[Rev. 8/25/2020 1:20:07 PM]

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ê1911 Statutes of Nevada, Page 301 (CHAPTER 150)ê

 

conviction of any person charged with stealing with or without force, any money, property or thing of value of any bank or trust company, and the state treasurer is hereby authorized, empowered and directed to pay out of the general fund of the state, all rewards so offered, when the same shall be approved by the board of examiners of this state, in the usual manner for allowing other claims against the state.

      Sec. 32.  It shall be unlawful for any officer, clerk or agent of any bank doing business under this act, to certify any check, draft or order drawn upon such bank, unless the person, firm or corporation drawing such check, draft or order has on deposit with the said bank at the time such check, draft or order is certified, an amount of money equal to the sum specified in said check. Any check, draft or order so certified by a duly authorized officer shall be a good and valid obligation against such bank, but the owner, officer, clerk or agent of any bank or banker, violating the provisions of this section shall be deemed guilty of a felony and upon conviction shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the state prison not to exceed five years, or by both such fine and imprisonment.

      Sec. 33.  Every banker, president, director, cashier, teller, clerk, officer or agent of any bank or banker who embezzles, abstracts, or wilfully applies any moneys, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange, mortgage, judgment, or decree, or who makes use of any bank in any manner, with intent in either case to injure or defraud any bank or individual, person, company or corporation, or to deceive any banker, or officer of any bank, and any person who, with like intent, aids or abets any officer, clerk, or agent in any violation of this section, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine not to exceed five thousand dollars or by imprisonment in the state prison not to exceed twenty years, or by both such fine and imprisonment.

      Sec. 34.  Any officer or employee of any bank who shall pay out of the funds thereof upon the check, order or draft of any individual, firm, corporation or association, which has not on deposit with such bank, a sum equal to such check, order or draft, shall be personally liable to such bank for the amount so paid, but any overdraft indebtedness thus created must be converted into a solvent note or actually paid within thirty days.

      Sec. 35.  No bank official shall give preference to any depositor or creditor by pledging the assets of the bank as collateral security, or otherwise; provided, that any bank may borrow money for temporary purposes, not to exceed the amount of its paid-up capital, and may pledge any of its assets as collateral security therefor; provided, further, that when it shall appear that a bank is borrowing habitually for the purpose of conducting its business, the bank examiner may require such bank to pay off such borrowed money.

 

 

 

 

 

Unlawful to certify check when maker’s deposit is not sufficient

 

 

 

 

 

 

 

Penalties for various unlawful acts

 

 

 

 

 

 

 

 

 

Overdrafts not permitted

 

 

 

 

No discrimination as to depositors or creditors


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ê1911 Statutes of Nevada, Page 302 (CHAPTER 150)ê

 

 

Exception

 

Impaired capital stock to be made within sixty days

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

National bank may incorporate as state bank, how

 

List of stockholders kept subject to public inspection

 

 

 

 

Said list sent to bank examiner

 

 

Penalty for refusal to allow examination

the purpose of conducting its business, the bank examiner may require such bank to pay off such borrowed money. Nothing herein shall prevent any bank from rediscounting in good faith and endorsing any of its negotiable notes.

      Sec. 36.  Whenever it shall appear that the capital stock of any bank, doing business under this act. has become impaired, the bank examiner shall notify such bank to make such impairment good within sixty days and it shall be the duty of the officers and directors of any bank receiving such notice from the bank examiner immediately to call a special meeting of the stockholders for the purpose of levying an assessment upon its stockholders, sufficient to cover the impairment of its capital stock; provided, that such bank, if not insolvent, may reduce its capital stock to the extent of such impairment, if such reduction will not place its capital below the amount required by this act; and provided further, that the bank shall have a prior lien upon the stock of each individual shareholder to the extent of such assessment and upon the failure of any such stockholder to pay the assessment authorized by this section within the time fixed by the bank examiner for making good said impairment, the lien may be foreclosed, and the stock of such delinquent stockholder sold, by giving public notice of the time and place of such sale, and of the stock to be sold, by advertisement for fifteen days in some newspaper of general circulation, published in the county where such bank is located.

      Sec. 37.  Any national bank doing business in this state may incorporate as a state bank as provided herein for the organization of banks; provided, that the bank examiner may accept good assets of such national bank, at their actual cash value, in lieu of cash payments for the stock of such state bank.

      Sec. 38.  The president and cashier of every incorporated bank shall cause to be kept at all times a full and correct list of the names and places of residence of its stockholders, and the number of shares held by each, in the office where its business is transacted. Such list shall be subjected to the inspection of all the stockholders and creditors of the corporation, and the officers authorized to assess taxes under state authority, during the business hours of each day in which business may be legally transacted. A copy of such list on the first Monday in January of each year, verified by the oath of such president or cashier, shall be transmitted to the bank examiner and shall be filed in his office for the use of said bank examiner and the Nevada state banking board, but shall not be exhibited to any other person nor its contents made known to any other person while such bank is solvent.

      Sec. 39.  Whenever any banker or officer of any bank shall refuse to submit the books, papers and effects of such bank to the inspection of the bank examiner or his deputies, or shall in any manner obstruct or interfere with them in the discharge of their duties, or refuse to be examined on oath touching the affairs of the bank, the bank examiner may revoke the authority of such bank to transact a banking business, to proceed to wind up its affairs.


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ê1911 Statutes of Nevada, Page 303 (CHAPTER 150)ê

 

discharge of their duties, or refuse to be examined on oath touching the affairs of the bank, the bank examiner may revoke the authority of such bank to transact a banking business, to proceed to wind up its affairs.

      Sec. 40.  Any banker or officer of any bank whose authority to transact a banking business has been revoked as herein provided who shall receive any deposit of whatsoever nature, after such revocation, shall be subject to the same penalty provided for persons transacting a banking business without authority.

      Sec. 41.  A bank may purchase, hold or convey real estate for the following purposes: First, such as shall be necessary for the convenient transaction of its business, including its furniture and fixtures, but which shall not exceed one-third of its capital and surplus; second, such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its business; third, such as it shall purchase at sale under judgment, decree or mortgage foreclosure under securities held by it, but shall not bid at any such sale a larger amount than is necessary to satisfy its debts and costs. Real estate shall be conveyed by an individual banker as in other cases, or under the corporate seal of the bank, and the hand of either its president, vice-president or cashier approved by a resolution of its directors. No real estate acquired in the cases contemplated in the second and third subsections above, shall be held for a longer time than ten years. It must be sold at a private or public sale within thirty days thereafter.

      Sec. 42.  The shares of stock of any incorporated bank shall be deemed personal property, and shall be transferred on the books of the bank in such manner as the by-laws thereof may direct, but no transfer of stock shall be valid against a bank or creditor thereof, so long as the registered holder thereof shall be liable as a principal debtor, surety or otherwise, to the bank for any debt, and no stock shall be transferred on the books of any banks where the registered holder thereof is in debt to the bank for any matured or unpaid obligations.

      Sec. 43.  It shall be unlawful for any bank to loan its funds to its stockholders upon their stock as collateral security; provided, that any bank may hold its stock to secure a debt previously contracted.

      Sec. 44.  For the purpose of carrying into effect the provisions of this act, the bank examiner shall provide a form for the necessary blanks for such examination and reports, and all reports received by him shall be preserved in his office; provided, the information thus secured shall not be given to any person while such bank is solvent, but shall only be used for the benefit of the bank examiner and the Nevada state banking board. All such reports and information shall be deemed and treated as confidential communications.

      Sec. 45.  Every banker, officer or employee of a bank, or banker required by this act to take an oath or affirmation, who shall wilfully swear or affirm falsely shall be deemed guilty or perjury, and upon conviction thereof shall be punished as provided by the laws of this state in cases of perjury.

 

 

 

Penalty for receipt of deposits after revocation of authority

 

Bank may hold real estate, when

 

 

 

 

 

 

 

Time of holding real estate in certain instances limited

Shares of stock deemed personal property

 

 

 

 

 

Bank’s stock not security for its own loans

Forms for reports provided by bank examiner


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ê1911 Statutes of Nevada, Page 304 (CHAPTER 150)ê

 

False swearing punished as perjury

 

Circulation of false reports regarding solvency of bank a misdemeanor

 

 

License for banking must be obtained

 

 

 

 

 

Classes of license

 

 

 

 

 

 

 

 

 

 

False advertising regarding capital stock prohibited

 

Composition of state banking board

banker required by this act to take an oath or affirmation, who shall wilfully swear or affirm falsely shall be deemed guilty or perjury, and upon conviction thereof shall be punished as provided by the laws of this state in cases of perjury.

      Sec. 46.  Any person circulating, knowing the same to be false, or instigating others to circulate either by word of mouth, writing or print, false, or derogatory stories concerning the credit or solvency of a banking institution shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed five hundred dollars or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

      Sec. 47.  No individual, bank, banking firm, trust company, corporation, company or other corporation, incorporated under the laws of this state, or of any other state or territory or foreign country, doing a banking business in this state, except banks doing business under the laws of the United States, shall engage in the banking business in this state without first obtaining from the bank examiner a license in the form presented by him, authorizing such individual, firm, corporation, company or trust company, to use the name and transact the business of a bank; said license to be regulated in proportion to their capitalization as follows: All those having a capitalization of $25,000 or less shall pay the said bank examiner for such license the sum of $100; all those having a capitalization of more than $25,000 and up to and including $100,000 shall pay a license of $150; all those having a capitalization of more the $100,000 up to and including $200,000 shall pay a license of $275; all those having a capital of more than $200,000 and less than $500,000 shall pay a license of $400; all those having a capital of $500,000 or more shall pay a license of $500, and shall pay annually thereafter, beginning April 1st of each year, a license equal to the original license provided in this section. All moneys collected as herein provided shall be paid into the general fund of the state treasury, and the state treasurer is hereby required to issue his receipt therefor.

      Sec. 48.  No bank, trust company, banker, officer of any bank, or trust company, or corporation doing a banking business, shall advertise in any manner or publish any statement of the capital stock authorized or subscribed, unless the amount of capital stock actually paid up shall be advertised or published therewith.

      Sec. 49.  The Nevada state banking board is continued and shall consist of the governor, who shall be ex officio chairman of the board, and of four other members who shall be appointed by the governor and none of whom shall be a stockholder or employee in any bank in the state; they shall hold office for the term of two years, unless sooner removed by the governor; and shall qualify by taking and subscribing to the constitutional oath of office, which shall be filed in the office of the secretary of state.


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ê1911 Statutes of Nevada, Page 305 (CHAPTER 150)ê

 

of the secretary of state. Said board shall meet at the capital at least four times each year and at such other times as the governor, the examiner, or any two members of the board shall request. The members so appointed shall receive ten dollars per day for their services while engaged in the performance of their duties and shall be entitled also to their traveling and other necessary expenses incurred in the performance of their duties. Said board shall have, in connection with the examiner, supervision and control of banks and banking in this state, and no persons, firms, associations or corporations shall be permitted to engage in the banking business in this state save in compliance with this act,

      Sec. 50.  The governor shall appoint a bank examiner who shall be a person who has had practical banking experience; he shall receive a salary of five thousand dollars per year payable in equal monthly installments out of the general fund of the state; he may be removed from office at any time by a majority vote of the whole banking board. During his term of office the examiner shall not be permitted to examine the affairs of any bank in which he has an interest nor of which he has an interest nor of which he is or within one year next preceding his appointment was an officer or employee. Until further action by the banking board the present bank examiner shall be continued in office with all the powers and duties thereby conferred and imposed. The examiner shall have the power to appoint and remove such deputy bank examiners as may be necessary to aid the examiner in carrying out the provisions of this act; the examiner shall fix the salaries of such deputies at the rate of not more than two thousand dollars per year for each deputy payable in monthly installments out of the general fund of the state. Such deputy or deputies shall perform such duties as the examiner shall direct. The bank examiner shall occupy the offices of the state banking board and shall act as secretary of the board. The seal of the state banking board shall be as heretofore prescribed and all licenses and orders issued by the board and by its authority shall be attested by the seal of the state banking board, and by the signature of the bank examiner.

      Sec. 51.  In addition to the other powers conferred upon him by this act, the bank examiner above provided for shall be charged with the enforcement of the provisions of this act, and of the rules and regulations adopted by the board, and shall during the intervals between the meetings of the board have the powers of the board, including the power to make rules and regulations for the government of banks doing business under the terms of this act; such rules and regulations to remain in force, however, only until the next meeting of the board, and unless approved by the board at such meeting of the board, said rules shall then cease to be of any force and effect. Such bank examiner shall perform such duties, in addition to those imposed by this act, as he may be ordered to perform by the board, and shall be subject to the authority and control of the board.

Meetings of board

 

Compensation of members

 

 

 

 

 

Appointment of bank examiner; salary

 

 

 

 

 

 

 

Deputy bank examiners

 

 

 

 

 

Seal

 

 

 

Powers and duties of bank examiner


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ê1911 Statutes of Nevada, Page 306 (CHAPTER 150)ê

 

 

Clearing-houses, how established and conducted

 

 

 

 

 

 

 

 

Bank examiner may take charge of bank, when

 

 

 

 

 

 

 

 

 

 

 

 

Bank may resume, when

 

Duties of examiner in regard to liquidation

by the board, and shall be subject to the authority and control of the board.

      Sec. 52.  Wherever, in any town, whether incorporated or unincorporated, or in any city of this state, there are two or more banks, bankers or trust companies, they may unite into an association or clearing-house and adopt rules and regulations for the government of banks belonging to such association or clearing-house; and all the banks of the state, or of any district of the state, may unite in a state or clearing-house association, or a district association or district clearing-house association, and any of such associations or clearing-house associations may make rules and regulations governing the members thereof, which said rules and regulations, when approved by the Nevada state banking board, shall be binding upon all the members of such associations or clearing-house associations, and have the full force and effect of rules adopted by the said Nevada state banking board.

      Sec. 53.  Whenever it shall appear to the examiner that any bank to which this act is applicable has violated its charter or any law of the state, or is conducting its business in an unsafe or unauthorized manner, or its capital is impaired, or it shall refuse to make the reports herein provided for, or refuse to permit its affairs to be examined by the examiner or his deputies or agents, or shall refuse to comply with any lawful requests or orders of the examiner or the state banking board; or shall suspend payment of its obligations; or if from any examination or report provided for in this act, the examiner shall have reason to conclude that such bank is in an unsafe or unsound condition to transact the business of banking, or that it is unsafe and inexpedient for such bank to continue in business, the examiner may forthwith take possession of the property and business of such bank and retain such possession until such bank shall resume business or its affairs be finally liquidated as herein provided. No bank, corporation, firm or individual knowing of such taking possession by the examiner, shall have a lien or charge for any payment, advance or clearance thereafter made, or liability thereafter incurred against any of the assets of the bank of whose property and business the examiner shall have taken possession as aforesaid. Such bank may, with the consent of the state banking board, resume business upon such conditions as may be approved by them.

      Sec. 54.  Upon taking possession of the property and business of such bank, the examiner is authorized to collect moneys due to such bank and do such other acts as are necessary to conserve its assets and business, and shall proceed to liquidate the affairs thereof as hereinafter provided. The examiner shall collect all debts and claims to enforce all liabilities and rights of action accrued to or belonging to such bank, and may institute and prosecute all proper and necessary actions for that purpose, and may sell or compound all bad or doubtful debts, and upon the order of the district court for the county where the bank carried on business, may sell all the real and personal property of such bank on such terms as the court shall direct; and may, if necessary to pay the debts of such bank, if a corporation, enforce the individual liability of its stockholders.


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ê1911 Statutes of Nevada, Page 307 (CHAPTER 150)ê

 

actions for that purpose, and may sell or compound all bad or doubtful debts, and upon the order of the district court for the county where the bank carried on business, may sell all the real and personal property of such bank on such terms as the court shall direct; and may, if necessary to pay the debts of such bank, if a corporation, enforce the individual liability of its stockholders. The examiner may employ such clerks and assistants and incur such expenses for the rent, office supplies and other proper and reasonable expenses as may be necessary in the preservation and liquidation of the business of such bank, and in special and important cases may employ an attorney, or attorneys at law, as special counsel to assist in the conduct of any particular case, whose compensation shall be fixed by the state banking board at such reasonable and proper sum as may be determined upon by them, for the service rendered. In ordinary cases, and for the usual advice and assistance that the examiner may require in all legal matters, such services shall be rendered by the district attorney of the county where said banking business was carried on, and also upon request of the examiner, by the attorney-general, without additional compensation, except that the state banking board may, in their discretion, allow the district attorney such sum as may be adjudged reasonable by them, not exceeding, however, fifty ($50) dollars per month, during the period of the rendition of said services.

      Sec. 55.  The examiner shall require from the clerks and assistants, including a deputy examiner, if any, employed in the settling up of the affairs of any bank, in accordance with this section, such security for the faithful performance of their duties as he may deem proper.

      Sec. 56.  The examiner shall cause notice to be given by advertisement, in one or more newspapers, published in the place where said banking business was carried on, weekly, for two successive months, calling on all persons who may have claims against such bank, to present the same to the examiner, and make legal proof thereof, at a place and within a time not earlier than the last date of publication, to be therein specified. The examiner shall mail a similar notice to all persons whose names appear as creditors, upon the books of such bank. If the examiner doubts the justice and validity of any claim, he may reject the same, and serve notice of such rejection, upon the claimant, either by mail or personally. An affidavit of service of such notice shall be prima facie evidence thereof, and shall be filed in his office. An action upon a claim so rejected, must be brought within three months after such service, and a judgment for such claim shall have the effect only of placing the claim on the same basis as an approved claim, and shall create no lien or preference on the property or assets in the examiner’s hands, nor shall any execution be issued in such judgment. Claims presented after the expiration of the time fixed in the notice to creditors, shall be entitled to share in the distribution only to the extent of the assets in the hands of the examiner, equitably applicable thereto.

 

 

 

 

Assistance may be employed

 

 

 

 

 

 

Regarding legal advice

 

 

 

 

 

Assistants to give bonds

 

 

 

Notice to creditors of closed bank to be advertised and mailed


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ê1911 Statutes of Nevada, Page 308 (CHAPTER 150)ê

 

 

 

 

 

 

 

Inventory of closed bank made and filed with board

 

 

 

 

 

 

Expenses to be paid from funds of closed bank

Collections to be deposited in solvent banks

 

 

 

Dividends of closed bank, how paid

 

 

 

 

Redress of officers of closed bank

be entitled to share in the distribution only to the extent of the assets in the hands of the examiner, equitably applicable thereto. After the posting of the notice provided for in section 24 of this act, or the taking possession of any bank by the examiner, no attachment, execution or other writ shall be levied upon the property or assets of such bank until such possession shall have been surrendered by the examiner in accordance with the provisions of this act.

      Sec. 57.  Upon taking possession of the property and assets of such bank, the examiner shall make an inventory of the assets thereof, in duplicate; one to be filed in the office of the state banking board at the capitol, and one to be kept at the place where said banking business was carried on, and upon the expiration of the time fixed for the presentation of claims, the examiner shall make in duplicate a complete list of the claims presented, including and specifying such claims as have been rejected by him; one to be filed in the office of the state banking board at the capitol, and one to be retained and kept at the place where said banking business was carried on, which inventory and list of claims shall be open at all reasonable times to inspection.

      Sec. 58.  The compensation of all special counsel, employees, assistants, and the extra compensation allowed to the district attorney, if any, and all expenses of supervision and liquidation, except the salaries of the examiner and deputy examiner, if any, shall be paid by the examiner out of the funds of such bank in his hands. The moneys collected and realized by the examiner shall be from time to time deposited in one or more banks of deposit, organized under the laws of this state, and designated by the state banking board, which bank or banks shall give bonds to secure the payment of such deposits on demand. Such bonds shall be subject to the approval of the examiner.

      Sec. 59.  At any time after the expiration of the date fixed for the presentation of claims, the examiner may, out of the funds remaining in his hands, after the payment of expenses, declare one or more dividends, and after the expiration of one year from the first publication of notice to creditors, he may declare a final dividend; such dividends to be paid to such persons and in such amounts as may be found to be correct.

      Sec. 60.  Whenever any banker, or banking corporation, or association, of whose property and business the examiner has taken possession, or of which he threatens to take possession, as aforesaid, feels aggrieved thereby, it may, after suit filed, at any time not later than ten days after such taking possession, apply to the district court in the judicial district in which the bank is located, to enjoin further proceedings; and the court, after citing the examiner to show cause why further proceedings should not be enjoined, and hearing the allegations and proofs of the parties, and determining the facts, may, upon the merits, dismiss such application, or enjoin the examiner from further proceedings, and direct him to surrender such business and property to such banker, or banking corporation, firm or association.


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ê1911 Statutes of Nevada, Page 309 (CHAPTER 150)ê

 

allegations and proofs of the parties, and determining the facts, may, upon the merits, dismiss such application, or enjoin the examiner from further proceedings, and direct him to surrender such business and property to such banker, or banking corporation, firm or association. Such suits shall be brought to trial at the earliest time practicable, and shall be entitled to preference over other civil cases.

      Sec. 61.  Whenever the examiner shall have paid to each and every depositor and creditor of said bank, whose claim or claims shall have been duly proved and allowed, the full amount of such claims, and shall have made proper provision for unclaimed and unpaid deposits or dividends, and shall have paid all the expenses of the liquidation, the examiner shall pay over the surplus remaining in his hands, to the individual, firm, corporation, or association entitled to receive the same.

      Sec. 62.  The examiner shall report to the state banking board, semiannually, the names and locations of banks, so taken possession of and liquidated, and the sums of unclaimed and unpaid deposits or dividends, with respect to each of them. respectively, and such dividends and unclaimed deposits remaining unpaid, in the hands of the examiner, for six months after the final distribution, shall be by him deposited in one or more banks, complying with the provisions of this act, to the credit of the state banking board, in trust for the several depositors and creditors of the liquidated bank from which they were received, and the said state banking board shall pay over the money so held to the persons respectively entitled thereto, upon being furnished satisfactory evidence of their right to the same.

      Sec. 63.  Whenever any bank shall voluntarily place itself in the hands of the bank examiner, the said bank examiner shall immediately take possession of such bank and of its assets and he shall proceed to administer and liquidate its property and assets as herein provided in case of an involuntary taking possession by the examiner.

      Sec. 64.  After the bank examiner shall have taken possession of any bank which is subject to the provisions of this act, the owner, in case it is an unincorporated bank, or if a corporation, its stockholders, may repair its credit, restore or substitute its reserves or otherwise place it in a condition so that it is qualified to do a general banking business as before it was taken possession of by the bank examiner, but such bank shall not be permitted to reopen its business until the bank examiner after a careful investigation of its affairs, is of the opinion that the law has been complied with and that its credits and funds are in all respects repaired, and its reserves restored or sufficiently substituted, and that it should be permitted to again reopen for business. Whereupon, the examiner is authorized to issue written permission for the reopening of said bank, in the same manner as herein otherwise provided.

 

 

 

 

 

Closing up of liquidation, how accomplished

 

 

 

Examiner to report semiannually on closed banks

 

 

 

 

 

 

 

Voluntary liquidation, proceedings under

 

 

How bank may be restored and resume business


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ê1911 Statutes of Nevada, Page 310 (CHAPTER 150)ê

 

 

 

Bond of bank examiner, $100,000

 

 

Bond of deputies, $50,000

 

 

 

Every bank examined twice each year

 

 

 

 

 

 

 

Expenses of bank examiner and deputies

 

 

Salaries paid from state funds

 

 

 

 

Penalties for misconduct of banking board, bank examiner and deputies

reopening of said bank, in the same manner as herein otherwise provided. Thereupon said bank may be reopened to do a general banking business.

      Sec. 65.  The bank examiner shall, before entering upon the discharge of his duties, take and subscribe the usual oath of office and execute to the State of Nevada a bond in the sum of $100,000, with sufficient surety for the performance of his duty, to be approved by and filed with the Nevada state banking board.

      Sec. 66.  The deputy bank examiners, if any, shall before entering upon the discharge of their duties, take and subscribe the same oath of office as their principal, and execute to the State of Nevada a bond in the sum of $50,000 with sufficient surety for the faithful performance of their duty, to be approved by and filed with the Nevada state banking board

      Sec. 67.  It shall be the duty of the bank examiner or one of his deputies to visit each and every bank subject to the provisions of this act, at least twice each year, and oftener, if he deem it advisable, for the purpose of making a full and careful examination and inquiry into the condition of such bank, and for that purpose the bank examiner and his deputies are hereby authorized and empowered to administered oaths, and to examine under oath, the owners, stockholders and directors and all officers and employees and agents of such banks or other persons. The result thereof may be reduced to writing, which shall contain a true statement of the condition of such bank.

      Sec. 68.  The bank examiner and deputy bank examiners shall be allowed all necessary traveling expenses, when away from the capital on official business, subject to the approval of the Nevada state banking board, all such traveling expenses to be paid out of the general fund of the state.

      Sec. 69.  The salaries of the said bank examiner, his deputies and the members of the Nevada state banking board, and the traveling expenses and hotel expenses of each, shall be paid by the state treasurer upon warrants drawn by the state controller, when the same shall have been approved by the board of examiners of this state, out of the general fund of the state treasury, in the same manner as other state officers are paid.

      Sec. 70.  The Nevada state banking board or any member thereof, or any bank examiner or deputy bank examiner, who shall neglect to perform any duty provided by this act, or who shall make any false statement or any statement, except in the exercise of his duty concerning any bank, or who shall be guilty of a misconduct or corruption in office, shall, upon conviction thereof, be deemed guilty of felony and punished by a fine not exceeding one thousand dollars or imprisonment in the state prison not exceeding five years, and in addition thereto shall be removed from office.


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ê1911 Statutes of Nevada, Page 311 (CHAPTER 150)ê

 

      Sec. 71.  It shall be the duty of the bank examiner to inform the district attorney of the county in which the bank is located, of any violation of any of the provisions of this act, which constitutes a misdemeanor or felony, by the officers, owners, or employees of any bank, and upon receipt of such information the district attorney shall institute proceedings to enforce the provisions of this act.

      Sec. 72.  The powers, privileges, duties and restrictions conferred and imposed upon any corporation or individual, existing and doing business under the laws of this state are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters. The legality of investments heretofore made, or of transactions heretofore had, pursuant to any provisions of law in force when such investments were made or transactions had, shall not be affected by the provisions of this act, except as the same can be done gradually by the sale or redemption of the securities so invested in, in such manner as to prevent loss or embarrassment in the business of such corporation or individual, or unnecessary loss or injury to the borrowers on such security; provided, all investments, transactions, loans, and requirements shall be made to conform to the provisions of this act, within the period of eighteen months from the time of the enactment thereof.

      Sec. 73.  Each section of this act, and every part of each section is hereby declared to be independent of every other section and part of section, and the holding of a section or part of section to be void or ineffectual for any cause shall not be deemed to affect any other section or part of section.

      Sec. 74.  Where no other punishment is provided herein, any person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100), or more than five hundred dollars ($500), or by imprisonment in the county jail for not less than thirty days, or both, in the discretion of the court.

      Sec. 75.  The words “corporation,” “banking corporation,” “bank,” “trust company,” or “banker,” as used in this act, shall refer to and include banks, savings banks, and trust companies, individuals, firms, associations and corporations of any character conducting the business of receiving money on deposit or otherwise carrying on a banking or trust company business, except as herein specially provided.

      Sec. 76.  All provisions of an act entitled “An act providing a general incorporation law,” approved March 13, 1903, as amended, not in conflict with this act are hereby adopted as a part of this act.

      Sec. 77.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed, but such repeal shall not affect any civil actions or rights of action nor the prosecution of any person or persons for any offenses which may now exist or which have been heretofore committed under existing laws.

District attorneys to act when notified of violation of this act

 

 

Charters of banks made to conform to this act

 

 

 

 

Legality of investments not affected

 

 

Future transactions must conform

 

Each section of this act declared independent

 

 

General penalty prescribed

 

 

 

Terms and words used defined

 

 

 

Previous banking act ratified

 

Repeal of conflicting acts


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

ê1911 Statutes of Nevada, Page 312 (CHAPTER 150)ê

 

 

 

 

Appropriation

 

 

Bank examiner to immediately take charge of all banks in hands of receivers

 

 

 

 

 

 

 

Receiver may inspect books of such banks

 

 

 

 

 

 

 

Receivers to make complete report to bank examiner

 

 

 

 

 

Actions at law not affected by these provisions

not affect any civil actions or rights of action nor the prosecution of any person or persons for any offenses which may now exist or which have been heretofore committed under existing laws.

      Sec. 78.  For the purpose of carrying this act into effect and paying the salaries and expenses herein provided for, and incident hereto, the sum of twenty thousand ($20,000) is hereby appropriated out of the state treasury.

      Sec. 79.  Within ten days after the approval of this act, the bank examiner shall take possession of all banks and their property and accounts of whatsoever kind and nature which may now be in the custody or possession or control of any receiver or receivers heretofore appointed under the laws of this state; and said bank examiner shall thereupon proceed to administer, liquidate and settle the same as in this act provided, in so far as is necessary to complete the settlement and liquidation of the assets, business and affairs of such banks. And it is hereby made the duty of all such receivers, their agents, employees and representatives to turn over and deliver to said bank examiner, or deputy examiner appointed by him, all real and personal property, accounts, moneys, evidences of indebtedness and securities therefor, books and things of every description belonging to such bank or banks, or relating to their business, together with the possession and custody thereof; provided, that the bank examiner shall permit any such receiver to inspect such books, papers and other memoranda, or the property and things so turned over and delivered to said bank examiner, for the purpose of preparing his final accounts; and it is hereby made the duty of all receivers of banks now holding office under appointment by any court in this state, within sixty days after the approval of this act, to file with the clerks of the respective courts from which the respective appointments of said receivers issued, a full and complete statement and accounting of all their acts, receipts and disbursements, with proper vouchers, of their respective receiverships, and receive their discharges from such courts when such final accounts are duly accepted and approved by said courts. And such receivers shall also deliver to the bank examiner a true and correct copy of said statement and accounting so made to the court, together with a full and complete statement of all debtors and creditors of such respective banks and receiverships, with the amount due from or to each of such debtors or creditors, and the terms and conditions of such indebtedness; provided, also, that no suit, action or proceeding which may have been begun by such receiver or receivers, or in which he or they is or are a party or parties, and no right of action which may have accrued to him or them, shall be avoided or rendered ineffectual by anything herein contained, or done pursuant hereto; but such suits, actions, proceedings and rights of action may be carried on and continued and shall inure to such bank examiner for the use and benefit of such respective trusts, as fully and effectually as if such receiver or receivers had continued as such; and the bank examiner shall not dismiss any such action, suit or other proceeding except on the order and approval of the state banking board.


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

ê1911 Statutes of Nevada, Page 313 (CHAPTER 150)ê

 

the use and benefit of such respective trusts, as fully and effectually as if such receiver or receivers had continued as such; and the bank examiner shall not dismiss any such action, suit or other proceeding except on the order and approval of the state banking board. And the said bank examiner shall be substituted for any such receiver or receivers in any such action or proceeding now pending in which any such receiver or receivers is or are a party or parties. All attorneys, agents, clerks and assistants now in the employ or acting for and in behalf of any such receiver or receivers shall continue to act in the same capacity, and on the same terms and conditions, until such time as the bank examiner and state banking board shall otherwise provide. All contracts and agreements heretofore entered into by any such receiver duly authorized by the courts by which such receiver was appointed, shall be equally binding on said bank examiner for the use and benefit of such trust, and the bank examiner shall be deemed to be substituted for such receiver in all such contracts and agreements. For the purpose of carrying out the provisions of this section, and subject to the approval of the state banking board, the bank examiner shall appoint such special deputies, clerks, assistants and attorneys as shall be deemed necessary, and fix their compensation, same to be paid out of the funds and assets of the said respective trusts for the settlement and liquidation of which such special deputies, clerks, assistants and attorneys are appointed or employed.

 

 

 

Bank examiner substituted for receiver in legal actions

 

 

 

Contracts now existing binding

 

 

 

Special deputies when necessary

 

________

 

CHAPTER 151

Chap. 151–An act to make criminal the selling, giving, or in any manner disposing of, or the causing to be sold, giving or disposed of spirituous, malt, or intoxicating wines or liquors to habitual or common drunkards or dipsomaniacs who are members of families and who are, when drunk, menaces to the life, health or peace of their families or who when lawfully bound to do so, fail to provide for their families the common necessaries of life.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of every saloon-keeper or retail liquor dealer, when requested to do so by the sheriff or other peace officer of the county, or by the parent, wife, child, brother, sister or guardian of an habitual or common drunkard or dipsomaniac who is a member of a family, and a menace, when drunk, or intoxicated, to the life, health or peace of his family, or who when lawfully bound to do so fails to provide for his family the common necessaries of life, to place or post the name of such habitual or common drunkard or dipsomaniac in an appropriate place on a bulletin-board upon which shall be conspicuously placed or posted the words “Drunkards or Dipsomaniacs to Whom Intoxicants Are Forbidden,” which said bulletin-board shall be conveniently placed back of the bar in the barroom or establishment of such saloon-keeper or retail liquor dealer in such a manner that it can be readily seen by bartenders back of the bar, but not by patrons of the bar.

 

 

 

 

 

 

 

 

 

 

 

 

Selling of liquor to certain persons prohibited


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

ê1911 Statutes of Nevada, Page 314 (CHAPTER 151)ê

 

 

 

 

 

 

 

Liquor dealers when notified prohibited from serving liquor to certain persons

 

 

 

 

 

 

Penalty

the name of such habitual or common drunkard or dipsomaniac in an appropriate place on a bulletin-board upon which shall be conspicuously placed or posted the words “Drunkards or Dipsomaniacs to Whom Intoxicants Are Forbidden,” which said bulletin-board shall be conveniently placed back of the bar in the barroom or establishment of such saloon-keeper or retail liquor dealer in such a manner that it can be readily seen by bartenders back of the bar, but not by patrons of the bar.

      Sec. 2.  It shall be unlawful for any saloon-keeper or retail liquor dealer, or for his bartender, employee or other agent, upon being informed by the sheriff or any peace officer of the county, or by the parent, wife, child, brother, sister or guardian of an habitual or common drunkard or dipsomaniac who is a member of a family, and a menace, when drunk or intoxicated, to the life, health or peace of his family or who when lawfully bound to do so, fails to provide for his family the common necessaries of life, that such are the facts, or upon the name of such drunkard or dipsomaniac being posted as in section one provided, to sell, give or in any way dispose of, or to cause to be sold, disposed of or given to, such drunkard or dipsomaniac, any spirituous, malt or intoxicating wines or liquors.

