[Rev. 12/19/2019 5:33:28 PM]

Link to Page 200

 

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ê1923 Statutes of Nevada, Page 201 (CHAPTER 120, SB 105)ê

 

recorded, it shall also show the character of the instrument indexed.

      The recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.

      The first column of the several indexes for grantors, mortgagors, plaintiffs, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, or second party, as the case may be, and the names of the parties in the first column of such indexes must be arranged in alphabetical order. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded to which an executor, administrator, guardian, or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, or intestate, or party for whom the trust is held, must be inserted in the index.

      In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.

      Every instrument filed in the office of any county recorder for record must be alphabetically indexed in the indexes so provided for each separate book or set of books under the names of each grantor, mortgagor, plaintiff or first party thereto, in the index provided for that purpose and also under the names of each grantee, mortgagee, defendant or second party thereto in the index provided for that purpose.

      Sec. 4.  When any instrument, paper, or notice authorized by law to be recorded, is deposited in the recorder’s office for record, the recorder must indorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, the file-number thereof, the book and page where recorded, the amount of fees for recording, and must record the same without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order in which the same were received for record, and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded.

 

Indexes to be kept distinct

 

 

Description of indexes

 

 

 

 

 

 

 

 

 

 

 

Other indexes required

 

 

All instruments alphabetically indexed

 

 

 

Recorder must indorse all papers with exact time of receipt, etc.


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ê1923 Statutes of Nevada, Page 202 (CHAPTER 120, SB 105)ê

 

All records open for free inspection

 

 

Date of indexing imparts notice to all persons

 

 

 

 

 

 

 

 

Deed of trust, mortgage, or chattel mortgage

 

 

 

 

 

 

 

 

 

 

 

Recorded instrument imparts notice

 

 

 

All realty recorded in county where situated

      Sec. 5.  All books of records, maps, charts, surveys, and other papers on file in the recorder’s office, must, during office hours, be open for inspection by any person, without charge; and the recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection.

      Sec. 6.  Whenever any instrument filed for record with the county recorder of any county in the State of Nevada has been copied into a book of record other than that designated by law, but which said instrument has been or may hereafter be indexed in the proper book of indexes, such instrument from the date of indexing imparts notice of its contents to all persons; and subsequent purchasers, mortgagees, lienholders and incumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of record, notwithstanding that such instrument may have been copied into some book of record in the office of the county recorder where the same was filed for record other than that designated by law, provided the same was copied into some book of record kept in the office of the county recorder where the same is entitled to record.

      Sec. 7.  Whenever any instrument has been filed for record with the county recorder of any county in the State of Nevada as a deed of trust, mortgage or chattel mortgage, or copied into any book of deeds, deeds of trust, mortgages or chattel mortgages, such instrument need not be again filed for record or recorded in such office as a different instrument from that so filed for record or recorded, but such recorder must index such instrument in any of the indexes kept in his office upon the request of the person recording such instrument and the payment to him of his legal fees for such indexing. Such instrument from the date of such indexing imparts notice of its contents to all persons; and subsequent purchasers, mortgagees, lienholders and incumbrancers purchase and take with like notice and effect as if such instrument had been copied or recorded in the proper book of records corresponding with such indexes where so indexed, notwithstanding such instrument has been but once recorded or copied in the records of such office.

      Sec. 8.  Every instrument of writing acknowledged or proved and certified and recorded in the manner prescribed in this act shall from the time of filing the same with the county recorder of the proper county for record impart notice to all persons of the contents thereof and all third parties shall be deemed to purchase and take with notice.

      Sec. 9.  Instruments affecting real property must be recorded in the office of the county recorder of the county in which the real property is situated.

      Sec. 10.  A copy of any instrument once recorded certified by the county recorder in whose office such instrument is recorded may be recorded in any other county of this state, and when so recorded the record thereof shall have the same force and effect as though it was of the original instrument.


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ê1923 Statutes of Nevada, Page 203 (CHAPTER 120, SB 105)ê

 

fied by the county recorder in whose office such instrument is recorded may be recorded in any other county of this state, and when so recorded the record thereof shall have the same force and effect as though it was of the original instrument.

      Sec. 11.  If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded, is delivered for record:

      (1) Neglects or refuses to record such instrument, paper, or notice within a reasonable time after receiving the same;

      (2) Records any instrument, paper, or notice, wilfully or negligently, untruly, or in any other manner than is hereinbefore directed;

      (3) Neglects or refuses to keep in his office such indexes as are required by this article, or to make the proper entries therein; or

      (4) Alters, changes, or obliterates any record deposited in his office, or inserts any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby.

      Sec. 12.  An act entitled “An act to amend an act entitled ‘An act concerning county recorders, and defining their duties,’ approved March 9, 1865, by adding thereto an additional section, to be known as section 6 thereof,” approved March 11, 1921, and all other acts and parts of acts in conflict herewith are hereby repealed.

Certified copy recorded

 

 

Recorder liable for certain wrongful acts

 

 

 

 

 

 

 

 

 

 

Certain act and all conflicting acts repealed

 

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CHAPTER 121, SB 112

[Senate Bill No. 112–Senator Cowles]

 

Chap. 121–An Act to establish free employment agencies within the state, providing for the management and regulation of such agencies, providing a penalty for the violation of such regulations, authorizing cooperation with the federal government in the establishment and maintenance of such agencies, and providing an appropriation to carry out the provisions of this act.

 

[Approved March 9, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state free employment service of the State of Nevada is hereby established. The commissioner of labor shall also be the executive officer of the state free employment service, and the management of such service shall be under his supervision. He shall have authority to appoint agents who shall be under the direction of said commissioner of labor as may be required in carrying out the provisions of this act, such agents being located at convenient points in the state for the handling of the movement of labor of all classes, with the view that labor will not be congested at any one point and to use their best endeavors to keep the supply of labor filled at the places where it is desired and in seasonable time.

 

 

 

 

 

 

 

 

 

 

 

 

 

State free employment service created; commissioner of labor executive head


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ê1923 Statutes of Nevada, Page 204 (CHAPTER 121, SB 112)ê

 

 

 

 

Agents, where located

 

 

 

 

 

 

Clerical assistants authorized

 

 

 

To serve both employer and employee

 

 

 

Agents to report

 

 

 

 

 

 

 

No fees

 

Penalty for accepting fees

of labor of all classes, with the view that labor will not be congested at any one point and to use their best endeavors to keep the supply of labor filled at the places where it is desired and in seasonable time.

      Such agents may be located at points in the state which will best serve to carry out the provisions and intent of this act, and the commissioner in charge has power to enter into agreements with the governing bodies of cities, towns or counties which desire such service, to use a portion of the fund provided by the state to assist in the maintenance of any such service put into effect by such governing bodies, or he may establish offices at points where he deems it to be for the best interest of employment, and maintain the same.

      The commissioner of labor, in the capacity of head of the state free employment service, is hereby empowered to employ such clerical assistants as are necessary to carry out the provisions of this law and fix their compensation; to secure and distribute the necessary books and forms for keeping a record of the movement of labor, registration and placements, and all reports required to be made to that end.

      Sec. 2.  The agents in charge of any of the state free employment offices established under the provisions of this act, and under the direction of the commissioner of labor, shall receive applications from those seeking employment and from those seeking employees, and shall register every applicant on properly arranged cards or forms provided by the commissioner of labor.

      Sec. 3.  Each such agent shall make the commissioner of labor such periodic reports of applications for labor or employment and all other details of the office work of each office and the expense of maintaining the same as the commissioner may require.

      Sec. 4.  The commissioner of labor shall have power to solicit business for the state free employment service, established under this act, by advertising in newspapers and in any other way he may deem expedient; provided, that the expenditure under the provisions of this act shall not exceed ten per cent of the total expenditure.

      Sec. 5.  No fees, direct or indirect, shall in any case be charged or received from those seeking the benefits of this act.

      Sec. 6.  Any agent or clerk, subordinate or appointee appointed under the provisions of this act who shall accept, directly or indirectly, any fee, compensation, or gratuity from any one seeking employment, or from any one offering employment, under this act, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in jail not to exceed three months, or both, and shall thereafter be disqualified from holding any office or position in such department.


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ê1923 Statutes of Nevada, Page 205 (CHAPTER 121, SB 112)ê

 

      Sec. 7.  An employer, or a representative of employers or employees, may file at a state free employment office a signed statement with regard to a strike or lockout affecting their trade. Such statement shall be posted in the employment office, but not until it has been communicated to the employers affected, if filed by employees, or to the employees affected, if filed by employers. In case a reply is received to such a statement, it shall also be posted in the employment office with the same publicity given the first statement. If an employer affected by a statement notifies the state free employment service of a vacancy or vacancies, the agent in charge shall advise any applicant for such vacancy or vacancies of the statements posted.

      Sec. 8.  The commissioner of labor is hereby authorized and empowered to cooperate with the federal government in the establishment and maintenance within the State of Nevada of one or more employment bureaus for the purpose of bringing together the man and the job. Such cooperative employment bureaus, when established, shall be under the joint management of the cooperative parties, and the cost and expense of establishing and of carrying on any such bureau shall be borne by the cooperative parties upon an equitable basis to be agreed upon between them.

      Sec. 9.  There is hereby appropriated for the purpose of this act, out of any moneys in the state treasury not otherwise appropriated, the sum of fifteen hundred dollars ($1,500), or as much thereof as may be necessary to carry out the provisions of this act.

Statements regarding strikes and lockouts

 

 

 

 

 

 

 

To cooperate with federal government

 

 

 

 

 

Appropriation, $1,500

 

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CHAPTER 122, SB 116

[Senate Bill No. 116–Senator Uniacke]

 

Chap. 122–An Act to amend an act entitled “An act to provide for the organization and government of drainage districts, and to provide for the acquisition, repair and development of canals, drains, ditches, watercourses, and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes, and for the issuance and sale of bonds thereof,” approved March 31, 1913, as amended March 6, 1915, as amended March 29, 1915, as amended March 27, 1917, and as amended April 1, 1919.

 

[Approved March 9, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 21 of the above-entitled act is amended to read as follows:

      Section 21.  The board of supervisors or other officers of the district shall have no power to incur any debt or liability whatsoever, either by issuing bonds or otherwise, in excess of the express provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limiting power of drainage-district officers to incur debt


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ê1923 Statutes of Nevada, Page 206 (CHAPTER 122, SB 116)ê

 

 

 

 

 

 

 

 

Temporary loans, how obtained

of the express provisions of this act. A debt or liability incurred in excess of the provisions of this act shall be in the main absolutely void, except that for the purpose of organization or for the purpose of this act the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding seven per cent per annum, and also except that in cases of great necessity or emergency the board of supervisors may apply to the state board of finance as provided in the cases of cities, towns, school districts and high-school districts, for permission to make a temporary loan to meet such necessity or emergency, and said state board of finance may give its permission on like terms as required of cities, towns, school districts and high-school districts. Any such indebtedness, however, so created shall in no sense be the personal obligation of the board of supervisors, but shall constitute a lien upon the lands embraced within said drainage district. The limit of the fund for such purpose shall be in amount equivalent to an average of one and one-half dollars per acre throughout the district, and it shall be the duty of the board of supervisors, in the preparation of the next annual budget, to make provision for the payment of all such warrants and evidences of indebtedness and the interest thereon.

 

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CHAPTER 123, SB 135

 

 

 

 

 

 

Relief of L. A. & S. L. railroad

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $1,361.39

[Senate Bill No. 135–Committee on Claims]

 

Chap. 123–An Act for the relief of the Los Angeles and Salt Lake railroad company.

 

[Approved March 9, 1923]

 

      Whereas, The Los Angeles and Salt Lake railroad company in the months of August, September and November, 1922, furnished to the State of Nevada, at the request of the Nevada state police, goods, wares and merchandise in the sum of $1,361.39, and which supplies so furnished were necessary for the maintenance of the Nevada state police, then stationed at Las Vegas, Nevada; and

      Whereas, There was a deficiency in the appropriation for the Nevada state police for the year 1922 and there are no funds in said department for the payment of the obligation thereby incurred, and said amount as stated above has been approved by the head of the Nevada state police and by the state board of examiners for the year 1922, and is a just and legal claim against the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw and deliver to the Los Angeles and Salt Lake railroad company a warrant for $1,361.39, and the state treasurer is hereby directed to pay the same.


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ê1923 Statutes of Nevada, Page 207 (CHAPTER 123, SB 135)ê

 

company a warrant for $1,361.39, and the state treasurer is hereby directed to pay the same.

 

 

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CHAPTER 124, AB 145

[Assembly Bill No. 145–Mr. Nelson]

 

Chap. 124–An Act to provide for a uniform law concerning bills of lading, making certain actions crimes, and providing penalties therefor.

 

[Approved March 9, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Bills of lading issued by any common carrier shall be governed by this act.

      Sec. 2.  Every bill must embody within its written or printed terms:

      (a) The date of its issue;

      (b) The name of the person from whom the goods have been received;

      (c) The place where the goods have been received;

      (d) The place to which the goods are to be transported;

      (e) A statement whether the goods received will be delivered to a specified person, or to the order of a specified person;

      (f) A description of the goods or of the packages containing them, which may, however, be in such general terms as are referred to in section 15 of this act; and

      (g) The signature of the carrier.

      A negotiable bill shall have the words “order of” printed thereon, immediately before the name of the person upon whose order the goods received are deliverable.

      A carrier shall be liable to any person injured thereby for the damage caused by the omission from a negotiable bill of any of the provisions required in this section.

      Sec. 3.  A carrier may insert in a bill, issued by him, any other terms and conditions, provided that such terms and conditions shall not-

      (a) Be contrary to law or public policy, or

      (b) In any wise impair his obligation to exercise at least that degree of care in the transportation and safe-keeping of the goods intrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.

      Sec. 4.  A bill in which it is stated that the goods are consigned or destined to a specified person, is a non-negotiable or straight bill.

      Sec. 5.  A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill, is a negotiable or order bill.

      Any provision in such a bill that is non-negotiable shall not affect its negotiability within the meaning of this act.

 

 

“Uniform Bills of Lading Act”

 

 

 

 

 

 

 

 

What bill must include

 

 

 

 

 

 

 

 

 

Negotiable bill

 

 

 

Carrier may insert certain terms in bill

 

 

 

 

Non-negotiable bill

 

Negotiable bill


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ê1923 Statutes of Nevada, Page 208 (CHAPTER 124, AB 145)ê

 

Bills not issued in sets

 

 

 

 

 

 

“Duplicate”

 

 

 

 

 

 

 

“Not negotiable”

 

 

 

Negotiability not limited

 

Consignor receiving bill without protest cannot deny terms

 

 

Carrier liable, to whom

      Sec. 6.  Negotiable bills issued in this state for the transportation of goods to any place in the United States on the continent of North America, except Alaska, shall not be issued in parts or sets.

      If so issued, the carrier issuing them shall be liable for failure to deliver the goods described therein to any one who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts.

      Sec. 7.  When more than one negotiable bill is issued in this state for the same goods to be transported to any place in the United States on the continent of North America, except Alaska, the word “duplicate” or some other word or words indicating that the document is not an original bill shall be placed plainly upon the face of every such bill, except the one first issued. A carrier shall be liable for the damage caused by his failure so to do, to any one who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill.

      Sec. 8.  A non-negotiable bill shall have placed plainly upon its face by the carrier issuing it “non-negotiable” or “not negotiable.”

      This section shall not apply, however, to memoranda or acknowledgments of an informal character.

      Sec. 9.  The insertion in a negotiable bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill, or constitute notice to a purchaser thereof of any rights or equities of such person in the goods.

      Sec. 10.  Except as otherwise provided in this act where a consignor receives a bill and makes no objection to its terms or conditions at the time he receives it, neither the consignor nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the bill shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to law or public policy.

      Sec. 11.  A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods, or if the bill is negotiable, by the holder thereof, if such demand is accompanied by-

      (a) An offer in good faith to satisfy the carrier’s lawful lien upon the goods;

      (b) An offer in good faith to surrender, properly indorsed, the bill which was issued for the goods if the bill is negotiable; and

      (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier.


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ê1923 Statutes of Nevada, Page 209 (CHAPTER 124, AB 145)ê

 

      In case the carrier refuses or fails to deliver the goods in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure.

      Sec. 12.  A carrier is justified, subject to the provisions of the three following sections, in delivering goods to one who is-

      (a) A person lawfully entitled to the possession of the goods, or

      (b) The consignee named in a non-negotiable bill for the goods, or

      (c) A person in possession of a negotiable bill for the goods by the terms of which the goods are deliverable to his order, or which has been indorsed to him or in blank by the consignee or by the mediate or immediate indorsee of the consignee.

      Sec. 13.  Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if, prior to such a delivery, he-

      (a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or

      (b) Had information at the time of the delivery that it was to a person not lawfully entitled to the possession of the goods.

      A request or information to be effective within the meaning of this section must be given to an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a request or information, and must be given in time to enable the officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods.

      Sec. 14.  Except as provided in section 27 of this act, and except when compelled by legal process, if a carrier delivers goods for which a negotiable bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the bill, such carrier shall be liable for failure to deliver the goods to any one who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier, and notwithstanding delivery was made to the person entitled thereto.

      Sec. 15.  Except as provided in section 27 of this act, and except when compelled by legal process, if a carrier delivers part of the goods for which a negotiable bill had been issued and fails either-

 

Burden upon carrier, when

 

Carrier justified in delivery, when

 

 

 

 

 

Carrier liable for wrong delivery, when

 

 

 

 

 

 

 

 

 

 

 

 

 

Carrier liable for failure to deliver, when

 

 

 

 

 

 

Same


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ê1923 Statutes of Nevada, Page 210 (CHAPTER 124, AB 145)ê

 

 

 

 

 

 

 

 

 

 

Alteration, etc., in bill void

 

 

Lost negotiable bill

 

 

 

 

 

Carrier not relieved of liability, when

 

 

Concerning duplicate bills

 

 

 

Title to goods does not excuse carrier

 

 

 

More than one person claiming title; procedure

part of the goods for which a negotiable bill had been issued and fails either-

      (a) To take up and cancel the bill, or

      (b) To place plainly upon it a statement that a portion of the goods has been delivered, with a description, which may be in general terms, either of the goods or packages that have been so delivered or of the goods or packages which still remain in the carrier’s possession, he shall be liable for failure to deliver all the goods specified in the bill, to any one who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto.

      Sec. 16.  Any alteration, addition or erasure in a bill after its issue without authority from the carrier issuing the same, either in writing or noted on the bill, shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor.

      Sec. 17.  Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court to protect the carrier or any person injured by such delivery from any liability or loss incurred by reason of the original bill remaining outstanding. The court may also in its discretion order the payment of the carrier’s reasonable costs and counsel fees.

      The delivery of the goods under an order of the court, as provided in this section, shall not relieve the carrier from liability to a person to whom the negotiable bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.

      Sec. 18.  A bill upon the face of which the word “duplicate” or some other word or words indicating that the document is not an original bill is placed plainly shall impose upon the carrier issuing the same the liability of one who represents and warrants that such bill is an accurate copy of an original bill properly issued, but no other liability.

      Sec. 19.  No title to goods or right to their possession, asserted by a carrier for his own benefit, shall excuse him from liability for refusing to deliver the goods according to the terms of a bill issued for them, unless such title or right is derived directly or indirectly from a transfer made by the consignor or consignee after the shipment, or from the carrier’s lien.

      Sec. 20.  If more than one person claims the title or possession of goods, the carrier may require all known claimants to interplead, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, whichever is appropriate.

      Sec. 21.  If some one other than the consignee or person in possession of the bill has a claim to the title or possession of the goods, and the carrier has information of such claim, the carrier shall be excused from liability for refusing to deliver the goods either to the consignee or person in possession of the bill, or to the adverse claimant, until the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.


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ê1923 Statutes of Nevada, Page 211 (CHAPTER 124, AB 145)ê

 

possession of the bill has a claim to the title or possession of the goods, and the carrier has information of such claim, the carrier shall be excused from liability for refusing to deliver the goods either to the consignee or person in possession of the bill, or to the adverse claimant, until the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.

      Sec. 22.  Except as provided in the two preceding sections and in section 12 of this act, no right or title of a third person unless enforced by legal process shall be a defense to an action brought by the consignee of a non-negotiable bill or by the holder of a negotiable bill against the carrier for failure to deliver the goods on demand.

      Sec. 23.  If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of bills of lading, the carrier shall be liable to-

      (a) The consignee named in a non-negotiable bill, or

      (b) The holder of a negotiable bill,

who has given value in good faith, relying upon the description therein of the goods, for damages caused by the nonreceipt by the carrier or a connecting carrier of all or part of the goods or their failure to correspond with the description thereof in the bill at the time of its issue.

      If, however, the goods are described in a bill merely by a statement of marks or labels upon them or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind or quantity, or in a certain condition, or that the contents or condition of the contents of packages are unknown, or words of like purport are contained in the bill, such statements, if true, shall not make liable the carrier issuing the bill, although the goods are not of the kind or quantity or in the condition which the marks or labels upon them indicate, or of the kind or quantity or in the condition they were said to be by the consignor. All carriers must issue to shippers of carload freight from agency stations a clean bill of lading at the request of the shipper, and in such cases shall discontinue the practice of noting on the bill of lading “Shipper’s load and count.” Upon request of shipper of carload freight from a nonagency station, the carrier shall send a man to check the loading and shall issue a clean bill of lading, the expense, except transportation of man to and from point of loading to perform service of checking, to be borne by the shipper.

      Sec. 24.  If goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser for value in good faith would bind the owner and a negotiable bill is issued for them, they cannot thereafter, while in the possession of the carrier, be attached by garnishment or otherwise, or be levied upon under an execution, unless the bill be first surrendered to the carrier or its negotiation enjoined.

Carrier to ascertain legal claimant, when

 

 

 

Title of third party

 

 

 

Carrier liable to consignee, etc.

 

 

 

 

 

 

 

Carrier not liable, when

 

 

 

 

 

 

 

 

 

Certain words prohibited in bill of lading

 

Goods not garnisheed, when


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

ê1923 Statutes of Nevada, Page 212 (CHAPTER 124, AB 145)ê

 

 

 

 

 

Creditor’s rights

 

 

 

 

Carrier has lien on goods for freight, etc., only

 

 

 

 

Carrier’s lien

 

 

 

 

Bill, how negotiated

 

 

Same

 

 

 

 

Transfer of bill

 

 

Bill, who may negotiate

garnishment or otherwise, or be levied upon under an execution, unless the bill be first surrendered to the carrier or its negotiation enjoined. The carrier shall in no such case be compelled to deliver the actual possession of the goods until the bill is surrendered to him or impounded by the court.

      Sec. 25.  A creditor whose debtor is the owner of a negotiable bill shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill, or in satisfying the claim by means thereof as is allowed by law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.

      Sec. 26.  If a negotiable bill is issued, the carrier shall have no lien on the goods therein mentioned, except for charges on those goods for freight, storage, demurrage and terminal charges, and expenses necessary for the preservation of the goods or incident to their transportation subsequent to the date of the bill, unless the bill expressly enumerates other charges for which a lien is claimed. In such case there shall also be a lien for the charges enumerated so far as they are allowed by law and the contract between the consignor and the carrier.

      Sec. 27.  After goods have been lawfully sold to satisfy a carrier’s lien, or because they have not been claimed, or because they are perishable or hazardous, the carrier shall not thereafter be liable for failure to deliver the goods to the consignee or owner of the goods, or to a holder of the bill given for the goods when they are shipped, even if such a bill be negotiable.

      Sec. 28.  A negotiable bill may be negotiated by delivery where, by the terms of the bill, the carrier undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the bill has indorsed it in blank.

      Sec. 29.  A negotiable bill may be negotiated by the indorsement of the person to whose order the goods are deliverable by the tenor of the bill. Such indorsement may be in blank or to a specified person. If indorsed to a specified person, it may be negotiated again by the indorsement of such person in blank or to another specified person. Subsequent negotiation may be made in like manner.

      Sec. 30.  A bill may be transferred by the holder by delivery, accompanied with an agreement, express or implied, to transfer the title to the bill or to the goods represented thereby.

      A non-negotiable bill cannot be negotiated, and the indorsement of such a bill gives the transferee no additional right.

      Sec. 31.  A negotiable bill may be negotiated by any person in possession of the same, however such possession may have been acquired, if, by the terms of the bill, the carrier undertakes to deliver the goods to the order of such person, or if at the time of negotiation the bill is in such form that it may be negotiated by delivery.


