[Rev. 12/19/2019 5:32:02 PM]

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ê1923 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

passed at the

Thirty-First Session of the Legislature

 

1923

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Cowles]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 22, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of forty thousand dollars ($40,000), which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly, for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature, shall revert to the general fund.

 

 

 

 

 

 

 

 

 

Legislative appropriation, $40,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

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CHAPTER 2, AB 6

[Assembly Bill No. 6–Mr. Houlahan]

 

Chap. 2–An Act to repeal an act entitled “An act to require district attorneys to make certain reports to the attorney-general,” approved March 1, 1889, as amended by act approved March 25, 1915, being sections 1608 and 1609, Revised Laws of Nevada, 1912, and section 1608, Revised Laws of Nevada, 1919.

 

[Approved January 27, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act to require district attorneys to make certain reports to the attorney-general,”

 

 

 

 

 

 

 

 

 

 

 

 

Certain act repealed


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ê1923 Statutes of Nevada, Page 2 (CHAPTER 2, AB 6)ê

 

Repeal of certain act

general,” approved March 1, 1889, as amended by act approved March 25, 1915, being sections 1608 and 1609, Revised Laws of Nevada, 1912, and section 1608, Revised Laws of Nevada, 1919, is hereby repealed.

 

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CHAPTER 3, AB 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to commitment of insane persons

 

 

 

 

 

 

Two physicians, examination by

 

 

 

 

 

 

 

Expense, how paid

[Assembly Bill No. 2–Mr. Kennedy]

 

Chap. 3–An Act to amend section 7 of an act entitled “An act concerning the insane of the state, creating a board of commissioners for the care of the indigent insane, and to provide for the care of the insane,” approved March 25, 1913, approved March 6, 1915.

 

[Approved January 31, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person is insane, and so far disordered in his or her mind as to endanger health, person, or property, to cause the said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of said court to issue subpenas for the attendance of witnesses at the examination of said person, and such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of said expenses to be determined by said judge and paid as he shall order; and the said judge shall also cause to appear at the same time and place two or more licensed, practicing physicians, who shall proceed to examine the person alleged to be insane; and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is insane and so far disordered in his or her mind as to endanger health, person, or property, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, children, brother or sister, living within the state, of sufficient means and ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the Nevada state hospital for mental diseases, at the expense of the state, and place the said person in charge of the proper person having charge of said Nevada state hospital for mental diseases, together with a copy of the complaint, commitment and physicians’ certificate, which shall be in form as the board of commissioners may prescribe, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing magistrate.


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ê1923 Statutes of Nevada, Page 3 (CHAPTER 3, AB 2)ê

 

examination of said person before the committing magistrate. Said physician or physicians shall be paid a reasonable sum for their services, the amount to be determined by said judge and paid as he shall order, but not to exceed ten dollars for a half day, or twenty dollars for a whole day. Said official reporter shall be compensated as ordered by said judge, the fees to be paid the same as those prescribed in section 4913 of the Revised Laws of 1912.

 

Compensation of physicians and reporter

 

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CHAPTER 4, AB 24

[Assembly Bill No. 24–Mr. Nelson]

 

Chap. 4–An Act to amend section five of an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, as amended by an act approved February 28, 1913.

 

[Approved February 2, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  The father and mother, except as herein provided, being each competent to transact his or her own business, and not otherwise unsuitable, shall be entitled to the guardianship of the minor.

      If either the father or mother be dead, or be unable, or unsuitable, or shall refuse, to take the custody of the minor, or has abandoned his or her family, or has been deprived of the custody of such minor by a court of competent jurisdiction in this state, which has awarded the custody of such minor to the other, the other is entitled thereto; and the parent so entitled thereto shall have the right to designate a guardian of such minor by will. Where a suitable person has been so designated by will, the court, upon the probate of such will, shall appoint the person designated therein as guardian of such minor.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardianship of minors

 

 

 

 

 

 

 

 

 

 

Repeal

 

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CHAPTER 5, AB 3

[Assembly Bill No. 3–Miss Towle]

 

Chap. 5–An Act to validate county high-school bond elections, and also the bonds issued in pursuance of such elections.

 

[Approved February 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever in any county in this state any county board of education shall have certified to the board of county commissioners that a new county high-school building or dormitory,

 

 

 

 

 

 

 

 

 

 

Validating high-school bond elections


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ê1923 Statutes of Nevada, Page 4 (CHAPTER 5, AB 3)ê

 

 

 

 

 

 

Notice in newspapers

 

 

 

 

 

Previous bond issues validated

or dormitory, or both, were needed, or that it was necessary to enlarge one or more of the buildings in use, or to acquire a new building site, or additional land for necessary school purposes, or to purchase or acquire other necessary high-school equipment, in manner and form as required by chapter 15 of the laws of Nevada for the year 1917, and pursuant thereto a special election shall have been called and held by the board of county commissioners, whereof notice shall have been given by publication in a newspaper printed within the county four consecutive weeks, the last publication of which shall have appeared in the last regular issue of such paper before election day, such election shall be held to have been validly called and held without any other or further notice whatever, and such election and the proceedings and authorization thereof are hereby validated.

      All bonds issued pursuant to the requirements of chapter 15 of the laws of 1917 predicated upon any election validated by this act, are hereby declared to be the valid obligations of the county issuing the same; and the proceeds of such bonds shall be used for the purposes declared at such election.

 

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CHAPTER 6, AB 7

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of secretary of state

[Assembly Bill No. 7–Mr. Whiteley]

 

Chap. 6–An Act to amend section 1 of an act entitled “An act to provide a fee bill for the office of secretary of state,” approved March 24, 1913, as amended March 22, 1921.

 

[Approved February 5, 1923]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The secretary of state of the State of Nevada shall be allowed to charge and to collect the following fees; provided, however, that said secretary of state shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada, or any county, city, or town thereof, or any officer thereof in his official capacity, or for attesting extradition papers for other states:

      On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state for the use of the state: For certificate or articles of incorporation, twenty (20) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than fifty ($50) dollars; consolidation and merger of corporations, twenty (20) cents for each thousand dollars capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than twenty ($20) dollars; increase of capital stock, twenty (20) cents for each thousand dollars of the total increase authorized,


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ê1923 Statutes of Nevada, Page 5 (CHAPTER 6, AB 7)ê

 

(20) cents for each thousand dollars of the total increase authorized, but in no case less than twenty ($20) dollars; extension or renewal of corporate existence of any corporation, one-half of that required for the original certificate or articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, the increase or decrease of par value of or number of shares, twenty ($20) dollars; for filing list of officers and directors or trustees and name of agent in charge of principal office, two ($2) dollars; notice of removal of principal place of business, other than by amendment, two dollars ($2); for comparing any documents to be certified when copy thereof is furnished, if any corrections are required to be made therein before certifying thereto, forty (40) cents for each folio of one hundred words of said document so compared; for certifying to copy of articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, ten ($10) dollars; for all certificates not hereby provided for, ten ($10) dollars; provided, that no fees shall be required to be paid by any religious or charitable society or educational association having no capital stock; and provided further, that foreign incorporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, except that, where a foreign corporation is organized without fixing or stating a par value to its authorized capital stock, or where its articles or charter, or the legislative, executive, or other governmental acts or other instrument of authority, under which it was created, required by law to be filed in the office of the secretary of state, do not fix or state any par value to its authorized capital stock, then, for the purpose of taxes and fees to be paid to the secretary of state, upon qualifying before carrying on the business in this state, but for no other purpose, the authorized capital stock of such foreign corporation shall be taken to be of the par value of one hundred dollars per share.

      Each and every civil officer of this state, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission, and before entering upon the duties of his office, pay a fee to the secretary of state on the basis of five ($5) dollars where the salary is thirty-six hundred ($3,600) dollars per year or less, and two ($2) dollars on each additional one thousand ($1,000) dollars or major fraction thereof per year; for a written copy of any law, joint resolution, transcript of record or other paper on file or of record in his office,

Fees of secretary of state


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ê1923 Statutes of Nevada, Page 6 (CHAPTER 6, AB 7)ê

 

Fees of secretary of state

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

file or of record in his office, forty (40) cents per folio; for certifying to any such copy and use of state seal, ten ($10) dollars for each impression; for filing and recording each official bond, ten ($10) dollars; for filing and recording trade-marks and names, ten ($10) dollars; for each passport and other document signed by the governor and attested by the secretary of state, ten ($10) dollars; for each commission as notary public, ten ($10) dollars; for each commission as commissioner of deeds, ten ($10) dollars; for each commission signed by the governor and attested by the secretary of state, other than notaries public and commissioner of deeds, ten ($10) dollars; for each commission issued by the governor to staff or line officers of the militia of the State of Nevada, no charge; all commissions issued to directors of the Nevada state agricultural society, or to any agricultural society now organized, or that may be hereafter organized, shall be free. For searching records or archives of the state, and other records and documents kept in his office, he shall charge a reasonable fee. For each certificate of qualification, issued to surety companies, ten ($10) dollars.

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

 

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CHAPTER 7, SB 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal of certain prohibition law

[Senate Bill No. 3–Senator Scott]

 

Chap. 7–An Act to repeal an Act entitled “An act prohibiting the sale, furnishing, giving away, or having in possession of any intoxicating drinks; defining the same; making the superintendent of the Nevada state police ex officio commissioner of prohibition and defining his duties; prescribing penalties for the violation of this act and providing for the enforcement of the same,” approved April 1, 1919.

 

[Approved February 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act prohibiting the sale, furnishing, giving away, or having in possession of any intoxicating drinks; defining the same; making the superintendent of the Nevada state police ex officio commissioner of prohibition and defining his duties; prescribing penalties for the violation of this act and providing for the enforcement of the same,” approved April 1, 1919, is hereby repealed.

 

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ê1923 Statutes of Nevada, Page 7ê

CHAPTER 8, SB 9

[Senate Bill No. 9–Senator Vencill]

 

Chap. 8–An Act defining certain duties of the attorney-general and matters relating thereto.

 

[Approved February 7, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The attorney-general of the State of Nevada and his duly appointed deputy shall be the legal advisers on all state matters arising in each and every department of the state government.

      Sec. 2.  No officer, commissioner or appointee of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within said state, or to be compensated by state funds, directly or indirectly, as an attorney acting within said state for the State of Nevada or any department thereof unless the attorney-general and his deputy are disqualified to act in such matter or unless an act of the legislature specifically authorizes the employment of other attorneys or counselors at law; provided, that in cases of emergency where the services of the attorney-general’s office are required in remote counties of the state, the attorney-general may, when it appears for the best interests of the state to do so, appoint a resident attorney at law of such county as special deputy.

      Sec. 3.  All claims for legal services rendered in violation of this act shall be void.

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

 

 

 

 

 

 

 

 

 

 

Duties of attorney-general

 

To act for all state departments

 

 

 

 

Special deputies, when

 

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CHAPTER 9, SB 26

[Senate Bill No. 26–Senator Sheehan]

 

Chap. 9–An Act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city; to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto.

 

[Approved February 7, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Winnemucca, Humboldt County, Nevada, is hereby authorized, empowered and directed to prepare and issue, in accordance with the provisions of this act, bonds of said city of Winnemucca for an amount not to exceed the sum of thirty thousand ($30,000) dollars, exclusive of interest, for the purpose of creating a fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for Winnemucca streets and highways


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ê1923 Statutes of Nevada, Page 8 (CHAPTER 9, SB 26)ê

 

 

 

City council to prepare bonds

 

 

 

 

City clerk to keep record

 

 

 

Denomination of bonds

 

 

 

 

 

 

City council to negotiate sale of bonds

 

 

 

 

 

 

 

 

 

 

“City Street and Highway Fund”

fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city.

      Sec. 2.  The said city council shall cause said bonds to be prepared and made ready for issuance. Such bonds shall be signed by the mayor of said city, countersigned by the city treasurer of said city and authenticated with the seal of the city. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and bear the signatures of said mayor and said city treasurer.

      Sec. 3.  The clerk of said city council shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued; provided, that said bonds shall be so issued in such amounts from time to time, as the said city council shall deem necessary and advisable for the purposes aforesaid.

      Sec. 4.  Said bonds shall be in such form and denominations as said city council by resolution may direct and shall run for a period of from one year to not to exceed thirty years from the date of issuance of said bonds or such part or portion thereof as said city council may deem necessary to so issue, bearing interest at a rate not to exceed six per centum per annum; interest shall be payable semiannually on the first day of January and first day of July of each year at the office of the city treasurer of the city of Winnemucca.

      Sec. 5.  The said city council of said city of Winnemucca is hereby authorized to negotiate the sale of said bonds, or such number thereof as it may deem necessary, from time to time, by publishing a notice of such proposed sale in a newspaper or newspapers published in said city for at least ten days before such bonds or said part or portion thereof are disposed of, inviting sealed bids to be made for the same, reserving and having the right to reject any and all bids; said bonds shall be sold only to the highest or most advantageous bidder therefor; provided, that no bonds shall be sold for less than par value and accrued interest; and provided further, that all bonds shall be payable in gold coin or currency of the United States, and the interest thereon shall be payable in like gold coin or currency; and provided further, that the city council may by resolution and not by ordinance authorize the sale of said bonds or any part or portion thereof.

      Sec. 6.  All moneys derived from the sale of said bonds or such part or portion thereof as may be sold shall be paid to the city treasurer of said city, and the said treasurer is hereby required to receive and safely keep the same in a fund known as the “City Street and Highway Fund,” and to pay out said moneys only for the purpose for which the same was received, and in the same manner as other claims against the said city are presented, allowed and paid.


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ê1923 Statutes of Nevada, Page 9 (CHAPTER 9, SB 26)ê

 

was received, and in the same manner as other claims against the said city are presented, allowed and paid.

      Sec. 7.  For the purpose of creating a fund for the payment of the principal and interest of said bonds, or any part or portion thereof so issued, the said city council is authorized, empowered and directed to levy and collect annually thereafter a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the limits of the city of Winnemucca until said bonds and the interest thereon shall have been fully paid and discharged, sufficient to pay the interest upon said bonds as the same may be issued and to provide a fund for the payment of the principal of the same according to their tenor and effect. Such taxes shall be levied and collected in the same manner and at the same time as other city taxes are assessed and collected and the proceeds thereof shall be kept by the said city treasurer in a special fund to be known as the “City Street and Highway Bond Redemption Fund,” and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of the said bonds shall have been fully paid, and all of said bonds retired, any and all moneys remaining on hand in said special fund shall be transferred to the general fund of said city of Winnemucca.

      Sec. 8.  Whenever the city treasurer of the said city of Winnemucca shall pay and redeem any bond issued under the provisions of this act he shall forthwith cancel the bond or bonds and coupons by writing across the face thereof the word “Paid,” and perforate the same, together with the date of such payment, and sign his name thereto and turn the same over to the city clerk, taking his receipt therefor, which receipt shall be filed with the city council, and the city clerk shall credit the city treasurer on his books for the amount so paid.

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

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation imposed be omitted until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full as in this act specified.

      Sec. 11.  This act shall take effect and be in force from and after its passage and approval.

 

 

Special tax on city property

 

 

 

 

 

 

 

 

 

“City Street and Highway Bond Redemption Fund”

 

 

City treasurer to cancel paid bonds

 

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

 

 

In effect

 

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ê1923 Statutes of Nevada, Page 10ê

CHAPTER 10, SB 27

 

 

 

 

 

 

 

 

 

Preamble-“Winnemucca Sewer Construction Fund”

 

 

 

 

 

 

 

 

 

 

Certain funds transferred

[Senate Bill No. 27–Senator Sheehan]

 

Chap. 10–An Act authorizing and empowering the city council of the city of Winnemucca, Nevada, to transfer funds from the “Winnemucca Sewer Construction Fund” to the “Streets and Highways Fund” of the said city of Winnemucca, and other matters connected therewith.

 

[Approved February 7, 1923]

 

      Whereas, There are now surplus funds to the amount of seven thousand ($7,000) dollars, or thereabouts in the “Winnemucca Sewer Construction Fund,” which moneys the said city of Winnemucca is unable to use at this time in the construction of sewers and which is not required for said purpose; and

      Whereas, It is the desire of said city council to commence the construction of street and highway improvements within said city within a short time; and

      Whereas, Said surplus fund can and should be made available for said last-mentioned purpose; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Winnemucca is hereby authorized and empowered to adopt a resolution at any regular meeting after the passage and approval of this act, and with the approval of the mayor, directing the city clerk and treasurer to transfer the surplus funds to the amount of seven thousand ($7,000) dollars, or thereabouts, or such portion thereof as the council may deem advisable, now in the “Winnemucca Sewer Construction Fund” to the city “Street and Highway Construction Fund” for use by said city in the construction and improvement of streets and highways within the city limits.

 

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CHAPTER 11, AB 10

 

 

 

 

 

 

 

 

 

 

 

 

 

New school districts, how created

[Assembly Bill No. 10–Mr. Laing]

 

Chap. 11–An Act to amend section 77 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended March 24, 1917.

 

[Approved February 7, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 77 of the above-entitled act is hereby amended so as to read as follows:

      Section 77.  The boards of county commissioners of the several counties of the state are hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to them from the parents or guardians of five school-census children a certified petition which shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed district at the date of such petition.


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ê1923 Statutes of Nevada, Page 11 (CHAPTER 11, AB 10)ê

 

the parents or guardians of five school-census children a certified petition which shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed district at the date of such petition. The boards of county commissioners may create new districts from a portion or portions of one or more established districts upon the presentation of a similar petition signed by not less than three-fifths of the heads of families or taxpayers living within the district or districts from which the proposed new district is to be taken. They may make changes in the boundaries of districts upon petition of three-fifths of the heads of families or taxpayers living within the district or districts to be affected by the change, or they may make changes in said boundaries so as to place one or more families having school children, residing in a school district much nearer the schoolhouse of an adjoining district than that of their own, in the district most convenient for them to attend; provided, that this may be done only on written petition of the family or families desiring such change and that said petition shall be accompanied by the recommendation of the deputy or district superintendent; and provided further, that before decisive action in the premises by the board of county commissioners, due notice shall be given to the two school districts to be affected by the proposed change, that parents and others who may be opposed thereto can appear before the board of county commissioners at the next regular meeting thereof, or at a later designated date, to show cause why the aforesaid petition should not be granted.

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

      No district organized under this act shall exceed in size sixteen miles square.

Five children the minimum

 

 

 

 

 

 

County commissioners may change boundaries

 

 

 

 

 

 

 

Due notice must be given

 

 

School must begin in 120 days

 

Maximum, 16 miles square

 

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CHAPTER 12, AB 28

[Assembly Bill No. 28–Mr. Love]

 

Chap. 12–An Act to repeal an act entitled “An act to regulate the public service of stallions and jacks in Nevada,” approved March 24, 1913.

 

[Approved February 8, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby expressly repealed.

 

 

 

 

 

 

 

Repeal

 

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ê1923 Statutes of Nevada, Page 12ê

CHAPTER 13, SB 5

 

 

 

 

 

 

 

 

 

 

Reckless driving a crime

 

 

 

 

Driving by drunken person prohibited

 

Felony, when

 

 

 

 

Injured person must be assisted by driver

 

 

 

 

 

 

 

 

 

 

 

 

Penalty

[Senate Bill No. 5–Senator Scott]

 

Chap. 13–An Act to regulate vehicle traffic upon all the streets and highways in this state, and to prescribe penalties for the violation thereof.

 

[Approved February 9, 1923]

 

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, or persons, to drive or operate a vehicle of any kind or character in a reckless manner upon any street or highway in this state; or in any other than a careful and prudent manner; or at a rate of speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the highway; or at such a rate of speed as to endanger the life, limb, or property of any person.

      Sec. 2.  It shall be unlawful for any person, or persons, while either intoxicated or under the influence of intoxicating liquor, to drive or conduct any vehicle upon any street or highway in this state.

      Sec. 3.  Any person or persons, while intoxicated or under the influence of intoxicating liquor, who drives or operates a vehicle of any kind, and who, by reason of such intoxication or condition hereinbefore stated, does any act or neglects any duty now or hereafter imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punished as for a felony.

      Sec. 4.  Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver, shall further give to the occupants of such vehicle, or person struck, the number of his or their said vehicle, also the name of the owner thereof, and the name of the passenger, or passengers in each said vehicle at the time of such striking or collision. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor.

      Sec. 5.  Every person violating any of the provisions of this act, where the punishment is not otherwise set forth or defined, shall be punished as for a misdemeanor.


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

ê1923 Statutes of Nevada, Page 13 (CHAPTER 13, SB 5)ê

 

      Sec. 6.  The invalidity of any section of this act shall not affect the validity of any other section.

Validity not affected

 

________

 

CHAPTER 14, AB 33

[Assembly Bill No. 33–Mr. Meyers]

 

Chap. 14–An Act requiring fire drills in the schools of this state.

 

[Approved February 9, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The trustees of every public-school district and the authorities in charge of every private school within the State of Nevada at which forty or more pupils are in regular attendance are hereby required to provide fire drills for the pupils in their respective schools at least twice in each month during the school year.

      Sec. 2.  In all cities or towns having a regularly organized paid or voluntary fire department such drills shall be conducted under the supervision of the chief of the fire department of such city or town.

      Sec. 3.  Copies of this act shall be kept posted in every room of every public or private school by the principal or teacher in charge thereof.

      Sec. 4.  It shall be the duty of the principal, teacher, or other person or persons, in charge of each school building to see that the provisions of this act are enforced.

      Sec. 5.  Any violation of this act shall be a misdemeanor and punished accordingly.

 

 

 

 

 

 

 

 

 

Fire drills in all schools

 

 

 

Fire chief to conduct

 

 

Copies of act to be posted

Duty of teacher

 

Penalty

 

________

 

CHAPTER 15, AB 16

[Assembly Bill No. 16–Mr. Tandy]

 

Chap. 15–An Act to continue the right and grant conferred under and by virtue of an act entitled “An act to supply the town of Austin with water,” approved February 16, 1864, for twenty years from the 1st day of March, 1923.

 

[Approved February 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the right given to Isaac C. Bateman, his associates and assigns, in the act entitled “An act to supply the town of Austin with water,” approved February 16, 1864, is hereby extended for the term of twenty years from the first day of March, 1923; subject, however, to all the conditions, regulations, restrictions, and provisions contained in said act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted.

 

 

 

 

 

 

 

 

 

 

 

Austin water franchise extended


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

ê1923 Statutes of Nevada, Page 14 (CHAPTER 15, AB 16)ê

 

Town of Austin may purchase water-works

 

 

 

 

 

 

Franchise may expire, how

      Sec. 2.  The town of Austin shall have the right, on giving three months notice of its intention so to do, to purchase all the works and privileges hereby granted which may be in use for supplying water to said town, at their true value, to be determined by three appraisers; one to be selected by the owners of said grant and works, one by the authorities of the town of Austin, and the third by the two appraisers so selected, and their decision shall be final; provided, that in case of such appraisement, the unexpired term of such privilege or franchise hereby granted shall be appraised at a sum not to exceed five dollars.

      Sec. 3.  In case that said Isaac C. Bateman, his associates or assigns, shall fail, refuse or neglect at any time, for the space of thirty days, to supply the town of Austin and its inhabitants with water, the franchise herein granted shall automatically expire.

 

________

 

CHAPTER 16, AB 18

 

 

 

 

 

 

 

 

 

 

 

 

 

County treasurer’s oath

 

Commissioners to fix sum of treasurer’s bond

 

 

 

Oath of sureties

[Assembly Bill No. 18–Mr. Nelson]

 

Chap. 16–An Act to amend section 2 of an act entitled “An act in relation to county treasurers,” approved November 29, 1861, being section 1675 of Revised Laws of Nevada, 1912.

 

[Approved February 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act is hereby amended so as to read as follows:

      Section 2.  The county treasurer, before he enters on the duties of his office, shall take the oath faithfully to discharge the duties of his office, as prescribed by law.

      The board of county commissioners of each county shall, immediately upon the approval of this act, thereafter on or before the first Monday in September, preceding the election of the county treasurer, and at any other time when the funds are to be substantially increased, prescribe the amount in which said county treasurer must execute an official bond. The bond and sureties of said county treasurer must, before the bond can be recorded and filed, be approved by a judge of the district court. All persons offered as sureties on said bond may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the state, and is worth in real or personal property, or both, situate in this state, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt from execution and forced sale. Said bond shall be recorded in the office of the county recorder and then filed and kept in the office of the county clerk. Said bond shall be conditioned that all moneys received by the county treasurer for the use of the county shall be paid as the commissioners shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his duties.


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

ê1923 Statutes of Nevada, Page 15 (CHAPTER 16, AB 18)ê

 

treasurer for the use of the county shall be paid as the commissioners shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his duties.

      Nothing in this act contained shall be deemed or construed to prevent the county treasurer from giving a surety-company bond in the manner prescribed by law.

Surety companies accepted

 

________

 

CHAPTER 17, SB 22

[Senate Bill No. 22–Senator Fairchild]

 

Chap. 17–An Act to transfer certain moneys from the “Carlin Town Bond Sinking and Interest Fund” to the town government fund of the town of Carlin in Elko County, Nevada.

 

[Approved February 10, 1923]

 

      Whereas, Under the terms of chapter 103, page 188, of the Statutes of 1919, being an act entitled “An act authorizing the acquisition of certain public utilities for the town of Carlin, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto,” approved March 26, 1919, the board of county commissioners of Elko County was authorized and directed to prepare, issue and sell negotiable coupon bonds of the town of Carlin, in said county, for an amount not exceeding $80,000, exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the town of Carlin, to wit, an electric-light and power system, a water system, and a sewerage system, subject to a vote in favor of said bond by the people of said district; and

      Whereas, In 1920 the people of the town of Carlin voted to issue bonds in the sum of $20,000 for the purpose of purchasing and constructing an electric-light plant for that town; and

      Whereas, Such bonds were offered for sale at three different times and no bids amounting to the par value thereof were offered; and

      Whereas, An electric-light plant which would serve the needs of Carlin, was purchased at a greatly reduced price; and

      Whereas, At the time that said bonds were offered for sale, the county commissioners at their meeting fixing the tax rate, levied upon the property of the town of Carlin a sufficient tax to pay the interest and retire such bonds as they become due; and

      Whereas, There was collected in this manner for the payment of such bond issue, which was never made, the sum of $5,144.76, which is now in the hands of the county treasurer in a fund known as “Carlin Town Bond Sinking and Interest Fund”; and

 

 

 

 

 

 

 

 

Preamble; transfer of certain funds of town of Carlin


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

ê1923 Statutes of Nevada, Page 16 (CHAPTER 17, SB 22)ê

 

Funds of the town of Carlin

 

 

 

 

 

 

Commissioners authorized to transfer money

      Whereas, It is the desire of the county commissioners of said Elko County that this money be transferred to the town government fund of the town of Carlin in order that it may be used to apply upon the notes of an emergency loan which was created for providing the town of Carlin with an electric-light plant; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Elko is hereby authorized to transfer from the said “Carlin Town Bond Sinking and Interest Fund,” into the town government fund of the town of Carlin, the said sum of $5,144.76, now in said first-named fund.