      Sec. 3.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.

 

________

 

CHAPTER 152

 

 

 

 

 

 

 

 

 

Minor barred from places where liquor is sold

Chap. 152–An act prohibiting certain persons from remaining in saloons, and fixing penalties for the violation thereof.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any proprietor, keeper or manager of a saloon, or resort where spirituous, malt, or fermented liquors or wines are sold, who shall, knowingly, allow or permit any person under the age of twenty-one years to remain therein, is guilty of a misdemeanor, and shall be punished by a fine of not less than $25 nor more than $100.

 

________

 

 


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

ê1911 Statutes of Nevada, Page 315ê

CHAPTER 153

Chap. 153–An act to facilitate the execution of deeds and conveyances of property of persons who are bound by bond or contract to convey real estate or transfer personal property, but who die before making the conveyance or transfer, authorizing the district court having jurisdiction over the estate to decree that the executor or administrator complete the execution of the contract.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  If any deceased person was, at the time of his death, a party to a bond or contract in writing for a deed for a sale and conveyance of real estate, or personal property, his interest in said property may be conveyed by his executor or administrator, upon full compliance of the terms and conditions of such bond or contract by the other parties thereto, and a deed of conveyance so made shall transfer the same title as though made by such deceased if alive. Such conveyance shall be made upon report to the district court of the county in which the estate of such deceased person is being administered, showing that all the terms and conditions of said bond or contract have been met, and if satisfied therewith, said district court shall thereupon make an order authorizing and directing the execution of requisite deed or transfer to the proper parties.

      Sec. 2.  This act shall affect the estates of deceased persons now being probated.

 

 

 

 

 

 

 

 

 

 

 

Executors may complete contract of decedent in conveying property

 

 

 

 

 

 

 

Present cases included

 

________

 

CHAPTER 154

Chap. 154–An act to prohibit the use of deception, misrepresentation, false advertising or false pretenses in the procuring of employees to work in any department of labor in the State of Nevada, and fixing penalties, criminal and civil, for the violation thereof.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person, persons, company corporation, society, association or organization of any kind doing business in this state, association, or organization of any kind doing business in this state, by himself, itself, themselves, his, its, or their agents, or attorneys to induce, influence, persuade or engage workmen to change from one place to another in this state, or to bring workmen of any class or calling into this state to work in any of the departments of labor in this state, through means of false or deceptive representations, false advertising or false pretenses concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of their employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees at the time of or prior to such engagement, proposal or contract for such employment of workmen.

 

 

 

 

 

 

 

 

 

 

Unlawful for employers to misrepresent labor conditions


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

ê1911 Statutes of Nevada, Page 316 (CHAPTER 154)ê

 

 

 

 

Penalties

 

 

 

 

 

 

Right of action defined

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

sanitary or other conditions of their employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees at the time of or prior to such engagement, proposal or contract for such employment of workmen.

      Sec. 2.  Any person, persons, company, corporation, society, association or organization of any kind doing business in this state, as well as his, their, or its agents, attorneys, servants or associates found guilty of violating section one (1) of this act, or any part thereof, shall be fined in a sum not less than two hundred dollars ($200), nor more than two thousand dollars ($2,000), or confined in the county jail for a period of not less than sixty days nor more than one year, or when the defendant or defendants is or are a natural person or persons, by both such fine and imprisonment.

      Sec. 3.  Any workman of this state or any workman of another state who has been or shall be influenced, induced or persuaded to engage with any person mentioned in section one (1) of this act, or any company, corporation, society or organization mentioned in section one (1) of this act, through or by means of any of the things therein prohibited, after this act becomes in force and effect, and each of such workmen shall have a cause of action for recovery and may recover at law, for all damages that each of such workmen shall have sustained in consequence of the false or deceptive representations, false advertising or false pretenses, used to induce him to change his place of employment, or place of abode in case such workman shall not be then employed at the time of such inducement and hiring, against any person or persons, corporations, companies or associations, directly or indirectly causing such damages; and in any action under this act, for the recovery of such damages, the court shall have the power to award a reasonable attorney’s fee in favor of the prevailing party and to be taxed as costs against the losing party therein.

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

      Sec. 5.  This act shall take effect and be in force from and after its passage and approval.

 

________

 

CHAPTER 155

 

Chap. 155–An act supplementary to an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  In all cases in the settlement of the estates of deceased persons, the court or judge may, on a petition setting forth facts showing the advisability, and upon notice the same as on petition for the sale of real property, and on sufficient proof, make an order authorizing the mortgaging of real or personal property belonging to the estate, by the executor or administrator.


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

ê1911 Statutes of Nevada, Page 317 (CHAPTER 155)ê

 

forth facts showing the advisability, and upon notice the same as on petition for the sale of real property, and on sufficient proof, make an order authorizing the mortgaging of real or personal property belonging to the estate, by the executor or administrator.

Property of estate may be mortgaged, when and how

 

________

 

CHAPTER 156

Chap. 156–An act to amend section four of an act relating to marriage and divorce, approved November 28, 1861.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 4.  It shall be lawful for any ordained minister of any religious society or congregation within this state, who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any justice of the supreme court, or for any judge of the district court in his district, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel, upon producing to the district court of any count, or district within this state, credentials of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the county clerk in every county in which he shall solemnize any marriage, his license so obtained, and the said clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such clerk. The record so made, or the certificate thereof by the said clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages.

 

 

 

 

 

 

 

 

 

What ministers may perform marriage rite

 

 

 

License must be procured

 

 

 

 

Must be regular minister

 

Must exhibit license to county clerk

 

________


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

ê1911 Statutes of Nevada, Page 318ê

CHAPTER 157

 

 

 

 

 

 

 

 

 

Attorneys for indigent defendants to be paid by county

Chap. 157–An act to amend section one of an act entitled “An act to provide for the payment of attorneys in certain cases,” approved March 5, 1875.

 

[Approved March 22, 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 as to read as follows:

      Section 1.  An attorney appointed by a court to defend a person indicted for any offense is entitled to receive from the county treasury the following fees: For a case of murder, one hundred dollars; for a felony or misdemeanor, such fee as the court may fix, not to exceed fifty dollars. Such compensation shall be paid by the county treasurer out of any moneys in the treasury, not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required.

 

________

 

CHAPTER 158

 

 

 

 

 

 

 

 

Legal residence defined

 

 

 

 

Proviso

Chap. 158–An act defining what shall constitute legal residence in the State of Nevada.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The legal residence of a person with reference to his or her right of suffrage, eligibility to office, right of naturalization, right to maintain or defend any suit at law or in equity, or any other right dependent on residence, is that place where he or she shall have been actually, physically and corporeally present within the state or county, as the case may be, during all of the period for which residence is claimed by him or her; provided, however, should any person absent himself from the jurisdiction of his residence with the intention in good faith to return without delay and continue his residence, the time of such absence shall not be considered in determining the fact of such residence.

 

________

 

CHAPTER 159

 

Chap. 159–An act restricting the sale, barter, exchange or other disposal of liquors and providing penalties for the violation of the same, and repealing certain conflicting acts.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful to grant a license to any person, firm or corporation to sell, barter, exchange or otherwise to dispose of any malt, spirituous, vinous or other intoxicating liquors within five miles of any camp or assemblage of men engaged in the construction or reconstruction of any railway or government construction or reconstruction works where twenty-five or more men are employed.


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

ê1911 Statutes of Nevada, Page 319 (CHAPTER 159)ê

 

wise to dispose of any malt, spirituous, vinous or other intoxicating liquors within five miles of any camp or assemblage of men engaged in the construction or reconstruction of any railway or government construction or reconstruction works where twenty-five or more men are employed.

      Sec. 2.  Any person who shall sell, barter or exchange or offer for sale, barter or exchange, or shall otherwise dispose or offer to dispose of any malt, spirituous, vinous or other intoxicating liquors within five miles of any camp or assemblage where twenty-five or more men are engaged in the construction or reconstruction of any railway or government construction or reconstruction works shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for each offense or by imprisonment in the county jail for not less than thirty days nor more than six months or by both such fine and imprisonment, and any attempt to avoid the provisions of this act by giving or disposing of any such liquors to any person or persons on the pretense or for the reason that such person or persons has or have purchased or designs or design or is or are expecting to purchase some other article, shall be deemed a sale within the provisions of this act; provided, that nothing in this act shall apply to the sale of liquors made under a license issued by any incorporated town or city nor to sales at a saloon, store or hotel at which such liquors are sold or otherwise disposed of outside of the corporate limits of towns and cities where such saloon, store or hotel has been established in a substantial building of permanent character and has been licensed for at least six months immediately prior to the beginning of such construction work within the said five-mile limit.

      Sec. 3.  It shall be the duty of the board of county commissioners of the several counties to forthwith revoke all and any such license for the sale of such liquors within their respective counties within such five-mile limit, excepting those licenses issued by any incorporated town or city and licenses issued at least six months immediately prior to the commencement of such construction or reconstruction work. Upon the revocation of any such license as under the provisions of this act, the said county commissioners shall provide for the payment to the licensee of a sum of money which shall bear the proportion to the whole amount paid for such license that the unexpired portion of the term for which the license was issued bears to the whole term.

      Sec. 4.  An act restricting the sale of liquors and providing penalties for the violation of the same, approved March 19, 1907, is hereby repealed.

Liquor selling restricted near construction camps

 

 

Penalties

 

 

 

 

 

 

 

 

 

 

 

Proviso as to regularly established businesses

 

 

 

 

 

Duties of county commissioners

 

 

 

 

Residue of license money returned

 

Repeal of previous act

 

________

 

 


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

ê1911 Statutes of Nevada, Page 320ê

CHAPTER 160

 

 

 

 

 

 

 

 

 

 

 

 

Regarding mechanics’ liens

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lien must be filed within certain time

 

 

 

 

 

Variance to defeat lien

Chap. 160–An act to amend section five, as the same has heretofore been amended, of an act entitled “An act to secure liens to mechanics and others and to repeal all other acts in relation thereto,” approved March 2, 1875.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section five, as the same has been heretofore amended, of an act entitled “An act to secure liens to mechanics and others and to repeal all other acts in relation thereto,” approved March 2, 1875, is hereby amended to read as follows:

      Section 5.  It shall be the duty of the owner of any building, improvement, or structure, mentioned in section one of this act, upon or after the completion thereof, or of any alteration or repair thereof, to file or cause to be filed with the county recorder of the county where the same or some part thereof is situated, an affidavit, under the oath of himself or of some other person conversant with the facts, stating that such building, improvement or structure, or the alteration or repair thereof, as the case may be, has been completed, giving the date of such completion, and a description of the same sufficient for identification. If any such affidavit be filed before the building, improvement or structure, or the alteration or repair thereof, as the case may be, has in fact been completed, such filing shall be void and a mere nullity, and the time within which any claim of lien as hereinafter provided shall be filed, shall not commence to run until after such building, improvement or structure, or the alteration or repair thereof, as the case may be, has in fact been completed, and a valid and legal affidavit thereafter been filed. Every person claiming the benefit of this chapter shall, not earlier than ten days after the completion of his contract, or the delivery of material by him, or the performance of his labor, as the case may be, and not later than fifty days after filing of the owner or other person as aforesaid of the affidavit hereinbefore provided for, or within fifty days after the performance of any labor in a mining claim, file for record with the county recorder of the county where the property or some part thereof is situate, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner if known, also the name of the person by whom he was employed or to whom he furnished the material, a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person.

      Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same shall result from fraud or be made intentionally, or shall have misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform the proof.


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

ê1911 Statutes of Nevada, Page 321 (CHAPTER 160)ê

 

or be made intentionally, or shall have misled the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform the proof. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular shall prejudice the rights of an innocent, bona fide purchaser or encumbrancer for value. But upon the trial, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner, in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner, a notice directing such person or persons to be and appear, within the same time as is provided by law for the appearance in other actions after the service of summons, and said notice shall be served in all respects as a summons is required to be served, before in said court and to show cause why he should not be substituted in said claim of lien and in said suit in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake, and to further show why he should not be bound by the judgment or decree of the court. And such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.

 

 

 

 

Error as to correct name not to defeat lien

 

 

 

 

Substitution, how made

 

________

 

CHAPTER 161

Chap. 161–An act making it lawful for the district judge for each judicial district of this state, to sign any and all minutes and records of the district court for which he is incumbent, left unsigned by his predecessor in office, or by any district judge previously sitting in the district or county, and making such minutes and records when thus signed of the same force and effect, as if they had been signed by such predecessor or such district judge previously sitting.

 

[Approved March 22, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  At any time after the passage and approval of this act, it shall be lawful for the district judge of each judicial district of this state, during his continuance in office, to sign any and all minutes and records of the court of the district for which he is incumbent, in whatsoever district or county the same may be, left unsigned by his predecessor in office or by

 

 

 

 

 

 

 

 

 

 

 

 

 

District judge may sign papers, etc., left unsigned by predecessor


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

ê1911 Statutes of Nevada, Page 322 (CHAPTER 161)ê

 

District judge to sign papers

any district judge previously sitting in the said district or county, and such minutes and records, when thus signed, shall have the same force and effect, to which they would have been entitled, had they been signed by such predecessor in office, or by such district judge previously sitting in the said district or the said county.

 

________

CHAPTER 162

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public service commission created

 

Railroad commission to be public service commission

 

 

 

 

 

 

Term “public utility” defined

Chap. 162–An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  A public service commission is hereby created, whose duty it shall be to supervise and regulate the operations of the public utilities hereinafter named, such supervision and regulation to be in conformity with the provisions of this act.

      Sec. 2.  The railroad commission of Nevada shall be, ex officio, the public service commission hereby created, and for the purposes of this act it shall be known as and styled “Public Service Commission of Nevada.” It shall provide itself with a seal bearing these words, by which its official acts shall be authenticated in all cases where a seal is required; and in the name, as above set forth, it may sue and be sued in the courts of the state and of the United States. The secretary of the railroad commission of Nevada shall act as secretary of the commission hereby created, but the business of the public service commission shall be kept entirely separate from that of the railroad commission.

      Sec. 3.  The term “public utility” within the meaning of this act shall embrace every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may own, operate or control any plant or equipment, or any part of a plant or equipment within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service whether within the limits of municipalities, towns or villages, or elsewhere; and the public service commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village.


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ê1911 Statutes of Nevada, Page 323 (CHAPTER 162)ê

 

within the limits of municipalities, towns or villages, or elsewhere; and the public service commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village.

      Sec. 4.  In addition to the modes of procedure hereinafter prescribed in particular cases and classes of cases, said commission shall have power to prescribe rules of procedure, and to do all things necessary and convenient in the exercise of the powers by this act conferred upon the commission; provided, that nothing in this act shall be construed as vesting judicial powers in said commission, or as denying to any person, firm, association, corporation, municipality, county, town or village the right to test in a court of competent jurisdiction the legality or reasonableness of any final order made by the commission in the exercise of its duties or powers.

      Sec. 5.  Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, water or power produced, transmitted, delivered or furnished or for any service to be rendered as, or in connection with, any public utility shall be reasonable and just, and every unjust and unreasonable charge is prohibited and declared unlawful.

      Sec. 6.  The commission may, in its discretion, investigate and ascertain the value of all property of every public utility actually used and useful for the convenience of the public. In making such investigation the commission may avail itself of all information contained in the assessment rolls of the various counties and the public records of the various branches of the state government or any other information obtainable.

      Sec. 7.  Every public utility shall keep and render to the commission, in manner and form prescribed by the commission, uniform and detailed accounts of all business transacted.

      (a) Every public utility engaged directly or indirectly in any other business than those mentioned in section 3 of this act, shall, if required by the commission, keep and render in like manner and form the accounts of all such other business, in which case all the provisions of this act shall apply with like force and effect to the books, accounts, papers and records of such business. The commission shall cause to be prepared suitable blanks for carrying out the purpose of this act, and shall, when necessary, furnish such blanks to each public utility. No public utility shall keep any other books, accounts, papers or records of the business transacted than those prescribed or approved by the commission. Each public utility shall have an office within this state, and shall keep in said office all such books, accounts, records or papers, none of which shall be removed at any time from the state except upon such conditions a may be prescribed by the commission.

      (b) The accounts of all such public utilities shall be closed annually on the 30th day of June, a balance sheet taken promptly therefrom, and full annual reports of the business to be made to the commission not later than the 15th day of September following the closing of the accounts.

 

 

 

 

 

Commission may prescribe rules of procedure

Proviso

 

 

 

 

Charges for utilities must be reasonable and just

 

 

Commission may investigate all public utilities

 

 

 

All public utilities must report to commission

 

 

 

 

 

 

 

Blanks for reports


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ê1911 Statutes of Nevada, Page 324 (CHAPTER 162)ê

 

Annual report on 15th if September

 

 

 

 

 

 

Right of examination

 

 

 

Penalty for failure to make report

 

 

 

 

 

 

 

 

 

 

Commission to make annual report

 

 

 

 

 

 

 

Commission to fix standards for service

annually on the 30th day of June, a balance sheet taken promptly therefrom, and full annual reports of the business to be made to the commission not later than the 15th day of September following the closing of the accounts. The reports shall be in such form as may be prescribed by the commission, and shall contain all the information deemed by the commission necessary for the proper performance of its duties. The commission may, at any time, call for desired information omitted from such reports, or not provided for therein, whenever, in the judgment of the commission, such information is necessary.

      (c) Any commissioner, or any person or persons authorized by the commission, shall have the right to examine the books, accounts, records and papers of any public utility, for the purpose of determining their correctness, and whether they are being kept in accordance with the rules and system prescribed by the commission.

      Sec. 8.  Any officer, agent or person in charge of the books, accounts, records and papers, or any of them, of any public utility, who shall refuse or fail for a period of thirty days to furnish the commission with any report required by the provisions of this act, and any officer, agent or person in charge of any particular books, accounts, records or papers relating to the business of such public utility who shall refuse to permit any commission or other person duly authorized by the commission to inspect such books, accounts, records or papers on behalf of the commission, shall be subject to a fine of not less than one hundred dollars ($100), or more than five hundred dollars ($500), such fine to be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction; and each day’s refusal or failure on the part of such officer, agent or person in charge shall be deemed a separate offense, and be subject to the penalty herein prescribed.

      Sec. 9.  The commission shall make and publish annual reports for each calendar year showing its proceedings, which reports shall, as nearly as may be, conform in a general way to those of the railroad commission of this state, and be made at the same time. All the reports, records, accounts, books, files, papers and memoranda of every nature in the possession of the commission shall be open to the public, at all reasonable times, subject to the exception that when the commission deems it necessary, in the interest of the public, it may withhold from the public any facts or information in its possession for a period of not more than ninety days after the acquisition of such facts or information.

      Sec. 10.  The commission shall ascertain and prescribe for each kind of public utility adequate, convenient and serviceable standards for the measurement of quality, pressure, voltage or other conditions pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for the examination and testing of such products or service and for the measurement thereof.


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ê1911 Statutes of Nevada, Page 325 (CHAPTER 162)ê

 

products or service and for the measurement thereof. Any consumer, user or party served may have the quality or quantity of the product or the character of any service rendered by any public utility tested upon the payment of fees fixed by the commission, which fees, however, shall be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require.

      The commission may, in its discretion, purchase such materials, apparatus, and standard measuring instruments for such examinations and tests as it may deem necessary. The commission shall have the right and power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided for in this act and set up and use on such premises any necessary apparatus and appliances and occupy reasonable space therefor. Any public utility refusing to allow such examinations to be made as herein provided shall be subject to the penalties prescribed in section 8 of this act.

      Sec. 11.  Every public utility shall file with the commission within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled or operated by it. In connection with such schedule, and as a part of it, shall also be filed all rules and regulations that in any manner affect the rates charged or to be charged for any service or product. A copy or so much of said schedules as the commission shall deem necessary for the use of the public shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected. When a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedule shall, in like manner, be printed and filed with the commission, and so much thereof as the commission may deem necessary for the use of the public shall be posted conspicuously in every station or office as in this section above provided. No changes shall thereafter be made in any schedule, including schedules of joint rates or in the rules and regulations affecting any and all rates or charges except upon thirty days’ notice to the commission and all such charges shall be plainly indicated, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the commission, upon application of any public utility may prescribe a less time within which a reduction may be made. Copies of all new or amended schedules shall be filed, and posted in the stations and offices of public utilities as in the case of original schedules.

 

 

 

 

 

 

 

 

Commission may procure testing or measuring apparatus

 

 

 

 

 

Utility companies must file schedules with commission

 

 

 

Schedules to be posted for public inspection

 

 

 

 

 

 

 

Schedules not changed without legal notice


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ê1911 Statutes of Nevada, Page 326 (CHAPTER 162)ê

 

 

 

No rebates or discrimination in rates charged

 

 

 

 

 

 

 

Existing contracts not disturbed

 

Commission may classify service of utilities

 

 

Commission may adopt rules regarding inspection, etc.

 

 

 

Utilities must produce accounts, etc.

 

 

 

 

 

 

Expert may be employed

amended schedules shall be filed, and posted in the stations and offices of public utilities as in the case of original schedules.

      Sec. 12.  It shall be unlawful for any public utility to charge, demand, collect or receive a greater or less compensation for any service performed by it within the state or for any service in connection therewith than is specified in such printed schedules, including schedules of joint rates, as may at the time be in force, or to demand, collect or receive any rate, toll or charge not specified in such schedules. The rates, tolls, and charges named therein shall be the lawful rates, tolls and charges until the same are changed as provided in this act. It shall likewise be unlawful for any public utility to grant any rebate, concession or special privilege to any consumer or user, which directly or indirectly shall or may have the effect of changing the rates, tolls, charges or payments, and any violation of the provisions of this section shall subject the violator to the penalty prescribed in section 10 of this act. This, however, shall not have the effect of suspending, rescinding, invalidating or in any way affecting existing contracts.

      Sec. 13.  The commission may prescribe classifications of the service of all public utilities, and in such classifications may take into account the quantity used, the time when used, and any other reasonable consideration. Each public utility is required to conform its schedule of rates, tolls, and charges to such classifications, for which schedules the commission may, when necessary, prescribe the forms.

      Sec. 14.  The commission shall have power to adopt reasonable and proper rules and regulations relative to all inspections, tests, audits, and investigations, and to adopt and publish reasonable and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings held for the purpose of determining any question affecting public utilities; provided, that all such hearings shall be public.

      Sec. 15.  The commission may require, by order to be served on any public utility in the same manner as a summons in a civil action, the production at such time and place as the commission may designate of any books, accounts, papers or records kept by such public utility in any office or place without the State of Nevada, or verified copies in lieu thereof, if the commission shall so direct, in order that an examination thereof may be made by the commission or under its direction, or for use as testimony. If any public utility shall refuse or fail to comply with such order, the said utility shall be subject to the liability named in section 8.

      Sec. 16.  The commission shall have the authority to employ an expert engineer at a salary of $3,600 per annum and necessary traveling expenses and is invested with full power to remove such engineer whenever his services shall be unsatisfactory to the commission. The commission may employ and remove such other experts, clerks and assistants as it shall deem necessary, and fix their compensations.


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ê1911 Statutes of Nevada, Page 327 (CHAPTER 162)ê

 

remove such other experts, clerks and assistants as it shall deem necessary, and fix their compensations.

      Sec. 17.  Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization or by any person or persons, firm or firms, corporation or corporations, or association or associations, the same being interested, that any of the rates, tolls, charges or schedules of any joint rate or rates are in any respect unreasonable or unjustly discriminating, or that any regulations, measurements, practice or act whatsoever affecting or relating to the production, transmission or delivery or furnishing of heat, light, water or power, or any service in connection therewith is, in any respect, unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate, the commission shall proceed, with or without notice, to make such investigation as it may deem necessary. But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing.

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

      (b) The commission shall give the public utility and the complainant or complainants at least ten days’ notice of the time when and the place where such hearing will be held, at which hearing both the complainant and the public utility shall have the right to appear by counsel or otherwise, and be fully heard. Either party shall be entitled to an order by the commission for the appearance of witnesses or the production of books, papers, and documents containing material testimony. Witnesses appearing upon the order of the commission shall be entitled to the same fees and mileage as witnesses in civil cases in the courts of the state, and the same shall be paid out of the state treasury in the same manner as other claims against the state are paid; but no fees or mileage shall be allowed, unless the chairman of the commission shall certify to the correctness of the claim.

      Sec. 18.  If any party ordered to appear before the commission as a witness shall fail to obey such order, the commission, or any member, or the secretary thereof, may apply to the clerk of the nearest district court for a subpena commanding the attendance of said witness before the commission. It shall be the duty of such clerk to issue such subpena, and of any peace officer to serve the same. Disobedience to such subpena shall be deemed a contempt of court and punished accordingly.

      Sec. 19.  If upon such hearing and due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable, or unjustly discriminatory, or to be preferential or otherwise in violation of any of the provisions of this act, the commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges or schedules, as shall be just and reasonable.

 

 

Investigation of unreasonable charges by commission, when

 

 

 

 

 

 

 

 

 

 

Utility to have notice

 

 

 

Notice of public hearing

 

 

 

 

 

Witness fees and mileage

 

 

 

Disobedience of summons same as contempt of court


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ê1911 Statutes of Nevada, Page 328 (CHAPTER 162)ê

 

Commission may lower rates, when

 

 

 

 

 

 

 

 

Separate hearings, when

 

 

 

 

 

 

 

Depositions of witnesses

 

Record of all proceedings to be taken by stenographer

 

 

 

 

No one excused from testifying on grounds of self-incrimination

 

 

 

 

Proviso

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

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

      Sec. 20.  The commission, or any party to any proceeding before it, may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil actions.

      Sec. 21.  A full and complete record shall be kept of all proceedings before the commission or its representative on any formal investigation, and all testimony shall be taken down by the stenographer appointed by the commission. Whenever any complaint is served upon the commission as hereinafter provided for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending.

      Sec. 22.  No person shall be excused from testifying, or from producing books and papers in any proceedings based upon or growing out of any alleged violation of the provisions of this act, on the ground of or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishments for perjury in so testifying.

      Sec. 23.  Any officer, agent, or employee of any public utility who shall wilfully fail or refuse to fill out and return any blanks as required by this act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question, where the fact inquired of is within his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any commission or any commissioners, or any person also authorized to examine the same, any book, paper or account of such public utility which is in his possession or under his control, shall be subject to the penalty prescribed in section 8 of this act.


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ê1911 Statutes of Nevada, Page 329 (CHAPTER 162)ê

 

ity who shall wilfully fail or refuse to fill out and return any blanks as required by this act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question, where the fact inquired of is within his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any commission or any commissioners, or any person also authorized to examine the same, any book, paper or account of such public utility which is in his possession or under his control, shall be subject to the penalty prescribed in section 8 of this act.

      Sec. 24.  The commission shall inquire into any neglect or violations of the laws of this state by any such public utility as hereinbefore defined, doing business therein, or by the officers, agents, or employees thereof, and shall have the power, and it shall be its duty, to enforce the provisions of this act, and report all violations thereof to the attorney-general; upon the request of the commission it shall be the duty of the attorney-general, or the prosecuting attorney of the proper, or any county, to aid in any investigations, prosecutions, hearing, or trial had under the provisions of this act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this act.

      Sec. 25.  All rates, fares, charges, classifications and joint rates fixed by the commission shall be enforced, and shall be prima facie lawful, from the date of the order until changed or modified by the commission, or in pursuance of section 26 of this act. All regulations, practices and service, prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for that purpose, pursuant to the provisions of section 27 of this act, or until changed or modified by the commission itself upon satisfactory showing made.

      Sec. 26.  Any party in interest being dissatisfied with an order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within ninety (90) days commence an action in the district court of the proper county against the commission and other interested parties as defendants to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates, fixed in such order is unlawful or unreasonable, or that any such regulation, practice, or service, fixed in such order is unreasonable. The commission and other parties defendant shall file their answers to said complaint within thirty (30) days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon twenty (20) days’ notice to either party.

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

Refusal to make reports punished

 

 

 

 

 

 

Commission to enforce this act

 

 

Attorney-general and district attorneys to prosecute

 

 

All rates and regulations fixed by commission prima facie lawful

 

 

 

 

 

Appeal to district court, when

 

 

 

 

 

 

 

 

 

Actions to have precedence


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ê1911 Statutes of Nevada, Page 330 (CHAPTER 162)ê

 

 

 

 

Injunction only order of court

 

 

 

Contradictory evidence, how treated

 

 

 

 

 

 

 

 

Order may be rescinded or modified, when

 

 

 

 

Appeal may be taken, when

 

 

 

 

Burden of proof

 

 

Notice of serious accidents o persons given commission

and the same shall be tried and determined as other civil actions; any party to such action may introduce evidence in addition to the transcript of the evidence offered to said commission.

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

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

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

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

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

      Sec. 27.  Every public utility shall, whenever an accident occurs in the conduct of its operations, causing death or personal injuries, give immediate notice thereof to the commission. If in its judgment the public interest requires it, the commission shall cause an investigation to be made forthwith, at such place and in such manner as the commission shall deem best.


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ê1911 Statutes of Nevada, Page 331 (CHAPTER 162)ê

 

place and in such manner as the commission shall deem best.

      Sec. 28.  If any public utility shall violate any provision of this act, or shall do any act herein prohibited, or shall fail, or refuse to perform any duty enjoined upon it, or upon failure of any public utility to place in operation any rate or joint rate, or do any act herein prohibited, for which a penalty has not been provided, or shall fail, neglect, or refuse to obey any lawful requirement or order made by the commission or any court for every such violation, failure or refusal, such public utility shall be subject to the penalty prescribed by section 8 of this act.

      Sec. 29.  Every annual report, record or statement required by this act to be made to the commission shall be sworn to by the proper officer, agent or person in charge of such public utility. Any intentionally false oath as to the correctness of such report, record or statement, shall be deemed perjury, and the person making such false oath shall, upon conviction, be punished as in the case of other perjuries.

      Sec. 30.  Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the State of Nevada in the district court of any county having jurisdiction of the defendant. The attorney-general of Nevada shall be the counsel in any proceeding, investigation, hearing or trial, prosecuted or defended by the commission, as also shall any prosecuting attorney selected by said commission, or other special counsel furnished said commission in any county where such action is pending.

      Sec. 31.  In addition to all the other remedies provided by this act for the prevention and punishment of any and all violations of the provisions thereof, and all orders of the commission, the commission may compel compliance with the provisions of this act and of the orders of the commission by proceedings in mandamus, injunction, or by other civil remedies.

      Sec. 32.  Except in cases of emergency, all the necessary printing of the commission shall be done at the State Printing Office, and it is made the duty of the state printer to have such printing done as expeditiously as possible.

      Sec. 33.  The commission and secretary, and such clerks and experts as may be employed, shall be entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence. Such expenditure shall be sworn to by the person who incurred the expenses and be approved by the chairman of the commission.

      Sec. 34.  Each section of this act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or inoperative for any cause shall not be deemed to affect any other section thereof.

      Sec. 35.  For the purpose of carrying out the provisions of

 

 

Penalties for public utility violating this act

 

 

 

 

 

All reports to commission must be sworn to

 

 

Suits at law

 

Attorney-general to represent commission

 

 

 

Mandamus, when

 

 

 

 

Printing for commission

 

 

Traveling and other expenses

 

 

 

Each section independent of all others as regards constitutionality


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ê1911 Statutes of Nevada, Page 332 (CHAPTER 162)ê

 

Appropriation

this act, the sum of $5,000, exclusive of the amount named as the salary of the engineer, is hereby appropriated out of any moneys in the treasury not otherwise appropriated.

 

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CHAPTER 163

 

 

 

 

 

 

 

 

 

 

When registry agent other than justice of the peace may be appointed

Chap. 163–An act to amend section one of an act entitled “An act to provide for the registration of the names of electors and to prevent frauds at elections,” approved March 5, 1869.

 

[Approved March 23, 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 to read as follows:

      Section 1.  The justices of the peace of the several counties of the state shall be ex officio the registry agents of their respective townships, and, as such, their powers and duties shall be as hereinafter provided in this act; provided, that in any townships where, from any cause, there shall be no justice of the peace duly commissioned and qualified, or where an election district may be situated too distant from the office of the justice of the peace of said township, the commissioners of the county in which said election district is located may appoint some other competent person to perform the duties of registry agent, who shall be clothed with the same power and governed by the same restrictions as justice of the peace in the registration of the names of electors under the provisions of this act. All registry agents shall have power to administer oaths or affirmations, and do such other acts as may be necessary to fully carry out the provisions of this act. Any registry agent or ex officio registry agent may appoint a deputy registry agent who, upon the filing of his appointment and oath of office with the county clerk, shall have power to register voters, administer oaths or affirmations, and do all such other acts as may be done by a registry agent in carrying out the provisions of this act. Any registry agent or ex officio registry agent appointing any deputy shall be responsible for the compensation and acts of such deputy.

 

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CHAPTER 164

 

Chap. 164–An act to amend section ten of an act entitled “An act to provide for the registration of the names of electors and to prevent frauds at elections,” approved March 5, 1869.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 10.  Any registered elector, moving from one election district to another, prior to the day of the ensuing election, may apply to the registry agent before whom he has already been registered for that electoral year, at any time prior to the delivery of the certified copies of register to the inspectors of election, and have his name taken off the official register, and receive from the registry agent a certificate showing substantially that he was on a certified date duly registered in the official register of township No.……….,


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ê1911 Statutes of Nevada, Page 333 (CHAPTER 164)ê

 

district to another, prior to the day of the ensuing election, may apply to the registry agent before whom he has already been registered for that electoral year, at any time prior to the delivery of the certified copies of register to the inspectors of election, and have his name taken off the official register, and receive from the registry agent a certificate showing substantially that he was on a certified date duly registered in the official register of township No.………., in the county of ……………….., and that his name has been erased at his own request; which certificate shall entitle him to have his name registered in the same manner as other names are registered, in any other election district either within the same county or any other county, for said election; provided, that it shall satisfactorily appear to the registry agent receiving the certificate, and to whom application is made for the second registration, that the applicant will have resided such length of time within such county and election district, prior to the next ensuing election, as is or may be provided by law to entitle him to vote. Any registered elector employed in moving trains, stages, mails or otherwise upon any of the transportation routes in this state may apply to the registry agent before whom he has been already registered for that electoral year, at any time prior to the delivery of the certified copy of the register to the inspectors of election, and have his name taken off the official register and receive from the registry agent a certificate as above provided. Upon presenting, at any time not later than one hour prior to the closing of the polls, to the inspectors of election in any precinct on the railroad, stage line or transportation route on which he is employed, including the precinct in which he originally registered, the certificate mentioned above, and his written affidavit, which may be subscribed and sworn to before any of the inspectors of election, or any officer authorized to administer oaths, stating that he was so suddenly called away or detained by the transportation business in which he is employed that he did not have time to vote in the precinct in which he was originally registered, or to reregister under his transfer in that or any other precinct before the delivery of the certified copy of the register to the inspectors of election, the inspectors of election shall accept and file the certificate and affidavit and shall cause the name of the elector to be entered upon the certified copy of the register and upon the check-list under the designation “Electors allowed to vote upon presentation of certificate and affidavit on election day,” and shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register, or certified copy thereof, and check-list.