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

ê1923 Statutes of Nevada, Page 213 (CHAPTER 124, AB 145)ê

 

takes to deliver the goods to the order of such person, or if at the time of negotiation the bill is in such form that it may be negotiated by delivery.

      Sec. 32.  A person to whom a negotiable bill has been duly negotiated acquires thereby-

      (a) Such title to the goods as the person negotiating the bill to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the consignee and consignor had or had power to convey to a purchaser in good faith for value, and

      (b) The direct obligation of the carrier to hold possession of the goods for him according to the terms of the bill as fully as if the carrier had contracted directly with him.

      Sec. 33.  A person to whom a bill has been transferred but not negotiated acquires thereby as against the transferrer, the title to the goods, subject to the terms of any agreement with the transferrer. If the bill is non-negotiable, such person also acquires the right to notify the carrier of the transfer to him of such bill, and thereby to become the direct obligee of whatever obligations the carrier owed to the transferrer of the bill immediately before the notification.

      Prior to the notification of the carrier by the transferrer or transferee of a non-negotiable bill, the title of the transferee to the goods and the right to acquire the obligation of the carrier may be defeated by garnishment or by attachment or execution upon the goods by a creditor of the transferrer, or by a notification to the carrier by the transferrer or a subsequent purchaser from the transferrer of a subsequent sale of the goods by the transferrer.

      A carrier has not received notification within the meaning of this section unless an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a notification, has been notified; and no notification shall be effective until the officer or agent to whom it is given has had time with the exercise of reasonable diligence to communicate with the agent or agents having actual possession or control of the goods.

      Sec. 34.  Where a negotiable bill is transferred for value by delivery, and the indorsement of the transferrer is essential for negotiation, the transferee acquires a right against the transferrer to compel him to indorse the bill, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made. This obligation may be specifically enforced.

      Sec. 35.  A person who negotiates or transfers for value a bill by indorsement or delivery, including one who assigns for value a claim secured by a bill, unless a contrary intention appears, warrants-

      (a) That a bill is genuine;

      (b) That he has a legal right to transfer it;

 

 

What acquired with negotiable bill

 

 

 

 

 

 

 

Transferred bill

 

 

 

 

 

Title to goods, how defeated

 

 

 

 

What constitutes notice to carrier

 

 

 

 

Rights of transferee

 

 

 

 

What negotiator warrants

 

Warranties specified


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

ê1923 Statutes of Nevada, Page 214 (CHAPTER 124, AB 145)ê

 

 

 

 

 

 

 

Liability of assignor limited

Indorser not liable, when

 

Mortgagee does not warrant genuineness of bill

 

 

Validity not impaired, when

 

 

 

 

 

Subsequent negotiation of bill

 

 

 

 

 

 

Transfer of goods, by what indicated

      (c) That he has knowledge of no fact which would impair the validity or worth of the bill; and

      (d) That he has a right to transfer the title of the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a bill the goods represented thereby.

      In the case of an assignment of a claim secured by a bill, the liability of the assignor shall not exceed the amount of the claim.

      Sec. 36.  The indorsement of a bill shall not make the indorser liable for any failure on the part of the carrier or previous indorsers of the bill to fulfil their respective obligations.

      Sec. 37.  A mortgagee or pledgee, or other holder of a bill for security, who in good faith demands or receives payment of the debt for which such bill is security, whether from a party to a draft drawn for such debt or from any other person, shall not be deemed by so doing to represent or to warrant the genuineness of such bill or the quantity or quality of the goods therein described.

      Sec. 38.  The validity of the negotiation of a bill is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress or conversion, if the person to whom the bill was negotiated, or a person to whom the bill was subsequently negotiated, gave value therefor, in good faith, without notice of the breach of duty, or fraud, accident, mistake, duress or conversion.

      Sec. 39.  Where a person, having sold, mortgaged, or pledged goods which are in the carrier’s possession and for which a negotiable bill has been issued, or having sold, mortgaged, or pledged the negotiable bill representing such goods, continues in possession of the negotiable bill, the subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.

      Sec. 40.  Where goods are shipped by the consignor in accordance with a contract or order for their purchase, the form in which the bill is taken by the consignor shall indicate the transfer or retention of the property or right to the possession of the goods as follows:

      (a) Where by the bill the goods are deliverable to the buyer or to his agent, or to the order of the buyer or of his agent, the consignor thereby transfers the property in the goods to the buyer.


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

ê1923 Statutes of Nevada, Page 215 (CHAPTER 124, AB 145)ê

 

      (b) Where by the bill the goods are deliverable to the seller or to his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods. But if, except for the form of the bill, the property would have passed to the buyer on shipment of the goods, the seller’s property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract.

      (c) Where by the bill the goods are deliverable to the order of the buyer or of his agent, but possession of the bill is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods, as against the buyer.

      (d) Where the seller draws on the buyer for the price and transmits the draft and bill together to the buyer to secure acceptance or payment of the draft, the buyer is bound to return the bill if he does not honor the draft, and if he wrongfully retains the bill he acquires no added right thereby. If, however, the bill provides that the goods are deliverable to the buyer, or to the order of the buyer, or is indorsed in blank or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill or goods from the buyer, shall obtain the title to the goods, although the draft has not been honored, if such purchaser has received delivery of the bill indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful.

      Sec. 41.  Where the seller of goods draws on the buyer for the price of the goods and transmits the draft and a bill of lading for the goods either directly to the buyer or through a bank or other agency, unless a different intention on the part of the seller appears, the buyer and all other parties interested shall be justified in assuming:

      (a) If the draft is by its terms or legal effect payable on demand or presentation or at sight, or not more than three days thereafter (whether such three days be termed days of grace or not), that the seller intended to require payment of the draft before the buyer should be entitled to receive or retain the bill.

      (b) If the draft is by its terms payable on time, extending beyond three days after demand, presentation or sight (whether such three days be termed days of grace or not), that the seller intended to require acceptance but not payment of the draft before the buyer should be entitled to receive or retain the bill.

      The provisions of this section are applicable whether by the terms of the bill the goods are consigned to the seller, or to his order, or to the buyer, or to his order, or to a third person, or to his order.

      Sec. 42.  Where a negotiable bill has been issued for goods, no seller’s lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller’s claim to a lien or right of stoppage in transitu.

 

 

 

 

 

 

 

 

 

Evidence of transfer

 

 

 

 

 

 

 

 

 

Buyer justified in assuming certain things

 

 

 

 

 

 

 

 

 

 

 

 

 

Seller’s lien not to defeat certain rights


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

ê1923 Statutes of Nevada, Page 216 (CHAPTER 124, AB 145)ê

 

 

 

 

 

 

Rights of mortgagee not limited, when

 

 

 

 

Penalty for issuing incorrect bill

 

 

 

 

 

Penalty for issuing bill containing false statement

 

 

Further penalties

 

 

 

 

 

Penalty for shipping goods without title

 

 

 

 

Penalty for negotiating certain false bill

to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller’s claim to a lien or right of stoppage in transitu. Nor shall the carrier be obliged to deliver or justified in delivering the goods to an unpaid seller unless such bill is first surrendered for cancelation.

      Sec. 43.  Except as provided in section 42 of this act, nothing in this article shall limit the rights and remedies of a mortgagee or lienholder whose mortgage or lien on goods would be valid, apart from this article, as against one who for value and in good faith purchased from the owner, immediately prior to the time of their delivery to the carrier, the goods which are subject to the mortgage or lien and obtained possession of them.

      Sec. 44.  Any officer, agent, or servant of a carrier, who with intent to defraud issues or aids in issuing a bill knowing that all or any part of the goods for which such bill is issued have not been received by such carrier, or by an agent of such carrier or by a connecting carrier, or are not under the carrier’s control at the time of issuing such bill, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

      Sec. 45.  Any officer, agent, or servant of a carrier, who with intent to defraud issues or aids in issuing a bill for goods, knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 46.  Any officer, agent, or servant of a carrier, who with intent to defraud issues or aids in issuing a duplicate or additional negotiable bill for goods in violation of the provisions of section 7 of this code, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncanceled, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

      Sec. 47.  Any person who ships goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable bill which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 48.  Any person who with intent to deceive negotiates or transfers for value a bill knowing that any or all of the goods which by the terms of such bill appear to have been received for transportation by the carrier which issued the bill, are not in the possession or control of such carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.


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

ê1923 Statutes of Nevada, Page 217 (CHAPTER 124, AB 145)ê

 

the bill, are not in the possession or control of such carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

      Sec. 49.  Any person who with intent to defraud secures the issue by a carrier of a bill knowing that, at the time of such issue, any or all of the goods described in such bill as received for transportation have not been received by such carrier, or an agent of such carrier or a connecting carrier, or are not under the carrier’s control, by inducing an officer, agent, or servant of such carrier falsely to believe that such goods have been received by such carrier, or are under its control, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

      Sec. 50.  Any person who with intent to defraud issues or aids in issuing a non-negotiable bill without the words “not negotiable” placed plainly upon the face thereof, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years or by a fine not exceeding five thousand dollars, or by both.

      Sec. 51.  In any case not provided for in this article, the rules of law and equity, including the law-merchant, and in particular the rules relating to the law of principal and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern.

      Sec. 52.  This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 53.  (1) In this article, unless the context or subject-matter otherwise requires-

      “Action” includes counterclaim, setoff, and suit in equity.

      “Bill” means bill of lading.

      “Consignee” means the person named in the bill as the person to whom delivery of the goods is to be made.

      “Consignor” means the person named in the bill as the person from whom the goods have been received for shipment.

      “Goods” means merchandise or chattels in course of transportation, or which have been or are about to be transported.

      “Holder” of a bill means a person who has both actual possession of such bill and a right of property therein.

      “Order” means an order by indorsement on the bill.

      “Owner” does not include mortgagee or pledgee.

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

 

 

 

 

Penalty for securing issue of certain bill

 

 

 

 

 

 

Penalty for issuing defective non-negotiable bill

 

 

 

 

 

 

 

 

 

Definition of certain words and terms


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

ê1923 Statutes of Nevada, Page 218 (CHAPTER 124, AB 145)ê

 

 

 

 

 

 

 

 

Act not retroactive

 

Inconsistent acts repealed

In effect June 1, 1923

 

Short title

      To “purchase” includes to take as mortgagee and to take as pledgee.

      “Purchaser” includes mortgagee and pledgee.

      “Value” is any consideration sufficient to support a simple contract. An antecedent or preexisting obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor.

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

      Sec. 54.  The provisions of this act do not apply to bills made and delivered prior to the taking effect thereof.

      Sec. 55.  All acts or parts of acts inconsistent with this act are hereby repealed.

      Sec. 56.  This act shall take effect on the first day of June, one thousand nine hundred and twenty-three.

      Sec. 57.  This act may be cited as the Uniform Bills of Lading Act.

 

________

 

CHAPTER 125, AB 99

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City council may restrict height, etc., of buildings in certain zones

[Assembly Bill No. 99–Washoe County Delegation]

 

Chap. 125–An Act providing for the establishment within cities and incorporated towns, of districts or zones within which the use of property, height and location of improvements and required open space for light and ventilation of buildings, and establishing of building lines, may be regulated by ordinance; providing for a city zoning commission to assist in carrying out the purposes of this act, and other matters relating thereto.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of promoting the health, safety, morals, convenience, property or general welfare of the community, the city council or other legislative body, hereinafter designated as a city council, of any city or incorporated town of the State of Nevada, and for the purposes of this act the word “City,” as hereinafter used, shall be construed to mean incorporated town, may, by ordinance, regulate and restrict the height, number of stories and size of buildings, and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the location and use of buildings, structures and land for trade, industry, residence or other purposes, and establish lines designating the distance at which buildings shall be erected from the property line of any lot or lots in the said city.

      Sec. 2.  For any and all of said purposes, the city council may, by ordinance, divide the city into districts of such number, shape and area as may be deemed suitable to carry out the purposes of this act; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.


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

ê1923 Statutes of Nevada, Page 219 (CHAPTER 125, AB 99)ê

 

number, shape and area as may be deemed suitable to carry out the purposes of this act; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be reasonable and uniform for each class or kind of buildings throughout each district and for the kind and class of business or industry carried on in each district, but the regulations in one district may differ from those in other districts.

      Sec. 3.  All regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to protect property and promote the health, safety and general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to conserve the value of the buildings and structures in said district. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout said city.

      Sec. 4.  The city council of said city shall provide by ordinance the manner in which such regulations and restrictions and the boundary of such districts shall be determined, estimated and enforced and from time to time amended, supplemented or changed. However, no such regulation or restriction of boundary shall become effective until a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard is held, the time for hearing to be fixed by the council and notice to be given by posting and publication for a period of thirty days.

      Sec. 5.  In order to assist the said city council in carrying out the provisions of this act, and to more adequately carry out its purposes, the city council may provide, by ordinance, for the appointment of a zoning commission. Said zoning commission, if appointed, shall consist of five members to be appointed by the mayor and confirmed by the city council, all of whom shall be appointed as follows: Two for two years, and three for four years, their successors to hold office for four years, any vacancies to be filled by the mayor for the unexpired term; the members of said zoning commission not to receive any compensation, and to select their officers from among their own body.

      Sec. 6.  It shall be the duty of the city zoning commission to make a survey of the city, with a view of dividing the same into zones or districts, and report to the city council a zoning or districting ordinance, which shall specify the uses to which property in each district may be devoted; and from time to time recommend to the city council such measures as it may deem advisable for the promotion of the public peace, health, convenience and welfare.

City divided into districts

 

 

 

 

Regulations and plans for public safety

 

 

 

 

 

 

 

Ordinance to be enacted

 

 

 

Public hearings

 

 

 

Zoning commission

 

 

 

 

 

 

 

 

Duties of such commission


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

ê1923 Statutes of Nevada, Page 220 (CHAPTER 125, AB 99)ê

 

City council to prescribe penalties

      Sec. 7.  The city council of any city taking advantage of this act is empowered to include in said zoning ordinance such penalty as is legal and may be deemed necessary to enforce any of its rules or regulations, or the terms of this ordinance for zoning, and for the punishment of the violations of any of the provisions of said ordinance.

 

________

 

CHAPTER 126, AB 129

 

 

 

 

 

 

“Nevada’s Gold Star Book”

 

 

 

 

 

 

 

 

 

 

 

Adjutant-general to publish

 

 

 

Free copies, to whom

 

 

 

 

 

 

 

Appropriation, $5,000

 

 

Work done at state printing office

[Assembly Bill No. 129–Mr. James]

 

Chap. 126–An Act providing for the publication of “Nevada’s Gold Star Book.”

 

[Approved March 10, 1923]

 

      Whereas, Approximately two hundred Nevada men made the supreme sacrifice during the world war; and

      Whereas, It is felt that the publishing of their biographies in a book, by the State of Nevada, will be prized and bring solace to relatives and friends of the deceased men; and

      Whereas, The memory of their wonderful exploits should endure and ever be before future generations as an inspiration to greater things; and

      Whereas, The adjutant-general has already assembled all necessary data for the publishing of this book; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The adjutant-general is hereby directed and empowered to publish a book containing the biographies and photographs of Nevada men who died while serving in the army, navy, or marine corps of the United States, or shortly thereafter, from the effects of wounds received in action or disease contracted in the service during the world war.

      Sec. 2.  Copies of the book shall be furnished free of charge to the following: To members of the thirty-first session of the legislature of the State of Nevada, to state high schools, to the University of Nevada, to the Nevada historical society, to newspapers published in the state, to members of local draft boards, to members of the district board, to members of the medical advisory boards, to government appeal agents, to the adjutants-general of the several states of the United States, and to such relatives and friends of the deceased service men as the adjutant-general may designate.

      Sec. 3.  To carry out the provisions of this act, the sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated.

      Sec. 4.  All work incident to the publishing of the book that can be done at the state printing office will be done by said office and be charged against the appropriation contained in this act.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 221ê

CHAPTER 127, AB 140

[Assembly Bill No. 140–Churchill County Delegation]

 

Chap. 127–An Act to authorize the county commissioners of any of the counties of the State of Nevada, in the name of the county, to purchase, acquire or construct electrical power plants and lines, providing for the maintenance, operation and extension of the same as a public utility, to authorize the issuance of bonds by the county to pay for the same, and other matters properly connected therewith.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of any of the counties of this state, in the name of the county, are hereby authorized, upon there being filed with them a petition, signed by at least two-thirds of the taxpayers of said county, requesting and petitioning them so to do, to purchase, acquire or construct electrical power plants and lines within the limits of the county and thereafter operate, maintain and extend the same as a public utility.

      Sec. 2.  The board of county commissioners shall have authority to enter into any and all necessary contracts with any person, firm, company or corporation generating power for the purchase of electrical energy, power and current; to purchase any existing light and power line, or integral part thereof, upon the most advantageous price and terms to the county; to purchase all proper and necessary equipment, appliances and materials needed for said plant and lines; to enter into contracts with consumers for the sale, distribution and delivery of electrical energy, power and current along its power lines; to make any and all rules and regulations necessary and proper for the management, operation, control and extension thereof; to employ such proper and efficient help and labor as shall be needed, and may construct and operate branches, or distributing lines, substations and transformers and other electrical appliances as conditions may warrant and require.

      Sec. 3.  For the purpose of providing funds with which to purchase, acquire or construct, as well as to maintain, operate and extend, such power plant or plants, and the lines thereof, the said county commissioners are hereby authorized, directed and empowered to issue bonds of the county; said bonds shall bear interest at a rate not to exceed six per cent per annum from date of issue, and said interest payable semiannually; said bonds shall only be issued from time to time as may be required, and to be in the usual form of county bonds; provided, that the total face value of the said bonds to be issued under the provisions of this act shall be in an amount not to exceed two per cent of the assessed valuation of all property in said county for the year the first bond shall be issued.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Counties may acquire electric lines; petition

 

 

 

 

Procedure for acquiring such lines

 

 

 

 

 

 

 

 

 

 

Bonds issued to pay for same

 

 

 

 

Limit of bonds


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

ê1923 Statutes of Nevada, Page 222 (CHAPTER 127, AB 140)ê

 

 

Providing for payment of bonds and interest; special tax

 

 

 

 

 

 

 

 

 

 

 

County treasurer custodian of funds

 

 

 

 

 

 

 

 

 

 

 

County light and power fund

tion of all property in said county for the year the first bond shall be issued.

      Sec. 4.  To provide for the payment of said bonds and the interest due thereon, whenever the revenues from the sale of service or power hereinafter provided for shall be insufficient for that purpose, the said county commissioners shall, annually, at the time of making the regular tax levy for state and county purposes, levy an additional special tax upon all property, both real and personal, subject to taxation within the limits of said county, including the proceeds of mines, sufficient in their judgment to pay the interest upon such bonds semiannually as it shall become due, and to pay the principal of such bonds as shall mature according to the time designated in such bonds for the maturity thereof respectively, and all taxes levied and assessed for the purposes in this act provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll by the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes.

      Sec. 5.  The county treasurer shall be liable on his official bond for the safe-keeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of his duties hereunder; he shall place in a fund, to be known as “................................................ County Light and Power Bond Redemption Fund,” all taxes levied, assessed and collected in the same manner as other taxes are paid to the county treasurer, as well as any other moneys paid in under and by virtue of section 6 of this act, and no moneys placed in said fund shall be transferred therefrom or used for any other purpose than the payment of the principal and interest on the bonds hereinbefore provided for, and the money of said fund shall only be paid out by the said county treasurer upon warrants therefor issued by the county auditor, in the payment of the principal and interest of such bonds as they become due, upon presentation and surrender thereof to the county treasurer at his office.

      Sec. 6.  All moneys received for service or sale of the electrical energy, power and current distributed by the system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer, to be placed by him in the “................................................ County Light and Power Fund,” to be created, and the board of county commissioners may, from time to time, set aside such portion thereof as may be necessary or advisable to provide for the maintenance, operating and extension of the said system. The surplus receipts, after providing for the expense of operation, maintenance and extension, may be apportioned and used for the payment of interest and for the redemption of the bonds hereinbefore provided for, and after the redemption of all bonds and the payment of all interest thereon, any remaining surplus may be transferred to the general fund of the county.


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

ê1923 Statutes of Nevada, Page 223 (CHAPTER 127, AB 140)ê

 

interest and for the redemption of the bonds hereinbefore provided for, and after the redemption of all bonds and the payment of all interest thereon, any remaining surplus may be transferred to the general fund of the county. Any deficiency which may be incurred in the “................................................ County Light and Power Fund” by reason of insufficient revenues, or otherwise, shall be a charge upon and be paid from the general fund of the county.

      Sec. 7.  The plant or plants and the works herein provided for shall be deemed public uses, authorized by the legislature, such as are assisted by the principle of eminent domain.

      Sec. 8.  The provisions of existing laws respecting the manner of acquisition of public utilities, duties of county commissioners to act upon proper applications and petitions, the collection and enforcement of rates for services, and all other provisions not superseded by this act shall apply to the acquisition, management, financing, control and extension of said system.

      Sec. 9.  The title of any plant or plants, and the appurtenances thereof, acquired or constructed by or under the authority of any board of county commissioners in this state, as in this act provided, shall vest, and be vested, in said county, and under its control and management.

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

 

 

Deficiency, how paid

 

 

 

Public use; eminent domain

 

Existing laws to govern

 

 

 

 

County holds title of plant

 

 

Conflicting acts repealed

 

________

 

CHAPTER 128, AB 142

[Assembly Bill No. 142–Mr. Henderson]

 

Chap. 128–An Act to amend section 110 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 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 110 of the above-entitled act is hereby amended so as to read as follows:

      Section 110.  Whenever the defendant seeks affirmative relief against any party to the action, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint. If any of the parties affected by the cross-complaint have not appeared in the action, a summons upon the cross-complaint must be issued and served upon them in the same manner as upon the commencement of an original action.

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice

 

Cross-complaint may be served

 

 

 

 

 

Summons

 

________

 

 


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

ê1923 Statutes of Nevada, Page 224ê

CHAPTER 129, AB 154

 

 

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

 

Vagrancy defined

[Assembly Bill No. 154–Mr. Whiteley]

 

Chap. 129–An Act to amend section 354 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, being section 6619, Revised Laws of Nevada.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 354 of the above-entitled act is hereby amended so as to read as follows:

      6619.  What Constitutes Vagrancy.

      Section 354.  Every-

      1.  Idle or dissolute person, without visible or known means of living, who has the physical ability to work, and who does not use due diligence to seek employment, nor labor when employment is offered him; or,

      2.  Idle or dissolute person who roams about the country from place to place without any lawful business; or,

      3.  Healthy beggar who solicits alms as a business; or,

      4.  Person who makes a practice of going from house to house begging food, money, or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises; or,

      5.  Idle or dissolute person or associate of known thieves who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, by-ways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing; or,

      6.  Idle or dissolute person who lodges in any barn, shed, shop, outhouse, or place other than that kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof; or,

      7.  Common drunkard who is in the habit of lying around the streets, alleys, sidewalks, saloons, barrooms or other public places in a state of intoxication; or,

      8.  Pimp, pander, procurer or procuress; or,

      9.  Lewd or dissolute male person who lives in and about houses of prostitution or solicits for any prostitute or house of prostitution; or,

      10.  Lewd and dissolute female person known as a “street walker,” or common prostitute, who shall upon the public streets, or in or about any public place or assemblage, or in any saloon, barroom, clubroom, or any other public or general place of resort for men, or anywhere within the sight or hearing of ladies or children, conduct and behave herself in an immodest, drunken, indecent, profane, or obscene manner, either by actions, language, or improper exposure of her person; or,


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

ê1923 Statutes of Nevada, Page 225 (CHAPTER 129, AB 154)ê

 

      11.  Boy or male person under the age of twenty-one years, who habitually remains away from his home or place of residence after the hour of nine o’clock p. m. without some lawful and necessary business, or other imperative duty, or good and sufficient reason or cause for such absence from home after such hour, for his own amusement and pastime without any legitimate business for so doing, frequents and passes his time in any billiard-room or other place where any such games are played, or any saloon or other place where intoxicating liquor is sold or drunk; or, who at any hour of the night or day, for his own amusement and pastime, without any legitimate business for so doing, frequents or loafs around any low den, house, or other place of vice, infamy, or immorality, where known thieves and other vicious and infamous persons resort or congregate; or who at any hour of the night, either alone or otherwise, prowls about the streets or town, disturbing the peace and quiet of the neighborhood by loud or unnecessary noise, or committing petty depredations, tricks, or pranks, upon the person or property of other people, or by abusive, obscene, or insulting language, or by any manner of rowdyism whatsoever, disturbs or annoys the passer-by, any lawful assemblage of persons, or the neighborhood at large; or,

      12.  Person who keeps a place where lost or stolen property is concealed-

      Is a vagrant, and shall be punished by imprisonment in the county jail for not more than three months, or by a fine of not more than three hundred dollars, or both.

