and care have been exercised and that, to the best of his knowledge, all parts of the report are correct.

      Sec. 129.  In the case of districts having a school census population of less than three hundred the report shall be sent to the deputy superintendent of public instruction before the fifteenth day of May. In the case of districts having over three hundred census children the report shall be sent to the deputy superintendent of public instruction before the first day of June.

      Sec. 130.  The deputy superintendent of public instruction shall compare the census reports submitted to him by the various school census marshals so far as he shall consider needful, and he shall strike from them the names of any children whose names are, according to his best knowledge, wrongly included in the reports, and it shall be his duty to correct all manifest errors in such reports. In all cases he shall make sufficient investigation to confirm him in his action before correcting any report.

      Sec. 131.  If at any time the deputy superintendent shall have reason to believe that a report contains errors which he is unable to correct, or if at any time the report of the school census marshal is not transmitted as provided by section 129 of this act, he may appoint a special school census marshal who shall retake the census as soon as practicable and not later than the thirtieth day of June, conforming otherwise to the rules governing the original census.

What report shall contain

 

 

 

 

 

 

 

 

 

 

 

Districts in two counties

 

Clerk to examine marshal’s report

 

 

 

 

 

 

Dates for completing reports

 

 

 

Deputy superintendents to compare reports of marshals

 

 

 

Special census marshal, when


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

κ1911 Statutes of Nevada, Page 220 (CHAPTER 133)κ

 

 

 

 

Negligence of marshal, punishment

 

 

 

 

 

 

 

 

County to pay census marshal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State permanent school fund

who shall retake the census as soon as practicable and not later than the thirtieth day of June, conforming otherwise to the rules governing the original census.

      Sec. 132.  If the school census marshal of any district neglects or refuses to make his report at the time and in the manner prescribed by law, or if he, with intention to defraud the state, or through failure to exercise reasonable care, include the names of children in violation of law, or if he report their names, ages or number falsely, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any amount not less than five or more than one hundred dollars, or by imprisonment in the county jail not less than five nor more than thirty days, and it shall be the duty of the various district attorneys to cause the arrest and prosecution of such persons upon information furnished by the superintendent of public instruction, other school officers, or by other persons.

      Sec. 133.  Every bill for the compensation of a school census marshal shall be presented to the board of county commissioners of the county in which the district for which he shall have been appointed lies, and upon the order of said board shall be paid as other claims out of the general fund of the county. No bill for the compensation of any school census marshal shall be ordered paid unless the bill shall be accompanied by a statement from the deputy superintendent of public instruction to the effect that a satisfactory census report has been returned as provided by law. In any school district containing ten or less school census children the compensation for taking the school census shall not exceed eight dollars. In school districts having more than ten school census children there may be allowed not be more than twenty-five cents additional for the name of each school census child above the said ten names; provided, that in districts in which there are less than three families having school census children, the compensation shall not exceed five dollars.

 

Chapter 10

school funds

 

      Sec. 134.  All moneys accruing to this state from the sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed, for public school purposes; all fines collected under the penal laws of the state; two per cent of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the state, shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, but shall constitute an irreducible and indivisible fund, to be known as the state permanent school fund, which shall be invested as provided in section 148 of this act.

      Sec. 135.  An ad valorem tax of ten cents on the hundred dollars of all taxable property in the state is hereby levied and directed to be collected and paid in the same manner as other state taxes are required to be paid; and said tax shall be known as the state school tax, and the board of county commissioners of the several counties shall, annually, at the same time other state taxes are levied, add this to the other taxes provided by law to be levied and collected, and it shall be annually collected at the same time and in the same manner as other state taxes are collected, and if, from any reason whatever, in any year said taxes are not levied as herein required, by the board of county commissioners, the county auditor shall enter them on the assessment roll, as required by law for other taxes.


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

κ1911 Statutes of Nevada, Page 221 (CHAPTER 133)κ

 

directed to be collected and paid in the same manner as other state taxes are required to be paid; and said tax shall be known as the state school tax, and the board of county commissioners of the several counties shall, annually, at the same time other state taxes are levied, add this to the other taxes provided by law to be levied and collected, and it shall be annually collected at the same time and in the same manner as other state taxes are collected, and if, from any reason whatever, in any year said taxes are not levied as herein required, by the board of county commissioners, the county auditor shall enter them on the assessment roll, as required by law for other taxes.

      Sec. 136.  All moneys derived from interest on the state permanent school fund, together with all moneys derived from the state school tax, shall be placed in and constitute a fund to be known as the state distributive school fund, and be apportioned semiannually among the several school districts of the state in the manner provided in this act for the apportionment of the state distributive school fund to the several school districts of the state.

      Sec. 137.  The school moneys distributed from the state distributive school fund, shall not be used for any other purpose than the payment of qualified teachers, under this act; and no portion of said fund shall, either directly or indirectly, be paid for the erection of schoolhouses, the use of schoolrooms, furniture, or any other contingent expenses of public schools.

      Sec. 138.  No portion of the public school funds, nor of the moneys raised by the state tax, or specially appropriated for the support of public schools, shall be devoted to any other object or purpose; nor shall any portion of the public school funds, nor of money raised by state tax for the support of public schools, be in any way segregated, divided, or set apart for the use or benefit of any sectarian or secular society or association.

      Sec. 139.  The board of county commissioners of each county shall, annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents nor less than twenty cents on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax and collected in the same manner, and paid into the county treasury as a special deposit, to be drawn in the same manner as other public school moneys; and should said county commissioners fail or neglect to levy said tax as required it shall be the duty of the county auditor to add such tax as the superintendent of public instruction may deem sufficient, between the limits of twenty and fifty cents on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section.

      Sec. 140.  When, in the judgment of the board of school trustees of any district, the school moneys to which such district shall be entitled for the coming school year will not be sufficient to maintain the school properly and for a sufficient number of months, said board shall have power to direct that a tax of not more than twenty-five cents on the one hundred dollars of assessed valuation of such district shall be levied, and, upon notification by the clerk of the board of school trustees of such district that such action has been taken, the board of county commissioners shall levy and cause to be collected such tax upon the taxable property of such district.

Ad valorem state school tax

 

 

 

 

 

 

State distributive school fund

 

 

 

 

Use of distributive school fund restricted

 

 

 

State tax, use restricted

 

 

 

 

 

County school tax

 

 

 

 

 

 

 

 

 

Special school tax, when


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

κ1911 Statutes of Nevada, Page 222 (CHAPTER 133)κ

 

 

 

 

 

 

 

Popular election to decide whether tax shall be levied, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax due, when

number of months, said board shall have power to direct that a tax of not more than twenty-five cents on the one hundred dollars of assessed valuation of such district shall be levied, and, upon notification by the clerk of the board of school trustees of such district that such action has been taken, the board of county commissioners shall levy and cause to be collected such tax upon the taxable property of such district.

      Sec. 141.  The board of trustees of any school district may, when in their judgment it is advisable, call an election and submit to the qualified electors of the district the question whether a tax shall be raised to furnish additional school facilities for said district, or to keep any school or schools in such district open for a longer period than the ordinary funds will allow or for building an additional schoolhouse or houses, or for any two or for all of these purposes. Such election shall be called by posting notices in three of the most public places in the district for twenty days, and also if there be a newspaper in the county by advertisement therein once a week for three weeks. Said notice shall contain time and place of holding the election, the amount of money proposed to be raised, and the purpose or purposes for which it is intended to be used. The trustees shall appoint three judges to conduct the election, and it shall be held in all other respects as nearly as practicable in conformity with the general election law. At such election the ballot shall contain the words: “Tax-Yes,” or “Tax-No.” If a majority of the votes cast are “Tax-Yes,” the officers of the election shall certify the fact to the county commissioners, together with a statement of the amount of money proposed to be raised, who shall ascertain the necessary percentage on the property of said district, as shown by the last assessment made thereof after equalization, to raise the amount of money voted, and shall add it to the next county tax to be collected on the property aforesaid; and the same shall be paid into the county treasury as a special deposit in favor of said school district, to be drawn in the same manner as other school moneys; provided, if in any school district the school trustees shall certify to the county commissioners that the state and county money to which any district is entitled is not sufficient to keep school open in such district up to the date when state and county taxes shall become due, the tax provided for in this section shall be due and payable to the assessor of such county in which the tax is levied immediately after he shall make the assessment and demand for payment of the tax; provided, the owner of the property shall, if he deem the assessment too high, have the privilege of submitting the assessment to the board of county commissioners, for equalization within ten days after demand made for the payment of the tax, and the county commissioners, within five days after complaint made to them, shall meet and determine the correct valuation of the property assessed, and may change the same by adding to or deducting from the sum fixed either by the owner or assessor, and upon notice to the owner of the result of their equalization the tax shall be immediately payable to the assessor, and if not paid shall become delinquent; and all taxes so assessed shall constitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or entry thereof on the assessment roll by the county auditor, until the same are paid, and thereafter if allowed to become delinquent shall be enforced in the same manner as provided by law for the collection of state and county taxes.


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

κ1911 Statutes of Nevada, Page 223 (CHAPTER 133)κ

 

fixed either by the owner or assessor, and upon notice to the owner of the result of their equalization the tax shall be immediately payable to the assessor, and if not paid shall become delinquent; and all taxes so assessed shall constitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or entry thereof on the assessment roll by the county auditor, until the same are paid, and thereafter if allowed to become delinquent shall be enforced in the same manner as provided by law for the collection of state and county taxes. If for any reason said tax is not added to the county tax by the county commissioners, the county auditor shall enter it upon the assessment roll to be charged against the property of that district, on application from the trustees of said district.

      Sec. 142.  The board of trustees, or board of education, of each city, town, and district, may use the moneys from the county school funds to purchase sites, build, or rent schoolhouses, to purchase libraries, and to pay teachers or contingent expenses as they may deem proper, or for transportation of pupils to and from school.

      Sec. 143.  The state controller shall keep a separate and distinct account of the state permanent school fund, of the interest and income thereof, of such moneys as shall be raised by the state school tax, and of all moneys derived from special appropriations or otherwise for the support of public schools.

      Sec. 144.  The state controller shall, on or before the tenth day of April and the tenth day of October of each year, make to the state board of education a statement of the securities belonging to the state permanent school fund. He shall also, on or before the tenth day of January and the tenth day of July of each year, render to the superintendent of public instruction a statement of the moneys in the treasury subject to distribution to the several districts of the state, as provided in section 151 of this act.

      Sec. 145.  The state treasurer shall be the legal custodian of all state and national securities in which the moneys of the state permanent school fund of the State of Nevada are or may hereafter be invested, and for their safe keeping he shall be liable on his official bond. It shall be the duty of the state treasurer to pay over all public school moneys received by him only on warrants of the state controller, issued upon the orders of the superintendent of public instruction, under the seal of the board of education, in favor of county treasurers, or on orders of the state board of education, for purposes of investment, as provided in section 148 of this act, which orders, duly endorsed, shall be valid vouchers in the hands of the state controller for the disbursement of public school moneys.

      Sec. 146.  All school moneys due each county in the state shall be paid over by the state treasurer to the county treasurers on the tenth day of January and the tenth day of July of each year or as soon thereafter as the county treasurer may apply for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 151 of this act.

Tax payable

 

 

 

 

 

 

 

 

 

Use of county school funds

 

 

State permanent school fund

 

 

State controller to report school securities

 

 

 

 

State treasurer custodian of school securities

 

 

 

 

 

 

 

County treasurers to receive state school moneys semiannually


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

κ1911 Statutes of Nevada, Page 224 (CHAPTER 133)κ

 

 

 

 

 

State treasurer to turn interest into state distributive school fund

 

 

Duties of state controller; investments must be thoroughly investigated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county treasurer

for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 151 of this act.

      Sec. 147.  When the interest on any securities belonging to the state permanent school fund is due, the state treasurer shall, upon the warrant of the state controller and in the presence of a majority of the members of the state board of education, cut off and pay the coupon on such securities, and place the moneys so paid into the state distributive school fund, and keep a correct account thereof in his books.

      Sec. 148.  It is hereby made the duty of the state controller, quarterly, to notify the state board of education of the amount of money in the state permanent school fund, and whenever there shall be a sum in said fund sufficient for investment said board shall direct the state treasurer to negotiate for investment of the same in United States securities, or in the bonds of this state, or in the bonds of other states, at the lowest purchasable rates, and the board shall then draw their order upon the controller in favor of the state treasurer for the amount to be invested. Said controller shall thereupon draw his warrant as directed, and the state treasurer shall complete the purchase of the securities negotiated for by him in pursuance of this act; provided, that before any such investment of said school moneys as is contemplated by the provisions of this act is made, said board of education shall require of the attorney-general of this state his legal opinion as to the validity of any act or acts of any state under which said bonds are issued and in which said board of education are about to make an investment; and provided further, that in no case shall any bonds be purchased as herein provided without said board of education making due and diligent inquiry as to the financial standing and responsibility of the state or states whose bonds it is proposed to purchase.

      Sec. 149.  It shall be the duty of the county treasurer of each county:

      1.  To receive and hold as a special deposit all public school moneys, whether received by him from the state treasurer or raised by the county for the benefit of the public schools, or from any other source, and to keep separate accounts thereof and of their disbursements;

      2.  On the second Monday of June and on the second Monday of December of each year to notify the superintendent of public instruction of the amount of money in the county school fund subject to distribution;

      3.  To pay over all public school moneys received by him only on warrants of the county auditor, issued upon orders of the boards of school trustees for their respective school districts. All orders issued by the said trustees shall be valid vouchers in the hands of county auditors for warrants drawn upon such orders; provided, that orders for the payment of money for new school buildings and for repairs or furniture amounting to over five hundred dollars must be approved by the superintendent of public instruction before such warrants are drawn;

 


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

κ1911 Statutes of Nevada, Page 225 (CHAPTER 133)κ

 

five hundred dollars must be approved by the superintendent of public instruction before such warrants are drawn;

      4.  On or before the tenth day of July, annually, to make full report to the superintendent of public instruction of the public school moneys received into the county treasury within the school year ending on the last day of June next previous thereto, with a particular statement of the disbursement of the said school moneys, and of any amount of said school moneys which may remain in his hands at the close of the school year, designating the part remaining in the state school fund and the part remaining in the county school fund; and in case of failure or neglect of said county treasurer to make such report, he shall forfeit for the benefit of the county school fund the sum of one hundred dollars from his official compensation, and it is hereby made the duty of the county commissioners, on notice from the superintendent of public instruction of such failure or neglect on the part of any county treasurer, to deduct said one hundred dollars from his compensation and place said amount to the credit of the county school fund.

      Sec. 150.  No tax collector or county treasurer shall receive any fees or compensation whatever for collecting, receiving, keeping, transporting, or disbursing any school moneys mentioned in the preceding sections of this act. In case of a special school tax for any school district, as provided in sections 140 and 141 of this act, the board of county commissioners may allow a reasonable compensation for assessing and collecting if such taxes are assessed and collected independently and separate from the regular taxes, such compensation to be paid out of the special taxes thus collected.