Regarding registration of voters

 

 

 

 

 

 

 

 

 

 

 

Certain electors given certificate entitling them to vote in choice of precincts under certain conditions

 

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ê1911 Statutes of Nevada, Page 334ê

CHAPTER 165

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How candidates may be nominated

At primary

 

By petition

 

 

Applies to special elections

 

 

 

 

 

 

In effect

Chap. 165–An act to amend section two of an act entitled “An act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice at such primary elections for United States senator; to provide for the registration of voters for said primary elections and the compensation of registry agents, and to provide penalties for violating the provisions of this act,” approved March 23, 1909.

 

[Approved March 23, 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 so as to read as follows:

      Section 2.  All candidates for elective public offices shall be nominated as follows:

      1.  By direct vote at primary elections held in accordance with the provisions of this act; or

      2.  By nominating petitions signed and filed as provided by existing laws. Party candidates for the office of United States senator shall be nominated in the manner provided herein for the nomination of candidates for state offices.

      This act shall not apply to special elections to fill vacancies to the nomination of party candidates for presidential electors, nor the nomination of officers of the incorporated cities, whose charters or ordinances now or may hereafter provide a system for nominating candidates for such offices, nor to the nomination of officers for reclamation and irrigation districts; nor to school district officers or school trustees; nor shall it be construed as restricting or affecting the right of political parties to hold, under existing laws, which are hereby continued in force for all such purposes, primaries and conventions for the selection of delegates to national conventions.

      Sec. 2.  This act shall take effect and be in full force from and after its approval.

 

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ê1911 Statutes of Nevada, Page 335ê

CHAPTER 166

Chap. 166–An act providing for a single registration of the names of electors to vote at any primary election and at the election for which candidates are nominated at such primary election.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Hereafter when any qualified elector shall have registered a vote at any primary election under the provisions of section 17 of “An act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice for the registration of voters for said primary elections and the compensation of registry agents, and to provide penalties for violating the provisions of this act,” approved March 23, 1909, and his name shall appear on the supplemental register provided for in said section 17, said elector shall not be required to register again in the same voting precinct as a qualification to vote at the election for which candidates were nominated at such primary election for which he has previously registered; and the registry agent shall copy the names appearing on said supplemental register into the registration books for said election the same as if such elector had registered for such election as now required by the registration laws of this state.

 

 

 

 

 

 

 

 

 

Registration at primary sufficient for regular election

 

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ê1911 Statutes of Nevada, Page 336ê

CHAPTER 167

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nomination paper filed thirty days before September primary election; fourteen days in other primaries

 

 

 

 

 

Form of nomination paper

Chap. 167–An act to amend “An act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice at such primary elections for United States senator; to provide for the registration of voters for said primary elections and the compensation of registry agents, and to provide penalties for violating the provisions of this act,” approved March 23, 1909.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  a. The name of no candidate shall be printed on an official ballot used at any primary election unless, at least thirty days prior to the primary election, if the candidate is to be voted for at the September primary election, and at least fourteen days prior to the primary election other than the September primary election, he shall file a nomination paper with the proper official as hereinafter provided by this act, such nomination paper to be under oath and in substantially the following form:

 

Nomination Paper of ……….. for the Office of ……….

State of Nevada

County of....................

}

ss.

      For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the ……… party as its candidate for the office of ……….., I, the undersigned, …………, do solemnly swear (or affirm) that I reside at No. ………., …………….. street, in the city (or town) of ……………, county of …………….., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the ……………. party; that I believe in and intend to support the principles and policies of such political party at the last general election in this state, and I voted for a majority of the candidates of such

party at the last general election (or did not vote at said last general election, giving reason); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said ……………..


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ê1911 Statutes of Nevada, Page 337 (CHAPTER 167)ê

 

party at the last general election (or did not vote at said last general election, giving reason); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said …………….. party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.

…………………….. (Signature of candidate for office.)

      Subscribed and sworn to me this ….. day of ……., 19 …. ……………………… notary public (or other officer authorized to administer an oath).

 

      b. In the case of an elector seeking nomination for the office of state senator or member of the assembly, he may include with his affidavit one of the two statements hereinafter set forth in this section and subdivision. His failure to include either such statement shall not be a valid ground for refusal to receive and file his nomination paper or papers by the secretary of state, county clerk or register of voters in any city and county as the case may be. Such statements, if any be made, shall be in substantially the following form:

 

      I further declare to the people of Nevada, and to the people of ……………. (senatorial of assembly) district that during my term of office, without regard to my individual preference, I will always vote for that candidate for United States senator in congress who has received for that office the highest number of the people’s votes for that position at the general election next preceding the election of a senator in congress.

…………………………. (Signature of candidate for nomination.)

 

      If the candidate be unwilling to sign the above statement he may sign the following declaration, which shall be filed with his nomination paper.

 

      I further declare to the people of Nevada, and to the people of the …………….. (senatorial or assembly) district that during my term of office I shall consider to vote of the people at any primary election for United States senator as nothing more than a recommendation, which I shall be at liberty wholly disregard as I see fit.

…………………………. (Signature of candidate for nomination.)

 

      c. Nothing herein shall be construed as prohibiting the independent nomination of candidates to be voted for at any general election, by electors or bodies of electors, as now provided by law, but a candidate defeated at a primary election held under the provisions of this act shall be ineligible for nomination to the same office at the same election.

 

 

 

 

 

 

 

 

 

 

 

Declaration of candidate for senate or assembly

 

 

 

 

 

Form of first statement

 

 

 

 

 

 

 

 

 

 

Form of alternative statement

 

 

 

 

Independent candidates


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ê1911 Statutes of Nevada, Page 338 (CHAPTER 167)ê

 

 

 

 

 

Fees from candidates at primary election

 

State candidate

 

 

District

County

Senate

Assembly

Township office

 

 

 

 

 

All parties on same ticket

 

County clerk to furnish ballots

 

 

 

 

 

Secretary of state to furnish ballot paper

 

 

Paper to have distinctive watermark

held under the provisions of this act shall be ineligible for nomination to the same office at the same election.

 

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

      Section 7.  Any candidate filing a nomination paper as provided in section 5a, with the proper officer as provided in section 6 shall pay to such officer a fee for such filing as follows:

      If a candidate for nomination for any state office, or any district office voted for in more than one county, or representative or United States senator in Congress, one hundred dollars.

      If a candidate for any district office voted for wholly in one county, fifty dollars.

      If a candidate for any county office, twenty-five dollars.

      If a candidate for state senator, twenty-five dollars.

      If a candidate for assemblyman, fifteen dollars.

      If a candidate for justice of the peace, constable or other town or township office, ten dollars.

      No filing fee shall be required from a candidate for an office the holder of which receives no compensation.

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

      Section 12.  1.  All voting at primary elections within the meaning of this act shall be by ballot, and the respective tickets of all political parties shall be printed on the same ballot.

      It shall be the duty of the county clerk of each county to provide such printed official ballots to be used at any September primary election for the nomination of candidates to be voted for in such county, town or township, at the ensuing November election.

      It shall be the duty of the city clerk or secretary of the legislative body of any municipality to provide such printed official ballots for any primary election other than the September primary election.

      All official ballots shall be printed on plain white paper. The secretary of state shall furnish the paper necessary to print said ballots and it shall be the duty of the secretary of state to obtain and keep on hand a sufficient supply of such paper for ballots, and to furnish the same in quantities ordered to any county clerk.

      Such paper shall be watermarked with a design furnished by the secretary of state in such manner that the said watermark shall be plainly discernable on the outside of such ballot when properly folded, and such design shall be changed at each primary election.


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ê1911 Statutes of Nevada, Page 339 (CHAPTER 167)ê

 

      2.  Official primary election ballots used at any primary election for the nomination of candidates to be voted for at any presidential or general state election shall be not less than twelve inches wide, and enough wider to conform to the requirements of the following provisions of this section, and as long as the herein prescribed captions, headings, party designations, directions to voters, and lists of names of candidates, properly subdivided according to the several offices to be nominated for, may require; and no official primary election ballot shall be less than six and one-half inches wide.

      3.  Across the top of the ballot shall be printed in heavy-faced gothic capital type, not smaller than fifty-four point, the words: “Official Primary Election Ballot,”

      Beneath this shall be printed in not smaller then eighteen-point type the name of the county and town, or township, wherein such ballot is to be used, together with the date of such primary election.

      In the case of official primary election ballots to be used at any primary election held for the nomination of candidates other than those to be voted for at a presidential or general state election the words “Official Primary Election Ballot” shall be printed thereon in heavy-faced gothic capital type not smaller than twenty-four point.

      4.  At least three-eighths of an inch below the name of the county and town or township as aforesaid, and the date of the primary election, shall be printed in ten-point black-faced type, double-leaded, the following, “Instructions to Voters”:

      Place a cross (X) in the square just below the name of the party whose candidates you desire to vote for.

      The designation of more than one party will render your ballot void, and the failure to designated any party will render your ballot void if you vote for any candidate or candidates of more than one party.

      To vote for a candidate of the party you have designated make a cross (X) in the square at the right of the name of the person for whom you desire to vote.

      Any votes for a candidate other than a candidate of the party you have designated will be disregarded.

      5.  The “Instructions to Voters” shall be separated from the names of the several parties and the lists of candidates thereof and the designation of the several office for which nominations are to be made by one light and one heavy line or rule.

      Beneath the “Instructions to Voters” there shall be printed in as many separate parallel columns as there are political parties represented on said ballot and in said primary election, the names of the respective offices and the candidates for nomination therefor, with the name of said respective political parties in not smaller than eighteen-point black-faced type at the head of said respective parallel columns.

Size of ballots prescribed

 

 

 

 

 

 

Regulations as to type, etc.

Specifications as to type, etc.

 

 

 

 

 

 

 

 

Instructions to voters

 

 

 

 

 

 

 

 

Further specifications


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ê1911 Statutes of Nevada, Page 340 (CHAPTER 167)ê

 

 

 

 

 

 

 

 

 

Order of parties to be alphabetical

 

 

Names of candidates to be in alphabetical order

 

 

 

 

 

 

 

 

 

Size of type for names

 

 

 

 

 

Ballots to be endorsed

 

 

 

Form of ballot

for nomination therefor, with the name of said respective political parties in not smaller than eighteen-point black-faced type at the head of said respective parallel columns.

      Immediately beneath the name of each party there shall be placed a voting square not less than one-half inch square, the lines bounding said square being four-point black-faced rule.

      The names of said parties shall be separated from each other and from the names of the candidates and offices by lines.

      The order of said party tickets constituting such respective parallel columns with the name of the party at the head of the respective columns as aforesaid shall be alphabetical from left to right according to the first letter of the names of political parties represented on said ballot.

      6.  The names of the candidates for each office shall be grouped in alphabetical order according to the surnames of the candidates for such office and each group shall be preceded by the designation of the office for which the candidates seek nomination and the words “Vote for one” or “Vote for two” or more, according to the number to be nominated. Such designation of the office to be nominated for and of the number of candidates to be nominated shall be printed in heavy-faced gothic type, not smaller than eight-point. The word or words designating the office shall be printed flush with the left-hand margin, and the words “Vote for one” or “Vote for two” or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the direction for voting shall be separated from the names of the candidates by a light line.

      7.  The names of the candidates shall be printed on the ballot, without indentation, in gothic capital type not smaller than eight-point, between light lines or rules three-eighths of an inch apart. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting square three-eighths of an inch square.

      Each group of names of candidates shall be separated from the succeeding group by one light and one heavy line or rule.

      All official primary ballots shall have printed on the back and immediately below the center thereof, in eighteen-point gothic capital type the words “Official Primary Election Ballot,” and beneath these words the respective counties in which each ballot is to be voted.

      8.  The primary election ballot shall be printed in the following form:


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ê1911 Statutes of Nevada, Page 341 (CHAPTER 167)ê

 

 

 


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ê1911 Statutes of Nevada, Page 342 (CHAPTER 167)ê

 

 

 

Sample ballots to be on yellow paper

 

 

 

 

 

 

Sample ballots to be submitted to county chairman

 

 

 

 

Distributed ten days before primary

 

County clerk to correct errors on ballot

 

 

 

 

City clerk’s duties in municipal primary

      Sec. 4.  Section thirteen of said act is hereby repealed.

      Sec. 5.  Section fourteen of said act is hereby amended to read as follows:

      Section 14.  At least twenty days before the September primary election each city clerk or county clerk in any city or county shall prepare sample ballots for such election, placing thereon alphabetically, according to surnames under the appropriate title of each office the same as hereinbefore described for the official ballot, the names of all candidates for whom nomination papers have been duly filed with him, or have been certified to him by the secretary of state, to be voted for at the primary election in his county or city and county. Such sample ballots shall be printed on yellow paper, and be conspicuously marked with the words “Sample Ballot.”

      Such clerk shall forthwith submit a copy of said ballot to the chairman of the county committee of each political party represented on such ballot and shall mail a copy to each candidate for whom a nomination paper has been filed with him, or whose name has been certified to him by the secretary of state, to the postoffice address as given in such nomination paper or certification, and shall post a copy of said sample ballot in a conspicuous place in his office, and such clerk shall print for general distribution one sample ballot for each voter in each precinct, and shall distribute said sample ballots not less than ten days before said primary election by sending said sample ballots to the registration agent or agents of the several precincts for distribution.

      On the tenth day before such primary election the county clerk shall correct any errors or omissions in the ballot, causing same to be printed as in this act provided, and to be distributed as provided by law, except that the number of ballots to be furnished to each voting precinct shall be apportioned at the ratio of one hundred and fifty such ballots for each one hundred voters registered in each precinct for each primary election.

      In the case of primary elections for the nomination of candidates for city offices it shall be the duty of the city clerk or secretary of the legislative body of such city or municipality, or such other officer charged by law with the duty of preparing and distributing official ballots used at elections in such city or municipality, to prepare and distribute the sample and official primary election ballots, and so far as applicable and not otherwise provided herein the provisions of this act shall apply to the nomination of all candidates for city offices; provided, that the lists of candidates shall be posted and published at least ten days before such primary election and the official ballots printed at least four days before the day of holding such primary election.

      Sec. 6.  Section eighteen of said act is hereby amended so as to read as follows:


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ê1911 Statutes of Nevada, Page 343 (CHAPTER 167)ê

 

      Section 18.  Any elector desiring to vote at any primary election shall give his name and address to the ballot clerk who shall immediately announce the same, and the elector’s right to vote may be challenged by any elector upon any of the grounds now allowed by law for a challenge for a right to vote at a general election, and such challenge to vote shall be disposed of in the same manner as now provided by law for challenges at general elections.

      The voter shall be instructed, if necessary, by a member of the board as to the proper method of marking and folding his ballot and he shall then retire to an unoccupied booth and without undue delay stamp the same with a rubber stamp there found.

      If he shall spoil or deface the ballot he shall at once return the same to the ballot clerk and receive another.

      Sec. 7.  Section nineteen of said act is hereby amended so as to read as follows:

      Section 19.  a. The voter shall designate the political party the candidates of which he desires to vote for, by a cross (X) in the square immediately below the name of such party and he shall designate but one such party; if he shall designate more than one party it shall render such ballot void, and if he shall fail to so designate any party at all such ballot shall be void unless the voter shall have voted only for the candidates of one and the same political party, and shall not have voted for any candidate of any other political party, in which case such ballot shall be counted the same as if the voter had properly designated the party for whose candidates he voted. In case the voter designates one political party in the manner above provided and votes for candidates for nomination of any other political party then the party designated, such votes for such candidates of any other party then the one designated, shall be disregarded in the count.

      b. The voter shall designate his choice on the ballot of candidates of his party by stamping a cross (X) in the small square opposite the name of each candidate for whom he desires to vote. If he shall stamp more names than there are candidates to be nominated for any office, or if for any reason it is impossible to determine his choice for any office, his ballot shall not be counted for such office, but the rest of his ballot, if properly stamped, shall be counted, except as above provided in subdivision “a” of this section.

      No ballot shall be rejected for any technical error which does not render it impossible to determine the voter’s choice for candidates of his party, nor even though such ballot be somewhat soiled or defaced.

      Sec. 8.  Section twenty-two of said act is hereby amended so as to read as follows:

      Section 22.  As soon as the polls are finally closed the judges must immediately proceed to canvass the votes cast at such primary election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed, and the result thereof declared.

Mode of voting at primary

 

 

 

 

Instructions may be given voter

 

 

New ballot, when

 

 

Voter to designate political party by marking

When ballot void

 

 

 

 

 

 

 

 

Manner of marking ballot

 

 

 

 

 

Ballot not rejected for technical error

 

 

 

Canvass, how conducted


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ê1911 Statutes of Nevada, Page 344 (CHAPTER 167)ê

 

 

 

 

 

 

 

 

 

 

County commissioners to canvass primary returns

 

 

Canvass continued, when

 

 

 

 

 

County clerk to record results

 

 

 

To make duplicate and forward same to secretary of state

 

 

 

Segregated statements

presence of bystanders, and must be continued without adjournment until completed, and the result thereof declared. Except as hereinafter provided, the canvass shall be conducted, completed and returned as provided by law.

      The number of ballots agreeing or being made to agree with the number of names on the lists, as now provided by law, the board must take the ballot from the box and count all the votes cast for each party candidate for the several offices and record the same on separate tally-lists for each party.

      Sec. 9.  Section twenty-three of said act is hereby amended so as to read as follows:

      Section 23.  The board of county commissioners of each county, or in the case of a city or municipal primary election, the officers charged by law with the duty of canvassing the votes at any city or municipal election in such political subdivision, shall meet at the usual place at 1 o’clock in the afternoon of the first Friday after each primary election to canvass the returns.

      If, at the time of meeting, the returns from each precinct in the county, city and county or other political subdivision in which polls were open have been received, the board must then and there proceed to canvass the returns; but if all these returns have not been received the board may adjourn to 1 o’clock in the afternoon of the following Monday, when the canvass shall begin and be continued until completed, which shall not be later than 6 o’clock in the afternoon of the tenth day following such primary election.

      The clerk of the board must, as soon as the result is declared enter upon the records of such board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party, and a duplicate as to each political party shall be delivered to the county, city and county, or city chairman of each political party, as the case may be.

      The clerk shall also make an additional duplicate statement in the same form, showing the votes cast for each candidate no voted for wholly within the limits of such county, or city and county. The county clerk in any county shall forthwith send to the secretary of state by registered mail one complete copy of all returns as to such candidates and as to all candidates for the state assembly, state senate, representatives in congress, and judicial offices, except justices of the peace.

      The clerk shall also prepare a separate statement of the names of the candidates of each political party who have received the highest number of votes for the several offices to be voted for wholly within such county, city and county or other political subdivision in which such primary election was held.

      The secretary of state shall, not later than the twenty-fifth day after any primary election, compile the returns for all candidates voted for in more than one county, and for all candidates for the assembly, state senate, representatives in congress and judicial officers, except justices of the peace, and shall make out and file in his office a statement thereof.


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ê1911 Statutes of Nevada, Page 345 (CHAPTER 167)ê

 

candidates for the assembly, state senate, representatives in congress and judicial officers, except justices of the peace, and shall make out and file in his office a statement thereof.

      Sec. 10.  Section twenty-four of said act is hereby amended so as to read as follows:

      Section 24.  The person receiving the highest number of votes at a primary election as the candidate for the nomination of a political party for an office shall be the candidate of the party for such office, and his name as such candidate shall be placed on the official ballot voted at the ensuing election.

      It shall be the duty of the officers charged with the canvass of the returns of any primary election in any county, city and county, or municipality to cause to be issued official certificates of nomination to such party candidates as have received the highest number of votes as the candidates for the nomination of such party for any offices to be voted for wholly within such county, city and county, or municipality; and cause to be issued to such county committeemen a certificate of his election.

      It shall be the duty of the secretary of state to issue official certificates of nomination to candidates nominated under provisions of this act for representatives in congress and officers voted for in more than one county.

      It shall also be the duty of the secretary of state to compile the returns for United States senator in congress, if any, and prepare a statement thereof. A duplicate of such statement in so far as it shall be applicable to such party shall be transmitted to the state chairman of each political party. And it shall be the duty of the secretary of state to transmit duplicates of such statements to the speaker of the assembly and to the president of the senate on the first day of the next ensuing session of the legislature, together with his official certificates of nomination for the candidates for United States senator in congress who received the highest number of votes cast by their respective party at the primary election.

      Sec. 11.  Section twenty-five of said act is hereby amended so as to read as follows:

      Section 25.  On the second Tuesday after any September primary election at the hour of 2 p.m. all the candidates of each political party to be voted for wholly within any county (including state senators and assemblymen) shall meet at the court-house at the county-seat of such county and there organize, and adopt a county party platform and elect a county committee to consist of not less than one nor more than three electors from each voting precinct, but each precinct shall be represented by the same number of committeemen; such county committeemen shall hold office for the term of two years and until their successors are elected. A vacancy in such committee may be filled by the remaining members.

      State central committees shall be selected as hereinafter provided; each such committee may select an executive committee and shall choose its officers by ballot and each committee and its officers shall have the powers usually exercised by said committees and the officers thereof in so far as may be consistent with this act.

Secretary of state to compile returns of canvass

 

 

Candidates of respective political parties

 

Certificate of nomination, how issued

 

 

 

 

Secretary of state to issue nomination certificates for state and national offices, and complete returns for U. S. senator

 

 

 

 

 

 

 

 

County platforms, how formulated


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

ê1911 Statutes of Nevada, Page 346 (CHAPTER 167)ê

 

Selection of state central committees

 

 

 

 

 

 

State platforms, how formulated

 

 

 

 

 

 

 

Proxies

 

State central committees, three members from each county

 

 

 

 

Organization of same

 

 

 

 

Contested nomination, how proceeded with

mittee and shall choose its officers by ballot and each committee and its officers shall have the powers usually exercised by said committees and the officers thereof in so far as may be consistent with this act.

      The various officers and committees now in existence shall exercise the powers and perform the duties herein prescribed until their successors are chosen in accordance with the provisions of this act.

      Sec. 12.  Section twenty-six of this act is hereby amended so as to read as follows:

      Section 26.  In the years when a governor and other state officers are to be elected the candidates for state officers and for senate and assembly nominated by each political party whose term of office extends beyond the first Monday in January of the year next ensuing shall meet at the state capital at 2 o’clock in the afternoon on the fourth Tuesday of September after the date on which any primary election is held preliminary to such general state election. They shall forthwith formulate the state platforms of their party, which said state platform of each political party shall be framed at such time that it shall be made public not later than 6 o’clock in the afternoon of the following Thursday.

      Members of such conventions may be represented thereat by proxy duly executed, but no person other than a member shall act as proxy for a member.

      It shall also proceed to elect a state central committee, to consist of at least three members from each county, who shall hold office until a new state central committee shall have been selected. In years when a state convention assembles to select delegates to a national convention, to nominate a candidate for president and for vice-president of the United States, such state convention shall have the power to formulate their party platform and to select such new state central committee, which shall consist of at least one member from each county, which committee shall hold and exercise its power until the candidates for state offices and for senate and assembly to be voted for at the next ensuing state election shall assemble and select their successors. Such state central committee shall meet and organize at a time and place to be designated by the body selecting such state central committee, and such committee may then and thereafter select and executive committee.

      Sec. 13.  Section thirty of said act is hereby amended so as to read as follows:

      Section 30.  Any candidate at a primary election desiring to contest the nomination of another candidate for the same office may proceed by affidavit within five days after the completion of the canvass as provided in section 23 of this act. And the contestee shall be required by the order of such justice of the supreme court or judge of the district court to appear and abide the further order of the court.


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

ê1911 Statutes of Nevada, Page 347 (CHAPTER 167)ê

 

      Sec. 14.  Section thirty-one of said act is hereby amended so as to read as follows:

      Section 31.  Any officer in whose office any nomination paper has been properly filed who shall wrongfully either suppress, neglect or fail to cause the filing thereof to be noted at the proper time and in the proper place shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars or imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment.

      Any act or omission declared to be an offense by the general laws of this state concerning primaries and elections shall also in like case be an offense concerning primary elections as provided for by this act, and shall be punished in the same manner and form as therein provided, and all penalties and provisions of the law governing elections, except as herein otherwise provided shall apply in equal force to primary elections as provided for by this act.

      Sec. 15.  Section thirty-two of said act is hereby amended so as to read as follows:

      Section 32.  It shall be the duty of the secretary of state and attorney-general to prepare all necessary forms to carry out the provisions of this act within sufficient time for the use of such forms.

 

 

Neglect or misfeasance of filing officer punished

 

 

 

 

General law to govern primaries

 

 

 

 

 

 

State officers to prepare necessary forms

 

________

 

CHAPTER 168

Chap. 168–An act to authorize the issuance of interest-bearing school warrants in emergencies, to repeal all acts and parts of acts in conflict herewith, and other matters properly connected therewith.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever the county school fund of any school district is exhausted and there is not available money to meet the necessary expenses involved in maintaining the public schools of the district, the board of trustees of such district may, by unanimous vote, by resolution setting forth the character of the emergency, authorize the clerk of the board to issue orders, for the payment of current bills of the schools of the district, to the county auditor, and said county auditor shall draw warrants for the same on the county treasurer in the usual manner. Such orders shall be in the hands of the county auditor valid vouchers for warrants so drawn.

      Sec. 2.  When such warrants are presented to the county treasurer he shall endorse thereon the date and “Not Paid for Want of Funds,” and such warrants shall draw interest from date at the rate of seven per cent per annum.

 

 

 

 

 

 

 

 

 

When interest-bearing school warrants may be issued

 

 

 

 

 

How endorsed


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

ê1911 Statutes of Nevada, Page 348 (CHAPTER 168)ê

 

Order in which paid

 

 

 

 

Amount of warrants limited

 

 

 

Preliminaries as to issue

 

 

 

 

Repeal

In effect

      Sec. 3.  The county treasurer shall keep a list of all warrants so endorsed and shall pay them in the order of endorsement whenever there is sufficient money in the fund upon which such warrants are drawn. The interest on such warrants shall stop when the county treasurer shall give notice that he has funds with which to pay the same.

      Sec. 4.  It shall not be lawful for the clerk of the board of trustees of such district to draw orders on the county auditor in such amount that the total amount of such interest-bearing warrants of the district, outstanding and unpaid, shall exceed the total cost of maintaining the schools of the district for the current year, nor exceed one per cent of the total assessed valuation of the district.

      Sec. 5.  Before the issuance of the first of such interest-bearing warrants the clerk of the board of trustees shall submit to the county commissioners of said county a copy of the resolution of the board of trustees authorizing the same, and said county commissioners shall levy and cause to be collected a special tax upon the taxable property of the school district, sufficient to pay such warrants within three years.

      Sec. 6.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 7.  This act shall take effect immediately upon passage and approval.

 

________

 

CHAPTER 169

 

 

 

 

 

 

 

 

 

 

 

 

Unincorporated towns may acquire or construct public utility systems

 

 

 

Bonds

Chap. 169–An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collections of rates for the service thereof and other matters relating thereto.

 

[Approved March 23, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Full power and authority is hereby granted to the county commissioners of the several counties in this state acting with regard to the management of the affairs and business of any unincorporated town or city within their respective counties, subject to the provisions of this act, to acquire by construction, purchase or otherwise, sewerage systems, light systems, water systems, combined light and water systems and combined light, water and sewerage systems, and all other personal or real property as may be necessary for the installment, use and management thereof, and to issue bonds in payment therefor in the amount and manner herein set forth and prescribed.


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

ê1911 Statutes of Nevada, Page 349 (CHAPTER 169)ê

 

      Sec. 2.  The bonds herein provided for and hereby authorized to be issued of any such city or town shall not at any time exceed the sum or amount designated by the authority authorizing the issuance thereof, as in this act hereinafter provided; said bonds shall be of convenient denominations, not less than fifty dollars nor more than one thousand dollars, and shall bear interest at the rate of not more than six per cent per annum, interest on each bond to be payable annually, beginning on the third Monday of January on the second year after such bonds shall have been issued, and upon the same date in each succeeding year during the life of such bond. The bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. The bonds shall be signed by the chairman of the board of county commissioners, acting as a city or town board, and countersigned by the clerk of said board. The bonds shall be distinctly known as sewerage bonds, light bonds, water bonds, water and light bonds, or water, light and sewerage bonds as appropriate, and the name of the town or city issuing said bonds shall be inserted before the word as designating the character thereof.

      Sec. 3.  Before issuing said bonds, the board of county commissioners, acting as such city or town board, shall publish notice for at least three consecutive weeks in some daily newspaper, published in said city or town, calling for a special election by the legally qualified electors of such city or town, to determine whether such bonds shall issue. If there be no daily newspapers published in such city or town, the said notice shall be posted in at least three conspicuous places within the limits of such city or town for three consecutive weeks, and if there be in said town or city a weekly newspaper, or any other newspaper published in said city or town not being a daily newspaper, such notice shall also be published in each issue of said newspaper during the period prescribed herein for the posting of such notice. The notice shall state specifically the amount of the proposed bond issue, the rate of interest the bonds are to bear, time and manner of their payment, and that they are for the construction or purchase, as the case may be, of sewerage system, light system, water system, combined light and water system, or combined sewerage, light and water system, as the case may be.

      Sec. 4.  The board shall cause a sufficient number of ballots to be printed which shall bear the words “Sewerage bonds-Yes,” “Sewerage bonds-No” or “Light bonds-Yes,” “Light bonds-No” or “Water bonds-Yes,” “Water bonds-No,” or “Water and light bonds-Yes,” “Water and light bonds-No,” or “Sewerage, light and water bonds-Yes,” “Sewerage, light and water bonds-No,” as the case may require, printed thereon in parallel lines, one above the other. The voter will scratch out the word “yes” if opposed to the bonds, or the word “no” if in favor of their issue.

Amount of bonds limited

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special election for bonds advertised

 

 

 

 

 

 

 

 

 

 

 

 

 

Ballots, how printed


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

ê1911 Statutes of Nevada, Page 350 (CHAPTER 169)ê

 

Election, how conducted

 

 

 

 

 

 

 

Fund for payment of bonds and interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All systems constructed or purchased under supervision of county commissioners

in favor of their issue. The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections. If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of this act. Said board of county commissioners are hereby authorized to sell such bonds or any part thereof as may be necessary, to be sold at not less than their par value; bonds hereby authorized to be issued and sold shall be redeemable in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue respectively.

      Sec. 5.  To provide for the payment of said bonds and the interest thereon, whenever the revenues from the sale of service hereinafter provided for shall be insufficient for that purpose, the board of county commissioners shall at the time of the regular tax levy for the state and county commissioners shall at the time of the regular tax levy for the state and county purposes, levy an additional tax upon all real and personal property within the limits of such town or city, sufficient in their judgment to pay the interest upon such bonds annually, as such interest shall become due, and to pay the principal of such bonds as the same shall mature, according to the time designated in such bonds as the maturity thereof respectively. 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 “…………………………….. Sewerage Fund,” “Light Fund,” “Water and Light Fund,” or “Sewerage, Light and Water Fund,” with the name of the city or town as the case may be, with the name of the city or town preceding the word designating the character of the bond. The principal upon said bonds shall become due and the said bonds shall mature and payable in …………… years from the date of the issuance thereof respectively.

      Sec. 6.  All sewerage systems, light systems, water systems, light and water systems, or sewerage, light and water systems, constructed, purchased or otherwise acquired under the provisions of this act, shall be so constructed, purchased or otherwise acquired under the supervision and control of the board of county commissioners, acting as such city or town board. The board of county commissioners acting as such town or city board may purchase any sewerage system, light system, water system, water and light system, or sewerage, light and water system theretofore established, or in use, or they may purchase the franchises, rights, privileges and plants thereof from the owners thereof, corporate or private, and improve or extend the same. Or they may advertise for plans and specifications and bids for the construction of any or all such systems hereby authorized to be acquired, as in cases of other public work.

      Sec. 7.  In all cases wherein such sewerage systems, light systems, water systems, wand and light systems, or sewerage, light and water systems, are constructed, or acquired, under the provisions of this act in such unincorporated cities and towns, and such cities and towns are afterwards incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns.


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

ê1911 Statutes of Nevada, Page 351 (CHAPTER 169)ê

 

light and water systems, are constructed, or acquired, under the provisions of this act in such unincorporated cities and towns, and such cities and towns are afterwards incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns. In case such cities and towns shall be incorporated while the work of construction is in progress, the work shall nevertheless be carried on to completion by the board of county commissioners and when completed such system shall be turned over to the city or town government as soon as it shall have been organized and it shall have control and management thereof. In such case it shall be the duty of such city or town government to provide for the payment of the principal and interest on said bonds, when the revenues from the service of such systems shall be insufficient therefor, by the levy and collection of taxes as herein provided. It shall be the duty of the county treasurer to have the custody of the sewerage, light, water, light and water, or sewerage, light and water funds and to turn such funds over to the city treasurer, immediately upon the qualification of the city treasurer, and the bonds, principal and interest shall then be paid by the city government in all respects as prescribed for their payment by the board of county commissioners acting as city or town boards, as herein provided, and whatever may be the designation of the board of control of such incorporated city or town, it shall succeed to all the powers and privileges heretofore conferred on the board of county commissioners by the provisions of this act.

      Sec. 8.  For the purpose of further providing for the payment of the principal and interest upon the bonds hereby authorized to be issued at the time and in the manner specified in this act and in such bonds respectively, the board of county commissioners, acting as a town or city board, and the successors of such commissioners, by which it is intended to mean any municipal government of such towns or cities, which may succeed to the control and management of the systems or any of the systems in this act to be acquired, shall have the power and it shall be their duty to fix the rates of service of the or any of the systems acquired under the provisions of this act, to the inhabitants of such towns or cities and to adopt ordinances regulating the manner and use by such inhabitants of the system or any of the systems so acquired, collect the rates so fixed in the manner prescribed by the law of the city for the collection of delinquent taxes or by proceeding in the nature of a civil action, brought in the name of the county commissioners of the county wherein the cause of action arises and to enforce the collections of such rates from the delinquents in the manner provided by the code of civil procedure of this state.