Vagrancy defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Penalty

 

________

 

CHAPTER 130, AB 160

[Assembly Bill No. 160–Mr. Kennedy]

 

Chap. 130–An Act for the incorporation of Nevada chapter of Sigma Alpha Epsilon fraternity of the University of Nevada.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Nevada chapter of Sigma Alpha Epsilon fraternity of the University of Nevada shall be deemed a body corporate and politic.

      Sec. 2.  The said Nevada chapter of Sigma Alpha Epsilon fraternity of the University of Nevada shall have power, in its corporate capacity:

      First-To sue and be sued in any court having competent jurisdiction;

      Second-To make and use a common seal, and to alter the same at pleasure;

      Third-To acquire by purchase, bequest or donation, directly or indirectly, and to hold in perpetuity, sell and convey, and to mortgage, such property, real or personal, as may be deemed necessary by the proper authorities thereof to carry out the purposes of said chapter of said fraternity and for the necessary uses, purposes and objects of said fraternity, and to devise, lease and improve any real property held by or for the benefit of said corporation;

 

 

 

 

 

 

 

 

 

 

 

Incorporating S. A. E. fraternity

 

 

Powers of said incorporation


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

ê1923 Statutes of Nevada, Page 226 (CHAPTER 130, AB 160)ê

 

 

 

 

 

 

 

 

 

 

 

Powers vested in trustees

 

 

 

Election certified to county clerk

 

 

 

Disposal of property if chapter disbands

as may be deemed necessary by the proper authorities thereof to carry out the purposes of said chapter of said fraternity and for the necessary uses, purposes and objects of said fraternity, and to devise, lease and improve any real property held by or for the benefit of said corporation;

      Fourth-To elect or appoint, in accordance with the by-laws thereof, which may be adopted hereafter, not less than three nor more than seven members of said fraternity to serve as trustees, who shall have charge of all the real and personal property belonging thereto, and transact all business relative thereto;

      Fifth-To be entitled to all the rights, privileges and immunities usually had or enjoyed by such corporations.

      Sec. 3.  The corporate powers of said chapter of said fraternity shall be vested in a board of trustees elected or appointed as provided in the by-laws of said corporation, to be hereafter adopted. They shall hold office until their successors are elected or appointed, and vacancies in such board of trustees shall be filled as provided by said by-laws.

      Sec. 4.  Upon the election or appointment of trustees as provided in this act, a certificate of such election or appointment shall be executed by the person or persons making the appointment or the judges holding the election, duly acknowledged before a competent officer, and it shall be filed and recorded in the office of the clerk of the county in which such chapter is located.

      Sec. 5.  Whenever said chapter, incorporated under the provisions of this act, shall disincorporate or disband, by its own act, the proceeds of all property, real or personal, shall, after paying all just charges or demands against said chapter, be divided in accordance with the by-laws of said chapter.

 

________

 

CHAPTER 131, AB 191

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for school buildings in Sparks; limit, $125,000

[Assembly Bill No. 191–Mr. Geraghty]

 

Chap. 131–An Act to provide for the construction and equipment of a junior high-school and primary-school buildings in the city of Sparks, Washoe County, Nevada, the holding of an election, the issuing of bonds and the levying of a tax therefor.

 

[Approved March 10, 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 Sparks school district number 29, in Washoe County, State of Nevada, is hereby authorized to prepare and issue bonds of said school district in an amount not to exceed $125,000, exclusive of interest, for the purpose of providing funds for erecting, furnishing, and equipping a junior high-school and a primary-school building in the city of Sparks, which buildings shall be adaptable, among other things, for the instruction in manual training and science, purchasing grounds upon which to erect the primary school, and purchasing and installing a heating-plant therein; provided, that said bonds and the redemption thereof shall not extend over a period in excess of forty years.


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

ê1923 Statutes of Nevada, Page 227 (CHAPTER 131, AB 191)ê

 

ings shall be adaptable, among other things, for the instruction in manual training and science, purchasing grounds upon which to erect the primary school, and purchasing and installing a heating-plant therein; provided, that said bonds and the redemption thereof shall not extend over a period in excess of forty years.

      Sec. 2.  Said board of trustees shall, by resolution entered upon its records, submit the question of contracting a bonded indebtedness for the purposes mentioned in this act to a vote of the qualified electors of said district at the next general election of the school trustees, or at a special election which said board of trustees is hereby authorized to call for such purpose.

      Sec. 3.  The election provided for in this act shall be called and held and the vote canvassed and returned in all respects as nearly as may be in accordance with the provisions of law now governing the election of school trustees; provided, that notice of such election shall be published once a week for two successive weeks preceding said election in a newspaper published in said district. The election notice must contain:

      First-The time and place of holding such election.

      Second-The names of inspectors to conduct the same.

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

      Fourth-The amount and denomination of the bonds, the rate of interest, the number of years the bonds are to run, and the purposes for which the bonds are to be issued. All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the words “For the Bonds” and “Against the Bonds.” The ballots shall be deposited in a separate box provided by the board of trustees for that purpose.

      Sec. 4.  If, upon the determination of the result of such election, it shall appear that a majority of all the votes cast is “For the Bonds” the board of trustees shall, as soon as practicable, issue the negotiable coupon bonds of the district in such form as the board of trustees shall direct. Said bonds shall be numbered consecutively, and of the denomination of $1,000 each, bearing date of the day of the resolution of said board of trustees finally adopting the form of said bonds, and redeemable as hereinafter provided. If it shall appear that a majority of all the votes cast is “Against the Bonds” the power of the board of trustees to issue bonds under this act shall not thereby be lost, but said board of trustees shall thereafter, at the next succeeding general election of the school trustees, submit the question of contracting said bonded indebtedness to a vote of the qualified electors of said district in the manner specified in section 3 of this act.

      Sec. 5.  Said bonds shall bear interest from their date until paid at a rate of not to exceed six per cent per annum, payable semiannually.

 

 

 

 

Popular vote to decide question of issue

 

 

 

Notice of election published in newspaper

 

 

 

 

What notice must contain

 

 

 

 

 

 

 

School trustees to issue bonds

 

 

 

 

 

Trustees may submit question again if at first defeated

 

 

Interest, 6%


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

ê1923 Statutes of Nevada, Page 228 (CHAPTER 131, AB 191)ê

 

 

 

 

 

 

Sale of bonds advertised in newspaper

 

 

 

 

 

Proviso

 

 

 

 

Specifications for bonds

 

 

 

 

County treasurer to register bonds

 

 

 

 

 

“Sparks Junior High-School and Primary-School Building Fund”

payable semiannually. Each installment of interest to the date of maturity of the principal shall be evidenced by appropriate coupons attached to each bond, and both the principal and interest shall be payable in lawful money of the United States of America at the office of the county treasurer of Washoe County, and said bonds shall not be sold for less than their par value and accrued interest, except as hereinafter provided. Before said sale is made, notice thereof must be given by publication in a newspaper published in said district for at least one week before said bonds are sold, inviting sealed bids to be made for said bonds, and said bonds shall be sold to the highest and best bidder therefor; the board of trustees, however, may reserve the right to reject any and all bids and may, if it deems it for the best interests of said district, sell the bonds at private sale at one time, or from time to time, as funds are required for the purposes mentioned in this act, at not less than their par value and accrued interest; provided, that if said bonds are issued after the board of county commissioners shall have levied the state and county taxes for the year, said bonds may be sold at par value, less one year’s interest thereon, at the rate specified therein, and thereupon the interest coupons upon said bonds for the first year of the term thereof shall be removed and canceled by the county treasurer.

      Sec. 6.  All bonds under the provisions of this act shall be signed by the president of the board of trustees, attested by the clerk thereof, sealed by the district seal, and countersigned by the county treasurer; and the interest coupons to be attached thereto shall be signed by the original or engraved facsimile signature of said president, clerk and treasurer.

      Sec. 7.  All such bonds shall, before being issued, be registered by the county treasurer in a book for that purpose in his office, which registry shall show the school district, the amount and time of payment, the rate of interest, and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same, upon payment being made therefor.

      Sec. 8.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “Sparks Junior High-School and Primary-School Building Fund,” and to pay out the same upon the warrants of said board of trustees, and for the purposes for which the same were received.

      Sec. 9.  For the purpose of creating a fund for the payment of said bonds and the interest thereon, the board of county commissioners of Washoe County is hereby authorized and required at the time of making the annual levy of taxes for state and county purposes for the year following the issue of said bonds, and annually thereafter, to levy a sufficient tax on all taxable property of said district to pay and retire said bonds annually and within a period not exceeding forty years, and to pay the interest on all of said bonds as and when the same shall become payable.


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

ê1923 Statutes of Nevada, Page 229 (CHAPTER 131, AB 191)ê

 

ment of said bonds and the interest thereon, the board of county commissioners of Washoe County is hereby authorized and required at the time of making the annual levy of taxes for state and county purposes for the year following the issue of said bonds, and annually thereafter, to levy a sufficient tax on all taxable property of said district to pay and retire said bonds annually and within a period not exceeding forty years, and to pay the interest on all of said bonds as and when the same shall become payable. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasurer and set apart as a fund, which is hereby created, to be known as “Sparks Junior High-School and Primary-School Building Fund Redemption and Interest Fund.”

      Sec. 10.  On the first day of July of a year to be designated by the board of school trustees, and every year thereafter, so many of said bonds, and equal in proportion to the whole issue, together with the accrued interest thereon, shall be paid, and 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 said bonds issued under the provisions of this act shall be paid and redeemed. The coupons thereon shall be paid semiannually as provided in said bonds. If the tax for the interest on said bonds for the first year after the date of the issue is not collected in time for use in paying the interest coupons maturing during that year, the county treasurer shall pay the interest accruing on said bonds in said year out of the general county fund, and return to said county fund the sum so advanced out of the first money in said school fund collected from said tax levy. The county treasurer shall cancel said bonds as paid and certify his action to said board of trustees.

      Sec. 11.  No change in the boundary lines of said district shall release the taxable real property thereof from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there be any change in the boundary lines of such school district so as to leave out any portion of the taxable real property of the district which was subject to taxation in the district at the time of the issue of said bonds, the assessment and levy of taxes for the payment of the principal and interest of such shall be made on such property as if it were still in the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable property, after the issue of such bonds, the property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 12.  All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the county commissioners, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes.

“Sparks Junior High-School and Primary-School Building Fund Redemption and Interest Fund”

 

 

 

 

 

Payment of interest; redemption of bonds

 

 

 

 

 

 

 

 

 

 

 

All property in school districts remains subject to tax

 

 

 

 

 

 

 

 

Tax lien on property


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

ê1923 Statutes of Nevada, Page 230 (CHAPTER 131, AB 191)ê

 

 

 

 

 

 

School trustees to erect buildings

 

 

 

 

 

 

 

 

 

 

 

Interest ceases, when

 

 

Surplus to general district school fund

 

 

 

Election expense paid from school funds

with from the date of the levy thereof by the county commissioners, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act.

      Sec. 13.  Said board of trustees is hereby authorized and directed to use the money derived from the sale of said bonds, or such portion thereof as it may deem necessary, for the purposes of purchasing a site in the city of Sparks, county of Washoe, State of Nevada, for a primary-school building, for the erection thereon of a primary-school building, for furnishing and equipping both the junior high-school building and primary-school building, and installing heating-plants therein; and said board shall determine the character of said buildings, plans, site for primary school, materials, furnishings, equipments, and heating-plants therefor, and shall advertise for bids for the construction of said buildings and the furnishings, equipments and heating-plants therefor, either under one contract or under separate contracts, as it may deem for the best interest of said district, and shall let said contract or contracts to the lowest responsible bidder or bidders as the case may be; and may reject any and all bids and readvertise until a bid or bids satisfactory to it are obtained.

      Sec. 14.  If the holder of any of said bonds shall, for any cause, fail to present the same for redemption at maturity, all interest on such bond or bonds which have matured shall thereafter cease.

      Sec. 15.  If there shall be any surplus in said “Sparks Junior High-School and Primary-School Buildings Fund,” after the completion of said high-school and primary-school buildings, furnishings, equipments, and heating-plants, such surplus shall without delay be passed by the county treasurer to the credit of the general school fund of said district.

      Sec. 16.  Said board of trustees is hereby authorized to pay out of said “Sparks Junior High-School and Primary-School Buildings Fund,” or out of the general fund of said district, all expenses involved in or connected with the holding of an election or elections under this act, and the preparation and issuance of bonds hereunder, and the preparation of plans for said buildings.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 231ê

CHAPTER 132, AB 83

[Assembly Bill No. 83–Mr. Marsh]

 

Chap. 132–An Act to amend that certain act entitled “An act to provide for cooperative agricultural and home-economics extension work in the several counties in accordance with the Smith-Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation in support of such work; making an annual appropriation therefor, levying a tax, and for other purposes,” approved April 1, 1919, by adding an additional section thereto, to be known as section 8.

 

[Approved March 10, 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 an additional section to be known as section 8, which said section shall read as follows:

      Section 8.  Any county in this state which has been taxed by state farm bureau levy to carry out the provisions of this act, and which has not organized a county farm bureau under the provisions of this act, shall be entitled to a refund of all state farm bureau taxes paid by it into the state treasury. The state board of examiners shall determine the amount so due and upon approval and allowance of such claim by said board said sum of money shall be returned to said county by warrant of the state controller, payable by the state treasurer from the farm bureau fund.

      Sec. 2.  This act shall take effect on and after March 1, 1924.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain counties entitled to refund

 

 

 

 

 

 

 

In effect March 1, 1924

 

________

 

CHAPTER 133, AB 98

[Assembly Bill No. 98–Washoe County Delegation]

 

Chap. 133–An Act providing an appropriation for the payment of street work on that portion of North Virginia street in the city of Reno, Washoe County, Nevada, fronting on the property and grounds of the Nevada state university.

 

[Approved March 10, 1923]

 

      Whereas, The city of Reno, a municipal corporation, located in Washoe County, Nevada, has provided for the pavement of certain streets in the city of Reno, including North Virginia street in said city, and has provided for the payment thereof by special assessments against the properties fronting on said streets; and

      Whereas, The grounds of the Nevada state university front on 1,312 feet of said North Virginia street; and

      Whereas, Under said improvements, 15,744 square feet of pavement will be chargeable against the Nevada state university, and the cost thereof will amount to four thousand four hundred and eight and 32/100 ($4,408.32) dollars; now, therefore,

 

 

 

 

 

 

 

 

To pay for paving Reno streets fronting university


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

ê1923 Statutes of Nevada, Page 232 (CHAPTER 133, AB 98)ê

 

 

 

 

 

 

Appropriation, $4,408.32

 

 

 

 

 

Work complete before money paid

sand four hundred and eight and 32/100 ($4,408.32) dollars; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four thousand four hundred and eight and 32/100 ($4,408.32) dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to pay the said city of Reno for the expenses of improving North Virginia street fronting on the property of the Nevada state university, for the paving of 15,744 square feet of pavement, and the state controller is hereby directed and required to draw his warrant for the sum of four thousand four hundred and eight and 32/100 ($4,408.32) dollars in favor of said city of Reno, and the state treasurer is hereby authorized and required to pay the same; provided, however, that said sum shall not be paid until the work has been completed and the claim has been presented to and approved by the state board of examiners.

 

________

 

CHAPTER 134, SB 74

 

 

 

 

 

 

 

 

 

 

 

 

Amending criminal practice act

Information, when complete

 

Amended, who by

 

 

Not amended, when

[Senate Bill No. 74–Senator Scott]

 

Chap. 134–An Act to amend section 5 of an act entitled “An act providing for the prosecution and punishment of crimes, misdemeanors and offenses by information,” approved March 24, 1913, and set forth in Vol. 3, Revised Laws of Nevada, 1919, at page 3399, et seq.

 

[Approved March 10, 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.  No information shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of the defendant. An information may be amended by the district attorney without leave of court, at any time before the defendant pleads. Such amendment may be made at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. An information cannot be amended so as to charge an offense not shown by the evidence taken at the preliminary examination.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 233ê

CHAPTER 135, SB 78

[Senate Bill No. 78–Senator Miller]

 

Chap. 135–An Act to amend an act entitled “An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 414 of an act entitled “An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, is hereby amended to read as follows:

      Section 414.  When a judgment of imprisonment has been pronounced, duplicate certified copies of the entry thereof in the minutes, duly attested by the clerk under the seal of the court, shall forthwith be furnished to the officers whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require the execution thereof, except when judgment of death is rendered.

      Sec. 2.  Section 417 of the above-entitled act is hereby amended to read as follows:

      Section 417.  If the judgment is for imprisonment in the state prison, the sheriff of the county must, on receipt of the duplicate certified copies thereof, take and deliver the defendant to the warden of the state prison within seven days, or as soon thereafter as travel will permit. He must also deliver to the warden one of the certified copies of the judgment, and take from the warden a receipt for the defendant, and said sheriff shall make return upon his certified copy of such judgment, showing his proceedings thereunder, and both such copy with the return affixed thereto and the receipt from the warden shall be filed with the county clerk. Upon the expiration of the term of imprisonment of such defendant, or the termination thereof for any legal reason, the warden shall return his certified copy of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the same shall be filed with the county clerk; provided, that such return shall show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.

      Sec. 3.  Section 418 of the above-entitled act is hereby amended to read as follows:

      Section 418.  When a judgment of death has been pronounced, a certified copy of the entry thereof in the minutes of the court shall be forthwith executed and attested in triplicate by the clerk under the seal of the court. There shall be attached to said triplicate copies, a warrant signed by the judge, attested by the clerk, under the seal of the court, which shall recite the fact of the conviction and judgment, and appoint a week within which the judgment is to be executed, which must not be less than sixty days nor more than ninety days from the time of judgment, and must direct the sheriff to deliver the defendant within seven days, or as soon thereafter as travel will permit, to the warden of the state prison of this state for execution, such prison to be designated in the warrant.

 

 

 

 

 

 

 

 

 

 

 

 

Amending criminal practice act

 

Duplicate certified copies of judgment of imprisonment

 

 

 

 

Sheriff to deliver defendant to state prison in 7 days

 

 

 

 

 

 

Duties of warden

 

 

 

 

 

 

Death sentence; triplicate copies of death warrant


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

ê1923 Statutes of Nevada, Page 234 (CHAPTER 135, SB 78)ê

 

 

 

 

 

 

Disposal of said copies

 

 

 

 

 

 

 

One copy returned to county clerk

Conflicting acts repealed

court, which shall recite the fact of the conviction and judgment, and appoint a week within which the judgment is to be executed, which must not be less than sixty days nor more than ninety days from the time of judgment, and must direct the sheriff to deliver the defendant within seven days, or as soon thereafter as travel will permit, to the warden of the state prison of this state for execution, such prison to be designated in the warrant. The original of such triplicate copies of the judgment and warrant shall be filed in the office of the county clerk, and two of such triplicate copies shall, by the clerk, be immediately delivered to the sheriff of the county; one of said triplicate copies to accompany the body of the defendant to the state prison and to be left with the warden thereof, and to be the warrant and authority of the warden of such state prison aforesaid for the imprisonment and execution of the defendant, as therein provided and commanded, and the other triplicate copy of such judgment and warrant to be the warrant and authority of said sheriff for the transportation and imprisonment of said defendant as hereinbefore provided; said last-mentioned copy to be returned to the county clerk by said sheriff with his proceedings endorsed thereon.

      Sec. 4.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

CHAPTER 136, SB 119

 

 

 

 

 

 

 

 

 

 

 

 

Certain section repealed

In effect after July, 1923

[Senate Bill No. 119–Senator Smith]

 

Chap. 136–An Act to repeal section 21 of an act entitled “An act regulating the compensation of county officers in the several counties of this state, and other matters relating thereto,” approved March 11, 1885, paragraph 1701, Revised Laws, 1912.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 21 of the above-entitled act is hereby repealed.

      Sec. 2.  The repeal of this act shall not apply to the apportionment to be made in July, 1923.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 235ê

CHAPTER 137, SB 100

[Senate Bill No. 100–Senator Sheehan]

 

Chap. 137–An Act to authorize, empower and direct the board of county commissioners of Humboldt County, Nevada, to issue bonds to provide funds for constructing and improving roads and highways and constructing bridges in Humboldt County, Nevada.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of constructing and improving highways and roads and constructing bridges in Humboldt County, the board of county commissioners of Humboldt County is hereby authorized, empowered and directed to issue bonds in the name of said Humboldt County in the sum of one hundred thousand dollars, said bonds to be known as the “Humboldt County Highway Bonds.” All money derived from the sale of said bonds to be expended by the county commissioners of said Humboldt County, and within the bounds of said county.

      Sec. 2.  The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer or a printed facsimile of his signature.

      Sec. 3.  The said board of county commissioners is authorized to negotiate the sale of said bonds from time to time, as the said board deems necessary, to the highest responsible bidders, for cash, and at a price not less than ninety-five cents on the dollar, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “Humboldt County Highway Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of the obligations contracted under the provisions of this act. In the event the said bonds or any portion thereof be sold at public sale notice of such sale shall be given by publication for at least two weeks in a newspaper of general circulation published in Humboldt County.

      Sec. 4.  The said bonds shall be of the denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum, said interest payable semiannually on the first day of January of each year and the first day of July of each year after the issuance of said bonds until paid in full; and on the first day of July, 1925, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid.

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for roads and bridges in Humboldt county; $100,000

 

 

 

 

County commissioners to prepare said bonds

 

 

 

 

 

Sale of bonds

 

 

 

 

 

 

 

Sale advertised in Humboldt newspaper

 

Denomination, $500; interest, 6%


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

ê1923 Statutes of Nevada, Page 236 (CHAPTER 137, SB 100)ê

 

 

 

 

 

 

 

“Humboldt County Highway Bond, 1923, Redemption Fund”

 

 

 

 

 

 

 

 

 

 

 

 

 

Legality of bonds guaranteed

 

Residue to go to general road fund

 

Faith of state pledged

year after the issuance of said bonds until paid in full; and on the first day of July, 1925, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first redeemed and paid, and so on until the whole amount of said bonds so issued shall have been redeemed and paid.

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the said board of county commissioners of said county shall, in the year 1923, and annually thereafter, at the time of levying taxes for state and county purposes, and in the same manner, levy a tax upon all property subject to taxation within said Humboldt County sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the “Humboldt County Highway Bond, 1923, Redemption Fund,” and shall be used for no other purpose except as herein provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of the said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “Humboldt County Highway Bond, 1923, Redemption Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption.

      Sec. 6.  When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever.

      Sec. 7.  Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall be converted into and become a part of the general road fund of said county.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 237ê

CHAPTER 138, SB 133

[Senate Bill No. 133–Committee on Claims]

 

Chap. 138–An Act for the relief of the Virginia and Truckee railway company, W. H. Thomas, Ben Rotholtz cigar company, Osen motor sales company, Minden dry goods store, Frank E. Meder, Imelli meat company, Harris brothers, Gray, Reid, Wright company, Farmers cooperative company, Carson brewing company, Carson bakery, Carson creamery company, and the Associated oil company.