      Sec. 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 fraction thereof, as shown by the last preceding school census;

      2.  He must ascertain the total number of teachers in the state by adding together the number of teachers assigned to several school districts upon the basis of one teacher to each thirty school census children or fraction thereof;

      3.  He must apportion seventy per cent of the state distributive school fund, subject to apportionment at that time among the several school districts of the state in proportion to the number of teachers in each school district, upon the basis of one teacher to each thirty school census children or fraction thereof as shown by the last preceding school census;

Duties of county treasurer

 

 

 

 

 

 

 

 

 

 

 

 

 

No fees for handling school moneys

 

 

 

 

 

 

Apportionment of state distributive school fund


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

κ1911 Statutes of Nevada, Page 226 (CHAPTER 133)κ

 

 

Apportionment of state distributive school fund

 

 

 

 

 

 

 

 

 

 

 

Apportionment of county school funds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reversion of surplus funds

      4.  He must apportion thirty per cent of the state distributive school fund, subject to apportionment at that time, among the several school districts of the state in proportion to the number of children between the ages of six and eighteen years in each school district as shown by the last preceding school census.

      Immediately after making the apportionment of the state distributive school fund in the manner prescribed in this act, the superintendent of public instruction shall, by means of a printed report, notify the state controller, the county treasurer, the county auditor, and the clerk of each board of school trustees of the apportionments in detail. He shall also furnish to each county treasurer, under seal of the state board of education, an order on the state controller for an amount of money equal to the full amount of school moneys apportioned to the several school districts of that county from the state distributive school fund, and he shall take such county treasurer’s receipt for the said order.

      Sec. 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 district is entitled by calculating one teacher for every seventy-five census children or fraction thereof as shown by the last preceding census report;

      2.  He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several school districts upon the basis of one teacher to each seventy-five census children or fraction thereof;

      3.  Forty per cent of the amount of the county school fund shall be apportioned equally to each school district for every teacher assigned to it upon the basis of seventy-five census children or fraction thereof;

      4.  All school moneys remaining on hand in the county school fund after apportioning forty per cent of the county school fund equally to each school district for every teacher assigned it upon the basis of seventy-five census children or fraction thereof, must be apportioned to the several school districts in proportion to the number of school census children between the ages of six and eighteen years as shown by the last preceding school census.

      The superintendent of public instruction shall by means of a printed report notify the county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail.

      Sec. 152 1/2.  On or before the tenth day of July of each school year the county auditor in each county shall report to the superintendent of public instruction the amount of moneys in the state and county funds to the credit of each school district in his county.


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

κ1911 Statutes of Nevada, Page 227 (CHAPTER 133)κ

 

in the state and county funds to the credit of each school district in his county.

      The superintendent of public instruction shall, upon receipt of such report, deduct from the total amount of money to the credit of each of the school districts, all amounts over and above two hundred and fifty dollars for each teacher assigned to said district upon the basis of one teacher for every thirty census children or fraction thereof, as shown by the last preceding school census; provided, that if the county auditor shall have his accounts so arranged that the state school fund account is entirely separate from the county school fund account, then he shall notify the superintendent of public instruction of the amount in each fund to the credit of each school district, and the superintendent of public instruction shall deduct from the state school fund all amounts in excess of one hundred and fifty dollars for each teacher assigned to such school district on the basis of one teacher to every thirty school census children or fraction thereof, as shown by the last preceding school census, and he shall also deduct from the county school fund all the amounts in excess of one hundred dollars for each teacher assigned to the district on the basis of one teacher for every thirty school census children or fraction thereof, as shown by the last preceding school census; provided, further, that if the sum of the balances in the state school fund and the county school fund of any school district on the first day of July does not exceed two hundred and fifty dollars for each teacher assigned to the district on the basis of one teacher to each thirty census children or fraction thereof as shown by the last census, the superintendent of public instruction shall not make the deductions as provided in this section, and in no case shall the superintendent of public instruction deduct such amounts from the school funds of any district as will make the balance in the funds of the district less than two hundred and fifty dollars for each teacher assigned to the district upon the basis of one teacher to every thirty school census children or fraction thereof, as shown by the last preceding school census.

      The amounts deducted from the several school funds of each county as provided in the above paragraph shall be placed to the credit of the unapportioned county school fund of the county, and be apportioned with the said county fund.

      The superintendent of public instruction shall, at the time of making the deductions in accordance with this act, notify each county auditor and county treasurer of his action, and the county auditor and county treasurer shall make such entries in their accounts as will show that such deductions have been made; provided, that this section shall not apply so as to remove from the funds of any school district any moneys derived from any source other than by apportionments from the state fund or the county fund.

      If the trustees of any school district shall certify to the superintendent of public instruction that a new building, or repairs on an old school building, are necessary to the district, and that the trustees have been authorized by vote of the district, if a vote is required, to build such new school building, or to make such needed repairs, or that the balance in the funds of the district is necessary for the maintenance of school in the district, and that the trustees have estimated that the cost of such new school building, needed repairs, or school maintenance is to be .......................

 

Duties of state superintendent


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

κ1911 Statutes of Nevada, Page 228 (CHAPTER 133)κ

 

New buildings and repairs, how provided for

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Method for apportioning district school library fund

 

 

 

 

 

Amount for libraries, how determined

 

Books approved by state board

 

 

Trustees authorized

on an old school building, are necessary to the district, and that the trustees have been authorized by vote of the district, if a vote is required, to build such new school building, or to make such needed repairs, or that the balance in the funds of the district is necessary for the maintenance of school in the district, and that the trustees have estimated that the cost of such new school building, needed repairs, or school maintenance is to be ....................... dollars, the superintendent of public instruction shall make whatever investigation he may deem best and if he shall become satisfied that such new building or repairs are necessary in the district, or that the balance in the funds of the district is necessary for the maintenance of school in the district, and that the amount estimated to be spent for such new building, repairs, or maintenance of school is a reasonable amount to be set aside for the purpose mentioned, he shall not make the deductions as provided in this section, but he shall make such deductions as will leave the funds in the district, an amount equal to the estimated amount to be spent for such new building, repairs, or maintenance of school, together with two hundred and fifty dollars for each teacher assigned to that district upon the basis of one teacher for every thirty census children or fraction thereof as shown by the last preceding school census.

 

Chapter 11

district school libraries

 

      Sec. 153.  It shall be the duty of the superintendent of public instruction in July of each year, after apportioning the public school moneys of each county among its respective districts, to set apart for each district out of the money thus appropriated to such district a sum of not less than three dollars nor more than five dollars for each teacher to which the district is entitled, calculating one teacher for every seventy-five census children or fraction thereof, and the further sum of not less than five cents nor more than ten cents for each census child as shown by the last school census, and the sums thus apportioned shall constitute for each district a library fund.

      Sec. 154.  The amount of money to be set apart and apportioned, within the limits provided by the preceding section, shall be determined by the superintendent of public instruction.

      Sec. 155.  The moneys herein designated and apportioned shall be expended for the purchase of books, approved by the superintendent of public instruction for the public school library of each district, and for no other purpose and shall be paid out and expended as the other school funds of such district are now paid out.

      Sec. 156.  The board of school trustees of each district in this state is hereby authorized and directed to purchase books for public school libraries in accordance with the provisions of this act.

      Sec. 157.  The superintendent of public instruction is hereby authorized and directed to make such rules and regulations for the purchase of books provided for, and for the preservation and use thereof, as may be proper, provided such rules and regulations do not in any wise conflict with the laws of the state.


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

κ1911 Statutes of Nevada, Page 229 (CHAPTER 133)κ

 

authorized and directed to make such rules and regulations for the purchase of books provided for, and for the preservation and use thereof, as may be proper, provided such rules and regulations do not in any wise conflict with the laws of the state.

 

Chapter 12

school books

 

      Sec. 158.  As now and heretofore provided by law, there shall be a text-book commission, to consist of members of the state board of education and of four additional members appointed by the governor. The four members appointed on this commission by the governor during the month of January, 1911, shall hold office from the date of appointment to the first day of March, 1915. During the month of February, 1915, and during the month of February every four years thereafter, the governor shall appoint four members of said commission, who shall hold office for four years from and after the first day of March succeeding their appointment, and who, with the members of the state board of education, shall constitute the state text-book commission. Such appointees shall be persons actively engaged in school work. They shall take the constitutional oath and have the same filed in the office of the secretary of state before entering upon the duties of their office. If any vacancy occur during the terms of such appointees, by death, resignation, or removal, the governor shall fill such vacancy by the appointment of some person eligible as provided above.

      Sec. 159.  The governor shall be ex officio president and the superintendent of public instruction ex officio secretary of said text-book commission. The commission shall adopt rules of procedure in harmony with the provisions of this act. Four members of the commission shall constitute a quorum for the transaction of business, but no action shall be taken by the commission unless a majority of the entire commission shall vote in favor thereof. All meetings of the commission shall be public, and the secretary shall keep a full and correct record of all proceedings, which record shall be open to the inspection of the public. Vote on the adoption of all text-books shall be by roll-call and the secretary shall record the name and vote of each member.

      Sec. 160.  The state text-book commission shall hold its meetings to adopt text-books in the office of the superintendent of public instruction in Carson City on the third Tuesday in June, nineteen hundred and eleven, and on the third Tuesday in June every four years thereafter. The secretary at the request or with the consent of any three members of the board, may call special meetings of the text-book commission whenever there may be business to transact of such importance as to justify the call, stating definitely the purpose of the meeting. At the meeting held on the third Tuesday in June, nineteen hundred and eleven, and every four years thereafter on the third Tuesday in June, the commission shall adopt a uniform series of text-books for exclusive use as text-books in all the public schools of the state.

Rules for libraries

 

 

 

 

 

 

 

Text-book commission, how composed

 

 

 

 

 

 

 

 

 

 

 

 

Officers of text-book commission

 

 

 

Meetings public

 

 

 

 

Method of adopting text-books


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

κ1911 Statutes of Nevada, Page 230 (CHAPTER 133)κ

 

 

 

 

 

 

 

 

 

 

 

Meetings of commission

 

 

 

 

 

 

 

 

 

 

 

Methods of awarding contracts

Tuesday in June, the commission shall adopt a uniform series of text-books for exclusive use as text-books in all the public schools of the state. If a contract for any text-book adopted at any regular meeting of the text-book commission shall expire, either through the failure of the publishers of said book to fulfil the conditions of the contract, or for any other reason, the text-book commission may adopt another book to take the place of the one on which the contract has lapsed, after notifying the text-book publishers as hereinafter provided for in cases of regular adoption. When regular adoptions are being made the commission may adjourn from day to day; provided, the session shall not continue beyond ten actual days.

      Sec. 161.  Immediately after the first meeting of the commission, and not later than the first day of April, 1911, and every four years thereafter, if the commission shall deem it advisable to make changes in the list of prescribed text-books, the secretary of the commission shall notify all publishers of text-books who shall have placed their names and postoffice addresses on file with the superintendent of public instruction, to be kept on file in the office of said superintendent of public instruction, that the text-book commission will meet, as herein provided, and will receive sealed proposals, up to twelve o’clock, noon, of said third Tuesday of June, 1911, and up to twelve o’clock, noon, of the third Tuesday of June every four years thereafter, for supplying the State of Nevada with a series of text-books for use in all the public schools of the state, for a period of four years from and after the first day of September, 1911, and for like periods of four years from and after the first day of September every four years thereafter, in the following branches, viz.: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and will also approve other books for supplemental use, as permitted in this act. Said sealed proposals shall be made in accordance with a form to be prescribed by the commission and shall be addressed to the superintendent of public instruction, Carson City, Nevada; and shall be indorsed “Sealed proposals for supplying text-books for use in the State of Nevada.” Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books, and the retail price at which publishers will agree to furnish each text-book to the school children of Nevada at one or more place in each county as shall be designated by the commission. Whenever any contract shall be terminated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the text-book commission shall notify publishers to this effect, in a manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired term of such contract, and that sealed bids shall be filed with the superintendent of public instruction on or before a date to be determined by the commission, to be specified in the notification to publishers.


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

κ1911 Statutes of Nevada, Page 231 (CHAPTER 133)κ

 

before a date to be determined by the commission, to be specified in the notification to publishers.

      Sec. 162.  The publishers, contracting and agreeing to furnish books for use in the State of Nevada under the provisions of this act, shall cause to be prepared a special map and a special supplement descriptive of Nevada for the geography adopted by said commission. The map and special descriptive geography of Nevada shall be revised every four years by the publishers. They shall further agree to maintain the mechanical excellence of the books adopted by said commission, fully equal to the samples submitted, in binding, printing, quality of paper, and other essential features, and the books shall be of the latest revised edition.

      Sec. 163.  It shall be the duty of said text-book commission to meet at the time and place mentioned in said notice and to open all sealed proposals in public, in the presence of a quorum of said commission, to select and adopt such text-books for use in the public schools, and to approve such supplemental books as in the opinion of the commission will best subserve the educational interests of the state; provided, however, that the text-book commission may, at its discretion, reject any and all proposals, if it be deemed by it to be to the interest of the state so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than thirty days from the rejection of the previous proposals.

      Sec. 164.  The series of text-books so selected and approved by said text-book commission shall be certified to by the president and secretary, and said certificate, with a copy of the books named therein, shall be placed on file in the office of the superintendent of public instruction. Such certificate must contain a complete list of all books adopted and approved by said commission, giving introductory, exchange, and retail prices for which each text-book will be furnished, and the names of the publishers agreeing to furnish the same. The said books named in said certificate shall, for a period of four years, from and after the first day of September next following the date of such adoption, be used in all the public schools of the state to the exclusion of all others; provided, however, that nothing in any part of this act shall be construed so as to prevent the purchase or use by the district of any supplemental or reference books for use in the schools of this state.

      Sec. 165.  The text-book commission shall have power to make such contracts for the purchase and use of text-books in the name of the state as they shall deem necessary, for the interests of the public schools of the state. Such contracts shall set forth the introductory, exchange, and retail price of each text-book, and such prices shall not be less favorable than the prices at which such books are sold in any other state; and such contract shall provide, further, that the contracting publisher shall, during the life of the contract, keep on hand at one or more depositories, in each county as shall be designated by the commission, a sufficient number of copies of such text-books to supply the needs of the schools of the state, as ordered by the keepers of said depositories.

 

 

Geographies to contain special matter for Nevada

 

 

 

 

 

Commission to adopt text-books

 

 

 

 

 

 

 

Commission’s choice the standard for Nevada schools

 

 

 

 

 

 

Supplemental books allowed

 

Commission shall make contracts


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

κ1911 Statutes of Nevada, Page 232 (CHAPTER 133)κ

 

 

 

 

 

Contractors to give bonds

 

 

Proviso

 

 

 

 

 

 

 

 

Contracts, when in effect

 

 

 

Contracts void, when

 

 

 

 

 

 

 

 

 

 

Price of textbooks promulgated

on hand at one or more depositories, in each county as shall be designated by the commission, a sufficient number of copies of such text-books to supply the needs of the schools of the state, as ordered by the keepers of said depositories.

      Sec. 166.  All publishers contracting to furnish text-books adopted by the text-book commission shall be required to give bonds in an amount equal to one-half of the value of the books to be furnished during one school year, as estimated by the text-book commission, and such bonds shall be forfeited to the state distributive school fund, if such publishers fail to comply with the terms of the contract in any county of the state; provided, however, that such bonds shall not be forfeited through the unauthorized action of text-book dealers in this state if such publisher shall, upon notification by the superintendent of public instruction, promptly correct any violation of contract prices on the part of any local dealer. Upon information furnished by the state text-book commission, the attorney-general shall bring action for the recovery of the amount of any such bond of any publisher who shall have failed to comply with the terms of any contract, and the full amount named in such bond shall be deemed to be fixed and liquidated damages for the breach of such contract.