      Sec. 9.  All moneys acquired by the sale of services herein provided for shall be paid to the county treasurer and by him assigned to a fund to be known as the “……………………… Contingent Light,” “Contingent Water,” “Contingent Sewerage,” “Contingent Water and Light,” or “Contingent Sewerage, Water and light Fund of ……………… town,” inserting before the word “Contingent” the name of the town to which such fund is credited; the contingent expense necessary to the installment, management and control of any system acquired under the provisions of this act shall first be paid out of said fund; the surplus money remaining after the payment of such contingent expenses shall annually thereafter and at the first meeting of the board of county commissioners in January of each year thereafter be assigned to the county commissioners of the city as a redemption fund for the payment of the bonds issued under the provisions of this act.

When town is incorporated municipal board to govern systems

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Further provisions for payment of interest and principal of bonds

 

 

 

 

 

 

 

 

 

 

 

 

Moneys received from systems to go to certain funds


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

ê1911 Statutes of Nevada, Page 352 (CHAPTER 169)ê

 

 

 

 

 

 

 

 

 

 

 

This act applies to unincorporated towns

 

 

 

Special election provided for

 

 

 

 

 

In effect

Officers responsible

 

No compensation for services herein

“Contingent Water and Light,” or “Contingent Sewerage, Water and light Fund of ……………… town,” inserting before the word “Contingent” the name of the town to which such fund is credited; the contingent expense necessary to the installment, management and control of any system acquired under the provisions of this act shall first be paid out of said fund; the surplus money remaining after the payment of such contingent expenses shall annually thereafter and at the first meeting of the board of county commissioners in January of each year thereafter be assigned to the county commissioners of the city as a redemption fund for the payment of the bonds issued under the provisions of this act. No interest shall be paid on said bonds after their maturity.

      Sec. 10.  The provisions of this act shall apply to any unincorporated city or town within this state, which is now or may hereafter be subject to the provisions of an act of the legislature entitled “An act providing for the government of cities and towns of this state,” approved February 26, 1881, and all acts amendatory thereof or supplementary thereto.

      Sec. 11.  It is hereby made the duty of the county commissioners of the several counties of this state to call, hold and provide, in the manner required by law, for a special election as provided for in section 3 of this act, upon a petition signed by electors residing within the city and town, equal in number to at least twenty per cent of the entire vote cast at the last preceding election, held in the town or city in which said special election is to be held.

      Sec. 12.  This act shall take effect from and after its passage.

      Sec. 13.  The county treasurer and the city treasurer, as the case may be, shall be responsible on his official bond for all funds which may come into his hands under the provisions of this act.

      Sec. 14.  The county commissioners of the several counties of this state and the treasurers of such counties shall perform all the duties required of them under the provisions of this act, without further compensation than now required by law.

 

________

 

CHAPTER 170

 

 

 

 

 

 

 

 

 

Taxation of mortgages, deeds of trust, etc.

Chap. 170–An act supplementary to an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Became a law March 23, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  All taxable property must be assessed at its full cash value. Land and improvements thereon shall be separately assessed. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby, except as to railroad and other quasi-public corporations.


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

ê1911 Statutes of Nevada, Page 353 (CHAPTER 170)ê

 

est in the property affected thereby, except as to railroad and other quasi-public corporations. In case of debts so secured, the value of the property affected by such mortgage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected thereby is situated. The taxes so levied shall be a lien upon the property and security, and may be paid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured. If the owner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and, to the extent of such payment, a full discharge thereof. If any such security indebtedness shall be paid by any such debtor or debtors after assessment and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed according to the tax levy for the preceding year; and every contract by which a debtor is obliged to pay any tax or assessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to any interest specified therein, and as to such tax or assessment, be null and void.

      Sec. 2.  The owner of a mortgage, deed of trust, contract, or other obligation whereby land or real property, situated in this state, is made security for the payment of a debt, and also the debt so secured, shall for the purpose of assessment and taxation, be deemed to be the person or persons to whom the security was given in the first instance, unless it appears on the record of the security that some other person is the owner; and all assignments or transfers of a debt secured as mentioned in this act shall, for the purposes of assessment and taxation, be null and void, unless such transfer or assignment is made in writing upon the margin of the record of the security, and the name of the person to whom such debt is assigned or transferred given; and in all cases such debt and security shall be assessed and taxed to the other person or persons who appear on the record of such security to be owner or owners thereof; and a mortgage, deed of trust, contract, or other obligation whereby land or real property situated in no more than one county in this state is made security for the payment of a debt, together with such debt, shall be assessed and taxed to the owner of such security and debt in the county, city or district in which the land or real property affected by such security is situated. The taxes so assessed and levied on such security and debt shall be a lien thereon, and the debt, together with the security, may be sold for the payment of any taxes due thereon, in the same manner and with like effect that real property or land is sold for the payment of taxes.

      Sec. 3.  For the purposes of assessment and taxation no payment on any debt secured as hereinbefore mentioned in this act shall hereafter be taken into consideration by any assessor in this state, when assessing such debt and security as herein provided, unless such payment is endorsed in writing on the margin of the record of such security by the owner thereof, or his authorized agent, before the delivery by the county recorder to the board of equalization of the abstract of all unsatisfied mortgages and liens remaining on record in his office.

Taxation of mortgages, deeds of trust, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Taxes, against whom levied


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

ê1911 Statutes of Nevada, Page 354 (CHAPTER 170)ê

 

Manner of assessment for taxation

 

 

 

 

 

 

 

 

 

Duties of county recorders

 

 

 

 

 

 

 

 

Taxation in cases of banks and trust companies

 

 

 

 

Repeal

In effect

payment on any debt secured as hereinbefore mentioned in this act shall hereafter be taken into consideration by any assessor in this state, when assessing such debt and security as herein provided, unless such payment is endorsed in writing on the margin of the record of such security by the owner thereof, or his authorized agent, before the delivery by the county recorder to the board of equalization of the abstract of all unsatisfied mortgages and liens remaining on record in his office. And in all cases the assessor shall assess such debt and security for the full amount of such debt, that appears from the record of such security to be owing, unless in the judgment of the assessor the land or real property by which such debt is secured is not worth as many dollars as still appears unpaid of such debt, and then, in that case, he shall assess such debt and security at whatever sum he thinks to be their real cash value.

      Sec. 4.  It is hereby made the duty of the several county recorders in this state to record in the margin of the record of all mortgages on land and real property, when requested so to do by the mortgagee or owner of the mortgage, all assignments thereof, or of the note or other evidence of debt thereby secured, and also all payments made thereon or the note or other evidence of debt secured thereby, and copies thereof certified by such recorded shall be received in evidence in all courts of this state with like effect as a certified copy of such mortgage. And all persons who now have mortgages recorded in this state, upon which partial payments have been made, are hereby allowed sixty days after this act takes effect to cause to be recorded in the recorder’s office of the proper county such payments, with the dates thereof.

      Sec. 5.  Where any bank or trust company is assessed in this state upon its shares or capital stock, and such bank or trust company is the owner of mortgages or trust deeds assessed to it upon lands within this state, the amount or value of such mortgages or trust deeds shall be deducted from the amount which it is assessed upon its shares or capital stock; and such bank or trust company shall only be assessed upon such sum for its shares or capital stock after deducting the value of the mortgages or trust deeds owned by it.

      Sec. 6.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 7.  This act shall be in full force and effect from and after its passage.

                                                                                            Executive Department,

                                                                               Carson City, Nevada, March 23, 1911.

      To the Honorable the Secretary Of State:

      Assembly Bill No. 40-An act supplementary to an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891-having been retained by me for a period longer than five days (Sundays excepted) while the legislature was in session, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office.

                                                                                        Tasker L. Oddie, Governor.

 

________

 

 


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

ê1911 Statutes of Nevada, Page 355ê

CHAPTER 171

Chap. 171–An act relating to contracts and patents for state lands, and matters pertaining thereto.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  All contracts made by the State of Nevada for the sale of lands may be renewed as now provided by law by the contractor, or by his or her successor in interest, or by the holder of or claimant under the original contract, or by the agent of such contractor, successor in interest, holder or claimant, regardless of whether the original contractor be living or dead; but, unless otherwise ordered by a court of competent jurisdiction, such new contract shall be made only in the name of the original contractor, and it shall be sufficient if the same be signed by such successor in interest, holder, claimant or agent. All rights under any new or renewed state land contract, by whomsoever heretofore or hereafter made, and regardless of whether the original contractor be or may have been living or dead at the time of the making thereof, and all rights under any patent issued under any new contract in the name of the original contractor, whether he be or may have been living or not at the time of the making of the contract or the issuance of the patent, shall inure to and become vested in him or her or in his or her heirs, devisees, assignees in interest, or other legal representatives, the same as if such contract had been renewed by the original contractor or such patent had been issued during the life of such deceased contractor.

 

 

 

 

 

 

 

 

Relating to contracts and patents to state lands

 

________

 

CHAPTER 172

Chap. 172–An act providing for the appointment of road supervisors in counties polling three thousand votes or over, for the subdivision of said counties into road districts, and matters properly relating thereto, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of each county in this state polling at the last general election three thousand votes or over, to be determined by the vote cast for secretary of state, shall, for the purpose of supervision of roads, divide the county into road districts, each appropriately designated.

      Sec. 2.  The board of county commissioners of said counties shall, at its first regular meeting in January, 1913, appoint and fix the compensation of one road supervisor in each road district, to serve during the pleasure of the board of county commissioners.

 

 

 

 

 

 

 

 

 

 

Road supervisor in certain counties

 

 

Commissioners to appoint


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

ê1911 Statutes of Nevada, Page 356 (CHAPTER 172)ê

 

Duties of road supervisors

 

 

 

 

 

To take official oath

 

 

 

 

 

Repeal

 

In effect

      Sec. 3.  It shall be the duty of road supervisors appointed under the provisions of this act to supervise all work upon the roads in his district, to attest to the propriety and correctness of all bills for such work, and to direct the expenditures of all sums set apart for such work, and to direct the expenditures of all sums set apart for his district by the board of county commissioners; provided, that no bills shall be contracted nor any money expended by said road supervisor, unless he shall have first obtained the consent and approval of said board of county commissioners.

      Sec. 4.  Each road supervisor appointed under the provisions of this act shall, before entering upon the duties of his office, take the oath prescribed by law, and execute a bond to the State of Nevada, to be approved by the board of county commissioners, in the penal sum of one thousand dollars; which bond shall be conditioned for the faithful performance of the duties of his office, and shall be filed in the office of the county clerk.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 6.  This act shall take effect on the first day of January, 1913.

 

________

 

CHAPTER 173

 

 

 

 

 

 

 

 

 

 

 

Filing-cases for clerk of supreme court

 

 

Files to be catalogued

 

 

 

Appropriation

 

 

Capitol commissioners to act

Chap. 173–An act authorizing the purchase and placing in the office of the clerk of the Supreme Court of the State of Nevada, steel filing-cases in which to place, store and file all the records and files of actions now being and contained in said office, and to properly catalogue all of said files and records before placing in said cases.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of capitol commissioners are hereby authorized and directed to purchase and install modern and improved steel filing-cases and such accessories thereto as will be necessary or the convenient use of the office of the clerk of the supreme court.

      Sec. 2.  Immediately after the installation and placing of said cases in said office, the clerk of the supreme court shall employ such assistance as he shall deem necessary to properly catalogue, number and place in said filing-cases the records and files of all actions now being and contained in said office.

      Sec. 3.  For the purpose of carrying out the provisions of this act, the sum of four thousand five hundred dollars is hereby appropriated out of any money in the state treasury of the State of Nevada, not otherwise specially appropriated.

      Sec. 4.  Immediately upon the approval of this act, the board of capitol commissioners are hereby required and directed to make provision for procuring and purchasing the filing-cases required hereunder.

 

________

 

 


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ê1911 Statutes of Nevada, Page 357ê

CHAPTER 174

Chap. 174–An act to amend an act entitled “An act to provide for a 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.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section ninety-eight of said act is hereby amended to read as follows:

      Section 98.  Five educational 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. 2.  This act shall take effect upon approval.

 

 

 

 

 

 

 

 

 

 

 

 

Educational districts reorganized

 

________

 

CHAPTER 175

Chap. 175–An act to amend section two of an act entitled “An act in relation to public highways,” approved March 9, 1866.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

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

      Sec. 2.  All work hereafter done upon highways, streets or alleys, whether in opening, improving, or keeping the same in repair, shall, when the probable cost of such contemplated work shall exceed five hundred dollars, be done by contracts let to the lowest responsible bidder, and public notice of at least five days shall be given, describing the work to be done, the time and place that bids will be received, and the means of paying for such work. Such bids shall be sealed, may all be rejected, and if any are accepted it shall be that of the lowest bidder who is responsible, or will give satisfactory security. In cases of emergency, it shall be discretionary with the board of commissioners to let contracts for repairs without giving the five days’ notice as is contemplated in this section. But no contract shall be let for an amount to exceed five hundred dollars without written notice.

 

 

 

 

 

 

 

 

 

 

Road and street work to be let by contract

 

 

 

 

 

Exception

 

________

 

 


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ê1911 Statutes of Nevada, Page 358ê

CHAPTER 176

 

 

 

 

 

 

 

 

 

 

Bounty for destruction of certain noxious animals

Chap. 176–An act to amend section one of an act entitled “An act to provide for the destruction of noxious animals and to repeal an act relating thereto,” approved February 3, 1887.

 

[Approved March 24, 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 as to read as follows:

      Section 1.  If any person shall take and kill within this state any of the following noxious animals, he shall be entitled to receive out of the treasury of the county within which such animals shall have been taken, the following bounties, to wit: For every coyote or prairie wolf, one dollar; for every lynx or wildcat, two dollars; for every mountain lion, five dollars, and for every badger, fifty cents, all of which bounties shall be subject to the provisions of this act; provided, that no person shall be entitled to apply for or receive bounty money for any number of scalps less than five at one time.

 

________

 

CHAPTER 177

 

 

 

 

 

 

 

 

 

Railroads must give notice of live stock killed

 

 

 

 

 

 

 

Penalties for noncompliance

Chap. 177–An act requiring railways to give public notice of live stock killed or injured by their locomotives or cars, providing a penalty for failing or neglecting to do so.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person, association or corporation operating a railway within this state that shall injure or kill any live stock of any description by the running of any engine or engines, car or cars, over or against any such live stock, shall within three days thereafter, post at the first railway station in each direction from the place of such injury or killing, a notice in writing in some conspicuous place on the outside of such stations, and file a duplicate with the county clerk of the county in which the stock is injured or killed, which notice shall contain the number and kind of animals so injured or killed, and a full description of each, with the time and place, as near as may be, of such injury or killing, and shall be dated and signed by some officer or agent of such person, association or corporation operating such railway.

      Sec. 2.  Every person, association or corporation that shall fail, neglect or refuse to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100).

 

________


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ê1911 Statutes of Nevada, Page 359ê

CHAPTER 178

Chap. 178–An act appropriating fifty dollars out of the legislative fund of the twenty-fifth session of the Nevada legislature, to be paid to M. Farrell, porter of the senate, and Richard Smith, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-fifth session.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fifty dollars is hereby appropriated out of the legislative fund of the twenty-fifth session of the Nevada legislature, of which twenty-five dollars is to be paid to M. Farrell, porter of the senate, and twenty-five dollars to be paid to Richard Smith, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-fifth session.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of the persons above named for the amounts specified in this act, only upon the certificate of the secretary of state that the legislative chambers have been cleaned and put in order, and the state treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

 

 

 

Porters of senate and assembly for cleaning up chambers

 

 

Duties of controller and treasurer

 

________

 

CHAPTER 179

Chap. 179–An act to amend section 379 of an act entitled “An act to regulate proceedings in civil cases in the courts of justice of this state and repeal all other acts in relation thereto,” approved March 8, 1869, as amended and approved February 20, 1881, as amended and approved March 6, 1897.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section three hundred and seventy-nine of said act is hereby amended so as to read as follows:

      Section 379.  No person shall be allowed to testify under the provisions of sections three hundred and seventy-six and three hundred and seventy-seven, when the other party to the transaction is dead, or when the opposite party to the action, or the person for whose immediate benefit the action or proceeding is prosecuted or defended is the representative of a deceased person, when the facts to be proven transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question by an agent who is living, and who testifies as a witness in favor of the representative of such deceased person, or when persons other than the parties to the transaction, and claiming to have been present when the transaction took place, testify

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain testimony not allowed when opposing party is dead

 

 

Proviso


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

ê1911 Statutes of Nevada, Page 360 (CHAPTER 179)ê

 

 

 

 

Additional proviso

as witness or witnesses in favor of the representative of such deceased person; in all such cases the party may also testify in said action or provide or in relation to the transaction in question, and nothing contained in this act shall affect the laws in relation to attestation of any instrument required to be attested; and provided further, that when husband or wife is insane and has been so declared by a commission of lunacy, or in due form of law, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease on the restoration to soundness of mind of the insane husband or wife, unless upon the consent of both, in which case they shall be competent witnesses.

 

________

 

CHAPTER 180

 

 

 

 

 

 

 

 

 

 

Newspapers at Carson City to do official advertising and publish supreme court decisions

 

 

 

 

 

 

 

 

 

 

 

Appropriations

Chap. 180–An act to amend an act entitled “An act to provide for the publication of the decisions of the supreme court of the State of Nevada and such other official advertising as is required by the state,” approved March 29, 1907.

 

[Approved March 24, 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 as to read as follows:

      Section 1.  The state board of examiners shall, within ten days after the approval of this act, select two daily newspapers, published at the state capital, in one of which all advertising required by the State of Nevada, shall be published; provided, the expense of said publication shall not exceed the sum of one hundred dollars ($100) per month, and in the other said newspaper so selected shall be published all the decisions of the supreme court of the State of Nevada, each decision in two successive issues of the paper, within ten days after a copy of such decision shall have been delivered to the publisher of said newspaper by the clerk of the supreme court, and the publisher shall, within two days after the publication of such decision, furnish four hundred printed copies thereof to the clerk of the supreme court; provided, that the expense of such publication and extra copies furnished said clerk shall not exceed the sum of one hundred and twenty-five ($125) per month; the claims for which advertising and the publication of such supreme court decision shall be paid monthly out of any moneys in the state treasury not otherwise appropriated, for the purposes of carrying out the provisions of this act.

      Sec. 2.  The sum of five thousand four hundred dollars ($5,400) is hereby appropriated out of any money in the state treasury not otherwise appropriated to carry out the provisions of this act.


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

ê1911 Statutes of Nevada, Page 361 (CHAPTER 180)ê

 

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

Repeal

 

________

 

CHAPTER 181

Chap. 181–An act fixing the fees and mileage of witnesses in criminal cases in the district courts of Humboldt, Esmeralda, Eureka, Mineral, Elko counties, State of Nevada, providing payment therefor, and repealing an act entitled “An act fixing the fees and compensation of witnesses in criminal cases in and for the county of Humboldt and providing payment therefor,” approved March 20, 1907.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  All witnesses subpenaed in criminal cases to appear before the district courts of the counties of Humboldt, Esmeralda, Eureka, Mineral, Elko, State of Nevada, shall receive as fees two and one-half dollars per diem, from the date of their appearance at court (as per subpena) until excused. The clerk of each of said courts shall keep a payroll enrolling therein all names of witnesses, the number of days in attendance and the actual number of miles traveled by the most practical route in coming to and returning from said court, for which such witnesses shall receive ten cents for each mile so traveled. The clerk of each of said courts shall forthwith give a statement of such amount to the county auditor of his respective county who shall draw warrants upon the county treasurer for the payment of such witnesses; provided, however, that not more than two witnesses shall be subpenaed to prove the same fact, at the expense of the county, and that the judge before whom the hearing or trial is had shall certify at the conclusion of the testimony of said witnesses that the testimony of said witnesses was material and relevant to the matter tried.

      Sec. 2.  An act entitled “An act fixing the fees and compensations of witnesses in criminal cases in and for the county of Humboldt, and providing payment therefor,” approved March 20, 1907, and all acts and parts of acts in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Fees and mileage for criminal witnesses in certain counties

 

 

 

 

 

 

Proviso

 

 

 

 

Repeal of previous act

 

________

 

CHAPTER 182

Chap. 182–An act to amend section three of an act entitled “An act to provide for the appointment of notaries public, and defining their duties,” approved February 9, 1864.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

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

 


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

ê1911 Statutes of Nevada, Page 362 (CHAPTER 182)ê

 

Oath of notary public

      Section 3.  The bond, together with his oath of office, shall be filed and recorded in the office of the county clerk of said county.

 

________

 

CHAPTER 183

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employee in hazardous callings to receive compensation for injuries; in case of death legal representative to receive compensation

Chap. 183–An act determining certain employments and industries to be especially dangerous, establishing a system of compensation for accidents to workmen engaged therein, requiring employers or contractors carrying on such industries to pay compensation, entitling injured workmen or their legal representatives to receive such compensation, fixing the amount of same and the manner of payment, fixing the time within which claims for compensation must be made, prescribing the manner and method of giving notice to such owner or contractor of such accident, providing for the manner of settling disputed claims by arbitration, providing for their final determination by courts of justice, and granting to courts of justice certain additional powers in proceedings under this act, determining what persons shall be liable under this act.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  If any employment to which this act applies personal injury disabling a workman from his regular service for more than ten days, or death by accident, arising out of and in the course of employment is caused to a workman, the workman so injured, or in case of death, the member of his family, as hereinafter defined, shall be entitled to receive from his employer, and the said employer shall be liable to pay, the compensation provided for in this act; provided, that recovery hereunder shall not be barred where such employee may have been guilty of contributory negligence where such contributory negligence is slight and that of the employer is gross in comparison, but in which event the compensation may be diminished in proportion to the amount of negligence attributable to such employee, and it shall be conclusively presumed that such employee was not guilty of contributory negligence in any case where the violation of any statute enacted for the safety of employees contributed to such employee’s injury; and it shall not be a defense: (1) That the employee either expressly or impliedly assumed the risk of the hazard complained of; (2) That the injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow-servant. No contract, rule or regulation shall exempt the employer from any of the provisions of the preceding section of this act.

      Sec. 2.  “Employer” includes any body of persons corporate or incorporate and the legal personal representative of a deceased employer.


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ê1911 Statutes of Nevada, Page 363 (CHAPTER 183)ê

 

deceased employer. “Workman” includes every person who is engaged in an employment to which this act applies, whether by way of manual labor or otherwise, and where his agreement is one of service or apprenticeship or otherwise, and is expressed or implied, is oral or in writing. Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependents or other person to whom compensation is payable. “dependents” means wife, father, mother, husband, sister, brother, child or grandchild; provided, that they were wholly or partly dependent upon the earnings of the workman at the time of his death.

      Sec. 3.  This act shall apply to workmen engaged in manual or mechanical labor in the following employments within this state, each of which is hereby determined to be especially dangerous, in which from the nature, condition or means of prosecution of the work therein, extraordinary risks to the life and limb of workmen engaged therein are inherent, necessarily or substantially unavoidable, and to each of which employments it is deemed necessary to establish a new system of compensation for accidents to workmen.

      (a) The erection or demolition of any bridge or building in which there is, or in which the plans or specifications require iron or steel framework;

      (b) The operation of elevators, elevating machines or derricks or hoisting apparatus used within or on the outside of any bridge or building for the conveying of material in connection with the erection or demolition of such bridge or building;

      (c) Work on scaffolds of any kind elevated twenty feet or more above the ground, water or floor beneath, in the erection, construction, painting, alteration or repair of buildings, bridges or structures;

      (d) Construction, operation, alteration, or repair of wires, cables, switchboards or apparatus charged with electric currents;

      (e) The operation on railroads of locomotives, engines, trains, motors or cars propelled by gravity, steam, electricity or other mechanical power, or the construction or repairs of railroad tracks and roadbeds over which such locomotives, engines, trains, motors, or cars are operated;

      (f) Construction, operation, alteration, or repairs of locomotives, engines, trains, motors or cars in or about the shops, round-houses, or other places, where the same is done;

      (g) Construction, operation, alteration or repairs to mills, smelters or mines, including every shaft or pit in the course of being sunk, and every crosscut, drift, station, winze, level or inclined planes through which workmen pass to and from work, and all works, machinery, tramways, ladders or passages, both below ground and above ground, in and adjacent to any mine;

Terms defined

 

 

 

 

 

 

 

 

Hazardous callings enumerated


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ê1911 Statutes of Nevada, Page 364 (CHAPTER 183)ê

 

 

 

 

 

 

 

Prompt notice of accidents to be given employers

 

 

 

 

 

 

 

 

 

Notice, how served

 

 

 

 

 

 

 

 

 

 

 

 

Amount of compensation, how determined in case of death

      (h) All work necessitating dangerous proximity to gunpowder, blasting powder, dynamite or any other explosives where the same are used as instrumentalities of the industry;

      (i) The construction of tunnels.

      The employers to whom this act shall apply shall be any person or persons, association, partnership or corporation carrying on any such industry as aforesaid.

      Sec. 4.  Notice of accidents must be given to the employer as soon as practicable after the happening thereof, and the claim for compensation with respect to such accident within six months from the occurrence of such accident causing the injury, or in case of death, within six months from the time of death; provided, always, that the want of, or any defect or inaccuracy in, such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not prejudiced in his defense by the want, defect or inaccuracy, and that such want, defect or inaccuracy was occasioned by mistake or other reasonable cause. Notice in respect of an injury under this act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury, if known, the date at which it was sustained, and shall be served on the employer, or, if there is more than one employer, upon one of such employers. The notice may be served by delivering the same to or at the residence or place of business of the person upon whom it is to be served, or the notice may also be served by post, by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of such notice it shall be sufficient to prove that the notice was properly addressed and registered. Where the employer is a body of persons, natural or artificial, the notice may also be served by delivering the same at, or by sending it by post in a registered letter addressed to the employer at the office, or, if there be more than one office, any one of the offices of such body.

      Sec. 5.  The amount of compensation in case death results from injury, or for death accruing within five years as a result of injury, shall be:

      (a) If the workman leave any person or persons who at the time of the accident were wholly dependent upon his earnings, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of two thousand dollars, whichever of these sums is the greater, but not exceeding in any case three thousand dollars; provided, that the total sum of any weekly payments made under this act shall be deducted from such sum; and if the period of the workman’s employment by the same employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be nine hundred and thirty-six times his average daily earnings during the period of his actual employment under the same employer;

 


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ê1911 Statutes of Nevada, Page 365 (CHAPTER 183)ê

 

same employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be nine hundred and thirty-six times his average daily earnings during the period of his actual employment under the same employer;

      (b) If the workman leave only person or persons who at the time of the accident were partly dependent upon his earnings, a sum equal to 50 per cent of the amount payable under the foregoing provisions of this section;

      (c) If the workman leave no person at the time of the accident who was dependent upon his earnings, the reasonable expenses of his medical attendance and burial, not exceeding in all three hundred dollars.

      Whatever sum is payable under this section in case of death of the injured workman shall be paid to his legal representatives for the benefit of such dependents, and if he leaves no such dependents, then to the public administrator, for the benefit of the person or persons to whom the expenses of medical attendance and burial are due.

      Sec. 6.  The amount of compensation in case of total or partial disability resulting from injury shall be:

      (a) A weekly payment during the disability, beginning within ten days after the injury, 60 per cent of his average weekly earnings in such employment during the previous twelve months if he has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer, so long as there is complete disability; and that proportion of the said percentage which the depleted earning capacity for that service bears to the total disability when the injury is only partial, but in no event shall the total of all payments under this act exceed the sum of three thousand dollars;

      (b) In addition to the foregoing payments, if the injured person lose both feet or both hands, or one foot and one hand, or both eyes or one eye and one foot or one hand, he shall receive, during a full period of five years, 40 per cent of his average weekly earnings, or if he lose one foot, one hand or one eye, the additional compensation therefor shall be 15 per cent of his average weekly earnings, the amount of such earnings to be computed in the same manner as the foregoing 60 per cent; provided, that in no case shall all the payments received herein exceed in any month the whole wages earned when the injury occurs, nor shall the added percentages continue longer than to make all payments aggregate three thousand dollars.

      Sec. 7.  Any workman entitled to receive weekly payments under this act is required, if requested by the employer, to submit himself for examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer, at a time and place reasonably convenient for the workman, within three weeks after the injury, and thereafter at intervals not oftener than once in six weeks.

Compensation, how determined

 

 

 

 

 

 

 

 

 

 

 

 

Amount of compensation, how determined in temporary or permanent injury

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employee must submit to physical examination when requested


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ê1911 Statutes of Nevada, Page 366 (CHAPTER 183)ê

 

 

 

 

 

 

 

 

Arbitration, how conducted

 

 

 

Failure of arbitration, court proceedings

 

 

 

 

 

 

 

 

Employer responsible for contractor or subcontractor

vals not oftener than once in six weeks. A copy of the report of the examining physician shall be furnished to the workman. If a dispute then exists as to the workman’s condition or amount of weekly compensation such dispute shall be determined by arbitration under this act, or by judicial procedure as hereinafter provided; provided, also, that any and all disputes arising under this act may be first submitted to a board of arbitration, and in case of failure to settle it, resort may be had to courts of justice.

      Sec. 8.  Arbitration proceedings shall be as follows: The employer and the workman may each choose one arbitrator, the two arbitrators thus chosen shall choose a third, and the three arbitrators shall hear the facts of the dispute within three months after having been chosen, and within two weeks thereafter, render a decision, which, if unanimous, shall be final and binding on both parties.

      Sec. 9.  On failure of the board of arbitration to reach an adjustment of the dispute above referred to, either party may apply to a court of competent jurisdiction, and have an adjudication as in any other controversy. And the findings and judgment of the court shall be conclusive on all parties concerned. Said courts may compel the attendance of witnesses and the production of evidence, as in all other cases provided for by law, and the judgment of said court may continue and diminish or increase the weekly payments, subject to the maximum provided in this act. The prevailing party in any action, brought under the provisions of this act, shall be entitled to his costs of suit and reasonable attorney’s fees; provided, that nothing in this act shall operate to defeat the constitutional right of appeal.

      Sec. 10.  If any employer who shall be the principal, enters into a contract with an independent contractor to do part of such employer’s work, or if such contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contractor’s contract with the employer, the said principal shall be liable to pay to any workman employed in the execution of the work, any compensation under this act, which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from the principal, then reference to the principal shall be substituted for reference to the employer, except the amount of compensation shall be calculated with reference to the earnings of the workman under the contractor or employer by whom he is immediately employed. Where such principal is liable to pay compensation he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman independently of this section. Nothing in this section shall be construed as preventing a workman from recovering compensation under this act, from the contractor or subcontractor, instead of the principal; nor shall this section apply in any case where the accident shall occur elsewhere than on or in or about the premises on which the principal has undertaken to execute the work or which are otherwise under his control or management.


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ê1911 Statutes of Nevada, Page 367 (CHAPTER 183)ê

 

in any case where the accident shall occur elsewhere than on or in or about the premises on which the principal has undertaken to execute the work or which are otherwise under his control or management.

      Sec. 11.  Nothing in this act contained shall be held or deemed to require any workman or his personal representatives to proceed under its terms and provisions for the recovery of compensation of damages for death or accidental injury. But if the workman or his personal representatives shall so elect, he or they may disregard the provisions of this act and may pursue any other remedy at law for the recovery of such compensation of damages for or on account of such death or injury. The right of election or choice of remedies shall be exercised solely by such workman or his representatives.

      Sec. 12.  A claim for compensation for the injury or death of any employee or any reward or judgment entered thereon shall be entitled to a preference over the other debts of the employer if and to the same extent as the wages of such employee shall be so preferred, but this section shall not impair the lien of any judgment entered upon any award.

      Sec. 13.  The making of a lawful claim against an employer for compensation under this act for the injury or death of his employee shall operate as an assignment of any assignable cause of action in tort which the employee or his personal representative may have against any other party for such injury or death, and such employer may enforce in his own name the liability of such other party.

      Sec. 14.  Nothing in this act contained shall be construed as impairing the right of parties interested after the injury or death of an employee to compromise or settle upon such terms as they may agree upon any liability which may be claimed to exist under this act on account of such injury or death, nor as conferring upon the dependents of any injured employee any interest which he may not divert by such settlement or for which he or his estate shall in the event of such settlement by him be accountable to such dependents or any of them.

      Sec. 15.  This act shall take effect July 1, 1911.

 

 

 

Employee not compelled to proceed against employer

 

 

 

 

 

Claim for compensation preferred debt

 

 

 

Assignment, when claim becomes legal

 

 

 

Claims may be compromised

 

 

 

 

 

In effect

 

________

 

 


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

ê1911 Statutes of Nevada, Page 368ê

CHAPTER 184

 

 

 

 

 

 

 

 

 

 

 

Payment for work on public roads

Chap. 184–An act to amend an act entitled “An act to create the office of road inspector, and to provide for work on public roads and to limit the compensation therefor,” approved February 27, 1897.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 6.  Compensation to others than road inspector shall be not to exceed three dollars for a day’s work on the public roads by one man, or not to exceed six dollars by one man and a span of two draft animals, and one dollar and fifty cents additional for each such additional span. The person so compensated shall, without additional charge, furnish such tools, implements, vehicle, and other necessary equipment, as may be necessary for work.

 

________

 

CHAPTER 185

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to advertise for bids for all work costing over $500

 

 

 

 

 

 

 

 

Proviso

Chap. 185–An act to amend an act entitled “An act supplementary to an act entitled ‘An act to create a board of county commissioners in the several counties of the state, and to define their duties and powers,’ approved March 8, 1865,” approved February 19, 1867.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  In letting all contracts of any and every kind, character, and description whatever, where the contract in the aggregate exceeds the sum of five hundred, the county commissioners shall advertise such contract or contracts to be let, stating the nature and character thereof-and when plans and specifications are to constitute part of such contract, it shall be stated in the notice where the same may be seen-in some newspaper published in their county, for the period of thirty days; in case the contract be for constructing any public building, then the advertisement shall be in that paper published in the county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting such notices of the same in five of the most conspicuous and public places in their county for the same period of time. All such contracts shall be let to the lowest responsible bidder, subject to the provisions of the twenty-third section of the act to which this is supplementary; provided, that the provisions of this act shall not apply to contracts for the construction or repair of bridges, highways, streets or alleys where the same conflicts with other acts in relation to bridges, highways, streets or alleys.


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

ê1911 Statutes of Nevada, Page 369 (CHAPTER 185)ê

 

apply to contracts for the construction or repair of bridges, highways, streets or alleys where the same conflicts with other acts in relation to bridges, highways, streets or alleys.