 

[Approved March 10, 1923]

 

      Whereas, During the month of December, 1922, W. H. Thomas, sheriff of Nye County, delivered a prisoner to the Nevada state penitentiary at an expense of $68.05; and

      Whereas, During the month of December, 1922, the Virginia and Truckee railway furnished service and material to the Nevada state penitentiary amounting in all to the sum of $60.19; and

      Whereas, During the year 1922, supplies were delivered to the Nevada state penitentiary by the following persons and firms, in amounts as follows:

             Ben Rotholtz Cigar Co.......................................................................     $99.87

             Osen Motor Sales Co........................................................................       28.92

             Minden Dry Goods Store..................................................................     161.05

             Frank E. Meder...................................................................................         7.95

             Imelli Meat Co.....................................................................................       21.60

             Harris Brothers...................................................................................       17.50

             Gray, Reid, Wright Co.......................................................................       33.34

             Farmers Cooperative Co....................................................................     179.30

             Carson Brewing Co............................................................................       17.05

             Carson Bakery....................................................................................         9.50

             Carson Creamery Co..........................................................................     207.18

             Associated Oil Co..............................................................................       63.90

                                                                                                                              $847.16

 

      Whereas, Claims for said services and supplies were inadvertently not presented for payment during the 1921-1922 period, and these claims can now be legally paid only through a relief act; and

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

 

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

Assembly, do enact as follows:

 

      Section 1.  The amount of $975.40 is hereby appropriated, out of any money in the general fund of the state treasury not otherwise appropriated, for the payment of the above claims, and the state controller is hereby directed to draw his warrants in favor of the following persons and firms in the following amounts, and the state treasurer is directed to pay the same:

 

 

 

 

 

 

 

 

 

 

 

 

Deficiencies for 1921-1922

 

 

 

 

State prison deficiencies itemized

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $975.40


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

ê1923 Statutes of Nevada, Page 238 (CHAPTER 138, SB 133)ê

 

Appropriation, $975.40

firms in the following amounts, and the state treasurer is directed to pay the same:

             Virginia and Truckee Railway Co.....................................................     $60.19

             W. H. Thomas.....................................................................................       68.05

             Ben Rotholtz Cigar Co.......................................................................       99.87

             Osen Motor Sales Co........................................................................       28.92

             Minden Dry Goods Store..................................................................     161.05

             Frank E. Meder...................................................................................         7.95

             Imelli Meat Co.....................................................................................       21.60

             Harris Brothers...................................................................................       17.50

             Gray, Reid, Wright Co.......................................................................       33.34

             Farmers Cooperative Co....................................................................     179.30

             Carson Brewing Co............................................................................       17.05

             Carson Bakery....................................................................................         9.50

             Carson Creamery Co..........................................................................     207.18

             Associated Oil Co..............................................................................       63.90

                                                                                                                              $975.40

 

________

 

CHAPTER 139, SB 62

 

 

 

 

 

 

 

 

 

 

 

State license for real-estate brokers and salesmen

 

All employees must have license

 

 

 

 

Real-estate broker defined

[Senate Bill No. 62–Senator Smith]

 

Chap. 139–An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate board, and to provide a penalty for a violation of the provisions hereof.

 

[Approved March 10, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful on and after July 1, 1923, for any person, copartnership, association or corporation to act as a real estate broker or real estate salesman, or to advertise or assume to act as such real estate broker or real estate salesman without a license issued by the real estate board.

      No copartnership, association or corporation shall be granted a license, unless every member or officer of such copartnership, association or corporation, who actively participates in the brokerage business of such copartnership, association or corporation, shall hold a license as a real estate broker, and unless every employee who acts as a salesman for such copartnership, association or corporation shall hold a license as a real estate salesman.

      Sec. 2.  A real estate broker within the meaning of this act is any person, firm, partnership, copartnership, association or corporation who for a compensation or valuable consideration sells or offers for sale, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, or options thereon, or who leases or offers to lease, or rents or offers to rent, any real estate or the improvements thereon for others, as a whole or partial vocation.


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

ê1923 Statutes of Nevada, Page 239 (CHAPTER 139, SB 62)ê

 

      A real estate salesman within the meaning of this act is any person who for compensation or valuable consideration is employed either directly or indirectly by a real estate broker to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase or sale or exchange of real estate, or options thereon, or to lease, to rent or offer for rent any real estate, or to negotiate leases thereof; or of the improvements thereon, as a whole or partial vocation.

      One act for a compensation or valuable consideration of buying or selling real estate of or for another, or offering for another to buy or sell, or exchange real estate, or options thereon, or leasing, or renting, or offering to rent real estate, except as herein specifically excepted, shall constitute the person, firm, partnership, copartnership, association or corporation performing, offering, or attempting to perform any of the acts enumerated herein, a real estate broker or a real estate salesman within the meaning of this act.

      The provisions of this act shall not apply to any person, copartnership, association or corporation, who as owner or lessor shall perform any of the acts aforesaid with reference to property owned or leased by them, or to the regular employees thereof, with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to, the management of such property and the investment therein, nor shall the provisions of this act apply to persons acting as attorney in fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this act be construed to include in any way the services rendered by an attorney at law in the performance of his duties as such attorney at law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator or executor, or any person selling real estate under order of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; nor to include the purchase or sale of mining claims or options thereon.

      Sec. 3.  Within thirty days after the passage and approval of this act it shall be the duty of the governor to appoint a state board consisting of three members, which shall be known as the state real estate board of the State of Nevada, hereinafter called the board. The vocation of each member appointed must have been for a period of at least five years prior to the date of his appointment that of a real estate broker or a real estate salesman. One member shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member for a term of three years; and until their successors are appointed and qualify; thereafter the term of the members of said board shall be for three years and until their successors are appointed and qualify.

Real-estate salesman defined

 

 

 

 

One transaction constitutes a broker or salesman

 

 

 

 

Act inoperative, when

 

 

 

 

 

 

 

 

 

 

 

 

Mining claims exempt

 

Governor to appoint state real-estate board


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

ê1923 Statutes of Nevada, Page 240 (CHAPTER 139, SB 62)ê

 

 

 

 

Members to take oath

 

 

 

 

 

Regular meetings

 

 

 

Quorum

 

 

 

Funds

 

 

 

 

 

 

 

 

 

Seal

 

 

 

Records public

appointed and qualify. In the event of a vacancy occurring in said board, or the absence of any member from the state for a period of six months without permission from the governor, the governor shall appoint a person duly qualified under this act to fill the unexpired term. Each member of said board shall, before entering upon the duties of his office, take a constitutional oath of office, and shall, in addition, make oath that he is legally qualified under the provisions of this act to serve as a member of said board. The said board shall meet at Carson City, at the call of the governor, on the first Tuesday in May, 1923, and organize by electing from its members a president, vice-president and secretary-treasurer to serve at the pleasure of the board, and designating some convenient place within the state as the office of the board. The board shall hold regular meetings at their established office on the first Tuesday of May, September, and January of each year. Special meetings of the board may be held at the call of the president whenever there is sufficient business to come before the board to warrant such action, at any place most convenient to the board. Two members shall constitute a quorum for the transaction of business. The board may do all things necessary and convenient for carrying into effect the provisions of this act, and may from time to time promulgate necessary rules and regulations.

      All money received for licenses shall be held by the treasurer of the board subject to its order. Said money shall be used to meet the expenses of the board for stationery, books of record, blanks and other supplies, clerical and stenographic charges, office rent, the actual expenses of the members of the board in attendance upon meetings, and such other expenses as shall be reasonably necessary for carrying out the provisions of this act. Members of the board shall serve without compensation, but shall receive their actual expenses in attending upon meetings or in the transaction of other business of the board, in so far as the money received from licenses is sufficient therefor, but not otherwise. The payment of money from the funds of the board shall be made upon the written order of the president, countersigned by the secretary.

      The board shall adopt a seal with such design as the board may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the board, duly certified and authenticated by the seal of said board, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the board under authority of this act shall be open to public inspection under such rules and regulations as shall be prescribed by the board.

      Sec. 4.  A license shall be granted only to persons who bear a good reputation for honesty, truthfulness and fair dealing and are competent to transact the business of a real estate broker or a real estate salesman in such a manner as to safeguard the interests of the public.


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

ê1923 Statutes of Nevada, Page 241 (CHAPTER 139, SB 62)ê

 

bear a good reputation for honesty, truthfulness and fair dealing and are competent to transact the business of a real estate broker or a real estate salesman in such a manner as to safeguard the interests of the public.

      Sec. 5.  Every applicant for a real estate broker’s license shall apply therefor in writing upon the blanks prepared or furnished by the board.

      Such application shall be accompanied by the recommendation of at least two citizens, real estate owners, not related to the applicant, who have owned real estate for a period of one year or more in the county in which said applicant resides, or has his place of business, which recommendation shall certify that the applicant bears a good reputation for honesty, truthfulness, fair dealing and competency, and recommending that a license be granted to the applicant.

      Every applicant for a broker’s license shall state the name of the person, firm, partnership, copartnership, association or corporation with which he will be associated in the business of real estate, and the location of the place, or places, for which said license is desired, and set forth the period of time, if any, during which said applicant has been engaged in the real estate business.

      Every applicant for a license shall furnish a sworn statement setting forth his present address, both of business and residence, a complete list of all former places where he may have resided or been engaged in business for a period of sixty days or more, during the past five years, accounting for such entire period, and the length of such residence, together with the name and address of at least one real estate owner in each of such counties where he may have resided or have been engaged in business.

      Every applicant for a salesman’s license shall, in addition to the requirements of this section, also set forth the period of time, if any, during which he has been engaged in the real estate business, stating the name and address of his last employer, and the name and the place of business of the person, firm, partnership, copartnership, association or corporation then employing him, or into whose service he is about to enter. The application shall be accompanied by a written statement by the broker in whose service he is about to enter, stating that in his opinion the applicant is honest, truthful, and of good reputation, and recommending that the license be granted to the applicant.

      Every application for a license under the provisions of this act shall be accompanied by the license fee herein prescribed. In the event that the board does not issue the license the fee shall be returned to the applicant.

      Every application for a license shall be accompanied by a bond in the sum of one thousand ($1,000) dollars, running to the State of Nevada, executed by two good and sufficient sureties, to be approved by the board or executed by a surety company duly authorized to do business in the state.

Licenses, to whom granted

 

Application blanks for broker’s license

Endorsed by two citizens

 

 

 

 

What application must state

 

 

 

Sworn statement required

 

 

 

 

Salesman’s license

 

 

 

 

 

 

 

 

Fee

 

 

Bond, $1,000


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

ê1923 Statutes of Nevada, Page 242 (CHAPTER 139, SB 62)ê

 

 

 

 

Funds to treasurer of board

 

Further proof may be required

 

 

 

 

 

 

Hearings on applications

 

What license must show

 

 

 

 

 

 

 

 

Pocket-card

 

 

 

 

 

 

Fees for licenses

by a surety company duly authorized to do business in the state. Said bond shall be in form approved by the board, and conditioned that the applicant shall conduct his business in accordance with the requirements of this act.

      Any payments made or recovery had for the breach or forfeiture of any such bond shall be paid over to the treasurer of said board and be subject to the same uses and purposes as money received for licenses.

      The board may require such other proof as shall be deemed desirable with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity and competency of the applicant. The board is expressly vested with the power and authority to make and enforce any and all such reasonable rules and regulations connected with the application for any license as shall be deemed necessary to administer and enforce the provisions of this act; and the secretary-treasurer, upon application in proper form, may issue a temporary license to be in effect only until the next regular meeting of the board.

      Sec. 6.  The board, after an application in proper form has been filed, shall, before refusing to issue a license, set the application down for a hearing and determination as hereinafter provided in section 9.

      Sec. 7.  The board shall issue to each licensee a license in such form and size as shall be prescribed by the board. This license shall show the name and address of the licensee and in case of a real estate saleman’s license shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the board, and in addition to the foregoing shall contain such matter as shall be prescribed by the board. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed and shall be kept in the custody and control of such broker. It shall be the duty of each real estate broker to conspicuously display his license in his place of business.

      The board shall prepare and deliver to each licensee a pocket-card, which card among other things shall contain an imprint of the seal of the board and shall certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesman’s card it shall also contain the name and address of his employer. The matter to be printed on such pocket-card, except as above set forth, shall be prescribed by the board.

      The fees for licenses shall be as follows:

      For a real estate broker’s license, twenty-five ($25) dollars per annum, or fraction thereof; for a real estate salesman’s license, fifteen ($15) dollars per annum, or fraction thereof.

      When a copartnership, association, or corporation shall have paid for a real estate broker’s license and shall have designated one of its members or officers as hereinafter provided in this section, the fees payable by any other member or officer actively engaged in the real estate business of such copartnership, association or corporation shall be ten ($10) dollars per annum, or fraction thereof.


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

ê1923 Statutes of Nevada, Page 243 (CHAPTER 139, SB 62)ê

 

designated one of its members or officers as hereinafter provided in this section, the fees payable by any other member or officer actively engaged in the real estate business of such copartnership, association or corporation shall be ten ($10) dollars per annum, or fraction thereof.

      When a real estate broker’s license is granted to any copartnership or association, consisting of more than one person, or to any corporation, this shall entitle the copartnership, association or corporation to designate one of its members or officers, who, upon compliance with the terms of this act shall without payment of any further fee, upon issuance of said broker’s license, be entitled to perform all of the acts of a real estate salesman contemplated by this act. The person so designated, however, must make application for a salesman’s license, which application shall accompany the application of the real estate broker, and be filed with the board at the same time. If, in any case, the person so designated by a real estate broker shall be refused a license by the board, or in case such person ceases to be connected with such real estate broker, said broker shall have the right to designate another person who shall make application as in the first instance.

      Each real estate broker’s license which may be granted to an individual shall entitle such individual to perform all of the acts contemplated by this act without any further application upon his part and without payment of any fees other than the real estate broker’s annual fee.

      Every license shall expire on the thirty-first day of December of each year. The board shall issue a new license for each ensuing year, in the absence of any reason or condition which might warrant the refusal of the granting of a license, upon receipt of the written request of the applicant and the annual fee therefor, as herein required. The revocation of a broker’s license shall automatically suspend every real estate salesman’s license granted to any person by virtue of his employment by the broker whose license has been revoked, pending a change of employer and the issuance of a new license. Such new license shall be issued without charge, if granted during the same year in which the original license was granted.

      Every real estate broker shall maintain a place of business in this state. If the real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to each broker for each branch office maintained. If such broker be a copartnership, association, or corporation, a duplicate shall be issued to the members or officers thereof, and a single fee of five ($5) dollars in each case shall be paid for each duplicate license.

      Notice in writing shall be given to the board by each licensee of any change of principal business location, whereupon the board shall issue a new license for the unexpired period without charge.

 

 

 

 

One member of broker firm designated as real-estate salesman

 

 

 

 

 

 

 

 

 

Broker’s license includes all

 

 

All licenses expire December 31 annually

 

 

 

 

 

 

 

Broker to maintain office in Nevada

 

 

 

 

Board notified of change of business location


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

ê1923 Statutes of Nevada, Page 244 (CHAPTER 139, SB 62)ê

 

 

 

Discharged salesman; license returned to state board

 

 

 

 

 

 

 

 

 

 

 

 

Licenses revoked, when

 

 

 

 

 

 

 

 

Causes for revocation of license

period without charge. The change of business location without notification to the board shall automatically cancel the license theretofore issued.

      When any real estate salesman shall be discharged or shall terminate his employment with the real estate broker by whom he is employed, it shall be the duty of such real estate broker to immediately deliver or mail by registered mail to the board such real estate salesman’s license. The real estate broker shall at the time of mailing such real estate salesman’s license to the board address a communication to the last known residence address of such real estate salesman, which communication shall advise such real estate salesman that his license has been delivered or mailed to the board. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the board. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this act either directly or indirectly under authority of said license from and after the date of receipt of said license from said broker by the board; provided, that another license shall not be issued to such real estate salesman until he shall return his former pocket-card to the board or shall satisfactorily account to it for the same; provided further, than not more than one license shall be issued to any real estate salesman for the same period of time.

      Sec. 8.  The board may upon its own motion and shall upon the verified complaint in writing of any person, provided such complaint, or such complaint together with evidence, documentary or otherwise, presented in connection therewith, shall make out a prima facie case, investigate the actions of any real estate broker or real estate salesman, or any person who shall assume to act in either such capacity within this state, and shall have the power to suspend or to revoke any license issued under the provisions of this act at any time where the licensee has by false or fraudulent representation obtained a license, or where the licensee in performing or attempting to perform any of the acts mentioned herein is deemed to be guilty of:

      (a) Making any substantial misrepresentation; or

      (b) Making any false promises of a character likely to influence, persuade or induce; or

      (c) Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise; or

      (d) Acting for more than one party in a transaction without the knowledge of all parties for whom he acts; or

      (e) Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this act from any person except his employer, who must be a licensed real estate broker; or

      (f) Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer; or


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

ê1923 Statutes of Nevada, Page 245 (CHAPTER 139, SB 62)ê

 

broker other than the employer, without the express knowledge and consent of the employer; or

      (g) Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others; or

      (h) Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public; or

      (i) Paying a commission or valuable consideration to any person for acts or services performed in violation of this act; or

      (j) Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent, or dishonest dealing.

      Any unlawful act or violation of any of the provisions of this act by any real estate salesman, employee, or partner or associate of a licensed real estate broker, shall not be cause for the revocation of a license of any such real estate broker, partial or otherwise, unless it shall appear to the satisfaction of the board that said employer, partner, or associate had guilty knowledge thereof.

      Sec. 9.  The board shall, before denying an application for license, or before suspending or revoking any license, set the matter down for a hearing, and at least ten days prior to the date set for the hearing it shall notify in writing the applicant, or licensee, of any charges made, and shall afford said applicant, or licensee, an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant, or licensee, or by mailing same by registered mail to the last-known business address of such applicant, or licensee. If said applicant, or licensee, be a salesman, the board shall also notify the broker employing him, or in whose employ he is about to enter, by mailing notice by registered mail to the broker’s last-known business address. The hearing on such charges shall be at such time and place as the board shall prescribe.

      The board, or any member thereof, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers. In any hearing in any part of the state the process issued by the board shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed the fees prescribed by law for similar service, and such fees shall be paid in the same manner as provided herein for the payment of the fees of witnesses. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpenaed.

Causes for revocation of license

 

 

 

 

 

 

 

 

Unauthorized act of employee does not vitiate broker’s license

 

 

Hearing before denial or revocation of license

 

 

 

 

 

 

 

 

 

Power to administer oath

Process issued, scope of

 

 

 

 

Witness, fees and mileage


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

ê1923 Statutes of Nevada, Page 246 (CHAPTER 139, SB 62)ê

 

 

 

 

 

District court to act

 

 

 

Subpena

 

 

 

 

 

 

 

Court order

 

 

 

 

 

 

 

 

 

Depositions, when

 

 

 

Right to have witnesses

amount shall be paid by the party at whose request such witness is subpenaed. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board his fees and mileage shall be paid from the funds of the board in the same manner as other expenses of said board are paid.

      The district court in and for the county in which any hearing may be held by the board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said books or papers, and that the witness has been subpenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by subpoena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing, and ask an order of said court compelling the witness to attend and testify or produce said books or papers before the board. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended or testified or produced said books or papers before the board. A certified copy of said order shall be served upon said witness. If it shall appear to the court that said subpena was regularly issued by the board, the court shall thereupon enter an order that said witness appear before the board at the time and place fixed in said order and testify or produce the required books or papers, and upon failure to obey said order said witness shall be dealt with as for contempt of court.

      The board may in any hearing before it cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers.

      Any party to any hearing before the board shall have the right to the attendance of witness in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the board and designating the person or persons sought to be subpenaed.

      The decision of said board in refusing to grant, or in suspending, or in revoking, any license under this act shall be subject to review in accordance with the provisions of chapter seventy-two of that certain act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,”


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

ê1923 Statutes of Nevada, Page 247 (CHAPTER 139, SB 62)ê

 

be subject to review in accordance with the provisions of chapter seventy-two of that certain 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, and being sections 5683-5693, inclusive, Revised Laws of Nevada, 1912; and any party aggrieved by such decision of the board may within ten days from the date of said decision appeal therefrom to the district court of the State of Nevada, in and for the county in which the party affected by such decision resides or has his place of business under the terms of this act, by serving upon any member of the board a notice of such appeal and a demand in writing for a certified transcript of all the papers on file in the office of the board affecting or relating to such decision and all the evidence taken on the hearing and paying ten cents for each folio of the transcript and one dollar for the certification thereof. Thereupon the secretary-treasurer, or in his absence or inability to act, the president of such board shall, within thirty days, make and certify such transcript, and the appellant shall, within five days after receiving the same, file the same and the notice of appeal with the clerk of said court. Upon the hearing of such appeal, the burden of proof shall be upon the appellant, and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the board from which the appeal is taken, but shall be limited to a consideration and determination of the question whether there has been an abuse of discretion on the part of the board in making such decision.

      The decision of the board shall not take effect until ten days after its date, and if notice of appeal and demand for transcript are served upon the board in accordance with the provisions of this section, then such stay shall remain in full force and effect until decision upon appeal by said district court. But if said aggrieved party shall fail to perfect his appeal as herein provided, said stay shall automatically terminate.

      Sec. 10.  A nonresident of this state may become a real estate broker or a real estate salesman by conforming to all of the conditions of this section and this act.

      In its discretion the board may recognize, in lieu of the recommendations and statements required to accompany an application for license, the license issued to a nonresident broker, or salesman, in such other state, upon payment of the license fee and the filing by the applicant with the board of a certified copy of applicant’s license issued by such other state;

      (1) Provided, that such applicant, if a broker, shall maintain an active place of business in the state by which he is originally licensed; and

      (2) Provided further, that every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by the service of any process or pleading authorized by the laws of this state on the secretary-treasurer of the board, said consent stipulating and agreeing that such service of such process or pleadings on said secretary-treasurer shall be taken and held in all courts to be as valid and binding as if due service had been made upon said applicant in the State of Nevada.

Decision of board subject to judicial review

 

Appeal, when

 

 

 

 

 

 

Proceedings on appeal

 

 

Burden of proof on appellant

 

 

 

 

Decision of board takes effect 10 days after rendition

 

 

Nonresident eligible for license

 

 

 

 

 

Nonresident to maintain office in Nevada


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

ê1923 Statutes of Nevada, Page 248 (CHAPTER 139, SB 62)ê

 

Further requirements of nonresident applicant

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond for nonresident

 

Board to publish semiannually list of all licenses

 

 

 

 

 

Penalties for violation

shall file an irrevocable consent that suits and actions may be commenced against such applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by the service of any process or pleading authorized by the laws of this state on the secretary-treasurer of the board, said consent stipulating and agreeing that such service of such process or pleadings on said secretary-treasurer shall be taken and held in all courts to be as valid and binding as if due service had been made upon said applicant in the State of Nevada. Said instrument containing such consent shall be authenticated by the seal thereof, if a corporation, or by the acknowledged signature of a member or officer thereof, if otherwise. All such applications, except from individuals, shall be accompanied by the duly certified copy of the resolution of the proper officers or managing board, authorizing the proper officers to execute the same. In case any process or pleadings are served upon the secretary-treasurer of the board, it shall be by duplicate copies, one of which shall be filed in the office of the board, and the other immediately forwarded by registered mail to the main office of the applicant against which said process or pleadings are directed;

      (3) Provided further, however, that every nonresident of this state shall file a bond in form and content the same as is required of applicants under section five of this act.

      Sec. 11.  The board shall at least semiannually publish a list of the names and addresses of all licensees licensed by it under the provisions of this act, and of all persons whose licenses have been suspended or revoked within one year, together with such other information relative to the enforcement of the provisions of this act as it may deem of interest to the public. One of such lists shall be mailed to the county clerk in each county of the state and shall be filed by said county clerk as a public record. Such lists shall also be mailed by the board to any person in this state upon request.

      Sec. 12.  Any person or corporation violating a provision of this act shall upon conviction thereof, if a person, be punished by a fine of not more than one thousand ($1,000) dollars, or by imprisonment in the county jail for a term not to exceed one year, or by both such fine and imprisonment, in the discretion of the court, and if a corporation, be punished by a fine of not more than two thousand five hundred ($2,500) dollars. Any officer or agent of a corporation, or member or agent of a copartnership or association, who shall personally participate in or be accessory to any violation of this act by such copartnership, association or corporation, shall be subject to the penalties herein prescribed for individuals.


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

ê1923 Statutes of Nevada, Page 249 (CHAPTER 139, SB 62)ê

 

      Nothing herein contained shall be construed to release any person, corporation, association, or copartnership from civil liability or criminal prosecution under the general laws of this state.

      The board, or any member thereof, may prefer a complaint for violation of section one of this act before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions hereof.

      Sec. 13.  No person, copartnership, association or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in section two of this act without alleging and proving that such person, copartnership, association or corporation was a duly licensed real estate broker or real estate salesman at the time the alleged cause of action arose.

      Sec. 14.  Nothing in this act contained shall affect the power of cities and towns to tax, license, and regulate real estate brokers or salesmen. The requirements hereof shall be in addition to the requirements of any existing or future ordinance of any city or town so taxing, licensing or regulating real estate brokers or salesmen.

      Sec. 15.  If any section, subsection, sentence, clause, phrase, or requirement of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, phrase and requirement thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or requirements be declared unconstitutional.

      Sec. 16.  This act shall be applicable only to incorporated cities having a population of 2,500 or more.

      Sec. 17.  All acts and parts of acts in conflict with this act are hereby repealed.