 

________

 

CHAPTER 18, SB 30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain section repealed

[Senate Bill No. 30–Senator Chapin]

 

Chap. 18–An Act to repeal section 6 of an act entitled “An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof,” approved March 22, 1921.

 

[Approved February 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act is hereby repealed.

 

________

 

CHAPTER 19, AB 22

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending Elko Charter

 

Salaries of city officers

[Assembly Bill No. 22–Mr. Whitesides]

 

Chap. 19–An Act to amend sections 9 and 15 of chapter II of an act entitled “An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 17, 1917, and adding section 9a of chapter II thereof.

 

[Approved February 14, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 9.  The mayor of said city shall receive as remuneration for his service the sum of three hundred dollars ($300) per annum, payable in equal monthly installments;


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

ê1923 Statutes of Nevada, Page 17 (CHAPTER 19, AB 22)ê

 

the “Police Supervisor,” “Fire, Sewerage, and Light Supervisor,” and “Supervisor of Finance and Revenue,” shall each receive the sum of three hundred dollars ($300) per annum, payable in the same manner; the “Supervisor of Streets, Water-Works and Public Property” shall receive a salary of twenty-four hundred dollars ($2,400) per annum, payable in the same manner; provided, however, that the said “Supervisor of Streets, Water-Works and Public Property” shall receive the same salary as the other supervisors, and in the same manner, in the event of the appointment of a person to superintend the streets and water-works as in the next succeeding paragraph set forth.

      Sec. 2.  A new section known as and called “Section 9a of Chapter II” of the above-entitled act is hereby added, which shall read as follows:

      Section 9a.  The board of supervisors shall have the power to employ a superintendent of streets and water-works for said city of Elko, who shall have under his special charge, subject to the control of the board of supervisors, the supervision of streets, alleys, public grounds and the water-works system of the said city of Elko, and shall be charged with the duty of keeping the streets, alleys, public grounds, and the water-works system in proper and sanitary condition and developing the same; said superintendent shall receive as remuneration for his services the sum of twenty-four hundred dollars per annum, payable out of the general fund of said city in twelve monthly installments.

      Sec. 3.  Section 15 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 15.  Said board of supervisors so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city, whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the supervisors, at the first meeting of the board after their election and qualifications, at each election, or as soon thereafter as may be practicable, one supervisor who shall be known as “Police Supervisor,” who shall be the executive officer of his department and who shall have under his special charge the enforcement of all police regulations of said city, and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the supervisors;

Salaries of city officers

 

 

 

 

 

 

 

 

 

Additional powers of city supervisors

 

 

 

 

 

 

 

 

 

Supervisors to control all city departments

 

 

 

 

 

Police Supervisor


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

ê1923 Statutes of Nevada, Page 18 (CHAPTER 19, AB 22)ê

 

Supervisor of Streets, etc.

 

 

 

 

 

Supervisor of Fire, etc.

 

 

 

 

 

 

Proviso

 

Supervisor of Finance and Revenue

 

 

 

 

 

 

Proviso

 

 

 

In effect

rule or regulation put in force by the supervisors; and one supervisor to be known as “Supervisor of Streets, Water-Works, and Public Property,” who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds, water-works and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds and property clean and in a sanitary condition, the water-works in working condition and developing the same, and with the enforcement of all rules and regulations necessary to these ends; and one supervisor to be known as the “Supervisor of Fire, Sewerage, and Light,” who shall be the executive officer of his department and who shall see to the enforcement of all rules and regulations with respect to said departments, and shall see that all contracts of the grant of any franchise privileges are faithfully complied with, and performed; and who shall have general supervision over fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over said departments; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the board of supervisors; and one supervisor known as the “Supervisor of Finance and Revenue,” who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each supervisor in control of the department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any supervisor to recall the appointment of such supervisors and designate another supervisor as a supervisor over another department.

      Sec. 4.  This act shall become effective on March 1, 1923.

 

________

 

 


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ê1923 Statutes of Nevada, Page 19ê

CHAPTER 20, AB 20

[Assembly Bill No. 20–Mr. Jurich]

 

Chap. 20–An Act to amend an act entitled “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, and to repeal an act entitled ‘An act to regulate the appointment and compensation of bailiff of the supreme court,’ approved March 6, 1899,” approved March 20, 1901, 96.

 

[Approved February 15, 1923]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Hereafter the sheriff of Ormsby County, Nevada, shall act as bailiff of the supreme court of the State of Nevada, and for his services as such bailiff, either in person or by deputy, he shall receive from the state, in full payment for such services, the sum of twenty-five dollars per calendar month, when actually in attendance upon said court, such sum to be paid by the state treasurer out of the biennial appropriation therefor; and said sheriff, as such bailiff, shall retain to his own use all moneys received by him under the provisions of this act.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheriff of Ormsby to be bailiff of supreme court; salary, $25 per month

 

 

 

 

Repeal

 

________

 

CHAPTER 21, AB 56

[Assembly Bill No. 56–Elko County Delegation]

 

Chap. 21–An Act to repeal an act entitled “An act to authorize the district attorney of Elko County, Nevada, to employ an office stenographer, fixing the compensation of stenographer, and providing for the payment of the same,” approved February 5, 1921.

 

[Approved February 15, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Certain act repealed

 

________

 

 


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ê1923 Statutes of Nevada, Page 20ê

CHAPTER 22, SB 68

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending general corporation law

 

 

 

 

 

 

 

 

 

District court may appoint receiver

[Senate Bill No. 68–Senator Scott]

 

Chap. 22–An Act to amend section 94, being section 1195 of the Revised Laws of Nevada, of an act entitled “An act providing a general corporation law,” approved March 16, 1903.

 

[Approved February 16, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 94 of the above-entitled act is hereby amended to read as follows:

      Section 94.  Whenever a corporation has wilfully violated its charter, or its trustees or directors have been guilty of fraud or collusion or gross mismanagement in the conduct or control of its affairs, or its assets are in danger of waste through attachment, litigation or otherwise, or said corporation has abandoned its business and has not proceeded diligently to wind up its affairs, or to distribute its assets in a reasonable time, or has become insolvent and is not about to resume its business with safety to the public, any holder or holders of one-tenth of the issued and outstanding capital stock may apply to the district court, held in the district where the corporation has its principal place of business, for an order dissolving the corporation and appointing a receiver to wind up its affairs, and by injunction restrain the corporation from exercising any of its powers or doing any business whatsoever, except by and through a receiver appointed by the court. Such court may, if good cause exist therefor, appoint one or more receivers for such purpose, but in all cases directors or trustees who have been guilty of no negligence nor active breach of duty shall have the right to be preferred in making such appointment, and such court may at any time for sufficient cause make a decree dissolving such corporation and terminating its existence.

 

________

 

CHAPTER 23, Senate Substitute for Senate Bill No. 17

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of chiropractic examiners

[Senate Substitute for Senate Bill No. 17–Committee on Education, State Library, and Public Morals]

 

Chap. 23–An Act to create a board of chiropractic examiners and to regulate the practice of chiropractic and to provide penalties for violation of this act and to prohibit the practice of any other mode or system under the name of chiropractic.

 

[Approved February 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Creation of the Board.  There is hereby created a board of chiropractic examiners, to be known as the Nevada state board of chiropractic examiners.


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ê1923 Statutes of Nevada, Page 21 (CHAPTER 23, Senate Substitute for Senate Bill No. 17)ê

 

      The governor shall appoint such board, consisting of three members, within thirty days after this act takes effect.

      The appointees shall meet within ten days after their appointment and organize by electing a president, secretary, and treasurer, and adopting reasonable rules and regulations for the transaction of business.

      The appointees shall have the qualifications set forth in section 9. Subsequent appointees shall be graduates of chiropractic schools or colleges giving a course of at least three years of six months each, in anatomy, physiology, symptomatology, hygiene, sanitation, chiropractic analysis and the principles and practice of chiropractic, and requiring actual attendance upon the classes. No one may be appointed who practices anything but chiropractic as hereinafter defined.

      The term of office of the first member shall be one year; the second, two years; the third, three years. Appointees after the first shall serve for three years, and until their successors shall have been duly appointed and qualified. Vacancies shall be filled by the governor within thirty days.

      Sec. 2.  Meetings.  The board shall hold regular meetings to examine applicants and the transaction of business, commencing on the first Monday of March, August, and November in each year. Special meetings may be called by the president and secretary upon thirty days notice printed in a newspaper of general circulation in the state.

      Sec. 3.  Offices.  Meetings shall be held at a place designated by the president and secretary.

      Sec. 4.  Eligibility.  Any person of good moral character, who is a graduate of a chiropractic school or college teaching chiropractic, and giving a course of at least three years of six months each in the subjects enumerated in section 1, and requiring actual attendance upon the classes, shall be eligible to examination; provided, he possesses preliminary education equivalent to a high-school education; and provided further, that he practices nothing but chiropractic, as hereinafter defined.

      Sec. 5.  Chiropractic Defined.  Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand only. The definition is inclusive, and any and all other methods are hereby declared not to be chiropractic.

      Sec. 6.  Practitioners.  No person shall practice chiropractic without a license, which license shall not entitle him to practice anything else. And no one may hold himself out as a chiropractor without having a license.

      Sec. 7.  Examinations.  Any one desiring an examination shall, at least fifteen days prior to the meeting of the board, make written application to the secretary. Such application shall be accompanied by an examination fee of fifteen dollars. The application shall state the name, age, sex, and place of residence of the applicant, the name and location of the school or college from which he or she graduated, the length of time devoted to the study of chiropractic, the date of graduation, together with such other data as the board may require.

 

 

First meeting

 

 

Qualifications of members

 

 

 

 

Terms of office

 

 

 

Regular and special meetings

 

 

 

Offices

 

Eligibility of examinees

 

 

 

 

 

“Chiropractic” defined

 

 

 

Must be licensed

 

 

Examinations

 

Fee


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ê1923 Statutes of Nevada, Page 22 (CHAPTER 23, Senate Substitute for Senate Bill No. 17)ê

 

 

 

 

 

 

 

Licenses, how granted

 

 

 

Annual fee

 

Fee for first license

 

 

 

License without examination, when

 

 

Reciprocity

 

 

 

Revocation of license

 

 

 

 

 

 

Accused may appeal

 

Disposal of money

sex, and place of residence of the applicant, the name and location of the school or college from which he or she graduated, the length of time devoted to the study of chiropractic, the date of graduation, together with such other data as the board may require. In case an applicant fails in the first examination he or she shall be entitled to a second examination without further fee. Application shall be signed and sworn to by the applicant.

      The board shall prepare reasonable questions, and fairly mark and grade the answers thereto, all of which shall be done solely for the purpose of determining whether the applicant is reasonably qualified to practice chiropractic. All applicants reasonably qualified to practice chiropractic shall be granted a license.

      Sec. 8.  License.  Such licensees shall be required to pay an annual renewal fee of two dollars.

      All licenses shall be signed by the president and secretary and shall be attested by the official seal of the board. A fee of five dollars shall be collected before the same is delivered. Licensees shall file their licenses with the county recorders of the counties in which they reside before practicing.

      Sec. 9.  Licenses without Examinations.  Any person of good moral character who has been engaged in the practice of chiropractic in the state prior to the passage of this act shall be licensed without examination, upon payment of twenty dollars, if he or she applies for a license within sixty days after the organization of the board.

      Sec. 10.  Reciprocity.  Any person of good moral character, licensed by a chiropractic board of any other state or territory or holding a certificate from the national board of chiropractic examiners, may be licensed without examination upon the payment of twenty dollars.

      Sec. 11.  Revocation.  Upon complaint of the board, after twenty days notice of time and place of trial has been given to any licensee, if it shall be found that he practices anything other than chiropractic to cure or relieve disease or to remove the cause thereof without having a separate license therefor, or, if it be found that he or she no longer possesses a good moral character or is addicted to the use of narcotic drugs or in any way is guilty of deception or fraud in the practice of chiropractic, his license shall be revoked.

      If the accused is aggrieved by the action of the board, he may appeal to the district court on the merits.

      Sec. 12.  Fees of Applicants-Money, How Used.  All moneys collected by said board shall be used by it to defray its legitimate expenses.

      Sec. 13.  Penalties.  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 not to exceed three hundred dollars or by imprisonment in the county jail for a term not to exceed three months, or by both such fine and imprisonment.


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

ê1923 Statutes of Nevada, Page 23 (CHAPTER 23, Senate Substitute for Senate Bill No. 17)ê

 

a fine not to exceed three hundred dollars or by imprisonment in the county jail for a term not to exceed three months, or by both such fine and imprisonment.

Penalties

 

________

 

CHAPTER 24, AB 38

[Assembly Bill No. 38–Mr. Houlahan]

 

Chap. 24–An Act to amend section 19 of 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, being section 4216, Revised Laws of Nevada.

 

[Approved February 19, 1923]

 

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

Assembly, do enact as follows:

 

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

Shafts to Have Two Compartments, When-Regulations as to Ladders and Landings.

      Section 19.  All shafts equipped with hoisting machinery requiring a hoisting engineer’s license to operate same shall be divided into at least two compartments, one compartment to be partitioned off and set aside for a manway and ladderway. The ladders shall be sufficiently strong for the purpose demanded and landings shall be constructed in same not more than thirty feet apart, said landings to be closely covered except an opening large enough to permit the passage of a man. A landing shall be constructed in manway at all working levels. It is further required that all upraises of over twelve feet elevation driven from the back of all levels, tunnels, drifts, crosscuts, or stopes, and which upraises are inclined more than forty-five degrees from the horizontal, and where men are working for wages or contracting in driving upraises, the same shall be divided into at least two compartments, one of which shall be set aside for a manway and ladderway, the ladders in same to be kept in good condition at all times. The lining separating manway from chute must be built of sufficient strength to hold rock and material from running into manway; also a bulkhead of sufficient strength must be carried over manway at top of upraise for the protection of workmen while climbing up and down manway against falling rock or material from top of raise.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mining shafts must have two compartments

 

Ladders

 

 

Landings

 

 

Protection of miners

 

________

 

 


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ê1923 Statutes of Nevada, Page 24ê

CHAPTER 25, SB 51

 

 

 

 

 

 

 

 

 

 

 

Granting railroad franchise in Elko County

 

 

 

 

 

 

 

 

Rights of grantees

 

 

 

 

 

Proviso

 

 

Rights and options reserved to Elko County and state highway department

[Senate Bill No. 51–Senator Fairchild]

 

Chap. 25–An Act to grant the right of way to Frederick Davis, W. W. Booher, J. A. McBride, and their associates, for the construction of a railroad, all in the county of Elko, State of Nevada, and matters pertaining thereto.

 

[Approved February 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way, not to exceed two hundred feet in width, to locate, construct, maintain, and operate, either by steam, gas, or electric motive power, a narrow- or broad-gage railroad, with iron or steel rails, by such route as they may deem most feasible and advantageous, from a point at or near Moleen, county of Elko, State of Nevada, following the water grade of the South Fork of the Humboldt River to the intersection of Dixie Creek, thence along the grade of Dixie Creek to a point in or near the town of Bullion, county of Elko, State of Nevada, is hereby granted to Frederick Davis, W. W. Booher, J. A. McBride and their associates, for the term of fifty years; provided, that the construction of said railroad shall be commenced within three years from the date of the passage of this act, and shall be completed within five years thereafter.

      Sec. 2.  The said Frederick Davis, W. W. Booher, J. A. McBride, their associates and assigns, shall have all the rights, privileges and franchises conferred upon railroad companies incorporated in this state by the provisions of “An act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereto or supplemental thereto, so far as the same are consistent with the provisions of this act; provided, however, that the legislature of the State of Nevada reserves the right to regulate fares and freights, and to revoke this franchise for what may be deemed by them good reasons.

      Sec. 3.  Said right of way is granted subject to the following provisions: That in the location and construction of said railroad no crossing is to be made with the state highway as it is now located, surveyed or constructed, except by the consent of the department of highways of the State of Nevada; that said grantees hereby perpetually give to the county of Elko the right and option to cross the right of way and tracks of any railroad built hereunder with any highway, road or trail now or hereafter to be built for the convenience of the people of the State of Nevada, and said grantees are hereby required to construct and maintain said crossing or crossings for two feet on the outer sides of each line of tracks of a width not less than twenty feet, and the said grantees are further required to construct and maintain such warning devices as the State of Nevada may deem necessary to properly safeguard the lives of its citizens; and that if, in the construction, reconstruction and maintenance of said railroad, it is necessary to encroach upon any state highway, county road or trail as then used, it shall become the duty of said grantees to adequately reconstruct said state highway, road or trail in a manner that will not impair its use nor lessen its efficiency.


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

ê1923 Statutes of Nevada, Page 25 (CHAPTER 25, SB 51)ê

 

outer sides of each line of tracks of a width not less than twenty feet, and the said grantees are further required to construct and maintain such warning devices as the State of Nevada may deem necessary to properly safeguard the lives of its citizens; and that if, in the construction, reconstruction and maintenance of said railroad, it is necessary to encroach upon any state highway, county road or trail as then used, it shall become the duty of said grantees to adequately reconstruct said state highway, road or trail in a manner that will not impair its use nor lessen its efficiency.

Must maintain warning signals

 

________

 

CHAPTER 26, AB 27

[Assembly Bill No. 27–Mr. Love]

 

Chap. 26–An Act providing for the adoption, recording, rerecording, transfer, and use of brands and marks on horses, mules, asses, cattle and hogs; defining the duties and powers of the state board of stock commissioners in connection herewith; providing penalties for the violation thereof; and repealing certain acts; and other matters properly relating thereto.

 

[Approved February 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every owner of horses, mules, asses, cattle or hogs in this state may design and adopt a brand or brands, or brand and mark, or brands and marks, with which to brand or brand and mark his or her or its horses, mules, asses, cattle or hogs; provided, that it shall be unlawful for any owner of such animals to brand or brand and mark, or cause to be branded or branded and marked, his or her or its horses, mules, asses, cattle or hogs with a brand or brand and mark not at the time of legal record as hereinafter provided.

      Sec. 2.  The state board of stock commissioners, hereinafter called the board, is hereby empowered and authorized to carry out the terms and provisions of this act and, for that purpose, to make such rules and regulations, not inconsistent therewith, and to appoint such agents, under its direction, as it deems necessary therefor, all expense in connection therewith to be met from the stock inspection fund, except as hereinafter provided.

      Sec. 3.  Within fifteen days after the receipt of a request from the board so to do, the county recorder of each and every county in this state shall transfer to the board, in such a manner as the board requests, all of his or her records having to do with the recording of brands and marks of horses, mules, asses, cattle or hogs, expenses authorized by the board in connection with such transfer or transfers to be paid from the stock inspection fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

Brands of live stock

 

 

 

Must be legally recorded

 

State board of stock commissioners to carry out terms of this act

 

 

 

County recorders to assist


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

ê1923 Statutes of Nevada, Page 26 (CHAPTER 26, AB 27)ê

 

Penalty for noncompliance

 

 

 

Board shall secure records of all brands

 

 

 

Rerecording, when

 

 

 

 

 

Board to issue transcripts of records of brands

 

 

 

 

Free copies to public officials

 

Expense, how met

 

 

 

Livestock owners to apply to board for application for rerecording brands

be paid from the stock inspection fund. Every county recorder who shall refuse or neglect to comply with the provisions of this section shall, in addition to all other penalties provided in this act, be liable to the owner of any brand or mark legally recorded at the time of the passage of this act, for any damage accruing to such owner, through such refusal or neglect of such county recorder.

      Sec. 4.  Upon the passage and approval of this act, the board shall promptly secure all records of brands and marks of horses, mules, asses, cattle and hogs in the possession of and required to be maintained by law at the time of passage of this act, by each and every county recorder in this state and, upon receipt of the same, shall promptly cause all such brands and marks as were of legal record at the time of passage of this act in said county recorder’s records to be rerecorded as therein of record in its office, in suitable and permanent form and manner, certificates of rerecordation by the board to be furnished without charge to the legal owners of all such brands and marks, such certificates to be prepared in the form and manner set forth in section 9 of this act and to have the legal status of brand certificates as set forth in section 10 of this act.

      Sec. 5.  The board is authorized and empowered to compile and issue at its discretion, books and supplements thereto, containing transcripts of part or all of its records of brands and marks, so arranged and indexed as to be suitable for use in identifying any brands or marks which may be found in this state on any horses, mules, asses, cattle or hogs, or the hides thereof, and used in compliance with the terms of this act; copies of the same to be available to any one at a charge to be fixed by the board, but not to be less than cost of compilation, publication and issuance; provided, that copies of such brand-books or supplements may be furnished by the board, without charge, to any public official or other person, whose possession of such book or supplements will, in the opinion of the board, serve to promote the general welfare. Expense in connection with the provisions of this section shall be met from the stock inspection fund, and any moneys derived from the sale of such books or supplements shall be returned to the stock inspection fund and remain therein subject to disposition by the board.

      Sec. 6.  Hereafter, and excepting the rerecording, as provided for in this act, of brands or marks of horses, mules, asses, cattle, and hogs, of legal record at the time of passage of this act, every owner of horses, mules, asses, cattle or hogs in this state, desiring to adopt and use thereupon and brand, or brand and mark, or marks, as provided for in this act, shall, before doing so, forward to the board an application for the recording of such brand or brand and mark or marks and receive his or her certificate of recordation as provided herein.


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

ê1923 Statutes of Nevada, Page 27 (CHAPTER 26, AB 27)ê

 

herein. Said application shall include a drawing, exact except as to size, of the brand, together with any ear or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where such brand and ear or other marks are desired or intended to be used, as well as a statement of the kinds of live stock upon which said brand or brand and mark or marks is or are to be used, the approximate boundaries of that part of the state within which it is intended to use the same, and the full name and address of the applicant. For the purpose of this act, the postoffice address included in the application shall be considered the legal address of the applicant until the board shall receive from such applicant, in writing, a notice of change of the same, the latest address of record with the board remaining the legal address.

      Sec. 7.  Hereafter but one brand shall be awarded or recorded for each owner of horses, mules, asses, cattle or hogs; provided, that each owner of a separate and distinct livestock unit may, under the terms of this act and within the discretion of the board, record one brand for use in connection with and for each such distinct and separate livestock unit; and provided, that no brand shall hereafter be recorded or used which is identical with or, in the opinion of the board, so similar to any brand previously recorded and remaining of legal record, or any abandoned brand which has not been abandoned for one year, as provided in section 13 of this act, as to be liable to cause confusion as to the identity or ownership of horses, mules, asses, cattle or hogs; and provided further, that nothing in this section shall apply to the rerecording of any brand or brands legally recorded at the time of passage of this act and remaining of legal record in this state under the provisions of this act, in so far as the legal owners of such brand or brands at the time of passage of this act are concerned; or to brands legally transferred as provided for in section 11 of this act.

      Sec. 8.  Upon receipt of an application, as set forth in section 6 of this act, the board shall cause the records of previously recorded brands, remaining of legal record, to be searched, and if the brand set forth in the application is not identical with, or so similar to, any brand remaining of legal record or any brand which has not been abandoned for one year, as provided in section 13 of this act, as in its judgment to be liable to cause confusion as to the ownership or identification of horses, mules, asses, cattle or hogs in this state, shall, under the terms of this act, award the brand set forth in the application to the applicant and proceed to record the same, together with the mark or marks. In all cases where, under the terms of this act, the brand or brand and mark or marks applied for cannot legally be awarded by the board to the applicant, the applicant shall promptly be so notified by the board. Excepting the rerecording of brands and marks already recorded and remaining of legal record as provided in the terms of this act, applications for the award and recording of brands or brands and marks shall take precedence in the chronological order of their receipt at the established office of the board.

Application shall include a drawing of brand

 

 

 

 

 

 

 

 

But one brand to each owner for each class of live stock; provisos

 

 

 

 

 

 

 

 

 

 

 

Board to award brands to owners


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

ê1923 Statutes of Nevada, Page 28 (CHAPTER 26, AB 27)ê

 

 

 

Refusal, when

 

 

 

Board to record brands; method

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of record prima facie evidence

 

 

 

 

 

 

Brands property of owner; may be transferred as other owner

brands and marks already recorded and remaining of legal record as provided in the terms of this act, applications for the award and recording of brands or brands and marks shall take precedence in the chronological order of their receipt at the established office of the board. The board may, in its discretion, refuse to award or record a brand known to be in use at the time in this state on horses, mules, asses, cattle or hogs by another or others than the applicant therefor.

      Sec. 9.  Upon the awarding of a brand or brands as provided in the terms of this act, the board shall immediately proceed to record the same. Such recording shall consist of the transcribing upon a suitable and permanent record, which shall be a public record and prima facie evidence of the facts contained therein, designed and approved by the board for that purpose, of a facsimile, except as to scale, of the brand or brand and mark or marks awarded, together with the location upon the animal or animals concerned of the brand or brand and mark or marks as awarded, the date of application, date of award, the district within which the brand or brand and mark or marks is or are intended to be used, and the kind of live stock upon which it is or they are intended to be used; whereupon the board shall promptly cause to be prepared and sent the person to whom the award is made a certificate containing the same entries as those set forth upon the permanent record of the board herein described and certified to by the board or its duly authorized agent, such certificate to have the legal status of similar certificates as set forth in section 10 of this act.