 

 

________

 

CHAPTER 186

Chap. 186–An act to amend sections three and five of an act entitled “An act in relation to erection and maintenance of bridges,” approved February 21, 1877.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 3.  No bridge shall be constructed or repaired except on the order of the board of county commissioners, or unless a petition as provided for in section four of this act be filed. When the cost of construction or repair of any bridge will not exceed the sum of five hundred dollars, the board of county commissioners shall have the power to let a contract for such construction or repair without advertising or otherwise calling for bids therefor. When the cost of such construction or repair shall exceed the sum of five hundred dollars the contract therefor shall be let to the lowest responsible bidder after notice given by the board of county commissioners, in a county newspaper, for a period of at least two and not more than four weeks’ publication, and if there be no such newspaper, then by three posted notices-one at the court-house, one at the point to be bridged, and one at some other neighboring public place. The bids must be sealed, opened, and the contract awarded at the time specified in the notice; provided, that the board of county commissioners shall have the right to reject any and all bids, in which event new notice shall be given in manner and form as above set forth. The contract and bond to perform the work must be entered into and approved by the board of county commissioners.

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

      Section 5.  On the day fixed to hear the application, proof of the notice given being made satisfactory, the board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary to be constructed or repaired as petitioned for. If found necessary, the board must determine the character of bridge to be constructed or repairs to be made, prepare plans and specifications, invite bids or otherwise let the contract for the construction or repair of same as in this act provided.

 

 

 

 

 

 

 

 

 

Relating to bridge work

 

 

 

 

 

 

Commissioners must advertise for bids, when

 

 

 

 

 

 

 

 

 

 

 

Commissioners to decide as to necessity for and character of bridge

 

________

 

 


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

ê1911 Statutes of Nevada, Page 370ê

CHAPTER 187

 

 

 

 

 

 

 

 

 

 

Additional regulations in registration of voters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of elector

 

 

 

 

 

Proviso

 

 

 

 

Questions to be answered by elector unable to write

Chap. 187–An act to provide for the registration of the names of electors and to prevent fraud at elections in certain incorporated cities within the State of Nevada, providing certain penalties and other matters properly appertaining thereto.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the several counties shall provide for the registry agents, as now constituted by law, in their respective counties, when and where required all proper and necessary books and stationery to carry out the provisions of this act. They shall furnish to each registry agent whose duty it is to register the electors in any incorporated city within the State of Nevada, polling more than two thousand votes at the least preceding general election, a book to be known as the “Official Register,” which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: First-Number on the register. Second-Date of registry. Third-Name of elector. Fourth-Age of elector. Fifth-Where born. Sixth-Number of ward or name of electoral district. Seventh-Description of residence. Eighth-Certificate of naturalization exhibited. Ninth-Signature of the elector. Tenth-Number of identification statement. Each column shall be so marked by printed or written words at the top thereof on each page of such official register as to indicate the nature of the entries to be made therein. Such official register shall be in such number of volumes as shall equal the number of voting or polling-places in such incorporated city.

      Sec. 2.  In registering electors in such incorporated city as mentioned in section one of this act, it shall be the duty of the registry agent to make the appropriate entries in each column of such official register, except in the ninth column, and in said ninth column it shall be the duty of the registry agent to procure from the elector his signature by having the elector sign therein his name in ink or indelible pencil; and the elector shall, with his own hand and without assistance, using an indelible pencil or ink, sign his name; provided, that if the elector alleges his inability to so sign, the registry agent shall read to the elector the following questions from a book to be furnished by the county commissioners and to be known as “Identification Statements for Registration Day,” and said registry agent shall write down in said book the answers of the elector to said questions, each answer being written after the question to which it is an answer. Said questions so read shall be the following: What is your name? What is or was your father’s full name? What is or was your mother’s full name? What is your occupation? What is the name of your present employer?


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

ê1911 Statutes of Nevada, Page 371 (CHAPTER 187)ê

 

name of your present employer? If unemployed, what is the name of your last employer? Where is or was his place of business? Are you married or single? Where did you actually reside immediately prior to taking up your present residence? At the bottom of each list of questions shall be printed the following statement: “I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions,” and said registry agent, who has made the above record, shall forthwith sign his name to said certificate and date the same. The above questions shall be printed on separate sheets of paper which shall be furnished said registry agent, bound together in book form and numbered consecutively, and the number corresponding to the number consecutively, and the number corresponding to the number on each sheet, containing said list of questions shall be entered, when questions have been answered, in the tenth column in the official register of electors. Said book of identification statements shall be kept at all times by the registration agent or other proper officer or officers with the said official register.

      Sec. 3.  Each of said registration agents shall cause such registrations of electors and said questions for identification to be so kept that the same shall be in form to be transmitted to the inspectors of elections, and all the electors registering shall be classified according to the polling or voting places at which they are each respectively entitled to vote, and all electors entitled to vote at any particular polling-place in the same book, or have the questions put to them recorded in one book or bound together in such manner as the registry agent shall determine, and no electors entitled to vote at different polling-places shall be registered in the same book. And no change shall be made in polling-places which in anywise interferes with the purposes of this act.

      Sec. 4.  In addition to the books now required by law to be delivered by registry agents to the inspector or inspectors of elections, the registry agent shall deliver not later than the day preceding that on which the election is to be held, to some one of the inspectors of election in each polling or voting place in any such incorporated city, the original official register containing the names and original signatures of all electors registered and entitled to vote at such polling-place, together with the original or true and certified copies of the identification statements for all electors entitled to vote at such polling-place, if any there be.

      Sec. 5.  If any elector registered under the provisions of this act shall transfer to any other incorporated city mentioned in section one thereof, or if any duly registered elector shall transfer to any such incorporated city, after the closing of registration, and shall demand his right to vote at the election and shall, by reason of such transfer, not to be able to be identified thereat by his signature taken at the time of registering as provided in this act, or by said identification statements, he shall, if his right to vote be challenged or questioned, before being given a ballot, prove the satisfaction of the inspector or inspectors of election, by the oath of two qualified electors, that he is the same person who so registered in said other voting precinct and has been transferred and is mentioned in said certificate of transfer, which oath shall be reduced to writing and by the elector subscribed and sworn to before one of the inspectors of election, who shall also sign his name thereto in a book to be known as the “Transfer Book,” which shall be kept in the same manner as the other election books.

 

 

 

 

 

 

Registry agent to sign his own name

 

 

 

 

 

 

 

Said questions and answers transmitted to election board

 

 

 

 

 

 

Original official register delivered to election board

 

 

 

 

 

Oath to swear in vote, when


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

ê1911 Statutes of Nevada, Page 372 (CHAPTER 187)ê

 

 

 

 

 

 

 

 

 

Signature of voter at polls, when

 

 

 

 

Alternative action of voter when unable to sign

 

 

Identification certificate

 

 

 

 

 

 

 

 

 

 

Election clerk to sign statement, when

 

Comparison of signatures

vided in this act, or by said identification statements, he shall, if his right to vote be challenged or questioned, before being given a ballot, prove the satisfaction of the inspector or inspectors of election, by the oath of two qualified electors, that he is the same person who so registered in said other voting precinct and has been transferred and is mentioned in said certificate of transfer, which oath shall be reduced to writing and by the elector subscribed and sworn to before one of the inspectors of election, who shall also sign his name thereto in a book to be known as the “Transfer Book,” which shall be kept in the same manner as the other election books.

      Sec. 6.  At any and all elections hereafter to be held in any such incorporated city, if any person except as provided by section 5 demanding the right to vote shall be challenged, or his right to vote be questioned, he shall, before receiving a ballot, sign his name by his own hand and without assistance, using an indelible pencil or ink, in a book provided by the inspectors of elections and to be known as the “Signature Book” and to be so labeled in printed or written words in ink, together with the name and description of the polling-place. If the elector on election day alleges his inability to so sign, then one of the election clerks, to be designated by the chairman of the election board or chairman of the inspectors of elections, if there be a chairman, if not then by any inspector of elections for such polling-place, shall read the same list of questions to the elector as were required to be read at the time of registration from a book to be provided for election day, and to be known as “Identification Certificates for Election Day,” and said clerk shall write the answers of the elector thereto. Each of these questions shall be numbered, and a number corresponding to the number on the statement sheet shall be entered opposite the name of the elector in the index book now provided for by law. The questions answered on registration day by the elector shall not be turned to until all the answers to said questions shall have been written down on election day by said election clerk. Any person who shall prompt a voter in answering any questions provided for in this act shall be guilty of a felony, and upon conviction shall be imprisoned in the penitentiary for not more than two years. At the bottom of each list of questions provided to be asked an elector on election day shall be printed or written the following statement: “I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions,” and said election clerk who has made the said record shall sign his name to the said certificates and date the same, and note the time of day of making such record. The comparison of signatures of an elector made on registration and elections days, or the comparison of the answers made by an elector on registration and election days shall be had in full view of watchers, and the right to challenge electors shall exist until the ballot shall have been deposited in the ballot-box.


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

ê1911 Statutes of Nevada, Page 373 (CHAPTER 187)ê

 

deposited in the ballot-box. If the signatures or answers, as the case may be, made upon registration day do not correspond, in the judgment of a majority of the inspectors of elections, then the person so offering to vote shall not be entitled to a ballot. And that shall be the only test as to whether the person offering to vote is the same person who registered under the name offered to be voted by such person so offering to vote. No other identification of electors shall be necessary nor permitted.

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 8.  This act is intended to be supplemental to an act entitled “An act to provide for the registration of the names of electors and to prevent fraud at elections,” approved March 5, 1869, and of all acts amendatory thereof or supplemental thereto.

 

 

 

 

 

 

Repeal

This act supplementary to previous act

 

________

 

CHAPTER 188

Chap. 188–An act to regulate the hours of work or labor of men employed or working on or about the surface of underground mine workings, and providing for the punishment of violations of this act.

 

[Approved March 24, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, top men, and all working men employed or working on or about the surface or surface workings of any underground mine workings, shall not exceed eight (8) hours in any period of twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger.

      Sec. 2.  Any person who violates any of the provisions of this act, or any person, corporation, employer or agent who hires, contracts with, or in any manner causes or induces any person to work or labor on or about the surface or surface workings of any underground mine workings for more than eight (8) hours in any period of twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.

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

 

 

 

 

 

 

 

 

 

Eight hours legal day’s work for surface employees of mines

 

 

Penalties

 

 

 

 

 

 

 

 

In effect April 24, 1911

 

________

 

 


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

ê1911 Statutes of Nevada, Page 374ê

CHAPTER 189

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk of Washoe County

 

 

 

In effect January 1, 1913

Chap. 189–An act to amend section 1 of “An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts or parts of acts in conflict herewith,” approved March 23, 1909.

 

[Approved March 25, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The county clerk of Washoe County, State of Nevada, shall receive a salary of three thousand dollars per annum, payable in equal monthly installments, in full payment for all official duties and services performed and rendered by him; and he is authorized to appoint one deputy who shall receive a salary of eighteen hundred dollars per annum, payable in equal monthly installments, and two deputies, each to receive twelve hundred dollars per annum, payable in equal monthly installments. This act shall be effective from and after the first day of January, 1913. All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 190

 

 

 

 

 

 

 

 

 

 

 

Amending general act for incorporation of cities

 

 

City officers provided for

Chap. 190–An act to amend section thirty-six of an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907.

 

[Approved March 25, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section thirty-six of an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, is hereby amended so as to read as follows:

      Section 36.  In addition to the mayor and city council, there may be elected in each city a city clerk, a city treasurer and a judge of the municipal court; and, also, in cities of the first and second class, a city attorney and city auditor. In cities of the third class the mayor may, at his discretion, by and with the consent of the city council, appoint a city marshal, who shall hold office at the pleasure of the mayor and council. All elective officers shall hold their respective offices for two years and until their successors are elected and qualified.


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

ê1911 Statutes of Nevada, Page 375 (CHAPTER 190)ê

 

elective officers shall hold their respective offices for two years and until their successors are elected and qualified.

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

 

 

Repeal

 

________

 

CHAPTER 191

Chap. 191–An act to amend an act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and the removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service and fixing the maximum freight charges,” approved March 5, 1907, and amended March 20, 1909.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section eight of an act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service and fixing the maximum freight charges,” approved March 5, 1907, and amended March 20, 1909, is hereby amended so as to read as follows:

      Section 8.  Nothing herein shall prevent the carriage, storage, or handling of freight free or at reduced rates for the United States, the state or any political subdivision thereof, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods and supplies, the property of employees, or the issuance of mileage, commutation, or excursion passengers’ tickets; provided, that the same shall be obtainable by any persons applying therefor, without discrimination, or of party tickets; provided, that the same shall be obtainable by any person applying therefor under like circumstances and conditions. This act shall not be construed as preventing railroads from giving free transportation or reduced rates therefor to any minister of the gospel, constable in any county of the state, officer or agent of the incorporated colleges, college professors, school teachers, students attending institutions of learning, regular agents of charitable societies when traveling upon the business of the society only, destitute or homeless persons, railroad officers, attorneys, directors, employees or members of their families, or bona fide ex-railroad employees of any steam or electric railroad in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads and members of their families.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amended railroad commission law

 

 

 

 

 

 

Certain freight may be carried free

 

 

 

 

 

 

Passes allowed to certain persons


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

ê1911 Statutes of Nevada, Page 376 (CHAPTER 191)ê

 

 

 

Attendants allowed on stock trains

railroad in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads and members of their families.

      (a) Upon any shipment of live stock or other property of such nature as to require the care of an attendant, the railroad may furnish to the shipper, or some person or persons designated by him, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, that there shall be no discrimination in reference thereto between such shippers, and the commission shall have power to prescribe regulations in relation thereto.

 

________

 

CHAPTER 192

 

 

 

 

 

 

 

Poll tax applied to road work; counties to furnish receipts

Chap. 192–An act providing for the disposition of poll-tax collections.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act all money received from poll-tax collections shall be by the county commissioners of the various counties of this state set aside for the exclusive use of the different road districts, of the several counties, according to the amounts collected in the various road districts and all receipts for poll taxes shall hereafter be furnished by the respective counties instead of the state controller and all poll-tax receipts shall be signed by the county assessor.

 

________

 

CHAPTER 193

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending railroad commission law

Chap. 193–An act to amend an act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and the removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service and fixing maximum freight charges,” approved March 5, 1907, as amended March 20, 1909.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  A railroad commission is hereby created, to be composed of three commissioners. The governor, the lieutenant-governor, and the attorney-general shall constitute a railroad board for the purpose of appointing such commissioners.


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

ê1911 Statutes of Nevada, Page 377 (CHAPTER 193)ê

 

board for the purpose of appointing such commissioners. A majority of the members of said railroad board may perform all the duties required of such board. Within thirty days after the passage of this act the railroad board shall appoint such commissioners and designate the term of each, and they shall hold until their successors are appointed. The term of one such appointee shall terminate on the first Monday in February, 1909; the term of the second such appointee shall terminate of the first Monday in February, 1910; and the term of the third appointee shall terminate on the first Monday in February, 1911. On the second Monday in January, 1909, and annually thereafter, there shall be appointed, in the same manner, one commissioner for the term of three years from the first Monday in February of such year. Each commissioner so appointed shall hold office until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the railroad board.

      (a) One commissioner, who shall be designated as chief commissioner and shall be chairman of the commission, shall be an attorney at law, and well versed in the law of railroad regulation; one to be designated as first associate commissioner shall be a practical railroad man familiar with the operation of railroads generally; the third, to be designated as the second associate commissioner, shall be a business man having a general knowledge of fares and freights, tolls and charges, as levied by the railroads, and all common carriers included within the term “railroad” as defined in this act. Each commissioner, as herein designated, shall have an equal voice and vote upon all questions whereon the commission is required to or may act as a body. A majority of said commission shall have full power to act in all matters within its jurisdiction, and in the event of two of the commissioners being disabled or disqualified from acting, or in the event of there being two vacancies at the same time in the commission, the remaining commissioner shall have power to do all the acts and things which a majority of the commission might do, and his official acts shall stand as the acts of the commission. At no time shall more than two of said commissioners be members of the same political party.

      (b) The railroad board may at any time remove any commissioner for any inefficiency, neglect of duty, or malfeasance in office. Before such removal it shall give such commissioner a copy of the charges made against him and shall fix a time when he can be heard in his own defense, which shall not be less than ten days thereafter, and said hearing shall be open to the public. If he shall be removed the railroad board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and findings thereon, with the record of the proceedings.

      (c) No person so appointed shall be pecuniarily interested in any railroad in this state or elsewhere, and if any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant; and if he shall become so interested otherwise than voluntarily, he shall, within a reasonable time, divest himself of such interest, and failing to do so his office shall become vacant and the railroad board shall proceed as provided for in section 1, subdivision b, of this act.

Amending railroad commission law

 

 

 

 

 

 

 

 

 

 

Chief commissioner

 

Associate commissioner

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners may be removed for cause


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

ê1911 Statutes of Nevada, Page 378 (CHAPTER 193)ê

 

Commissioners not to have pecuniary interest in any railroad

 

Complaints to be investigated within reasonable time

 

 

 

 

Chief and first associate commissioner to give entire time

 

 

Oaths to be taken

 

 

 

 

Salaries

 

 

 

Secretary; salary of

 

 

 

Oath of secretary

 

 

 

 

Official title of commission

ipso facto become vacant; and if he shall become so interested otherwise than voluntarily, he shall, within a reasonable time, divest himself of such interest, and failing to do so his office shall become vacant and the railroad board shall proceed as provided for in section 1, subdivision b, of this act.

      (d) Whenever a complaint is made to the commission of a violation of any of the provisions of this act, or of any order of the commission, it shall, within four months, commence investigation of said charge, and shall determine the same within six months, unless the person preferring said charges shall agree in writing to a longer time. A failure to comply with this provision shall ipso facto render the office of each of the commissioners vacant, and the railroad board shall appoint new commissioners as provided for in this act.

      (e) Neither the chief commissioner nor the first associate commissioner shall hold any other office or position of profit, or pursue any other regular business or vocation. These limitations and restrictions shall not apply to the second associate commissioner, but none of the commissioners shall be a member of any political convention, or a member of any committee of any political party.

      (f) Before entering upon the duties of his office, each of said commissioners shall take and subscribe the constitutional oath of office, and shall in addition thereto swear (or affirm) that he is not pecuniarily interested in any railroad in this state or elsewhere, or common carrier, which oath or affirmation shall be filed in the office of the secretary of state.

      (g) The chief commissioner shall receive a salary of $5,000 per annum, the first associate commissioner shall receive a salary of $4,000 per annum, and the second associate commissioner shall receive a salary of $2,500 per annum, all payable in the same manner as the salaries of other state officers are paid.

      (h) Said commission may appoint a secretary, who shall be an expert rate man at a salary of not more than $2,400 per annum and may employ such other clerks and experts as may be necessary to perform any service it may require of them, and shall fix their compensation.

      (i) The secretary shall take and subscribe to an oath similar to that of the commissioners, and shall keep full and correct records of all transactions and proceedings of the commission, and shall perform such other duties as may be required by the commission. Any person ineligible to the office of commissioner shall be ineligible to the office of secretary.

      (j) The commission shall be known collectively as the “Railroad Commission of Nevada,” and in that name may sue and be sued. It shall have a seal with the words “Railroad Commission of Nevada,” and such other design as the commission may prescribe engraved thereon, by which is shall authenticate its proceedings, and of which the courts shall take judicial notice.


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

ê1911 Statutes of Nevada, Page 379 (CHAPTER 193)ê

 

      (k) The commission shall keep its office at Carson City, and shall be provided by the board of capitol commissioners with suitable room or rooms, necessary office furniture, supplies, stationery, books, periodicals, maps, and all necessary expenses shall be audited and paid as other state expenses are audited and paid. The commission may hold sessions at any place other than its office, when the convenience of the parties so requires. The commissioners and secretary and such other clerks and experts as may be employed shall be entitled to receive from the state their necessary expenses while traveling on the business of the commission, including the cost of lodging and subsistence. Such expenditure shall be sworn to by the person who incurred the expense, and be approved by the chairman of the commission.

      (l) The commission shall have the power to adopt and publish rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings of railroads and other parties before it, and all hearings shall be open to the public.

      (m) The commission may confer by correspondence, or by attending conventions, or otherwise, with the railroad commissioners of other states, and with the interstate commerce commission on any matter relating to railroads. All necessary expenses incurred in attending such conventions shall be a charge against the state, and be audited and paid as other state claims are paid; provided, that all such claims shall be sworn to by the commissioner incurring the expense, and be approved by the chairman.

      (n) Nothing herein contained shall be so construed as to affect the date of the beginning or ending of the term of any commissioner now in office, or to change the dates of future appointments from those now prescribed by law, but from and after the passage of this amendatory act the commissioner now designated as the one who shall not hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any party, but shall devote his entire time to the duties of his office, shall be officially designated “Chief Commissioner,” and be paid the salary herein prescribed and the commissioner whose term began on the first Monday in February, 1911, shall be officially designated “First Associate Commissioner,” and the salary paid him as herein prescribed. The salaries herein provided for shall be deemed and considered full compensation for all services rendered by the members of the commission, whether as railroad commissioners or in any other official or ex officio capacity.

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

Office kept at Carson City

 

 

 

 

 

 

 

 

Rules of procedure

 

 

To confer with similar bodies of other states and attend conventions

 

 

 

 

Present commission not disturbed

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

 


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ê1911 Statutes of Nevada, Page 380ê

CHAPTER 194

 

 

 

 

 

 

 

 

 

 

 

 

Segregation of moneys for state sheep inspection fund

Chap. 194–An act to amend section five of an act entitled “An act regulating the sheep industry of the State of Nevada, creating a state board of sheep commissioners, defining their duties and prescribing their compensation,” approved March 26, 1907.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  The county assessor must, on or before the fourth Monday in October of each year, prepare from the assessment book of such year, as corrected by the board of equalization, a statement showing the total number of all sheep assessed and the value of the same. And the county treasurer must notify the state board of sheep commissioners of all moneys forwarded to the state treasurer belonging to the state sheep inspection fund at the time said moneys are forwarded to the state treasurer, also make final report to said board at the time he makes settlement with the state controller.

 

________

 

CHAPTER 195

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicants for certificates to practice medicine must have diploma and pass examination

Chap. 195–An act to amend an act entitled an act to amend “An act entitled ‘An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith,’ approved March 4, 1905,” approved March 20, 1907.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 8.  Applicants for certificates to practice medicine, surgery or obstetrics in the State of Nevada shall be required to present a diploma from a legally recognized college, and to pass a satisfactory examination before the state board of medical examiners as to his or her qualifications. The applicant must appear personally before the board, and the examination shall be conducted in the English language, and shall be, in whole or in part in writing, and in each branch shall obtain seventy-five per cent, and shall be on the following subjects, to wit: Anatomy, physiology, materia medica, and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain, genito-urinary system.


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

ê1911 Statutes of Nevada, Page 381 (CHAPTER 195)ê

 

peutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain, genito-urinary system. Said examination shall be fair and impartial, and the questions of such character as will determine the fitness of the applicant to practice his or her profession. When applicant applies for examination in materia medica and therapeutics and theory and practice of medicine, he shall designate in which school of medicine he desires to practice, and only the member or members of the board who belong to the school so designated shall participate in this part of the examination. Examinations shall be practical in character, and designed to discover the applicant’s fitness to practice medicine and surgery. If an applicant fail in his first examination, he may, after not less than six months, be reexamined, without additional fee. If he fail in a second examination, he shall not thereafter be entitled to another examination in less than one year after the date of the second examination, and shall be required to pay for such examination the full fee. The examination papers shall form a part of the records of said board, and shall be kept on file by the secretary, and said records shall be open to public inspection whenever requested after the examination; provided, that any person, who is a regular graduate from a regularly chartered college of the practice of the system of which is generally known and recognized as the drugless system, may present themselves for examination under the regulations hereinbefore specified, and shall be required to pass an examination in all the subjects noted, with the exception of materia medica and therapeutics, and upon the passing satisfactorily of said examination by the board, shall have issued to them a license to practice the said system of drugless medicine in this state, under the same rules and regulations prescribed and required of the practitioners of other systems of medicine. Each applicant, on making application, shall pay to the secretary of the board a fee of twenty-five dollars ($25), at the same time the diploma and affidavit is filed with him, and this fee shall not be returned in the event of the applicant’s failing to pass a satisfactory examination. Any person who may hereafter be granted a license to practice medicine and surgery in this state under this act, upon the grounds of reciprocity with other states and without examination, shall pay a fee of twenty-five dollars ($25) for such license.

Subjects of examination

 

 

 

 

 

 

 

 

Reexamination for unsuccessful applicants

 

 

 

 

 

 

 

 

 

Certain subjects excepted in certain cases

 

 

 

Fee forfeited in case of failure

 

________

 

 


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

ê1911 Statutes of Nevada, Page 382ê

CHAPTER 196

 

 

 

 

 

 

 

 

 

 

 

 

Contributory dependency and contributory delinquency

Chap. 196–An act to amend section one of an act entitled “An act to define contributory dependency and contributory delinquency, and to make the same a misdemeanor and to provide for the punishment of persons guilty thereof,” approved March 23, 1909.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Definition.  Any person who shall by any act cause, encourage, or contribute to the dependency or delinquency of a child, as these terms with reference to children are defined by the statutes of this state, or who shall for any cause be responsible therefor, shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be fined in a sum not to exceed five hundred dollars or imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. When the charge against any person under this act concerns the dependency of a child or children, the offense, for convenience, may be termed “contributory dependency,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.” All offenses under the provisions of this act shall be prosecuted in the juvenile department of the district court of the county in which said offense may be committed.

 

________

 

CHAPTER 197

 

 

 

 

 

 

 

 

 

 

 

 

Amending juvenile court law

Chap. 197–An act to amend certain sections of an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption and guardianship of the person of such child or children,” approved March 24, 1909.

 

[Approved March 27, 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 to read as follows:

      Section 1.  This act shall be known as the “Juvenile Court Law” and shall apply only to children under the age of eighteen years not now or hereafter inmates of a state institution, except as otherwise herein provided.

      For the purpose of this act the words “dependent child” and “neglected child” shall mean any child who, while under the age of eighteen years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame, or with any vicious or disreputable person, or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be, is an unfit place for such child, or who, while under the age of ten years, is found begging, peddling or selling any article or articles, or singing or playing any musical instrument for gain or giving any public entertainments upon the street, or accompanies or is used in the aid of any person so doing; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public poolroom where the game of billiards or pool is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or any lawful occupation; or habitually wanders about any railroad yards or tracks, or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane or indecent language, or smokes cigarettes in any public place or about any schoolhouse; or is guilty of indecent, immoral or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child, and when proceeded against, such proceedings shall be on behalf of the state in the interest of the child and the state, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the district court as a ward of the state in the manner hereinafter provided.


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

ê1911 Statutes of Nevada, Page 383 (CHAPTER 197)ê

 

abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame, or with any vicious or disreputable person, or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be, is an unfit place for such child, or who, while under the age of ten years, is found begging, peddling or selling any article or articles, or singing or playing any musical instrument for gain or giving any public entertainments upon the street, or accompanies or is used in the aid of any person so doing; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public poolroom where the game of billiards or pool is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or any lawful occupation; or habitually wanders about any railroad yards or tracks, or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane or indecent language, or smokes cigarettes in any public place or about any schoolhouse; or is guilty of indecent, immoral or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child, and when proceeded against, such proceedings shall be on behalf of the state in the interest of the child and the state, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the district court as a ward of the state in the manner hereinafter provided.

      The words “delinquent person” shall include any person under the age of eighteen years who violates any law of this state or any ordinances of any town, city, county, or city and county of this state, defining crime.

      A deposition of any child under this act or any evidence given in such cause shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this act; nor shall the name of any such child in connection with any proceedings under this act be published in any newspaper without a written order of the court. The word “child” or “children” may be held to mean one or more children, and the word “parent” or “parents” may be held to mean one or both parents, when consistent with the intent of this act.

Dependent child and neglected child defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Delinquent person defined

 

What not lawful evidence


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

ê1911 Statutes of Nevada, Page 384 (CHAPTER 197)ê

 

 

 

 

 

Probation officers, duties of

 

 

 

 

 

 

 

 

 

 

May be appointed by court

 

 

 

 

 

Salaries of probation officers

 

 

 

Appointment of probation officer discretionary with district judge, when

ents, when consistent with the intent of this act. The word “association” shall include any association, institution or corporation which includes in their purposes the care, or disposition of children, coming within the meaning of this act.

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

      Section 6.  Probation Officers.  The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

      In all counties in this state the district judge may appoint one probation officer, whenever in the opinion of the district judge, the district superintendent of schools, in which said county may be located, or be a part thereof, and a majority of the board of county commissioners of said county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such probation officer can be removed from office at any time by said district judge. The salary of said probation officers shall be as follows:

      In counties having over fifteen thousand population, there shall be one probation officer, and one assistant probation officer receiving a salary. The salary of the probation officer shall be one hundred and fifty dollars per month, and the salary of an assistant shall be seventy-five dollars per month. The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per year.

      In counties having less than fifteen thousand population it shall be within the discretion of the district judge or county commissioners of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary and such salary shall be one hundred and twenty-five dollars per month; provided, further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be seventy-five dollars per month.


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ê1911 Statutes of Nevada, Page 385 (CHAPTER 197)ê

 

salary shall be one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be seventy-five dollars per month.

      All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge or judges of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge or judges may determine, and can be paid for the time and periods said probation officer serves under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

      Any district judge or judges appointing such probation officer to receive a salary or other compensation from the county provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge or judges to withdraw such appointment and appoint some one who shall receive the approval of said board.

      Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power and authority of police of sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge or judges that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

      The appointment of probation officers and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court.

 

 

 

Expenses of probation officers

 

 

 

 

 

 

Competency of probation officer, how decided

 

 

 

 

 

 

 

 

 

 

 

To have powers of peace officers

 

 

 

 

 

 

 

Appointments file with court


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ê1911 Statutes of Nevada, Page 386 (CHAPTER 197)ê

 

 

 

 

Probation committee, how appointed

 

 

 

 

 

 

 

 

To serve two years

 

 

 

No salary

 

Committee to report

 

 

 

Annual report of committee

court. Probation officers shall take an oath such as may be required of other county officers to perform their duties and file in the office of the clerk of the district court.

      Sec. 3.  Section seven of said act is hereby amended to read as follows:

      Section 7.  Probation Committee.  The judge or judges of the district court in and for each county or city and county of the state, and in counties where there is more than one judge of the said court shall, by an order entered in the minutes of the court, appoint five discreet citizens of good moral character and of either sex, to be known as “Probation Committee,” and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed upon said committee, and thereupon said person shall appear before the judge of the district court to whom has been assigned all proceedings under this act, and qualify by taking an oath, which shall be entered in said juvenile court record, to faithfully perform the duties of a member of said probation committee.

      The members of such probation committee shall hold office for two years, and until their successors are appointed and qualified. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the unexpired term.

      Members of the probation committee shall serve without compensation, and shall choose from their members a chairman and secretary.

      The district court or any judge thereof may at any time require of said probation committee or probation officer to examine into the qualifications and management of any society, association or corporation, other than a state institution, receiving or applying for any child or children under this act, and to report thereon to the court.

      It shall be the duty of each probation committee prior to the first day of December in each year, to prepare a report in writing on the qualifications and management of all societies, associations and corporations, except state institutions, applying for or receiving any child under this act from the courts of their respective counties, and in such reports said committee may make such suggestions or comments as to them may seem fit, such report to be filed in the office of the clerk of the court appointing such committee for the information of the county commissioners thereof. The probation committee shall also have the control and management of the internal affairs of any detention home, heretofore or hereafter established by the board of county commissioners of their county, such control and management at all times to be subject to the approval of the district court or judge or judges thereof, and it shall be the duty of the board of county commissioners to provide for the payment of such employees as may be needed in the efficient management of such detention home.


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ê1911 Statutes of Nevada, Page 387 (CHAPTER 197)ê

 

      Dependent and Neglected Children.  If the court shall find any child under the age of eighteen years to be dependent or neglected within the meaning of this act, the court may allow such child to remain at its home subject to the friendly visitation of a probation officer, or to report to the court or probation officer from its home or school at such times as the court may require. And if parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child and that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family, home or other suitable place which such guardian may provide for such child, or the court may enter an order committing such child to some suitable state institution, of this or any other state organized for the care of dependent or neglected children, or to some training or industrial school or childrens’ home-finding society of this or any other state, or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinbefore provided.

      Sec. 4.  Section nine of said act is hereby amended to read as follows:

      Section 9.  Delinquent Children.  If the court shall find any child under the age of eighteen years to be delinquent within the meaning of this act, the court may allow such child to remain at its own home subject to the friendly visitation of a probation officer, such child to report to the court or probation officer with such record of its conduct in its home or school as the court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate, or discipline such child, and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child, and shall further find that it is for the interest of such child and other people of this state that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the court may commit such child to any institution incorporated under the laws of this or any other state to care for delinquent children, or to any institution that has been or may be provided by the state, county, city, town or village suitable for the care of delinquent children including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinbefore provided.

Dependent and neglected children

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Specifying who are delinquent children


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

ê1911 Statutes of Nevada, Page 388 (CHAPTER 197)ê

 

Regarding delinquent children

 

 

 

 

 

 

 

 

 

 

 

When child may be proceeded against

 

 

 

 

 

 

 

 

 

 

 

 

 

Proceedings regarding delinquents

may commit such child to any institution incorporated under the laws of this or any other state to care for delinquent children, or to any institution that has been or may be provided by the state, county, city, town or village suitable for the care of delinquent children including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinbefore provided. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time governing such institution or association.

      Sec. 5.  Section ten of said act shall be amended to read as follows:

      Sec. 10.  The court may, in its discretion, in any case of a delinquent child permit such child to be proceeded against in accordance with the laws that may be enforced in the state governing the commission of crimes or violation of city, village or town ordinances; in such case the petition filed under this act shall be dismissed.

      Whenever any person over the age of eighteen years and under the age of twenty-one years is accused of a felony, and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging said person with the commission of said felony, the judge may, in his discretion, with the consent of the accused, or upon his request, arrest said proceeding at the time of the arraignment or at any time previous to the impanelment of the jury, except where the crime charged is a capital offense or an attempt to commit a capital offense, and may proceed to investigate the charge against the defendant, and all the facts and circumstances necessary to determine the proper disposition to be made of said person, and shall determine whether said person shall be dealt with as a delinquent under the provisions of this act.