Liability to civil and criminal laws

 

State board may bring action in court

 

 

Unlicensed party may not maintain court action

 

 

 

 

Municipalities may levy additional real-estate licenses

 

Each section of this act independent

 

 

 

 

Applies only to incorporated cities of more than 2,500

 

________

 

 


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

ê1923 Statutes of Nevada, Page 250ê

CHAPTER 140, AB 180

 

 

 

 

 

 

 

 

 

 

 

 

Elko County special tax for county fair

 

 

 

Proviso for 1923

 

 

 

 

 

 

 

 

 

 

 

Elko County fair fund

 

 

 

 

 

 

Claims must be approved by fair trustees

[Assembly Bill No. 180–Elko County Delegation]

 

Chap. 140–An Act to authorize the board of county commissioners of the county of Elko to levy a special tax annually for the support of the Elko County fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith.

 

[Approved March 15, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  On or before May 1, 1923 and 1924, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of Elko is hereby authorized and directed, for the purpose hereinafter set forth, to levy a special tax upon all of the property of Elko County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of ten thousand ($10,000) dollars; provided, however, that for the year 1923 there shall be transferred and paid from the Elko County general fund to the Elko County fair fund for the purposes of operating and conducting the fair, hereinafter more particularly described, sufficient funds for said purpose not exceeding ten thousand ($10,000) dollars, which said sum so transferred shall be paid back into the general county fund from the proceeds of said additional special tax levied during the year 1923; and provided further, that it is the intention of this act to create a tax levy during the year 1923 sufficient to reimburse the said general county fund for the 1923 Elko County fair and sufficient to provide funds for the 1924 Elko County fair, to the end that commencing with and including the 1924 Elko County fair the same may be conducted upon a cash basis without the transfer of funds from the general county fund for said purpose.

      Sec. 2.  The proceeds derived from such special tax levy shall be placed in the treasury of the said county of Elko in a special fund to be known as the Elko County fair fund, and shall be used for the payment of premiums, exhibition awards, amusement and entertainment features, purchase of building material, equipment, salaries, payment of current expenses of the Elko County fair, and for such other expenses as approved by the fair trustees, and for the reimbursement of the funds transferred from the general county fund as provided for in section 1 hereof.

      Sec. 3.  All claims against said fund for premiums, exhibition awards, building material, amusement and entertainment features, equipment, salaries, expenses, etc., shall be approved by the trustees of the said Elko County fair, and, after such approval, shall be allowed and paid out of the fund hereby created as other county claims are allowed and paid; provided, however, that in the payment of the premiums, exhibition awards, and in the payment of other expenses each year, the fair trustees may submit a voucher or vouchers for aggregate sum or sums embracing groups of premiums, exhibition awards, or other expenses, which vouchers shall be supported by claims and awards approved, and shall be in favor of agricultural association district number four, and said premiums, claims and other items may then be paid by check as approved by the fair trustees.


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

ê1923 Statutes of Nevada, Page 251 (CHAPTER 140, AB 180)ê

 

miums, exhibition awards, and in the payment of other expenses each year, the fair trustees may submit a voucher or vouchers for aggregate sum or sums embracing groups of premiums, exhibition awards, or other expenses, which vouchers shall be supported by claims and awards approved, and shall be in favor of agricultural association district number four, and said premiums, claims and other items may then be paid by check as approved by the fair trustees.

      Sec. 4.  The county of Elko shall never be liable for any claims against the fund hereby created in excess of the amount realized from the special tax herein provided for.

      Sec. 5.  In the event that said Elko County fair is not held for a period of any two consecutive years, after the passage and approval of this act, said act shall be deemed automatically repealed and of no further force or effect, and all money remaining in said Elko County fair fund shall thereupon revert to and become a part of the Elko County general fund.

      Sec. 6.  At any time there may be moneys in said Elko County fair fund during any period when such moneys are not required for the purposes of said fair and while moneys transferred from the Elko general fund shall not have been reimbursed in full, such moneys may be transferred from said Elko County fair fund to the said Elko County general fund to such extent as may be deemed necessary and proper.

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

 

 

 

 

 

 

County not liable, when

 

 

This act automatically repealed, when

 

 

 

Excess goes to general fund

 

 

 

Inconsistent acts repealed

 

________

 

CHAPTER 141, AB 190

[Assembly Bill No. 190–Mr. Henderson]

 

Chap. 141–An Act to amend section 2 of an act entitled “An act to establish commissioner districts in the county of Clark, and providing for the election therefrom of members of the board of county commissioners,” approved March 15, 1915.

 

[Approved March 15, 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 to read as follows:

      Section 2.  Beginning with the regular election to be held in Clark County in the year 1924, there shall be one long-term commissioner elected to take office in January, 1925, who shall serve for a term of four years, who shall be a qualified elector and resident of district No. 1, as hereinabove described; and one short-term commissioner, elected to take office January, 1925, who shall serve for a term of two years, who shall be a qualified elector and resident of district No. 2, as hereinabove described.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to election of Clark County commissioners


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

ê1923 Statutes of Nevada, Page 252 (CHAPTER 141, AB 190)ê

 

Long-term and short-term commissioners

      At each regular election thereafter there shall be elected two county commissioners, one long- and one short-term, who shall be bona fide residents of and qualified electors in the two districts the terms of office of commissioner of which shall expire on the ensuing first Monday of January thereafter; provided, the long-term commissioner shall be elected in direct biennial rotation from each of the three districts hereinbefore described; provided further, that no two commissioners shall serve at one and the same time from any one district, and in the event of a vacancy occurring in the membership from any of said districts, his successor shall be appointed from the bona fide residents and qualified electors of said district to fill such vacancy.

 

________

 

CHAPTER 142, SB 108

 

 

 

 

 

 

 

 

 

 

Removal of state historical relics prohibited

 

Exceptions

[Senate Bill No. 108–Senator Miller]

 

Chap. 142–An Act relating to the files, documents, and records of the Nevada state historical society.

 

[Approved March 15, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The secretary of Nevada state historical society, which is recognized as a state institution and which holds a large, varied and invaluable collection of files, documents and records as trustee of the state, is hereby prohibited from permitting or allowing any of the files, documents or records of this society to be taken away from the building where its offices and rooms are or shall be located; provided, that the secretary in person, or by any duly authorized deputy, clerk or employee, may take any of these files, documents or records away from that building for use as evidence or for literary or historical purposes temporarily; provided, further, that this shall not prevent the sale or exchange of any duplicates this society may have or obtain.

 

________

 

CHAPTER 143, SB 128

 

 

 

 

 

 

 

 

 

 

Relating to governor’s staff

[Senate Bill No. 128–Senator Scott]

 

Chap. 143–An Act to promote the efficiency of the Nevada national guard and to conform to the military laws of the United States.

 

[Approved March 15, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  That hereafter no appointments shall be made of any staff officers (including pay, inspection, subsistence and medical departments) unless such appointees shall have had previous military experience and they shall hold their appointments until they shall have reached the age of sixty-four (64) years,


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

ê1923 Statutes of Nevada, Page 253 (CHAPTER 143, SB 128)ê

 

hold their appointments until they shall have reached the age of sixty-four (64) years, unless relieved prior to that time by reason of resignation, disability or for cause to be determined by a court-martial legally convened for that purpose. Vacancies among such officers shall be hereafter filled by appointment from the officers of the militia of this state; provided, that nothing in this section shall be taken to mean that officers appointed as members of the governor’s staff, and members of the administrative staff who receive state pay by virtue of appointment, shall hold such office in any other manner or for any longer period than at the pleasure of the governor, not that elective state officers shall hold office beyond the term for which elected.

      Sec. 2.  The governor of this state is authorized to issue such regulations governing the appointments of officers in the national guard of this state and such other matters pertaining to the national guard as may be necessary in order to conform to the requirements made by Congress for participation in federal appropriations for the national guard.

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

Retirement at age 64

 

 

 

Proviso

 

 

 

 

Regulations to conform to congressional requirements

 

 

Conflicting acts repealed

 

________

 

CHAPTER 144, SB 136

[Senate Bill No. 136–Senator Sheehan]

 

Chap. 144–An Act authorizing and empowering the state board of examiners to fix the amount of expense money per day for personal uses of state officers, representatives and employees while traveling on official business outside the state.

 

[Approved March 15, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of examiners is hereby authorized and directed to fix the amount of expense money, not to exceed ten dollars per day, to be allowed to any officer, commissioner, representative, or other employee of the state while traveling on official business outside the state; and said board may adopt such rules and regulations as may be necessary to make such action effective.

 

 

 

 

 

 

 

 

 

 

 

 

Board of examiners to fix expense allowance to officers on foreign business

 

________

 

 


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

ê1923 Statutes of Nevada, Page 254ê

CHAPTER 145, SB 59

 

 

 

 

 

 

 

 

 

 

General appropriations for 1923-1924

 

 

 

 

 

Governor’s office and mansion

 

 

 

 

 

 

 

Lieutenant-governor

 

 

 

 

 

Secretary of state

 

 

 

 

 

 

 

Attorney-general

 

 

 

 

 

State controller and insurance commissioner

[Senate Bill No. 59–Senator Fairchild]

 

Chap. 145–An Act making appropriations for the support of the civil government of the State of Nevada for the years 1923 and 1924.

 

[Approved March 16, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1923-1924:

 

                                                    Administrative Offices

 

      Sec. 2.  The Office and Mansion of the Governor.

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

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

For salary of clerk in governor’s office...............................................................       3,600.00

For salary of extra clerical help.............................................................................          375.00

For traveling expenses of the governor..............................................................       1,500.00

For light, power, fuel, telephone, care of grounds, repairs and furnishings at governor’s mansion.........................................................................................       4,000.00

 

      Sec. 3.  The Office of Lieutenant-Governor and Adjutant-General.

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

For salary of stenographer, care, transfer, transportation, and insurance of military property; for traveling and incidental expenses of the adjutant-general             3,600.00

 

      Sec. 4.  The Office of Secretary of State.

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

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

For salary of clerk                                                                                                          4,000.00

For salary of typist.................................................................................................       3,000.00

For salary of stenographer....................................................................................       3,000.00

For auto license plates and administration of license law................................       14,000.00

 

      Sec. 5.  The Office of Attorney-General.

For salary of attorney-general..............................................................................   $10,000.00

For salary of deputy attorney-general.................................................................       6,000.00

For salary of stenographer....................................................................................       3,000.00

For traveling and contingent expenses........       3,000.00

 

      Sec. 6.  The Office of State Controller and Insurance Commissioner.

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

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

For salary of typist.................................................................................................       3,000.00

For protection of state revenue.....................       500.00

For salary of clerk for insurance commissioner..................................................       3,000.00


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

ê1923 Statutes of Nevada, Page 255 (CHAPTER 145, SB 59)ê

 

For salary of extra clerk..........................................................       3,600.00

For premiums on insurance...................................................       12,000.00

For fire protection for public buildings...............................................................          500.00

 

      Sec. 7.  The Office of the State Treasurer.

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

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

For salary of clerk                                                                                                          3,000.00

For exchange on state money transfers..............................................................       5,000.00

 

      Sec. 8.  The State Mine Inspector.

For salary of state mine inspector........................................................................     $7,200.00

For salary of two deputies.....................................................................................       9,600.00

For salary of clerk                                                                                                          3,000.00

For support of mine inspector’s office................................................................       7,700.00

For purchase of gas masks for mine-rescue work..............................................          500.00

 

                                                    Administrative Plants

 

      Sec. 9.  The State Printing Office.

For salary of superintendent of state printing...................................................     $7,200.00

For salary of bookkeeper.......................................................................................       3,000.00

For support of state printing office and bindery...............................................     45,000.00

 

                          The Boards, Commissions and Appointive Offices

 

      Sec. 10.  The Board of Capitol Commissioners.

For salaries of 1 clerk, 4 janitors, 2 watchmen, 1 gardener, 1 engineer, and for fuel, lights, water, stamps and stationery, telephone and telegraph, equipment and repairs, care of capitol and memorial buildings and grounds and sundry supplies and expenses            $52,000.00

 

      Sec. 11.  The Public Service Commission.

For salaries of commissioners...............................................       $15,000.00

For support of commission...................................................       20,000.00

 

      Sec. 12.  The Nevada Tax Commission.

For salaries of commissioners...............................................       $6,000.00

For salary of secretary...........................................................       6,000.00

For support of commission...................................................       12,000.00

 

      Sec. 13.  The State Board of Health.

For salary of secretary of state board of health.................................................     $5,000.00

For support of state board of health....................................       3,800.00

 

      Sec. 14.  The State Bank Examiner and State Board of Finance.

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

For salary of clerk                                                                          3,000.00

For support of state bank examiner and state board of finance             3,000.00

 

      Sec. 15.  The State Auditor.

For salary of state auditor.....................................................       $6,000.00

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

For support of state auditor’s office....................................       4,000.00

 

 

 

 

 

State treasurer

 

 

 

 

 

Inspector of mines

 

 

 

 

 

 

 

 

State printing office

 

 

 

 

 

 

Capitol and grounds, etc.

 

 

 

 

Public service commission

 

 

Tax commission

 

 

 

 

State board of health

 

 

 

Bank examiner and board of finance

 

 

 

 

State auditor


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

ê1923 Statutes of Nevada, Page 256 (CHAPTER 145, SB 59)ê

 

 

Commissioner of labor

 

 

 

 

Fish and game commission

 

State police

 

 

 

 

Historical society

 

 

State engineer

 

 

 

 

 

 

 

 

 

 

State library

 

 

 

 

 

 

 

State orphans home

 

 

 

School of industry

 

 

 

 

 

State prison

 

 

 

 

Hospital for mental diseases

 

 

Deaf, dumb, and blind

      Sec. 16.  The Labor Commissioner.

For salary of labor commissioner...............................................       $3,000.00

For salary of stenographer.........................................................       3,000.00

For support of labor commissioner’s office........................................................       3,000.00

 

      Sec. 17.  The Fish and Game Commission.

For support of the fish and game commission...................................................   $17,000.00

 

      Sec. 18.  The Nevada State Police.

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

For salary of inspector................................................................       4,800.00

For salaries, wages, material and general support                                                    8,000.00

 

      Sec. 19.  The Nevada State Historical Society.

For support of Nevada state historical society.................................................... $12,000.00

 

      Sec. 20.  The State Engineer’s Office.

For salary of state engineer, for all services rendered to the state, ex officio or otherwise          $7,200.00

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

For salary of deputy state engineer..........................................       4,400.00

For maintenance and support of state engineer’s office..................................     20,000.00

One chief clerk..............................................................................       3,600.00

For snow surveys........................................................................       1,500.00

One stenographer........................................................................       3,000.00

For cooperative water measurements with U. S. geological survey...............       5,000.00

 

      Sec. 21.  The State Library.

For salary of state librarian....................................................................................     $4,800.00

For salary of 2 assistant state librarians..............................................................       6,000.00

For equipment, cataloging, books, binding, stationery and general support of state library            12,000.00

 

                                   The Penal and Charitable Institutions

 

      Sec. 22.  The State Orphans Home.

For salaries of superintendent and matron.........................................................     $6,000.00

For support of state orphans’ home.........................................       60,000.00

 

      Sec. 23.  The Nevada School of Industry.

For salary of superintendent.................................................................................     $4,800.00

For support of Nevada school of industry.........................................................     30,000.00

For completion superintendent’s cottage...........................................................       3,300.00

For poultry unit............................................................................       2,500.00

 

      Sec. 24.  The Nevada State Prison.

For support of Nevada state prison..........................................       $145,000.00

For repairs and improvements....................................................       5,000.00

For death watch over condemned criminals.......................................................       3,000.00

 

      Sec. 25.  The Nevada State Hospital for Mental Diseases.

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

For support of the Nevada state hospital for mental diseases........................ 155,000.00

 

      Sec. 26.  The Care of the Deaf, Dumb, and Blind.

For the care of the deaf, dumb and blind (under the control of the state board of education)          $18,000.00


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

ê1923 Statutes of Nevada, Page 257 (CHAPTER 145, SB 59)ê

 

      Sec. 27.  The Florence Crittenton Mission.

For support of the Florence Crittenton Mission................................................     $4,800.00

 

      Sec. 28.  The Vocational Rehabilitation Board.

For support of state vocational rehabilitation under direction of the vocational rehabilitation board in cooperation with the federal government.............   $10,000.00

 

                                                 Educational Institutions

 

      Sec. 29.  State Board for Vocational Education.

For support of vocational education in cooperation with federal board for vocational education and local and district school boards and including the mining schools and state’s proportion of the salaries and expenses of all officers of said state board           $35,000.00

 

                                                       The Judicial Branch

 

      Sec. 30.  The Supreme Court.

For salaries of the supreme court justices..........................................................   $36,000.00

For salary of the clerk of the supreme court.......................................................       7,200.00

For salary of the reporter of decisions............................       4,800.00

For salary of the stenographers of the court and clerk.....................................       9,000.00

For salary of the bailiff......................................................       600.00

For stamps and stationery and supplies, telephone and telegraph and expenses for the supreme court and clerk..................................................................................       1,950.00

For publishing Nevada Reports.......................................       4,800.00

For printing decisions in Carson Appeal............................................................       3,600.00

For equipment for the supreme court..............................       1,300.00

 

      Sec. 31.  The District Courts.

For traveling expenses of the district judges (to be budgeted by the board of examiners)         $10,000.00

 

                                  Miscellaneous Administrative Expenses

 

      Sec. 32.

For care of G. A. R. cemetery............................................       $300.00

For election expense..........................................................       1,000.00

For industrial insurance, state employees..........................................................       5,000.00

For state officers’ bond premiums...................................       400.00

For relief of Grace Wildes.................................................       400.00

For rewards by the governor............................................       4,000.00

For state advertising in Carson News.............................       3,000.00

For commission for the promotion of uniform legislation................................          300.00

For interest on deficiency claims.....................................       3,000.00

 

      Sec. 33.  County Normal Schools.

For support of county normal schools until July 1, 1923 (including all payments under existing law)    ................................................................................................... $3,600.00

 

Florence Crittenton mission

 

Vocational rehabilitation

 

 

 

 

 

 

 

 

Vocational education

 

 

 

 

Supreme court

 

 

 

 

 

 

Nevada Reports

 

 

 

 

 

District judges

 

 

 

 

Miscellaneous expenses

 

 

 

 

 

 

 

 

 

 

County normal schools


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

ê1923 Statutes of Nevada, Page 258 (CHAPTER 145, SB 59)ê

 

 

From permanent school fund

State land office

 

 

 

 

 

 

 

Superintendent of public instruction, and deputies, etc.

 

 

 

 

 

 

 

Conflicting acts repealed

      Sec. 34.  The Surveyor-General and State Land Register.

      The following sums are hereby appropriated from the permanent school fund for the purposes hereinafter expressed, for the years 1923 and 1924:

For salary of surveyor-general and state land register.....................................       $7,200.00

For salary of deputy surveyor-general and state land register.......................       4,800.00

For salary of draftsman..........................................................................................       4,000.00

For salary of typist.................................................................................................       3,000.00

For township plats.................................................................................................       250.00

For letter files and fixtures.....................................................................................       500.00

 

      Sec. 35.  Department of Education, Administrative.

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

For salary of office deputy....................................................................................       4,800.00

For salary of stenographic clerk...........................................................................       3,000.00

For salary of deputy superintendents.................................................................       24,000.00

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

For travel and office expenses deputies.............................................................       15,000.00

For teachers’ examinations, institutes, state textbook commission, educational tests and school registers.........................................................       4,500.00

Office equipment, adding machine, files, etc......................................................       500.00

 

      Sec. 36.  All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act.

 

________

 

CHAPTER 146, SB 120

 

 

 

 

 

 

 

 

 

 

 

 

Every state department to file personnel and pay-roll with board of examiners monthly

[Senate Bill No. 120–Senator Fitzgerald]

 

Chap. 146–An Act providing for publicity of state pay-rolls, giving authority to the state board of examiners to regulate state employments and compensations, establishing a penalty for the violation of the provisions of this act; and repealing acts in conflict herewith.

 

[Approved March 17, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  All state offices, departments, institutions, commissions, and bureaus shall file with the state board of examiners, upon the first day of each month, a statement in such form as the board may direct, showing the name, address, salary or compensation, and character of employment of all persons upon their pay-rolls; and the said statements shall be open to public inspection in the office of the clerk of the said board during regular office hours.

      Sec. 2.  It shall be the duty of the state board of examiners, and it is hereby empowered, to determine what employees may be necessary,


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

ê1923 Statutes of Nevada, Page 259 (CHAPTER 146, SB 120)ê

 

may be necessary, and to establish the salaries or compensation thereof in all state offices, departments, institutions, commissioners, and bureaus of the state government, except positions and salaries specifically authorized by statute, or under the control of elective boards; and no such employment, compensation, or salary shall be valid unless the same shall be authorized by the said board at a meeting previous to such employment; provided, however, that temporary appointments or employments may be made, in case of necessity, up to the first of the month succeeding such necessity; and provided further, that present employment otherwise valid shall be valid until the first meeting of said board after this act shall go into effect.

      Sec. 3.  The head or heads of any state office, department, institution, commission, or bureau, who shall neglect, fail, or refuse to observe the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than two hundred dollars for each offense thereunder.

      Sec. 4.  All acts and parts of acts in conflict with the provisions hereof are hereby repealed.

Board of examiners to determine necessary employees and salaries

 

 

Temporary employees

 

 

 

Department heads must obey this law; penalty

 

 

 

Conflicting acts repealed

 

________

 

CHAPTER 147, SB 134

[Senate Bill No. 134–Committee on Claims]

 

Chap. 147–An Act for the relief of J. F. Shaughnessy.

 

[Approved March 17, 1923]

 

      Whereas, During the year 1922, J. F. Shaughnessy incurred traveling expenses in the amount of $169.26, while traveling on official business for the public service commission of Nevada, and for which he has not been paid because of lack of funds therefor; and

      Whereas, Such claim is a just and proper one against the state, being certified to by the secretary of state, and approved by the board of examiners on February 27, 1923; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw and deliver to J. F. Shaughnessy a warrant for $169.26, and the state treasurer is directed to pay the same.

 

 

 

 

 

 

Relief of J. F. Shaughnessy

 

 

 

 

 

 

 

 

 

Appropriation, $169.26

 

________

 

 


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

ê1923 Statutes of Nevada, Page 260ê

CHAPTER 148, SB 149

 

 

 

 

 

 

 

 

 

$100 to senate and assembly porters

 

$50 each to J. H. Hoopes and Sam Martin

[Senate Bill No. 149–Senator Penrose]

 

Chap. 148–An Act providing for the payment for extra services by certain persons.

 

[Approved March 17, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred dollars is hereby appropriated, out of the legislative fund, for the purpose of paying for extra services by porters in cleaning up and putting the respective chambers in order after the adjournment of the legislature.

      Sec. 2.  Upon the certificate of the secretary of state that the work named herein has been done properly, the state controller shall draw warrants for fifty dollars each in favor of J. H. Hoopes, porter of the senate, and Sam Martin, porter of the assembly, and the state treasurer shall pay the same.

 

________

 

CHAPTER 149, AB 79

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additions to civil practice act

Small-claims courts created; justices of the peace to conduct

 

For sums not over $100

 

 

Actions, how conducted

[Assembly Bill No. 79–Mr. Robb]

 

Chap. 149–An Act to amend 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, by adding thereto seventeen new sections to be numbered and designated sections eight hundred seventy-four a, to eight hundred seventy-four p, inclusive, creating a small claims court, prescribing the procedure therein, and prescribing the method of appealing therefrom.

 

[Approved March 17, 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 the addition of seventeen new sections, to be numbered and designated as follows:

      Section 874a.  All justices of the peace shall exercise the jurisdiction conferred by this title and while sitting in the exercise of said jurisdiction shall be known and referred to as the small claims court; provided, that the jurisdiction of such justices court, when sitting as a small claims court, shall be confined to cases for the recovery of money only where the amount claimed does not exceed one hundred ($100) dollars and the defendant named is a resident of the township or city and county in which the action is to be maintained.

      Section 874b.  Actions shall be commenced, heard, and determined in the small claims courts under the provisions of this title whenever any person appears before any justice of the peace and executes an affidavit substantially in the form set forth in section eight hundred seventy-four c of this title.


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

ê1923 Statutes of Nevada, Page 261 (CHAPTER 149, AB 79)ê

 

set forth in section eight hundred seventy-four c of this title.

      Section 874c.  The affidavit mentioned in the last section shall be made on a blank substantially in the following form:

 

   In the Small Claims Court of.............................................................., County of

                         ................................................................, State of Nevada.