      Sec. 10.  All certificates of recordation of brands or brands and marks furnished by the board under the provisions of this act shall be prima facie evidence of the ownership of all live stock of the kind or kinds and bearing the brand or brand and mark or marks specified and as set forth therein, and such certificates shall be taken as evidence of such ownership in all suits of law or in equity, or in any criminal proceedings, when the title to horses, mules, asses, cattle or hogs in this state is involved, or proper to be proved; provided, such claim is sustained and corroborated with other evidence.

      Sec. 11.  Any brand or brand and mark or marks awarded and recorded and remaining of record in accordance with the terms of this act, including those transferred legally as provided in this section, shall be the property of the person or persons to whom they stand as of record as provided in this act, and shall be subject to sale, assignment, transfer, devise and descent, the same as personal property. Instruments of writing evidencing such transfer must be acknowledged as deeds to real estate are required by law to be, and must be recorded in the office of the board in a book to be kept by the board for that purpose.


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

ê1923 Statutes of Nevada, Page 29 (CHAPTER 26, AB 27)ê

 

kept by the board for that purpose. Recording of such instruments shall have the same force and effect as to third parties as the recording of instruments affecting transfers of real estate, and the acknowledgement of same shall have the same force and effect as the acknowledgment of deeds to real estate, and a certified copy of the record of any such instrument, duly acknowledged, may be introduced in evidence the same as is now provided for certified copies of instruments affecting real estate; provided, that before any transferee of a brand or brand and mark or marks, as above described, can legally begin and continue use of the same, he or she or it must have notice from the board of its approval of the transfer and of recording the instrument of transfer as above provided; and provided further, that such instrument of transfer shall not be construed to transfer the right to use such brand or brand and mark or marks from the county or counties in which it or they were of legal record at the time of passage of this act, to any other county or counties where any brand or brand and mark or marks in conflict, in the opinion of the board, therewith have been legally recorded and remain of legal record in the name of another person or persons, partnership, association or corporation; and provided further, that transferred brands or marks, as described herein, are subject to the rerecording requirements of section 13 of this act; and provided further, that the record of such instrument or instruments of transfer, or the transcript thereof certified by the custodian of such record, may be read in evidence without further proof.

      Sec. 12.  For the purposes of this act, the words horses, mules, and asses shall be held to include all kinds, ages and sexes, singular and plural, of the equine species, the word cattle to include all kinds, ages and sexes, singular and plural, of the bovine species, and the word hogs to include all kinds, ages and sexes, singular and plural, of the porcine species.

      Sec. 13.  Any owner of a brand or brand and mark or marks of record under the provisions of this act, including brands or marks transferred under the terms of section 11 of this act, desiring to legally continue the use of the same beyond those dates, shall, within sixty days prior to the first day of January, 1926, and within sixty days prior to the first day of January at the end of each five-year period thereafter, make application to the board for the rerecording of the same, such application to be prepared in the same form and manner as provided for in the case of applications as set forth in section 6 of this act. It shall be the duty of the board to notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of section 11 of this act and as yet not rerecorded under the terms of this act, at least sixty days prior to January 1, 1926, and the first day of January at the end of each five-year period thereafter, of his or her right to rerecord the same as provided herein.

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

Words defined

 

 

 

 

Brands, when rerecorded

 

 

 

 

 

Board to notify owner


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

ê1923 Statutes of Nevada, Page 30 (CHAPTER 26, AB 27)ê

 

 

 

 

 

Board to advertise rerecording period

 

 

 

 

Brands abandoned, when

 

 

Methods same as previous section

 

 

Charges for recording of brands by state board

 

 

 

 

 

 

Penalties

 

 

 

In effect

Repeal of certain previous acts

and the first day of January at the end of each five-year period thereafter, of his or her right to rerecord the same as provided herein. Said notice shall be in writing and shall be sent by mail to each such owner at his or her or its last address of record in the office of the board, and such notice shall be complete at the expiration of sixty days from the date of its mailing by the board. The board may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable. Any or all brands or brands and marks for rerecording of which owners have not applied as provided for herein by January 1, 1926, or by the first day of January of any five-year period succeeding that date, including all brands and marks of record as transferred as provided in section 11 of this act, shall be deemed abandoned and no longer of legal record as provided for by this act. Brands or brands and marks thus abandoned shall not be awarded or recorded by the board to other persons than those abandoning same until one year shall have elapsed from date of such abandonment and the awarding and recording of abandoned brands or marks shall come under the terms of this act.

      Recording of brands or brands and marks as provided in this section shall proceed in the same form and manner as in the original recording of the same as provided in section 9 of this act, including furnishing of certificates to applicants or owners of such rerecording.

      Sec. 14.  Except as otherwise provided herein, the board may, within its discretion, establish charges for the recording of brands or brands and marks, or for the rerecording of the same, or for the recording of instruments transferring ownership of brands or brands and marks, or for certificates of recordation or rerecordation of brands or brands and marks, as provided for in the terms of this act, as it deems justified and fair and reasonable, and collect the same; provided, that any moneys collected under the provisions of this section shall be placed in the stock inspection fund and held therein subject to the disposition of the board.

      Sec. 15.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and on conviction for such violation, shall be fined in any sum not more than five hundred ($500) dollars, or imprisonment in the county jail not more than two hundred and fifty days, or by both such fine and imprisonment.

      Sec. 16.  This act shall become effective upon its passage and approval.

      Sec. 17.  An act to regulate marks and brands of stock, approved February 27, 1873, and an act regulating the use of marks and brands of stock, and the recording thereof, and providing penalties for the violation thereof and repealing all acts in conflict therewith, approved March 20, 1909, and an act relating to and requiring the recording of brands upon live stock, approved March 25, 1915, as well as section 6745 and section 7172, Revised Laws of Nevada, 1912, and all other acts or parts of acts, in so far as they relate to horses, mules, asses, cattle and hogs, in conflict therewith, are hereby repealed.


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ê1923 Statutes of Nevada, Page 31 (CHAPTER 26, AB 27)ê

 

upon live stock, approved March 25, 1915, as well as section 6745 and section 7172, Revised Laws of Nevada, 1912, and all other acts or parts of acts, in so far as they relate to horses, mules, asses, cattle and hogs, in conflict therewith, are hereby repealed.

      Sec. 18.  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 and ineffective for any cause shall not be deemed to affect nor shall it affect any other section or any part thereof.

 

 

 

 

Each section of this act independent

 

________

 

CHAPTER 27, AB 29

[Assembly Bill No. 29–Mr. Love]

 

Chap. 27–An Act concerning estray live stock, excepting sheep, goats, and asses; defining the same and providing for their taking up and disposition; defining the powers of the state board of stock commissioners in connection therewith; providing penalties for violations relating thereto; and repealing certain acts; and other matters properly relating thereto.

 

[Approved February 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any bovine animal, horse or mule found running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where found, shall be known as an estray, and it shall hereafter be unlawful for any person, persons, corporation or company, or their or either of their employees or agents, to take up any such estray and retain possession of same, except as herein provided.

      Sec. 2.  No person shall take up an estray animal of the bovine species or any estray horse or mule, except in the county where he or she resides and is a freeholder, nor unless the same be found in the vicinity of his or her residence. When any person shall take up an estray, as defined in this act, he or she shall within five (5) days thereafter, make out a written description of such animal or animals, as the case may be, setting forth all marks or brands appearing upon such animal, and other marks of identity, such as color, age, sex, and forward the same by mail to the state board of stock commissioners at Reno, afterwards herein called the board.

      Sec. 3.  Any person, persons, firm, company, association or corporation who shall take up or retain in his or her or their possession any bovine animal, horse or mule not his or her or their property, without the owner’s consent, or except in accordance with the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one hundred ($100) dollars or may be punished by imprisonment in the county jail for not to exceed sixty days, or may be punished by both such fine and imprisonment.

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning estray bovine animals, horses, and mules

 

 

 

Estrays taken up only in certain cases

 

 

Duties of taker-up

 

 

 

Penalty for illegal taking-up


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

ê1923 Statutes of Nevada, Page 32 (CHAPTER 27, AB 29)ê

 

 

 

 

State board of stock commissioners, duties of

 

 

 

 

Charges

 

Provisos

 

 

 

 

 

 

Estrays advertised in newspaper, when

 

 

 

 

 

 

Expense paid from stock inspection fund

 

Unclaimed estrays, when sold

be fined not more than one hundred ($100) dollars or may be punished by imprisonment in the county jail for not to exceed sixty days, or may be punished by both such fine and imprisonment.

      Sec. 4.  Upon receiving notice of the taking up of an estray animal of the bovine species or any estray horse, or mule, it shall be the duty of the state board of stock commissioners, or its duly authorized agent, to make, or cause to be made, an examination of the state brand records, and if from this record the name of the owner or probable owner can be determined, the board, or its duly authorized agent, shall forthwith notify him of the taking up of such estray or estrays, and upon said owner proving to the satisfaction of the board that the said estray animal or animals are lawfully his, the said board shall issue to him an order to receive same, upon payment of any reasonable charges which may have been incurred in the care of said animal or animals so taken up; provided, however, that no charge of more than ten cents per day per head shall be made or allowed for the care of any such estray; and provided further, that upon receipt of notice of the taking up of such an estray, the board, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine the same before advertising.

      Sec. 5.  Where the owner or probable owner of estrays taken up as provided in this act cannot with reasonable diligence be determined by the board or its duly authorized agent, the board is authorized to advertise or cause to be advertised such estrays in such manner and form and at such times as it sees fit; provided, that a notice of such estray or estrays, with a full description of the same, giving brands, marks and colors thereon, shall be published once a week for four consecutive weeks in a newspaper published at the county-seat of the county in which the estray or estrays is or are taken up in accordance with the provisions of this act, and if there be no newspaper published at the county-seat of such county, then such notice shall be advertised as provided herein, in the newspaper published at the nearest point to such county; expenses incurred in carrying out the provisions of this section to be met from the stock inspection fund.

      Sec. 6.  If said estray animal or animals shall not be claimed within ten days after the last publication of the advertisement as provided for in section 5 of this act, they shall be sold by the sheriff or other person acting as agent of the board, in such manner as the board may direct. It shall be the duty of the person making such sale to give a bill of sale to the purchaser from the board, signed by himself as agent of said board.

      Sec. 7.  The person making the sale of such estray or estrays shall promptly return the proceeds of such sale to the board, who shall pay, or cause to be paid, the expenses incurred in taking up, holding, advertising and selling such estray or estrays, and place the balance in the estray fund of said board, making a full and complete record of all said transactions, including the marks and brands and other means of identification of said estray or estrays, which said record shall be open to the inspection of the public.


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

ê1923 Statutes of Nevada, Page 33 (CHAPTER 27, AB 29)ê

 

estrays shall promptly return the proceeds of such sale to the board, who shall pay, or cause to be paid, the expenses incurred in taking up, holding, advertising and selling such estray or estrays, and place the balance in the estray fund of said board, making a full and complete record of all said transactions, including the marks and brands and other means of identification of said estray or estrays, which said record shall be open to the inspection of the public. Should the lawful owner of any such estray or estrays sold as provided herein be found within one year after the sale of such estray or estrays, the net amount received from the disposal of such estray or estrays, shall be paid to said owner upon his proving ownership to the satisfaction of the said board. If, at the end of one year from the date of sale of such estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be covered into the stock inspection fund; provided, that in all cases of claims pending after the expiration of one year from the date of sale, and denied, such proceeds shall be covered into the stock inspection fund promptly after denial of such claims.

      Sec. 8.  Upon taking up any estray bovine animal, horse, or mule, as provided for herein, the taker-up shall be entitled to hold same lawfully until relieved of custody of the same by the said board; provided, that no person shall be permitted to use or cause to be used, to profit or otherwise, any such estray in his or her keeping under the provisions of this act; violation of this provision to be deemed grand or petit larceny, according to the value of such estray; and provided further, that any one taking, leading or driving any such estrays away from the possession of the lawful holder, as specified herein, except as herein provided for, shall be subject to all the penalties under the statute law, whether he or she be the claimant of such estray or not.

      Sec. 9.  It shall be unlawful hereafter for any person other than an authorized agent of the state board of stock commissioners to take up or retain or cause to be taken up or retained any such estray or estrays except as herein provided, and any person who shall take up and retain possession of any such estray or estrays without complying with the terms of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished in accordance with the provisions of the act concerning crimes and punishments.

      Sec. 10.  Estrays, as defined in section 1 of this act, may be taken up by duly authorized agents of the state board of stock commissioners, procedure looking to the disposition of such estray or estrays to follow the provisions of this act.

      Sec. 11.  If any such estray or estrays, after having been taken up in accordance with the provisions of this act, escape or be removed from the custody of said taker-up before disposed of under the provisions of this act, then such taker-up shall have the legal right to recover the same wherever found, to be held by such taker-up until disposed of as provided for herein.

Proceeds of sale of estrays to go to estray fund

 

 

 

 

 

 

 

 

Proviso

 

 

Taker-up to retain estray until board acts; proviso

 

Violation a crime

 

 

 

 

Certain inhibitions

 

 

 

 

 

 

Procedure by agent of state board

 

Escaped estray may be recovered by taker-up


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

ê1923 Statutes of Nevada, Page 34 (CHAPTER 27, AB 29)ê

 

 

 

Repeal; exception as to certain act

taker-up shall have the legal right to recover the same wherever found, to be held by such taker-up until disposed of as provided for herein.

      Sec. 12.  All acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing in this act contained shall be construed as repealing that certain act entitled “An act to prevent the trespassing of animals upon private property,” approved December 12, 1862.

 

________

 

CHAPTER 28, AB 32

 

 

 

 

 

 

Preamble; A. J. McDermott injured while service as juror in Elko County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elko county commissioners authorized to allow $2,632.80

 

 

 

Legal release by said McDermott

[Assembly Bill No. 32–Mr. Patterson]

 

Chap. 28–An Act for the relief of Andrew J. McDermott.

 

[Became a law February 22, 1923]

 

      Whereas, On the 10th day of March, A.D. 1921, Andrew J. McDermott of Deeth, Nevada, while acting in the capacity as a juror in a criminal case in Elko County, Nevada, and by reason of his being a juror was confined in the jury-room under the order of the district court of the Fourth judicial district of the State of Nevada, in and for the county of Elko; and

      Whereas, The said Andrew J. McDermott, while so confined as a juror, became ill and through no fault of his own, but through the fault of certain officials of the county of Elko, State of Nevada, fell from one of the windows of said jury-room to the pavement below, causing fractures of several bones in his body; and

      Whereas, The said Andrew J. McDermott suffered injuries from which he will never fully recover and that he has no redress from any source to compensate him for said injuries, except through this body; and

      Whereas, Said Andrew J. McDermott is entitled to relief on account of said injuries; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the board of county commissioners of the county of Elko, State of Nevada, be, and they are, hereby authorized to allow a claim of Andrew J. McDermott in the sum of two thousand six hundred and thirty-two and 80/100 ($2,632.80) dollars for compensation for said injuries recited in the preamble of this act; the county auditor is hereby authorized and directed to draw his warrant in payment of said claim when so allowed; and the county treasurer is hereby authorized and directed to pay said warrant upon presentation to him; provided, however, that said Andrew J. McDermott shall execute to the county of Elko, State of Nevada, a written release, discharging said county and its officers, and each of them, from any and all liability, claim or demand arising or which might arise by reason of said injuries so suffered by him.


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

ê1923 Statutes of Nevada, Page 35 (CHAPTER 28, AB 32)ê

 

claim or demand arising or which might arise by reason of said injuries so suffered by him.

      Sec. 2.  Nothing in this act shall be deemed to create or admit any liability in law on the part of any county and its officers or any of them for injuries which may be suffered by any person under similar circumstances to those considered in this bill.

 

 

No subsequent liability created

 

________

 

CHAPTER 29, AB 9

[Assembly Bill No. 9–Mr. Henderson]

 

Chap. 29–An Act creating a commission to be known as the Colorado River development commission of Nevada, defining its powers and duties, and making an appropriation for the expense thereof.

 

[Approved February 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  A commission is hereby created to be known as the Colorado River development commission of Nevada, to consist of the governor of the State of Nevada, and four other members, to be appointed by the governor. A majority of the commissioners shall constitute a quorum for the transaction of business. Within thirty days after the passage and approval of this act, the governor shall appoint said commissioners and they shall hold office for a term of two years, or until their successors are appointed and qualified. Any vacancy shall be filled by appointment by the governor.

      Sec. 2.  The said commissioners shall have the following qualifications: They shall each be citizens of the State of Nevada, and have a general knowledge of the development of the Colorado river and its tributaries within the State of Nevada, but at no time shall there be more than three of said commissioners members of the same political faith.

      Sec. 3.  The governor may at any time remove any commissioner for neglect of duty or malfeasance in office.

      Sec. 4.  The members of said commission shall receive as compensation ten ($10) dollars for each day actually employed on the work of said commission and their actual and necessary expenses incurred in the performance of their duties.

      Sec. 5.  Within a reasonable time after the appointment of the members of said commission, they shall meet upon the call of the governor and effect an organization by electing one of their members chairman and one of their members secretary. The commission shall audit all bills for expenses and per diem of its members, and when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for approval, and the same shall be paid out of any moneys appropriated for that purpose.

 

 

 

 

 

 

 

 

 

 

 

Creating Colorado River development commission

 

Governor to appoint

 

 

 

Qualifications of commissioners

 

 

 

Removal for cause

 

$10 per day for members

 

Meetings; duties of commission


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

ê1923 Statutes of Nevada, Page 36 (CHAPTER 29, AB 9)ê

 

 

 

Special meeting

 

Duties of commission in detail

 

 

 

 

 

 

 

 

 

 

 

 

Hearings; oaths to witness

 

 

 

Appropriation, $5,000

 

 

Repeal

the secretary shall file the same with the state board of examiners for approval, and the same shall be paid out of any moneys appropriated for that purpose.

      Sec. 6.  The commissioners shall meet at such times and at such places as may be designated by the chairman.

      Sec. 7.  The duties of said commission shall be to collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to present the same to the governor for his information; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation projects connected with the Colorado river or its tributaries; for the consideration of federal and state rights and procedure relating thereto; to tender the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to negotiate with the representatives of other states and the United States, in endeavoring to equitably settle and define the rights of the states of the United States in the waters of the Colorado river and its tributaries; to report to the governor such measures for legislative action as may be deemed necessary to secure the people of Nevada all possible benefits from such enterprises.

      Sec. 8.  Said commission shall have the power to hold hearings, require the attendance of witnesses and take testimony whenever it shall deem it necessary in carrying out the provisions of this act. Any commissioner is hereby authorized and empowered to administer oaths to any witness called to testify in any hearing or proceeding before the commission.

      Sec. 9.  For the purpose of carrying out the provisions of this act the sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated,

      Sec. 10.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 30, SB 53

 

 

 

 

 

 

 

 

 

 

Certain act repealed

[Senate Bill No. 53–Senator Bulmer]

 

Chap. 30–An Act to repeal an act entitled “An act concerning the office of surveyor-general,” approved March 20, 1865.

 

[Approved February 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby expressly repealed.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 37ê

CHAPTER 31, SB 2

[Senate Bill No. 2–Senator Scott]

 

Chap. 31–An Act to repeal an act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof,” enacted pursuant to direct vote of the people, general election, November 5, 1918.

 

[Became a law February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof,” enacted pursuant to direct vote of the people, general election, November 5, 1918, is hereby repealed.

                                                                                                 State of Nevada,

 

                                                                                  Senate Chamber, February 21, 1923.

 

      This is to certify that Senate Bill No. 2, entitled “An Act to repeal an act entitled ‘An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties and providing for the enforcement of this act, and prescribing penalties for the violation thereof,’ enacted pursuant to direct vote of the people, general election, November 5, 1918,” passed the senate on the thirteenth day of February, A. D. 1923, notwithstanding the objections of the governor, by the following vote: Yeas, 12; nays, 5; absent, none.

                                                                                                  MAURICE J. SULLIVAN,

               George B. Russell,                                                             President of the Senate.

                            Secretary of the Senate.

 

                                                                                                 State of Nevada,

 

                                                                               Assembly Chamber, February 21, 1923.

 

      This is to certify that Senate Bill No. 2, entitled “An Act to repeal an act entitled ‘An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties and providing for the enforcement of this act, and prescribing penalties for the violation thereof,’ enacted pursuant to direct vote of the people, general election, November 5, 1918,” passed the assembly on the sixteenth day of February A. D. 1923,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal of initiative prohibition law

 

 

 

 

 

 

 

 

 

Senate certificate of passing over governor’s veto

 

 

 

 

 

 

 

 

 

 

 

 

 

Assembly certificate of passing over governor’s veto


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

ê1923 Statutes of Nevada, Page 38 (CHAPTER 31, SB 2)ê

 

 

February A. D. 1923, notwithstanding the objections of the governor, by the following vote: Yeas, 29; nays, 7; absent, none; not voting, 1.

                                                                                                  JAMES M. LOCKHART,

                    J. H. Causten,                                                                Speaker of the Assembly.

                            Chief Clerk of the Assembly.                                      

 

________

 

CHAPTER 32, SB 14

 

 

 

 

 

 

 

 

 

Marshaling of assets

 

 

 

 

 

Rights of lien-holder

 

 

 

 

Order in which rights are exercised

[Senate Bill No. 14–Senator Sheehan]

 

Chap. 32–An Act providing for marshaling of assets.

 

[Approved February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all, of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons.

      Sec. 2.  Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some, but not all, of the same things, the person having the prior lien, if he can do so without risk of loss to himself, or of injustice to other persons, must resort to the property in the following order, on the demand of any party interested:

      1.  To the things upon which he has an exclusive lien;

      2.  To the things which are subject to the fewest subordinate liens;

      3.  In like manner inversely to the number of subordinate liens upon the same thing; and

      4.  When several things are within one of the foregoing classes, and subject to the same number of liens, resort must be had-

      (1) To the things which have not been transferred since the prior lien was created;

      (2) To the things which have been so transferred without a valuable consideration; and

      (3) To the things which have been so transferred for a valuable consideration in the inverse order of the transfer.

      Sec. 3.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 39ê

CHAPTER 33, SB 31

[Senate Bill No. 31–Senator Scott]

 

Chap. 33–An Act to regulate the use, supply and possession of narcotic drugs in the State of Nevada, and to provide penalties for the violation thereof.

 

[Approved February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Each and all of the following are hereby declared to be narcotic drugs: Cannabis indica, cocaine, opium, yen shee, morphine, codeine, heroin, anhalonium (peyote or mescal button), or any of the salts, derivatives or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives, or compounds.

      Sec. 2.  It shall be unlawful for any person to have in his possession any narcotic drug. Any person violating the provision of this section shall be guilty of a gross misdemeanor, and shall be punished accordingly.

      Sec. 3.  Where any person is convicted of a violation of the provisions of section 2 of this act and upon trial or upon a plea of guilty a prior conviction shall be proved against him, he shall be deemed guilty of a felony and be punished accordingly. The words “prior conviction” shall be construed as meaning a previous conviction at any time in any court in this or any other state for a violation of either the provisions of this act or of any statute or ordinance dealing with or regulating the use, supply or possession of any or all narcotic drugs.

      Sec. 4.  It shall be within the discretion of the judge pronouncing sentence upon any person for the violation of section 2 of this act to order that said person be confined for treatment for a part or all of his sentence of confinement, if same be imposed, in the Nevada state hospital for mental diseases, and it shall be the duty of the officer in charge of said institution to care for and provide treatment to all persons delivered to him in accordance with the provisions of this section. In case of such commitment, the county from which said person is committed shall pay to the officer in charge of said institution the sum of twenty ($20) dollars per month during the time such person is confined in said institution. No person shall be committed to said institution under the provisions of this section who shall have been previously committed thereto or treated therein.

      Sec. 5.  It shall be unlawful for any person to sell, furnish or give away, or to have in his possession for the purpose of sale, furnishing, or gift, any narcotic drug. Any person violating the provisions of this section shall be guilty of a felony, and shall be punished accordingly. Proof of the possession of any narcotic drug enclosed or wrapped in a package or container or otherwise arranged in such form as to be suitable or adapted for the purposes of sale shall be prima facie proof of possession for the purpose of sale.

 

 

 

 

 

 

 

 

 

 

Regulating use of narcotic drugs

 

 

 

Possession of such drugs a crime

 

Penalties

 

 

“Prior conviction” construed

 

 

Judge may commit addicts to Nevada hospital for mental diseases at county expense

 

 

 

 

 

 

Penalties for handling such drugs


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

ê1923 Statutes of Nevada, Page 40 (CHAPTER 33, SB 31)ê

 

Proof

 

 

Certain exceptions for doctors, etc.

 

 

 

 

 

 

 

Proportions of narcotics in prescriptions specified

 

 

 

 

Provisos

 

 

 

 

 

Record to be kept

 

 

 

 

 

 

 

Form of record

 

 

 

 

Books open to inspection

possession of any narcotic drug enclosed or wrapped in a package or container or otherwise arranged in such form as to be suitable or adapted for the purposes of sale shall be prima facie proof of possession for the purpose of sale.

      Sec. 6.  The provisions of this act shall not be applicable to the possession of narcotic drugs upon the written order or prescription of a physician, dentist, or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary surgeon it shall state the kind of animal for which ordered and shall be signed by the person giving the order or prescription. Such order or prescription shall be permanently retained on file by the person, firm, or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium, or one grain of morphine, or two grains of codeine, or one-half grain of heroin, or one grain of cocaine, excepting upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such order or prescription shall be made or delivered to any person, but the original shall be at all times open to inspection by the prescriber and by properly authorized officers of the law, and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to pharmacies legally licensed and doing business under the laws of the State of Nevada, or physicians, nor to each other, nor to the sale at retail by pharmacies to physicians, dentists, or veterinary surgeons duly licensed to practice in this state; provided further, that all such wholesale jobbers, wholesalers and manufacturers, in this section mentioned, shall, before delivery to any person, firm, or corporation of any of the articles in this section enumerated, make or cause to be made, in a book kept for that purpose only, an entry of the sale of any such article, stating the date of such sale and quantity and name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express, or freight, which book shall be substantially as follows:

 

Form of Record

 

Date

of Sale

Quantity and Name of Article

Name of Purchaser

How

Delivered

Name of Person Selling

 

And said books shall always be open for inspection by any peace officer or citizen, or any member of the board of pharmacy, or any inspector by them authorized, and such books shall be preserved for at least five years after the date of the last entry therein.