      Sec. 167.  Such contract with the publishers of text-books shall not take effect until such publishers shall have filed with the secretary of state, their bond, with at least two sufficient sureties, or a bond from a bonding company authorized to do business in this state, to be approved by the governor, and in such sum as shall be determined by the text-book commission.

      Sec. 168.  In case the publishers of any text-books adopted by the text-book commission shall not, on or before the fifteenth day of July next following such adoption, have filed with the secretary of state a bond as hereinbefore provided, or in case such publishers shall at any time thereafter fail to comply with the terms of such contract, and if within reasonable time, after due notice shall have been given by the superintendent of public instruction, they shall have failed to comply with the conditions of the contract in any respect, the adoption of said books shall become null and void. The text-books adopted by the said text-book commission under this act shall, upon the compliance of the publishers with the aforesaid conditions, continue in use for the period of four years after the first day of September next following the date of such adoption, to the exclusion of all other text-books.

      Sec. 169.  Whenever the publishers of the books adopted under the provisions of this act shall have filed their bond as herein provided, it shall be the duty of the superintendent of public instruction to cause all prices of text-books as guaranteed by the publishers to be printed and distributed among the superintendents and school trustees, and it shall be the duty of the school trustees in each district to cause such prices to be kept constantly posted in a conspicuous place in each schoolroom.


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

κ1911 Statutes of Nevada, Page 233 (CHAPTER 133)κ

 

to be kept constantly posted in a conspicuous place in each schoolroom.

      Sec. 170.  The text-books adopted by the text-book commission shall be used in every public school in the state in the grades for which they are adopted, and no other books shall be used as text-books in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the use of supplemental books purchased by the district. Any school officer or teacher who shall violate the provisions of this act by requiring the pupils to use text-books other than those adopted by the text-book commission, or by permitting the use of such other books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars. All superintendents and school officers are charged with the execution of this law, and the superintendent of public instruction shall require the trustees of the several school districts, or the clerks thereof, to report annually as to the text-books used in their schools.

      Sec. 171.  The members of the state text-book commission shall, with the exception of the governor, the superintendent of public instruction, and the president of the university, receive the sum of five dollars per diem for each day actually engaged in transacting the business of the commission, and actual traveling expenses. There is hereby appropriated the sum of five hundred dollars per year, or so much thereof as may be necessary to carry out the provisions of this act, from the state general fund. Bills for such compensation shall be allowed and paid in the usual manner. The state text-book commission shall not be in session more than ten days in any one year.

      Sec. 172.  Any person who shall sell or bargain to sell any of the regularly adopted text-books for any amount more than the prices agreed upon by the several text-book publishers and the text-book commission, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars; provided, that any local dealer in the state may, when sending out such books by mail, include in the selling price the cost of the postage necessary to send such books by mail.

 

Chapter 13

county high schools

 

      Sec. 173.  There may be established in any county in this state a high school; provided, that at any general or special election held in said county after the passage of this act, a majority of all the votes cast at such election, upon the proposition to establish a high school shall be in favor of establishing and maintaining such high school at the expense of said county.

      Sec. 174.  The board of county commissioners at any general election to be held in any county after the passage of this act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing and maintaining a county high school to the qualified electors thereof.

 

Use of authorized books compulsory

 

 

 

 

Penalty

 

 

 

Annual report

 

Per diem of appointed commissioners

 

 

 

 

 

 

 

Penalty for overcharge on books

 

 

 

 

 

 

 

 

 

County high schools, when established by popular vote


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

κ1911 Statutes of Nevada, Page 234 (CHAPTER 133)κ

 

County commissioners to submit question to popular vote

 

 

 

 

 

 

Ballots

 

 

 

 

 

 

 

Location of school, how determined

eral election to be held in any county after the passage of this act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing and maintaining a county high school to the qualified electors thereof. The board of county commissioners, upon the presentation of said petition, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words “For a County High School” and the words “Against a County High School.” The votes cast for and against said county high school at any election therefor, shall be counted and the returns thereof made and canvassed in the manner provided for by law for counting, making returns, and canvassing the votes of a general election; provided, that the election officers appointed to conduct any special election held in accordance with this act, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor.

      Sec. 175.  If a majority of the votes cast on a proposition to establish a county high school shall be in the affirmative, it shall be the duty of the board of county commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county where the said board shall deem most suitable and convenient for the purpose. If, after the county commissioners shall have located said high school, there shall be presented a certified petition bearing the signatures of at least one-fourth of the qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said board of county commissioners shall submit the question of such location to the voters of the county at the next general election, or a special election called for the purpose of voting upon the question of locating or changing the county high school; provided, that in all cases where special elections have been called by the board of county commissioners of any county of this state previous to the passage of this act to submit the question of location of any county high school to the voters in any such county wherein two thousand or more votes were cast at the last general election, and wherein the assessed valuation of real and personal property is six million dollars or more, the board of county commissioners may, if said board deems it to the best interest of the people of such county, establish two county high schools; one at the place selected by the board of county commissioners and one at the place named in the petition presented to the said board of county commissioners praying for said special election in said county, and thereupon the said board may revoke the order calling said special election, and in such cases no special election shall be held.


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κ1911 Statutes of Nevada, Page 235 (CHAPTER 133)κ

 

and in such cases no special election shall be held. At any general or special election at which the location of any county high school is submitted to the voters of the county, the form of ballot shall be:

      Shall the County High School be located at............? Yes......

      Shall the County High School be located at............? No.......

In any other respects the provisions of the general election law shall be followed. If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the county board of education to cause the high school to be located at such place, not later than the first day of the next following September. While the vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made. When the location of the county high school has been finally determined, the board of county commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, and fencing and ornamenting the grounds shall not be made, if previous to the time when the commissioners are to make such estimate the legislature shall have authorized said county to issue bonds for such purpose.

      Sec. 176.  When such estimate shall have been made, the board of county commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county, sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll and collected, and the amount so collected shall be deposited in the county treasury and be known and designated as the “County High School Fund,” and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by school trustees; provided, however, that the tax levy for purchasing suitable grounds, procuring plans and specifications, erecting a building, and furnishing the same, fencing and ornamenting the grounds, may be deferred as long as a sufficient number of suitable rooms in a public school building can be secured for the purposes of such county high school at reasonable rental. In case such levy be deferred until after the election of a county board of education, the levy shall be made by the board of county commissioners whenever so ordered by the county board of education, and the board of education shall be charged with the duty of purchasing grounds and erecting and furnishing such school building.

      Sec. 177.  The board of county commissioners shall act as a county board of education in the performance of the duties hereinbefore mentioned and shall continue to perform the duties of the county board of education until a county board of education shall have been elected or appointed and qualified as hereinafter provided, and at such time the board of county commissioners shall transfer all property and control of said school to the county board of education, who shall hold the same in trust for the county.

 

Form of ballot

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax levy


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κ1911 Statutes of Nevada, Page 236 (CHAPTER 133)κ

 

Temporary county board of education

 

 

 

 

 

County board of education elected

 

 

 

 

 

 

 

Duties of board

 

 

 

 

 

 

Tax levy

 

 

 

 

 

 

 

Eligible pupils

a county board of education in the performance of the duties hereinbefore mentioned and shall continue to perform the duties of the county board of education until a county board of education shall have been elected or appointed and qualified as hereinafter provided, and at such time the board of county commissioners shall transfer all property and control of said school to the county board of education, who shall hold the same in trust for the county.

      Sec. 178.  At each general election there shall be elected a county board of education, to consist of three members, two of whom shall serve two years, and the other four years, and thereafter at each regular biennial election there shall be elected two members of said board, one of whom shall serve for two years and the other for four years. Each person elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on said board, it shall be the duty of the superintendent of public instruction to appoint a member for the unexpired term.

      Sec. 179.  It shall be the duty of the county board of education to furnish annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school; to enforce the uniform high-school course of study adopted by the state board of education; to employ teachers holding Nevada state certificates of the high-school grade in full force and effect; to hire janitors and other employees, and discharge such employees when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school.

      Sec. 180.  It shall be the duty of the board of county commissioners to include in their annual tax levy the amount estimated by the county board of education as needed to pay the expenses of conducting the county school; and such amount, when collected and paid into the county treasury, shall be known as the “County High School Fund,” and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school in the manner now provided by law for drawing money from the county treasury by school trustees.

      Sec. 181.  All county high schools shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the state; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the state board of education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the direction and authority of the state board of education.

      Sec. 182.  Nothing in this act shall be construed so as to prevent the principal of the county high school from acting as principal of the grammar school of the district in which the county high school is located if so desired by the trustees of said school district and the county board of education.


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κ1911 Statutes of Nevada, Page 237 (CHAPTER 133)κ

 

principal of the grammar school of the district in which the county high school is located if so desired by the trustees of said school district and the county board of education.

      Sec. 183.  The county high school shall be under the same general supervision and shall be subject to the same laws, rules, and regulations governing the other schools of the state school system.

      Sec. 184.  The county board of education is hereby empowered to provide for the rental, purchase, or erection of a suitable dormitory or dormitories and dining hall for high-school students, and to provide for the support, maintenance, and management of the same. The said dormitory or dormitories shall be considered part of the regular high-school equipment and organization.

 

Chapter 14

normal training schools

 

      Sec. 185.  Upon notification by the county board of education in counties where a county high school is in operation, or of the board of trustees of the school district in which the county-seat is located, in counties not having an established county high school, that the said county board of education or board of trustees and the board of county commissioners of the county have decided by a majority vote of each of the said boards to establish a normal training school, and that there are at least five bona fide applicants for a normal training course in such school, the state board of education shall, subject to the provisions herein named, grant permission to establish and maintain a normal training school for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this state; provided, that no such normal training school shall be established in any county having within its borders a state normal school or state university; and, provided further, that but one such normal training school shall be established in any county.

      Sec. 186.  The state board of education shall constitute the normal training school board.

      Sec. 187.  The duties of the normal training school board shall be as follows:

      1.  To determine the qualification for admission to the normal training school; provided, that applicants who do not hold a diploma from an accredited high school or a teacher’s certificate of at least the primary grade shall be required to pass an entrance examination. And said examination shall include all subjects taught in the high schools as provided by the laws of this state;

      2.  To establish a course of study to be pursued for a period of not less than thirty-six weeks;

      3.  To grant certificates of graduation to such persons as finish the course adopted in such form as the normal training school board shall prescribe.

      Sec. 188.  The certificate of graduation shall entitle the holder thereof to a second-grade elementary certificate without further examination, and said certificate shall entitle the holder thereof to teach in any of the rural schools of this state not employing more than one teacher, and said certificate shall not be good for more than two years.

Principal may supervise other schools

 

Under general laws

 

 

Dormitories and dining halls

 

 

 

 

 

 

 

How established

 

 

 

 

 

 

 

 

 

 

 

 

Training school board

 

 

Duties of training school board


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

κ1911 Statutes of Nevada, Page 238 (CHAPTER 133)κ

 

Graduation certificate

 

 

 

 

 

 

Provisions for maintaining schools

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authority conferred

 

 

 

 

 

 

 

Bonds may be issued

holder thereof to a second-grade elementary certificate without further examination, and said certificate shall entitle the holder thereof to teach in any of the rural schools of this state not employing more than one teacher, and said certificate shall not be good for more than two years.

      Sec. 189.  For the purpose of maintaining such normal training schools as are herein described, it is further provided:

      1.  That the county in which a normal training school shall be established shall provide rooms with heating and equipment satisfactory to the normal training school board for the purposes of such school;

      2.  Upon certification of the state board of education that a normal training school has been established in any county, that the school has been properly equipped, that at least five bona fide students are in actual attendance, and that a competent normal-training teacher is employed, the state controller shall on the first day of October and the first day of February of each year set aside from any money in the state general fund not otherwise appropriated, a sum designated by the state board of education not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the normal training school salary fund for ................... County, to be used in payment of the teacher’s salary and to be drawn from the state treasury in the usual manner. Any money remaining in such fund on the thirty-first day of August of each year shall revert to the state general fund;

      3.  In any county establishing a normal training school the normal training school board shall, previous to the first day of September in each year, estimate the cost of maintaining the rooms and equipment of the normal training school for the ensuing year and certify the amount estimated to the board of county commissioners of said county; provided, such estimate shall not exceed the amount of five hundred dollars for any one year. Claims for equipment and maintenance shall be just and legal charges upon the general fund of said county; provided, that not more than the amount estimated shall be allowed for any one year.

      Sec. 190.  The normal training school board is hereby given the power to make and put into effect any and all rules and regulations necessary to the proper conduct of any normal training school established under and by virtue of the provisions of this act.

 

Chapter 15

school district bonds

 

      Sec. 191.  Any school district of the state, now existing or which may hereafter be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building or buildings, maintaining the same, purchasing grounds on which to erect such building, or buildings, or for refunding floating indebtedness, or for any or all of these purposes, by issuing negotiable coupon bonds of the district in the manner by this act provided.


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κ1911 Statutes of Nevada, Page 239 (CHAPTER 133)κ

 

purposes, by issuing negotiable coupon bonds of the district in the manner by this act provided.

      Sec. 192.  When the board of trustees of any school district shall deem it necessary to incur an indebtedness authorized by this act by issuing the negotiable coupon bonds of the district, said board of trustees shall first determine the amount of such bonds to be issued, and a certificate of such determination shall be made and entered in and upon the records of said district. Thereupon the board of school trustees shall, by resolution duly made and entered in and upon the records of said board, submit the question of contracting a bonded indebtedness for any of the purposes authorized by this act to a vote of the duly qualified electors of the district at the next general election of the school trustees, or at a special election which the school trustees are hereby authorized to call for such purpose.

      Sec. 193.  The election provided in this act shall be called and held, and the vote canvassed and returned, in all respects as nearly as may be in accordance with the provisions of law now governing the election of school trustees; provided, that if there is a newspaper published in the school district, the notice shall be published for at least once a week for two successive weeks, preceding said election. The election notice must contain:

      First-The time and place of holding such election.

      Second-The names of inspectors to conduct the same.

      Third-The hours during the day in which the polls will be open.

      Fourth-The amount and denomination of the bonds, the rate of interest and the number of years, not exceeding twenty, the bonds are to run. All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the words “For the Bonds” or “Against the Bonds.” The ballots shall be deposited in a separate box provided by the school trustees for that purpose.

      Sec. 194.  If upon the official determination of the result of such election it appear that a majority of all the votes cast are “For the Bonds,” the board of trustees, as soon as practicable, shall issue the negotiable coupon bonds of the district in such form and denomination as the board of trustees may direct, said bonds to run for a period not to exceed twenty (20) years from the date of issue, and bearing interest at a rate not exceeding eight (8%) per cent per annum, payable semiannually, both principal and interest payable at such place as the board of trustees may direct, said bonds not to be sold for less than their par value. And before said sale is made notice of such proposed sale must be given by publication, in a newspaper, if there is a newspaper published in the district, for at least one week before said bonds are disposed of, inviting sealed bids to be made for said bonds, and said bonds are to be sold to the highest and best bidder for said bonds; provided, if there is no newspaper published in said school district, the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of.