           ............................................., Plaintiff, vs. ........................................, Defendant.

State of Nevada

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

}

ss.

      ..............................................., being first duly sworn, deposes and says: That the defendant is indebted to the plaintiff in the sum of $................; that this affiant has demanded payment of said sum; that the defendant refused to pay the same and no part thereof has been paid; that the defendant resides at..........................., in the above-named county; that this affiant resides at.........................., county of................................, in the State of Nevada.

      Subscribed and sworn to before me this..................day of ........................................, 192.....     .................................., Justice.

      On the said affidavit shall be printed:

 

                                                                      order

      The State of Nevada, to the within-named defendant, greeting:

      You are hereby directed to appear and answer the within and foregoing claim at my office in....................................... (Name building or residence), in.........................................county of......................................., State of Nevada, on the ................day of ......................................, 192....., at the hour of....................o’clock in the.......................noon of said day; and to have with you, then and there, all books, papers, and witnesses needed by you to establish your defense to said claim.

      And you are further notified that in case you do not so appear, judgment will be given against you for the amount of said claim as it is stated in said affidavit.

      Dated this......................day of...................................................., 192.....

                                            ................................................................, Justice of the Peace.

 

      Section 874d.  When the claimant appears he shall prepare such an affidavit as is set forth in section eight hundred seventy-four c of this title, or, at his request, the judge of the court shall draft the same for him. Upon the affidavit being sworn to by the claimant the justice shall file the same and make a true and correct copy thereof. At the same time the justice shall fill in the blanks in the order printed on said copy and sign the order. Immediately thereafter the said justice shall enclose said copy and order in an envelope, address the said envelope to the said defendant at the address so stated in said affidavit, prepay the postage and mail said envelope to said defendant by registered mail, and request a return receipt, or said justice may deliver personally, or cause to be delivered, said copy and order to the defendant in person.

 

Form of affidavit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of order

 

 

 

 

 

 

 

 

 

 

Duties of justice of the peace in small-claims court


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

ê1923 Statutes of Nevada, Page 262 (CHAPTER 149, AB 79)ê

 

 

 

 

Appearance of defendant

 

 

 

 

What docket shall show

 

 

 

 

 

 

 

 

 

 

 

 

No attorneys employed in first proceedings

 

 

 

 

 

Speedy justice the object

 

 

 

Payment must be prompt

personally, or cause to be delivered, said copy and order to the defendant in person. The justice shall then attach to the original affidavit the receipt for the registered letter and the return card thereon or other evidence of service.

      Section 874e.  The date of the appearance of the defendant as provided in the order endorsed on the affidavit shall not be more than fifteen days nor less than five days from the date of the said order. When the justice has fixed the date for the appearance of the defendant he shall inform the plaintiff of said date and at the same time order the plaintiff to appear on said date and to have with him his books, papers, and witnesses necessary to prove his claim.

      Section 874f.  The justice shall enter in the docket kept by him as a justice of the peace:

      1.  The title of every action;

      2.  The sum of money claimed;

      3.  The date of the order provided for in section eight hundred seventy-four c, and the date of the trial as stated in said order;

      4.  The date when the parties appear, or their nonappearance if default be made;

      5.  Every adjournment, stating on whose application and to what time;

      6.  The judgment of the court and when returned;

      7.  A statement of any money paid to the justice, when, and by whom; and the date of the issuance of any abstract of the judgment;

      8.  The date of the receipt of a notice of appeal, if any be given, and of the appeal bond, if any be filed.

      Section 874g.  No attorney at law or other person than the plaintiff and defendant shall take any part in the filing or the prosecution or defense of such litigation in the small claims court. The plaintiff and defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing. The justice may also informally make any investigation of the controversy between the parties either in or out of court and give judgment and make such orders as to time of payment or otherwise as may, by him, be deemed to be right and just.

      Section 874h.  No formal pleading, other than the said claim and notice, shall be necessary and the hearing and disposition of all such actions shall be informal, with the sole object of dispensing speedy justice between the parties. No attachment or garnishment shall issue from the small claims court, but execution may issue in the manner prescribed by the civil practice act of the State of Nevada.

      Section 874i.  If the judgment or order be against the defendant, he shall pay the same forthwith or at such times and upon such terms and conditions as the justice shall prescribe.

      Section 874j.  If the plaintiff or defendant be dissatisfied, he may, within five days from the entry of said judgment against him, appeal to the district court of the county in which said court is held, and the prevailing party upon such appeal shall be awarded an attorney’s fee in the sum of fifteen dollars by the said district court.


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

ê1923 Statutes of Nevada, Page 263 (CHAPTER 149, AB 79)ê

 

he may, within five days from the entry of said judgment against him, appeal to the district court of the county in which said court is held, and the prevailing party upon such appeal shall be awarded an attorney’s fee in the sum of fifteen dollars by the said district court.

      Section 874k.  The defendant’s appeal may be taken by filing in the small claims court a statement substantially in the following terms:

 

   In the Small Claims Court of.............................................................., County of

                         ................................................................, State of Nevada.

           ............................................., Plaintiff, vs. ........................................, Defendant.

      Comes now the defendant and appeals from the judgment of the above-entitled court in the above-entitled action, to the district court in and for the above-named county and state.

      Dated this......................day of...................................................., 192.....

                                                     ........................................................................, Appellant.

 

      Section 874l.  The statement mentioned in the last section shall be accompanied by a bond substantially in the following form:

 

   In the Small Claims Court of.............................................................., County of

                         ................................................................, State of Nevada.

           ............................................., Plaintiff, vs. ........................................, Defendant.

      Whereas, the above-entitled court in the above-entitled action did on the............day of............................., 192....., enter judgment in favor of the plaintiff and against the defendant in the sum of $...........................; and

      Whereas, the defendant is about to appeal to the district court of the State of Nevada in and for the above-named county;

      Now, therefore, the undersigned does undertake and promise that if said judgment is affirmed that then and in that event the undersigned will pay said judgment and also fifteen dollars as an attorney fee to the said plaintiff on demand.

      Dated this......................day of...................................................., 192.....

                                                                ..................................................................., Surety.

      State of Nevada,

City and County of.................

}

ss.

      ..............................................., the surety named in the above bond, being duly sworn, says that he is a........................holder and resident within said state and is worth the sums hereinabove mentioned, over and above all his debts and liabilities, exclusive of property exempt from execution.

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

      Subscribed and sworn to before me this....................................................day of ............................., 192.....      ...............................................................................

 

      Section 874m.  If no appeal be taken by the defendant and the defendant fails to pay the judgment according to the terms and conditions thereof, the justice before whom such a hearing was had shall, on application of the plaintiff, certify such judgment in substantially the following form:

Appeal to district court; attorney fee

 

 

Appeal statement

 

 

Form of appeal statement

 

 

 

 

 

 

 

Bond required

 

 

Form of bond

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit of surety

 

 

 

 

 

 

 

 

Certificate of judgment


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

ê1923 Statutes of Nevada, Page 264 (CHAPTER 149, AB 79)ê

 

 

 

 

Form of abstract of judgment

 

 

 

 

 

 

 

 

 

Abstract filed with county clerk

 

 

County commissioners to supply stationery for small-claims court

 

 

No fees for officials

 

 

 

Proviso; exception

 

 

Does not bar other actions

a hearing was had shall, on application of the plaintiff, certify such judgment in substantially the following form:

 

     In the Small Claims Court of.............................................................., County of

                         ................................................................, State of Nevada.

      ............................................., Plaintiff, vs. ........................................, Defendant.

 

                                                     Abstract of judgment

      In the above-entitled court and action on the.................day of......................................., 192....., judgment was entered for plaintiff for $..............................; that no appeal from said judgment has been taken.

      Dated this......................day of...................................................., 192.....

                           ................................................................................, Justice of said court.

 

      Section 874n.  The abstract may be filed in the office of the county clerk of the county in which the judgment was rendered, and the judgment docketed in the judgment docket of the district court thereof. The date of the receipt of the abstract by the clerk must be noted by him thereon, and entered in the docket.

      Section 874o.  The board of county commissioners of every county wherein said small claims courts shall exist, shall furnish to every justice of the peace in such county a reasonable supply of various blank forms set forth in this title, also all forms, docket-book and stationery necessary for the use of such justice sitting as a small claims court.

      Section 874p.  No fee or charge of any kind or nature shall be charged or collected by any officer for any service rendered under this title. But the justice may, in the manner provided by law, make a claim against the county to reimburse him for moneys expended for postage stamps and registry charges of the postoffice department when the said justice was sitting as such small claims court; provided, that in those counties where the compensation of justices of the peace consists of fees allowed by law, the justice of the small claims courts may charge and collect the same fees which a justice of the peace may charge and collect, and no others; and provided further, that the remedy provided and given by sections 874a to 874p, both inclusive, of this act, shall not be deemed to bar any other remedy or action now provided by law.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 265ê

CHAPTER 150, AB 130

[Assembly Bill No. 130–Mrs. Hays]

 

Chap. 150–An Act to establish the Nevada state teachers’ employment bureau, making the superintendent of public instruction administrator of the same; providing for the registration of teachers seeking positions in this state and establishing a fund for the payment of expenses of the bureau.

 

[Approved March 17, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Nevada state teachers’ employment bureau is hereby established in this state.

      Sec. 2.  The state superintendent of public instruction shall be administrator of the same, without extra compensation.

      Sec. 3.  It shall be the duty of said superintendent to keep in his office a list of all teachers seeking employment in the schools of this state, together with such data regarding their competency as may be necessary for him to maintain and keep.

      Sec. 4.  For services in procuring employment in the schools of this state for teachers who have not received a major part of their training within the State of Nevada, the said superintendent shall be allowed to charge and collect a commission of two per cent upon the yearly salary of the teacher for whom employment within said schools is procured by him.

      Sec. 5.  It shall be the duty of all public-school trustees, school superintendents, deputy superintendents of public instruction and county boards of education, or any person or persons empowered to employ public-school teachers within this state, requiring the service of a teacher or teachers, to first apply to said bureau for recommendation of the necessary number of teachers required by any school district or county high school within the state before seeking to employ the necessary teachers through any other agency, and the said administrator of this act shall recommend the same from the list in his possession.

      Sec. 6.  The moneys received from commissions as provided in section 4 of this act shall be paid into the state treasury to the credit of the Nevada state teachers’ employment bureau fund, which is hereby created, and said fund shall be used for payment of the necessary expenses and clerk hire for conducting said bureau, and all claims against said fund shall be allowed and paid therefrom as other claims against the state are allowed and paid.

      Sec. 7.  For the purpose of carrying out the provisions of this act the sum of two thousand dollars ($2,000) is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to be placed to the credit of the fund herein created as a temporary loan.

 

 

 

 

 

 

 

 

 

 

 

 

State teacher employment bureau

State superintendent administrator

List of teachers seeking jobs

 

Fee for certain teachers

 

 

 

 

Educational officers to fill teaching vacancies by applying to state bureau

 

 

 

 

Moneys received applied to bureau expenses

 

 

 

Temporary loan, $2,000


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

ê1923 Statutes of Nevada, Page 266 (CHAPTER 150, AB 130)ê

 

 

fund herein created as a temporary loan. Such sum shall be repaid to the state treasury by applying all of the income derived through the operation of this act to the credit of said loan until the same shall have been fully repaid.

 

________

 

CHAPTER 151, AB 162

 

 

 

 

 

 

 

 

 

 

 

Notice of strikes to be signed by at least 3 citizens

 

 

 

Copy to labor commissioner

Penalty

[Assembly Bill No. 162–Committee on Labor]

 

Chap. 151–An Act prohibiting notice of the existence of strikes by persons other than citizens of the State of Nevada, and providing a penalty for the violation thereof.

 

[Approved March 17, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made unlawful for any person, firm or association to issue, cause to be issued, circulate or cause to be circulated any printed or written matter, notifying or advising the public or any organization by mail, or hand to hand, that a strike exists or is called in any place within the State of Nevada, unless the circular, letter or notice so issued shall contain the signatures of at least three persons who at the time of signing said circular were residents and citizens of the state for a period of six months, and copy of same shall be furnished the labor commissioner of the State of Nevada.

      Sec. 2.  Any person violating the provisions of this act shall be guilty of a misdemeanor and punished by a fine of not less than one hundred ($100) dollars nor more than three hundred ($300) dollars, or by imprisonment for not less than thirty days nor more than six months, or by both such fine and imprisonment.

 

________

 

CHAPTER 152, AB 210

 

 

 

 

 

 

 

 

 

 

 

 

$2,500 for committee to survey Nevada judicial districts

[Assembly Bill No. 210–Mr. Whiteley]

 

Chap. 152–An Act making an appropriation to meet the expenses to be incurred by the committee to be appointed under senate concurrent resolution No. 3, “Relative to the appointing of a committee to investigate and make a survey of the judicial districts of the State of Nevada.”

 

[Approved March 17, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of twenty-five hundred dollars is hereby appropriated, out of the general fund of the treasury of the State of Nevada not otherwise appropriated, to meet the expenses to be incurred by the committee to be appointed under senate concurrent resolution No. 3, “Relative to the appointing of a committee to investigate and make a survey of the judicial districts of the State of Nevada.”

 

________


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

ê1923 Statutes of Nevada, Page 267ê

CHAPTER 153, AB 235

[Assembly Bill No. 235–Mr. Addenbrooke]

 

Chap. 153–An Act to fix the state tax levy for the fiscal years 1923 and 1924, and to distribute the said levy to the proper funds.

 

[Approved March 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January 1, 1923, an ad valorem tax of sixty-seven cents (67c) on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows:

      Contingent university fund, eleven cents, not less than two cents of which shall be used or set aside for permanent construction on the property of the University of Nevada; public service division of the University of Nevada fund, two cents; state farm-bureau fund, one cent; consolidated bond interest and redemption fund, four cents; public-school teachers’ retirement salary fund, five-tenths of one cent; the general fund (including public-school administration), thirty and five-tenths cents; the distributive school fund, eleven cents; state highway fund, six cents; Nevada hospital for mental diseases building fund, one cent.

      Sec. 2.  For the fiscal year commencing January 1, 1924, an ad valorem tax of sixty-seven cents (67c) on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows:

      Contingent university fund, eleven cents, not less than two cents of which shall be used or set aside for permanent construction on the property of the University of Nevada; public-service division of the University of Nevada fund, two cents; state farm-bureau fund, one cent; consolidated bond interest and redemption fund, four cents; public-school teachers’ retirement salary fund, five-tenths of one cent; the general fund (including public-school administration), thirty and five-tenths cents; the distributive school fund, eleven cents; state highway fund, six cents; Nevada hospital for mental diseases building fund, one cent.

 

 

 

 

 

 

 

 

 

 

State tax levy for 1923 and 1924

 

 

 

 

67 cents for 1923; apportionment

 

 

 

 

 

 

67 cents for 1924

 

 

 

 

 

Apportionment

 

________

 

 


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

ê1923 Statutes of Nevada, Page 268ê

CHAPTER 154, AB 46

 

 

 

 

 

 

 

 

 

 

Dental service for inmates of state institutions

 

 

 

What service shall consist of

 

 

X-rays, when

 

Appropriation, $2,000

 

 

 

 

 

 

For inmates only

 

To take advantage of treatment at meetings of state dental board

[Assembly Bill No. 46–Mr. Whitesides]

 

Chap. 154–An Act to provide dental services for the inmates of the charitable and penal institutions of the State of Nevada.

 

[Approved March 19, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The warden of the Nevada state prison, the superintendent of the Nevada school of industry, the superintendent of the Nevada orphans’ home and the superintendent of the Nevada hospital for mental diseases are, in their discretion, and each of them is, hereby authorized to employ a reputable dentist to perform dental services for each and every patient and inmate of the said institutions requiring the same, and such services to be performed as the exigencies of such case shall demand.

      Sec. 2.  Said dental services shall be performed in as efficient and durable manner as possible, and shall consist of cement and amalgam fillings, treatment and extracting teeth, inserting artificial teeth on vulcanite plates, and perform such oral surgical operations as may be necessary.

      Sec. 3.  X-ray films shall be taken in such cases as shall be deemed necessary by the attending dentist at a cost not to exceed $2 for each film.

      Sec. 4.  For the purpose of carrying out the provisions of this act, the sum of two thousand ($2,000) dollars each year is hereby appropriated, out of the general fund of the treasury of the State of Nevada not otherwise appropriated, and warrants shall be drawn thereon by the state controller in payment of claims for dental services rendered any of said patients or inmates in accordance with the provisions of this act, which said claims shall be certified as correct by the warden or superintendent ordering the rendition of said dental services.

      Sec. 5.  No services shall be performed for any officer or employee in such state institutions as mentioned in this act.

      Sec. 6.  So far as may be convenient, the said warden or superintendents, in arranging for treatments for such patients or inmates, is required to take advantage of the free treatments afforded by the semiannual meeting of the state board of dental examiners.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 269ê

CHAPTER 155, AB 82

[Assembly Bill No. 82–Miss Gosse]

 

Chap. 155–An Act to regulate the professional nursing of the sick in the State of Nevada, providing for the examinations and issuing of certificates to graduate nurses, and providing penalties for the violation of this act.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor of the State of Nevada shall appoint a state board of examiners for examination and certification of graduate nurses.

      This board shall be composed of three graduate nurses, who shall have been graduated from an accredited school of nursing for nurses as defined by this act and shall be registered under the provisions of this act.

      Two members of the board shall be appointed to hold office for four years, and one for two years and thereafter upon the expiration of the term of office of the person so appointed, the governor of the state shall appoint a successor to each person whose term of office shall expire, said appointment to be for four years.

      The state board of nurse examiners shall appoint a secretary, who shall perform all duties required by this act, and such other duties as may be required by said board in order to carry out the object and purposes of this act.

      Lists of accredited training-schools for nurses and a register of the names of all nurses duly registered under this act shall be prepared and kept by the board. An annual report shall be filed before January of each year.

      The compensation of each member of said board shall be fixed by board rulings.

      Sec. 2.  It shall be the duty of the board of nurse examiners to meet regularly once every six months, for the purpose of holding examinations under the provisions of this act. Public notice of such meetings shall be given by publishing the same at least thirty days prior to the date of each meeting in two papers of general circulation in the State of Nevada and in one nursing journal.

      Upon filing application for examination each applicant shall pay an examination fee of ten dollars, which shall in no case be returned to the applicant. No further fee shall be required for registration. At such meeting it shall be the duty of the board to examine all applicants for registration under this act and to issue to duly qualified applicants, who shall pass a satisfactory examination, a certificate provided for in this act.

      Sec. 3.  All applicants for registration shall be registered without examination, provided they make application prior to July 1, 1923, and shall have graduated before said date from a reputable training-school connected with a general hospital.

 

 

 

 

 

 

 

 

 

 

 

State board of nurse examiners

Composition of board

 

 

Terms of office

 

 

 

Secretary

 

 

Lists of accredited schools; annual report

 

 

Duties of board

 

 

 

 

Examination of applicants; fee, $10

 

Certificate


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

ê1923 Statutes of Nevada, Page 270 (CHAPTER 155, AB 82)ê

 

Registry without examination prior to July, 1923

Certificate, how obtained; qualifications

 

 

 

 

 

 

 

Title of “R.N.”

 

 

Act not to apply in certain cases

 

 

 

Illegal use of title

 

 

Reciprocity with other states

 

 

 

Certificate revoked, when

 

 

Penalty for violation

without examination, provided they make application prior to July 1, 1923, and shall have graduated before said date from a reputable training-school connected with a general hospital.

      Sec. 4.  On and after July 1, 1923, no person shall be eligible for examination or registration as a registered nurse who shall not furnish satisfactory evidence of having graduated from an accredited school of training for nurses. An accredited training-school for nurses within the meaning of this act, is hereby defined to be a school for the training of nurses attached to or operated in connection with a hospital or hospitals giving general training and a systematic theoretical and practical course of instruction covering a period of at least twenty-eight months. All applicants for examinations must furnish satisfactory evidence of good moral character and of having complied with the provisions of the act relative to qualifying.

      Sec. 5.  A nurse who has received his or her certificate according to the provisions of this act shall be styled and known as a registered nurse, and shall be entitled to place the initials “R. N.” after his or her name.

      Sec. 6.  This act shall not be construed to affect or apply to the nursing of the sick by friends or members of the family or any practical nurse who does not in any way assume to be or practice as a registered nurse. Reputable nurses of good character, having had at least twenty-eight months of hospital training in the State of Nevada prior to July 1, 1923, are herein granted the right to come under this act.

      Sec. 7.  It shall be unlawful for any person not holding a certificate of registration issued by the state board of nurse examiners to use the title “Registered Nurse.”

      Sec. 8.  This board, upon written application and upon receipt of ten dollars as registration fee, shall issue a certificate of registration without examination to any applicant who has been duly registered as a registered nurse under the laws of another state or of a foreign country having requirements equivalent to those provided for in this act.

      Sec. 9.  The board shall have the power to revoke any certificate of registration for dishonesty, intemperance, immorality, unprofessional conduct, or any habit rendering a nurse unfit or unsafe to care for the sick, after a full and fair investigation of the charges preferred against the accused.

      Sec. 10.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than ten dollars, or more than one hundred dollars, for the first offense, and not less than fifty dollars nor more than five hundred dollars, for each subsequent offense.

      Sec. 11.  Within ten days after each semiannual meeting of the board of examiners the secretary of said board shall report to the controller the amount and source of all collections made under the provisions of this act and at the same time all such amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to be known as the fund for examination and registration of nurses.


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

ê1923 Statutes of Nevada, Page 271 (CHAPTER 155, AB 82)ê

 

of the board of examiners the secretary of said board shall report to the controller the amount and source of all collections made under the provisions of this act and at the same time all such amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to be known as the fund for examination and registration of nurses. All amounts paid into this fund shall be held subject to the order of the state board of nurse examiners to be used only for the purpose of meeting necessary expenses in the performance of the special duties imposed by this act. Claims against the fund shall be audited by the state board of nurse examiners and by the state board of examiners and shall be paid by the state controller.

      Sec. 12.  This act shall be in force and effect from and after its passage and approval.

Funds paid into state treasury

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 156, AB 86

[Assembly Bill No. 86–Mr. Jurich]

 

Chap. 156–An Act requiring any person or persons transacting business in this state under a fictitious name or designation to file certificate thereof, and providing penalties for a violation hereof, and repealing all acts in conflict herewith.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person, firm and copartnership conducting, carrying on or transacting business in this state under an assumed or fictitious name or designation which does not show the real name or names of the person or persons engaged or interested in such business, must file with the county clerk of each county in which such business is being or intended to be carried on, a certificate, stating the name or names in full of the person or persons interested in, or conducting or carrying on such business, or intending so to do, together with their respective places of residence.

      Sec. 2.  Such certificate must be signed by each and every person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before some officer authorized to take acknowledgments of conveyances of real property, and must state the fictitious or fanciful name under which the business is being or proposed to be carried on.

      Sec. 3.  Where the business is hereafter begun, or the copartnership is hereafter formed, such certificate must be filed within one month after the commencement of business, or after the formation of the partnership. When the business has been heretofore begun, conducted or carried on, or the partnership has been heretofore formed, the certificate must be filed within two months after the passage and approval of this act.

 

 

 

 

 

 

 

 

 

 

 

Real names of partners conducting business under fictitious name to be filed with county clerk

 

 

Certificate, requirements of

 

 

 

When certificates must be filed


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

ê1923 Statutes of Nevada, Page 272 (CHAPTER 156, AB 86)ê

 

 

New certificate, when

 

 

 

County clerk to keep record book

 

 

 

 

Certificate, evidence in court

 

 

Penalty for noncompliance

 

 

 

 

 

Misdemeanor, when

 

 

Specified act and certain sections repealed

 

 

 

Certain copartnerships exempt

 

Does not apply to corporations

cate must be filed within two months after the passage and approval of this act.

      Sec. 4.  On every change in the members of a partnership transacting business under a fictitious name or designation as aforesaid, a new certificate containing the information above required must be filed with the county clerk within one month after such change.

      Sec. 5.  Every county clerk must keep, in a book provided for that purpose, a register of all the names of such business, or fanciful or fictitious designations, as shown in such certificates, together with the name of each person shown to be interested or a partner in such business, all in alphabetical order, and shall charge for each name so entered a fee of twenty-five cents, which shall be full compensation for filing and registration.

      Sec. 6.  A copy of the said certificate so filed, and copies of the entries in such register, when duly certified by the county clerk as true and correct, shall be prima facie evidence of the facts stated therein and admissible in evidence in all courts of this state.