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

ê1923 Statutes of Nevada, Page 41 (CHAPTER 33, SB 31)ê

 

macy, or any inspector by them authorized, and such books shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary surgeon to furnish to, or prescribe for the use of any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, anhalonium, cannabis sativa, or chloral hydrate, or any salt, derivative, or compounds, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act; provided, that the above provision shall not apply to preparations sold or dispensed without a physician’s prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or four grains of Indian hemp in one fluid ounce, or if a solid preparation in one avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

 

 

Certain inhibitions

 

 

 

 

 

Provisos

 

 

 

 

 

 

Harmless prescriptions allowed

 

 

Penalty

 

________

 

CHAPTER 34, SB 50

[Senate Bill No. 50–Senator Meder]

 

Chap. 34–An Act to amend an act entitled “An act providing a general corporation law,” approved March 16, 1903, and all acts amendatory thereof or supplementary thereto.

 

[Approved February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 41 of the above-entitled act is hereby amended to read as follows:

      Section 41.  Any corporation of this state, organized under this act or by a special act of incorporation or under any general law in force at any time in the State of Nevada, excepting railroad corporations, may increase or decrease its capital stock, extend its corporate existence, change its name, the par value of the shares of its capital stock, or the location of its principal office in or out of this state, and fix any method of altering its by-laws permitted by this act in the manner prescribed in the foregoing section,

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain corporations may increase or decrease capital stock


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

ê1923 Statutes of Nevada, Page 42 (CHAPTER 34, SB 50)ê

 

 

 

Previous action legalized

manner prescribed in the foregoing section, and any corporation may in the same manner relinquish one or more branches of its business, or extend its business to such branches as might have been inserted in its original certificate of incorporation; provided, that any corporation of this state, except railroad corporations, which has exercised any of the powers, or caused to be done any of the acts hereinabove specified, in the manner provided by this act, shall be deemed to have possessed such powers as fully and to the same extent as if they had been expressly conferred upon such corporation by the terms and provisions of this act, and all such powers and acts are hereby ratified, confirmed and approved.

 

________

 

CHAPTER 35, SB 52

 

 

 

 

 

 

 

 

 

 

 

 

Certain sections repealed

[Senate Bill No. 52–Senator Bulmer]

 

Chap. 35–An Act to repeal sections 2, 3, 4, 5, 6, 7, and 8 of “An act to provide for obtaining correct statements of the financial conditions of the several counties of the state, and other matters of statistical information,” approved February 26, 1873.

 

[Approved February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections 2, 3, 4, 5, 6, 7, and 8 of the above-entitled act are hereby expressly repealed.

 

________

 

CHAPTER 36, AB 25

 

 

 

 

 

 

 

 

 

 

$500 for portrait of ex-Governor Boyle

 

 

 

 

Duties of controller and treasurer

[Assembly Bill No. 25–Mr. Geraghty]

 

Chap. 36–An Act to provide for an oil portrait of Emmet D. Boyle, ex-governor of the State of Nevada.

 

[Approved February 23, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five hundred dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the procuring of a framed portrait of Emmet D. Boyle, ex-governor of the State of Nevada, to be painted in oil colors, after the style and finish of the other portraits of ex-governors now in the capitol corridors, and to be uniform in size therewith. The board of examiners shall procure the portrait herein provided for.

      Sec. 2.  Upon delivery of said portrait to the secretary of state, and its acceptance by the board of examiners, the state controller is hereby directed to draw his warrant in favor of the artist employed for the sum of five hundred dollars, and the state treasurer is hereby directed to pay the same.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 43ê

CHAPTER 37, AB 64

[Assembly Bill No. 64–Mr. Whiteley]

 

Chap. 37–An Act to make the provisions of the national prohibition act of the United States of America the law of the State of Nevada; and to repeal an act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof,” enacted pursuant to direct vote of the people, general election, November 5, 1918; and to repeal all acts in conflict herewith; and other matters connected therewith.

 

[Became a law February 23, 1923, without Governor’s signature]

 

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

Assembly, do enact as follows:

 

      Section 1.  Nevada hereby recognizes the requirements of the eighteenth amendment to the constitution of the United States for its concurrent enforcement by Congress and the several states. To that end, the penal provisions of the Volstead act are hereby adopted as the law of this state; and the courts of this state are hereby vested with the jurisdiction, and the duty is hereby imposed upon all prosecuting attorneys, sheriffs, grand juries, magistrates and peace officers in the state, to enforce the same.

      Sec. 2.  All acts or omissions prohibited or declared unlawful by the eighteenth amendment to the constitution of the United States or by the Volstead act, or by both, are hereby prohibited and declared unlawful; and violations thereof are subject to the penalties provided in the Volstead act.

      Sec. 3.  Nevada hereby recognizes that its power to enforce the eighteenth amendment to the constitution of the United States should at all times be exercised in full concurrence with the exercise of the like power of Congress; and to that end, whenever Congress shall amend or repeal the Volstead act, or enact any other law to enforce the eighteenth amendment to the constitution of the United States, then the provisions of sections one and two of this act shall apply thereto.

      Sec. 4.  Nothing in this act shall be construed as limiting the power of any city to prohibit the manufacture, sale, transportation or possession of intoxicating liquors for beverage purposes; and all fines and forfeitures collected under any ordinance now or hereafter enacted in the exercise of such power shall be paid into the treasury of the city whose ordinance is violated.

      Sec. 5.  The phrase “Volstead Act,” as used herein, is defined as title two of the act of Congress enacted October 28, 1919; such title two being enacted under the authority of the eighteenth amendment to the constitution of the United States and providing for the enforcement thereof.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Volstead act adopted for Nevada

 

 

 

 

 

Same

 

 

 

Future enactments ratified

 

 

 

 

Cities may make further prohibition laws


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

ê1923 Statutes of Nevada, Page 44 (CHAPTER 37, AB 64)ê

 

“Volstead Act” defined

 

 

Each section independent

 

Previous acts repealed

defined as title two of the act of Congress enacted October 28, 1919; such title two being enacted under the authority of the eighteenth amendment to the constitution of the United States and providing for the enforcement thereof.

      Sec. 6.  Should any section or any portion of any section of this act be found unconstitutional, the remainder shall continue in full force and effect, it being expressly declared that such is the intention.

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed. This act expressly repeals an act entitled “An act to prohibit the manufacture, sale, keeping for sale, and gift, of malt, vinous and spirituous liquors, and other intoxicating drinks, mixtures or preparations, making the superintendent of the Nevada state police ex officio commissioner of prohibition, and defining his duties; and providing for the enforcement of this act, and prescribing penalties for the violation thereof,” enacted pursuant to direct vote of the people, general election, November 5, 1918.

 

________

 

CHAPTER 38, AB 12

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney-general to assist public prosecutors, when

 

 

 

County to pay expenses of attorney-general

[Assembly Bill No. 12–Mr. Kennedy]

 

Chap. 38–An Act providing under what conditions the services of the attorney-general may be requested in the trial of criminal proceedings in the various counties of the State of Nevada, authorizing and directing the county commissioners thereof to pay traveling expenses, board and lodging of the attorney-general in all such cases, and other matters properly connected therewith.

 

[Approved February 27, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  That in all criminal cases where, in the judgment of the district attorney, the personal presence of the attorney-general or the presence of a deputy is required in cases mentioned in section 2 hereof, before making a request upon the attorney-general for such assistance the district attorney must first present his reasons for making the request to the board of county commissioners of his county and have the said board adopt a resolution joining in said request to the attorney-general.

      Sec. 2.  That in all criminal cases where help is requested from the attorney-general’s office, as mentioned in section 1 hereof, in the presentation of criminal cases before a committing magistrate, grand jury, or district court, the board of county commissioners of the county making such request shall, upon the presentation to said board of a duly verified claim setting forth the expenses incurred, pay from the general funds of the county the actual and necessary traveling expenses of the attorney-general or his deputy from Carson City, Nevada, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such officer for board and lodging from the date such officer leaves until the date he returns to Carson City.


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

ê1923 Statutes of Nevada, Page 45 (CHAPTER 38, AB 12)ê

 

City, Nevada, to the place where such proceedings are held and return therefrom, and also pay the amount of money actually expended by such officer for board and lodging from the date such officer leaves until the date he returns to Carson City.

      Sec. 3.  This act shall not be construed as directing or requiring the attorney-general to appear in any proceedings mentioned in section 2 hereof, but in acting upon any such request the attorney-general may exercise his discretion, and his judgment in such matters shall be final.

 

 

 

This act not mandatory

 

________

 

CHAPTER 39, AB 45

[Assembly Bill No. 45–Mr. Meyers]

 

Chap. 39–An Act authorizing the board of capitol commissioners to make improvements and additions to the state water system.

 

[Approved February 27, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of capitol commissioners of the State of Nevada are authorized and empowered to lay and install an additional water main for fire protection to the state orphanage and also to make other needed alterations and improvements in the system supplying water to the capitol and other state buildings for fire and domestic purposes.

      Sec. 2.  The sum of $4,500 is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for such purposes, and the state controller is hereby directed to draw a warrant for such amount and the state treasurer authorized to pay the same.

 

 

 

 

 

 

 

 

 

 

Improvements in state waterworks

 

 

 

Appropriation, $4,500

 

________

 

CHAPTER 40, SB 48

[Senate Bill No. 48–Senator Fairchild]

 

Chap. 40–An Act to provide for the payment of deficiencies of the various state institutions and departments accrued during 1921 and 1922.

 

[Approved February 27, 1923]

 

      Whereas, During the years 1921 and 1922, the appropriations for the state prison and the state police were found inadequate to meet the expenses necessary to properly maintain these two departments; and

      Whereas, The boards, commissions and officers responsible for the expenditure of the above-named appropriations did present such conditions to the attention of the state board of examiners, as provided by law; and

      Whereas, Upon such presentation the state board of examiners by authority of chapter 165, Statutes of 1915, did declare an extreme emergency to exist, relative to the above-named appropriations,

 

 

 

 

 

 

 

Deficiencies in state departments


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

ê1923 Statutes of Nevada, Page 46 (CHAPTER 40, SB 48)ê

 

Deficiencies in state departments

 

 

 

 

 

 

 

 

 

 

 

Appropriation $45,750.65

declare an extreme emergency to exist, relative to the above-named appropriations, and by unanimous resolution did on the following dates authorize deficiencies as follows: State prison support, December 21, 1922, $15,000; Nevada state police, June 23, 1921, $25,000; December 21, 1922, $4,000; December 30, 1922, $3,500, and the amount actually expended in support of state police was $30,750.65; and

      Whereas, By authority of such deficiency resolution, claims were contracted by the departments and commissions named for the following amounts: State prison, $15,000; state police, $30,750.65, and deficiency warrants were issued therefor; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of $45,750.65 is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, for the payment of the deficiencies referred to in the preamble hereof, and the state controller is directed to draw his warrants for the various claimants, or their assignees, to whom the same is due, as shown by the deficiency warrants covering said amounts, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 41, SB 49

 

 

 

 

 

 

Relief of Carson Valley bank

[Senate Bill No. 49–Senator Meder]

 

Chap. 41–An Act for the relief of the Carson Valley bank.

 

[Approved February 27, 1923]

 

      Whereas, Lee L. Bright rendered services to the State of Nevada as a clerk in the state land office from January 1, 1921, to March 18, 1921, both dates inclusive, which services were reasonably worth the sum of four hundred thirty-three and 41/100 ($433.41) dollars at the rate under which he had been employed of one hundred sixty-six and 66/100 ($166.66) dollars per month; and

      Whereas, Such employment and service was known to the legislature of 1921 and provision for payment thereof was duly requested; and

      Whereas, The employment of a clerk in said state land office was terminated by the legislature without provision being made for payment for the services performed by said Lee L. Bright between the dates given; and

      Whereas, The state board of examiners did recognize the correctness of the said claim of Lee L. Bright by approving the same on April 27, 1921, in the amount of four hundred thirty-three and 41/100 ($433.41) dollars and by the passage on the same date, by unanimous vote, of a deficiency resolution covering same; and did request and arrange with the Carson Valley bank to pay the claim, agreeing with the said bank that it would recommend to the legislature that such claim with interest at the rate of eight per cent (8%) per annum from April 27, 1921, to date of payment thereof by the state should be repaid to the said bank, and the bank did pay the said claim on April 27, 1921; now, therefore,


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

ê1923 Statutes of Nevada, Page 47 (CHAPTER 41, SB 49)ê

 

such claim with interest at the rate of eight per cent (8%) per annum from April 27, 1921, to date of payment thereof by the state should be repaid to the said bank, and the bank did pay the said claim on April 27, 1921; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four hundred thirty-three and 41/100 ($433.41) dollars, together with interest at the rate of eight (8%) per cent per annum from April 27, 1921, to the date of approval of this act, is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the payment of the above-described claim to the Carson Valley bank; and the state controller is hereby authorized and directed to draw his warrant therefor and the state treasurer shall pay the same.

 

 

 

 

 

 

 

Appropriation, $433.41

 

________

 

CHAPTER 42, AB 90

[Assembly Bill No. 90–Mr. Whiteley]

 

Chap. 42–An Act to amend section 9 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, as amended by act approved March 22, 1921.

 

[Approved February 27, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  It shall be the duty of the governing board of every city, municipality, town, school district, county high school or high-school, district or educational district in this state between the first Monday of January and the first Monday of March of each year to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of such city, municipality, town, school district, county high school, or high-school district or educational district for the then current year. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission. The budget of any town or city or municipality shall in any event show the following detail:

TOWNS AND CITIES

Estimated Valuation:

Realty......................................................................................................................... ……….

Improvements........................................................................................................... ……….

Personal..................................................................................................................... ……….

 

Total........................................................................................................................... ……….

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governing boards to prepare annual budget

 

 

 

 

 

 

 

 

 

Form of budget

 


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

ê1923 Statutes of Nevada, Page 48 (CHAPTER 42, AB 90)ê

 

 

Form of budget

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School districts

 

 

 

Form of budget

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Budget, where filed

Requirements (Estimated)

Salaries of officials .........................................................................................               ……….

Other administrative expense .......................................................................               ……….

Police department ..........................................................................................               ……….

Fire department ..............................................................................................               ……….

Streets and alleys ...........................................................................................               ……….

Bond interest and redemption .....................................................................               ……….

Miscellaneous (itemized)...............................................................................               ……….

Special (itemized)............................................................................................               ……….

 

Total..................................................................................................................               ……….

 

Receipts (Estimated)

Licenses ..............................................................................             ……….

Police fines ..........................................................................             ……….

Other sources, excluding taxation (itemized) ................................. ...................................... ………....................................... ……….

Balance from taxation ....................................................................................               ……….

Rate necessary to produce, ……….

Cash on hand January 1 ...............................................................................               ……….

Balance due second half taxes, 19…… .......................................................               ……….

 

      And the budget of any school district, county high school or high-school district or educational district shall in any event show the following detail:

 

SCHOOL DISTRICTS

Estimated Valuation:

Realty.........................................................................................................               ……….

Improvements...........................................................................................               ……….

Personal.....................................................................................................               ……….

 

Total...........................................................................................................               ……….

 

Purpose                          Requirements (Estimated)                                         Amount

...............................                                                                                             .............................

 

Receipts (Estimated)

Excess surplus on hand and due..................................................................               ……….

Net amount required from tax levy...............................................................               ……….

Cash on hand January 1................................................................................               ……….

Estimated amount state apportionment second half 19….............................................................................. .......................................................................... ……….

Estimated amount county apportionment second half 19….............................................................................. .......................................................................... ……….

Operating surplus desired.............................................................................               ……….

Rate necessary to produce net requirement, .................

 

      Upon the preparation and completion of said budget, it shall be signed by the governing board of such city, town, municipality, school district, county high school, or high-school district, or educational district, and in cities or municipalities it shall be filed with the city clerk; and if of a town, school district, county high school, or high-school district or educational district, it shall be filed with the

auditor and recorder of the county wherein such town, school district, county high school, or high-school district or educational district is situated.


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

ê1923 Statutes of Nevada, Page 49 (CHAPTER 42, AB 90)ê

 

auditor and recorder of the county wherein such town, school district, county high school, or high-school district or educational district is situated. A copy of said budget shall be forthwith published for two publications, one week apart, in the official newspaper of the city, town or county, if there be one, or, if there be no official newspaper, then in a newspaper to be designated by the governing board of such city, municipality, town, school district, county high school, or high-school district or educational district.

      Whenever the budget filed by a board of school trustees shows that the estimated receipts from the semiannual school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the ensuing year, as required by law, the publication of the budget of such school district shall not be required.

 

 

Publication in newspaper required

 

 

 

Publication, when not required

 

________

 

CHAPTER 43, SB 56

[Senate Bill No. 56–Senator Scott]

 

Chap. 43–An Act to amend sections 4, 12, and 22 of an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended March 28, 1921, and set forth in volume 3, Revised Laws of Nevada, 1919, at pages 2713 to 2723.

 

[Approved February 27, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  All judicial offices and all school offices are hereby designated as nonpartisan offices, and the names of candidates for nonpartisan offices shall appear alike on the ballots of each political party without any party designation or party name thereafter.

      In any judicial district of this state having more than one district judge, each department thereof shall be a separate office for the purposes of nominating and electing the district judge thereof.

      (1) At least sixty days before the time for holding the September primary election in 1918, and biennially thereafter, the secretary of state shall prepare and transmit to each county clerk a notice in writing designating the offices for which candidates are to be nominated at such primary election.

      (2) Within ten days after receipt of such notice such county clerk shall publish so much thereof as may be applicable to his county, once is a newspaper published in such county.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending primary election law; nonpartisan offices

 

Each district judge separate office

 

Secretary of state to notify county clerks

 

 

Publication in newspaper


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

ê1923 Statutes of Nevada, Page 50 (CHAPTER 43, SB 56)ê

 

 

 

Ballots, regulations for

 

 

 

Official paper

 

 

 

Size of ballots

 

 

 

 

Style for ballots

 

 

 

 

 

 

 

 

 

 

 

 

Specifications as to type and form of ballot

      Sec. 2.  Section 12 of the above-entitled act is hereby amended to read as follows:

      Section 12.  All voting at primaries shall be by ballot. A separate official ballot for each party and for nonpartisan voters shall be printed and provided for use in each precinct, but such ballots must be alike in the designation of nonpartisan candidates. It shall be the duty of the county clerk of each county to provide such official printed ballots to be used at the primary. Such official ballots shall be printed on official paper furnished by the secretary of state in the manner provided in the general election laws. The names of all candidates who have filed the prescribed declarations or acceptance of candidacy shall be printed thereon.

      (a) Official primary ballots shall be not less than twelve inches wide, and enough wider to conform to the requirements of the following provisions of this section, and as long as the herein prescribed captions, headings, party designations, directions to voters, and lists of names of candidates, properly subdivided according to the several offices to be filled, may require.

      (b) Across the top of the ballot shall be printed in black-faced capital type, not smaller than forty-eight point, the words: “Official Primary Ballot.” Beneath this shall be printed in not smaller than eighteen-point type the name of the party, or “Nonpartisan Ballot,” and beneath this the name of the county and precinct wherein such ballot is to be used, together with the date of such primary.

      (c) At least three-eighths of an inch below the name of the county and precinct, as aforesaid, and the date of the primary, shall be printed in ten-point black-faced type, double-leaded, the following: “Instructions to Voters: To vote for a candidate stamp a cross (X) in the square at the right of the name of the person for whom you desire to vote, and in no other place.”

      (d) The “Instructions to Voters” shall be separated from the lists of candidates and the designation of the several officers for which nominations are to be made by one light and one heavy line of rule.

      (e) The names of the candidates shall be grouped according to the office for which they are candidates and the names in each group shall be placed with the surnames first and arranged alphabetically, and each group shall be preceded by the designation of the office for which the candidates seek nomination, and the words “Vote for one” or “Vote for two” or more, according to the number to be elected to such office at the ensuing general election. Such designation of the offices for which nominations are to be made and of the number of candidates to be nominated shall be printed in heavy-faced type, not smaller than eight-point. The word or words designating the office shall be printed flush with the left-hand margin, and the words “Vote for one” or “Vote for two” or more, as the case may be, shall extend to the extreme right of the column and over the voting square.


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

ê1923 Statutes of Nevada, Page 51 (CHAPTER 43, SB 56)ê

 

two” or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the directions for voting shall be separated from the names of the candidates by a light line.

      (f) The names of the candidates shall appear on the ballot in heavy-faced capital type not smaller than eight-point, between lines or rules, three-eighths of an inch apart. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting space at least three-eighths of an inch on each side.

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

      (g) All voting at the primary under the laws of this state shall be by ballot and the respective tickets of all political parties shall be printed on separate ballots, and the election officers shall not deliver any ballot to any elector other than the ballot containing the ticket of the party to which he belongs, as shown by the register; provided, that ballots showing names of nonpartisan candidates only shall be furnished to voters who have registered for the primary without declaring any party affiliations.

      (h) Where there is no party contest for any office the name of the candidate for party nomination shall be omitted from the ballot and shall be certified by the proper officer as a nominee of his party for such office.

      (i) The county clerk shall determine the size and shape of the ballot in such a way as to conform to the provisions of this act, using two, three, four, or five columns as shall be most convenient. Party ballots shall have an extra heavy black vertical line between the column or columns on the left in which the names of candidates for party offices are printed and the column or columns on the right in which the names of candidates for nonpartisan offices are printed.

      (j) In addition to the party ballots provided for in this section, the county clerk shall prepare and have printed a “Nonpartisan Primary Ballot,” which shall be the same, except as to size thereof, as the other official primary ballots; provided, that the names of all party candidates shall be omitted therefrom.

      Sec. 3.  Section 22 of the above-entitled act is hereby amended to read as follows:

      Section 22.  The party candidate who receives the highest vote at the primary shall be declared to be the nominee of his party for the November election. In the case of an office to which two or more candidates are to be elected at the November election, those party candidates equal in number to positions to be filled who receive the highest number of votes at the primary shall be declared the nominees of their party.

      In the case of a nonpartisan office, the candidates equal in number to twice the number to be elected to such office,

 

 

 

Type for candidates’ names

 

 

 

 

Ballots for nonpartisan voter

 

 

 

 

No contest; name omitted

 

Size and shape of ballot

 

 

 

 

 

Nonpartisan primary ballot

 

 

 

 

Who nominated


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

ê1923 Statutes of Nevada, Page 52 (CHAPTER 43, SB 56)ê

 

Nonpartisan offices

 

 

Proviso

number to twice the number to be elected to such office, or less, if so there be, who receive the highest number of votes shall be the candidates for such office at the ensuing election, and their names as such candidates shall be placed on the official ballot voted at the ensuing election; provided, however, that in case there is but one person to be elected at the November election to a nonpartisan office, any candidate who receives at the September primary election a majority of the total number of votes cast for all the candidates for such office shall be the only candidate for such office at the ensuing election.

 

________

 

CHAPTER 44, AB 14

 

 

“Uniform Fiduciaries Act”

 

 

 

 

 

 

 

Terms defined

 

“Bank”

 

“Fiduciary”

 

 

 

 

“Person”

 

“Principal”

“In good faith”

 

Application of payments made to fiduciaries

[Assembly Bill No. 14–Mr. Whiteley]

 

Chap. 44–An Act concerning liability for participation in breaches of fiduciary obligations and matters pertaining thereto, and to make uniform the law with reference thereto.

 

[Approved March 1, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definition of Terms.  (1) In this act, unless the context of subject-matter otherwise requires:

      “Bank” includes any person or association of persons, whether incorporated or not, carrying on the business of banking.

      “Fiduciary” includes a trustee under any trust, expressed, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.

      “Person” includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.

      “Principal” includes any person to whom a fiduciary as such owes an obligation.

      (2) A thing is done “in good faith” within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not.

      Sec. 2.  Application of Payments Made to Fiduciaries.  A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary.

      Sec. 3.  Registration of Transfer of Securities Held by Fiduciaries.


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

ê1923 Statutes of Nevada, Page 53 (CHAPTER 44, AB 14)ê

 

Fiduciaries.  If a fiduciary in whose name are registered any shares of stock, bonds or other securities of any corporation, public or private, or company or other association, or of any trust, transfers the same, such corporation or company or other association, or any of the managers of the trust, or its or their transfer agent, is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in making the transfer, or to see to the performance of the fiduciary obligation, and is liable for registering such transfer only where registration of the transfer is made with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the transfer, or with knowledge of such facts that the action in registering the transfer amounts to bad faith.

      Sec. 4.  Transfer of Negotiable Instrument by Fiduciary.  If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument.

      Sec. 5.  Check Drawn by Fiduciary Payable to Third Person.  If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that this action in taking the instrument amounts to bad faith. If, however, such instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.

Registration of transfer of securities held by fiduciaries

 

 

 

 

 

 

 

Transfer of negotiable instrument by fiduciary

 

 

 

 

 

 

 

 

 

 

 

 

Check drawn by fiduciary payable to third person


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

ê1923 Statutes of Nevada, Page 54 (CHAPTER 44, AB 14)ê

 

 

 

Check drawn by and payable to fiduciary

 

 

 

 

 

 

 

 

 

Deposit in name of fiduciary as such

 

 

 

 

 

 

 

 

Deposit in name of principal

 

 

 

 

 

 

 

 

Deposit in fiduciary’s personal account

or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument.

      Sec. 6.  Check Drawn by and Payable to Fiduciary.  If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of such breach or with knowledge of such facts that his action in taking the instrument amounts to bad faith.

      Sec. 7.  Deposit in Name of Fiduciary as Such.  If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

      Sec. 8.  Deposit in Name of Principal.  If a check is drawn upon the account of his principal in a bank by a fiduciary who is empowered to draw checks upon his principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check.

      Sec. 9.  Deposit in Fiduciary’s Personal Account.  If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon,


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

ê1923 Statutes of Nevada, Page 55 (CHAPTER 44, AB 14)ê

 

of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to indorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith.

      Sec. 10.  Deposit in Names of Two or More Trustees.  When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and neither the payee nor other holder nor the bank shall be liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith.

      Sec. 11.  Act Not Retroactive.  The provisions of this act shall not apply to transactions taking place prior to the time when it takes effect.

      Sec. 12.  Cases Not Provided for in Act.  In any case not provided for in this act the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply.