 

 

Question of issuing bonds submitted to popular vote

 

 

 

 

 

 

 

Election, how conducted

 

 

Election notice

 

 

 

 

 

 

 

 

 

Bonds to run no longer than twenty years

 

 

 

 

 

Sale of bonds to be published


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

κ1911 Statutes of Nevada, Page 240 (CHAPTER 133)κ

 

 

 

 

 

Bonds signed

 

Seal

 

Register of bonds

 

 

 

 

 

 

 

Special tax for interest and redemption of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sinking fund

best bidder for said bonds; provided, if there is no newspaper published in said school district, the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of.

      Sec. 195.  All bonds issued under the provisions of this act shall be signed by the chairman of the board of trustees and be duly attested by the clerk thereof, and shall bear the seal of the district if the district has a seal, and shall be countersigned by the county treasurer.

      Sec. 196.  Before any district shall issue bonds under the provisions of this act, all such bonds shall be presented to the treasurer of the county to be duly registered by him in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment, and the rate of interest, and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry the bonds shall be at the disposal of the board of trustees of the district issuing the same, to be sold for the purpose of raising funds for the objects designated by this act.

      Sec. 197.  Whenever any school district shall issue any bonds under the provisions of this act it shall be the duty of the board of commissioners of the county in which such district may be situated to levy and assess a special tax on all the taxable property of such district in an amount sufficient to pay the interest thereon when the same shall become 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 if there shall be any surplus after paying said interest and the expenses of collecting such special tax, the treasurer shall without delay pass the same to the credit of such school district, and such funds so passed to the credit of the district shall be subject to the disposal of the board of trustees; and beginning with the year the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected on all property of the school district, including the net proceeds of mines, sufficient to pay annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed, and collected in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the “Sinking Fund,” and shall be used only in the payment of such bonds. The sinking fund thus provided may be applied to the purchase and cancelation of the outstanding bonds of the district. At the maturity of such bonds the county treasurer shall call in and pay such bonds and accrued interest thereon and duly cancel the same, and certify his action to the board of trustees of the school district.


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κ1911 Statutes of Nevada, Page 241 (CHAPTER 133)κ

 

bonds and accrued interest thereon and duly cancel the same, and certify his action to the board of trustees of the school district.

      Sec. 198.  No change in the boundary lines of any school district shall release the taxable real property of the district from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such school district so as to leave any portion of the taxable real property of the district which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 199.  All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith, from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. And no additional allowance fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act.

      Sec. 200.  Any school district of the state is hereby authorized to borrow money for the purpose of purchasing grounds, erecting buildings, and furnishing, equipping, and maintaining the same, for instruction in industrial training, manual training, domestic science, and agriculture, or for any one or all of these purposes, by issuing negotiable coupon bonds of the district.

      Sec. 201.  Such bonds shall be determined upon, submitted to vote of the district interested, authorized, issued and paid, in accordance with the provisions of sections 191 to 199, inclusive.

      Sec. 202.  No change in the boundary lines of any school district that has been, or may hereafter be, bonded for school purposes shall operate to release any part of the property of such district, as existing prior to such change, from taxation for payment of the outstanding bonds issued prior thereto.

 

Chapter 16

compulsory education

 

      Sec. 203.  Each parent, guardian, or other person, in the State of Nevada, having control or charge of any child between the ages of eight and sixteen years shall be required to send such child to a public school during the time in which a public school shall be in session in the school district in which said child resides; but such attendance shall be excused:

 

 

 

Change in boundary not to release property from taxes

 

 

 

 

 

 

 

 

Taxes constitute lien on property

 

 

 

 

 

Bonds for various purposes

 

 

 

Under general act

 

 

Change in districts not to release responsibility for bonds

 

 

 

 

 

Various excuses for nonattendance


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κ1911 Statutes of Nevada, Page 242 (CHAPTER 133)κ

 

 

 

 

Various excuses for nonattendance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Truancy defined

 

 

 

 

 

 

 

 

 

 

 

 

Punishment of parent

lic school shall be in session in the school district in which said child resides; but such attendance shall be excused:

      1.  When satisfactory evidence is presented to the board of trustees of the school district in which such child resides, that the child’s bodily or mental condition is such as to prevent or render inadvisable attendance at school, or application to study. A certificate from any reputable physician that the child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board;

      2.  When the child has already completed the eight grades of the prescribed grammar-school course;

      3.  When satisfactory evidence is presented to the board of trustees that the child is being taught in a private school, or by a private tutor, or at home, by any person capable of teaching in such branches as are usually taught in the primary and grammar schools of this state;

      4.  When satisfactory evidence is presented to the board of trustees that the child’s labor is necessary for its own or its parent’s support;

      5.  When the deputy superintendent shall determine that the child’s residence is located at such distance from the public school as to render attendance impracticable or unsafe.

      Sec. 204.  Any child shall be deemed a truant, in the meaning of this act, who shall have been absent from school, without valid excuse, more than three days; and absence for any part of day shall be considered as absence for that entire day. The teacher, attendance officer, or other person connected with the schools, shall send or deliver a written notice of such truancy to the parent, guardian, or other person, having control or charge of the child. After such notice has thus been furnished or sent to said parent, guardian, or other person, any child who is absent from school thereafter within the school year, without valid excuse, one or more days or parts thereof, shall again be deemed a truant. Any child shall be declared an habitual truant who shall have been deemed a truant three or more times within the school year. Any child who has once been declared an habitual truant and who in a succeeding year is absent from school, without valid excuse, for one or more days or parts thereof, may again be declared an habitual truant.

      Sec. 205.  Any parent, guardian, or other person having control or charge of any child, to whom notice has been given of truancy, as provided in section 204 of this act, and who fails to prevent the child’s subsequent truancy within that school year, shall be deemed guilty of a misdemeanor, and upon conviction shall be liable, for the first offense, to a fine of not more than ten dollars or imprisonment for not more than five days, and for each subsequent offense he shall be liable to a fine of not less than ten or more than fifty dollars, or to imprisonment for not less than five nor more than twenty-five days, or to both such fine and imprisonment.


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κ1911 Statutes of Nevada, Page 243 (CHAPTER 133)κ

 

      Sec. 206.  The board of trustees of any school district shall, on the complaint of any person, make a full and impartial investigation of all charges against parents or guardians or other persons having control or charge of any such child, for violation of any of the provisions of this act. If it shall appear upon such investigation that any such parent or guardian or other person has violated any of the provisions of this act, it is hereby made the duty of the clerk of such board of trustees to make and file in the proper court a criminal complaint against such parent, guardian, or other person, charging such violation, and to see that such charge is prosecuted by the proper authorities; provided, that in such school districts having an attendance officer, such officer shall, if so directed by the board of trustees, make and file such complaint, and see that such charge is prosecuted by the proper authorities.

      Any taxpayer, or any school officer or deputy school officer in the State of Nevada shall be eligible to make and file in the proper court a criminal complaint against any parent, guardian, or other person who shall violate any of the provisions of law requiring the attendance of children in the public schools of the state.

      Sec. 207.  The board of trustees of any school district may appoint and remove at pleasure an attendance officer and shall fix the compensation therefor, and shall prescribe the duties of said officer, not inconsistent with law, and make rules and regulations for the performance thereof. It shall be the duty of the attendance officer, or any peace officer, or any other school officer, to arrest during school hours, without a warrant, any child between the ages of eight and sixteen years, who has been reported to him by the teacher, the city superintendent, or other person connected with the schools, as an absentee from instruction upon which he is lawfully required to attend within the school district. Such arresting officer shall forthwith deliver the child so arrested to the teacher, parent, guardian, or other person having control or charge of said child.

      Sec. 208.  Boards of trustees are hereby authorized to set apart any school building or buildings or any room or rooms in any school building or buildings for the establishment of special or ungraded schools, to provide for the instruction of habitual truants as defined in section two of this act, or for pupils who have been insubordinate or disorderly during attendance at school. Boards of trustees are also authorized to purchase sites and erect buildings for such purposes, in the same manner as other school sites and school buildings may be purchased and erected; or boards of trustees may rent suitable property for special or ungraded rooms without being so directed by vote of the district. Teachers of such special or ungraded schools shall have the same qualifications as other teachers in the grades, and shall be paid from the same funds. Boards of trustees are hereby authorized to assign habitual truants and other pupils who have been insubordinate or disorderly during attendance at school to such special and ungraded schools for a period not to exceed the remainder of the school year.

School trustees to make investigation

 

 

 

 

 

 

 

 

 

 

 

 

 

Trustees may appoint and remove attendance officer

 

 

 

 

 

 

 

 

Separate rooms for habitual truants


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κ1911 Statutes of Nevada, Page 244 (CHAPTER 133)κ

 

 

 

 

 

 

 

Persons encouraging truancy punished

 

 

 

 

 

 

 

 

Punishment for false statements

 

 

 

 

 

Disposal of fines

 

 

 

 

 

Misdemeanor to interfere with pupils

 

 

Misdemeanor to disturb school

 

 

 

 

Penalty

orderly during attendance at school to such special and ungraded schools for a period not to exceed the remainder of the school year. Such pupils, however, may be restored to their former room or grade when in the judgment of the board there has been sufficient improvement to warrant the belief that their example and influence will no longer be a detriment to the room to which they shall return.

      Sec. 209.  Any person who induces or attempts to induce any child to be absent unlawfully from school, or who knowingly employs or harbors while school is in session any child absent unlawfully from school, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment. The attendance officer or any other school officer is hereby empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this law are duly complied with, and may demand from all employers of such children a list of children employed, with their names and ages.

      Sec. 210.  Any parent, guardian, or other person who makes a false statement concerning the age or school attendance of a child between the ages of eight and sixteen years who is under his control or charge, such false statement being made with intent to deceive under this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not more than fifty dollars or by imprisonment of not more than twenty-five days, or by both such fine and imprisonment.

      Sec. 211.  All fines collected under the provisions of this act shall be paid into the permanent school fund of the state.

 

Chapter 17

protection of school children

 

      Sec. 212.  It shall be a misdemeanor for any person or persons to detain, beat, whip, or otherwise interfere with any pupil or pupils attending any public school in the State of Nevada on his, her, or their way to or from such school against the will of such pupil or pupils.

      Sec. 213.  It shall be a misdemeanor for any person or persons to disturb the peace of any public school in the State of Nevada by using vile or indecent language, or by threatening or assaulting any pupil or teacher within the building or grounds of such school, and for the purpose of this act the ground of every public school in the State of Nevada shall extend to a distance of fifty yards in all directions from the school building.

      Sec. 214.  Any person or persons convicted of a misdemeanor under either of the foregoing sections of this act shall be subject to a fine not exceeding three hundred dollars or imprisonment in the county jail not to exceed six months, or to both such fine and imprisonment.


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

κ1911 Statutes of Nevada, Page 245 (CHAPTER 133)κ

 

ment in the county jail not to exceed six months, or to both such fine and imprisonment.

 

Chapter 18

protection of school property

 

      Sec. 215.  It shall be a misdemeanor for any person or persons to wilfully and maliciously injure, mark, or deface any church edifice, schoolhouse or other building, public or private, its fixtures, books, or appurtenances, or to commit any nuisance therein, or to purposely and maliciously commit any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the same, or in any manner to maliciously and purposely interfere with or disturb those peaceably assembled within such building or buildings.

      Sec. 216.  Any person or persons convicted of a misdemeanor under the foregoing section of this act shall be subject to a fine, not exceeding two hundred dollars, or to imprisonment in the county jail not to exceed six months, or to both such fine and imprisonment.

 

Chapter 19

location of houses of ill-fame

 

      Sec. 217.  It shall be unlawful for any owner or agent of any owner, or any other person, to keep any house of ill-fame, or to let or rent to any person whomsoever, for any length of time whatever, to be kept or used as a house of ill-fame, or resort for the purpose of prostitution, any house, room, or structure situated within eight hundred yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within eight hundred yards of any church edifice, building, or structure, erected and used for devotional services or religious worship in the State of Nevada.

      Sec. 218.  Any person violating the provisions of section 217 of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five dollars nor more than three hundred dollars, or to be imprisoned in the county jail not less than five nor more than sixty days, or by both such fine and imprisonment, in the discretion of the court.

      Sec. 219.  It shall be the duty of the district attorney and sheriff of each county in this state to see that the provisions of this act are strictly enforced and carried into effect, and upon neglect so to do they, or either of them, shall be deemed guilty of a misdemeanor in office, and may be proceeded against as provided in sections 63 to 72, inclusive, of an act entitled “An act relating to elections,” approved March 12, 1872. (See Cutting’s Compiled Laws, sections 1646 to 1653, inclusive.)

 

Chapter 20

 

      Sec. 220.  The provisions of this act, so far as they are substantially the same as those of existing statutes, shall be construed as a continuation thereof, and not as new enactments.

 

 

 

 

 

 

Injure or deface property

 

 

 

 

 

Penalty

 

 

 

 

 

 

 

 

No disreputable house within 800 yards of school buildings or churches

 

 

 

 

Penalty

 

 

 

 

Duties of sheriff and district attorney

 

 

 

 

 

 

Provisions construed


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

κ1911 Statutes of Nevada, Page 246 (CHAPTER 133)κ

 

 

 

Acts repealed

construed as a continuation thereof, and not as new enactments.

      Sec. 221.  An act entitled:

      1.  An act to define the constitution, organization, powers, and duties of the state board of education and matters properly connected therewith, approved March 16, 1895;

      2.  An act to provide for the reorganization of the system of school supervision and maintenance, to repeal all acts and parts of acts in conflict therewith, and matters properly connected therewith, approved March 29, 1907;

      3.  An act to create a state text-book commission and to authorize said commission to adopt a uniform series of textbooks for the public schools of Nevada, and matters properly connected therewith, approved March 22, 1907;

      4.  An act providing for the date of election of school trustees, and matters properly connected therewith, approved March 16, 1909;

      5.  An act to provide for the election of school trustees, and matters properly connected therewith, approved March 16, 1897;

      6.  An act to amplify the powers of boards of school trustees, approved March 20, 1901;

      7.  An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance, management, and supervision of the same, to repeal all acts and parts of acts in conflict herewith, and matters properly connected therewith, approved March 24, 1909;

      8.  An act for the establishment of normal training schools, and for the maintenance and control of the same, approved March 20, 1909;

      9.  An act to provide for union school districts, and matters properly connected therewith, approved March 3, 1909;

      10.  An act to authorize boards of county commissioners to enlarge the boundaries of certain school districts, or to consolidate two or more into one, and matters properly connected therewith, approved March 11, 1909;

      11.  An act to provide an emergency school fund for new school districts, prescribing its use and manner of disbursement, and other matters properly connected therewith, approved February 13, 1909;

      12.  An act to provide for the disposal of funds and property of abolished school districts, approved March 5, 1909;

      13.  An act to amend an act entitled “An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,” approved March 12, 1907, approved February 8, 1908;


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

κ1911 Statutes of Nevada, Page 247 (CHAPTER 133)κ

 

      14.  An act to enable school districts to issue negotiable coupon bonds for the purpose of erecting, furnishing, equipping, and maintaining buildings for industrial training, manual training, domestic science, and agriculture, or any one or all of these purposes, and providing for the payment of the principal indebtedness and the interest thereon, and other matters properly connected therewith, approved March 16, 1909;

      15.  An act to protect the security of school bonds, approved March 13, 1909;

      16.  An act providing for compulsory education, and other matters properly connected therewith, providing for penalties for the violation of any of the provisions thereof, and repealing any and all prior laws on the subject of compulsory education, approved March 20, 1909;

      17.  An act to secure protection to school children and to preserve the peace of public schools, and matters properly connected therewith, approved March 6, 1893;

      18.  An act to prevent malicious injury to church, school, and other buildings and property, and to protect persons from malicious annoyance, and matters properly relating thereto, approved March 13, 1895;

      19.  An act to regulate houses of prostitution, dance-houses, and houses where beer, wine, or spirituous liquors are sold, approved February 26, 1887;

      20.  An act to exempt teachers from jury duty, approved March 14, 1903;

      21.  An act to require school trustees to procure and hoist on public schoolhouses the United States flag, approved March 13, 1909;

      22.  An act adopting the design of the flag of the State of Nevada, approved February 25, 1905;

      23.  An act establishing Arbor Day, approved February 10, 1887;

      24.  An act to provide for the dissemination of knowledge in the public schools relative to the preservation of song-birds, fish, and game, approved March 12, 1901;

      are hereby repealed and all other acts and parts of acts in conflict with this act are hereby repealed.