      If the court is satisfied upon such investigation that said person should be declared a delinquent and should be dealt with under this act, it may make such order as herein provided for the disposition of delinquent children. If such person thereafter proves not to be amenable to the discipline of the school to which he may be committed, and the trustees thereof shall determine that said person should be committed to a state penitentiary, such person should be returned to the custody of the sheriff of the county in which such crime was committed, and thereafter proceedings shall be had upon the indictment or information commencing at the point at which proceedings were arrested; and said person shall be tried for the offense alleged in the information, and if convicted shall be sent to the penitentiary for such time as the court may determine, or otherwise dealt with in accordance with the law for dealing with persons convicted of a felony.


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

ê1911 Statutes of Nevada, Page 389 (CHAPTER 197)ê

 

were arrested; and said person shall be tried for the offense alleged in the information, and if convicted shall be sent to the penitentiary for such time as the court may determine, or otherwise dealt with in accordance with the law for dealing with persons convicted of a felony. If no request is made by the defendant for proceedings under this statute, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceedings under this statute, said cause shall proceed in the ordinary manner up to the verdict of guilty or not guilty, as the case may be. If said person is convicted, the court may thereafter receive such evidence as may be offered, touching the question as to whether or not said person shall be dealt with as a delinquent in the manner hereinbefore provided in the case of the application and consent of the accused before trial, and may make such order of probation or commitment to said state schools, and may from time to time modify said probation order, as is herein provided in the case of children adjudged delinquent. If such person during the period of his commitment to said state institution, proves to be incorrigible or not amenable to the discipline of such institution, and it shall be deemed advisable in the judgment of the trustees of such institution that said person be sent to the penitentiary, then said person shall be returned to the district court in which the verdict was rendered, for sentence, and thereupon the court shall pronounce judgment.

      Sec. 6.  Section fourteen of said act is hereby amended to read as follows:

      Section 14.  Transfers from Justice and Police Magistrates.  When in any county where a court is held as provided in section 2 of this act, any child under the age of eighteen years is arrested with or without warrant, such child may, instead of being taken before a justice of the peace or police magistrate, be taken directly before such court; or if the child is taken before the justice of the peace or police magistrate, such justice or magistrate shall inquire into such case, and unless he be of the opinion that no sufficient foundation exists for the charge of dependency or delinquency, it shall be the duty of such justice of the peace or police magistrate to transfer the case to district court, and the officer having the child in charge take the child before such court, and in any case the district court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the court upon petition as herein provided. In any case the court shall require notice to be given and investigation shall be made as in other cases under this act, and may adjourn the hearing from time to time for that purpose.

      Sec. 7.  Section fifteen of said act is hereby amended to read as follows:

      Section 15.  Children Under Twelve Years Not To Be Committed to Jail.  No court or magistrate shall commit a child under twelve years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer, or probation officer, who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station.

Proceedings regarding delinquents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfers from justice and police magistrates


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

ê1911 Statutes of Nevada, Page 390 (CHAPTER 197)ê

 

Children under 12 not committed to jail

 

 

 

 

 

 

 

Detention how, when established

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent of detention home, when appointed

 

 

 

Child may give bonds, when

under twelve years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer, or probation officer, who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child within the same building with such adult convict, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present.

      In counties of over ten thousand population the county commissioners of each of said counties are authorized and required without unreasonable delay to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home located at the county-seat of each of said counties, for the detention of the dependent and delinquent children and wherein all children within the provisions of this act shall, when necessary, before or after trial, be detained, either for securing the attendance of such children at any hearing or trial or when under order of probation for the best interests of said child and of the state. Such detention home shall be under the supervision of a matron who with other necessary employees shall be appointed by the judge or judges of the district court on the nomination of the probation committee, and their salaries shall be fixed by the judge or judges of the district court of the county, and such employees shall hold their positions during the pleasure of the judge or judges of their county. Such detention home shall be conducted as nearly like a home as possible, and shall not be deemed to be, or treated as a penal institution.

      Whenever, in the discretion of the district judge or judges and probation officer, it becomes necessary to provide a superintendent or other male attendant at such detention home, the district judge or judges shall make such appointment, which appointee shall be deputized as, and clothed with the authority of, a probation officer, and it shall be the duty of the county commissioners to provide for the payment of all salaries and expenses occasioned thereby.

      Any child within the provisions of this act, informed against or regarding which a petition had been filed, or for any purpose taken into custody, shall, at any time before it is tried and adjudged to be delinquent, be entitled, by any friend or parent offering sufficient surety, to give bond or other security for its appearance at any hearing or trial of such case as such right is given to persons informed against the crime; and the court may in any case, upon the request of said child, or parent representing it, appoint counsel to appear on behalf of any such child, such counsel to receive no pay from the county.


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

ê1911 Statutes of Nevada, Page 391 (CHAPTER 197)ê

 

      Sec. 8.  There is hereby added to said act an additional section, to be known as section twenty-nine:

      Section 29.  Up to and including July 1, 1913, the governor and the superintendent of public instruction of this state are hereby authorized and directed to make such contracts for and in behalf of this state, with the states of California, Oregon, Idaho or Utah, for the care, maintenance, and training of juvenile delinquents of this state, in the industrial or training schools for juvenile delinquents of this state, in the industrial or training schools for juvenile delinquents of such states of California, Oregon, Idaho or Utah as, and upon such terms as the said governor and superintendent of public instruction may deem necessary for the proper care, maintenance and training of such delinquents.

 

 

Contracts may be made with other states for care of juvenile delinquents

 

________

 

CHAPTER 198

Chap. 198–An act supplemental to an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of assessment and collection of taxes on the property and franchises of any express company the cash value thereof shall not be less than the largest amount on which the net profit of the company for the calendar year previous to the assessment or levy of the taxes will pay interest or dividends at the rate of eight per cent per annum. This net profit shall be the difference between the average gross annual earnings per mile on the mileage operated in this state on local and through business, including receipts for the transportation of parcels and property carried into, out of or through this state and the necessary annual average expense per mile on such mileage operated in this state in such transportation, carrying and operation of the business of the express company under reasonable, economical and prudent management, estimated for the last calendar year previous to the levy. The actual annual deterioration of property used in the business shall be considered a part of the annual expense.

      Sec. 2.  Every express company shall include in the list or statement of taxable property now required by law to be made a statement of the gross receipts and expenses and the net income of the company, the amount paid in dividends and the amount held or carried over as surplus, for the last calendar year, and a statement of the total number of miles operated by such express company on any through lines which run through this state, and of the gross receipts and expenses thereon, and of the total number of miles operated by such express company exclusively in this state, and of the gross receipts and expenses thereon.

 

 

 

 

 

 

 

 

 

Method of assessing property and franchises of express companies

 

 

 

 

 

 

 

 

 

 

Express companies to make complete report


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

ê1911 Statutes of Nevada, Page 392 (CHAPTER 198)ê

 

 

exclusively in this state, and of the gross receipts and expenses thereon. Such list or statement shall be in no way conclusive or binding upon any officer, board or authority empowered by law to fix assessments or to collect taxes.

 

________

 

CHAPTER 199

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of health

 

 

 

 

 

Meetings of board

 

 

Duties of president

 

 

 

Duties of secretary

 

Biennial report

Chap. 199–An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor and other matters relating thereto.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  A state board of health is hereby created, consisting of a president, secretary and one other member.

      The president and secretary shall be appointed by the governor for a term of four years; said appointee shall have been engaged in the regular practice of medicine in the State of Nevada, for a period of at least five years before being eligible to appointment on said board of health; the third member of the board shall be appointed by the governor and the president and secretary; the requirement as to the five years’ practice shall not apply in his case.

      Sec. 2.  The state board of health shall meet at Carson City on the first Tuesday in January and the first Tuesday in July in each year, and at such other times as the president may deem advisable.

      Sec. 3.  The duties of the president are to preside over all meetings of the board, and to perform such other acts as may be fixed and determined by the state board of health. He shall receive the sum of twenty dollars per day for each day’s session of the board of health, together with necessary traveling expenses.

      Sec. 4.  The secretary shall keep a record of all vital statistics, tabulate and issue semiannual bulletins and make out and file with the governor a biennial report, showing in detail, the work of the board. He shall carefully compile the reports of the various health officers of this state as hereinafter provided, keep the minutes of all meetings of the board and attend to all correspondence in carrying out the provisions of this act. He shall, when called upon by the local health officer in case of any epidemic, proceed immediately to such locality and render such assistance in his power to eradicate and prevent a recurrence of such epidemic and shall investigate any epidemic when called upon so to do by the state board of health.


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

ê1911 Statutes of Nevada, Page 393 (CHAPTER 199)ê

 

      Sec. 5.  The third member of the board shall attend all the semiannual meetings of the board, and such other meetings as may be called by the president, and consult and advise with the board whenever called upon so to do. He shall receive for each day’s attendance at a meeting of the board the sum of twenty dollars and for his necessary traveling expenses.

      Sec. 6.  The local health officer in each county shall act as a collector of vital statistics and is empowered to appoint such deputy or deputies as may be necessary with the approval of the board of county commissioners. For collecting and compiling the vital statistics of the county he shall receive from the county a sum not less than twenty-five dollars per month, and the board of county commissioners are directed to allow a claim for this or for such greater sum as they may deem proper for the work performed; the deputies appointed by the local health officer with the approval of the county commissioners, shall be paid in the same manner a sum not to exceed twenty-five dollars per month, for registering and compiling the data prescribed by the state board of health and by this act. The deputy health officers shall file with the local health officer monthly reports not later than the fifth day of each month, which said reports, shall be compiled by the local health officer and forwarded to the secretary of the state board of health, not later than the tenth day of each month. He shall file a copy of said report with the county recorder.

      Sec. 7.  The certificate of death that shall be used is of the United States standard form as approved by the bureau of the census. The personal and statistical particulars shall be authenticated by the signature of the informant, who may be any competent person acquainted with the facts. The statement of facts relating to the disposition of the body shall be signed by the undertaker or person acting as such. The medical certificate shall be signed by the physician, if any, last in attendance on the deceased, who shall specify the time in attendance, the time he last saw the deceased alive and the hour of the day at which death occurred. And he shall further state the cause of death, so as to show the course of disease or sequence of causes resulting in the death, giving first the name of the disease causing death (primary cause), and the contributory (secondary) cause, if any, and the duration of each. Indefinite and unsatisfactory terms, indicating only symptoms of disease or conditions resulting from disease, will not be held sufficient for issuing a burial or removal permit; and any certificate containing only such terms as defined by the state board of health shall be returned to the physician for correction and more definite statement. Cause of death, which may be the result of either disease or violence, shall be carefully defined; and if from violence, the means of injury shall be stated, and whether (probably) accidental, suicidal, or homicidal. And in deaths in hospitals, institutions, or of nonresidence, the physician shall furnish the information required under this head and may state where, in his opinion, the disease was contracted.

Duties of third member

 

 

 

 

Local health officer to be collector of vital statistics; salary

 

 

 

 

 

 

 

 

 

 

 

Certificate of death, regulations regarding


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

ê1911 Statutes of Nevada, Page 394 (CHAPTER 199)ê

 

 

Proceedings in cases of death without medical attendance

 

 

 

 

 

 

 

 

 

 

 

Duties of undertaker

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Burial permit, what to contain

under this head and may state where, in his opinion, the disease was contracted.

      Sec. 8.  That in case of any death occurring without medical attendance, it shall be the duty of the undertaker to notify the local health officer of such death, and refer the case to him for immediate investigation and certification prior to issuing the permit; provided, where there is no qualified physician in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts; provided, further, that if the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification. And any coroner whose duty it is to hold an inquest on the body of a deceased person, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease causing death, or if, from external causes (1) the means of death; and (2) whether (probably) accidental, suicidal or homicidal; and shall, in either ease, furnish such information as may be required by the state board of health in order to properly classify the death.

      Sec. 9.  That the undertaker, or person acting as undertaker, shall be responsible for obtaining and filing the certificate of death with the local health officer, or his deputy, in the district in which the death occurred, and for securing a burial or removal permit, prior to any disposition of the body. He shall obtain the personal and statistical particulars required from the person best qualified to supply them, over the signature and address of his informant. He shall then present the certificate to the attending physician, if any, or to the health officer, or coroner, for the medical certificate of the cause of death and other particulars necessary to complete the record, as specified in sections 7 and 8. And he shall then state the facts required relative to the date and place of burial over his signature and with his address, and present the completed certificate to the local health officer, in order to obtain a permit for burial, removal or other disposition of the body. The undertaker shall deliver the burial permit to the sexton, or person in charge of the place of burial, before interring or otherwise disposing of the body; or shall attach the transit containing the registration removal permit to the box containing the corpse when shipped by any transportation company; said permit to accompany the corpse to its destination, where if within the State of Nevada, it shall be delivered to the sexton or to any other person in charge of the place of burial.

      Sec. 10.  That if the interment or other disposition of the body is to be made within the state, the wording of the burial permit may be limited to a statement by the local health officer, and over his signature that a satisfactory certificate of death having been filed with him, as required by law, permission is granted to inter, remove or otherwise dispose of the deceased, stating the name, age, sex, cause of death, and other necessary details upon the form prescribed by the state board of health.


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

ê1911 Statutes of Nevada, Page 395 (CHAPTER 199)ê

 

deceased, stating the name, age, sex, cause of death, and other necessary details upon the form prescribed by the state board of health.

      Sec. 11.  That no sexton or person in charge of any premises in which internments are made shall inter or permit the interment or other disposition of any body unless it is accompanied by a burial, removal or transit permit, as herein provided. And each sexton, or person in charge of any burial ground, shall endorse upon the permit the date of interment, over his signature and shall return all permits so endorsed to the local health officer of his district, within ten days from the date of interment, or within the time fixed by the local health officer or by the state board of health. He shall also keep a record of all internments made in the premises under his charge, stating the name of the deceased person, place of death, date of burial, and name and address of undertaker; which record shall at all times be open to public inspection.

      Sec. 12.  That all births that occur in the state shall be immediately registered in the districts in which they occur, as hereinafter provided.

      Sec. 13.  That is shall be the duty of the attending physician or midwife to file a certificate of birth, properly and completely filled out, giving all the particulars required by this act, with the local health officer, of the district in which the birth occurred, within ten days after the date of birth. And if there be no attending physician or midwife, then it shall be the duty of the father or mother of the child, householder or owner of the premises, manager or superintendent of public or private institutions in which the birth occurred, to notify the local health officer, within ten days after the birth, of the fact that a birth has occurred. It shall then be the duty of the local health officer to secure the necessary information and signature to make a proper certificate of birth; provided, that in cities the certificate of birth shall be filed at a less interval than ten days after birth, if so required by municipal ordinance or regulations now in force or that may hereafter be enacted.

      Sec. 14.  That the certificate of birth shall contain the following items:

      (1) Place of birth, including state, county, township, or town, village or city. If in a city, the ward, street, and house number; if in a hospital or other institution, the name of the same to be given, instead of the street and house number.

      (2) Full name of the child. If the child dies without a name, before the certificate is filed, enter the words “died unnamed.” If the living child has not yet been named at the date of filing certificate of birth, the space for “full name of child” is to be left blank, to be filled out subsequently by a supplemental report, as hereinafter provided.

      (3) Sex of child.

      (4) Whether a twin, triplet, or other plural birth. A separate certificate shall be required for each child in case of plural birth, giving number of child in order of birth.

 

 

Body not interred without proper permit

 

 

 

 

 

 

 

 

 

Births to be registered

 

Duties of physician or midwife

 

 

 

 

 

 

 

 

 

 

What birth certificate must contain


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

ê1911 Statutes of Nevada, Page 396 (CHAPTER 199)ê

 

 

 

What birth certificate must contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All certificates filled in black ink

 

 

Given name of child, special blank for

 

 

 

Physicians, midwives and undertakers to register names and addresses with local health officer

rate certificate shall be required for each child in case of plural birth, giving number of child in order of birth.

      (5) Whether legitimate or illegitimate.

      (6) Full name of father, except for illegitimate children.

      7) Residence of father.

      (8) Color or race of father.

      (9) Birthplace of father; state or foreign country.

      (10) Age of father at last birthday, in years.

      (11) Occupation of father.

      (12) Maiden name of mother.

      (13) Residence of mother.

      (14) Color or race of mother.

      (15) Birthplace of mother; state or foreign country.

      (16) Age of mother at last birthday, in years.

      (17) Occupation of mother.

      (18) Number of child of this mother, and number of children of this mother now living.

      (19) Born at full term?

      (20) The certificate of attending physician or midwife as to attendance at birth, including statement of year, month, day and hour of birth, and whether the child was alive or dead at birth. This certificate shall be signed by the attending physician or midwife, with date of signature and address; if there is no physician or midwife in attendance, then the father or mother of the child, householder or owner of the premises, or manager or superintendent of public or private institution, or other competent person, whose duty it shall be to notify the local health officer of such birth, as required by section 13 of this act.

      (21) Exact date of filing in office of local health officer attested by his official signature, and registered number of birth, as hereinafter provided.

      All certificates, either of birth or death, shall be written legibly, in unfading black ink, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for herein, or satisfactorily account for their omission.

      Sec. 15.  That when any certificate of birth of a living child is presented without the statement of the given name, then the local health officer shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local health officer as soon as the child shall have been named.

      Sec. 16.  That every physician, midwife and undertaker shall, without delay, register his or her name, address and occupation with the local health officer of the district in which he or she resides, or may hereafter establish a residence; and shall thereupon be supplied by the local health officer with a copy of this act, together with such rules and regulations as may be prepared by the state board of health relative to its enforcement.


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

ê1911 Statutes of Nevada, Page 397 (CHAPTER 199)ê

 

enforcement. Within thirty days after the close of each calendar year each local health officer shall make a return to the state board of health of all physicians, midwives or undertakers who have been registered in his district during the whole or any part of the preceding calendar year; provided, that no fee or other compensation shall be charged by local health officers to physicians, midwives or undertakers for registering their names under this section or making returns thereof to the state board of health.

      Sec. 17.  That all superintendents or managers, or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, confinement, or are committed by process of law, are hereby required to make a record of all the personal and statistical particulars relative to the inmates in their institutions at the date of approval of this act, that are required in the forms of the certificates provided for by this act, as directed by the state board of health; and thereafter such record shall be, by them, made for all future inmates at the time of their admission. And in case of persons admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record, the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself if it is practicable to do so; and when they cannot be so obtained, they shall be secured in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.

      Sec. 18.  That the state board of health shall prepare, print and supply to all local health officers all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this act; and shall prepare and issue such detailed instructions as may be required to secure the uniform observance of its provisions and the maintenance of a perfect system of registration. And no other blanks shall be used than those supplied by the secretary of the state board of health. He shall carefully examine the certificates received monthly from the local health officer, and if any such are incomplete or unsatisfactory he shall require such further information to be furnished as may be necessary to make the record complete and satisfactory. And all physicians, midwives, informants or undertakers, and all other persons having knowledge of the facts, are hereby required to furnish such information as they may possess regarding any birth or death upon demand of the secretary of the state board of health, in person, by mail, or through the local health officer. He shall further arrange, bind and permanently preserve the certificates in a systematic manner, and shall prepare and maintain a comprehensive and continuous card index of all births and deaths registered; the cards to show the name of child or deceased, place and date of birth or death, number of certificate, and the volume in which it is contained.

 

 

 

 

 

 

Superintendents of hospitals, etc., to record statistics of inmates

 

 

 

 

 

 

 

 

 

 

 

State board of health to furnish blanks for complying with act

 

 

Various duties of secretary


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

ê1911 Statutes of Nevada, Page 398 (CHAPTER 199)ê

 

 

 

 

 

 

Local health officer to supply blanks

 

 

 

 

To issue burial permits

 

 

 

 

 

Birth certificates, duties regarding

 

 

 

To keep complete record

 

 

 

 

 

 

Certified copies issued, when; fee for same

of certificate, and the volume in which it is contained. He shall inform all health officers what diseases are to be considered as infectious, contagious, or communicable and dangerous to the public health, as decided by the state board of health, in order that when deaths occur from such diseases proper precautions may be taken to prevent the spreading of dangerous diseases.

      Sec. 19.  That it shall be the duty of the local health officer to supply blank forms of certificates to such persons as require them. Each local health officer shall carefully examine each certificate of birth or death when presented for record, to see that it has been made out in accordance with the provisions of this act and the instructions of the state board of health; and if any certificate of death is incomplete or unsatisfactory, it shall be his duty to call attention to the defects in the return, and to withhold issuing the burial or removal permit until they are corrected. If the certificate of death is properly executed and complete, he shall then issue a burial or removal permit to the undertaker; provided, that in case the death occurred from some disease that is held by the state board of health to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the local health officer, except under such conditions as may be prescribed by the state board of health. If a certificate of birth is incomplete, he shall immediately notify the informant, and require him to supply the missing items if they can be obtained. He shall then number consecutively the certificates of birth and death, in two separate series, beginning with the number 1 for the first birth and the first death in each calendar year, and sign his name as health officer, in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and death certificate registered by him in a record book supplied by the state board of health to be permanently preserved in his office as the local record, in such manner as directed by the state board of health. And he shall, on the tenth day of each month, transmit to the state board of health, all original certificates registered by him during the preceding month. And if no births or deaths occurred in any month, he shall, on the tenth day the following month, report that fact to the state board of health, on a card provided for this purpose.

      Sec. 20.  That the state board of health shall, upon request, furnish any applicant a certified copy of the record of any birth or death registered under provisions of this act, for the making and certification of which he shall be entitled to a fee of fifty cents, to be paid by the applicant. And any such copy of the record of a birth or death, when properly certified by the secretary of the state board of health to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made the state board of health shall be entitled to a fee of fifty cents for each hour or fractional part of an hour of time of search, to be paid by the applicant.


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

ê1911 Statutes of Nevada, Page 399 (CHAPTER 199)ê

 

to a fee of fifty cents for each hour or fractional part of an hour of time of search, to be paid by the applicant. And the state board of health shall keep a true and correct account of all fees received under these provisions.

      Sec. 21.  That any physician who was in medical attendance upon any deceased person at the time of death who shall neglect or refuse to make out and deliver to the undertaker, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death, hereinbefore provided for, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than fifty dollars. And if any physician shall knowingly make a false certification of the cause of death, in any case, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than two hundred dollars.

      And any physician or midwife in attendance upon a case of confinement, or any other person charged with responsibility for reporting births, in the order named in section 13 of this act, who shall neglect or refuse to file a proper certificate of birth with the local health officer within the time required by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than fifty dollars.

      And any undertaker, sexton, or other person acting as undertaker, who shall inter, remove, or otherwise dispose of the body of any deceased person, without having received a burial or removal permit as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty dollars nor more than one hundred dollars.

      And any local health officer, or his deputy, who shall neglect or fail to enforce the provisions of this act in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this act or by the instructions and directions of the state board of health, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars.

      And any person who shall wilfully alter any certificate of birth or death, or the copy of any certificate of birth or death, on file in the office of the local or state board of health shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned in the county jail not exceeding sixty days, or suffer both fine and imprisonment, in the discretion of the court.

      And any other person or persons who shall violate any of the provisions of this act, or who shall wilfully neglect or refuse to perform any duties imposed upon them by the provisions of this act, or shall furnish false information to a physician, undertaker, midwife, or informant, for the purpose of making incorrect certification of births or deaths, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dollars.

 

 

 

Penalty for physician failing to furnish death certificate

 

 

 

 

 

 

Same in case of childbirth

 

 

 

 

Penalty for undertaker or sexton interring body without burial certificate

 

Penalty for misfeasance of local health officer

 

 

 

General penalty for altering any certificate

 

 

 

 

General penalties


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

ê1911 Statutes of Nevada, Page 400 (CHAPTER 199)ê

 

 

 

 

Penalty for transportation companies

 

 

 

 

 

 

 

Local health officer to see that law is strictly enforced

 

 

 

 

State board to thoroughly investigate

 

 

 

 

 

 

 

 

 

Burial certificate must issue within 72 hours of death

rect certification of births or deaths, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dollars.

      And any transportation company or common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than two hundred dollars; provided, that in case the death occurred outside of the state and the body is accompanied by a burial, removal, or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such burial, removal or transit permit may be held to authorize the transportation or carriage of the body into or through the state.

      Sec. 22.  That each local health officer is hereby charged with the strict and thorough enforcement of the provisions of this act in his registration district, under the supervision and direction of the state board of health. And he shall make an immediate report to the state board of health of any violation of this law coming to his notice, by observation or upon complaint of any person or otherwise. The state board of health is hereby charged with the thorough and efficient execution of the provisions of this act in every part of the state, and with supervisory power over local health officers, to the end that all of its requirements shall be uniformly complied with. They shall have authority to investigate cases of irregularity or violation of the law, personally or by an accredited representative, and all local health officers shall aid him, upon request, in such investigations. When they shall deem it necessary, they shall report cases of violation of any of the provisions of this act to the prosecuting attorney of the county, with a statement of the facts and circumstances; and when any such case is reported to him by the state board of health, the prosecuting attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law. And upon request of the state board of health, the attorney-general shall likewise assist in the enforcement of the provisions of this act.

      Sec. 23.  That the body of any person whose death occurs in the state shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, removed from or into any registration district or be held temporarily pending a further disposition more than seventy-two hours after death, until a permit for burial or removal or other disposition thereof shall have been properly issued by the local health officer of the registration district in which the death occurred. And no such burial or removal permit shall be issued by any local health officer, until a complete and satisfactory certificate of death has been filed with him as hereinbefore provided; provided, that when a dead body is transported by a common carrier into a local health district in Nevada, for burial, then the transit and removal permit, issued in accordance with the law and health regulations of the place where the death occurred, when said death occurs outside of the State of Nevada, shall be accepted by that local health officer of the district, into which the body has been transported for burial or other disposition, as a basis upon which he shall issue a local burial permit, in the same way as if the death occurred in his district; he shall plainly enter upon the face of the burial permit the fact that it was a body shipped in for interment, and gave the actual place of death; but a burial permit shall not be required from the local health officer of the district in which interment is made, when a body is removed from one district in Nevada to another in this state, for purpose of burial or other disposition, either by common carrier, hearse, or other conveyance, and no local health officer shall require from undertakers or persons acting as undertakers any fee for the issue of burial or removal permits under this act.


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

ê1911 Statutes of Nevada, Page 401 (CHAPTER 199)ê

 

vided, that when a dead body is transported by a common carrier into a local health district in Nevada, for burial, then the transit and removal permit, issued in accordance with the law and health regulations of the place where the death occurred, when said death occurs outside of the State of Nevada, shall be accepted by that local health officer of the district, into which the body has been transported for burial or other disposition, as a basis upon which he shall issue a local burial permit, in the same way as if the death occurred in his district; he shall plainly enter upon the face of the burial permit the fact that it was a body shipped in for interment, and gave the actual place of death; but a burial permit shall not be required from the local health officer of the district in which interment is made, when a body is removed from one district in Nevada to another in this state, for purpose of burial or other disposition, either by common carrier, hearse, or other conveyance, and no local health officer shall require from undertakers or persons acting as undertakers any fee for the issue of burial or removal permits under this act.

      Sec. 24.  That still-born children or those dead at birth shall be registered as births and also as deaths, and a certificate of both the birth and death shall be filed with the local health officer, in the usual form and manner, the certificate of birth to contain in place of the name of the child, the word “still-birth.” The medical certificate of the cause of death shall be signed by the attending physician, if any, and shall state the cause of death as “still-born,” with the cause of the still-birth, if known, whether a premature birth, and, if born prematurely, the period of uterine gestation, in months if known; and a burial or removal permit in the usual form shall be required. Midwives shall not sign certificates of death for still-born children; but such cases, and still-births occurring without attendance of either physician or midwife, shall be treated as deaths without medical attendance, as provided for in section 8 of this act.

      Sec. 25.  The secretary shall receive for his services a salary of fifteen hundred dollars per year, payable in equal monthly payments, and when necessary, he shall be allowed the sum of three hundred dollars a year for a stenographer; he shall also be allowed a sum not to exceed one hundred dollars a year to provide a suitable office for the conduct of the affairs of the state board of health.

      Sec. 26.  For the purpose of carrying out the provisions of this act the sum of five thousand dollars is hereby appropriated out of any money in the general fund not otherwise appropriated, and the state controller is hereby authorized to draw his warrant on the state treasury for the amount of these claims and other necessary expenditures, when approved by the state board of health, and the state treasurer is hereby directed to pay the same.

      Sec. 27.  The state board of health is hereby declared to be supreme in all health matters and they are empowered to remove any deputy or local health officer for any violation of any of the provisions of this act.

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

Still-birth recorded as both birth and death

 

 

 

 

 

 

 

 

 

Salary of secretary, and office expenses

 

 

 

Appropriation


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

ê1911 Statutes of Nevada, Page 402 (CHAPTER 199)ê

 

State board supreme in health matters

Sections herein declared independent of each other

 

Printing

 

 

Repeal

supreme in all health matters and they are empowered to remove any deputy or local health officer for any violation of any of the provisions of this act.

      Sec. 28.  Each section of this act and every part of each section thereof is hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or part thereof.

      Sec. 29.  The state printer shall supply to the state board of health all stationery, blanks and bound books that may be required on a requisition of the secretary of said board.

      Sec. 30.  All acts or parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 200

 

 

 

 

 

 

 

Relief of Guy Guinan

 

 

 

 

Duties of controller and treasurer

Chap. 200–An act to provide for the relief of Guy Guinan.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred and fifty ($350) dollars is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, to be paid to Guy Guinan, for services as assistant clerk in the office of clerk of supreme court, for the months of January, February and the first ten days of March, during the year 1911.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of the said Guy Guinan for the amount named in this act, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 201

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspector has full power to make investigations

Chap. 201–An act to amend an act entitled “An act creating the office of inspector of mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909, by amending section 5 and by adding additional sections thereto.

 

[Approved March 27, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  Said state inspector of mines shall have full power and authority at all hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, working and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make full, thorough and complete examination of each and every part of such mine or mines, and whenever as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise) the inspector shall find the same to be in an unsafe condition, he shall at once serve or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein, and in the case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by an employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the inspector’s requirements, a certified copy served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.


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

ê1911 Statutes of Nevada, Page 403 (CHAPTER 201)ê

 

drifts, crosscuts, working and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make full, thorough and complete examination of each and every part of such mine or mines, and whenever as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise) the inspector shall find the same to be in an unsafe condition, he shall at once serve or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein, and in the case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by an employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the inspector’s requirements, a certified copy served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

      Sec. 2.  The following additional sections are added to said act to be numbered as follows:

      Section 14.  No blasting powder or any high explosive containing nitroglycerine shall be stored in any mine; provided, that nothing in this section shall be construed to prevent the operator of any mine from keeping sufficient blasting powder or other high explosive within such mine to meet the estimated requirements of such mine during the succeeding twenty-four hours; and provided further, that such temporary supply shall not be kept in any place within such mine, where its accidental discharge would cut off the escape of miners working therein. All blasting powder, or other high explosive, in excess of the temporary supply required in such mine shall be stored in a magazine not less than three hundred feet distant from any shaft, adit, habitation, public highway or public railway.

      Section 15.  Companies shall at all times furnish the miners with wooden tamping bars to be used in loading or charging holes, and any one using a steel or metal tamping bar shall be guilty of a misdemeanor, and upon conviction in a competent court shall be fined not less than five dollars nor more than fifty dollars for each and every offense.

      Section 16.  All timber removed shall. as soon as practicable, be taken from the mine and shall not be piled up and permitted to decay underground.

      Section 17.  All hoisting machinery using steam, electricity, gasoline or hydraulic motive power, for the purpose of hoisting or lowering into metalliferous mines, employees and material, shall be equipped with an indicator to be placed in plain view of engineer.

Inspector has full power to make investigations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount of powder limited to underground

 

 

 

 

 

 

 

 

Wooden tamping bars must be used

 

 

 

Dead timber must be taken away

Indicator must be used


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

ê1911 Statutes of Nevada, Page 404 (CHAPTER 201)ê

 

 

As to riding on loaded buckets

 

Shafts to have two compartments, when

 

Ladders and landings

 

 

 

 

 

 

Bulkhead or trap door near collar or shaft

 

 

 

 

 

 

 

 

 

 

 

 

 

Signboards, when

 

 

No gasoline underground

Precautions in sinking shaft

material, shall be equipped with an indicator to be placed in plain view of engineer.

      Section 18.  All persons shall be prohibited from riding upon the cage, skip or bucket loaded with tools, timber, powder or other material, except for the purpose of assisting in passing same through shaft or incline, and then only on special signal.

      Section 19.  All shafts shall be equipped with ladders, and shafts more than 200 feet in depth inclined more than 45 degrees from the horizontal equipped with hoisting machinery shall be divided into at least two compartments; one compartment to be partitioned off and set aside for a ladderway. The ladders shall be sufficiently strong for the purpose demanded and landings shall be constructed not more than thirty feet apart; said landing to be closely covered except an opening large enough to permit the passage of a man. A landing shall be constructed in manway ay all working levels.

      Ladders in upraises and winzes shall be provided and kept in repair, but where winzes or raises connecting levels are used only for ventilation and exit, only one such on each level need be equipped.

      Section 20.  In every mine within this state, if more than 200 feet in depth, where a single shaft affords the only means of egress to persons employed underground and the ladderway compartment is covered by a nonfireproof building, it shall be the duty of the operator of said mine to cause said ladderway to be securely bulkheaded or a trap door placed over same at a point at least twenty-five feet below the collar of a shaft, and if a trap door is used, it must be kept closed or so arranged that it can be closed or so arranged that it can be closed from a point outside of the building by the releasing of a rope, and below this bulkhead or trap door, if the shaft is situated upon a side hill, a drift shall be driven to the surface, and if the shaft containing said ladderway may be otherwise situated, this drift shall be driven on a level to a safe distance, but in no case less than thirty feet beyond the walls of the building covering the main shaft and from such a point a raise shall be made to the surface. The said raise shall be equipped with a ladderway and it, together with the drift connecting with the main shaft, shall be kept in good repair and shall afford an easy exit in the event of fire.

      Section 21.  Whenever the exit or outlet from a mine is not in a direct or continuous course signboards plainly marked showing the direction to be taken must be placed at each departure from the continuous course.

      Section 22.  Use of gasoline underground is forbidden.

      Section 23.  Employees engaged in sinking shaft or incline shall at all times be provided with chain or other kind of ladder so arranged as to insure safe means of exit.

      Section 24.  At all shaft stations a guard rail or rails shall be provided and kept in place across the shaft, in front of the level, so arranged that it will prevent persons from walking, falling or pushing a car or other conveyance into the shaft.