      Sec. 13.  Uniformity of Interpretation.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 14.  Short Title.  This act may be cited as the Uniform Fiduciaries Act.

      Sec. 15.  Inconsistent Laws Repealed.  All acts or parts of acts inconsistent with this act are hereby repealed.

      Sec. 16.  Time of Taking Effect.  This act shall take effect from and after its passage and approval.

Deposit in fiduciary’s personal account

 

 

 

 

 

 

 

 

 

Deposit in names of two or more trustees

 

 

 

 

 

 

Act not retroactive

 

Cases not provided for in act

 

 

Uniformity of interpretation

 

Short title

Inconsistent laws repealed

Time of taking effect

 

________

 

 


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

ê1923 Statutes of Nevada, Page 56ê

CHAPTER 45, AB 35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What teachers eligible for retirement salary

 

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

Disabled teachers may retire on certain proportions of retirement salary

[Assembly Bill No. 35–Mrs. Hays]

 

Chap. 45–An Act to amend sections 12 and 13 of an act entitled “An act to provide for the payment of retirement salaries to public-school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, as amended by act approved March 25, 1919.

 

[Approved March 1, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 12 of the above-entitled act is hereby amended so as to read as follows:

      Section 12.  Every public-school teacher who shall have complied with all the requirements of this act, and who shall have served as a legally qualified teacher in the public schools, or as a teacher in the state orphans home, or as a teacher in county normal schools, or partly as such teacher and partly as superintendent or supervising executive or educational administrator, for at least thirty school years, at least fifteen of which shall have been in the schools of this state as above specified, including the last ten years of service immediately preceding retirement, under a legal certificate, shall be entitled to retire; or, if physically or mentally incapacitated for the proper performance of the duties of teacher, may be compelled to retire by the board of education, school trustees, or other school authorities employing such teacher. Upon retirement, voluntary or involuntary, such teacher shall be entitled to receive during life an annual retirement salary of six hundred dollars, payable in installments quarterly by warrant drawn as provided in section seven of this act; provided, that application for such salary be made within two years after the last month of service or within two years after the approval of this act.

      Sec. 2.  Section 13 of the above-entitled act is hereby amended so as to read as follows:

      Section 13.  Any public-school teacher who shall have complied with all the requirements of this act and who shall have served as a legally qualified teacher for at least fifteen years in the public schools of this state, or as a teacher in the state orphans home, or as a teacher in county normal schools, or partly as such teacher and partly as superintendent or supervising executive or educational administrator, and who shall have by reason of bodily or mental infirmity become physically or mentally incapacitated for further school service, under a legal certificate, shall be entitled to retire, or may, by the board of education, school trustees, or other school authorities employing such teacher, be compelled to retire. Upon retirement, voluntary or involuntary, such teacher shall be entitled to receive during the period of such disability an annual retirement salary, payable in installments quarterly, which shall be the same fraction of the maximum retirement salary of six hundred dollars as said teacher’s time of service is of thirty years; provided, that application for such retirement salary shall be made within two years of the last month of service or within two years after the approval of this act.


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

ê1923 Statutes of Nevada, Page 57 (CHAPTER 45, AB 35)ê

 

fraction of the maximum retirement salary of six hundred dollars as said teacher’s time of service is of thirty years; provided, that application for such retirement salary shall be made within two years of the last month of service or within two years after the approval of this act.

 

Proviso

 

________

 

CHAPTER 46, AB 77

[Assembly Bill No. 77–Mr. Whitesides]

 

Chap. 46–An Act to amend section 2 of an act entitled “An act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, and making an appropriation therefor,” approved March 22, 1921.

 

[Approved March 1, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act is hereby amended so as to read as follows:

      Section 2.  A commercial well is hereby defined as a well that produces equivalent of forty barrels of oil each day of twenty-four hours for a period of ten successive days.

 

 

 

 

 

 

 

 

 

 

 

 

 

Commercial oil well defined

 

________

 

CHAPTER 47, SB 7

[Senate Bill No. 7–Committee on Labor]

 

Chap. 47–An Act regulating the sanitation and ventilation in and at camps where five or more persons are employed; and providing a penalty for the violation thereof.

 

[Approved March 2, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  In or at any highway-construction camp where five or more persons are employed, bunk houses, tents or other suitable sleeping places must be provided for all the employees. Such bunk houses, tents, or other sleeping places must be in good structural condition, and so constructed as to provide shelter to the occupants against the elements and so as to exclude dampness in inclement weather. The bunk houses, tents and other sleeping places shall be kept in a cleanly state, and free from vermin and matter of an infectious and contagious nature, and the grounds around such bunk houses, tents or other sleeping places shall be kept clean and free from accumulations of dirt, filth, garbage and other deleterious matter.

      Sec. 2.  Every bunk house, tent or other sleeping place used for the purpose of a lodging or sleeping apartment in such camp, shall contain sufficient air space to insure an adequate supply of fresh air for each person occupying such bunk house, tent or other sleeping place. Suitable bunks or beds shall be provided for all employees.

 

 

 

 

 

 

 

 

 

 

 

Road camps, etc., must be kept clean and sanitary

 

 

 

 

 

 

Air space must be ample


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

ê1923 Statutes of Nevada, Page 58 (CHAPTER 47, SB 7)ê

 

 

 

Space defined

 

 

Mattress, when

 

 

 

Food must be prepared sanitarily

 

 

 

 

Toilet facilities must be provided

 

 

 

 

 

Garbage, etc., must be removed daily

 

 

 

 

Duty of employer to observe regulations

beds shall be provided for all employees. Such bunks or beds shall be made of steel, canvas or other sanitary material, and shall be so constructed as to afford reasonable comfort to the persons occupying same. A clear space of at least twenty inches extending from the floor to the ceiling or roof of any bunk house, tent or other sleeping place must be allowed between each bed or bunk in any bunk house, tent or sleeping place. Upon the request of an employee he must be supplied with a mattress or some equally comfortable bedding for which a reasonable charge may be made, the same to be deducted from his wages. When straw or other substitute for a mattress is used a container or tick must be provided.

      Sec. 3.  Every mess house, dining room, mess tent, dining tent, kitchen or other structure where food is cooked, prepared or served in such camp shall be kept in a clean and sanitary state, and the openings of such structures shall be screened. All dishes, cooking utensils, or other vessels in which food is prepared or kept, or from which food is to be eaten, and all knives, forks, spoons and other implements used in the eating of food must be kept in a clean, unbroken and sanitary condition.

      Sec. 4.  For every such camp there shall be provided convenient and suitable privy or other toilet facilities, which shall be kept in a clean and sanitary state. A privy other than a water-closet shall consist of a pit at least two feet deep, with suitable shelter over same, and the openings of the shelter and pit shall be enclosed by screening or other suitable fly netting. No privy pit shall be filled with excreta to nearer than one foot from the surface of the ground and the excreta in the pit shall be covered with earth, ashes, lime or other similar substance.

      Sec. 5.  All garbage, kitchen wastes and other rubbish in such camp shall be deposited in suitable covered receptacles which shall be emptied daily or oftener if necessary, and the contents burned, buried or otherwise disposed of in such a way as not to be or become offensive or insanitary. All drainage from the kitchen sink shall be carried through a covered drain to a covered cesspool or septic tank or otherwise disposed of in such a way as not to become offensive or insanitary.

      Sec. 6.  It shall be the duty of any person, firm, corporation, agent or officer of a firm or corporation employing persons to work in or at camps to which the provisions of this act apply and the superintendent or overseer in charge of the work in or at such camps to carry out the provisions of this act. At every such camp such owner, superintendent or overseer shall appoint a responsible person to assist in keeping the camp clean.

      Sec. 7.  The state board of health of Nevada shall administer this act and shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of this law.


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

ê1923 Statutes of Nevada, Page 59 (CHAPTER 47, SB 7)ê

 

tions as will tend to insure the observance of this law. The county health officers of the counties of the State of Nevada shall secure the enforcement of the provisions of this act and for such purposes the officers and agents of the state board of health or the county health officers shall have the right to enter upon either public or private property within the state to determine whether or not there exists upon such property any camp to which the provisions of this act may apply; and to enter and inspect all camps within the State of Nevada wheresoever the same may be situated, and to inspect all accommodations, equipment or paraphernalia connected therewith; and to enter upon and inspect all adjacent land surrounding the said or any such camp, to determine whether or not the sanitary and other requirements of this act have been or are being complied with. Any camp coming under the provisions of this act which does not conform to the provisions of this act is hereby declared a public nuisance and if not made to so conform within five days or within such longer period of time as may be allowed by the state board of health, or county health officer, after written notice given by the said board, or county health officer, shall be abated by proper action brought for that purpose in the district court of the county in which such camp, or the greater portion thereof, is situated.

      Sec. 8.  Any person, firm, corporation, agent or officer of a firm or corporation or any superintendent or overseer in charge of the work in or at any camp coming under the provisions of this act who shall violate or fail to comply with the provisions of this act is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment.

State board of health and county health officers to administer this act

 

 

Must inspect camps, etc.

 

 

 

 

 

 

Insanitary camps abated, when

 

Penalty; misdemeanor

 

________

 

CHAPTER 48, SB 41

[Senate Bill No. 41–Senator Chapin]

 

Chap. 48–An Act to accept on behalf of the State of Nevada the provisions of an act of Congress entitled “An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes,” approved November 23, 1921, creating and designating an agency to cooperate with the children’s bureau in carrying out the provisions of said act, and other matters relating thereto.

 

[Approved March 2, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada hereby accepts the provisions of an act of Congress entitled “An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes,” approved November 23, 1921, and hereby creates the child welfare division of the state board of health, which shall cooperate with the children’s bureau of the United States department of labor in the administration of said act of Congress, commonly known and hereafter referred to as the Sheppard-Towner bill.

 

 

 

 

 

 

 

 

 

 

 

Accepting provisions of Sheppard-Towner bill as to welfare and hygiene of maternity and infancy


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

ê1923 Statutes of Nevada, Page 60 (CHAPTER 48, SB 41)ê

 

 

 

 

 

Child welfare division of state board of health; five members

 

 

 

 

Division to submit plans to federal board

 

 

 

 

 

 

 

State treasurer custodian of funds

 

State appropriation, $5,522

 

 

 

 

 

 

 

Parents to determine treatment of their children

1921, and hereby creates the child welfare division of the state board of health, which shall cooperate with the children’s bureau of the United States department of labor in the administration of said act of Congress, commonly known and hereafter referred to as the Sheppard-Towner bill.

      Sec. 2.  The child welfare division of the state board of health shall consist of five members who shall be appointed by the governor to hold office for four years and until their successors are appointed and qualify. The members of said child welfare division of the state board of health shall each and all of them serve without compensation. The members of said bureau so appointed by the governor shall meet at the state capitol on the first Monday of April, 1923, and shall elect a chairman from among their members.

      Sec. 3.  The child welfare division of the state board of health shall as soon as possible after its appointment and organization submit detailed plans for carrying out the provisions of the Sheppard-Towner bill in the State of Nevada to the children’s bureau of the United States department of labor for approval by the federal board of maternity and infant hygiene. When such detailed plans are approved by said federal board, it shall be the duty of the child welfare division of the state board of health to carry the same into effect. Said child welfare division of the state board of health may from time to time, with the approval of the federal board of maternity and hygiene, alter or amend said plan or any plan subsequently adopted and approved.

      Sec. 4.  The state treasurer is hereby designated and appointed as custodian of moneys paid to the state from appropriations made by said act and of moneys hereinafter appropriated by the state for this purpose.

      Sec. 5.  For the purpose of carrying out the provisions of this act and cooperating with the federal government in the administration of said Sheppard-Towner bill, and for the purpose of carrying into effect the detailed plan or plans adopted by the child welfare division of the state board of health and approved by the federal board of maternity and infant hygiene the sum of five thousand five hundred twenty-two ($5,522) dollars is annually appropriated out of any moneys in the state treasury not otherwise appropriated. All bills shall be approved by a majority of the members of the child welfare division of the state board of health, and when so approved shall be audited and paid as other bills against the state.

      Sec. 6.  No official, agent or representative of the child welfare division of the state board of health shall by virtue of this act have any right to enter any home over the objection of the owner thereof, or to take charge of any child over the objection of the parents, or either of them, or of the person standing in loco parentis or having custody of such child.


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

ê1923 Statutes of Nevada, Page 61 (CHAPTER 48, SB 41)ê

 

child. Nothing in this act shall be construed as limiting the power of a parent or guardian or person standing in loco parentis to determine what treatment or correction shall be provided for a child or the agency or agencies to be employed for such purpose.

 

 

________

 

CHAPTER 49, SB 42

[Senate Bill No. 42–Senator Chapin]

 

Chap. 49–An Act ratifying the acceptance by the governor of the State of Nevada of an act of Congress entitled “An act for the promotion of the welfare and hygiene of maternity and infancy,” approved November 23, 1921.

 

[Approved March 2, 1923]

 

      Whereas, An act entitled “An act for the promotion of the welfare and hygiene of maternity and infancy” was enacted by the Congress of the United States and approved November 23, 1921; and

      Whereas, Since that time no session of the legislature of the State of Nevada has been held; and

      Whereas, The Honorable Emmet D. Boyle, governor of the State of Nevada, on the 12th day of May, 1922, accepted the provisions of said act of Congress and designated the state board of health through a division thereof known and called child welfare division of the state board of health as a state agency with which the children’s bureau referred to in said act of Congress shall cooperate as provided in said act in the administration of the provisions of said act of Congress; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the action of the governor, Emmet D. Boyle, in accepting the benefits of said act of Congress and appointing the child welfare division of the state board of health as the state agency to administer the provisions of said act of Congress and to cooperate with the children’s bureau until six months after the adjournment of the first regular session of the legislature of Nevada, which will meet on the third Monday in January, 1923, and until such further time as may be provided by law, is hereby ratified, confirmed, and approved.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

Child welfare division of state board of health

 

 

 

 

 

 

 

 

Ratifying action of ex-Governor Boyle

 

________

 

 


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

ê1923 Statutes of Nevada, Page 62ê

CHAPTER 50, AB 5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County licenses for billiard halls, theaters, gambling, dance halls, etc.

 

 

 

 

 

Sheriff may grant temporary permit

 

 

 

 

 

 

 

Personnel of license board

 

Powers of license board

[Assembly Bill No. 5–Mr. Swanson]

 

Chap. 50–An Act to create a county license board; to provide for the fixing and imposing of license fees and the issuance and revocation of licenses thereby for billiard or pool halls, dancing-halls, bowling alleys, theaters, soft-drink establishments, gambling games or devices permitted by law, and other places of amusement, entertainment, or recreation; defining its powers and duties; and other matters relating thereto.

 

[Approved March 3, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing-hall, bowling alley, theater, soft-drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment, or recreation, outside of an incorporated city or incorporated town, shall first make application, by petition, to the license board, as provided in section 2 of this act, of the county in which any such business is to be engaged in, for a county license of the kind desired, and file the same, with the required license fee, with the county license collector, who shall present the same to said license board at its next regular meeting, and said board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board, which board shall then and there grant or refuse the license prayed for; provided, that the sheriff may, in his discretion, grant a temporary permit to such applicant, valid only until the next regular meeting of said board; provided, however, that in unincorporated towns and cities governed under the provisions of that certain act of the legislature of this state entitled “An act providing for the government of the towns and cities of this state,” approved February 26, 1881, and acts amendatory thereof, the license board herein provided for shall have the exclusive power to license and regulate the businesses herein set forth.

      Sec. 2.  The board of county commissioners, the sheriff, and the district attorney of the county shall constitute such license board, and the county clerk shall be the clerk thereof, in the respective counties of this state.

      Sec. 3.  Such board is hereby authorized, empowered, and commissioned to act, for the purposes of this act (without further compensation to said board or the clerk thereof) as a license board to fix and impose license fees and to grant or refuse licenses upon the businesses herein mentioned, and to revoke the same whenever there is, in the judgment of the board, sufficient reason for such revocation. A majority vote of the members of the license board present shall govern in the transaction of all business, and three members thereof shall constitute a quorum for the transaction of business.


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

ê1923 Statutes of Nevada, Page 63 (CHAPTER 50, AB 5)ê

 

of the members of the license board present shall govern in the transaction of all business, and three members thereof shall constitute a quorum for the transaction of business.

      Sec. 4.  Any person, firm, association of persons, or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.

 

 

 

Penalty

 

________

 

CHAPTER 51, AB 76

[Assembly Bill No. 76–Mr. Garaventa]

 

Chap. 51–An Act to amend section 3 of an act entitled “An act to fix the fees and mileage of witnesses and jurors, providing the manner and payment thereof, and to repeal all acts and parts of acts in conflict herewith,” approved March 26, 1919.

 

[Approved March 3, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

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

      Where criminal or quasi-criminal cases originating in the municipal court of an incorporated town or city are brought before the district court, the county clerk shall give said statement of the amounts due to witnesses or jurors, in the manner and form as hereinbefore provided, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the treasurer of said town or city to pay the same.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pay-roll of jurors and witnesses

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Cities pay fees, when


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

ê1923 Statutes of Nevada, Page 64 (CHAPTER 51, AB 76)ê

 

Cities pay fees, when

pay the same. Upon the production of the order, or a certified copy thereof, the treasurer of said town or city shall pay the sum specified therein out of any fund in the town or city treasury not otherwise specially appropriated or set apart. It shall not be necessary for such order to be otherwise audited or approved.

 

________

 

CHAPTER 52, AB 72

 

 

 

 

 

 

 

 

 

 

 

Appropriation of $3,000 for state agricultural society

 

No state money used for racing prizes

[Assembly Bill No. 72–Mr. Long]

 

Chap. 52–An Act granting aid to the state agricultural society for the purpose of holding state fairs, the payment of premiums, and other purposes; and other matters connected therewith.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three thousand dollars for each of the years 1923 and 1924 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years.

      Sec. 2.  The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded, and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys herein appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing.

 

________

 

CHAPTER 53, SB 54

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning labor commissioner

[Senate Bill No. 54–Senator Bulmer]

 

Chap. 53–An Act to amend section two and to repeal section three of an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915.

 

[Approved March 5, 1923]

 

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 to read as follows:

      Section 2.  Said commissioner shall collect and systematize and present in biennial reports to the governor and legislature, such statistical details relating to labor in the state as said commissioner may deem essential to further the objects of this act.


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

ê1923 Statutes of Nevada, Page 65 (CHAPTER 53, SB 54)ê

 

      Sec. 2.  Section three of an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, is hereby repealed.

Certain section repealed

 

________

 

CHAPTER 54, SB 61

[Senate Bill No. 61–Senator Fairchild]

 

Chap. 54–An Act to repeal an act entitled “An act creating the Northeastern Nevada agricultural board; defining its purpose, and prescribing its duties; providing for cooperation with the agricultural extension division, University of Nevada, and other matters relating thereto, and making an appropriation therefor,” approved March 24, 1917, and providing for the disposition of the records, property and effects of the said board.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  “An act creating the Northeastern Nevada agricultural board; defining its purpose, and prescribing its duties; providing for cooperation with the agricultural extension division, University of Nevada, and other matters relating thereto, and making an appropriation therefor,” approved March 24, 1917, is hereby repealed.

      Sec. 2.  Upon the taking effect of this act, the Northeastern Nevada agricultural board shall deliver to the Elko County Farm Bureau, Inc., all records, property and effects belonging to or theretofore in any manner acquired by said board.

      Sec. 3.  Any and all other acts or parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act creating Northeastern Nevada agricultural board repealed

 

Disposal of property of said board

 

Repeal

 

________

 

CHAPTER 55, SB 64

[Senate Bill No. 64–Senator Sheehan]

 

Chap. 55–An Act to amend section 1 of an act entitled “An act to provide a fee bill for the office of secretary of state,” approved March 24, 1913, as amended March 22, 1921.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section one of an act entitled “An act to provide a fee bill for the office of secretary of state,” approved March 24, 1913, and amended March 22, 1921, is hereby amended to read as follows:

 

 

 

 

 

 

 

 

 

 

 

Amending fee-bill act for secretary of state


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

ê1923 Statutes of Nevada, Page 66 (CHAPTER 55, SB 64)ê

 

Fees of secretary of state

      Section 1.  The secretary of state of the State of Nevada shall be allowed to charge and to collect the following fees; provided, however, that said secretary of state shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada, or any county, city, or town thereof, or any officer thereof in his official capacity, or for attesting extradition papers for other states:

      On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state for the use of the state: For certificate of articles of incorporation, twenty (20) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than fifty ($50) dollars; consolidation and merger of corporations, twenty (20) cents for each thousand dollars capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than twenty ($20) dollars; increase of capital stock, twenty (20) cents for each thousand dollars of the total increase authorized, but in no case less than twenty ($20) dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate of articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, the increase or decrease of par value of or number of shares, twenty ($20) dollars; for filing list of officers and directors or trustees and name of agent in charge of principal office, two dollars ($2); notice of removal of principal place of business, other than by amendment, two dollars ($2); for comparing any document to be certified when copy thereof is furnished, if any corrections are required to be made therein before certifying thereto, forty (40) cents for each folio of one hundred words of said document so compared; for certifying to copy of articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, ten ($10) dollars; for certifying to authorized printed copy of the general corporation laws, as compiled by the secretary of state, ten ($10) dollars; for all certificates not hereby provided for, ten ($10) dollars; provided, that no fees shall be required to be paid by any religious or charitable society or educational association having no capital stock; and provided further, that foreign incorporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, except that, where a foreign corporation is organized without fixing or stating a par value to its authorized capital stock, or where its articles or charter, or the legislative, executive, or other governmental acts or other instrument of authority, under which it was created, required by law to be filed in the office of the secretary of state, do not fix or state any par value to its authorized capital stock, then, for the purpose of taxes and fees to be paid to the secretary of state, upon qualifying before carrying on the business in this state, but for no other purpose, the authorized capital stock of such foreign corporation shall be taken to be of the par value of one hundred dollars per share.


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ê1923 Statutes of Nevada, Page 67 (CHAPTER 55, SB 64)ê

 

acts or other instrument of authority, under which it was created, required by law to be filed in the office of the secretary of state, do not fix or state any par value to its authorized capital stock, then, for the purpose of taxes and fees to be paid to the secretary of state, upon qualifying before carrying on the business in this state, but for no other purpose, the authorized capital stock of such foreign corporation shall be taken to be of the par value of one hundred dollars per share.

      Each and every civil officer of this state, except commissioners of deeds and notaries public, shall, at the time of the issuance of his commission and before entering upon the duties of his office, pay a fee to the secretary of state on the basis of five ($5) dollars where the salary is thirty-six hundred ($3,600) dollars per year or less, and two ($2) dollars on each additional one thousand ($1,000) dollars or major fraction thereof per year; for a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in this office, forty (40) cents per folio; for certifying to any such copy and use of state seal, ten ($10) dollars for each impression; for filing and recording each official bond, ten ($10) dollars; for filing and recording trade-marks and names, ten ($10) dollars; for each passport and other document, signed by the governor and attested by the secretary of state, ten ($10) dollars; for each commission as notary public, ten ($10) dollars; for each commission as commissioner of deeds, ten ($10) dollars; for each commission signed by the governor and attested by the secretary of state, other than notaries public and commissioner of deeds, ten ($10) dollars; for each commission issued by the governor to staff or line officers of the militia of the State of Nevada, no charge; all commissions issued to directors of the Nevada state agricultural society, or to any agricultural society now organized, or that may be hereafter organized, shall be free. For searching records or archives of the state, and other records and documents kept in his office, he shall charge a reasonable fee. For each certificate of qualification, issued to surety companies, ten ($10) dollars. For filing and indexing certificate of mortgage or discharge of mortgage on live stock, vehicles and other migratory property, fifty (50) cents. For each certificate of mortgage, or discharge of mortgage, on live stock, vehicles and other migratory property, one ($1) dollar.

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

Fees of secretary of state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

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ê1923 Statutes of Nevada, Page 68ê

CHAPTER 56, SB 76

 

 

 

 

 

 

 

 

 

 

 

 

New section added to sheep commission act

 

 

 

 

 

Tax of 1 mill

 

 

 

Repeal

[Senate Bill No. 76–Senator Sheehan]

 

Chap. 56–An Act to amend an act entitled “An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensation, and providing penalties for the violation hereof,” approved March 25, 1919.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby added to the above-entitled act a new section, to be known as and called section 10a, to read as follows:

      Section 10a.  The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any such enumerated purposes not to exceed an amount equivalent to a levy of one mill on the dollar of the total tax valuation for the preceding year on sheep under its jurisdiction. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club, or other organization as herein provided.

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

 

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CHAPTER 57, SB 77

 

 

 

 

 

 

 

 

 

 

 

Adding new section to stock commission act

 

 

 

 

 

Tax of 1 mill

[Senate Bill No. 77–Senator Sheehan]

 

Chap. 57–An Act to amend “An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,” approved March 26, 1915.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby added to the above-entitled act a new section, to be numbered section 6b, and to read as follows:

      Section 6b.  The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the livestock interests of the state, and may directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purpose or objects, pay annually out of the stock inspection fund for any of such enumerated purposes not to exceed an amount equivalent to a levy of one mill on the dollar of total tax valuation for the preceding year on live stock under its jurisdiction.


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ê1923 Statutes of Nevada, Page 69 (CHAPTER 57, SB 77)ê

 

preceding year on live stock under its jurisdiction. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club or other organization as herein provided.

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

 

 

 

Repeal

 

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CHAPTER 58, SB 82

[Senate Bill No. 82–Senator Penrose]

 

Chap. 58–An Act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act the following-named officers of Lyon County, Nevada, shall be, and are hereby consolidated, to wit:

      The sheriff shall be ex officio county assessor and bullion tax collector; the clerk shall be the ex officio county treasurer and ex officio tax receiver; the recorder shall be ex officio county auditor.

      Sec. 2.  The sheriff, for services as sheriff, shall receive the sum of one thousand two hundred dollars per annum, and for his services as ex officio county assessor and ex officio collector of licenses and bullion tax collector, the sum of two thousand one hundred dollars per annum, payable in twelve equal installments, at the end of each calendar month.