Acts repealed

 

________

 

 


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

κ1911 Statutes of Nevada, Page 248κ

CHAPTER 134

 

 

 

 

 

 

 

 

 

 

 

 

Irrigation districts, how organized

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition for organization

Chap. 134–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]

 

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

Assembly, do enact as follows:

 

Chapter 1-Organization of District

      Section 1.  Who May Propose Organization.  Whenever a majority of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source and by the same 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, 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-fourth 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 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 on which they have made such entries shall, for the purpose of said petition, be considered as owned by them.

      Sec. 2.  Petition for Organization.  Whenever it is proposed to form an irrigation district, a petition shall first be presented to the board of county commissioners of the county in which the lands, or the greater portion thereof, are situated, signed by the required number of freeholders of such proposed district, possessing the qualifications provided for in section one of this act, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may be organized under the provisions of this act. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the said board of county commissioners, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all said costs in case said organization shall not be effected.


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

κ1911 Statutes of Nevada, Page 249 (CHAPTER 134)κ

 

Such petition shall be presented at a regular meeting of said board, and a notice thereof shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where said petition is presented, which newspaper shall be designated by said board as the paper most likely to impart notice of the hearing of said petition, the said notice to set forth that said petition has been filed, the time of the meeting of said board to consider said petition, and a description of the territory to be embraced in such proposed district.

      Sec. 3.  Commissioners Define Boundaries.  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 applications 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 waterworks applicable to other lands in such proposed district; nor shall any land be included in such district if the owner thereof shall make application at such hearing to withdraw the same; 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.

      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 of designing the name of such proposed district, and also divide such district into three divisions, as nearly equal in size as may be practicable, and one director, who shall be a freeholder and qualified elector in the division, shall be elected as a director, from such division, by the freeholders who are also qualified electors in the proposed district at large.

 

Notice published

 

 

 

 

 

Commissioners to define boundaries of districts

 

 

 

 

 

 

Proviso

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners


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

κ1911 Statutes of Nevada, Page 250 (CHAPTER 134)κ

 

 

 

 

 

 

 

 

Popular election, when

 

 

 

 

 

 

 

 

Ballots

 

 

Precincts

 

 

 

 

 

Officers of district

 

Qualifications of voters

 

 

 

Election conducted regularly

Canvass of votes

designing the name of such proposed district, and also divide such district into three divisions, as nearly equal in size as may be practicable, and one director, who shall be a freeholder and qualified elector in the division, shall be elected as a 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 freeholders, 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 three 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 directors, as aforesaid, a secretary and a treasurer, who shall be appointed by the board of directors.

      At said election and all elections held under the provisions of this act, all persons who are qualified electors within the proposed district, and who are as well competent signers of the petition as provided in section one of this act who shall be entitled to vote and none others.

      Sec. 4.  Election.  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 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.


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κ1911 Statutes of Nevada, Page 251 (CHAPTER 134)κ

 

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 their respective offices, upon qualifying, in accordance with the law, and shall hold such offices, respectively, until their successors are elected and have qualified.

      Sec. 5.  Elections, When Held.  The regular election of said district shall be held on the first Tuesday after the first Monday in April of each year thereafter, at which shall be elected three directors by the electors of the district at large. The terms of the office of the directors shall be as follows: The directors shall, immediately after the first regular election following such organization, be selected by lot so that one shall hold his office for the term of one year, one for the term of two years, and one for the term of three years, and an election shall be held in each district on the first Tuesday after the first Monday in April of each year thereafter, at which one director shall be elected for a term of three years, or until his successor is elected and qualified. 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 fifteen thousand dollars ($15,000), 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.

      Sec. 6.  Directors.  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.

Canvass of vote

 

 

 

 

 

 

 

 

 

 

 

 

Subsequent elections regularly held

 

 

 

 

Terms of office

 

 

 

 

 

Official bonds

 

 

 

 

 

 

Directors

 

 

Election notice


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

κ1911 Statutes of Nevada, Page 252 (CHAPTER 134)κ

 

Election notice

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Election conducted same as general election

 

 

 

 

 

 

Canvass of returns

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, one of whom shall act as clerk, 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 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, designate 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 election laws of the state as far as they are applicable, and must be at their places of registration to receive applications for registration, from 9 o’clock a. m. to 9 o’clock p. m., on each of 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 resident in, and 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.

      Sec. 7.  Conduct of Election-Canvass of Returns-Filling of Vacancies.  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. 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 the state; 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.


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

κ1911 Statutes of Nevada, Page 253 (CHAPTER 134)κ

 

trict, 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. 8.  Voting, and Count of Ballots.  Voting may commence as soon as the polls are open and may continue during all the time the polls remain open, and shall be conducted, as nearly as practicable, in accordance with the provisions of the law relating to elections. As soon as the polls are closed, the judge shall open the ballot-box and shall commence counting the votes; and in no case shall the ballot-box be removed from the room in which the election is held until all the ballots have been counted. The counting of ballots shall in all cases be public. The ballots shall be taken out one by one by the chairman of the board of election or one of the judges, who shall open them and read aloud the name of each person contained thereon and the office for which every such person is voted for. Each clerk shall write down each office to be filled, and the name of each person voted for for such office, and shall keep the number of votes by tallies as they are read by such chairman or judge. The counting of votes shall continue without adjournment until all the votes have been counted.

      Sec. 9.  Disposal of Ballots.  As soon as all votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll-list and tallies, or attached thereto, stating the number of votes each one voted for has received, and designating the office to be filled for which he was voted for, which number shall be written in words and figures at full length. Each certificate shall be signed by all the members of the board of election and by both clerks. One of said certificates, with the poll-list and tally-paper to which it is attached, shall be retained by the chairman of the board of election, and preserved by him for at least thirty days. The ballots shall be strung on a cord or thread by said chairman, during the counting thereof, in the order in which they are entered upon the tally-lists by the clerks; and said ballots, together with the other of said certificates, with the poll-list and tally-paper to which it is attached, shall be sealed by the said chairman in the presence of the other of said judges and clerks, and endorsed “Election returns of ................

 

 

 

 

 

 

 

 

Certificates of election

 

 

Vacancies, how filled

 

 

 

 

Voting

 

 

 

 

 

Count of ballots

 

 

 

 

 

 

Ballots, how disposed of


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

κ1911 Statutes of Nevada, Page 254 (CHAPTER 134)κ

 

Ballots, how disposed of

 

 

 

 

 

 

 

 

 

 

 

Informalities disregarded

 

 

 

Canvass made public

 

 

 

Statement of result

 

 

What statement must show

 

 

 

 

 

 

 

 

 

Election of officers

shall be strung on a cord or thread by said chairman, during the counting thereof, in the order in which they are entered upon the tally-lists by the clerks; and said ballots, together with the other of said certificates, with the poll-list and tally-paper to which it is attached, shall be sealed by the said chairman in the presence of the other of said judges and clerks, and endorsed “Election returns of ................ precinct,” and be directed to the secretary of the board of directors; it shall be immediately delivered by said chairman or by other safe and responsible carrier designated by him, to said secretary, and the ballots shall be kept unopened for at least thirty days, and if any person be of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board of directors to open and canvass the returns, and demand a recount of the precinct that is claimed to have been incorrectly counted.

      Sec. 10.  Informalities Disregarded-Postponement of Canvass.  No list, tally-paper or certificate return from any election, shall be set aside or rejected for want of form if it can be satisfactorily understood. If at the time of the meeting, the returns of each precinct in which polls have been opened have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until all the returns have been received, or until six postponements have been had. The canvass must be made public and by opening the returns and counting the votes of the district for each person voted for and declaring the result thereof.

      Sec. 11.  Statement of Result.  The secretary of the board of directors must, as soon as the result is declared, enter on the records of such board a statement of such results, which statement must show:

      (a) The whole number of votes cast in the district and in each voting precinct thereof.

      (b) The name of the person or persons voted for.

      (c) The office to fill which each person was voted for.

      (d) The number of votes given in each precinct to such person or persons.

      (e) The number of votes given in the district for such person or persons.

      The board of directors must declare elected the person or persons having the highest number of votes given for each office.

 

Chapter 2-Powers and Duties of the Board of Directors

      Sec. 12.  Elections of Officers and Meetings of Board.  On the first Tuesday in May, next following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary and a treasurer, who shall each hold office during the pleasure of the board. The said secretary and treasurer shall each be required to file with the said board such bonds as it may seem necessary to insure the faithful performance of their duties.


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

κ1911 Statutes of Nevada, Page 255 (CHAPTER 134)κ

 

sary to insure the faithful performance of their duties. On the organization of the first board of directors of any such district, they shall designate some place within the district as the office of said board and said board shall hold a regular monthly meeting in its office on the first Monday in every month, and any special meetings as may be required for the proper transaction of business; provided, that all special meetings must be ordered by the president or a majority of the board, the order must be entered of record, and the secretary must give each member not joining in the order five days’ notice of such special meetings. The order must specify the business to be transacted at such special meeting, and none other than that specified shall be transacted; provided, further, that whenever all members of the board are present, however called, the same shall be deemed a legal meeting, and any lawful business may be transacted. All meetings of the board must be public and a majority shall constitute a quorum for the transaction of business; but on all questions requiring a vote, there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours.

      Sec. 13.  By-Laws-Purchase and Condemnation of Property.  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, subject to the approval of the state board of control, for the distribution and use of water among the owners of such land as may be necessary and just to secure the 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 agents 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. Said board may appropriate water 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.

 

 

 

Meetings of board

 

 

 

 

 

 

All meetings public

 

 

 

 

By-laws

 

 

 

 

 

 

 

 

 

 

Rights of board to acquire property for irrigation purposes


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

κ1911 Statutes of Nevada, Page 256 (CHAPTER 134)κ

 

 

 

 

 

 

 

Legal title to property

 

 

 

 

 

Conveyance of property

 

 

 

 

 

 

 

Actions at law

 

 

 

Compensation of officers and directors

 

 

 

 

 

 

Directors and officers to have no interest in contracts

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 in fully carrying 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.

      Sec. 14.  Legal Title to Property.  The legal title to all property or rights acquired under the provisions of this act shall immediately and 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 right as herein provided.

      Sec. 15.  Conveyance of Property-Actions.  The said board is hereby authorized and empowered to take conveyances or other assurances for all property and rights acquired by it under the uses and provisions of this act, in the name of such irrigation district, to and for the purposes herein expressed; and to institute and maintain any and all actions and proceedings, suits at law and in equity, necessary or proper to fully carry out the provisions of this act, or to enforce, maintain, protect, or preserve any and all rights, privileges, and immunities created by this act or acquired in pursuance thereof.

      In all courts, actions, suits or proceedings the said board may sue, appear and defend, in person or by attorneys and in the name of such irrigation district.

      Sec. 16.  Compensation of Directors and Officers.  The members of the board of directors shall each receive not more than three dollars per day for each day spent attending meetings of said board, or while engaged in official business under the order of the board. The board shall fix the compensation to be paid to the other officers named in this act to be paid out of the treasury of the district; provided, that said board shall upon the petition of a majority of the freeholders within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid thereunder. Such petition must be presented to the board twenty days prior to a general election, and the result of such election shall be determined and declared in all respects as other elections are determined and declared under this act.

      Sec. 17.  Officers Must Not Be Interested in Contracts.  No director or any other officer named in this act shall in any manner be interested, directly or indirectly, in any contract awarded by the board, or in the profits to be derived therefrom, and for any violation of this provision, such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof shall suffer a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.


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

κ1911 Statutes of Nevada, Page 257 (CHAPTER 134)κ

 

ment in the county jail not to exceed six months or by both such fine and imprisonment.

      Sec. 18.  Special Assessments-Elections.  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 five and six. The notice must specify the amount of money proposed to 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 at once, and 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 the notice of such special election.

      Sec. 19.  Power to Incur Debts.  The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; provided, that for the purpose of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of two thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum.

      Sec. 20.  Report to State Engineer.  At least as often as once a year after the approval of said plans, the board of directors shall make a report to the state engineer of the progress of the work of construction and reclaiming, and whether or not the plan of irrigation formulated under the provisions of this act, is being successfully carried out, and whether or not, in the opinion of the board, the funds available will complete the proposed works. Upon receipt of such reports by the state engineer, he shall make such suggestions and recommendations to such board of directors as may be necessary to conserve the best interests of the district.

      Sec. 21.  Statement of Financial Condition.  On or before the first Tuesday of February of each year the board of directors of each irrigation district, organized under this act, shall publish in at least one issue of some newspaper published in the county or counties in which such district is situated, a full, true, and correct statement of the financial condition of said district on the first day of the preceding January, giving a statement of all liabilities and assets of the district on such first day of January.

 

 

Elections for special assessments, when

 

 

 

 

 

 

 

 

 

 

 

 

 

Power to incur debts limited

 

 

 

 

 

 

 

Report to state engineer

 

 

 

 

 

 

 

Financial statements to be published


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

κ1911 Statutes of Nevada, Page 258 (CHAPTER 134)κ

 

 

 

 

 

 

County commissioners may examine books

 

 

 

 

 

 

Plan of operations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Election to authorize bonds

Notice of election published

the county or counties in which such district is situated, a full, true, and correct statement of the financial condition of said district on the first day of the preceding January, giving a statement of all liabilities and assets of the district on such first day of January.

      Sec. 22.  County Commissioners to Have Access to Books.  Any board of directors of any such irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records and vouchers of the district which are in possession or control of said board of directors or said secretary of said board.

 

Chapter 3-Issuance, Confirmation and Sale of Bonds

 

      Sec. 23.  Plan of Construction-Issuance of Bonds-Elections.  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 operations, 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 direction of a competent irrigation engineer and certified by him. Said board shall then submit a copy of the same to the state engineer, and within ninety days thereafter, the state engineer shall file a report upon the same with said board, which report shall contain such matters as, in the judgment of the state engineer, may be desirable. 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 bonds of said district shall be authorized. 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, and in all cases it shall state that said report of the state engineer, are on file and open for public inspection by the people of the district, at the office of said board and at the office of the state engineer at the state capitol.


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

κ1911 Statutes of Nevada, Page 259 (CHAPTER 134)κ

 

public inspection by the people of the district, at the office of said board and at the office of the state engineer at the state capitol. 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 election the ballot shall contain the words “Bonds-Yes,” or “Bonds-No,” or words equivalent thereto. If two-thirds of the votes cast are “Bonds-Yes,” the board of directors shall cause bonds in said amounts to be issued; if more than one-third of the votes cast at any bond election are “Bonds-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 in 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.