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

ê1911 Statutes of Nevada, Page 405 (CHAPTER 201)ê

 

be provided and kept in place across the shaft, in front of the level, so arranged that it will prevent persons from walking, falling or pushing a car or other conveyance into the shaft.

      All winzes and all mill holes shall be covered or surrounded with guard rails to prevent persons from stepping or falling into the same.

      Section 25.  The cage or cages in all shafts over 350 feet in depth shall be provided with sheet-iron or steel casing, not less than 1/8 inch thick, or with a netting composed of wire not less than 1/8 inch in diameter and with doors made of the same material as the side casing, either hung on hinges or working in slides. These doors shall extend at least four feet above the bottom of the cage and must be closed when lowering or hoisting men, except timbermen riding on the cage to attend to timbers that are being lowered or hoisted; provided, that when such cage is used for sinking only, it need not be equipped with such doors as are hereinbefore provided for. Every cage must have overhead bars of such arrangement as to give every man on the cage an easy and secure handhold.

      Section 26.  A pillar of ground shall be left standing on each side of the shaft of sufficient dimensions to protect and secure the same, and in no case shall stoping be permitted up to or within such close proximity to the shaft as to render the same insecure, until such time as the shaft is to be abandoned and the pillar withdrawn.

      Section 27.  It shall be unlawful for the operator of any mine within this state to erect any structure over the shaft of any mine, except head frames necessary for hoisting from such shaft or outlet, and the hatch or door necessary for closing such shaft or outlet; provided, however, it shall be lawful to erect a housing of noninflammable and fireproof material over such shaft or adit to protect the men working at such point. In the case of existing houses covering the mouths of shafts or adits, it shall be the duty of the superintendent of the mine to cause the immediate removal of all inflammable material stored therein and it shall be the further duty of such superintendent to prohibit the storage of any inflammable material thirty feet from the exterior walls of any housing hereinafter built.

      Section 28.  It shall be the duty of every operator to provide every tunnel or adit level, the mouth of which is covered by a house or building of any kind, with a door near the mouth of the same, that can be closed from the outside of the building by a pull wire or cable in the event of fire; inside of door a raise shall be run to connect with surface, thus affording a means of exit in case of fire.

      Section 29.  It shall be unlawful to use in any mine, any rope or cable for hoisting or lowering either men or material when such hoisting or lowering is done by any means other than human or animal power, unless such rope or cable shall be composed of iron or steel wires, with a factor of safety determined as hereinafter set forth; provided, that such iron or steel wires may be laid around a hemp center.

Guard rails at stations and winzes

 

 

 

Cages to be encased, and have other safety appliances

 

 

 

 

 

 

 

Shaft protected

 

Close stoping prohibited

Shaft houses, provisions regarding

 

 

 

 

 

 

 

 

Buildings at mouths of tunnels

 

 

 

Hoisting ropes must be of iron or steel


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

ê1911 Statutes of Nevada, Page 406 (CHAPTER 201)ê

 

 

 

Factor of safety established

 

 

 

Further regulations regarding hoisting ropes

 

 

 

Boilers must be regularly examined

 

 

 

 

Hoisting prohibited during repairs

 

Wages not paid in liquor houses

Proper ventilation must be maintained

 

 

 

Solitary employment regulated

Engineer must be employed

Riding on cable or bail unlawful

Notice of maximum number on cage must be posted

Overloading cage punished

be composed of iron or steel wires, with a factor of safety determined as hereinafter set forth; provided, that such iron or steel wires may be laid around a hemp center.

      The factor of safety of all ropes or cables shall in no case be less than five, and shall be calculated by dividing the breaking strength of the rope as given in the manufacturer’s published tables, by the sum of the maximum load to be hoisted, plus the total weight of the rope in the shaft when fully let out, plus 10 per cent of such values, to take account of shock at starting and stopping.

      Section 30.  It shall be unlawful to use any rope or cable for the raising or lowering of men, either when the number of breaks in any running foot of said rope exceeds 10 per cent of the total number of wires composing the rope, or when the wires on the crown of the strands were worn down to less than one-half their original diameter, or when it shows marked signs of corrosion.

      Section 31.  All boilers used for generating steam in and about mines shall be kept in good order and the owner, operator or superintendent shall have them examined and inspected by a qualified person as often as once in six months, and oftener if the inspector or his deputy shall deem it necessary. The result of such examination shall be certified in writing to the inspector within thirty (30) days thereafter.

      Section 33.  No hoisting shall be done in any compartment of a shaft while repairs are being made in that compartment, excepting such hoisting as is necessary in order to make such repairs.

      Section 34.  Wages shall not be paid on any premises used for the sale of intoxicating liquors.

      Section 35.  The operator of every mine, whether operated by shaft, stope or drift, shall provide and maintain for every such mine a good and sufficient amount of ventilation for such men and animals as may be employed therein and shall cause an adequate amount of pure air to circulate through and into all shafts, winzes, levels and all working places of such mine.

      Section 36.  That no man be allowed to work in a stope at such a distance from another that his cries, in case of need, cannot be heard.

      Section 37.  That at all times when men are in a mine, worked through a shaft, equipped with hoisting machinery, an engineer shall be kept on duty to answer signals.

      Section 38.  It shall be unlawful for any person to ride upon the bail or cable of a hoisting bucket, cage or skip.

      Section 39.  Notice of the maximum number of men permitted to ride upon or in the cage, skip or bucket, at one time, shall be posted at the collar of the shaft and each level. All men or employees riding upon or in an overloaded cage, skip or bucket as provided in notice so posted, shall be guilty of a misdemeanor, and upon conviction in a competent court, shall be fined not less than five dollars nor more than fifty dollars for each and every offense.


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

ê1911 Statutes of Nevada, Page 407 (CHAPTER 201)ê

 

shall be fined not less than five dollars nor more than fifty dollars for each and every offense.

      Section 40.  At all mines where hoisting apparatus is used in the State of Nevada, the following code of bell signals shall hereafter be adopted and used:

 

      1 Bell-Hoist; 1 Bell-Stop (if in motion).

      2 Bells-Lower.

      3 Bells-Men on, run slow.

      When men are to be hoisted or lowered, give the signal for “men on, run slow” (3 bells). Men must then get on cage or bucket, then give the signal to hoist or lower (1 or 2 bells).

      4 Bells-Blasting signal; engineer must answer by raising bucket a few feet and letting it back slowly; then 1 bell-hoist men away from blast.

      9 Bells-Danger signal (in case of fire or other danger) then ring number of station where danger exists; engineer must slow up when passing stations when men are on the cage.

 

Station Bells

2 Bells,

Pause,

1 Bell,

Station No. 1

2 Bells,

Pause,

2 Bells,

Station No. 2

2 Bells,

Pause,

3 Bells,

Station No. 3

2 Bells,

Pause,

4 Bells,

Station No. 4

2 Bells,

Pause,

5 Bells,

Station No. 5

3 Bells,

Pause,

2 Bells,

Station No. 6

3 Bells,

Pause,

3 Bells,

Station No. 7

3 Bells,

Pause,

4 Bells,

Station No. 8

3 Bells,

Pause,

5 Bells,

Station No. 9

4 Bells,

Pause,

1 Bell,

Station No. 10

4 Bells,

Pause,

2 Bells,

Station No. 11

4 Bells,

Pause,

3 Bells,

Station No. 12

4 Bells,

Pause,

4 Bells,

Station No. 13

4 Bells,

Pause,

5 Bells,

Station No. 14

5 Bells,

Pause,

1 Bell,

Station No. 15

 

      Where electric bells are used in connection with other bells:

      If cage is wanted, ring station signal. Station tender will answer 1 Bell.

      Reply 1 Bell to go up.

      Reply 2 Bells to go below.

      If station is full of ore and station tender is wanted, ring station signal and do not answer back.

      2-1-2 Bells are rung, engineer or station tender does not understand, repeat signal.

      In case of danger or accident, ring station signal, station tender will reply 1 Bell; ring 9 Bells.

 

      Signals not in conflict with the above code may be used to meet local conditions, but the same must be posted in connection with the above code.

      One copy of this code should be posted on the gallows frame, one before the engineer and one at each station.

 

 

Official code of bell signals

 

 

 

 

 

 

 

 

 

 

 

 

 

Code of signals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional signals not conflicting may be used

Code to be posted


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

ê1911 Statutes of Nevada, Page 408 (CHAPTER 201)ê

 

Smoke helmets to be maintained

 

 

 

Penalties for noncompliance with this act

 

 

 

 

 

 

Repeal

      Section 41.  At every mine in this state employing forty or more men underground, there shall be kept on hand at all times in good working condition at least two smoke helmets of a design to be approved by the state mining inspector, and which helmets shall at all times be subject to his inspection. For every additional fifty men so employed an additional smoke helmet shall be provided.

      Section 42.  Any owner, agent, manager or lessee, whether individual partnership or corporation operating a mine in this state who fails to comply with the provisions herein set forth, or either or any thereof, shall be deemed guilty of a misdemeanor and when not otherwise provided shall be liable to a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period of not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment. For each provision not complied with and each day after conviction of failure to comply with any provision thereof shall be deemed a separate offense and punished accordingly.

      Section 43.  All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed.

 

________

 

CHAPTER 202

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mining companies to file statements with secretary of state

Chap. 202–An act to amend an act entitled “An act requiring certain mining corporations to file statements with the county recorders and attorney-general, and to mail copies thereof to stockholders; regulating the issuance and sale of certain treasury and promotion stock and defining the same for the purposes of this act; declaring certain acts to be unlawful; providing penalties for the violation thereof, and other matters relating thereto,” approved March 5, 1909.

 

[Approved March 27, 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 as to read as follows:

      Section 1.  Every corporation owning, claiming, holding, leasing or engaged in the business of working or developing any mining claim or mining property, or interest therein, in the State of Nevada, and selling or offering for sale, either directly or indirectly, any of its shares or capital stock shall, within sixty days after the expiration of the first six months of its existence as a corporation, and annually thereafter within sixty days after the first day of the month provided by its by-laws for its annual meeting of stockholders, file in the office of the county recorder of each county wherein such mining property is situated, and in the office of the attorney-general of this state, a statement duly subscribed and sworn to before a notary public (or other officer authorized by law to administer oaths), by its president or vice-president and its secretary, if it is a domestic corporation, and also by its resident agent, if a foreign corporation; provided, however, that the failure of the by-laws of any such corporation to provide a date for the annual meeting of the stockholders thereof shall not excuse said corporation from filing such a statement once during each calendar year.


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

ê1911 Statutes of Nevada, Page 409 (CHAPTER 202)ê

 

property is situated, and in the office of the attorney-general of this state, a statement duly subscribed and sworn to before a notary public (or other officer authorized by law to administer oaths), by its president or vice-president and its secretary, if it is a domestic corporation, and also by its resident agent, if a foreign corporation; provided, however, that the failure of the by-laws of any such corporation to provide a date for the annual meeting of the stockholders thereof shall not excuse said corporation from filing such a statement once during each calendar year. Said statement shall cover the period of time between that embraced in the previous statement filed in accordance herewith and the first day of the month in which said annual meeting is to be held, or in the event that such statement is the first statement to be filed by any corporation in conformity with this act, such statement shall cover the first six months of the existence of such corporation. Said statement shall contain the following facts and information:

      (a) The name of each mining claim and the total number of such claims or fractions thereof owned or leased, and the number thereof being worked and developed, also the county and mining district (if there be one) wherein said claims are located, and the nearest postoffice and the distance therefrom, as near as can be ascertained.

      (b) The nature of the title thereof, or interest therein, whether leasehold or otherwise, also the date each claim or interest therein was purchased, leased or otherwise acquired by such corporation.

      (c) The character, value and a general description of all buildings, works, machinery and other improvements on each unpatented claim, and the character, value and a general description of all buildings, works, machinery and other improvements being actually used or operated by such corporation on its patented ground, taken as a whole; provided, however, that where several unpatented claims belonging to such corporation are contiguous and are being developed as a group said statement may state the character, value and a general description of all buildings, works, machinery and other improvements on said entire group of unpatented claims.

      (d) The total amount and a description of the development work done upon each unpatented claim, if any, and upon the entire patented property, if any, since the work reported in the last statement filed as herein provided, or during the first six months of the existence of said corporation, if the statement be the first one filed in accordance with the provisions of this act, and the total sum of money or other valuable consideration, given or paid out therefor; provided, however, that where several unpatented mining claims belonging to such corporation are contiguous, and the development work thereon has been done on one or more the said claims for the benefit of the entire group, said statement may state the amount and description of the work done for the entire group, and the total sum of money, or other valuable consideration, given or paid out therefor.

What statement shall contain


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ê1911 Statutes of Nevada, Page 410 (CHAPTER 202)ê

 

What statement shall contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit to statement

sum of money, or other valuable consideration, given or paid out therefor.

      (e) The total number of shares such corporation is by law authorized to issue and the different classes and par value thereof.

      (f) The total number of shares of stock originally set aside by such corporation, if any, in its treasury or otherwise to sell or otherwise dispose of for the purpose of working, developing or otherwise improving any patented or unpatented mining claim, or claims, owned or leased or being worked or developed by such corporation and the total amount of money realized from the sale of any portion thereof since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed by said corporation in accordance herewith.

      (g) The total number of shares of treasury stock sold, and the total sum of money or other consideration received therefor since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed in accordance herewith, and the number of shares of treasury stock remaining unsold.

      (h) The amount of money, if any, actually paid by such corporation to each of its officers, superintendents, or to other persons, exclusive of persons included in subdivisions of this section, as salary or compensation for services rendered such corporation, stating the nature of such services; also, the respective amounts, if any, expended for advertising and as commissions for sales of stock, since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first filed in accordance herewith.

      (i) The total value of the ore produced from the property of such company since the production reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed by such corporation in accordance herewith.

      The affidavit required by this section shall state in substance as follows:

      That affiant is the president (or other officer of such corporation, or other person required to make affidavit) and has read the foregoing statement, and knows the contents thereof; that the same is true and correct to the best of his knowledge and belief.

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


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ê1911 Statutes of Nevada, Page 411 (CHAPTER 202)ê

 

      Section 5.  All stocks or shares of every mining corporation doing business in this state that have been, or shall be specifically set aside to sell for money or other valuable consideration, and the proceeds of which are to be used for the actual development of the mineral resources of any mining claim, or claims, or for the purpose of making necessary or useful improvements thereon, or for the purpose of maintaining such corporation, or preserving or enhancing its assets, are hereby deemed and declared to be treasury stock, and all other stock of such corporation is hereby deemed and declared to be promotion stock, within the meaning of this act.

Treasury stock and promotion stock defined

 

________

 

CHAPTER 203

Chap. 203–An act to provide a temporary structure for the preservation and exhibition of the library, manuscripts, museum and collections of the Nevada Historical Society.

 

[Approved March 28, 1911]

 

      Whereas, The Nevada Historical Society, a state institution, has already on hand, and is rapidly accumulating books, pamphlets, periodicals, newspapers, manuscripts, pictures, mineral specimens, pioneer, Indian and other curios, for which its present quarters are wholly inadequate; and

      Whereas, No suitable place for the housing of these priceless materials is available; and

      Whereas, Many valuable historical materials are being held from the society until better quarters shall be procured; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five thousand dollars is hereby appropriated out of any moneys of the general fund in the state treasury, not otherwise appropriated, to be expended under the direction and according to the best judgment of the executive council of the Nevada Historical Society in the leasing or purchase of a site in the city of Reno or in Carson City, if a suitable one is not donated, to erect and equip an iron structure as a temporary library and museum for the preservation and display of the books, manuscripts, relics, curios and material held by the society in trust for the state, and to pay for all plans, advertising and supervision connected with the erection of building or structure. No more than two thousand dollars shall be paid for the site, if a suitable one is not donated, and any lease or deed of any land donated or purchased shall be taken in the name of the State of Nevada and held in trust by the society, under the control of the executive council thereof, for the state.

      Sec. 2.  The executive council shall advertise for bids for the construction of the building, in such manner and form as it may deem proper, in some daily newspaper published in this state, for a period of at least thirty days prior to receiving bids, and may reject any and all bids and readvertise in the same manner.

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation for building

 

 

To be either in Reno or Carson City

 

 

 

 

 

 

Bids to be advertised for


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ê1911 Statutes of Nevada, Page 412 (CHAPTER 203)ê

 

 

 

 

Claims, how paid

it may deem proper, in some daily newspaper published in this state, for a period of at least thirty days prior to receiving bids, and may reject any and all bids and readvertise in the same manner.

      Sec. 3.  All claims or demands for the construction or equipment of, or against said building, shall be subject to the approval of said executive council and the board of examiners, and shall be audited and paid as other claims against the state.

 

________

 

CHAPTER 204

 

 

 

 

 

 

 

 

 

 

 

 

Train crew of four, when

 

 

 

 

 

Train crew of five, when

 

 

 

 

Penalty for noncompliance

Chap. 204–An act to amend an act entitled “An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provision thereof,” approved February 21, 1911.

 

[Approved March 28, 1911]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  It shall be unlawful for any railroad company or receiver of any railroad company, doing business in the State of Nevada, to run over its road or part of its road outside the yard limits, any passenger train consisting of two cars or less, exclusive of engine and tenders, with less than a crew consisting of four persons, one engineer, one fireman, one conductor and one brakeman, who will act in the capacity of flagman.

      Sec. 2.  Section two of the said act is hereby amended so as to read as follows:

      Section 2.  It shall be unlawful for any railroad company, or receiver of any railroad company, doing business in the State of Nevada, to run over its road or part of its road outside of the yard limits, any passenger train consisting of three cars or more, exclusive of engine and tenders, with less than a crew consisting of five persons, one engineer, one fireman, one conductor, one brakeman, and one flagman.

      Sec. 3.  Section three of the said act is hereby amended so as to read as follows:

      Section 3.  Any railroad company or receiver of any railroad company doing business in the State of Nevada, which shall violate any of the provisions of this act shall be liable to the State of Nevada for a penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for each offense; and such penalty shall be recovered and suit brought in the name of the State of Nevada in a court of proper jurisdiction in any county in or through which such line of railroad may run, by the attorney-general, or under his direction, or by the district attorney in any county through which such lines of railroad may be operated.


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ê1911 Statutes of Nevada, Page 413 (CHAPTER 204)ê

 

tion, or by the district attorney in any county through which such lines of railroad may be operated.

      Sec. 4.  Section four of said act is hereby amended so as to read as follows:

      Section 4.  The provisions of this act shall not apply to or include any railroad company, or receiver or manager thereof, or any line of railroad in this state less than ninety-five miles in length.

      Sec. 5.  Section five of the said act is hereby amended so as to read as follows:

      Section 5.  This act shall not be deemed to be in conflict with, or to repeal, but supplementary to “An act to promote the public safety by requiring common carrier railroads to provide adequate train crews and defining such crews.”

 

 

 

Applies to railroads longer than 95 miles

 

 

Supplementary to original act

 

________

 

CHAPTER 205

Chap. 205–An act to repeal certain obsolete acts and to specifically repeal certain acts heretofore repealed by implication.

 

[Approved March 17, 1911]

 

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

Assembly, do enact as follows:

 

      Section 1.

An act to regulate official oaths, approved October 30, 1861;

An act relative to bills of exchange and promissory notes, approved October 31, 1861;

An act concerning judgments of the probate court of Carson County, approved October 31, 1861;

An act to exempt the homestead and other property from forced sale in certain cases, approved November 13, 1861;

An act relating to wild game and fish, approved November 21, 1861;

An act concerning coroners, approved November 28, 1861;

An act relative to district attorneys, approved November 28, 1861;

An act to provide for the assessing and collecting county and territorial revenue, approved November 29, 1861;

An act to provide revenue for the support of the government of the United States, approved November 29, 1861;

An act to regulate fees and costs, approved November 29, 1861;

An act to provide for taking the census, and apportioning the representation of the legislative assembly of the Territory of Nevada, approved November 29, 1861;

An act fixing the time of the meeting of the legislative assembly of the Territory of Nevada, approved November 29, 1861;

An act creating the office, and defining the duties of territorial treasurer, approved November 29, 1861;

An act to provide for the filling of vacancies in office, approved November 29, 1861;

 

 

 

 

 

 

 

 

 

 

Repealing certain obsolete acts


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

ê1911 Statutes of Nevada, Page 414 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act creating the office, and defining the duties of territorial auditor, approved November 29, 1861;

An act to increase representation of the legislative assembly of the Territory of Nevada, approved November 29, 1861;

An act defining the judicial districts, fixing the terms of the supreme and district courts of the territory, locating the county-seats of the several counties of the territory, and providing for transfer and trial of actions, approved November 29, 1861;

An act to provide a seal for the Territory of Nevada, approved November 29, 1861;

An act in relation to holding terms of probate courts, approved November 29, 1861;

An act to fix the salary of the territorial superintendent of public instruction, approved November 29, 1861;

An act to authorize the secretary of the territory to receive compensation for certain duties pertaining to his office, approved November 29, 1861;

Joint resolution, establishing an enacting clause for all future acts of the legislative assembly of the Territory of Nevada, approved November 5, 1861;

An act supplemental to and amendatory of “An act relating to elections, and the mode of supplying vacancies,” passed at the first session of the legislative assembly of the Territory of Nevada, approved November 29, 1861;

An act to amend and supplemental to an act entitled an act to amend and supplemental to an act to provide for the assessing and collecting county and territorial revenue, passed at the second session of the legislative assembly, approved December 10, 1862;

An act to provide for the obtainment, preservation, and distribution of vaccine matter, approved December 12, 1862;

An act to change the time of meeting of the legislative assembly of the territory, approved December 12, 1862;

An act fixing the time for acts and joint resolutions to take effect, approved December 17, 1862;

An act prescribing the manner of applying for pardons, approved December 17, 1862;

An act to amend an act entitled an act in relation to the militia of the Territory of Nevada, approved November twenty-eighth, eighteen hundred and sixty-one, approved December 19, 1862;

An act supplementary to and amendatory of an act entitled an act to provide increased compensation to the governor, justices of the supreme court, and other officers, in the Territory of Nevada, approved December 19, 1862;

An act amendatory and supplemental to an act entitled an act to provide for the assessing and collecting of the county and territorial revenue, approved November twenty-ninth, eighteen hundred and sixty-one, approved November 19, 1862;


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

ê1911 Statutes of Nevada, Page 415 (CHAPTER 205)ê

 

An act to provide for the election of probate judges and prosecuting attorneys, and defining their duties, approved December 19, 1862;

An act authorizing clerks of district courts to appoint deputies, approved December 19, 1862;

An act to provide increased compensation to the justices of the supreme court, and other officers, in the Territory of Nevada, approved December 19, 1862;

An act to consolidate the offices of sheriff and collector in certain counties, approved December 19, 1862;

An act to provide for the preservation of files of the various newspapers published in the Territory of Nevada, approved December 19, 1862;

An act in relation to bills of exchange and other negotiable instruments, approved December 18, 1862;

An act extending the jurisdiction of the probate courts of this territory, approved December 19, 1862;

An act authorizing the county commissioners of the several counties to cause the county lines to be established, approved December 19, 1862;

An act to create a cash contingent fund in certain counties, approved December 19, 1862;

An act to amend an act entitled an act to regulate the settlement of the estates of deceased persons, approved November twenty-ninth, eighteen hundred and sixty-one, approved December 19, 1862;

An act to amend an act entitled an act establishing a common school system for the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one, approved December 20, 1862;

An act to provide for the appointment of clerks in the territorial auditor and treasurer departments, and to provide for the payment of contingent expenses of such offices, approved December 20, 1862;

An act appointing a board of commissioners to have charge of the territorial prison, approved December 20, 1862;

An act supplementary to and amendatory of an act to provide for the election of probate judges and prosecuting attorneys and defining their duties, passed at the second session of the legislative assembly of the territory of Nevada, approved December 20, 1862;

An act to amend and supplemental to an act to provide for the assessing and collecting county and territorial revenue, approved December 20, 1862;

An act to prevent extortion in office, and to enforce official duty, approved December 20, 1862;

An act to amend an act entitled an act to provide for the appointment of notaries public, approved December 20, 1862;

Repealing certain obsolete acts


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

ê1911 Statutes of Nevada, Page 416 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act amendatory of an act entitled an act defining the judicial districts, fixing the terms of the supreme and district courts of the territory, locating the county-seats of the several counties of the territory, and providing for the transfer and trial of actions, approved November twenty-ninth, eighteen hundred and sixty-one, approved December 22, 1862;

An act amendatory to an act entitled an act to regulate fees and costs, approved November twenty-ninth, eighteen hundred and sixty-one, approved December 23, 1862;

An act amendatory and supplemental to an act entitled an act to amend and supplemental to an act to provide for the assessing and collecting county and territorial revenue, approved February 20, 1864;

An act defining the first judicial district, defining the terms of court therein, and assigning the Hon. J. W. North thereto, approved January 27, 1864;

An act to provide for a territorial prison , approved February 20, 1864;

An act to amend an act entitled “An act to amend an act entitled an act establishing a common school system for the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one,” approved December 20, 1862, approved February 16, 1864;

An act to allow appeals in cases of forcible entry and unlawful detainer, approved February 20, 1864;

An act in relation to probate judges in certain counties of the territory, approved February 18, 1864;

An act amendatory of and supplemental to “An act establishing a common school system for the Territory of Nevada,” approved November 29, 1861, approved February 18, 1864;

An act amendatory of an act entitled “An act extending the jurisdiction of the probate courts of this territory,” approved February 16, 1864;

An act to provide increased compensation to the territorial auditor, approved February 20, 1864;

An act to provide increased compensation to the governor of the Territory of Nevada, approved February 16, 1864;

An act to amend an act entitled “An act creating board of county commissioners, and defining their duties, approved February 20, 1864;

An act amendatory of an act to amend an act entitled “An act establishing a common school system for the Territory of Nevada, approved November 29, 1861,” approved December 20, 1862, approved February 18, 1864;

An act to exempt firemen from militia service and jury duty, approved February 20, 1864;

An act to amend an act entitled “An act relating to wild game and fish,” approved November 21, 1861, approved February 20, 1864;


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ê1911 Statutes of Nevada, Page 417 (CHAPTER 205)ê

 

An act amendatory of “An act to amend an act in relation to the militia of the Territory of Nevada,” approved November 28, 1861, approved February 20, 1864;

An act amendatory of “An act defining the judicial districts, fixing the terms of the supreme and district courts of the territory, locating the county-seats of the several counties of the territory, and providing for the transfer and trial of actions,” approved November 29, 1861, approved February 16, 1864;

An act amendatory of an act entitled “An act to provide for the election of probate judges and prosecuting attorneys, and defining their duties,” approved December 19, 1862, approved February 20, 1864;

A bill for an act to attach Roop County to Washoe County, for judicial, legislative and revenue purposes, approved February 18, 1864;

An act to provide for the election of delegates to congress, approved February 20, 1864;

An act amendatory of, and supplementary to, an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November 29, 1861, approved January 4, 1865;

An act to create the office of state printer, define the duties and compensation thereof, and provide for the time and manner of election, approved January 10, 1865;

An act in relation to the compensation of members of the legislature and state officers, approved January 16, 1865;

An act to provide for the payment of the salaries of the judges of the supreme court of the State of Nevada, approved January 17, 1865;

An act to tax and regulate foreign insurance companies doing business in this state, became a new law January 24, 1865;

An act establishing the terms of court, and the manner of transacting business therein, by the judges of the first judicial district, approved February 6, 1865;

An act to authorize the survey, and to establish the western boundary line of the State of Nevada, approved February 7, 1865;

An act supplementary to an act of the legislature of the State of Nevada passed at the first session entitled “An act to tax and regulate foreign insurance companies doing business in this state,” approved February 9, 1865;

An act fixing the terms of the courts of justice of the State of Nevada, approved February 13, 1865;

An act to create a secret service fund, approved February 21, 1865;

An act to amend an act of the legislative assembly of the Territory of Nevada, entitled “An act to amend an act to regulate proceedings in the courts of justice in this territory,” approved February twentieth, one thousand eight hundred and sixty-four, approved March 3, 1865;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 418 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to amend an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 4, 1865;

An act to amend section two hundred and nineteen of an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 6, 1865;

An act in relation to the collection of taxes now delinquent, approved March 8, 1865;

An act concerning trade marks and names, approved March 8, 1865;

An act to amend an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 8, 1865;

An act to authorize the state treasurer to employ a clerk, and fixing his compensation, approved March 9, 1865;

An act to amend an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 9, 1865;

An act to provide for the formation of corporations for certain purposes, approved March 10, 1865;

An act providing offices for certain state officers, approved March 10, 1865;

An act for the relief of insolvent debtors and protection of creditors, approved March 10, 1865;

An act to amend an act to authorize the survey and to establish the western boundary line of the State of Nevada, approved February seventh, one thousand eight hundred and sixty-five, approved March 10, 1865;

An act to encourage enlistments, and provide bounties and extra pay for our volunteer soldiers called into the service of the United States, became a law March 11, 1865;

An act to amend an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 11, 1865;

An act supplemental to an act to provide for the government of the state prison, approved March fourth, one thousand eight hundred and sixty-five and to repeal certain acts in relation thereto, approved March 14, 1865;

An act to carry out the provisions of section sixteen of article six of the state constitution, approved March 15, 1865;


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ê1911 Statutes of Nevada, Page 419 (CHAPTER 205)ê

 

An act to extend the provisions of an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, to corporations created prior to that time; and to confirm proceedings taken for the purpose of disincorporating corporations, and for the purpose of increasing the capital stock of corporations, approved January 16, 1866;

An act to amend an act entitled “An act to create the office of the state printer, define the duties and compensation thereof, and to provide for the time and manner of elections,” approved January 10, 1865, approved January 26, 1866;

An act prescribing the rules and regulations for the execution of the trust arising under the act of congress, entitled “An act for the relief of citizens of towns upon lands of the United States, under certain circumstances,” approved May 23, 1844, approved January 31, 1866;

An act to amend section one of an act to amend an act passed by the legislative assembly of the Territory of Nevada, entitled “An act to provide for the appointment of notaries and defining their duties, approved February 9, 1864,” approved March 20, 1865, approved February 9, 1866;

An act supplementary to an act entitled “An act to regulate fees and compensation for official and other services in the State of Nevada,” approved March 9, 1865, approved February 15, 1866;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved February 24, 1866;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, approved February 24, 1866;

An act to amend an act entitled “An act to provide for the payment of the salaries of the judges of the supreme court of the State of Nevada,” approved February 27, 1866;

An act in relation to the payment of salaries and other claims against the state, approved February 27, 1866;

An act for the apportionment of senators and assemblymen in the different counties of the state, approved February 27, 1866;

An act to redistrict the State of Nevada into judicial districts, and to fix the salaries of judges and the terms of court therein, approved February 27, 1866;

An act appointing a commissioner to prepare and report to the legislature, at its next regular session, for its adoption, a civil practice act, approved March 1, 1866;

An act to amend an act relating to wild game and fish, approved November 21, 1861, approved November 20, 1864, approved March 1, 1866;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 420 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act concerning the salary of deputy secretary of state, approved March 1, 1866;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, approved March 1, 1866;

An act to further amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 1, 1866;

An act to revise an act entitled “An act to amend section two hundred and nineteen of an act entitled an act to regulate proceedings in civil cases in the courts of justice in the Territory of Nevada,” approved November 29, 1861, approved March 6, 1865; and to amend section two hundred and forty-three of an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November 29, 1861, approved March 3, 1866;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, approved March 3, 1866;

An act in regard to currency, approved March 3, 1866;

An act to provide for the condemnation of real estate and other property required for mining purposes, approved March 3, 1866;

An act in relation to the salary of the governor, and lieutenant-governor, as ex officio warden of the state prison, approved March 3, 1866;

An act to provide for the reduction of the number of district judges in the first judicial district of the State of Nevada, and for other purposes, approved March 9, 1866;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, as amended by an act approved March 1, 1866, approved February 1, 1867;

An act to amend section twenty-four of an act to amend an act entitled “An act to regulate proceedings in the courts of justice in this territory,” approved February twentieth, one thousand eight hundred and sixty-four, approved February 23, 1867;

An act to amend an act entitled “An act for the relief of insolvent debtors, and protection of creditors,” approved March tenth, eighteen hundred and sixty-five, approved March 2, 1867;

An act to amend and act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March 2, 1867;

An act to amend an act entitled “An act in relation to the distribution of the reports of the supreme court of the State of Nevada,” approved March 1, 1866, approved March 5, 1867;


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ê1911 Statutes of Nevada, Page 421 (CHAPTER 205)ê

 

An act to amend an act entitled “An act to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada,” approved November twenty-ninth, one thousand eight hundred and sixty-one, approved March 5, 1867;

An act authorizing the secretary of state to employ a clerk in the state library and adjutant-general’s office, approved March 11, 1867;

An act amendatory of an act entitled “An act in relation to the payment of salaries and other claims against the state,” approved February 27, 1866, approved March 11, 1867;

An act to amend section fifty-two of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November twenty-ninth, A.D. eighteen hundred and sixty-one, approved March 11, 1867;

An act concerning the fees of the justices of the peace, approved March 11, 1867;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five, approved March 11, 1867;

An act to amend section fifty-eight of an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five, approved March 12, 1867;

An act amendatory of an act entitled “An act relating to the support of the poor,” approved November 29, 1861, approved March 13, 1867;

An act to amend an act entitled “An act to amend an act entitled to regulate proceedings in civil cases in the courts of justice of the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one,” approved March 13, 1867;

An act to further prescribe rules and regulations for the execution of the trusts arising under the act of congress, approved May 23, 1844, entitled “An act for the relief of citizens of towns upon lands of the United States under certain circumstances,” approved March 13, 1867;

An act to amend an act entitled “An act to amend section one of and act to amend an act, passed by the legislative assembly of the Territory of Nevada, entitled an act to provide for the appointment of notaries and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, approved March twentieth, one thousand eight hundred and sixty-five,” approved February ninth, one thousand eight hundred and sixty-six, approved March 13, 1867;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 422 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to provide for fostering and supporting the Nevada orphan asylum, a duly incorporated benevolent institution, located at Virginia City, approved March 19, 1867;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, as amended by an act entitled “An act to amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March 9, 1865,” approved February 24, 1866, approved April 2, 1867;

An act supplementary to an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, and the acts amendatory thereof; and providing for levying and collecting revenue for county purposes, and further prescribing the powers and duties of the boards of county commissioners of the several counties of this state relative thereto, approved April 2, 1867;