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Lyon County

Sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deputy sheriff


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ê1923 Statutes of Nevada, Page 70 (CHAPTER 58, SB 82)ê

 

Additional deputies, when

 

 

 

County clerk

 

 

 

 

 

 

 

 

Deputy clerk

 

Additional deputies, when

 

 

 

Recorder and auditor

 

 

 

 

Deputy recorder

 

 

 

 

 

 

Additional deputies, when

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

      Sec. 3.  The county clerk, for services as county clerk, shall receive the sum of six hundred dollars per annum, and for his services as ex officio county treasurer and ex officio tax receiver, the sum of one thousand five hundred and sixty dollars per annum, payable in equal monthly installments.

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

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

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

      Sec. 4.  The county recorder, for services as county recorder, shall receive the sum of six hundred dollars per annum, and for his services as ex officio county auditor, shall receive the sum of one thousand four hundred dollars per annum, payable in twelve monthly installments, which shall be in full compensation for all services rendered as recorder and ex officio auditor.

      He shall have authority to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve equal monthly installments.

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

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


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ê1923 Statutes of Nevada, Page 71 (CHAPTER 58, SB 82)ê

 

salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      Sec. 5.  The county commissioners shall each receive a salary of nine hundred dollars, payable in twelve equal monthly installments; they shall also be entitled to mileage at the rate of not to exceed twenty cents per mile in going to and returning from their respective residences to the county-seat, over the shortest practicable route available, in attendance upon meetings of the board of county commissioners, and any other necessary incurred traveling expenses.

      Sec. 6.  The district attorney shall receive the sum of twenty twenty-four hundred dollars per annum, payable in twelve equal monthly installments, and also shall be allowed his actual traveling and other necessary expenses incurred in the discharge of his duties as district attorney. Said salary and expenses shall be in full compensation for all services rendered, and all fees or commissions collected by him in his official capacity on tax suits, or otherwise, shall be paid into the county treasury upon the first day of each and every month.

      Said district attorney may, when the public needs of the county require it, and when authorized by the board of county commissioners, appoint one or more deputy district attorneys, whose appointment shall be for such time as said board of county commissioners shall deem necessary, the compensation of such deputies to be fixed and approved by the board of county commissioners.

      Sec. 7.  This act shall take effect from and after the date of its passage and approval.

      Sec. 8.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

County commissioners

 

 

 

 

 

District attorney

 

 

 

 

 

 

Deputy district attorneys, when

 

 

 

In effect

 

Conflicting acts repealed

 

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CHAPTER 59, SB 85

[Senate Bill No. 85–Senator Smith]

 

Chap. 59–An Act to amend section 14 of an act entitled “An act to provide for the taking care of the insane of the State of Nevada,” approved February 24, 1881, and being section 2203 of the Revised Laws of Nevada, 1912.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 14 of the above-entitled act is hereby amended so as to read as follows:

      Section 14.  The board of commissioners shall elect one resident physician who shall be the general superintendent of the asylum, subject at all times to the order and direction of said board, who shall have power at any time to discharge and remove said superintendent whenever in their judgment it shall be deemed proper for the best interest of the state.

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent Nevada hospital for mental diseases


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ê1923 Statutes of Nevada, Page 72 (CHAPTER 59, SB 85)ê

 

Annual salary, $3,600

it shall be deemed proper for the best interest of the state. The superintendent so elected shall reside at the asylum, be a graduate in medicine, and receive a salary of thirty-six hundred dollars per year, payable monthly, in equal installments. He shall cause to be kept a fair and full account of all his doings, and of the entire business and operations of the institution, and submit a monthly report to the board of commissioners. The superintendent shall employ all necessary help needed at the asylum, subject to the approval of the board of commissioners.

 

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CHAPTER 60, SB 88

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abolishing Southern Nevada experiment farm

 

 

Capitol commissioners to dispose of property

 

 

 

Conflicting acts repealed

[Senate Bill No. 88–Senator Scott]

 

Chap. 60–An Act to repeal an act entitled “An act for the advancement of agriculture, horticulture, the livestock industry and home economics, and for the dissemination of knowledge and information in relation thereto, in southern Nevada; creating the Southern Nevada agricultural board and prescribing its duties; providing for cooperative agricultural extension work in southern Nevada by agreement with the agricultural extension division, University of Nevada; making an appropriation therefor; repealing ‘An act to establish an agricultural experiment farm in the southern part of this state, and making an appropriation therefor,’ approved March 2, 1905, and all acts amendatory and supplemental thereto, and for other purposes,” approved March 21, 1917, as amended February 27, 1919, and February 17, 1921; and providing for the disposition of the records, property and effects of the said board.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby repealed.

      Sec. 2.  The Southern Nevada agricultural board shall forthwith deliver to the Clark County Farm Bureau, Inc., all records, property and effects belonging to or heretofore in any manner acquired by said board, including the right to the proceeds from the sale or lease of the Logan agricultural experiment farm, heretofore set aside for the use and benefit of said board.

      Sec. 3.  The board of capitol commissioners is hereby authorized and directed to make, execute and deliver proper conveyance to Clark County Farm Bureau, Inc., of all that certain property situated in the city of Las Vegas heretofore purchased for the benefit of said Southern Nevada agricultural board and now held in the name of the State of Nevada.

      Sec. 4.  Any and all other acts and parts of acts in conflict herewith are hereby repealed.

 

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ê1923 Statutes of Nevada, Page 73ê

CHAPTER 61, SB 89

[Senate Bill No. 89–Senator Scott]

 

Chap. 61–An Act to continue the advancement of agriculture, horticulture, the livestock industry and home economics, and the dissemination of knowledge and information relative thereto in eastern Nevada, and making an appropriation therefor.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  To continue work begun by the Northeastern Nevada agricultural board and the Southern Nevada agricultural board, the sum of six thousand two hundred fifty dollars annually, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated.

      Sec. 2.  The director of the agricultural extension division, University of Nevada, shall annually file with the state controller, a detailed budget of the expenditures to be made from this appropriation which shall provide for cooperative agricultural extension work in eastern Nevada, as defined in the Smith-Lever act of Congress, showing the various counties in which said funds are to be expended. Said appropriation shall be disbursed only in pursuance of said budget, on claims certified by the county farm bureau, inc., of the county in which said expenditure is made, and by the director of the agricultural extension division, University of Nevada, in the same manner as other claims against the state are paid.

      Sec. 3.  Any and all other acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Continuing work of agricultural boards; annual appropriation, $6,250

Annual budget

 

 

 

 

 

 

 

 

Conflicting acts repealed

 

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CHAPTER 62, SB 99

[Senate Bill No. 99–Senator Fairchild]

 

Chap. 62–An Act to provide for the completion of the new state prison; providing for the issuance and sale of bonds therefor, and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, the state controller and the state treasurer are hereby constituted a commission and hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada, in the sum of one hundred thousand ($100,000) dollars, the proceeds from the sale of which bonds are hereby appropriated for the purpose of completing the construction of the Nevada state prison.

      Said bonds shall be of the denomination of one thousand ($1,000) dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in the order of their issuance.

 

 

 

 

 

 

 

 

 

 

 

$100,000 bonds for completion of new state prison

 

 

Denomination of bonds


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ê1923 Statutes of Nevada, Page 74 (CHAPTER 62, SB 99)ê

 

 

 

Interest, 5%

 

 

 

Bonds to be sold to state permanent school fund

 

 

 

Annual tax for interest and redemption

 

 

 

 

 

Completion of prison authorized

States, and shall be numbered serially, and when retired shall be retired in the order of their issuance.

      Said bonds shall be signed by the governor, endorsed by the state treasurer, countersigned by the state controller and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five (5) per cent, per annum, payable semiannually, and shall be payable within twenty years from the date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund at par and accrued interest to the date of delivery. At least four of said bonds of one thousand ($1,000) dollars each, shall be redeemed each year commencing July 1, 1926, and annually thereafter on the same date.

      There shall be annually levied an ad valorem tax of a sufficient number of cents on each one hundred ($100) dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom to meet the interest and redemption requirements of all bonds of the State of Nevada, including this issue of state prison building completion bonds, which tax shall be paid into the consolidated bond interest and redemption fund, and from this fund all interest and redemption requirements for this issue of state prison building completion bonds shall be paid.

      Sec. 3.  The board of prison commissioners are hereby authorized and directed to proceed with the completion of the Nevada state prison in accordance with the plans and specifications that have heretofore been prepared and approved by said board of prison commissioners.

 

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CHAPTER 63, SB 102

 

 

 

 

 

 

Relief of Carson City News

 

 

 

 

 

 

 

 

Appropriation, $125

[Senate Bill No. 102–Senator Meder]

 

Chap. 63–An Act for the relief of the Carson City News.

 

[Approved March 5, 1923]

 

      Whereas, The Carson City News brought in its claim for official advertising payable out of the appropriation made in section 38 of the general appropriation act of 1921, in the sum of one hundred twenty-five dollars ($125) after the appropriation for the payment of such claims had reverted; and

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

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of one hundred twenty-five dollars ($125) is hereby appropriated, out of any moneys in the general fund in the state treasury, not otherwise appropriated, for the payment of the said claim.


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ê1923 Statutes of Nevada, Page 75 (CHAPTER 63, SB 102)ê

 

the general fund in the state treasury, not otherwise appropriated, for the payment of the said claim.

      Sec. 2.  That the state controller is hereby directed to draw his warrant in favor of the Carson City News for the said sum of one hundred twenty-five dollars ($125) and the state treasurer is hereby directed to pay the same.

 

 

Duties of controller and treasurer

 

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CHAPTER 64, SB 103

[Senate Bill No. 103–Senator Fletcher]

 

Chap. 64–An Act to grant the right of way to N. H. Getchell and his associates and assigns for the construction of a railroad from a point on the Nevada Central railroad, about eleven miles south of Battle Mountain, Nevada, in a southeasterly direction through what is known as Lewis Canyon, to a point at or near the Betty O’Neal and Hilltop mines.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way, two hundred feet in width, on which to locate, construct, maintain and operate, either by steam or electric power, a narrow- or broad-gage railroad with steel rails, by such route as they may deem most feasible, from a point on the Nevada Central railroad, about eleven miles south of Battle Mountain, Nevada, in a southeasterly direction through what is known as Lewis Canyon, to a point at or near the Betty O’Neal and Hilltop mines, is hereby granted to N. H. Getchell and associates and assigns, for the term of fifty years; provided, that the construction of said railroad shall be commenced within one year from the date of the passage of this act, and shall be completed within three years thereafter,

      Sec. 2.  The said N. H. Getchell, his associates and assigns, shall have all the rights, privileges and franchises conferred upon railroad companies incorporated in this state by the provisions of “An act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof, or supplemental thereto, so far as the same are consistent with the provisions of this act.

      Sec. 3.  Said right of way is granted subject to the following provisions: That in the location and construction of said railroad no crossing is to be made with the state highway as it is now located, surveyed or constructed, except by the consent of the department of highways of the State of Nevada; that said grantees hereby perpetually give to the county of Lander the right and option to cross the right of way and tracks of any railroad built hereunder with any highway, road or trail now or hereafter to be built for the convenience of the people of the State of Nevada,

 

 

 

 

 

 

 

 

 

 

 

 

 

Granting railroad franchise in Lander county

 

 

 

 

 

 

Grantees to have all rights conferred by state railroad act

 

 

 

Provisions of grant

 

 

 

Rights of county


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ê1923 Statutes of Nevada, Page 76 (CHAPTER 64, SB 103)ê

 

 

 

 

Warning devices

convenience of the people of the State of Nevada, and said grantees are hereby required to construct and maintain said crossing or crossings for two feet on the outer sides of each line of tracks of a width not less than twenty feet, and the said grantees are further required to construct and maintain such warning devices as the State of Nevada may deem necessary to properly safeguard the lives of its citizens; and that if, in the construction, reconstruction or maintenance of said railroad, it is necessary to encroach upon any state highway, county road or trail, as then used, it shall become the duty of said grantees to adequately reconstruct said state highway, road or trail in a manner that will not impair its use or lessen its efficiency.

 

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CHAPTER 65, SB 121

 

 

 

 

 

 

 

 

 

 

Tonopah disincorporated

[Senate Bill No. 121–Senator Fitzgerald]

 

Chap. 65–An Act to repeal an act entitled “An act to incorporate the city of Tonopah, and to establish a city government therefor, and prescribing duties of county officers relative thereto,” approved March 16, 1903.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby repealed.

 

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CHAPTER 66, AB 13

 

 

 

 

 

 

 

 

 

 

Terms defined

 

 

 

 

 

“Aeronaut”

 

“Passenger”

 

Sovereignty in space

[Assembly Bill No. 13–Mr. Houlahan]

 

Chap. 66–An Act concerning aeronautics and matters pertaining thereto and to make uniform the law with reference thereto.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  (Definition of Terms.)  In this act, “aircraft” includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft.

      “Aeronaut” includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight.

      “Passenger” includes any person riding in an aircraft, but having no part in its operation.

      Sec. 2.  (Sovereignty in Space.)  Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of the state.


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ê1923 Statutes of Nevada, Page 77 (CHAPTER 66, AB 13)ê

 

rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of the state.

      Sec. 3.  (Ownership of Space.)  The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 4.

      Sec. 4.  (Lawfulness of Flight.)  Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without his consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in section 5.

      Sec. 5.  (Damage on Land.)  The owner of every aircraft which is operated over the lands or waters of this state is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping or falling of any object therefrom, whether such owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An aeronaut who is not the owner or lessee shall be liable only for the consequences of his own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.

      Sec. 6.  (Collision of Aircraft.)  The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damage caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.

      Sec. 7.  (Jurisdiction over Crimes and Torts.)  All crimes, torts and other wrongs committed by or against an aeronaut or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime or other wrong by or against the owner of such aircraft shall be determined by the laws of this state.

      Sec. 8.  (Jurisdiction over Contracts.)  All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

 

 

Ownership of space

 

 

Lawfulness of flight

 

 

 

 

 

 

 

Damage on land

 

 

 

 

 

 

 

 

 

 

 

Collision of aircraft

 

 

 

Jurisdiction over crimes and torts

 

 

 

 

Jurisdiction over contracts


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ê1923 Statutes of Nevada, Page 78 (CHAPTER 66, AB 13)ê

 

 

 

Dangerous flying a misdemeanor

 

 

 

 

 

Hunting from aircraft a misdemeanor

 

 

Uniformity of interpretation

 

 

 

Short title

 

Inconsistent acts repealed

 

To take effect

sengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

      Sec. 9.  (Dangerous Flying a Misdemeanor.)  Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, except while in landing or taking off, fly at such a low level as to endanger the persons on the surface beneath, or drop any object except loose water or loose sand ballast, shall be guilty of a misdemeanor and punishable by a fine of not more than $500, or imprisonment for not more than six months in the county jail, or both.

      Sec. 10.  (Hunting from Aircraft a Misdemeanor.)  Any aeronaut or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor and punishable by a fine of not more than $500, or by imprisonment for not more than six months in the county jail, or both.

      Sec. 11.  (Uniformity of Interpretation.)  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics. It shall not be interpreted or construed to apply in any manner to aircraft owned and operated by the federal government.

      Sec. 12.  (Short Title.)  This act may be cited as the Uniform State Law for Aeronautics.

      Sec. 13.  (Repeal.)  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

      Sec. 14.  (Time of Taking Effect.)  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 67, AB 26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Licensing of employment agencies

[Assembly Bill No. 26–Mr. Addenbrooke]

 

Chap. 67–An Act to amend sections one and five of an act entitled “An act relating to employment agencies, requiring a license for the conducting of such agencies and providing a penalty for the failure to secure such license; prescribing rules and regulations for the conducting of employment agencies and requiring a bond to insure a compliance with the same; making it the duty of the labor commissioner to enforce the provisions of this act; fixing penalties for the violation of this act, and other matters relating thereto,” approved March 28, 1919.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

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


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ê1923 Statutes of Nevada, Page 79 (CHAPTER 67, AB 26)ê

 

      Section 1.  When used in this section the following terms are defined as herein specified:

      The term “person” means and includes any individual, firm, company, corporation, association, manager, contractor, subcontractor, or their agents or employees.

      The term “employment agency” means and includes the business of conducting as owner, agent, manager, contractor, subcontractor, or in any other capacity, an intelligence office, domestic and commercial employment agency, general employment bureau, shipping agency, stage line, hotel, or any other agency for the purpose of procuring or attempting to procure help or employment for persons seeking employment, or for the registration of persons seeking such employment or help, or for giving information as to where and of whom such help or employment may be secured, where a fee or other valuable consideration is exacted, or attempted to be collected for such services, or in connection with transportation furnished by stage line as part of the employment agreement, whether such business is conducted in a building or on a street or elsewhere.

      The term “labor commissioner” shall mean the labor commissioner of the State of Nevada.

      Sec. 2.  Section 5 of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  Every person licensed under the provisions of this act to carry on the business of an employment agency shall pay to the labor commissioner a fee of fifty ($50) dollars before such license is issued and thereafter an annual fee of fifty ($50) dollars on or before the first day of each calendar year, He shall also deposit before such license is issued, with the clerk of the city in every city where there is a clerk, or clerk of the county, a bond in the penal sum of one thousand dollars with two or more sureties or a duly authorized surety company, to be approved by the labor commissioner.

      The bond executed shall be payable to the people of the State of Nevada and shall be conditioned that the person applying for the license will comply with this act and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud, or deceit, or any unlawful act or omission of any licensed person, made, committed, or omitted in the business conducted under such license, or caused by any other violation of this act in carrying on the business for which the license is granted.

      If at any time the sureties or any of them shall become irresponsible, the person holding such license shall, upon notice of the labor commissioner, give a new bond, subject to the provisions of this section. The failure to give a new bond within ten days after such notice shall operate as a revocation of such license and the license shall thereupon be returned to the labor commissioner, who shall destroy the same.

 

 

Terms defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Labor commissioner to collect license

 

 

 

Bond

 

 

Conditions of bond

 

 

 

 

 

 

New bond, when

 

License revoked, when

 

________

 

 


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ê1923 Statutes of Nevada, Page 80ê

CHAPTER 68, AB 43

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending charter of Las Vegas

Wards

 

 

Election precincts

 

 

 

 

 

Officers, appointive and ex officio; salaries

[Assembly Bill No. 43–Clark County Delegation]

 

Chap. 68–An Act to amend certain sections of an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended March 22, 1913, and further amended February 17, 1921.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of chapter I of the above-entitled act is hereby amended to read as follows:

      Section 3.  Wards-Boundaries-Change Of.  The city of Las Vegas shall consist of all the territory contained within the limits of said city as above described and such territory as may hereafter be annexed to said city. And for election purposes the election precincts established within the said city limits by the board of commissioners of the county of Clark, State of Nevada, from time to time, shall be and become the election precincts for said city of Las Vegas for all general, special and primary elections held therein.

      Sec. 2.  Section 5 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 5.  Officers, Appointive and Ex Officio-Enumeration of-Compensation.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be the ex officio assessor of the city of Las Vegas; the county clerk and ex officio clerk of the district court of the county of Clark shall be ex officio city clerk of the city of Las Vegas and ex officio license collector of the city of Las Vegas. Each of the above-mentioned officers in this section set forth shall perform the respective duties of their offices under said city without extra compensation, except as hereinafter provided, but for the performance of the duties as city assessor relative to special assessments as in this act provided the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessment, and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and ex officio tax receiver of the county of Clark shall be entitled to receive for his services as ex officio treasurer and tax receiver of the city of Las Vegas a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas. The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act.


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ê1923 Statutes of Nevada, Page 81 (CHAPTER 68, AB 43)ê

 

liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The county clerk and ex officio clerk of the district court shall be entitled to receive for his services as ex officio city clerk and ex officio license collector of the city of Las Vegas a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas, and shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act. The board of commissioners may appoint a city attorney, with a salary not to exceed twelve hundred ($1,200) dollars per annum payable in equal monthly installments; also a city marshal with a salary not to exceed eighteen hundred ($1,800) dollars per annum, payable in equal monthly installments; also a judge of the municipal court at a salary not to exceed fifty ($50) dollars per month. The board of commissioners may appoint such other officers as such board may from time to time ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive officers may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person.

      Sec. 3.  Section 6 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 6.  Officers, Elective-Qualifications Of.  The mayor and each of said four commissioners shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election, residents of the city of Las Vegas, county of Clark, State of Nevada, qualified voters, who are property owners and taxpayers on real estate or personal property, situate in the city of Las Vegas, county of Clark, State of Nevada, as shown on the assessment rolls of said city of Las Vegas, county of Clark, State of Nevada, on file in the office of the county assessor and ex officio city assessor of the county of Clark, State of Nevada, for at least two years immediately preceding the year in which said election is held. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday of June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.

      Sec. 4.  Section 10 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 10.  The mayor of said city shall receive as remuneration for his services the sum of one hundred eighty ($180) dollars per annum, payable in equal monthly installments, and each of the commissioners shall receive the sum of one hundred twenty ($120) dollars per annum, payable in the same manner.

 

 

 

 

 

 

City attorney

 

City marshal

 

 

 

 

 

 

Offices combined, when

 

 

 

Qualifications of officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of mayor and commissioners


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ê1923 Statutes of Nevada, Page 82 (CHAPTER 68, AB 43)ê

 

 

 

Certain sections repealed

 

Vacancies in office, how filled

 

 

 

 

 

 

 

 

 

Mayor pro tem

 

 

 

 

 

 

No extra pay

 

 

 

Duties of mayor pro tem

ments, and each of the commissioners shall receive the sum of one hundred twenty ($120) dollars per annum, payable in the same manner.

      Sec. 5.  Section 13 of chapter II of the above-entitled act is hereby repealed.

      Sec. 6.  Section 14 of chapter II of the above-entitled act is hereby amended to read as follows:

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

      Sec. 7.  Section 22 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 22.  Mayor Pro Tem-Election and Term of Office.  At the first regular meeting of the board of commissioners after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as mayor pro tem, and he shall continue to hold the title and office until the expiration of the term of office for which he was elected by the commissioners; provided, however, if the mayor pro tem should become mayor of the city as is provided for in section twenty-four of this charter, then and in that event his title and office of mayor pro tem shall become vacant. The mayor pro tem shall receive no extra pay by reason of being or acting mayor pro tem.

      Sec. 8.  Section 24 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 24.  Mayor Pro Tem-Duties-Title-When to Serve as Mayor.  In case of the death, resignation or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the mayor pro tem shall act as mayor and possess all the rights and the powers of the mayor, and perform all of his duties under the official title of mayor until the next municipal election and his office as commissioner shall become vacant, and the vacancies thus occurring in the title and office of mayor pro tem and of commissioner shall be filled for the unexpired term by a majority vote of the remaining members of the board of commissioners, who are present at a regular meeting.


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ê1923 Statutes of Nevada, Page 83 (CHAPTER 68, AB 43)ê

 

      Sec. 9.  Section 31 of chapter II of the above-entitled act is hereby amended to read as follows.

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

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

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

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

      4a.  The board of commissioners shall each year levy and cause to be collected a tax not to exceed five mills on the dollar of all of the taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as “Publicity Fund.”

      5.  To borrow money on the credit of the city for corporation purposes, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same, The board shall have the power to acquire or establish any public utility only in the manner herein provided. The board shall enact and ordinance which shall set forth fully and in detail the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund.

 

 

Powers and duties of city supervisors of Las Vegas


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

ê1923 Statutes of Nevada, Page 84 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

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

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


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ê1923 Statutes of Nevada, Page 85 (CHAPTER 68, AB 43)ê

 

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

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

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

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

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

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements.

Powers and duties of city supervisors of Las Vegas


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ê1923 Statutes of Nevada, Page 86 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

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

      To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, monthly and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors,


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ê1923 Statutes of Nevada, Page 87 (CHAPTER 68, AB 43)ê

 

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

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

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

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

Powers and duties of city supervisors of Las Vegas


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ê1923 Statutes of Nevada, Page 88 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

mental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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ê1923 Statutes of Nevada, Page 89 (CHAPTER 68, AB 43)ê

 

loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.

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

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

      30a.  To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

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

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

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

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

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

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

Powers and duties of city supervisors of Las Vegas


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ê1923 Statutes of Nevada, Page 90 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

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

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

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

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

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

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

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

cisterns, areas, hydrants, pumps, sewers, gutters and plumb-

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


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ê1923 Statutes of Nevada, Page 91 (CHAPTER 68, AB 43)ê

 

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

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

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

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

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

      51.  To enforce the keeping and use of proper weights and measures by venders. To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and appoint the necessary officers therefor.

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

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

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

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

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

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

Powers and duties of city supervisors of Las Vegas


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ê1923 Statutes of Nevada, Page 92 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

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

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

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

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

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

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

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

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

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


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ê1923 Statutes of Nevada, Page 93 (CHAPTER 68, AB 43)ê

 

timber, wood or other combustible material within the fire limits of the city.

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

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

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

      70.  To prohibit cruelty to animals.

      71.  To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound, and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

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

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

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

      75.  To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings.

Powers and duties of city supervisors of Las Vegas


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ê1923 Statutes of Nevada, Page 94 (CHAPTER 68, AB 43)ê

 

Powers and duties of city supervisors of Las Vegas

street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.

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

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

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

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

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

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

      82.  Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      83.  To adopt and enforce by ordinance, all such measures and establish all such regulations in case no express provision is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.


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ê1923 Statutes of Nevada, Page 95 (CHAPTER 68, AB 43)ê

 

for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.

      Sec. 10.  Section 32 of chapter II of the above-entitled act entitled “County Commissioners to Apportion Road Fund,” on page 162, Statutes 1911, is hereby repealed.