      Sec. 24.  Form of Bonds.  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, 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 1st or July 1st, next following the date of their authorization, and they shall bear interest at a 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.

 

 

 

 

 

 

Ballots, what to contain

 

 

 

 

 

 

 

 

Form of bonds

 

 

 

 

 

 

 

Percentages of bonds payable at certain intervals

 

 

Proviso

 

 

 

 

Interest payable semiannually


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

κ1911 Statutes of Nevada, Page 260 (CHAPTER 134)κ

 

 

 

 

 

 

Record of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

Apportionment of benefits

 

 

 

 

 

 

 

 

 

Map

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 such bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of 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 works 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 purposes, 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, shall be a prior lien to that of any subsequent bond issue.

      Sec. 25.  Apportionment of Benefits.  Whenever the electors shall have authorized an issue of bonds, 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 works 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. 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 with 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.


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

κ1911 Statutes of Nevada, Page 261 (CHAPTER 134)κ

 

tion. 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 principal, 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. 26.  Hearing.  After the board shall have examined the lands in said district, and before proceeding to make the assessment of benefits and the list and the apportionment as provided in the last preceding section, they shall give notice to the owners of said land that they will meet at their office on a day to be stated in said notice for the purpose of making such assessment and list and apportionment. They shall, as far as practicable, give such notice by letter, mailed or delivered, to each of said land owners, and the same shall be mailed or delivered to land owners residing out of the county where said office is located at least ten days before the day fixed for such meeting, and to such as reside in said county, it shall be so mailed or delivered at least six days before the time of such meeting. For the purpose of giving notice to nonresidents and such owners as it is not reasonably practicable to notify personally or by mail as aforesaid, the notice shall be published in some newspaper published in the same county two weeks before the time of such meeting. At such meeting the board shall proceed to hear all parties interested who may appear, and they shall continue in session from day to day until this assessment is completed. They shall hear all evidence offered, including any maps or surveys which any owners of lands may produce, and they may classify the lands in such way that the assessment when completed shall be just and equitable. Any person interested who shall fail to appear before the board shall not be permitted thereafter to contest said assessment, or any part thereof, except upon a special application to the court in the proceeding for confirmation of said assessment, showing reasonable excuse for failing to appear before said board of directors. In case any land owner makes objection to said assessment, or any part thereof, before said board, and said objection is overruled by the said board, and the land owners do not consent to the assessment as finally determined, such objection shall, without further proceedings, be regarded as appealed to the district court and to be heard at the said proceeding to confirm as aforesaid.

      Sec. 27.  Confirmation of Proceedings.  The board of directors of the irrigation district shall file with the clerk of the district court in and for the county in which this 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 electors elected, that due and lawful proceedings were taken to issue bonds in an amount to be stated, 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 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.

 

 

Assessments to be proportional

 

 

 

Notice of assessment

 

 

 

 

 

 

 

 

 

Notice advertised

 

 

Hearing

 

 

 

 

 

 

 

 

 

 

 

 

Confirmation of proceedings


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

κ1911 Statutes of Nevada, Page 262 (CHAPTER 134)κ

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Method and rules of procedure

 

 

 

 

 

 

 

 

 

 

 

 

Hearing and confirmation

duly organized and the first board of electors elected, that due and lawful proceedings were taken to issue bonds in an amount to be stated, 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 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. 28.  Same Notice-Rules of Procedure.  The court or judge shall fix the time for the hearing of the said petition, and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published in a newspaper published in the same county for four consecutive weeks. The notice shall state the time and place for the hearing of the petition, and the prayer of the petition, and that any person interested in the subject-matter of the said petition may, on or before the day fixed for the hearing thereof demur to or answer said petition. None of the pleadings in said matter need be sworn to. Every material statement of the petition not controverted by answer must be taken as true, and every person or party failing to answer the petition shall be deemed to have admitted all the material allegations of the petition. The rules of pleading and practice provided by the civil practice act of this state, which are not consistent with this act, are applicable to the special proceeding herein provided for. A motion for a new trial, and all proceedings in the nature of appeals or rehearings may be had as in any ordinary civil action.

      Sec. 29.  Same-Hearing and Confirmation.  Upon the hearing of such special proceedings, the court shall examine all the proceedings set up in the petition, and 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 court 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, shall state the substance of said objections and the ruling of the board in his answer. The court shall disregard every error, irregularity or omission which does not affect the substantial right of any 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 shall 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 of decree of the court may approve and confirm such proceeding in part; and in case the proceeding 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.


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

κ1911 Statutes of Nevada, Page 263 (CHAPTER 134)κ

 

premises, and the final order of decree of the court may approve and confirm such proceeding in part; and in case the proceeding 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 of 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. 30.  Sale of Bonds.  The board may sell said bonds from time to time, in such quantities as may be necessary and most advantageous, to raise money for the construction of said canals and works, the acquisition of said property and rights, and otherwise to carry out the object and purpose of this act. Before making any sale the board shall, by resolution, declare its intention to sell a specific amount of the bonds, and if said bonds can then be sold at their face value and accrued interest they may be sold without advertising, otherwise said resolution shall state the day and hour and place of such sale, and cause such resolution to be entered on the minutes, and notice of sale to be given by publication thereof at least four weeks in three newspapers published in the State of Nevada, one of which shall be a newspaper published in the county in which the office of the board of directors is situated, if there be a newspaper published in said county, and in other newspapers at their discretion. Said notice shall state that sealed proposals will be received by the board at their offices for the purchase of the bonds until the day and hour named in the resolution. At the time appointed the board shall open the proposals, and award the purchase of the bonds to the highest responsible bidder, or may reject all bids; but in case no bids are received, or all bids are rejected, at the time stated in the advertisement, it shall not be again necessary to advertise the sale of the same bonds, but they may be sold at any time until canceled; provided, said board shall in no event sell any of the said bonds for less than the par or face value thereof and accrued interest. If, for any reason, the duly authorized bonds of a district cannot be sold, or if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in their discretion, cancel the same and they may levy assessments to the amount of the bonds canceled; provided, that the revenue derived from said assessments must be employed for the same purpose as was contemplated by the bond authorization; but no levy shall be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of said assessment have been canceled. Assessments made in lieu of bonds canceled shall be collected in the same manner, and shall have the same force and effect, as assessments levied under any provision of this act; provided, that such assessments shall not, during any one year, exceed ten per cent of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose, said special election to be held in the manner provided in section 18.

 

 

 

 

 

 

 

 

 

Sale of bonds


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

κ1911 Statutes of Nevada, Page 264 (CHAPTER 134)κ

 

 

 

 

 

 

 

 

Payment of bonds and interest

 

 

Redemption of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessment book

 

 

 

 

 

 

Notice of correction of assessments

same manner, and shall have the same force and effect, as assessments levied under any provision of this act; provided, that such assessments shall not, during any one year, exceed ten per cent of the total bond issue authorized by such district, unless a greater assessment shall be authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose, said special election to be held in the manner provided in section 18.

      Sec. 31.  Payment of Bonds and Interest.  Said bonds and the interest thereon shall be paid by revenue derived from the annual assessment upon the land in the district; and all the land in the district shall be and remain liable to be assessed for such payment.

      Sec. 32.  Redemption of Bonds.  Upon the presentation of the coupons due to the treasurer, he shall pay the same from the bond fund. Whenever after ten years from the issuance of said bonds, said fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising for at least four weeks in some newspaper published in the county, and in other newspapers which said board may deem advisable, for sealed proposals for the redemption of said bonds. Said proposals shall be opened by the board in open meeting at a time to be named in the notice, and the lowest bid for said bonds must be accepted; provided, that no bonds shall be redeemed at a rate above par. In case the bids are equal, the lowest numbered bond shall have the preference. In case none of the holders of said bonds shall desire to have the same redeemed as herein provided for, said money shall be invested by the treasurer, under the direction of the board, in United States bonds or the bonds or warrants of the state, or municipal or school bonds, which shall be kept in such bond fund and may be used to redeem said district bonds whenever the holders thereof may desire.

 

Chapter 5-Levy and Collection of Assessments

      Sec. 33.  Preparation of Assessment Book.  The secretary of the board of directors shall be the assessor of the district and on or before August fifteenth of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof, during said year, giving the number of acres listed to each person.

      If the name of the person owning, claiming, possessing, or controlling any tract of said land is not known, it shall be listed to “unknown owners.”

      Sec. 34.  Notice of Correction of Assessments.  On or before the first Monday in September of each year, the secretary of the board must give notice of the time the board of directors will meet to correct assessments, by publication in a newspaper published in each of the counties comprising the district.


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

κ1911 Statutes of Nevada, Page 265 (CHAPTER 134)κ

 

will meet to correct assessments, by publication in a newspaper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than twenty nor more than thirty days from the first publication of the notice. In the meantime the assessment book must remain in the office of the secretary for the inspection of all parties interested.

      Sec. 35.  Board of Correction.  Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is hereby constituted a board of correction for that purpose, shall meet and continue from day to day, as long as may be necessary, not to exceed five days, exclusive of holidays, and may make such changes in said assessment book as may be necessary to make it conform to the facts. Within five days after the close of said session, the secretary of the board shall have the corrected assessment book complete.

      Sec. 36.  Levy of Assessment.  At its regular meeting in October, the board of directors shall levy an assessment upon the lands in said district upon the basis, and in the proportion, of the list and apportionment of benefits approved by the court as hereinbefore provided, which assessment shall be sufficient to raise the annual interest on the outstanding bonds. At the expiration of ten years after the issue of said bonds of any issue, the board must increase said assessment, as may be necessary from year to year, to raise a sum sufficient to pay the principal of the outstanding bonds as they mature. The secretary of the board must compute and enter in a separate column of the assessment book the respective sums, in dollars and cents, to be paid as an assessment on the property therein enumerated. When collected, the assessments shall be paid into the district treasury, and shall constitute a special fund, to be called “Bond Fund of ............. Irrigation District.” In case any assessment should be made for the purpose contemplated by a bond authorization, it shall be entered in a separate column of the assessment book in the same manner as the bond fund; and when collected shall constitute the “Construction Fund of ............. Irrigation District.”

      Sec. 37.  Lien of Assessment.  The assessment is a lien against the property assessed from and after the first Monday in March of any year. The lien for the bonds of any issue shall be a preferred lien to that of any subsequent issue, and such lien is not removed until the assessments are paid, or the property sold for the payment thereof.

      Sec. 38.  Payment of Assessments.  On or before the first day of November the secretary must deliver the assessment book to the treasurer of the district, who shall within ten days publish a notice in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable, and will become delinquent at six o’clock p. m. on the first day of January next thereafter, and also the times and places at which the payments of the assessments may be made, which notice shall be published for the period of two weeks.

 

 

 

 

 

Board of correction

 

 

 

 

 

 

Levy of assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lien of assessment

 

 

 

 

Payment of assessments


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

κ1911 Statutes of Nevada, Page 266 (CHAPTER 134)κ

 

Payment of assessments

 

 

 

 

 

 

 

 

 

 

Delinquent list

 

 

 

 

 

 

 

 

Publication of delinquent list

 

 

 

 

 

 

 

 

Sales to be published

may be made, which notice shall be published for the period of two weeks. The treasurer must attend to the times and places specified in the notice, to receive assessments, which must be paid in lawful money of the United States; he must mark the date of payment of any assessment in the assessment book opposite the name of the person paying and give a receipt to such person, specifying the amount of the assessment, and the amount paid with a description of the property assessed. On the first day of January at six o’clock p. m. of each year, all unpaid assessments for the preceding year are delinquent; provided, that if any person shall pay one-half of his assessments before they become delinquent, the remaining one-half shall not become delinquent until the first Monday in July at six o’clock p. m. of each year.

      Sec. 39.  Delinquent List.  On or before the second Monday in January of each year said treasurer shall begin the preparation of a delinquent list containing a description of all tracts of land upon which assessments are delinquent, and the amount of assessments against each such tract and the name of the owner as shown on the assessment book, and thereafter and on or before the second Monday in July the treasurer shall complete said delinquent list and shall properly certify the same and prepare a duplicate thereof; and deliver it to the secretary of the district. If any such assessment becomes delinquent the treasurer shall collect the same with the penalties added, as provided for delinquent county and state taxes.

      Sec. 40.  Publication of Delinquent List-Sales.  During the first seven days of August the treasurer must commence to publish the delinquent list, and the publication shall continue four weeks, and must contain the names of the persons, and a description of the property delinquent at the time, and the amount of the assessments and penalties, and the cost due opposite each name and description. After said publication shall have been made for the first time, the treasurer shall collect twenty-five cents additional to the assessments and penalties on each description of the land published. The treasurer must append and publish with the delinquent list a notice that unless the assessments delinquent, together with penalties and costs, are paid, the real property upon which said assessments are made will be sold at public auction, at a time and place therein specified. The publication must be made in some newspaper published in said district, if it can be so published, and if it cannot be so published, then in some newspaper published in the county in which the office of the directors is situated; and if it cannot be so published, then by posting it in not less than three public places in said district, one of which shall be at the door of the office of said board; the time of said sale shall be fixed for the first Tuesday in September, and the place shall be at the office of said board of directors. The treasurer as soon as he has made the publication required, must file with the secretary proof of such publication by affidavit and like proof of posting in case such notice was posted as herein required.


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

κ1911 Statutes of Nevada, Page 267 (CHAPTER 134)κ

 

of posting in case such notice was posted as herein required. The treasurer must attend at the time and place specified in the notice and conduct the sale. The sale shall be conducted in all respects in the manner provided for the sale of property for delinquent county and state taxes, and may be postponed in the same manner and the district shall become the purchaser of the property in the cases when the county would have become the purchaser of property at sales for delinquent county and state taxes. The treasurer must retain in his office a list of the property sold, stating name of owner as appears by assessment roll, amount for which sold and date of sale, and file a duplicate list with the recorder of the county in which the land is situated. The treasurer shall execute a duplicate certificate of sale, which shall contain the statements in substance required in certificates of sale in sales of county and state delinquent taxes, one of which shall be delivered to the purchaser and the other shall be filed with the treasurer in the office of the county recorder of the county in which the land is situated. When the district is the purchaser the duplicate certificate shall be filed with the secretary. Any irrigation district as a purchaser of any land at any such delinquent tax sale, shall be entitled to the same rights as a private purchaser, and the title so acquired by the district, subject to the rights of the redemption herein provided, may be conveyed by deed executed and acknowledged by the president and the secretary of the board; provided, that authority to so convey must be conferred by resolution of the board entered on its minutes.

      Sec. 41.  Redemption, When and How Made.  Redemption can be made at any time within one year from the date of sale. Redemption may be made by paying to the treasurer the amount for which the property was sold, together with ten per cent penalty and one per cent thereon. The treasurer shall thereupon deliver to the person redeeming a certificate of redemption stating the description of the lands sold, the name of the owner as it appeared upon the assessment roll, and the amount paid on such redemption, and shall note the redemption on his list of sales. When such certificates of redemption shall be presented to the county recorder where the land is situated, he shall mark the property as redeemed in his record of such sales. The treasurer must pay the amount received on such redemption to the person holding the certificate of sale, but on presentation thereof with satisfactory proof of ownership. When the district is purchaser, it may assign any certificate of sale to any person, within one year after the sale, upon receipt of the amount for which the property was sold to the district, with the interest from the date of sale. If no redemption be made within the year after said sale, the treasurer shall, upon request, execute a deed to the holder of the certificate, which deed shall recite and contain the matter required in deeds for property sold for county and state taxes, and when so executed and delivered shall have the same effect.