An act amendatory of and supplementary to an act entitled “An act prescribing rules and regulations for the execution of the trust arising under the act of congress, entitled ‘An act for the relief of citizens of towns, upon lands of the United States, under certain circumstances, approved May 23, 1844,’ ” approved January 31, 1866, approved April 10, 1867;

An act to amend an act entitled an act to provide for the publication of the decisions of the supreme court of the State of Nevada, approved January 30, 1869;

An act supplementary to an act entitled “An act to establish the financial transactions of the state on a coin basis,” approved February 2, 1869, and making provisions by which county commissioners and municipalities may be enabled to carry out the provisions thereof, approved February 26, 1869;

An act to redistrict the State of Nevada, approved February 27, 1869;

An act to amend an act entitled “An act to create the office of state printer, define the duties and compensation thereof, and provide for the time and manner of election,” approved January 10, 1865, approved February 27, 1869;

An act to amend section 84 of an act entitled “An act to amend ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March 9, 1865,” approved February 24, 1866, approved February 27, 1869;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, approved February 27, 1869;


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ê1911 Statutes of Nevada, Page 423 (CHAPTER 205)ê

 

An act to amend an act entitled “An act in relation to fines,” approved January 28, 1867, approved March 1, 1869;

An act to provide for the preservation of the manuscript laws, and other important state papers, approved March 1, 1869;

An act to provide for fostering and supporting the Nevada orphan asylum, a duly incorporated benevolent institution located at Virginia City, Storey County, State of Nevada, approved March 2, 1869;

An act to amend an act entitled “An act to amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March ninth, one thousand eight hundred and sixty-five,” approved March 11, 1867, approved March 3, 1869;

An act to restrict gaming, became a law March 4, 1869;

An act to abolish the recorder’s court and the office of city recorder in the city of Virginia, approved March 5, 1869;

An act to tax and regulate foreign insurance companies doing business in this state, approved March 5, 1869;

An act supplementary to and amendatory of an act entitled “An act to redistrict the State of Nevada,” approved February 27, 1869, approved March 5, 1869;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 5, 1869;

An act to amend an act entitled “An act to amend section fifty-eight of an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March ninth, one thousand eight hundred and sixty-five,” approved March 12, 1867, approved March 6, 1869;

An act to amend an act entitled “An act to further amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ ” approved March 1, 1866, approved March 6, 1869;

An act supplementary to an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, and the acts amendatory thereof, approved March 6, 1869;

An act to amend an act entitled “An act concerning compensation of jurors,” approved March 5, 1869, approved February 15, 1871;

An act fixing the time for holding the terms of the district court of the fourth judicial district, approved February 27, 1871;

An act relative to the salary of the judge of the fourth judicial district, approved February 27, 1871;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five, approved March 1, 1871;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 424 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to provide for fostering and supporting the Nevada orphan asylum, a duly incorporated benevolent institution, located at Virginia City, Storey County, State of Nevada, approved March 1, 1871;

An act to amend an act entitled “An act to restrict gaming,” approved March 2, 1871;

An act to prevent the destruction of fish in the waters of the State of Nevada, approved March 2, 1871;

An act providing for the better enforcement of the revenue laws of this state, approved March 4, 1871;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 11, 1867,” approved March 3, 1869, approved March 4, 1871;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 4, 1871;

An act to amend an act entitled “An act to create the office of state printer, defining the duties and compensation thereof, and provide for the time and manner of election,” approved January tenth, eighteen hundred and sixty-five, approved February 11, 1873;

An act to amend section twenty-nine of an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” as amended by section one of an act approved March first, eighteen hundred and seventy-one, approved February 14, 1873;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, approved March eleventh, eighteen hundred and sixty-seven, approved March third, eighteen hundred and sixty-nine,” approved March fourth, eighteen hundred and seventy-one, approved February 20, 1873;

An act to abolish the use of state revenue stamps, and to provide for the settlement of outstanding stamps, approved February 21, 1873;

An act to amend an act entitled “An act supplementary to an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March ninth, eighteen hundred and sixty-five, and the acts amendatory thereof,” approved March sixth, eighteen hundred and sixty-nine, approved February 21, 1873;

An act to compel children to attend school, approved February 25, 1873;

An act to create and fix the compensation of the office of president of the board of directors of the state library, approved March 1, 1873;

An act relative to the salary of the judge of the seventh judicial district, approved March 4, 1873;


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ê1911 Statutes of Nevada, Page 425 (CHAPTER 205)ê

 

An act to redistrict the State of Nevada, approved March 7, 1873;

An act fixing the number of officers and employees of the senate and assembly, to define their duties, and to establish their pay, approved March 7, 1873;

An act to provide for the erection of a state prison, approved March 7, 1873;

An act supplementary to an act entitled “An act to abolish the use of state stamps, and to provide for the settlement of outstanding stamps,” approved February twenty-first, eighteen hundred and seventy-three, approved March 7, 1873;

An act to provide for the allotment of senators of the State of Nevada, approved March 7, 1873;

An act to amend section twelve of an act entitled “An act to further amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ ” approved March first, eighteen hundred and sixty-six, approved March 7, 1873;

An act to define the duties of the lieutenant-governor, and to fix his compensation therefor, approved March 12, 1873;

An act to amend an act entitled “An act to amend ‘An act to create the office of the state printer, define the duties and compensation thereof, and provide for the time and manner of election,’ approved January tenth, eighteen hundred and sixty-five,” approved January twenty-sixth, eighteen hundred and sixty-six, approved January 25, 1875;

An act to prevent the practice of medicine and surgery by unqualified persons, approved January 28, 1875;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March tenth, eighteen hundred and sixty-five, approved February 17, 1875;

An act to reduce the rate of state taxation, approved February 18, 1875;

An act to provide for the publication and distribution of Nevada reports, approved February 20, 1875;

An act to amend an act entitled “An act supplementary to an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March ninth, eighteen hundred and sixty-five, and the acts amendatory thereof; and providing for levying and collecting revenue for county purposes, and further prescribing the powers and duties of the board of county commissioners of the several counties of this state relative thereto,” approved April second, eighteen hundred and sixty-seven, approved February 20, 1875;

An act to amend an act entitled “An act to redistrict the State of Nevada,” approved March seventh, eighteen hundred and seventy-three, approved February 20, 1875;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 426 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act supplementary to an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, and the acts amendatory thereof, and to define the manner of assessing railroads proper in this state, approved February 27, 1875;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, one thousand eight hundred and sixty-five, approved March 1, 1875;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March 1, 1875;

An act to repeal an act entitled “An act to amend an act entitled ‘An act to redistrict the State of Nevada,’ approved February twenty-seventh, eighteen hundred and sixty-nine,” approved March seventh, eighteen hundred and seventy-three, approved March 2, 1875;

An act providing for the monthly payment of the salaries of the justices of the supreme court and state officers, approved March 4, 1875;

An act to amend “An act to restrict gaming,” passed March fourth, eighteen hundred and sixty-nine, and all acts amendatory thereof, approved March 4, 1875;

An act to amend section six of an act of the legislature of the State of Nevada entitled “An act amendatory of an act entitled ‘An act to provide for the maintenance and supervision of public schools, approved March twentieth, eighteen hundred and sixty-five,’ and the acts amendatory thereof,” approved March sixth, eighteen hundred and sixty-nine, became a law March 5, 1875; see Stats. 1875, pp. 131, 132;

An act for the reapportionment of senators and assemblymen in the several counties of this state, approved March 5, 1875;

An act to amend section one of an act entitled “An act providing for the location and taxation of borax and soda mines,” approved March seventh, eighteen hundred and seventy-three, approved March 5, 1875;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March 6, 1875;

An act to amend an act entitled “An act to prevent the destruction of fish in the waters of the State of Nevada,” approved March second, eighteen hundred and seventy-one, approved January 26, 1877;


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ê1911 Statutes of Nevada, Page 427 (CHAPTER 205)ê

 

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March twentieth, eighteen hundred and sixty-five, as amended March eighth, eighteen hundred and sixty-seven, approved February 12, 1877;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five, approved March eleventh, eighteen hundred and sixty-seven, approved March third, eighteen hundred and sixty-nine, approved March fourth, eighteen hundred and seventy-one,” approved February twentieth, eighteen hundred and seventy-three, approved February 20, 1877;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, approved March ninth, eighteen hundred and sixty-five,” and amended March fourth, eighteen hundred and seventy-one, approved February 20, 1877;

An act to preserve wild game, and to repeal all other acts in relation thereto, approved February 23, 1877;

An act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November twenty-ninth, eighteen hundred and sixty-one, approved February 26, 1877;

An act to amend an act entitled “An act to amend and act to restrict gaming, passed March fourth, eighteen hundred and sixty-nine,” approved March fourth, eighteen hundred and seventy-five, approved February 28, 1877;

An act to prohibit the sale of ardent spirits to the Indians, approved March 2, 1877;

An act to provide for the better enforcement of an act to amend an act entitled “An act to prevent the destruction of fish,” approved March second, eighteen hundred and seventy-one, approved January twenty-sixth, eighteen hundred and seventy-seven, approved March 2, 1877;

An act to abolish the office of the state printer, and provide for the public printing, approved March 5, 1877;

An act to redistrict the State of Nevada, approved March 5, 1877;

An act to amend “An act to regulate the settlement of the estates of deceased persons,” approved November twenty-ninth, eighteen hundred and sixty-one, approved March 5, 1877;

An act to amend an act entitled “An act requiring state officers to prepare and transmit to the legislature duplicates of all reports intended for publication,” approved February seventeenth, eighteen hundred and seventy-one, approved March 5, 1877;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 428 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, and of acts amendatory thereof, approved March 5, 1877;

Substitute for Senate Bill No. 64 (introduced and recommended by the committee on judiciary, February twentieth, eighteen hundred and seventy-seven)-An act to amend section four of an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March 5, 1877;

An act to amend an act entitled “An act more fully defining the duties and powers of the state board of regents, in connection with the state university,” approved March fifth, eighteen hundred and seventy-five, approved March 5, 1877;

An act to amend an act entitled “An act to amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ approved March ninth, eighteen hundred and sixty-five,” approved March sixth, eighteen hundred and seventy-five, approved March 5, 1877;

An act to provide for the preservation of fish in the waters of this state, approved March 5, 1877;

An act to amend an act entitled “An act to encourage the growth of forest trees,” approved March 5, 1877;

An act amendatory of an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March twentieth, eighteen hundred and sixty-five, and of acts amendatory thereof, approved March 5, 1877;

An act to amend an act entitled an act to amend an act entitled an act to amend section one of an act to amend an act passed by the legislative assembly of the Territory of Nevada, entitled “An act to provide for the appointment of notaries public, and defining their duties,” approved February ninth, one thousand eight hundred and sixty-four, approved March twentieth, one thousand eight hundred and sixty-five, approved February ninth, one thousand eight hundred and sixty-six, approved March thirteenth, one thousand eight hundred and sixty-seven, approved January 27, 1879;

An act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November twenty-ninth, eighteen hundred and sixty-one, approved February 8, 1879;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved February 13, 1879;


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ê1911 Statutes of Nevada, Page 429 (CHAPTER 205)ê

 

An act amendatory of, and supplementary to, an act entitled “An act to provide for the preservation of fish, in the waters of this state,” approved March fifth, eighteen hundred and seventy-seven, approved February 19, 1879;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” as approved March twentieth, eighteen hundred and sixty-five, approved February 26, 1879;

An act to amend an act entitled “An act to redistrict the State of Nevada,” approved March fifth, eighteen hundred and seventy-seven, approved March 4, 1879;

An act to amend an act entitled “An act to preserve wild game, and to repeal all other acts in relation thereto,” approved February twenty-third, eighteen hundred and seventy-seven, approved March 6, 1879;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March 6, 1879;

An act repealing all matters relating to copying into an appendix the annual reports of the state officers and other documents, and providing for the deposit of printed copies with the secretary of state, approved March 7, 1879;

An act to reduce the rate of state taxation, approved March 8, 1879;

An act to amend section four of an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March ninth, eighteen hundred and sixty-five, approved March fifth, eighteen hundred and seventy-seven, approved March 8, 1879;

An act to restrict gaming, and to repeal all other acts in relation thereto, approved March 8, 1879;

An act to amend an act to abolish the office of the state printer, and provide for the public printing, approved March fifth, eighteen hundred and seventy-seven, approved March 8, 1879;

An act to repeal section three of an act entitled “An act for the taxation of mines that produce one ton or less a day of ore or mineral-bearing material, and to encourage the prospecting of undeveloped mines,” approved March fifth, eighteen hundred and seventy-seven, approved March 8, 1879;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 11, 1867, approved March 3, 1869, approved March 4, 1871, approved February 20, 1873, approved February 20, 1877, approved March 10, 1879;

An act to discontinue litigation touching inequitable claims for taxes and penalties, approved March 17, 1879;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 430 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act fixing the number of officers and employees of the senate and assembly, to define their duties and to establish their pay, approved January 27, 1881;

An act to amend and act entitled “An act fixing the salaries of the various county officers in the several counties in this state, and other matters relating thereto,” approved March 11, 1879, approved January 28, 1881;

An act to amend an act entitled “An act to amend an act entitled ‘An act to provide for the formation of corporations for certain purposes,’ ” approved March 10, 1865, approved February 17, 1875, approved February 11, 1881;

An act fixing the salaries of the justices of the supreme court of the State of Nevada, approved February 19, 1881;

An act to amend an act entitled an act to amend an act entitled an act to amend section one of an act passed by the legislative assembly of the Territory of Nevada, entitled “An act to provide for the appointment of notaries public and defining their duties,” approved February 9, 1864, approved March 20, 1865, approved February 9, 1866, approved March 13, 1867, approved January 27, 1879, approved February 25, 1881;

An act to amend an act entitled “An act to further amend an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada,’ ” approved March 9, 1865, approved March 1, 1866, approved February 25, 1881;

An act to amend section thirty-nine of an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 6, 1869, approved February 28, 1881;

An act to amend section 128 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, approved February 28, 1881;

An act to amend an act entitled “An act fixing the salaries of the various county officers in the several counties of this state and other matters relating thereto,” approved March 11, 1879, approved March 2, 1881;

An act to fix the rate of state taxation, approved March 2, 1881;

An act fixing the rates for official advertising, approved March 1, 1881;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 3, 1881;

An act to redistrict the State of Nevada, approved March 3, 1881;

An act for the reapportionment of senators and assemblymen in the several counties of this state, approved March 3, 1881;

An act to provide for the appointment of inspectors of hides, defining their duties, and mode of compensation, approved March 3, 1881;


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ê1911 Statutes of Nevada, Page 431 (CHAPTER 205)ê

 

An act to amend sections 2,4 and 5 of an act entitled “An act to amend an act entitled ‘An act to preserve wild game, and to repeal all other acts in relation thereto,’ ” approved February 23, 1877, approved March 6, 1879, approved March 3, 1881;

Substitute for Assembly Bill No. 94-An act to amend an act entitled “An act fixing the salaries of the various county officers of this state, and other matters relating thereto,” approved March 11, 1879, approved March 4, 1881;

An act to amend section 5 of an act entitled “An act fixing the salaries of the various county officers in the several counties of this state, and other matters relating thereto,” approved March 11, 1879, approved March 4, 1881;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 7, 1881;

An act to amend an act entitled “An act fixing the number of officers and employees of the senate and assembly, to define their duties and to establish their pay,” approved January 27. 1881, approved January 8, 1883;

An act to amend an act entitled “An act to amend an act entitled ‘An act to amend an act to amend section 1 of an act passed by the legislative assembly of the Territory of Nevada entitled an act to provide for the appointment of notaries public and defining their duties,’ ” approved February 9, 1864, approved March 20, 1865, approved February 9, 1866, approved March 13, 1867, approved January 27, 1879, approved February 26, 1881, approved January 30, 1883;

An act to regulate primary elections and to protect the same from fraud, approved February 5, 1883;

An act to amend section 7 of an act entitled “An act fixing the salaries of the various county officers in the several counties in this state and other matters relating thereto,” approved March 11, 1879, approved February 9, 1883;

An act to amend an act entitled “An act to define the time for levying and assessing taxes for state and county purposes,” approved February 25, 1873, approved February 15, 1883;

An act to define the duties of the lieutenant-governor when acting as an ex officio officer, approved February 17, 1883;

An act to amend an act fixing the salaries of the various county officers in the several counties of this state and other matters relating thereto, approved March 11, 1879, approved February 17, 1883;

An act to amend an act entitled “An act to amend an act entitled ‘An act to further amend an act entitled an act to provide revenue for the support of the government of the State of Nevada,’ ” approved March 9, 1865, approved March 1, 1866, approved February 25, 1881, approved February 26, 1883;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 432 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, approved February 26, 1883;

An act supplemental to an act providing for the taxation of the net proceeds of mines, approved February 28, 1871, became a law February 27, 1883;

An act supplemental to an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 1, 1883;

An act to amend an act entitled an act fixing the salaries of the various county officers of this state, and other matters relating thereto, approved March 11, 1879, approved March 5, 1883;

An act to amend an act entitled “An act to restrict gaming, and to repeal all other acts in relation thereto,” approved March 8, 1879, approved January 23, 1885;

An act to promote the propagation of bob-white quail, approved February 27, 1885;

An act to amend “An act providing for the publication of bills allowed by the boards of county commissioners in this state,” approved March 1, 1883, approved February 27, 1885;

An act relative to the proving of Indian war claims, approved February 27, 1885;

An act to amend section 1 of an act entitled “An act providing for the taxation of the net proceeds of mines,” approved February 28, 1871, approved March 2, 1885;

An act to amend an act entitled an act amendatory of an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 6, 1869; approved March 2, 1885;

An act supplemental to an act entitled “An act to provide for the preservation of fish in the waters of this state,” approved March 5, 1877, approved March 5, 1885;

An act to provide for the compiling of the laws of the State of Nevada, approved March 7, 1885;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 12, 1885;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 12, 1885;

An act supplemental to an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 8, 1867, approved March 5, 1869, approved March 7, 1873, approved March 5, 1877, approved February 24, 1879, approved February 28, 1881, approved March 12, 1885;


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ê1911 Statutes of Nevada, Page 433 (CHAPTER 205)ê

 

An act to amend an act entitled “An act to amend section thirty-nine of an act entitled an act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 6, 1869, approved February 28, 1881, approved March 12, 1885;

An act to amend an act entitled “An act to provide for the maintenance and supervision of the public schools,” approved March 20, 1865, approved March 12, 1885;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, and supplementary thereto, approved March 12, 1885;

An act to amend an act entitled “An act to provide for the safe keeping of the securities of the state school fund,” approved February 21, 1871, approved January 18, 1887;

An act to amend section 13 of an act entitled “An act supplemental to an act entitled an act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 8, 1867, approved March 5, 1869, approved March 7, 1873, approved March 5, 1877, approved February 24, 1879, approved February 28, 1881, approved March 12, 1885, approved January 20, 1887;

An act supplemental to an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, approved February 1, 1887;

An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved February 1, 1887;

An act to amend an act entitled “An act to prohibit the sale of ardent spirits to Indians,” approved February 25, 1885, approved February 3, 1887;

An act relating to the proving of Indian war claims, approved February 8, 1887;

An act supplementary to an act entitled “An act to preserve wild game, and to repeal all other acts in relation thereto,” approved February 23, 1877; and to prevent the killing of beaver and otter in this state for a limited period, approved February 8, 1887;

An act supplementary to an act entitled an act entitled “An act to provide for the appointment and prescribe the duties of guardians,” approved November 29, 1861, approved February 14, 1887;

An act to restrict the sale of cigarettes, cigars and tobacco, approved February 23, 1887;

An act to regulate the sale of state law books, approved February 28, 1887;

An act supplemental to an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 1, 1887;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 434 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to amend an act entitled “An act to amend an act entitled ‘An act to define the time for levying and assessing taxes for state and county purposes,’ ” approved February 25, 1873, approved February 15, 1883, approved March 2, 1887;

An act to preserve wild game, and to repeal all acts in conflict with the provisions of this act, approved March 3, 1887;

An act to provide for the payment of a portion of the moneys collected from county licenses for the sale of liquors, into the city treasury of incorporated cities within such county, approved March 3, 1887;

An act to amend an act entitled “An act fixing the rates for official advertising,” approved March 1, 1881, approved March 5, 1887;

An act for the better preservation of titles to mining claims, approved March 5, 1887;

An act relative to the proving of Indian war claims, approved February 13, 1889;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 21, 1887, approved February 21, 1889;

An act in relation to county superintendents of schools, approved March 1, 1889;

An act to amend an act entitled “An act to provide for the appointment of notaries public and defining their duties,” approved February 9, 1864, amended March 20, 1865, further amended February 9, 1866, further amended March 13, 1867, further amended January 27, 1879, further amended February 26, 1881, further amended January 30, 1883, approved March 4, 1889;

An act relative to the preservation and protection of wild game, approved March 9, 1889;

An act to amend an act entitled an act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada,” approved March 9, 1865, approved March 6, 1879, approved March 9, 1889;

An act to amend an act entitled “An act to provide for the safe keeping of the securities of the state school fund,” approved February 21, 1871, approved February 4, 1891;

An act to amend an act entitled “An act fixing the time for the opening and closing of saloons and gaming houses,” approved March 6, 1889, approved February 27, 1891;

An act to fix the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, approved March 2, 1891;

An act for the reapportionment of senators and assemblymen in the several counties of this state, approved March 3, 1891;


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ê1911 Statutes of Nevada, Page 435 (CHAPTER 205)ê

 

An act to amend an act entitled “An act to provide for the maintenance and supervision of the public schools,” approved March 20, 1865, as amended by acts approved March 6, 1869, February 28, 1881, and March 2 and March 12, 1885, approved March 14, 1891;

An act to amend an act entitled “An act fixing the salaries of the justices of the supreme court of the State of Nevada,” approved February 19, 1881, approved March 17, 1891;

An act relative to the proving of Indian war claims, approved March 18, 1891;

An act to amend an act entitled “An act to provide for the formation of corporations for certain purposes,” approved March 10, 1865, approved March 18, 1891;

An act to increase the number of regents of the state university, approved March 19, 1891;

An act amendatory of and supplementary to an act entitled “An act to provide for the preservation of fish in the waters of this state,”, approved March 5, 1877, and to repeal section 9 of said act, approved March 19, 1891;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 20, 1891;

An act to amend an act to regulate the settlement of the estates of deceased persons, approved November 29, 1861, approved March 21, 1891;

An act to amend an act entitled an act to amend an act entitled “An act to preserve wild game, and to repeal all other acts in relation thereto,” approved February 23, 1877, approved March 6, 1879, approved March 3, 1881, approved March 23, 1891;

An act to amend an act entitled an act to amend section 128 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, approved February 28, 1881, approved February 8, 1893;

An act licensing the sale of cigarettes, approved February 21, 1893;

An act to amend an act entitled “An act to restrict gaming and to repeal all other acts in relation thereto,” approved March 8, 1879, approved February 23, 1893;

An act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1893;

An act to amend an act entitled “An act to provide for the maintenance and supervision of the public schools,” approved March 20, 1865, as amended by acts approved March 6, 1869, February 28, 1881, and March 2, 1885, approved March 12, 1885, approved March 14, 1891, approved March 6, 1893;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 436 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to reamend section 1 of an act to prohibit the sale of ardent spirits to the Indians, approved February 25, 1885, as amended February 3, 1887, approved March 6, 1893;

An act to amend an act entitled “An act to provide for the election of school trustees, and matters properly connected therewith,” approved March 19, 1891, approved March 6, 1893;

An act reducing and regulating the salaries and compensation of certain attaches of the government of the State of Nevada, approved March 6, 1893;

An act to amend sections 2 and 4 of an act entitled an act amendatory of and supplementary to an act entitled “An act to provide for the preservation of fish in the waters of this state,” approved March 5, 1877, and to repeal section nine of said act, approved March 19, 1891, approved March 10, 1893;

An act to amend an act entitled “An act fixing the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay,” approved March 2, 1891, approved January 31, 1893;

An act to amend an act entitled “An act to provide for uniform examinations for teachers’ certificates and other matters properly connected therewith,” approved March 6, 1893, approved February 18, 1895;

An act to amend an act entitled “An act to provide for the appointment of notaries public and defining their duties,” approved February 9, 1864, amended March 20, 1865, further amended February 8, 1866, further amended March 13, 1867, further amended January 27, 1879, further amended February 26, 1881, further amended January 30, 1883, further amended March 4, 1889, approved February 20, 1895;

An act to amend an act entitled “An act concerning the fees of the justices of the peace,” approved March 11, 1867, approved February 27, 1895;

An act to amend section 3 of an act entitled “An act for the preservation of wild game and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1893, approved March 2, 1895;

An act to amend an act entitled “An act to provide for the maintenance and supervision of the public schools,” approved March 20, 1865, approved March 4, 1895;

An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance and management of the same, approved March 4, 1895;

An act amend section 196 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved November 29, 1861, as amended December 19, 1862, approved March 7, 1895;


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ê1911 Statutes of Nevada, Page 437 (CHAPTER 205)ê

 

An act to amend section 4 of an act entitled “An act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1893, approved March 7, 1895;

An act to fix the state tax levy and to distribute the same to the proper funds, approved March 11, 1895;

An act amend an act entitled “An act to amend an act entitled ‘An act to provide for the maintenance and supervision of public schools,’ ” approved March 20, 1865, as amended by acts approved March 6, 1869, approved February 28, 1881, approved March 2, 1885, approved March 12, 1885, approved March 14, 1891, approved March 6, 1893, approved March 11, 1895;

An act to amend section two of an act entitled “An act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1893, approved March 13, 1895;

An act to determine who shall perform the duties of bailiff of the supreme court of the State of Nevada and fixing the compensation for his services, approved March 15, 1895;

An act to amend section two of an act entitled an act to amend sections two and four of an act entitled “An act amendatory of and supplementary to an act entitled ‘An act to provide for the preservation of fish in the waters of this state,’ approved March 5, 1877, and to repeal section nine of said act,” approved March 19, 1891, approved March 10, 1893, approved March 16, 1895;

An act to amend an act entitled “An act amendatory of an act entitled ‘An act to provide for the maintenance and supervision of public schools,’ approved March 20, 1865,” and of acts amendatory thereof, approved March 7, 1873, approved March 16, 1895;

An act to establish a branch fish hatchery at Elko, Nevada, approved March 16, 1895;

An act to amend an act to provide for the election of school trustees and matters properly connected therewith, approved March 19, 1891, approved February 12, 1897;

An act to amend section 3 of an act entitled “An act for the preservation of wild game and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1893, as amended and approved March 2, 1895, approved February 15, 1897;

An act to fix the state tax levy and to distribute the same to the proper funds, approved March 5, 1897;

An act providing for the appointment of notaries public, fixing their terms of office and specifying the numbers to be appointed, approved March 6, 1897;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 438 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to provide for the preservation of fish in the waters of the State of Nevada, approved March 9, 1897;

An act to amend an act entitled “An act to promote the purity of elections by regulating and conduct thereof, and to support the privilege of free suffrage by prohibiting certain acts and practices in relation thereto, and providing for the punishment thereof,” approved March 16, 1895, approved March 16, 1897;

An act to abolish the office of fish commissioner and to protect the fish in the waters of the State of Nevada, approved March 22, 1897;

An act to fix the state tax levy and to distribute the same to the proper funds, approved February 3, 1899;

An act to enable corporations to divide their capital stock into shares of lesser denomination, approved February 21, 1899;

An act to create coroner’s townships, making justices of the peace ex officio coroners therein, fixing their townships, prescribing their duties and compensation, providing when it shall take effect, and to repeal all acts and parts of acts in conflict with this act, approved February 23, 1899;

An act to amend an act entitled “An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance and management of the same,” approved March 4, 1895, approved February 28, 1889;

An act to regulate the allowance and the payment of certain claims against counties, approved March 9, 1899;

An act giving authority to the boards of county commissioners of the several counties of this state to extend the closed season for fishing in streams and waters of a certain class, and providing for the enforcement of the same, approved March 9, 1899;

An act to amend and act entitled “An act to amend section 3 of an act entitled ‘An act for the preservation of wild game, and for the preservation of beaver and otter within the State of Nevada, and to repeal all other acts in relation thereto,’ approved February 27, 1893, as amended and approved March 2, 1895,” approved February 15, 1897, approved March 10, 1899;

An act providing for the creation of a state board of medical examiners, and to regulate the practice of medicine and surgery in the State of Nevada, approved March 15, 1899;

An act providing for the appointment of a court stenographer in the second judicial district of this state, approved March 14, 1899;

An act authorizing the licensing of itinerant and unsettled merchants and traders, approved March 14, 1899;


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ê1911 Statutes of Nevada, Page 439 (CHAPTER 205)ê

 

An act to amend an act entitled “An act for the reapportionment of senators and assemblymen in the several counties of this state,” approved March 3, 1891, approved March 16, 1899;

An act to prohibit the selling or disposing of opium or intoxicating liquors to convicts of the Nevada State Prison, approved February 18, 1901;

An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, approved February 26, 1901;

An act to provide for the reclamation and occupancy of lands subject to acceptance by the State of Nevada under the provisions of the acts of congress, approved August 14, 1894, and June 11, 1896, and to repeal all acts in conflict therewith, approved March 6, 1901;

An act to provide for a uniform series of text-books in the public schools of Nevada, approved March 8, 1901;

An act to amend an act entitled “An act amendatory of an act entitled ‘An act to provide for the formation of corporations for certain purposes,’ approved March 10, 1865,” amendment approved February 24, 1866, approved March 12, 1901;

An act to provide for the assessment and taxation of live stock driven into this state for pasturage, grazing, or to market, from other states or territories, and for the collection of the same, approved March 21, 1901;

An act to fix the state tax levy and to distribute the same to the proper funds, approved March 18, 1901;

An act to provide for the preservation of fish in the waters of this state, and matters properly relating thereto, approved March 28, 1901;

An act to provide for the protection and preservation of different species of wild game, and to repeal all acts and parts of acts in conflict therewith, approved March 28, 1901;

An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, approved March 4, 1903;

An act in relation to herding, grazing and driving sheep, approved March 5, 1903;

An act to amend section 1 of an act entitled “An act to amend an act entitled ‘An act to provide for the maintenance and supervision of the public schools,’ approved March 20, 1865,” approved March 20, 1891, approved March 6, 1903;

An act to amend sections 18, 28, and sections 1, 5, and 7 of section 32 of an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 10, 1903;

An act regulating within this state bookmaking on horse races, prize fights, or any games conducted outside of this state, approved March 13, 1903;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 440 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to require certain county officers to keep their offices open for the transaction of public business during certain hours of certain days, approved March 13, 1903;

An act to amend section 1 of an act entitled “An act to amend an act entitled ‘An act to restrict gaming and to repeal all other acts in relation thereto,’ March 8, 1879,” approved February 23, 1893, approved March 13, 1903;

An act to fix the state tax levy, and to distribute the same to the proper funds, approved March 14, 1903;

An act providing for the appointment of notaries public, fixing their term of office and specifying the number to be appointed, and enlarging the territory within which they may act, approved March 14, 1903;

An act to provide for the protection and preservation of wild game, and to repeal all other acts in conflict therewith, approved March 16, 1903;

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 17, 1903;

An act to amend an act entitled an act to amend an act entitled “An act to provide for uniform examinations for teachers’ certificates and other matters properly connected therewith,” approved March 6, 1893, approved February 18, 1895, approved March 7, 1905;

An act fixing the salary and compensation of the governor’s private secretary, approved March 13, 1905;

An act to amend an act entitled “An act to restrict gaming and to repeal all other acts in relation thereto,” approved March 8, 1879, approved February 23, 1893, approved March 13, 1903, approved March 13, 1905;

An act to amend section 3 of an act entitled “An act providing for the cooperation of the State of Nevada with the secretary of the interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation, providing for penalties for infringements hereof, and enacting a standard measure of water, and conferring upon the secretary of the interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an act of the congress of the United States, approved June 17, 1902, entitled ‘An act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands,’ approved February 16, 1903,” approved March 16, 1905;


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ê1911 Statutes of Nevada, Page 441 (CHAPTER 205)ê

 

An act to amend section 3 of an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865, approved March 2, 1905;

An act to amend an act entitled “An act providing for the appointment of notaries public, fixing their term of office, and specifying the numbers to be appointed, and enlarging the territory within which they may act,” approved March 14, 1903, approved March 8, 1905;

An act to create judicial districts in the State of Nevada, provide for the election of district judges therein and to fix their residences and the salary, and to repeal all other acts in relation thereto, approved March 17, 1905;

An act to repeal an act entitled “An act to create a coroner’s townships, making justices of the peace ex officio coroners therein, fixing their townships, prescribing their duties and compensation, providing when it shall take effect, and to repeal all other acts and parts of acts in conflict with this act,” in all counties in which two thousand votes or more were polled at the last general election, approved March 15, 1905;

An act to amend an act entitled “An act to amend an act entitled ‘An act permitting the establishment of county high schools in the various counties of the state, and providing for the construction, maintenance and management of the same,’ approved March 4, 1895,” as amended February 28, 1899, approved March 13, 1905;

An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, approved March 23, 1905;

An act to fix the state tax levy, and to distribute the same in the proper funds, approved March 15, 1905;

An act to amend an act entitled “An act to fix the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay,” approved March 2, 1891, approved January 29, 1907;

An act to amend section 5 of an act entitled “An act to restrict gaming, and to repeal all other acts in relation thereto,” approved March 8, 1879, approved March 14, 1907;

An act to amend an act entitled “An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance and management of the same,” approved March 4, 1895, approved March 15, 1907;

An act to amend an act entitled “An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada,” and to repeal all other acts in relation thereto, approved March 20, 1907;

An act to fix the state tax levy, and to distribute the same in the proper funds, approved March 22, 1907;

An act fixing the salary of the superintendent of state printing, approved March 26, 1907;

Repealing certain obsolete acts


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ê1911 Statutes of Nevada, Page 442 (CHAPTER 205)ê

 

Repealing certain obsolete acts

An act to amend an act entitled “An act to provide for the maintenance and supervision of public schools,” approved March 20, 1865 approved March 29, 1907;

An act making any banker, or any officer, agent, or clerk of any bank, receiving deposits, knowing that said bank is insolvent, guilty of embezzlement, and providing for the punishment thereof, approved March 29, 1907;

An act to amend section 1 of an act entitled “An act to amend an act entitled ‘An act permitting the establishment of county high schools in the various counties of this state, and providing for the construction, maintenance and management of the same,’ approved March 4, 1895,” approved March 15, 1907, approved February 26, 1909;

are each and all hereby specifically repealed.

      Sec. 2.  No implication shall be drawn from such repeal that any of said acts were in force until so repealed.

 

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