      Sec. 7.  Any person or persons engaged in, conducting or carrying on business in this state contrary to the provisions of this act, and without complying with the requirements hereof, shall not, nor shall the assignee of such person or persons, be allowed to commence, maintain or defend any action or proceeding in any court of this state, upon or on account of any contract made, or transaction had, or liability incurred, under such fictitious or fanciful name or designation, or cause of action arising or growing out of the business so carried on under such name.

      Sec. 8.  Any person or persons conducting, carrying on or transacting business in this state contrary to the provisions hereof, or without complying with the requirements hereof, shall be guilty of a misdemeanor.

      Sec. 9.  That certain act entitled “An act requiring partners transacting business in this state to file certificate of partnership with names of each individual comprising the same,” approved February 9, 1887, and sections 463, 464, 465, and 466 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and all acts or parts of acts in conflict herewith, are each and all hereby repealed.

      Sec. 10.  Copartnerships heretofore engaged in business, which have complied with the provisions of the act mentioned in section 9 of this act, shall not be required to comply with the provisions hereof except as to subsequent changes in membership of said partnerships. The provisions of this act shall not apply to corporations.

 

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

ê1923 Statutes of Nevada, Page 273ê

CHAPTER 157, AB 93

[Assembly Bill No. 93–Mr. Long]

 

Chap. 157–An Act to amend sections 1 and 17 of an act entitled “An act regulating automobiles or motor vehicles in public roads, highways, parks or parkways, streets and avenues, within the State of Nevada; providing a license for the operation thereof, and prescribing penalties for its violation; designating the manner of handling the receipts therefrom, and the purpose for which it may be expended and in what manner; to provide for the registration and issuing of number plates for vehicles; and repealing an act entitled ‘An act to amend certain sections of an act entitled “An act regulating automobiles or motor vehicles on public roads, highways, parks, or parkways, streets and avenues, within the State of Nevada; providing a license for the operation thereof and prescribing penalties for its violation; designating the manner of handling the receipts therefrom, and the purpose for which it may be expended, and in what manner, and repealing an act of the same title approved March 24, 1913,” approved March 24, 1915,’ approved March 24, 1917, and repealing a certain section of a certain act,” approved March 25, 1921, and to add four new sections thereto.

 

[Approved March 20, 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.  Definition of Terms.  The words and phrases used in this act, unless same be contrary to or inconsistent with the context, shall be construed as follows:

      (a) “Motor Vehicle”-Any self-propelled vehicle, except such as run exclusively on rails.

      (b) “Tractor”-Any self-propelled vehicle, designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently.

      (c) “Trailer”-Any vehicle without motive power designed for carrying property or passengers wholly on its own structure and also designed for being drawn by a self-propelled vehicle, except those running exclusively on rails.

      (d) “Semitrailer”-Any vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight or that of its load rests upon and is carried by the towing vehicle.

      (e) “Pneumatic Tires”-Tires of rubber and fabric, inflated with air.

      (f) “Solid Tires”-Tires of rubber or similarly elastic material that do not depend on confined air for the support of the load. “Metal Tires”-All tires, the surface of which, in contact with the highway, is wholly or partially of metal or other hard nonresilient material.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning motor vehicles

Definition of terms


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

ê1923 Statutes of Nevada, Page 274 (CHAPTER 157, AB 93)ê

 

 

 

Definition of terms

 

 

 

 

 

 

 

Motorcycle must have proper lights

 

 

 

 

 

 

Restriction as to weight of vehicles using highway

 

 

 

 

 

 

 

 

Gross weight per inch-width of tire

in contact with the highway, is wholly or partially of metal or other hard nonresilient material.

      (g) “Solid-Tire Vehicles”-Any vehicle equipped with two or more solid tires.

      (h) “Manufacturer”-A person, firm, corporation, or association engaged in the manufacture of new motor vehicles, trailers, or semitrailers as a regular business.

      (i) “Dealer”-Any person, firm, corporation, or association engaged in the purchase and sale of motor vehicles, trailers, or semitrailers.

      (j) “Highway”-Any public thoroughfare for vehicles.

      Sec. 2.  Section 17 of the above-entitled act is hereby amended to read as follows:

      Section 17.  Motorcycle Must Carry Proper Lights at Night.  Every motorcycle while in use shall carry, during the period from one hour after sunset to one hour before sunrise, and whenever fog or other atmospheric conditions render the use of the highway by vehicles unusually dangerous to the traffic and use of the highway, at least one lighted lamp showing a white light, visible under normal atmospheric conditions at least two hundred feet in the direction toward which the motorcycle is proceeding, and shall also carry at the rear of such motorcycle one red light, or one red reflex mirror, plainly visible from the rear.

      Sec. 3.  The above-entitled act is hereby amended by the addition of four new sections, to be numbered 17a, 17b, 17c, and 17d, and to read as follows:

      Section 17a.  Gross Weight of Vehicles and Loads.  No vehicle shall be operated or moved upon any public highway which has a total weight, including vehicle and load, in excess of twenty-five thousand pounds when such vehicle is equipped with four wheels running on the highway, or having a total weight, including the vehicle and load, of thirty thousand pounds when said vehicle is equipped with six wheels and with three axles, no two of which are less than ninety-six inches apart; and no vehicle or other object or contrivance for moving loads which has a total weight including any load thereon in excess of thirty thousand pounds shall be operated or moved upon any public highway unless upon stationary rails or tracks.

      Section 17b.  Gross Weight per Inch-width of Tire.  (a) No vehicle equipped with tires of any material other than metal shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred pounds upon any inch of the channel-base width of tire; and no vehicle equipped with tires, rollers or wheels, the rolling surface of which resting upon the highway is made in whole or in part of metal, shall be operated or moved upon any public highway when the weight of such vehicle, and any load thereon, resting upon the surface of the highway, exceeds six hundred pounds upon any inch of width of tire, roller or wheel of such vehicle.


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

ê1923 Statutes of Nevada, Page 275 (CHAPTER 157, AB 93)ê

 

the highway, exceeds six hundred pounds upon any inch of width of tire, roller or wheel of such vehicle.

      (b) The provisions of this section shall not apply to traction engines or tractors, the propulsive power of which is exerted not through wheels resting upon the ground but by means of a flexible band or chain known as a movable track, when the portions of the movable tracks in contact with the surface of the highway presents plane surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels or track designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway.

      Section 17c.  Officer May Require Removal of Excess Load.  Any peace officer may require the driver of any vehicle driven upon the public highway in violation of the provisions of sections seventeen (a) or seventeen (b) of this act to immediately unload such portion of the load thereon as may be necessary to decrease the gross weight of any such vehicle and load to the maximum weight therefor specified in this act.

      Section 17d.  Any person, company, association or corporation who moves any vehicle, object or contrivance over a public highway in violation of sections seventeen (a) or seventeen (b) of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars.

 

 

Exceptions as to tractors

 

 

 

Proviso

 

 

 

 

 

Excess load removed

 

 

 

 

 

Penalty for violation

 

________

 

CHAPTER 158, AB 137

[Assembly Bill No. 137–Mr. Swanson]

 

Chap. 158–An Act to amend 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 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 84 (being section 5026, Revised Laws of Nevada, 1912) of the above-entitled act is hereby amended to read as follows:

      Section 84.  When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court or judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of the summons.

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Service of process outside of Nevada


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

ê1923 Statutes of Nevada, Page 276 (CHAPTER 158, AB 137)ê

 

When by publication

 

 

Further particulars regarding service

against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of the summons.

      Provided, that when said affidavit is based on the fact that the party on whom service is to be made resides out of the state, it shall be a sufficient showing of such fact if the affiant shall state generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to affiant when such party so resided there); that such place is the last place in which such party resided to the knowledge of affiant; that such party no longer resides at such place; that affiant does not know the present place of residence of such party or where such party can be found; and that affiant does not know and has never been informed and has no reason to believe that such party now resides in this state; and, in such case, it shall be presumed that such party still resides and remains out of the state, and it shall not be necessary to use due or any diligence to find such party in this state, or to show by affidavit that due or any diligence was so used.

 

________

 

CHAPTER 159, AB 139

 

 

 

 

 

 

 

 

 

 

District judges’ salaries in Washoe County increased to $5,000

[Assembly Bill No. 139–Washoe County Delegation]

 

Chap. 159–An Act fixing the salaries of the district judges of the Second judicial district of the State of Nevada, in and for Washoe County.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The salary of each judge hereafter elected, or appointed to fill vacancies whenever such vacancies shall occur, in the Second judicial district of the State of Nevada, in and for Washoe County, shall be five thousand ($5,000) dollars per annum.

 

________

 

CHAPTER 160, AB 151

 

 

 

 

 

 

 

 

 

 

Washoe County deputy sheriff

[Assembly Bill No. 151–Washoe County Delegation]

 

Chap. 160–An Act relating to the compensation of certain county officers in Washoe County, State of Nevada, and to repeal all acts in conflict herewith.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act the sheriff of Washoe County is hereby authorized and empowered to appoint one under-sheriff and one deputy sheriff and two jailers, each of whom shall receive the sum of one hundred and fifty dollars ($150) per month.


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

ê1923 Statutes of Nevada, Page 277 (CHAPTER 160, AB 151)ê

 

two jailers, each of whom shall receive the sum of one hundred and fifty dollars ($150) per month.

      Sec. 2.  The county recorder and ex officio auditor of Washoe County is hereby authorized and empowered to appoint one chief deputy who shall receive the sum of one hundred and fifty dollars ($150) per month; also two copyists who shall each receive the sum of one hundred and twenty-five ($125) per month.

      Sec. 3.  The county treasurer and ex officio tax receiver of Washoe County is hereby authorized and empowered to appoint one deputy who shall receive the sum of one hundred and fifty dollars ($150) per month; also one clerk who shall receive the sum of one hundred and twenty-five dollars ($125) per month.

      Sec. 4.  The sheriff, county recorder, county treasurer, county clerk or assessor may, in cases of emergency and when the board of county commissioners deem it necessary, appoint additional deputies, assistants or clerks, such deputies, assistants or clerks to serve only so long as said emergency exists, and to be paid a salary not to exceed that of other deputies, assistants or clerks in the same offices.

      The sheriff may, when the board of county commissioners deem it necessary, appoint a woman deputy at a rate of salary not to exceed $125 per month.

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

 

 

Deputy recorder; copyists

 

 

Deputy treasurer; clerk

 

 

 

Additional deputies for various officers, when

 

 

 

Woman deputy sheriff

 

Conflicting acts repealed

 

________

 

CHAPTER 161, AB 153

[Assembly Bill No. 153–Mr. Kennedy]

 

Chap. 161–An Act to amend section 286 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 5228, Revised Laws of Nevada, Vol. 2.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 286 of the above-entitled act is hereby amended so as to read as follows:

      Section 286.  Findings of fact may be waived by the several parties to an issue of fact:

      1.  By failing to appear at the trial.

      2.  By consent in writing, filed with the clerk.

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

      In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties who have appeared in the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration of such five days.

 

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Findings of fact may be waived

 

 

 

Copy of findings, when served


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

ê1923 Statutes of Nevada, Page 278 (CHAPTER 161, AB 153)ê

 

 

the court shall not sign any findings therein prior to the expiration of such five days.

 

________

 

CHAPTER 162, AB 172

 

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Testimony taken out of state, requirements regarding

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatories, form of, how settled

 

 

 

 

 

Interrogatories attached to commission

[Assembly Bill No. 172–Mr. Houlahan]

 

Chap. 162–An Act to amend sections 517 and 518 of an act entitled “An act to regulate civil proceedings in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being sections 5459 and 5460, Revised Laws of Nevada.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 517 of the above-entitled act is hereby amended to read as follows:

      Section 517.  The deposition of a witness out of this state may be taken upon a commission issued by the court under the seal of the court, upon an order of the court, or of a judge or a justice thereof, on the application of either party, upon five days previous notice to the other. If the court is a justice’s court, the commission must have attached to it a certificate of the clerk of the district court of the county in which such justice’s court is held, under the seal of such district court, to the effect that the person issuing the same was an acting justice of the peace at the date of the commission. If issued to any place within the United States it may be directed to a person agreed upon by the parties, or, if they do not agree, to any notary public, judge or justice of the peace or commissioner selected by the court or judge or justice issuing it. If issued to any country out of the United States, it may be directed to a minister, ambassador, consul, vice-consul, or consular agent of the United States in such country, or to any person agreed upon by the parties.

      Sec. 2.  Section 518 of the above-entitled act is hereby amended to read as follows:

      Section 518.  The party moving for the commission must, unless it is waived by the other party, attach to the notice of the motion the interrogatories upon which he desires it to be taken. On the hearing of the motion, the other party may propose such cross-interrogatories as he may desire. If the parties do not agree as to the form of the interrogatories, the court must settle their form, but such agreement or settlement does not preclude either party, when the deposition is offered in evidence, from interposing any objection to any interrogatory except as to the form thereof.

      The settlement of interrogatories may be had at the time of the hearing of the motion, or at any other time which the court may appoint; but the moving party must, if he resist it, be allowed two days within which to propose such redirect interrogatories as the cross-interrogatories proposed render proper.


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

ê1923 Statutes of Nevada, Page 279 (CHAPTER 162, AB 172)ê

 

it, be allowed two days within which to propose such redirect interrogatories as the cross-interrogatories proposed render proper. When agreed upon or settled, the interrogatories must be annexed to the commission; or, when the parties agree to that mode, or the court, on the application of either party, after hearing had upon two days notice to the opposite party, so directs, the commission must be without written interrogatories.

Interrogatories attached to commission

 

________

 

CHAPTER 163, AB 187

[Assembly Bill No. 187–Mr. Whiteley]

 

Chap. 163–An Act to amend section 69 of an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, being section 835, Revised Laws of Nevada, 1912.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 69 of the above-entitled act is hereby amended to read as follows:

      Section 69.  The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, search-warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction, and may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace. The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and moneys received on behalf of the city since his last report.

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending city incorporation act

Municipal courts treated as justice courts

 

 

 

 

Police judge to report monthly to city council

 

________

 

 


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

ê1923 Statutes of Nevada, Page 280ê

CHAPTER 164, AB 199

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending practice of medicine act

State board of medical examiners appointed by governor

 

 

 

Terms of office

 

 

 

 

Vacancy, how filled

[Assembly Bill No. 199–Mr. Martin]

 

Chap. 164–An Act to amend section 2 of an act entitled “An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts or parts of acts in conflict therewith,” approved March 4, 1905, being section 2359 of Revised Laws of Nevada, 1912.

 

[Approved March 20, 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, being section 2359 of Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 2.  It shall be the duty of the governor of the State of Nevada to appoint a state board consisting of five members, which shall be known as the board of medical examiners of the State of Nevada, and shall be reputable practicing physicians, duly licensed as such by some legally chartered medical institution in the United States, and who shall have been actually engaged in the practice of medicine in the State of Nevada.

      This board shall be selected without regard to their individual political beliefs, and they shall hold office for the time for which they were appointed, viz, two for four years, one for three years, one for two years, and one for one year from the date of their appointment, and shall serve until their successors are appointed and qualified. Hereafter one member shall be appointed annually for the term of four years.

      In the event of a vacancy occurring in said board, or absence from the state for a period of six months without permission, the governor shall appoint a person duly qualified under this act to fill the unexpired term.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 281ê

CHAPTER 165, AB 212

[Assembly Bill No. 212–Mr. Henderson]

 

Chap. 165–An Act making it unlawful to loiter in any public place while under the influence of liquor, and providing penalties therefor.

 

[Approved March 20, 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 to loiter in any public place, or on any public sidewalk, street, road or highway, while under the influence of liquor.

      Sec. 2.  Any person violating the provisions of section 1 of this act shall, upon conviction for a first offense, be punished by a fine of not less than five dollars nor more than twenty-five dollars, and upon conviction of a second offense, committed within sixty days of the commission of the first offense, shall be punished by imprisonment in the county jail for not less than five days nor more than twenty-five days.

 

 

 

 

 

 

 

 

 

 

Drunken loiterers to be suppressed

Penalties for first and second offenses

 

________

 

CHAPTER 166, AB 229

[Assembly Bill No. 229–Mr. Whiteley]

 

Chap. 166–An Act to provide for distinctive and appropriate marking of the Nevada heroes memorial building and making an appropriation therefor, and matters properly relating thereto.

 

[Approved March 20, 1923]

 

      Whereas, Many Nevada men died in the service of their country during the world war; and

      Whereas, The memory of their deeds and sacrifices should be fittingly preserved forever in outward and permanent form, as well as in the hearts of the people, as an inspiration to the present and future generations; and

      Whereas, The legislature of 1919 provided for the erection in Carson City of the Nevada heroes memorial building, to be a memorial of the deeds of the men who gave their lives in the military service of their country; and

      Whereas, Though the said heroes memorial building has been erected, yet there is no distinctive marking or monument without or within to indicate to the people the purpose or the nature of said building, which lack of marking or monument lessens to a large degree the civic and patriotic value of the said building; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, the adjutant-general, and the state controller are hereby constituted a board to arrange for distinctive and appropriate marking of the Nevada heroes memorial building by placing on the front of said building, cut in stone across the top thereof, the following inscription: “Nevada Heroes Memorial Building.”

 

 

 

 

 

 

 

 

 

 

Providing appropriate inscription for Nevada heroes memorial building

 

 

 

 

 

 

 

 

 

 

Nevada

Heroes

Memorial

Building


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

ê1923 Statutes of Nevada, Page 282 (CHAPTER 166, AB 229)ê

 

 

 

Appropriation, $300

building, cut in stone across the top thereof, the following inscription: “Nevada Heroes Memorial Building

      Sec. 2.  To carry out the provisions of this act, there is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, the sum of three hundred dollars, or as much thereof as may be necessary.

 

________

 

CHAPTER 167, AB 230

 

 

 

 

 

 

 

 

 

 

 

 

Supersedes previous act; see page 133

Fees of county clerk of Ormsby County

[Assembly Bill No. 230–Mr. Meyers]

 

Chap. 167–An Act to amend section 1 of an act entitled “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.

 

[Approved March 20, 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 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:

      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;


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

ê1923 Statutes of Nevada, Page 283 (CHAPTER 167, AB 230)ê

 

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, fifty cents.

      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.

Fees of county clerk of Ormsby County


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

ê1923 Statutes of Nevada, Page 284 (CHAPTER 167, AB 230)ê

 

Fees of county clerk of Ormsby County

 

 

 

 

 

 

 

 

 

Conflicting acts repealed

      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.

 

________

 

CHAPTER 168, AB 233

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for addition to Humboldt County high-school building; $15,000

 

 

 

County commissioners to issue bonds

 

 

 

 

County clerk to keep record

[Assembly Bill No. 233–Mr. Stites]

 

Chap. 168–An Act to authorize, empower and direct the board of county commissioners of the county of Humboldt to issue bonds for the erection of an addition to the county high school, equipment thereof, and the installation of a heating-plant for such county high school.

 

[Approved March 20, 1923]

 

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 Humboldt, State of Nevada, is hereby authorized, empowered and directed to prepare and issue, in accordance with the provisions of this act, bonds of the said county of Humboldt for an amount not to exceed the sum of fifteen thousand ($15,000) dollars, exclusive of interest, for the purpose of creating a fund to be used for the erection of an addition to the county high school, equipment thereof, and the installation of a heating-plant for such county high school.

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

      Sec. 3.  The county 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; provided, that said bonds shall be so issued in such amounts, from time to time, as the said board shall deem necessary and advisable for the purposes aforesaid.


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

ê1923 Statutes of Nevada, Page 285 (CHAPTER 168, AB 233)ê

 

that said bonds shall be so issued in such amounts, from time to time, as the said board shall deem necessary and advisable for the purposes aforesaid.

      Sec. 4.  Said bonds shall be in such form and denominations as said board by resolution may direct and shall run for a period of from one year to not to exceed fifteen years from the date of issuance of said bonds or such part or portion thereof as said board 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 county treasurer of the county of Humboldt.

      Sec. 5.  The said board 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 county 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 board may by resolution 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 treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund known as the “County High-School Addition 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 county 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 board 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 county of Humboldt 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 county taxes are assessed and collected, and the proceeds thereof shall be kept by the said county treasurer in a special fund to be known as the “County High-School Addition 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 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 county of Humboldt.

 

 

Specifications of said bonds

 

 

 

 

 

Negotiation of sale of bonds; publication in newspaper

 

 

 

 

 

 

 

 

“County High-School Addition Fund”

 

 

 

 

Special county tax


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

ê1923 Statutes of Nevada, Page 286 (CHAPTER 168, AB 233)ê

 

 

 

 

Residue reverts to county general fund

 

County treasurer to cancel paid bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

kept by the said county treasurer in a special fund to be known as the “County High-School Addition 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 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 county of Humboldt.

      Sec. 8.  Whenever the county treasurer of the said county of Humboldt 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, sign his name thereto and turn the same over to the county clerk, taking his receipt therefor, which receipt shall be filed by the county treasurer.

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

 

________

 

CHAPTER 169, AB 234

 

 

 

 

 

 

 

 

 

 

 

 

Amending previous act; see p. 35

Membership of Colorado River development commission increased to 6

[Assembly Bill No. 234–Mr. Henderson]

 

Chap. 169–An Act amending an act entitled “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.

 

[Approved March 20, 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.  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 five 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.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 287ê

CHAPTER 170, Assembly Substitute for Senate Bill No. 11

[Assembly Substitute for Senate Bill No. 11–Committee on Judiciary]

 

Chap. 170–An Act relating to desertion and nonsupport of wife by husband, or of children by either father or mother, and providing punishment therefor; and to promote uniformity between the states in reference thereto.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any husband who shall, without just cause, desert or wilfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who shall, without lawful excuse, desert or wilfully neglect or refuse to provide for the support and maintenance of his or her child or children under the age of sixteen years in destitute or necessitous circumstances, shall be guilty of a crime, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment.

      Sec. 2.  Proceedings under this act may be instituted upon complaint made under oath or affirmation by the wife or child or children, or by any other person, against any person guilty of either of the above-named offenses.

      Sec. 3.  At any time before the trial, upon petition of the complainant and upon notice to the defendant, the court, or a judge thereof in vacation, may enter such temporary order as may seem just, providing for support of the deserted wife or children, or both, pendente lite, and may punish for such violation of such order as for contempt.

      Sec. 4.  Before the trial, with the consent of the defendant, or at the trial, on entry of a plea of guilty, or after conviction, instead of imposing the penalty hereinbefore provided, or in addition thereto, the court, in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power to make an order, which shall be subject to change by the court from time to time, as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding two years, to the wife or the guardian, curator or custodian of the said minor child or children, or to an organization or individual approved by the court as trustee; and shall also have the power to release the defendant from custody on probation for the period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court or a judge thereof in vacation may order and approve. The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so, and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void, otherwise in full force and effect.

 

 

 

 

 

 

 

 

 

 

 

Nonsupport of wife by husband; of children by either father or mother

 

 

 

 

 

Proceedings, how instituted

 

Temporary order of court

 

 

 

Discretionary powers of court

 

 

 

 

 

 

 

Recognizance of defendant


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

ê1923 Statutes of Nevada, Page 288 (CHAPTER 170, Assembly Substitute for Senate Bill No. 11)ê

 

 

 

 

When trial proceeded with

 

 

Evidence same as in civil action

 

 

 

 

 

Proviso

 

 

 

 

Law uniform with other states

Certain section and specified act repealed

to do so, and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void, otherwise in full force and effect.

      Sec. 5.  If the court be satisfied by information and due proof, under oath, that at any time during said period of two years the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her under the original conviction.

      Sec. 6.  No other or greater evidence shall be required to prove the marriage of said husband and wife, or that the defendant is the father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In no prosecution under this act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife shall be competent witnesses to testify against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children; provided, that neither shall be compelled to give evidence incriminating himself or herself. Proof of the desertion of such wife, child, or children, in destitute or necessitous circumstances, or of neglect or refusal to provide for the support and maintenance of such wife, child, or children, shall be prima facie evidence that such desertion, neglect or refusal is wilful.