 

 

Method of conducting sale

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Redemption, when and how made


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

κ1911 Statutes of Nevada, Page 268 (CHAPTER 134)κ

 

 

 

Contract for construction work

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice for bids, when dispensed with

 

 

 

Payment of claims

 

 

Payment of expenses

Chapter 6-Construction Work and Acquirement of Property

      Sec. 42.  Contract for Construction Work.  After adopting a plan for said canal or canals, storage reservoirs and works, the board of directors shall give notice, by publication thereof not less than thirty days in one newspaper published in each of the counties comprising the district, if a newspaper is published therein, and in such other newspaper as they may deem advisable, calling for bids for the construction of such work, or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening said proposals, which, at the time and place appointed, shall be opened in public; and as soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any and all bids and readvertise for proposals. Contracts for the purchase of the material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties to be approved by the board, payable to said district for its use, for 25 per cent of the amount of the contract price, conditioned upon the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer employed by the district, and approved by the board; provided, that no contract of any kind shall be let by said board of directors unless there is sufficient money in the district treasury at the time such contract is let, available for such payment, to fully pay for the work or material so contracted for.

      Sec. 43.  Notice for Bids Dispensed With.  On the petition of a majority of the owners of land in said district, to be determined as provided by section 1, the board of directors may do any work mentioned in the preceding section on behalf of the district, and it may use the construction fund therefor; in such cases they need not publish notice for bids as provided in the last preceding section.

      Sec. 44.  Payment of Claims.  No claim shall be paid by the treasurer until allowed by the board, and only upon warrant signed by the president and countersigned by the secretary.

      Sec. 45.  Payment of Expenses-Water Tolls.  The cost and expense of purchasing and acquiring property and constructing works and improvements to carry out the formulated plan, shall be paid out of the construction fund. For the purpose of defraying the expenses of the organization of the district, and of the care, operation, management, repair and improvement of such portion of said canal and works as are completed in use, including salaries of officers and employees, the board may either fix rates of toll and charges for water against all persons using said canal for irrigation or other purposes, or they may levy assessments therefor, or by both said tolls and assessments.


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

κ1911 Statutes of Nevada, Page 269 (CHAPTER 134)κ

 

either fix rates of toll and charges for water against all persons using said canal for irrigation or other purposes, or they may levy assessments therefor, or by both said tolls and assessments. The procedure for levying and collection of assessments shall conform to the provisions of this act relating to the payments of principal and interest of bonds. All assessments and tolls shall be listed and carried out in the regular assessment book and collected by the treasurer at the time and in the manner of regular annual assessment. All special assessments are a lien on the lands assessed from the time when they are ordered. The board of directors may order tolls for water to be collected in advance. Whenever an assessment book or toll book shall be delivered to the treasurer the secretary shall charge the treasurer with the total amount of the various amounts as carried out in said books.

      On the second Monday in January in each year the treasurer shall make a semiannual settlement with the secretary and deliver to the secretary a statement in brief of all assessments delinquent at that time, and account for all such sums theretofore collected. The treasurer shall make such settlements for tolls at such times as may be ordered by the board. On the second Monday of July the treasurer shall make final settlement with the secretary, and deliver to the secretary a duplicate delinquent list, and account for all sums not shown on said delinquent list. The secretary shall then charge the treasurer with the amount of said list and penalties added, and upon receiving the affidavit of publication thereof he shall charge the treasurer with twenty-five cents additional for each description published. On the first Monday after the sale, the treasurer shall make final settlement for assessments, by receiving credit for the property sold to the district and accounting for all of the balance.

      Sec. 46.  Intersections with Streets, Railroads, Etc.  The board of directors shall have power to construct the said works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of said canal or canals may intersect or cross in such manner as to afford security for life and property; but said board shall restore the same when so crossed or intersected, to its former state as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness; and every company whose railroad shall be intersected or crossed by said work, shall unite with said board in forming said intersections and crossings and grant the privileges aforesaid; and if such railroad company and said board, or the owners and controllers of said property, thing or franchise to be crossed, cannot agree upon the amount to be paid therefor, or upon the points or the manner of said crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking of land.

      Sec. 47.  Right of Way Over State Lands.  The right of way is hereby given, dedicated and set apart, to locate, construct and maintain said work over and through any of the lands which are now or may be the property of the state.

Water tolls

 

 

 

 

 

 

 

 

 

 

Semiannual statement of assessments

 

 

 

 

 

 

 

 

 

 

 

Powers of board regarding rights of way


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

κ1911 Statutes of Nevada, Page 270 (CHAPTER 134)κ

 

Regarding state lands

 

 

Right of eminent domain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition for annexation of adjacent lands

 

 

 

 

Guardians and administrators may sign petitions

 

 

 

 

Notice of petition

is hereby given, dedicated and set apart, to locate, construct and maintain said work over and through any of the lands which are now or may be the property of the state.

      Sec. 48.  Right of Eminent Domain.  All irrigation districts organized under the laws of the State of Nevada, shall have the right of eminent domain, with the power by and through their boards of directors, to cause to be condemned and appropriated in the name of and for the use of said districts, all lands, reservoirs, canals and works constructed or being constructed by private owners, and lands for reservoirs for the storage of needful waters, and all necessary appurtenances and other property and rights necessary for the construction, use and supply, maintenance, repair, and improvement of said canal or canals and works. Said irrigation district shall have the right by and through their boards of directors to acquire by purchase or other legal means any or all of the property mentioned and referred to in this section. In any action of proceedings for the condemnation of any property mentioned and referred to in this section, wherein said irrigation district is party, the plaintiff must, within six months after final judgment, pay the sum of money assessed, or said judgment will be annulled. Except as otherwise provided in this chapter the provisions of the laws of Nevada relative to the right of eminent domain, civil actions, new trials and appeals, shall be applicable to and constitute the rules of practice in condemnation proceedings by said irrigation districts.

 

Chapter 7-Changing Boundaries of Districts

      Sec. 49.  Petition for Annexation of Adjacent Lands.  The holder or holders of any title, or evidence of title representing one-half or more of any body of lands adjacent to the boundaries of an irrigation district, may file with the board of directors of said district a petition in writing praying that said land may be annexed. The petition shall describe the lands and also describe the several parcels owned by petitioners.

      Sec. 50.  Guardians and Administrators May Sign Petitions.  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, on behalf of his ward, or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in this chapter for the change of boundaries in the district.

      Sec. 51.  Notice of Petition.  The secretary must cause a notice of the filing of such petition to be published three weeks in the manner of notices of special elections. The notice shall state the filing of such petition, and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petition, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district, to appear at the office of said board at a time named in said notice and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district.


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

κ1911 Statutes of Nevada, Page 271 (CHAPTER 134)κ

 

of boundaries of the district, to appear at the office of said board at a time named in said notice and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioner shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under this chapter.

      Sec. 52.  Hearing of Petition.  The board of directors at the time mentioned in said notice or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto, showing cause, as aforesaid. The failure of any person to show cause as aforesaid, shall be taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said land.

      Sec. 53.  Assessment Against Petitioners.  The board of directors may require, as a condition to the granting of said petition, that the petitioners shall severally pay to such district such respective sums as nearly as the same can be estimated, as said petitioners, or their grantors, would have been required to pay to such district, had such lands been included in such district at the time the same was originally formed.

      Sec. 54.  Order Accepting or Rejecting Petition.  The board of directors, if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interests of the district, and if no person interested shall show cause why the proposed change be not made, or if having shown cause, withdraws the same, the board may order, without any election, that the lands mentioned in said petition, or some part thereof, be annexed to said district, the order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary.

      Sec. 55.  Same-Overruling Objection.  If any person interested shall show cause as aforesaid, and shall not withdraw the same, and if the board of directors deem it for the best interests of the district to include therein the lands mentioned in petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the lands which the board is of the opinion should be included within the district.

      Sec. 56.  Election to Determine Change.  Upon the adoption of the resolution mentioned in the last preceding section, the board shall order that an election be held within said district to determine whether the boundaries of the district shall be changed as mentioned in said resolution; and shall fix the time at which such election shall be held. Notice thereof shall be given and published, and such election shall be held, and all things pertaining thereto conducted, in the manner prescribed by this act in case of an election to determine whether bonds of the district shall be issued. The ballots cast at said election shall contain the words “for change of boundary” or “against change of boundary,” or words equivalent thereto.

 

 

 

 

Hearing of petition

 

 

 

 

 

Assessment against petitioners

 

 

 

Order accepting or rejecting petition

 

 

 

 

 

 

Overruling objection

 

 

 

 

 

Election to determine change


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

κ1911 Statutes of Nevada, Page 272 (CHAPTER 134)κ

 

 

 

 

Order changing boundary

 

 

 

 

 

 

 

 

 

 

 

 

Order to be recorded

 

 

 

 

 

 

 

Petition recorded in minutes

 

 

Exclusion of land from district

change of boundary,” or words equivalent thereto. The notice of election shall describe the lands to be annexed to said district.

      Sec. 57.  Order Changing Boundary.  If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district the board shall proceed no further in the matter. But if a majority of such votes be in favor of such change the board shall thereupon order that the boundaries be changed in accordance with said resolution. The order shall describe the land so annexed to said district, and thereafter such lands so annexed shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. Immediately after the recording of the order annexing said lands to the district, the directors shall state on their minutes to which division and election precinct in said district the said lands so annexed shall be attached, and if necessary, the board shall make an order redividing the district into divisions and election precincts in the same manner and with like effect as near as may be as provided for that purpose on the formation of a district.

      Sec. 58.  Order To Be Recorded.  Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board shall be filed for record in the recorder’s office of each county within which are situated any of the lands of the district and thereupon the district shall be and remain an irrigation district as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries as aforesaid had been included therein at the original organization of the district.

      Sec. 59.  Same-Record in Minutes.  Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary of the board shall record in the minutes of the board the petition aforesaid, and said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the petition.

      Sec. 60.  Exclusion of Land from District.  The holder or holders of any title to land included within the boundary of an irrigation district may file with the board of directors of said district, a petition in writing praying that the boundaries of said district may be so changed as to exclude the said lands described in said petition. The petition shall describe the boundaries of the several parcels owned by the petitioners; if the petitioners be the owners respectively of the district parcels of land, such petition must also state that the lands described in said petition are too high to be watered from water owned and controlled by said irrigation district. Said petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.


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

κ1911 Statutes of Nevada, Page 273 (CHAPTER 134)κ

 

      Sec. 61.  Survey of Lands To Be Excluded.  The board of directors to whom such petition is presented must cause the lands described in said petition to be surveyed by a competent irrigation engineer, and if found to be too high to receive any benefit from irrigation works of said district, said board must make an order changing the boundaries of said district so as to exclude the lands described in said petition.

      Sec. 62.  Costs of Survey.  If upon a survey being made by order of the board of directors of lands described in the petition, it is found that said lands can be watered from irrigation works of said district, parties signing said petition shall be liable to the irrigation district for the full amount of costs incurred by said district in having the lands described in said petition surveyed.

      Sec. 63.  Changes To Be Recorded.  Upon a change of the boundaries of a district being made as provided in the three preceding sections, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in a recorder’s office of each county within which are situated any lands of the district, and thereupon the district shall be and remain an irrigation district as fully and to every intent and purpose, as if the lands which are excluded from the district by the change of the boundaries, as aforesaid, had been excluded at the original organization of the district.

      Sec. 64.  Consolidation of Districts.  Whenever the board of directors of any two or more irrigation districts which are contiguous, deem for the best interests of their respective districts that the same be consolidated into a single district, such board of directors may petition the board of county commissioners for an order for an election, to vote upon the question of such consolidation, which petition shall state in detail the terms upon which such consolidation is proposed to be made. Upon receiving such petitions, the said board of county commissioners shall request the state engineer to investigate the conditions of such districts, and all questions affecting such proposed consolidation, and he shall make a report of the result of such investigation to the board of county commissioners, not more than ninety days after such request is received. At the time said report upon the matter is made, said board of county commissioners, if deemed advisable, shall make an order fixing the time for an election in the said district, to vote upon the question of such proposed consolidation, which time shall not be less than thirty nor more than sixty days after the date of said report. Notice of said election shall be published as required for notice of the election in section 4 of this act; and the said board of directors shall make all necessary arrangements for such election in their respective districts as provided in this act for other elections. The ballot should be substantially as follows: “Consolidation-Yes,” “Consolidation-No.” The said board of directors shall canvass the returns of such election as provided in case of usual district elections, and shall immediately thereafter transmit, by messenger or by registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the board of county commissioners.

Excluded lands to be surveyed

 

 

 

Costs of survey

 

 

 

 

Changes to be recorded

 

 

 

 

 

 

 

Districts may be consolidated

 

 

 

 

 

 

 

 

 

Popular election, when

 

 

 

 

Ballots


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

κ1911 Statutes of Nevada, Page 274 (CHAPTER 134)κ

 

 

 

 

 

 

 

 

 

 

Directors of consolidated district

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State lands included within irrigation district

 

 

 

State land register to make contract, when

shall canvass the returns of such election as provided in case of usual district elections, and shall immediately thereafter transmit, by messenger or by registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the board of county commissioners. Within ten days after such returns are received by said clerk the said board of county commissioners shall meet and canvass the same. If it appears that a majority of all the votes cast in each of said districts is “Consolidation-Yes,” said board shall make an order and enter the same of record in its minutes, establishing said consolidated district, giving its boundaries and designation, and in detail the terms under which the consolidation has been effected, and dividing said consolidated district into three divisions, and shall appoint some person qualified under this act to act as director of each of said divisions of said district until the next general election for the election of officers, when a board of directors shall be elected as provided in section 5; provided, however, that the organization of such district shall not take effect until the first Tuesday of the January following said order of its establishment. If the date provided by law for the election of directors shall come between the date of said order of the board of county commissioners and said first Tuesday of January, then in making such order said board shall designate the board of directors of one of the consolidated districts as a board to take charge of said election, and a director shall in that case be elected for each division of said consolidated district, and in that case no appointment of directors shall be made by said board of county commissioners. If, however, upon such canvass by said board of county commissioners, it appears that a majority of votes cast in any district thus proposed to be consolidated is “Consolidation-No,” then a record of that fact shall be entered in the same minutes of the said board of county commissioners, and all the proceedings had under this section shall be void.

 

Chapter 8-Miscellaneous Provisions

      Sec. 65.  State Lands Included Within Irrigation District.  No state lands included within any legally organized irrigation district shall ever be assessed, nor shall any of the preceding sections relative to the levying and collecting of assessments and taxes apply, but the state land register and the state engineer shall make a thorough examination as to the benefits to accrue to such state lands by reason of the formation of such irrigation district, and by reason of the acquiring of water rights for said land, and the state land register is hereby empowered to enter into a contract with the board of directors of such irrigation district, specifying by legal subdivisions the land so benefited, the amount of benefit to accrue to each piece of land, and such contracts shall provide that an annual payment shall be made each year out of the general fund to said board of directors to be applied on the cost of constructing such irrigation works within said district, until the full amount of such benefit is paid; but the state land register shall have the option to pay the full amount to such contract at any time upon any or all of such legal subdivisions; provided, that said contract shall be subject to said irrigation district and works being properly managed and constructed, so that the benefits agreed upon shall accrue to said lands; provided, also, that the county recorder of every county in which certificate of sale of any state lands for irrigation district taxes have been heretofore filed or recorded, shall cancel the same upon the records of said counties.