      Sec. 11.  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

 

 

 

 

 

 

Certain section repealed

 

Conflicting acts repealed

In effect

 

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CHAPTER 69, AB 48

[Assembly Bill No. 48–Mr. Swanson]

 

Chap. 69–An Act to amend section 4 of an act entitled “An act limiting the hours of labor of females employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant, or by any express or transportation company; compelling each employer in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, or restaurant, or other establishment employing any female, to provide suitable seats for all female employees, and to permit them to use such seats when they are not engaged in the active duties of their employment; and providing a penalty for failure, neglect, or refusal of the employer to comply with the provisions of this act, and for permitting or suffering any overseer, superintendent, foreman, or any other agent of any such employer to violate the provisions of this act,” approved February 14, 1917.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.                                                                                                             Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  Any employer who shall permit or require any female to work in any of the places mentioned in section one more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect or refuse to so arrange the work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect or refuse to provide suitable seats as provided in section two of this act, or who shall permit or suffer any overseer, superintendent, foreman or other agent of any such employer to violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for a first offense, by a fine of not less than fifty dollars nor more than one hundred dollars; for a second offense, by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; or by imprisonment for not more than sixty days, or by both such fine and imprisonment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Females to work only 8 hours in one day


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ê1923 Statutes of Nevada, Page 96 (CHAPTER 69, AB 48)ê

 

Penalty for employers

 

 

 

 

Fines to state school fund

permit or suffer any overseer, superintendent, foreman or other agent of any such employer to violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for a first offense, by a fine of not less than fifty dollars nor more than one hundred dollars; for a second offense, by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars; or by imprisonment for not more than sixty days, or by both such fine and imprisonment. All fines imposed and collected under the provisions of this act shall be paid into the state treasury and credited to the state permanent school fund of this state.

 

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CHAPTER 70, AB 49

 

 

 

 

 

 

 

 

 

 

 

 

Old-age pensions

 

 

Pension commission, how constituted

 

 

 

 

 

 

 

Old-age superintendent

 

Salary of superintendent

 

 

Ex officio secretary

[Assembly Bill No. 49–Mr. Davison]

 

Chap. 70–An Act providing for the protection and assistance of aged persons under certain conditions in the State of Nevada, and prescribing penalties for violation of the provisions hereof, and making an appropriation for the carrying out of its provisions.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Subject to the provisions and under the restrictions contained in this act, every person while residing in and being a resident of the State of Nevada shall be entitled to a pension in old age.

      a. There shall be an old-age pension commission, hereinafter termed “the commission,” which shall be composed of the governor, lieutenant-governor and the attorney-general of the State of Nevada. Each member of the commission, except the lieutenant-governor, shall act without compensation, but the necessary and actual expenses incurred in the performance of their duties shall be allowed and paid each member of the commission in the same manner as other claims against the State of Nevada are paid. Vacancies shall be filled for the unexpired term of vacant positions in the same manner as unexpired terms are now filled in the constitutional offices of the State of Nevada.

      b. The commission shall appoint the lieutenant-governor as old-age superintendent, hereinafter termed “the superintendent.”

      c. The commission shall fix the salary of the superintendent, which shall not exceed the sum of twelve hundred dollars per annum, and the superintendent, with the approval of the commission, shall appoint the necessary number of assistants and fix their duties and salaries within the appropriation by the legislature. The superintendent shall be ex officio secretary to the commission without additional compensation.


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ê1923 Statutes of Nevada, Page 97 (CHAPTER 70, AB 49)ê

 

      d. There shall be established in each county a county old-age pension board, hereinafter known as “the board,” to consist of three persons domiciled in the county, who shall be appointed by the governor for a term of four years, except that, of the members first appointed, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years. Vacancies shall be filled in the same manner in which the original appointment was made. The members of the board shall serve without pay, except that the necessary expenses incurred while in the performance of their duties shall be paid to them upon proper vouchers therefor.

      e. The commission shall have authority to make such rules and regulations as are necessary to carry out the provisions of this act.

      f. The board, from a list submitted to it by the commission, may, with the approval of the superintendent, appoint one or more local investigators, who shall be trained and experienced in the problem of relief, at a salary for each of not to exceed five dollars per day for each day actually employed.

      g. The commission and the boards shall meet regularly every three (3) months, and at such other times as may be necessary, at such places as may be fixed by the rules of the commission.

 

Allowance.

      Sec. 2.  The amount of pension shall be fixed with due regard to the conditions in each case, but in no case shall it be an amount which, when added to the income of the applicant, including income from property, as computed under the terms of this act, shall exceed a total of one dollar a day.

 

Qualifications of Claimants.

      Sec. 3.  An old-age pension may be granted only to an applicant who:

      a. Has attained the age of sixty years or upwards.

      b. Has been a citizen of the United States for at least fifteen (15) years before making application for a pension, and residing in the State of Nevada for a period of ten years from and preceding the application for pension.

      1.  The applicant must reside continuously in Nevada for at least ten years immediately preceding the date of the application for pension, but continuous residence in the state shall not be deemed to have been interrupted by periods of absence therefrom if the total of such periods does not exceed three (3) years; or,

      2.  Has so resided forty (40) years, at least five (5) of which have immediately preceded the application; provided, that absence in the service of the State of Nevada or of the United States shall not be deemed to interrupt residence in the state if a domicile be not acquired outside of the state.

County old-age pension boards; appointed by governor

 

 

 

 

 

Rules, etc.

 

Local investigators; salary

 

 

Meetings

 

 

 

 

Amount of pension

 

 

 

 

 

Who entitled to pension


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ê1923 Statutes of Nevada, Page 98 (CHAPTER 70, AB 49)ê

 

 

 

 

 

 

 

Who entitled to pension

 

 

 

 

 

 

 

 

Who not entitled

 

 

 

 

 

Income, how computed

 

 

 

 

 

 

Estates to repay pension, when

 

 

 

Property transferred to commission, when

      c. Is not at the date of making application an inmate of any prison, jail, workhouse, infirmary, insane asylum, county or district poorhouse, or any other public reform or correctional institution.

      d. During the period of ten years immediately preceding such date has not been imprisoned for four months or more, for any offense for which he was sentenced to prison without the option of a fine.

      e. For six (6) months or more during the ten years preceding the date of application for relief, if a husband, has not deserted his wife, or, without just cause, failed to support her and his children under the age of fifteen (15) years; if a wife, has not deserted her husband, or, without just cause, failed to support such of her children as were under age, and she was bound to support.

      f. Has not, within one year preceding such application for pension, accepted public charity or been a professional tramp or beggar.

      g. Has no child or other person responsible under the law of this state for his or her support, and found by the board or by the commission able to support him or her.

      Sec. 4.  (a) An old-age pension shall not be granted to a person if the value of his or her property exceeds three thousand ($3,000) dollars or, if married and not separated from husband or wife, if the value of his or her property, together with that of such husband or wife, exceeds three thousand dollars ($3,000).

      (b) The claimant must not have deprived himself or herself directly or indirectly of any property for the purpose of qualifying for old-age relief.

      Sec. 5.  (a) The annual income of any property, which does not produce a reasonable income, shall be computed at five (5%) per cent of its value as determined by the board.

      (b) The income of the applicant shall be his or her income for twelve (12) months preceding the date of which his or her application was made.

      (c) The property owned at the date of application for relief shall be taken as property of the applicant for the purposes of this act.

      Sec. 6.  (a) On the death of a person pensioned under this act or of the survivor of a married couple, both of whom were so pensioned, the total amount paid as pension, together with simple interest at three per cent annually, shall be allowed and deducted from the estate by the court having jurisdiction to settle the estate, and paid into the treasury of the State of Nevada.

      (b) If the commission deems it necessary to protect the interest of the State of Nevada, it may require as a condition to the granting of a pension certificate that all or any part of the property of an applicant for a pension be transferred to the commission. Such property shall be managed by the commission which shall pay the net income to the person or persons entitled thereto.


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ê1923 Statutes of Nevada, Page 99 (CHAPTER 70, AB 49)ê

 

by the commission which shall pay the net income to the person or persons entitled thereto. The commission shall have power to sell, lease, or transfer such property or defend and prosecute all suits concerning it and to pay all just claims against it and to do all other things necessary for the protection, preservation, and management of the property.

      (c) The attorney-general at the request of the commission shall take the necessary proceedings and represent and advise the commission in respect to any matters arising under this section.

 

How Administered.

      Sec. 7.  An applicant for a pension shall deliver his claim in writing to the board of the county in which he resides, in the manner and form prescribed by the commission. All statements in the application shall be sworn to or affirmed by the applicant setting forth that all facts are true in every material point.

      Sec. 8.  (a) The board, directly or through an investigator, shall promptly make investigations, and, if it approve the application, make a recommendation of the amount of the pension to be allowed, or, if it disapprove, make a recommendation that no pension be allowed, and shall send a copy of the application, its recommendation, and the reasons for its decision to the commission, with such supporting papers as the commission may require. The commission may thereupon make investigation as it sees fit through the superintendent or through the board making the recommendation, and may direct a rehearing before the board, of which the applicant shall have at least ten days’ notice, and at which he may appear and offer evidence. The commission shall decide upon the application, and fix the amount of the pension, if any, and its decision shall be final. An applicant, whose application for a pension has been rejected, may not apply for a pension until the expiration of twelve months from the date of his previous application.

      (b) For the purpose of such investigation the commission and the board shall have the power to compel, by subpena, the attendance and testimony of witnesses and the production of books and papers. All witnesses shall be examined on oath and any member of the commission or of the board may administer said oath.

      Sec. 9.  (a) The commission shall issue to each applicant to whom a pension is allowed a certificate for one year, stating the amount of each installment, which may be monthly or quarterly as the commission may decide.

      (b) A pension certificate shall be required for each subsequent year, to be issued by the commission after such investigation as it may deem necessary, and the amount of the pension may be changed if the commission finds the applicant’s circumstances have changed.

 

 

 

 

 

Duties of attorney-general

 

 

 

Pension, how applied for

 

 

County board to investigate

 

 

 

 

 

 

 

 

 

 

 

Board has certain powers of a court

 

 

Pension certificate


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

ê1923 Statutes of Nevada, Page 100 (CHAPTER 70, AB 49)ê

 

Beginning of pension

 

 

When pension ceases

 

 

 

 

 

 

 

 

Double amount of pension repaid by estate, when

 

 

Funeral expenses, when

 

 

 

When pension paid to institution

 

 

 

 

 

 

 

Medical relief

 

 

When pension paid to guardian

      Sec. 10.  The pension, if allowed, shall commence on the date named in the certificate, which shall be the first day of the calendar month following that on which the petition was received by the board.

      Sec. 11.  (a) If at any time during the currency or continuance of an old-age pension certificate, the recipient or the wife or husband of the recipient becomes possessed of any property or income in excess of the amount allowed by law in respect to the amount of pension granted, it shall be the duty of the recipient immediately to notify the board of the receipt and possession of any such property or income, and the board may, on inquiry, and with the approval of the commission, either cancel the pension or vary the amount thereof during the period of the certificate, and any excess pension paid shall be returned to the State of Nevada, and recoverable as a debt due the State of Nevada.

      (b) If, on the death of any pensioner, it is found that he was possessed of property or income in excess of the amount allowed by law in respect to the amount of the pension, double the total amount of the pension in excess of that to which the recipient was by law entitled may be recovered by the commission as a preferred claim from his estate and paid into the treasury of the State of Nevada.

      Sec. 12.  On the death of a pensioner such reasonable funeral expenses for burial shall be paid to such persons as the board directs; provided, that these expenses do not exceed one hundred ($100) dollars; and provided further, that the estate of the deceased is insufficient to defray these expenses.

      Sec. 13.  (a) While a pensioner is an inmate of any charitable, benevolent, or fraternal institution, the amount of pension shall be paid to the governing authorities of that institution and shall be applied toward defraying the actual expenses of such persons in such institutions; provided, that the commission has approved, and that it and its agents are permitted freely to visit and inspect said institution; and provided further, that any moneys remaining after defraying such costs shall be paid to the recipient. It shall not be lawful, however, for the authorities of any charitable institution receiving public moneys to refuse admission as an inmate of such institution or to refuse relief on the ground that the person is a pensioner under this act.

      (b) During the continuance of the pension no pensioner shall receive any other relief from the State of Nevada, or from any political subdivision thereof, except for medical and surgical assistance.

      (c) If the pensioner is, on the testimony of at least three reputable witnesses, found incapable of taking care of himself or his money, the board may direct the payment of the installments of the pension to any responsible person or corporation for his benefit. It shall be within the power of the commission to suspend payment for such period as the board shall recommend.


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

ê1923 Statutes of Nevada, Page 101 (CHAPTER 70, AB 49)ê

 

the commission to suspend payment for such period as the board shall recommend.

      Sec. 14.  All pensions shall be absolutely inalienable by any assignment, sale, execution or otherwise, and in case of bankruptcy, the pension shall not pass through any trustee or other persons acting on behalf of creditors.

 

Fines, Punishments, and Criminal Procedure.

      Sec. 15.  If at any time the commission has reason to believe that a pension certificate has been improperly obtained, it shall cause special inquiry to be made by the board and may suspend payment of any or all installments pending the inquiry. It shall also notify the board of such suspension. If on inquiry it appears that the certificate was improperly obtained, it shall be canceled by the commission, but if it appears that the certificate was properly obtained the suspended installments shall be payable in due course.

      Sec. 16.  Any person who by means of a wilfully false statement or representation, or by impersonation, or other fraudulent device obtains, or attempts to obtain, or aids or abets any person to obtain:

      (a) A pension certificate to which he is not entitled;

      (b) A larger pension than that to which he is justly entitled;

      (c) Payment of any forfeited installment grant;

      (d) Or aids or abets in buying or in any way disposing of the property of a pensioner without the consent of the commission, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred ($500) dollars, or undergo imprisonment not exceeding one (1) year, or both, in the discretion of the court.

      Sec. 17.  (a) Any person who violates any provision of this act for which no penalty is specifically provided shall be subject to a fine not exceeding five hundred ($500) dollars, or to undergo imprisonment not exceeding one (1) year, or both, in the discretion of the court.

      (b) Where a pensioner is convicted of an offense under this section the commission may cancel the certificate.

      Sec. 18.  If any pensioner is convicted of any crime, misdemeanor, felony, or other offense, punishable by imprisonment for one (1) month or longer, the board shall direct that payments shall not be made during the period of the imprisonment.

      Sec. 19.  In order to provide funds for the carrying out of the provisions of this act, the boards of county commissioners of each and every county of the State of Nevada, and all officers having to do with assessment of property and the collection of taxes are hereby directed to levy and collect for the fiscal year 1923, and annually thereafter, a tax of two and one-half mills on each one hundred dollars of taxable property within their respective counties for the purpose of creating an old-age pension fund.

 

Pension inalienable

 

 

 

 

Special inquiry, when

 

 

 

 

 

 

Certain acts criminal

 

 

 

 

 

 

 

Penalty

 

 

General penalty

 

 

 

 

 

Pension not paid prisoner

 

County tax of 2 1/2 mills on $100


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

ê1923 Statutes of Nevada, Page 102 (CHAPTER 70, AB 49)ê

 

State treasurer custodian

 

 

 

Tax for 1923 deemed levied

 

 

 

 

 

Certain expenses at cost of state

 

 

 

 

Cost of county boards a county expense

 

 

 

Annual report of commission

 

 

 

 

 

Methods and rules formulated by commission

 

Pensions subject to subsequent legislation

creating an old-age pension fund. The proceeds of said tax shall be, by the county treasurers of the several counties of the state, forwarded to the state treasurer at the times and in the manner other tax money due the state is forwarded, and said proceeds shall be, by the state treasurer, placed in a separate fund to be known as the “Old-Age Pension Fund.”

      If upon the approval of this act the time in which boards of county commissioners shall fix and levy taxes for county purposes shall have passed, the levy of two and one-half mills on each one hundred dollars of taxable property within the county, as heretofore provided for herein, shall be deemed to be levied by this act without any act on the part of the commissioners of the respective counties. On and after the fiscal year 1923 it shall be the mandatory duty of the boards of county commissioners to levy the annual tax herein provided for the purposes herein in this act set forth.

      Sec. 20.  All expenses incurred by the commission in the administration, investigation, and salaries shall be borne by the State of Nevada. The commission shall audit all bills for said expenses and salaries, and when same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for approval, and the same shall be paid out of the old-age pension fund.

      All expenses incurred by the county boards in administration, investigation, and salaries shall be paid by the county treasurers from the moneys of the county in the same manner as other expenses of the county.

 

Annual Report, Hearings, Etc.

      Sec. 21.  Within ninety (90) days after the close of each calendar year, the commission shall make a report for the preceding year, stating:

      (a) The total number of recipients;

      (b) The amount paid in cash;

      (c) The total number of applications;

      (d) The number granted, the number denied, the number canceled during the year, and such other information as the commission may deem advisable.

      Sec. 22.  All methods of procedure in hearings, investigations, recording, registration, and accounting pertaining to the old-age pensions under this act shall be in accordance with the rules and regulations as laid down from time to time by the commission.

      Sec. 23.  Every pension granted under the provisions of this act shall be deemed to be granted and shall be held subject to the provisions of any amending or repealing act that may hereafter be passed, and no recipient under this act shall have any claim for compensation or otherwise by reason of his pension being affected in any way by such amending or repealing act.


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

ê1923 Statutes of Nevada, Page 103 (CHAPTER 70, AB 49)ê

 

      Sec. 24.  That wherever used in this act the masculine includes the feminine.

      Sec. 25.  This act may be cited as the old-age pension act of the State of Nevada.

      Sec. 26.  All acts or parts of acts conflicting with the provisions of this act are hereby repealed.

Both sexes included

Short title

Conflicting acts repealed

 

________

 

CHAPTER 71, AB 51

[Assembly Bill No. 51–Elko County Delegation]

 

Chap. 71–An Act to amend section five of an act entitled “An act to amend certain sections of an act entitled ‘An act fixing the compensation of the county officers of Elko County, Nevada, and repealing all acts and parts of acts in conflict herewith,’ approved March 23, 1917,” as amended March 29, 1919.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.                                                                                                             Section 5 of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of twenty-seven hundred ($2,700) dollars per annum as compensation for all his services as such officer; he shall pay into the county treasury of said county all moneys collected by him as fees. The county recorder and ex officio auditor may appoint one deputy, who shall receive a salary of eighteen hundred dollars ($1,800) dollars per annum; provided, that in cases of emergency and when the board of county commissioners deem it necessary the recorder may, with the unanimous consent and approval of the board, appoint one or more deputies, such deputy or deputies to serve only so long as said emergency may continue, and to be paid at the rate of one hundred dollars per month.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of recorder of Elko County

 

________

 

CHAPTER 72, AB 57

[Assembly Bill No. 57–Mr. Henderson]

 

Chap. 72–An Act to amend section 427 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being section 5369, Revised Laws of Nevada.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 427 of the above-entitled act is hereby amended so as to read as follows:

 

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act


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

ê1923 Statutes of Nevada, Page 104 (CHAPTER 72, AB 57)ê

 

Service, how made

 

Upon an attorney

 

 

 

 

 

 

 

 

 

 

 

 

Upon a party

      Section 427.  The service may be personal, by delivery to the party or his attorney, on whom the service is required to be made, or it may be as follows: 1.  If upon an attorney, it may be made during his absence from his office by leaving the notice or other papers with his clerk therein, or with a person having charge thereof; or when there is no person in the office, by leaving them between the hours of nine in the morning and five in the afternoon, in a conspicuous place in the office; or, if it is not open so as to admit of such service, then by leaving them at the attorney’s residence with some person of not less than eighteen years of age, if his residence is in the same county with his office; and if his residence is not known, or is not in the same county with his office, or being in the same county it is not open, or there is not found thereat any person of not less than eighteen years of age, then by putting the same, inclosed in a sealed envelope, postage thereon prepaid, into the postoffice directed to such attorney at his office, if known; otherwise to his residence, if known; and if neither his office nor his residence is known, then by delivering the same to the clerk of the court for the attorney;

      2.  If upon a party, it may be made by leaving the notice or other paper at his residence, between the hours of eight in the morning and six in the evening, with some person of not less than eighteen years of age; if at the time of attempted service between the said hours no such person can be found at his residence, the same may be served by mail; and, if his residence is not known, then by delivering the same to the clerk of the court for such party. Service, when made by the clerk, shall be deemed complete on the date of service, but if within a given number of days after such service a right may be exercised, or an act is to be done, by the adverse party, the time within which such right may be exercised or such act may be done shall be extended for a period of twenty days.

 

________

 

CHAPTER 73, AB 66

 

[Assembly Bill No. 66–Mr. Swanson]

 

Chap. 73–An Act to amend an act entitled “An act to provide for the adoption of children,” approved February 20, 1885, as amended by acts approved March 11, 1921, and March 22, 1921, by adding a new section thereto.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto the following section, to be known as section 11 of the above-entitled act:


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

ê1923 Statutes of Nevada, Page 105 (CHAPTER 73, AB 66)ê

 

      Section 11.  No county official shall charge any fee for the filing of a petition, for the recording of any order, or for any services rendered, in an adoption proceeding in this state.

No county fees in adoption proceeding

 

________

 

CHAPTER 74, AB 78

[Assembly Bill No. 78–Mr. Henderson]

 

Chap. 74–An Act authorizing the board of city commissioners of the city of Las Vegas, County of Clark, to issue bonds to provide for the construction of a highway through the said city of Las Vegas to connect with route 6 of the state highway system of the State of Nevada, and providing for the ratification thereof by special or general elections before the issuance of any such bonds.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of city commissioners of the city of Las Vegas, Clark County, State of Nevada, is hereby authorized, empowered and directed to prepare and issue bonds of said city for the total amount of not to exceed fifty thousand dollars ($50,000), exclusive of interest, in manner as hereinafter provided, for the purpose of providing funds for the construction of a highway through the said city of Las Vegas to connect with route 6 of the state highway system as the same is now or may hereafter be designated.

      Sec. 2.  Before issuing all or any portion of said bonds or incurring any indebtedness hereunder, the question of the issuance of said bonds shall be submitted to a vote of the qualified electors of said city of Las Vegas, either at the next general or at a special election to be held as hereinafter provided.

      Sec. 3.  Upon petition of one hundred and fifty (150) persons, qualified electors and taxpayers of said city of Las Vegas, filed with the board of city commissioners of said city of Las Vegas, requesting the calling of a special election for the purpose of voting upon the issuance of any portion or amount of said bonds, the amount and purpose thereof to be named in the petition, it shall be the duty of the board of city commissioners of the city of Las Vegas to call such special election and submit to the electors of the city of Las Vegas the question of the issuance of said bonds and the amount thereof. Said special election shall be held not sooner than forty nor later than sixty days after the filing of such petition, and there shall be printed upon the ballot of such special election the following:

      “For the issuance of $…………of the bonds of the City of Las Vegas for the construction of a highway through said city in connection with federal aid: Yes……….; No……….”

 

 

 

 

 

 

 

 

 

 

 

 

 

Highway bonds for city of Las Vegas

 

 

 

 

 

Election to decide issue of bonds

 

 

Petition for special election

 

 

 

 

 

 

 

 

Form of ballot


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

ê1923 Statutes of Nevada, Page 106 (CHAPTER 74, AB 78)ê

 

 

 

Qualification of voters

 

 

 

 

 

Supplemental registration

 

 

 

Notice of election in newspaper

 

General election laws to govern

 

 

City board may submit question to voters

 

 

 

 

 

 

 

 

 

 

Future bond issues; popular vote

Such question to be varied as the occasion may require, as to the portion of such connecting highway to be built at any one time.

      Sec. 4.  That at the said special election all persons, residents of Nevada for six months, and bona fide residents of said city of Las Vegas for a period of thirty days prior to said election, shall be entitled to vote when registered. That residents of the state and said city for a period of more than thirty days prior to said election and registered for the last general election shall be entitled to vote without other registration, and the county clerk shall prepare lists including such names in accordance with law. That the city clerk shall open a supplemental registration list or book for the registration of other persons qualified to vote, such registration book to open not more than twenty days prior to said election and to remain open for registration up to and including five days before the date of said election. Lists of the registered voters shall be furnished the election boards, and persons not registered shall not be entitled to vote at said special election. Notice of a special election shall be given by publication in some newspaper or newspapers published in the city of Las Vegas, Nevada, for at least ten days before the election. Notice of the supplemental registration shall likewise be given. The general laws relating to elections and the holding thereof shall otherwise be followed so far as applicable and practical in relation to said election, including the appointment of proper officials therefor, canvass of the vote, and other matters relating thereto.

      Sec. 5.  If no petition for special election be filed, such questions may be submitted by the board of city commissioners to the electors of the city of Las Vegas at the next general city election, and shall, in like manner and form, be printed upon the general election ballot. If a majority of the electors voting thereon at a general or special election vote yes, said board of city commissioners shall forthwith cause the amount of said bonds specified in the question to be prepared and made ready for issuance, and to issue the same. Said bonds shall be signed by the mayor, countersigned by the city treasurer, and authenticated by the seal of the city; coupons for interest shall be attached to each bond so that the same may be removed without injury thereto, and each of such coupons shall be consecutively numbered and signed by the mayor and the city treasurer, or with the facsimile of their signatures impressed thereon.

      Sec. 6.  At any general city election held hereafter, or at any special election to be called pursuant to the provisions of this act, questions as to the issuance of all or any of said bonds of said city for the purpose aforesaid may, from time to time, be submitted to the qualified electors of said city and authorized and issued as herein provided until the entire amount of bonds herein authorized shall have been issued, it being expressly understood and provided that bonds may be authorized by a vote of the people and issued from time to time and in such amounts as authorized until the full amount of fifty thousand dollars ($50,000) is issued as herein provided.


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

ê1923 Statutes of Nevada, Page 107 (CHAPTER 74, AB 78)ê

 

amount of bonds herein authorized shall have been issued, it being expressly understood and provided that bonds may be authorized by a vote of the people and issued from time to time and in such amounts as authorized until the full amount of fifty thousand dollars ($50,000) is issued as herein provided.

      Sec. 7.  The city clerk shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 8.  The board of city commissioners of the city of Las Vegas is hereby authorized to negotiate the sale of said bonds, or portion thereof issued as herein provided, or such number thereof as they may deem necessary, by advertising for sealed proposals, or by private sales, as they may deem for the best interests of the city, and may reject any or all bids; provided, that no bond shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States; and the interest thereon shall be payable in like gold coin.

      Sec. 9.  Said bonds shall be in such form and denomination as said commissioners by resolution may direct. They shall be numbered consecutively and the interest on same shall not exceed six per cent per annum, payable semiannually, on the first day of July and the second day of January of each year, at the office of the city treasurer of said city of Las Vegas, and in no case shall said bonds run for a longer period than twenty years.

      Sec. 10.  All moneys derived from the sale of said bonds shall be paid to the city treasurer of said city and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and to be known as the “City of Las Vegas Highway Fund,” and to pay out said moneys only in a manner now provided by law or to be provided herein for the construction of said highway or portions thereof and for the purposes for which the same were received.