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

κ1911 Statutes of Nevada, Page 275 (CHAPTER 134)κ

 

tion works within said district, until the full amount of such benefit is paid; but the state land register shall have the option to pay the full amount to such contract at any time upon any or all of such legal subdivisions; provided, that said contract shall be subject to said irrigation district and works being properly managed and constructed, so that the benefits agreed upon shall accrue to said lands; provided, also, that the county recorder of every county in which certificate of sale of any state lands for irrigation district taxes have been heretofore filed or recorded, shall cancel the same upon the records of said counties. The amount of benefit so agreed upon shall be charged to the state land register against said lands, and shall be paid as follows: Before any such land shall be offered for sale, the state land register shall cause said lands to be appraised showing first (1): The value of the land without any water right, ditches or other improvements affected or made by such district, and second (2): The value of the water rights, ditches and other improvements, or the proportion thereof appurtenant to such land and such legal subdivisions; and said lands shall be offered for sale and sold with said water rights, ditches and other improvements included. Before the proceeds of such sale are deposited in the fund where they properly belong, the amounts of money paid by the state, or for which the state is held bound to pay, or such proportionate amounts where said lands are sold to be paid for in installments, shall be deducted from the said proceeds and placed in the general fund of the state, to reimburse the state for expenditures so made; provided, that no reductions shall be made from said proceeds that shall reduce the same below the appraised value of said lands, or below the price of ten dollars per acre.

      Sec. 66.  Mining Industries Not Impaired.  Vested interest in or to any mining or power water rights or ditches, or in or to any water or water rights, or reservoirs or dams now used by the owners or possessors thereof in connection with any mining or power development industry, or by persons purchasing or renting the use thereof, or in or to any other property now used directly or indirectly in carrying on or promoting the mining or power developing industry, ever be affected by or taken under its provisions, save and except that rights of way may be acquired over the same.

      Sec. 67.  Publication of Notices.  Wherever in this act any notices are required to be given by publication, it shall be satisfied by publishing the same in a weekly newspaper the same number of times consecutively as the number of weeks mentioned in the requirements. A ten days’ notice shall be satisfied by two such publications, a twenty days’ notice by three, and a thirty days’ notice by five such publications.

      Sec. 68.  Other Laws Unaffected.  None of the provisions of this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or water distribution. Nothing herein contained shall be deemed to authorize any person or persons to divert the water of any river, creek, stream, canal or ditch, from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property or rights for public uses.

 

 

Proviso

 

 

 

 

Amount of benefit, how calculated

 

 

 

 

 

 

 

State reimbursed, when

 

 

 

 

 

Mining industries not to be impaired

 

 

 

 

 

Publication of notice

 

 

 

 

Other laws unaffected


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κ1911 Statutes of Nevada, Page 276 (CHAPTER 134)κ

 

 

 

 

 

 

 

Existing districts governed by this act

 

Repeal

In force

shall be deemed to authorize any person or persons to divert the water of any river, creek, stream, canal or ditch, from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property or rights for public uses.

      Sec. 69.  Existing Districts To Be Governed by this Title.  All irrigation districts heretofore organized under the laws of this state shall hereafter be governed in all respects by the provisions of this act.

      Sec. 70.  All Acts in Conflict Repealed.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 71.  This act shall take effect and be in force from and after its passage.

 

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CHAPTER 135

 

 

 

 

 

 

 

 

 

Accounts of state, county, and city officials to be examined semiannually

 

 

 

 

 

 

 

 

Expert accountant employed

Chap. 135–An act providing for the examination and auditing of the books and accounts of certain officers, and providing penalties for its violation.

 

[Approved March 20, 1911]

 

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 the board of examiners and the boards of county commissioners of the various counties of this state, and the board of trustees, city council, or other governing body, of any incorporated city or town within this state, to audit and examine at least twice in each year the accounts of all officials, state, county or town, charged with the receipt, collection, disbursement or handling of any money, credits, effects, or property belonging to the state, county, city or town, or collected by such person under any law of this state, and for this purpose they shall have the power to employ a competent expert accountant to examine said books or accounts, of such officers, but the examination and auditing by the board of examiners shall be confined to state officers, the examination and auditing by the board of county commissioners to county or township officers, and the examination and auditing by the board of trustees, or city council, shall be confined to the town or city officers.

      Sec. 2.  The accountant so employed shall report to the board employing him, the amounts of money in the various funds, the amounts collected, the amounts disbursed, the condition of the books, and the manner in which such accounts are kept, giving in detail the information thus required, and shall further certify to such board if the amounts collected and expended and on hand correspond, and to report to such board any shortage, misappropriation, or misapplication of any of the public moneys so collected, and shall give such further information as may be required by such board.


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κ1911 Statutes of Nevada, Page 277 (CHAPTER 135)κ

 

board any shortage, misappropriation, or misapplication of any of the public moneys so collected, and shall give such further information as may be required by such board.

      Sec. 3.  The reports of such accountant shall, by order of the district judge, be laid before the grand jury of each of the counties of this state for an examination by them, and to take such action upon such report as they shall deem necessary.

      Sec. 4.  In case any board hereby required to audit and examine, or cause to be audited and examined, the accounts of the various officers herein enumerated, shall fail to cause such examination and report to be so made, then it shall be the duty of the grand jury of the county, to employ competent experts to make such examination and to report to such grand jury, and such grand jury shall also indict such officers as have failed, refused or neglected to audit and examine, or cause to be audited and examined, the accounts of such officers as required by this act.

      Sec. 5.  The members of the board who are hereby required to examine and audit, or cause to be examined or audited, the accounts of the various officers herein mentioned, who shall fail, refuse or neglect to do so, as required by this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than one hundred dollars, nor more than one thousand dollars, and unless such fine be paid, shall be confined in the county jail at the rate of one day for each two dollars of such fine.

      Sec. 6.  All expenses incurred in the examination of the accounts of the state officers, for experts or otherwise, shall be a legal charge against the sum of $2,400, which is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, and the controller is hereby authorized to draw his warrant, and the treasurer to pay the same upon the written order of the board of examiners drawn in favor of the person making such examination; all costs for the examination of the county books shall be a legal charge against the county, and all costs incurred in the examination of the books of any incorporated city or town shall be a legal charge against such incorporated city or town, all such accounts to be paid by the county or incorporated city or town, the same as any other claims against such county, city or town.

      Sec. 7.  All acts or parts of acts in conflict herewith are hereby repealed.

 

 

 

Reports to go to grand juries

Duty of grand jury to order such examination if neglected

 

 

 

 

Penalty for neglect

 

 

 

 

 

 

Appropriation for examination of state officers’ books

 

 

When legal charge against county or city

 

 

 

 

Repeal

 

________

 

 


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κ1911 Statutes of Nevada, Page 278κ

CHAPTER 136

 

 

 

 

 

 

 

 

 

 

 

 

 

Road supervision in Elko County

Chap. 136–An act to amend an act entitled “An act to create the office of road supervisor in Elko 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 20, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 4.  In addition to his other duties, the road supervisor thus appointed shall attest to the propriety of all bills for work done under his supervision, and he shall direct the expenditure of all sums set apart for his district by the board of county commissioners; provided, however, that except in cases of emergency no money shall be expended upon the roads of any road district without the previous authorization of the board of county commissioners, and in all cases where the estimated cost of any piece of work upon a public road, in any road district shall be not less than fifty dollars ($50), and not more than five hundred dollars ($500), the said board of county commissioners may, in their discretion, contract for such work upon not less than five days’ notice for bids given by posting a notice at the court-house in the town of Elko, and in three public places in said road district.

 

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CHAPTER 137

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time of commencing construction extended

Chap. 137–An act to amend an act entitled “An act granting a franchise unto Nevada Telephone-Telegraph Company, a corporation organized and existing under the laws of the State of Nevada, its successors and assigns, to complete and operate a telephone and telegraph line from the town of Reno, in Washoe County, to the town of Ely, in White Pine County, via Carson City, Ormsby County; Dayton, Lyon County; Fort Churchill, Lyon County; Tonopah, Nye County; along, across and under highways and certain lands between the said termini,” approved March 22, 1909.

 

[Approved March 20, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  The construction of said line or lines shall be commenced within one year from the passage of this act, and any portion of said right of way over which said line has not been constructed within four years from the passage of this act shall be considered abandoned and forfeited.

 

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κ1911 Statutes of Nevada, Page 279κ

CHAPTER 138

Chap. 138–An act providing for the establishment of private fish hatcheries for artificial propagation, culture and maintenance of food fishes, for their regulation and licensing, and for the sale, shipment, transportation and disposition of fish raised and propagated therein or thereby, and prescribing a penalty for the violation of the provisions thereof.

 

[Approved March 20, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person may establish a private fish hatchery for the artificial propagation, culture and maintenance of food fishes; and any person lawfully conducting any such private fish hatchery, and engaged in the artificial propagation, culture and maintenance of fishes, may take them in his own enclosed waters wherein the same are so cultivated and maintained, at any time and for the purposes herein mentioned and none other.

      Sec. 2.  The products of such fish hatchery, fish spawn, fry and fish may be sold at any time of the year by such hatchery, or their then vendees, after having first complied with the terms of this act, and the regulations of the state fish commission in relation thereto.

      Sec. 3.  No fish spawn, fry or fish from any private hatchery shall be sold under the terms of this act, unless location and plan of such hatchery be approved by the state fish commission, and the same duly licensed as a private hatchery.

      Sec. 4.  Each private fish hatchery, before it shall be entitled to the benefits of this act, shall pay to the county treasurer of the county wherein such hatchery is located, an annual license fee of ten dollars ($10), and such fee shall be credited to the game and fish preservation fund of such county.

      Sec. 5.  Every person, firm or corporation engaged in the business of buying and selling, packing and preserving, or otherwise dealing in trout or other food fishes, obtained from private hatcheries of this state, shall procure a license for such business from the fish and game warden of the county wherein such selling, packing, and preserving is done, and shall pay an annual license fee of $2.50.

      Sec. 6.  When the proprietor of any licensed fish hatchery shall sell or dispose of any fish as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor, or his agent, stating the number of his license, and the name of such hatchery, the date of disposition, the kind, and as near as practicable the weight and number of such fish, the name and address of the purchaser, consignee or donee. Such invoice shall authorize transportation and use for six days after this date, and shall be substantially in the following form:

 

 

 

 

 

 

 

 

 

 

 

Private fish hatcheries may be established

 

 

 

 

Products may be sold

 

 

 

Restrictions regarding sales

 

County license for hatchery

 

 

License for dealers

 

 

 

 

Invoice to go with every sale of fish


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κ1911 Statutes of Nevada, Page 280 (CHAPTER 138)κ

 

 

 

 

Form of invoice

 

 

 

 

 

 

 

 

 

 

Duplicate invoice

 

Proviso

 

 

 

Invoice attached to shipment

 

 

 

 

 

 

 

 

 

 

 

False invoice illegal

 

 

Proprietors to report to state fish commission

 

 

 

 

Penalty

State of Nevada, Department of Fish Commission

Private Hatchery Invoice

Name of Hatchery, .........................................................................

Number of License, ................... Date, ........................................, 191.....

Kind and number of fish, ................................................................

Weight of same, ..................... pounds.

Name of Consignee, .................................................................

Address of Consignee, ....................................................................

      This authorizes transportation within this state, possession and sale for six days after date, if attached to article.

                                                          By .................................................................. , Proprietor.

                                                                                  ....................................................... , Agent.

      Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver, a duplicate of such invoice to the county fish and game warden of the county in which such hatchery is located; provided, that no invoice shall be required in case of fish lawfully taken or killed in such private hatchery during the open season therefor, and within the quantity provided by law while in the possession of the person killing the same, during the open season and for five days thereafter.

      Sec. 7.  When any such fish for which an invoice is required is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto, or to the package containing the same, in plain sight and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. If such fish is held, exposed or offered for sale, or sold by the consignee, or kept in any storage, hotel, restaurant, cafe or boarding-house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. In case of a sale or disposal of a part of such fish, the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of fishes disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the fish is prepared for consumption, and the same shall have the same force and effect as the original invoice.

      Sec. 8.  Any wilful misstatement in, or any omission of a substantial requirement from any invoice or copy thereof, shall render the same void and be deemed a violation of this act, and the possession of such fish shall be unlawful, and the possession of any fish without such invoice or a copy thereof, attached thereto, when so as above required, shall be unlawful. The proprietor of every private hatchery, licensed under the preceding sections, shall whenever required by the state fish commission, make and send to the commission a report showing as near as practicable the kind and number of the fish added and disposed of during the year preceding, and on hand at the date of the invoice.

      Sec. 9.  Any person or persons, or the agent of any corporation or company, violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or by imprisonment in the county jail not exceeding one hundred days, or by both such fine and imprisonment.


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

κ1911 Statutes of Nevada, Page 281 (CHAPTER 138)κ

 

shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or by imprisonment in the county jail not exceeding one hundred days, or by both such fine and imprisonment.

Penalty

 

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CHAPTER 139

Chap. 139–An act to amend an act entitled “An act creating a school of mines, to be located at Virginia City, Nevada,” approved March 20, 1903.

 

[Approved March 20, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section one of said act is hereby amended so that the same shall read as follows:

      There is hereby created a school of mines, to be known as the Virginia City school of mines, to be located at Virginia City, Storey County, Nevada, to be under the direction and control of the state board of education. The principal in charge of said school of mines shall receive a salary of two thousand dollars per annum, payable in twelve equal monthly installments on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect.

      Sec. 2.  The said state board of education are hereby authorized and empowered to expend for the support and maintenance of the Virginia City school of mines for the years 1911 and 1912, in addition to the salary of the principal in charge of said school of mines, the sum of four hundred and twenty-five dollars ($425).

 

 

 

 

 

 

 

 

Virginia mining school

 

 

 

Salary of principal

 

 

 

Expenditure for support of school

 

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CHAPTER 140

Chap. 140–An act to provide for the erection and equipment of an electrical building at the University of Nevada at Reno, Nevada, and making an appropriation therefor.

 

[Approved March 20, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of regents of the University of Nevada is hereby authorized and directed to construct and equip a suitable building upon the university land at Reno to be known as an electrical building, and to be used for purposes of instruction and research in electrical engineering and kindred subjects.

      Sec. 2.  The building shall be of brick, stone, and cement, and, with its equipment, shall not exceed in cost the sum of forty thousand ($40,000) dollars.

 

 

 

 

 

 

 

 

 

Electrical building for university

 

 

Character of building


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κ1911 Statutes of Nevada, Page 282 (CHAPTER 140)κ

 

 

Appropriation

 

 

 

 

Duties of controller and treasurer

      Sec. 3.  Forty thousand ($40,000) dollars are hereby appropriated out of any money in the general fund, not otherwise appropriated, for the construction and equipment of said electrical building, and in no case shall a contract be entered into for the building and equipment which shall exceed the sum of forty thousand ($40,000) dollars.

      Sec. 4.  The state controller is hereby authorized and directed to draw his warrant on the state treasury for the amount of these claims when approved by the board of regents of the state university and by the state board of examiners, and the state treasurer is hereby directed to pay the same.

 

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CHAPTER 141

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for measurement of water on irrigated area