      Sec. 11.  The said board of city commissioners of the city of Las Vegas is hereby authorized and directed to use the moneys arising from the sale of said bonds, or such number thereof as is provided by a general or special election from time to time had, as hereinbefore mentioned, for the construction of all or such portion or portions of said connecting highway, as said board of city commissioners may determine, or may be determined at said general or special election, and for the maintenance and repair of said connecting highway or portions thereof so constructed. It is expressly provided that the construction of said connecting highway may be conducted by the department of highways of the State of Nevada under the supervision and control of the federal government, as is provided by the laws and regulations of the State of Nevada and of the United States of America in cases where highways are constructed under federal aid within the limits of incorporated cities.

 

 

Maximum, $50,000

 

City clerk to keep record

Sale of bonds

 

 

 

 

 

 

Denomination of bonds

 

 

 

Limit, 20 years

 

“City of Las Vegas Highway Fund”

 

 

 

 

Use of money realized from sale of bonds

 

 

 

 

Construction under state and federal authorities


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

ê1923 Statutes of Nevada, Page 108 (CHAPTER 74, AB 78)ê

 

 

 

 

 

Maintenance of highway

 

 

City treasurer liable

 

 

 

“City of Las Vegas Highway Redemption Fund”

 

 

 

 

 

 

 

 

 

Interest paid semiannually

 

 

Tax ceases, when

 

 

 

City treasurer to cancel paid bonds

cases where highways are constructed under federal aid within the limits of incorporated cities. And it is further provided that said board of city commissioners may enter into such agreements and relations with the department of highways of the State of Nevada and the proper officers and departments of the federal government with reference to the maintenance and repair of said connecting highway, or portions thereof both before and after its construction, and in such other matters as may be necessary or required in order to facilitate the construction thereof with federal aid as aforesaid.

      Sec. 12.  The city treasurer of said city of Las Vegas shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of his duties in relation thereto.

      Sec. 13.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the said board of city commissioners of said city of Las Vegas is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said city of Las Vegas, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond No. 1 and consecutively thereafter, not more than ten of said bonds annually, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other city taxes are assessed and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as the “City of Las Vegas Highway Redemption Fund.”

      Sec. 14.  It shall be obligatory on the said city, and its proper officers, to pay in full the accrued interest on said bonds, beginning on the first interest date after their issuance, and thereafter on the first day of July and the second day of January in each and every year, until all of said bonds have been redeemed and retired.

      Sec. 15.  Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of city commissioners of said city, be transferred to the street fund.

      Sec. 16.  Whenever the city treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof, “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the city clerk, taking his receipt therefor, which receipt shall be filed with the clerk of the board of city commissioners, and credit to the treasurer shall be made on the books for the amount so paid.


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

ê1923 Statutes of Nevada, Page 109 (CHAPTER 74, AB 78)ê

 

of the board of city commissioners, and credit to the treasurer shall be made on the books for the amount so paid.

      Sec. 17.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present such bonds to the city treasurer for payment when they become due, all interest on each of such bonds shall immediately cease.

      Sec. 18.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation thereby imposed be omitted, until all of the bonds and coupons issued hereunder and by virtue hereof shall be paid in full, as in this act specified.

      Sec. 19.  All acts or parts of acts in conflict herewith are hereby repealed.

 

 

 

Interest ceases, when

 

Faith of state pledged

 

 

Conflicting acts repealed

 

________

 

CHAPTER 75, AB 89

[Assembly Bill No. 89–Mr. Yeager]

 

Chap. 75–An Act to authorize and direct the board of school trustees of Canal school district number 15 of Lyon County, State of Nevada, to issue bonds for the purpose of liquidating, canceling, and retiring floating indebtedness outstanding in said district.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of Canal school district number 15, of Lyon County, State of Nevada, is hereby authorized and required to prepare and issue bonds of said school district in the amount of six thousand five hundred dollars, for the purpose of providing funds for paying off, liquidating, canceling and retiring floating indebtedness outstanding against said school district at the date hereof, which said floating debt was created in constructing, equipping and furnishing of school property owned and used by said district, and in the conduct of the schools of said district, prior to the date hereof.

      Sec. 2.  The bonds authorized hereunder shall be issued in the sum of five hundred dollars each, shall bear interest at a rate not to exceed six per cent per annum; said bonds shall be numbered from 1 to 13, inclusive, and shall be signed by the president and clerk of said board of school trustees, and countersigned by the treasurer of Lyon County. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the clerk of said board of trustees. The principal and interest of said bonds shall be payable in lawful money of the United States of America.

      Sec. 3.  The board of school trustees of said school district number 15 are hereby authorized to negotiate the sale of the said bonds by advertising for sealed bids; provided, that no bonds shall be sold for less than their par value.

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for Canal school district, Lyon county; $6,500

 

 

 

 

 

Denomination of bonds; interest


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

ê1923 Statutes of Nevada, Page 110 (CHAPTER 75, AB 89)ê

 

School trustees to sell bonds; par value

 

County treasurer custodian

 

 

 

 

 

Annual tax

 

 

 

 

 

 

 

 

 

 

One bond redeemed annually

 

 

 

 

Interest ceases, when

 

 

 

County treasurer to cancel paid bonds

trict number 15 are hereby authorized to negotiate the sale of the said bonds by advertising for sealed bids; provided, that no bonds shall be sold for less than their par value.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Lyon County, Nevada, and the said county treasurer is required to receive and safely keep the same in a fund to be known as Canal school district number 15 floating debt fund, and to pay out said moneys only on warrants signed by the county auditor of Lyon County, who shall not issue any warrants against said fund, except upon vouchers signed by the president and clerk of the board of school trustees of said school district number 15.

      Sec. 5.  For the purpose of creating a fund for the payment of said bonds, as authorized by this act, and the interest thereon, the board of county commissioners of Lyon County, Nevada, is hereby authorized and directed, at the time of making the annual levy of taxes for state and county purposes for the year A. D. 1923, and annually thereafter, to levy sufficient tax on all property, both real and personal, within said Canal school district number 15 to redeem one of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by said act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created to be known as the Canal school district number 15 bond, interest and redemption fund.

      Sec. 6.  On the first Monday in July, A. D. 1924, and every year thereafter, one of said bonds, together with the interest thereon, and the accumulated interest on all unredeemed bonds, shall be paid. The payment and redemption of said bonds shall be in the order of their issuance, the lowest-numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act, together with the interest coupons, have been paid off and redeemed.

      Sec. 7.  No bond or coupon herein provided for shall draw interest after the date the same shall become due and payable. Said bonds shall mature following their numerical order, and beginning on the first Monday in July, 1924, one each year thereafter until all are paid.

      Sec. 8.  All bonds and interest coupons issued hereunder shall be payable at the office of the county treasurer of Lyon County. When any of said bonds herein provided for shall be redeemed the county treasurer shall mark the same “Paid” across the face thereof, with his signature and the date of payment, and deliver the same to the county auditor, taking his receipt therefor.


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ê1923 Statutes of Nevada, Page 111 (CHAPTER 75, AB 89)ê

 

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed omitted, until all of the bonds and coupons issued thereunder shall have been paid in full.

Faith of state pledged

 

________

 

CHAPTER 76, AB 97

[Assembly Bill No. 97–Washoe County Delegation]

 

Chap. 76–An Act authorizing and empowering the city council of the city of Reno, county of Washoe, State of Nevada, to dispose of certain parcels of real estate.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Reno is hereby authorized and empowered to act as follows:

      To grant, bargain, sell and convey to Mrs. J. M. Ayers, of Reno, Nevada, the following-described property, situated in the city of Reno, county of Washoe, State of Nevada, to wit:

 

       That certain piece of ground lying along the north side of First street between Chestnut street and West avenue, with a width of twenty (20) feet north from First street.

 

      Further, to grant, bargain, sell and convey to The Twentieth Century Club, a corporation, organized and doing business under and by virtue of the laws of the State of Nevada, with its principal place of business in the city of Reno, Nevada, the following-described property, situated in the city of Reno, county of Washoe, State of Nevada, to wit:

 

       That part of lot 8, block 1, Powning’s addition to Reno, according to the plat on file in the office of the county recorder of Washoe County, and described as follows: A triangular piece of ground extending 70 feet on First street and 30 feet on Chestnut street from the northwest corner of First and Chestnut streets.

 

 

 

 

 

 

 

 

 

 

Reno city council authorized to sell certain property

 

________

 

 


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ê1923 Statutes of Nevada, Page 112ê

CHAPTER 77, AB 101

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending Reno charter

 

 

 

Powers and duties of city council of Reno

[Assembly Bill No. 101–Washoe County Delegation]

 

Chap. 77–An Act to amend an act entitled “An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” by dividing section 10 of article XII of said act into sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, and 10j, and amending same by adding thereto a new section to be known as section 10k.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 or article XII of said act is hereby amended and divided into sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, and 10j, so as to read as follows:

      Section 10.  The city council, among other things, shall have power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second-To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published or posted as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication.

      Third-To levy and collect annually for general purposes a tax of not to exceed three-quarters of one per cent upon the assessed value of all real and personal property within the city and which is by law taxable for state and county purposes; and in addition thereto to levy and collect annually a tax of not less than one-quarter of one per cent upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purpose;


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

ê1923 Statutes of Nevada, Page 113 (CHAPTER 77, AB 101)ê

 

provided, that all moneys now held in any special fund not herein provided for may be transferred to the general fund of the city; provided, further, that the total amount levied annually for all tax purposes within the city shall not exceed one per cent of the assessed value of all of the real and personal property within the city which is by law taxable for state and county purposes.

      Fourth-To sell, use, lease, improve, hold and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      Section 10a.  The city council, among other things, shall have power:

      To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any street, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or degrading any street or alley, or in any way improving the same, and defrays the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund.

Powers and duties of city council of Reno


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

ê1923 Statutes of Nevada, Page 114 (CHAPTER 77, AB 101)ê

 

Powers and duties of city council of Reno

assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made.


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ê1923 Statutes of Nevada, Page 115 (CHAPTER 77, AB 101)ê

 

what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction.

Powers and duties of city council of Reno


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ê1923 Statutes of Nevada, Page 116 (CHAPTER 77, AB 101)ê

 

Powers and duties of city council of Reno

any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty per cent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax-roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases.


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ê1923 Statutes of Nevada, Page 117 (CHAPTER 77, AB 101)ê

 

parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, City of Reno, ss. To the City Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving Virginia street from First street to Fourth street in said city, as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

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

                                        …………………………., City Assessor.

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

Powers and duties of city council of Reno


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ê1923 Statutes of Nevada, Page 118 (CHAPTER 77, AB 101)ê

 

Powers and duties of city council of Reno

or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.

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

      Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

Notice Of Special Assessment

 

      To (insert the name of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), (or as the case may be), is now on file at my office for public inspection, Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.


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ê1923 Statutes of Nevada, Page 119 (CHAPTER 77, AB 101)ê

 

the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.

      Dated………………..

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

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council the……….day of……………. (month), 19….. (affixing the time).

      Dated ………………..

                                                                                    …………………………., City Clerk.”

      Section 10b.  The city council, among other things, shall have power:

      When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid.

Powers and duties of city council of Reno


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ê1923 Statutes of Nevada, Page 120 (CHAPTER 77, AB 101)ê

 

Powers and duties of city council of Reno

cels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Reno in the same manner as any other action for money owed the city of Reno; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions.

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

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

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied.


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ê1923 Statutes of Nevada, Page 121 (CHAPTER 77, AB 101)ê

 

premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this section before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

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

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Powers and duties of city council of Reno

that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the special assessment roll and shall constitute conclusive authority for the change so made.

      In construing powers of sections 10a and 10b of article XII, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Section 10c.  The city council, among other things, shall have power:

      First-To organize, regulate, maintain, and disband a fire department, to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible, or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof.

      Second-To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same by the city or at the expense of the parties creating, maintaining, causing, or committing such nuisances, and to provide for the penalty and punishment for the same.

      Third-To provide for safeguarding the health of the city. For this purpose the city council may appoint a city board of health, and by ordinance prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor.

      Fourth-To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any, every, and all kinds for which an admission fee is charged; circuses, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements.


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tions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch counters, barrooms, lodging-houses, accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose, and collect a license tax on and regulate auctioneers and stockbrokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all barrooms, gambling games, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance-houses having special attractions, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every, and all kinds, of trades and traders of all kinds, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers, or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barbershops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horse-shoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments,

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Powers and duties of city council of Reno

dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers, and brokers of any, every, and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger-service establishments, contracts, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any, and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands, or shops, abstract of title companies, or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks, and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or calling not herein specifically named; provided, that in fixing licenses, the city council must as nearly as practicable make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed.

      Section 10d.  The city council, among other things, shall have power:

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

      Second-To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same.


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assemblage or disorderly conduct within the city, and to provide for the punishment of the same.

      Third-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

      Fourth-To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election.

      Fifth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made up of cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council, be necessary and to require street-railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way.

      Sixth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof.

      Seventh-To provide for the issuance of all licenses in this charter authorized, and to fix the amount thereof and the time for, manner of, and terms upon which the same shall be issued.

      Eighth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.

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Powers and duties of city council of Reno

      Section 10e.  The city council, among other things, shall have power:

      First-To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits, where the same may be located, and to provide for the issuance of burial or transit permits, and make a charge therefor.

      Second-To establish, lay out and change fire limits, and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits, and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Third-To provide by ordinance for supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years before the County Clerk, as provided in the general law for municipal elections, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections.

      Fourth-To provide and maintain a city prison, and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

      Fifth-To prohibit the keeping of and prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound, and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

      Sixth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric-light, and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Section 10f-The city council, among other things, shall have power:

      First-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliance for protection against fire; to prevent the construction and cause the removal of dangerous chimneys,


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ê1923 Statutes of Nevada, Page 127 (CHAPTER 77, AB 101)ê

 

same fire escapes and appliance for protection against fire; to prevent the construction and cause the removal of dangerous chimneys, walls, and partly demolished structures, stovepipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city, to prevent the depositing of ashes, rubbish, shavings, lumber, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the person in possession or responsible therefor, all of nauseous matter; filth, accumulated rubbish, debris, nauseous, stinking, or foul privy vaults; and if after the city council has given written notice to the owner or agent of any lot or premises to clean the same of any accumulated rubbish, garbage, debris or filth, the said owner or agent refuses or fails for a period of two days from and after receipt of said notice so to do, the city council may remove the said rubbish, garbage or debris, or filth, and collect the cost of said removal by suit against the said owner and lot or premises, and the cost of said removal shall be a lien against the said lot or premises until paid, and in the said action for recovery of the cost of said removal it shall not be necessary to join as defendant any party other than the name of the actual record owner of the said lot or premises.

      Second-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, entrances or exits of such places.

      Third-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.

      Fourth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

      Fifth-To require upon such notice as the city council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of any portion thereof of filling upon such real estate, and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for.

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Powers and duties of city council of Reno

the same from being so covered, and may assess the cost of any portion thereof of filling upon such real estate, and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for.

      Section 10g.  The city council, among other things, shall have power:

      First-To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys, or any other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding; or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Fourth-To prohibit and suppress the manufacture, sale or other disposal of intoxicating liquor within the city.

      Section 10h.  The city council, among other things, shall have power:


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      First-To regulate the use, sale, and methods and means of distribution of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric light meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect.

      Second-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting.

      Third-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.

      Fourth-To adopt and enforce by ordinance, all such measures and establish all such regulations in case no express provision is in this charter made, as the city council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.

      Section 10i.  The city council, among other things, shall have power:

      First-To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome, or offensive.

      Second-To require all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause at their expense such ditch or canal to be completely bridged from side to side of such streets or alleys, and, upon failure so to do, the city council may bridge said ditch or canal across any streets or alleys, and may assess the cost of any portion thereof against said ditch or canal, or against the company, person, or individual owning, operating, or controlling the same, and make a lien upon said property, in which case said lien shall be preserved, enforced, and foreclosed, as any other case herein provided for.

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Powers and duties of city council of Reno

served, enforced, and foreclosed, as any other case herein provided for.

      Third-To compel the owner of any grocery, tallow-candler shop, soap or candle factory, butcher-shop, or stall, slaughter-house, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, or committing the same.

      Fourth-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the city council it shall be necessary or expedient, for the purpose of supervising and directing any public work; the salary and compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      Fifth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months’ imprisonment, or both such fine and imprisonment.

      Sixth-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive.

      Section 10j.  The city council, among other things, shall have power:

      First-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary, in the judgment of the city council, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the city council, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement, which benefits the property or owner thereof.

      Second-To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents, and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

      Third-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference.


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ê1923 Statutes of Nevada, Page 131 (CHAPTER 77, AB 101)ê

 

places of the city, and to prescribe the punishment for such injury and interference.

      Fourth-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      Fifth-To change or enlarge the boundaries of any ward by ordinance, so as to annex or include therein additional lands with the tenements, property and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex said territory; and provided further, that when the city council of the city of Reno deems it necessary to annex additional territory to said city of Reno, and the inhabitants of said territory have not petitioned for annexation, that the said city council shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the city council shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published one week in a newspaper in said city of Reno, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause on the date named, why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing, if a majority of the free-holders residing in said territory sought to be annexed do not protest, the said city council shall pass an ordinance declaring said property to be annexed to, and be a part of the said city of Reno, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Washoe, and said territory shall then be a part of the said city of Reno and subject to all the taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a two-thirds (2/3) vote of the council to pass said ordinance annexing said territory to the said city of Reno; and provided further, that no change in the boundaries of any ward shall be made within sixty (60) days next preceding any general city election, and in no event, oftener than every two years.

      Sixth-To suppress or regulate and collect a license tax on circus or other public parades through the streets of the city.

 

Powers and duties of city council of Reno


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New section added

 

 

 

Pension fund for city employees

      Seventh-In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished during the year, for the purposes of publicity.

      Eighth-To employ or appoint, on its own motion, such person or persons as it may deem expedient or necessary in any department of the city, who shall thereupon be subject to the supervision and regulation of the department head thereof.

      Sec. 2.  Article XII of said act is hereby amended by adding thereto a new section to be known as section 10k, to read as follows:

      Section 10k.  The city council of the city of Reno, among other things, shall have power:

      To provide, by ordinance, for a pension fund and for the payment of pensions to employees of the city of Reno who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall in said ordinance creating said fund, set aside annually not to exceed one per cent of the taxes collected annually for general purposes in said city, for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purpose may be invested by the said city of Reno in its own bonds or in an interest savings account in a bank in the city of Reno.

 

________

 

CHAPTER 78, AB 104

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State recreation grounds and game refuges

 

 

Proclamation by governor

[Assembly Bill No. 104–Assembly Fish and Game Committee]

 

Chap. 78–An Act authorizing the governor to set aside certain areas of the public domain of the State of Nevada, to be known as state recreation grounds and game refuges; providing for the protection and preservation of game therein, and prescribing a penalty for the violation thereof; making an appropriation therefor, and requiring that the fish and game commission provide a method for the stocking of the state recreation grounds and game refuges.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor of the state shall select, designate and set aside by proclamations suitable areas described by metes and bounds of the public domain of Nevada, not exceeding twenty-five in number, such areas to be known as state recreation grounds and game refuges.

      Sec. 2.  From and after the publication of a proclamation by the governor selecting, designating and setting aside any state recreation grounds and game refuges, it shall be unlawful for any person or persons, firm, company, corporation or association to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy any wild fowl or game bird, any insectivorous, plume or song bird or to take, injure or remove from any nest of any bird any egg or eggs, or to kill, catch, trap, wound or pursue, with an attempt to catch, capture, injure or destroy any game animals, in, over, or upon such designated areas.


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ê1923 Statutes of Nevada, Page 133 (CHAPTER 78, AB 104)ê

 

ful for any person or persons, firm, company, corporation or association to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy any wild fowl or game bird, any insectivorous, plume or song bird or to take, injure or remove from any nest of any bird any egg or eggs, or to kill, catch, trap, wound or pursue, with an attempt to catch, capture, injure or destroy any game animals, in, over, or upon such designated areas.

      Sec. 3.  Any person or persons, firm, company, corporation or association violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25), nor more than five hundred dollars ($500), or imprisoned in the county jail in the county where the conviction is had for any term not exceeding six months, or by both such fine and imprisonment.

      Sec. 4.  The state fish and game commission is hereby made the administrative body of this act, and as soon as practicable after the passage of the act shall establish and put into effect a practicable method of propagating wild fowl, game birds and game animals, within the State of Nevada, to the end that such wild fowl, game birds and game animals may be used in stocking the state recreation grounds and game refuges. The said commission is empowered to make such expenditures out of the appropriation created herein as it may deem necessary in improving such recreation grounds and game refuges and in caring for such wild fowl, game birds and game animals, and such other and further expenditures out of the appropriation created herein as it may deem necessary in carrying out the provisions of this act.

      Sec. 5.  The sum of five thousand dollars ($5,000) is hereby appropriated, out of the general fund of the state treasury not otherwise appropriated, to carry out the provisions of this act.

 

 

 

 

 

 

Penalty for hunting on such grounds

 

 

 

 

Fish and game commission to administer act

 

 

 

 

 

 

 

Appropriation, $5,000

 

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CHAPTER 79, AB 105

[Assembly Bill No. 105–Mr. Meyers]

 

Chap. 79–An Act to regulate the fees to be charged and collected by the county clerk of Ormsby County, State of Nevada, and to repeal all other acts and parts of acts in conflict herewith.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Ormsby County, State of Nevada, shall charge and collect for the use of said county the following fees; provided, however, that said clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, or Ormsby County, or any city or town within said Ormsby County, or any officer thereof within his official capacity:

 

 

 

 

 

 

 

 

 

 

 

 

Fees of clerk of Ormsby County


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ê1923 Statutes of Nevada, Page 134 (CHAPTER 79, AB 105)ê

 

Fees of clerk of Ormsby County

him to the State of Nevada, or Ormsby County, or any city or town within said Ormsby County, or any officer thereof within his official capacity:

      On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, fifteen dollars, together with the sum of one dollar for each day’s attendance in court upon the hearing of any demurrer, motion or petition, and the sum of three dollars for each day’s attendance in court upon the trial of the action; said fees to include all court fees now provided for by law;

      On the filing of a petition for letters testamentary, or of administration, or guardianship, fifteen dollars, to be paid by the petitioner; and in addition thereto at the time of filing the inventory and appraisement there shall be charged and collected the additional sum of one dollar and fifty cents for each one thousand dollars of the appraised value in excess of the sum of two thousand dollars;

      On filing a petition to contest any will or codicil, the same fee as hereinbefore set forth to be charged in other civil actions;

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; for each additional defendant appearing separately, five dollars.

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

      On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, three dollars.

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

      For filing a notice of appeal, and appeal bonds, each, twenty-five cents.

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

      The clerk shall also charge and collect the following fees not above provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents;

      For each certificate of the clerk, under the seal of the court, fifteen cents;


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ê1923 Statutes of Nevada, Page 135 (CHAPTER 79, AB 105)ê

 

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

      No fee shall be charged by the clerk for services rendered in criminal actions.

      For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall charge and collect the following fees:

      For filing and indexing articles of incorporation, two dollars and fifty cents;

      For filing, indexing and registering certificates of copartnership, two dollars and fifty cents;

      For filing and indexing all papers, to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, one dollar; provided, no fee shall be charged for filing official bonds of county or township officers;

      For examining and certifying to a copy of any paper, record, or proceeding prepared by another, and presented for his certificate, fifty cents, and five cents per folio for comparing said copy with the original;

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

      For administering each oath, without certificate, except in pending action or proceeding, fifty cents;

      For taking any affidavit, except in criminal cases, fifty cents;

      For taking and approving each undertaking, and the justification thereof, except in criminal cases, one dollar;

      For filing and receiving remittitur from supreme court, one dollar;

      For searching records or files in his office, for each year (but no charge to suitors or attorneys), fifty cents;

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

      The clerk shall also charge and collect all other fees provided for by law not above enumerated or constituting a part of civil proceedings instituted in the district court of said Ormsby County.

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

Fees of clerk of Ormsby County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conflicting acts repealed

 

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ê1923 Statutes of Nevada, Page 136ê

CHAPTER 80, AB 107

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

 

 

Affidavit taken in foreign country before judge or U. S. agent

 

In effect

[Assembly Bill No. 107–Mr. Kennedy]

 

Chap. 80–An Act to amend section 510 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 510 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being paragraph 5452, Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 510.  An affidavit taken in a foreign country to be used in this state shall be taken before an ambassador, minister, consul, vice-consul or consular agent of the United States, or before any judge of a court of record having a seal in such foreign country.

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

 

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CHAPTER 81, AB 108

 

 

 

 

 

 

 

 

 

Salaries of officers of Clark County

 

 

 

Sheriff; deputies

 

 

 

 

 

Recorder; deputies

[Assembly Bill No. 108–Mr. Martin]

 

Chap. 81–An Act to regulate the salaries of certain county officials of Clark County.

 

[Approved March 5, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after July 1, 1923, the sheriff of Clark County shall receive a salary of twenty-seven hundred dollars per annum, and such commissions as are now allowed by law, not to exceed in the aggregate the total compensation of three thousand dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than ten miles from the county-seat. He shall appoint a deputy sheriff, who shall also act as jailer, at a compensation not to exceed one hundred and fifty ($150) dollars per month. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred dollars each per month, each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff, or by the board of county commissioners.

      The county recorder and auditor shall receive a compensation of twenty-four hundred dollars per annum, and the board of county commissioners may allow him such thoroughly competent deputies, at a salary not to exceed one hundred and fifty ($150) dollars per month, as in their judgment the volume of the work in his office may require.


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ê1923 Statutes of Nevada, Page 137 (CHAPTER 81, AB 108)ê

 

hundred and fifty ($150) dollars per month, as in their judgment the volume of the work in his office may require. All fees paid into the recorder and auditor’s office shall belong to the county.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of eighteen hundred dollars per annum.

      The county assessor shall receive a salary of twenty-seven hundred dollars per annum, which shall be full compensation for all services rendered, and in addition thereto shall receive all necessary traveling expenses while in the performance of his duties.

      The district attorney shall receive a salary of twenty-one hundred dollars per annum, which shall be full compensation f