      Sec. 7.  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. 8.  Section 216 of an act entitled “An act concerning crimes and punishments, and repealing certain sections relating thereto,” approved March 17, 1911, as amended February 21, 1919, and an act entitled “An act making it a misdemeanor to abandon or wilfully neglect to provide for the support and maintenance by any person, of his wife, or of his or her minor children, in destitute or necessitous circumstances,” approved March 26, 1913, and all other acts and parts of acts in conflict herewith, are hereby repealed.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 289ê

CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97

[Substitute for Senate Bills Nos. 24, 73, 95, and 97–Committee on Agriculture, Irrigation and Reclamation of Arid Lands]

 

Chap. 171–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands, and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, and all acts and parts of acts amendatory thereof and supplementary thereto.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of said act is hereby amended so as to read as follows:

      Section 6.  Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling-places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and shall at least four weeks before any election appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable and shall be at their places of registration to receive applications for registration from 9 o’clock a. m. until 9 o’clock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: “I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending irrigation district act

Notice of election to be posted

 

 

Officers of election

 

 

 

 

 

 

 

 

 

 

Registration


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

ê1923 Statutes of Nevada, Page 290 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

 

 

 

 

 

 

Oath of electors

 

 

 

 

 

 

 

 

 

 

Officers of irrigation district

 

 

 

 

 

 

Office of board of directors; regular and special meetings

the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the...............................................irrigation district, and such holding is for all purposes and not simply for this election or matters connected therewith.” The president or vice-president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice-president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: “I am over the age of twenty-one years, and the (president or vice-president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to at least five acres of land, as defined in the irrigation act, within the boundaries of the .................................. irrigation district.” No election for any purpose except for organization shall be held in any irrigation district without such registration, and only electors duly registered shall be entitled to vote thereat. Registration of voters for any regular or special election shall close on the Wednesday preceding such election.

      Sec. 2.  Section 9 of said act is hereby amended to read as follows:

      Section 9.  The officers of such district shall consist of three, five, or seven directors as aforesaid, a president and a vice-president elected from their number, a secretary and treasurer. The board may also appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed it cannot again be changed for twelve months and it can only be changed by resolution passed at least two months prior to the time such change shall take effect and upon publication in a newspaper of general circulation in the district for at least two weeks prior to such change; provided, that should the regular meeting day fall upon a nonjudicial day such meeting shall be held on the first judicial day thereafter.


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

ê1923 Statutes of Nevada, Page 291 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

at least two weeks prior to such change; provided, that should the regular meeting day fall upon a nonjudicial day such meeting shall be held on the first judicial day thereafter. The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business; provided, that all special meetings must be called by the president or a majority of the board. The order calling such special meeting shall be entered on the record, and the secretary shall give each member not joining in the order three days notice of such special meeting. The order must specify the business to be transacted at such special meeting; and none other than that specified shall be transacted. Whenever all members of the board are present at a meeting the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board shall be public and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in May next following their election, the board of directors shall meet and organize and elect a president and vice-president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs, by the remaining members of the board. A director appointed to fill a vacancy, as above provided, shall hold his office for the unexpired term of his predecessor in office, and until his successor is elected and qualified.

      Sec. 3.  Section 10 of said act is hereby amended so as to read as follows:

      Section 10.  The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions or other representatives in the interest of the district as may be required and prescribe their duties and remuneration, and to establish by-laws, rules and regulations for the distribution and use of water in the district. Said by-laws, rules and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying with the provisions of the aforesaid act of Congress of August 11, 1916, the board shall have power to make such investigation and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.

 

 

 

 

 

 

 

 

What deemed legal meeting

Meetings public; quorum

 

 

 

 

Bonds of officers

Vacancies

 

 

 

 

 

General powers of board of directors


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

ê1923 Statutes of Nevada, Page 292 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

General powers of board of directors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

What works of irrigation district include

make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase, condemnation or other legal means, all lands, rights, and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, either within or without the State of Nevada, and shall also have the right to acquire or contract for the delivery of electric power and electric-power or -transmission lines. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment at not less than ninety (90%) per cent of their par value and accrued interest. The board may appropriate water in accordance with the law, and also construct the necessary dams, reservoirs, and works for the collection, storage, conservation and distribution of water for said district and for the drainage of the lands thereof, and do any and every lawful act necessary to be done in order to accomplish the things and purposes herein described. The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts heretofore or hereafter organized, together with the rights of way for canals and ditches, sites for reservoirs, electric-power and -transmission lines, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use.

      Sec. 4.  There is hereby added to the above-entitled act a new section to be numbered 10a, and to read as follows:

      Section 10a.  The works of an irrigation district shall be held to include any drain or watercourse, any side, lateral, spur or branch ditch or drain, whether opened, covered or tiled, or any natural watercourse into which drains or ditches of the district may enter for the purpose of outlet, whether such watercourse is situated in or outside of the district. And to secure complete drainage of the lands within any irrigation district the board of directors is hereby vested with full power to widen, straighten or deepen any watercourse or remove any obstruction or rubbish therefrom, whether such watercourse is situated in, outside of or below the district; and when it is necessary, straighten such natural watercourse by cutting a new channel upon other lands; the value of such lands to be occupied by such new channel, and damages, if any, made by such work may be ascertained or paid in the manner that is now or may hereafter be provided by any law providing for the exercise of the right of eminent domain in this state.


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

ê1923 Statutes of Nevada, Page 293 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

The expenses of the work provided for in this section shall be paid from moneys arising from assessments upon lands within the district or in any lawful manner acquired.

      Sec. 5.  There is hereby added to the above-entitled act a new section to be numbered 10b, and to read as follows:

      Section 10b.  Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam, or other work, structure, or improvement constructed or acquired under the provisions of this act, or shall wrongfully and maliciously interfere with any officer, agent or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor and shall be fined in any sum not exceeding five hundred dollars ($500) or imprisoned not to exceed ninety (90) days in the county jail, or by both such fine and imprisonment; provided further, that the irrigation district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorney’s fees and costs of court.

      Sec. 6.  Section 25 of said act is hereby amended so as to read as follows:

      Section 25.  The secretary of the board of directors shall be the assessor of the district and on or before July fifteenth of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof during said year, giving the number of acres listed to each person. If the name of the person owning, claiming, possessing or controlling any tract of said land is not known, it shall be listed to “unknown owner.”

      Sec. 7.  Section 26 of the said act is hereby amended so as to read as follows:

      Section 26.  The board shall meet at its regular monthly meeting in August of each year to correct assessments and may at such meeting levy assessments in accordance with the benefits apportioned as herein provided for to pay obligations incurred or make up deficiencies arising from any source, and also to apportion and distribute benefits and assessments by reason of additional land in the district becoming subject thereto, and the secretary shall publish notice of such meeting for two weeks in a newspaper published in the county in which the district was organized. In the meantime the assessment book or books shall remain in the office of the secretary for the inspection of all parties interested. The board of directors, which is hereby constituted a board of correction for the purpose, shall meet and continue from day to day as long as may be necessary, not to exceed five days, exclusive of holidays, and may make such changes in said assessment book or books as may be necessary to have it conform to the facts.

 

 

 

New section added

 

Penalty for injuring any irrigation works, etc.

 

 

 

 

 

 

Civil action may ensue

 

 

 

Secretary to be assessor for his district; his duties as such

 

 

 

 

 

Board to correct assessments

 

 

 

Notice of meeting published in newspaper


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

ê1923 Statutes of Nevada, Page 294 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

Corrected assessment book

 

 

Assessment for interest on bonds may be increased, when

 

 

 

 

 

 

 

 

New section added

 

Election to decide question of acquiring electric lines

 

 

 

 

 

 

 

Form of ballot

such changes in said assessment book or books as may be necessary to have it conform to the facts. Within ten days after the close of said session the secretary of the board shall have the corrected assessment book or books completed.

      Sec. 8.  Section 27 of the said act is hereby amended so as to read as follows:

      Section 27.  At its regular meeting in September the board of directors shall levy an assessment upon the lands in said district in accordance with the provisions of this act, which assessment shall be sufficient to raise the annual interest on the outstanding bonds. At the expiration of ten years after a bond issue or such other period as may be authorized, the board must increase said assessment as may be necessary from year to year to raise a sum sufficient to pay the principal of the outstanding bonds of that issue as they mature. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein assessments made for any of the other purposes of this act shall be made and levied as above provided and entered in appropriate columns of the assessment book or books.

      Sec. 9.  There is hereby added to the above-entitled act a new section to be numbered 35 1/2, and to read as follows:

      Section 35 1/2.  Any proposal to enter into a contract for the acquisition of electric-power and -transmission lines, or to lease the same, or to construct the same, shall be voted upon at an election wherein proceedings shall be had in so far as applicable in the manner provided in the case of the ordinary issuance of district bonds. Notice of the election herein provided for shall contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the same, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction. The ballots of such election shall contain a brief statement of the general purpose for which the election is to be held and the maximum amount of the obligation to be assumed as aforesaid, with the words “............................................. (Question)-Yes,” and “............................................. (Question)-No,” or “.......................................... (Question) and Bonds-Yes,” and “.......................................... (Question) and Bonds-No.” The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county wherein is located the office of said board, to determine the validity thereof and the authority of the board to enter into such contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of said bonds; whereupon the same proceedings shall be had as in the ordinary case of the judicial determination of the validity of bonds, and with like effect.


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

ê1923 Statutes of Nevada, Page 295 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

ordinary case of the judicial determination of the validity of bonds, and with like effect.

      Sec. 10.  Section 36 of the above-entitled act is hereby amended so as to read as follows:

      Section 36.  The holder or holders of any title or evidence of title, as defined in section 1 hereof, representing one-half or more of any body of lands adjacent to or in the vicinity of an irrigation district or which are susceptible of irrigation, or drainage, as the case may be, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, setting forth that said lands are susceptible of irrigation, or drainage, as the case may be, by the district system or systems, and praying that said land may be annexed. The petition shall describe the land and also describe the several parcels owned by petitioners.

      Sec. 11.  Section 39 of the above-entitled act is hereby amended so as to read as follows:

      Section 39.  The board of directors may require as a condition to the granting of said petition that the petitioners shall pay to the district such sums as nearly as the same can be estimated as said petitioners or their grantors would theretofore have been required to pay had such lands been included in such district at the time the same was originally organized, and may apportion such benefits as are just and equitable to such lands in accordance with the benefits derived or which will accrue to each tract or subdivision thereof from the construction or proposed construction of a drainage or other works, or the purchase or proposed purchase of any works for the district, and the board of directors shall examine each tract or legal subdivision of such annexed lands or proposed annexed lands and shall determine the benefits which will accrue or which have accrued, and such lands shall be apportioned their pro rata of the cost of such works in proportion to the benefits derived by said lands therefrom. The board shall make or cause to be made a list of such apportionment or distribution, which list shall contain a complete description of each subdivision or tract of land so annexed or proposed to be annexed with the rate per acre of such apportionment or distribution and the name of the owner thereof, or it may prepare a map on a convenient scale showing each of said subdivisions or tracts with the rate per acre of such apportionment entered thereon; provided, that where all or any portion of the lands are apportioned benefits of said board at the same rate, a general statement to that effect shall be sufficient. And whenever thereafter an assessment is made, either in lieu of bonds or an annual assessment for raising the interest on bonds, or any portion of the principal, or the expenses of maintaining the property of the district, or any special assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits; provided, always, that the benefits arising from the undertakings for which special assessments are made may be distributed equally over the lands, or especially apportioned, and that assessments or tolls and charges may be made or imposed as hereinafter provided, when coming within the designation of operation and maintenance charges, by way of a minimum stated charge per acre whether water is used or not, and a charge for water used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt.

 

 

 

 

How certain lands may be annexed

 

 

 

 

 

 

 

 

New lands to share previous expense

 

 

 

 

 

 

 

 

 

Board to make list of apportionment of expense

 

 

 

Provisos


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

ê1923 Statutes of Nevada, Page 296 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition rejected, when

 

Accepted, when

 

 

 

 

 

 

Objections to annexation, how treated

 

 

 

 

 

New section added

 

New lands; sections 18, 19, 20 apply thereto

 

 

 

 

Certain lands may be excluded, how

assessment voted by the electors, it shall be spread upon the lands in the same proportion as the assessments of benefits; provided, always, that the benefits arising from the undertakings for which special assessments are made may be distributed equally over the lands, or especially apportioned, and that assessments or tolls and charges may be made or imposed as hereinafter provided, when coming within the designation of operation and maintenance charges, by way of a minimum stated charge per acre whether water is used or not, and a charge for water used in excess of the amount delivered for the minimum charge, or such other reasonable method of fixing or collecting the operation and maintenance charge as the board of directors may adopt.

      Sec. 12.  Section 40 of the above-entitled act is hereby amended so as to read as follows:

      Section 40.  The board of directors, if they deem it not for the best interests of the district to include therein the lands mentioned in the petition, shall reject all or any part of the same. But if the board deem it for the best interests of the district, and if no objections to the annexation of said lands have been filed as hereinafter required, the board may order, without any election, that the lands mentioned in said petition or any part thereof be annexed to the district. The order shall describe the lands so annexed, and the board shall cause a survey thereof to be made if deemed necessary.

      Sec. 13.  Section 41 of the above-entitled act is hereby amended so as to read as follows:

      Section 41.  If forty per cent of the total number of registered electors as evidenced by the total registration at the last preceding election shall file objections in writing to the annexation of the lands, or any part thereof, mentioned in said petition, and if the board notwithstanding deem it for the best interests of the district to include the lands mentioned in said objection, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the lands proposed to be included in the district.

      Sec. 14.  There is hereby added to the above-entitled act a new section to be numbered 43 1/2, and to read as follows:

      Section 43 1/2.  If the lands are annexed to the district as herein provided, and the board of directors apportions benefits to such annexed lands as herein provided, the provisions of sections 18, 19, and 20 of the Nevada irrigation district act shall, in so far as applicable, be complied with.

      Sec. 15.  Section 44 of the above-entitled act is hereby amended to read as follows:

      Section 44.  The board of directors of any district now or hereafter formed under the provisions of this act, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by the district or by any improvement it might make; provided, that if improvements have been commenced or authorized or if there are bonds or other contracts or certificates of indebtedness outstanding no land upon which benefits have been apportioned shall be excluded, and no liens established shall be released.


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

ê1923 Statutes of Nevada, Page 297 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by the district or by any improvement it might make; provided, that if improvements have been commenced or authorized or if there are bonds or other contracts or certificates of indebtedness outstanding no land upon which benefits have been apportioned shall be excluded, and no liens established shall be released. Within ten days after the receipt of any such application or after the passage by the board of a resolution proposing the withdrawal of such lands, the directors of the district shall give notice of such proposed change or exclusion by publication, at least once a week for three consecutive weeks in a newspaper of general circulation published in the county, and by posting in five public places in the district, and where the owners of the land sought to be excluded can be found within the district, by serving them with written notice at least ten days before the meeting to consider such exclusion or change. Not less than ten days after the completion of such publication, posting or personal service of notice, the board shall consider the matter and shall grant or reject the petition in whole or in part. In the event lands are excluded, or the boundary lines changed pursuant to this section, a copy of the order certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state. Any holder of title or of evidence of title to land in the district who is aggrieved at the order of the board of directors in excluding or refusing to exclude lands as provided in this act may, within thirty days from the date upon which said board makes the order excluding or refusing to exclude lands from the district as provided herein, petition the district court of the county in which the office of the board of directors is situated to set aside such order and directing that such lands be excluded or be not excluded, as the court may order. The provisions of sections 19 and 20 of this act, in so far as applicable, shall be followed in such proceedings.

      Sec. 16.  There is hereby added to the above-entitled act a new section to be numbered 45 1/2, and to read as follows:

      Section 45 1/2.  Whenever any tolls or charges for the use of water have been fixed by the board of directors it shall be lawful to make the same payable in advance, and in case such tolls or charges remain unpaid at the time herein specified for levying the annual assessment, the amount due for such tolls and charges may be added to and become a part of the assessment levied upon the land upon which the water for which such toll or charges levied and remain unpaid were used.

 

 

 

Exception

 

 

 

 

Notice of exclusion published

 

 

 

 

 

 

 

Copy of final order recorded

 

Aggrieved holder may institute court action

 

 

 

 

 

 

 

New section added

 

Tolls and charges paid in advance


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

ê1923 Statutes of Nevada, Page 298 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

 

 

 

 

 

 

 

 

Division may provide for local works

 

 

 

Procedure

 

 

 

 

 

 

 

 

 

 

 

Local directors

the water for which such toll or charges levied and remain unpaid were used. In the event any land within the district subject to assessment for the purposes of the district has not been assessed by the assessor or does not appear upon the district assessment roll adopted by the board of directors as the basis of assessment for the district, the lands so omitted shall be assessed by the board of directors to the person or persons known or unknown who own, control or have possession thereof, and a description of the property so omitted shall be written in the roll prescribed for the purpose of district assessments, and all proper charges be levied thereon.

      Sec. 17.  Section 49 of the above-entitled act is hereby amended so as to read as follows:

      Section 49.  Any one of the several divisions of a district may provide for the construction of local drains, laterals, electric-power and -transmission lines, or for the leasing and acquisition of electric-power and -transmission lines, or may contract for the delivery of electricity, or other improvements, or the replacement or extension of existing works or structures, the benefits of which are limited to such division, in the following manner: Upon presentation to the board of directors of the district of a petition, signed by a majority of the electors of such division representing at least one-half of the total acreage thereof, describing in a general way the local matters proposed to be undertaken, and the estimated cost of preliminary surveys and engineering data, and naming two electors of such division for local directors thereof, the board of directors of the district shall consider such petition at a regular meeting, and, if it finds that the law has been complied with, shall approve the same and appoint the electors named in the petition as members of the local board. The directors of the district shall fill any vacancy in the office of the local director of a division by the appointment of a qualified elector from the division in which the vacancy occurs. One shall hold office until his successor is elected at the next biennial district election and qualifies, and the other until his successor is elected at the second biennial district election after his appointment and qualifies. The terms of such local directors shall be determined by lot, and their successors shall be elected for four-year terms at the biennial elections. The said two local directors, with the director of the district from the division, shall constitute the local board of such division, and such board may provide for the local undertakings above named; being hereby authorized for that purpose, in so far as applicable, to exercise the powers and perform the duties granted to or imposed upon the board of directors of the district in connection with its affairs. The board of directors of the district may incur an indebtedness not exceeding in the aggregate the sum of fifteen hundred ($1,500) dollars, and not exceeding the estimated cost of preliminary surveys and engineering data, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors of the district shall have the right and power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment of such expenses and the redemption of such warrants.


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

ê1923 Statutes of Nevada, Page 299 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

($1,500) dollars, and not exceeding the estimated cost of preliminary surveys and engineering data, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum, and the directors of the district shall have the right and power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment of such expenses and the redemption of such warrants. Such local board shall thereupon prepare plans and estimates of the local undertakings proposed to be accomplished by such division, stating therein whether the funds therefor are to be raised by a single special assessment not in excess of a stated amount per acre upon the lands benefited, or the said board is to be authorized to secure the necessary amounts by way of certificates of indebtedness or notes redeemable by annual assessments upon the lands benefited extending over a period of years; and if the latter method is to be used, a general statement of the purposes for which the money is to be raised may be substituted for more explicit plans and estimates. Benefits shall be apportioned upon the land within such division and assessments levied and collected for the payment of the interest and redemption of said certificates of indebtedness or notes in the manner prescribed in the case of district bonds. Such certificates of indebtedness or notes shall be signed by the officers of the district and, excepting in the matter of assessments for interest and redemption being limited to the division, shall be treated in the same manner as district bonds. Such plans and estimates or statement shall be filed with the secretary of the district, accompanied by a request of the local board that an election be called in the division to authorize the proposed special assessment or assessments, and the construction of the proposed works; thereupon the secretary of the board shall give notice of the purpose, time, and place of such election, naming the polling-place and inspectors and clerks of election suggested by the local board; such notice to be published and election to be held, as near as may be, as provided in this act for an election for special assessments in the district. If such election fail of the required two-thirds vote of the electors of the division, the term of office of the local directors shall thereupon terminate and the said local board shall be dissolved. If the special assessment or certificates or notes of indebtedness and construction of the proposed works be authorized at such election, the local board shall levy such assessments, or, as the case may be, shall proceed to the levying of annual assessments for the payment of interest and the redemption of certificates of indebtedness or notes, and a list of such assessments or the first annual assessment, if to be made that year, shall be delivered to the treasurer of the district and by him entered in the assessment book or books thereof, and such assessment or assessments, and the collection thereof, shall thereafter take the course of assessments of the district as in this act provided.

Debt limit, $1,500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Local election


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

ê1923 Statutes of Nevada, Page 300 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

Proceedings confirmed by district court

 

 

Per diem of local board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Construction of works

 

 

 

 

 

 

 

Directors to designate improvement district

by him entered in the assessment book or books thereof, and such assessment or assessments, and the collection thereof, shall thereafter take the course of assessments of the district as in this act provided. All the above-described proceedings relating to the local undertakings of a division, including apportionment of benefits for undertakings authorized by special election, may be confirmed in court as a part of the confirmation proceedings, or upon petition of the board of directors of the division. Each member of the local board of a division shall receive five dollars per day for each day in attending meetings of the board, or while engaged in official business under the order of the board. When the local undertakings above provided for are accomplished and paid for, a showing to that effect shall be made to the board of directors of the district, and upon the approval thereof by such board the terms of office of the local directors shall terminate, and any moneys of such division in the district treasury shall be appropriately credited to the lands of the division in connection with future assessments against such lands. In the event that such local improvements affect two or more divisions of a district, less than all, then all of the provisions of this section shall be applicable to the divisions affected; provided, that the local board, in case such improvements only affect two divisions, shall consist of the directors of the district from the divisions affected and one other to be appointed by the directors of the district from the divisions affected by such improvements; and, provided, that in the event such local improvements affect three or more divisions, then the powers herein provided to be exercised by a local board shall be exercised by the directors of the district.

      Sec. 18.  There is hereby added to the above-entitled act a new section to be numbered 49 1/2, and to read as follows:

      Section 49 1/2.  The board of directors may also provide for the construction of canals, ditches, laterals, dams, drains or other structures or improvements or the acquirement, replacement, consolidation or extension of the same, the benefits of which affect all or are limited to a portion of the district only, in the following manner: Upon the recommendation in writing by the district engineer, or upon a petition signed by a majority of the electors of the district owning land to be affected, or by electors representing at least one-half of the total acreage to be affected by such a proposed local improvement, defining the boundaries thereof, and requesting the board of directors to undertake the carrying out of the same, the board of directors, if it approves the same, may form and designate such area as an improvement district for the purposes desired, and shall establish and define the boundaries thereof; and the board of directors further shall have power to prepare plans and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for, and for this purpose may propose the issuance of bonds,


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

ê1923 Statutes of Nevada, Page 301 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

ment and to determine the manner in which the cost of such improvement shall be provided for, and for this purpose may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing not more than six per cent (6%) per annum interest, interest payable semiannually, and in such amounts and maturing at such time or times, not exceeding twenty (20) years, as the board of directors may prescribe; such securities, whether bonds, notes or certificates of indebtedness, when issued, to be executed by the officers of the district in the manner prescribed in this act for the execution of bonds; and the board of directors of the district after the plan has been approved by the irrigation district bond commission as herein provided and the bond issue or other indebtedness has been authorized at the special election as provided, shall proceed to apportion the benefits therefor in the manner prescribed in this act. The board shall call a special election in the manner prescribed in this act for the calling of special elections and shall fix one or more polling-places within the improvement district which is affected by such local improvement, at which special election there shall be submitted to the electors of the improvement district to be affected by such proposed improvement and upon which lands benefits are to be apportioned, the question substantially in the following form: Shall the improvement of Local Improvement District No.............. (briefly describing it) be authorized and the indebtedness therefor, estimated in the sum of ...................... dollars, be incurred and paid in the manner following? (briefly stating the method of payment, whether by bonds, notes or certificates of indebtedness and the time or times of payment, together with the rate of interest.) The election shall in all other respects, including the qualification to vote, be conducted in the manner prescribed in this act for the holding of elections within the district in so far as the same may be applicable. If two-thirds of the qualified electors voting at such special election vote in favor of such proposed local improvement and the incurring of the indebtedness therefor, the board of directors shall be authorized to carry out such proposed improvement, providing the proceedings are confirmed by the court as hereinafter prescribed. No special election shall be called for the purpose hereinbefore provided until after the proposed local improvement together with the estimated cost thereof accompanied by a report of the district engineer, together with the proposed method of financing the same, shall have been submitted by the board of directors of the district to the irrigation district bond commission and by such commission approved. If the proposed improvement be carried by a vote of two-thirds of the qualified electors voting as such election, the board of directors shall petition the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to such local improvement in the manner prescribed in this act for the confirmation of other proceedings by the district, and upon the hearing before said court upon said petition any person interested may be heard and at such hearing the court may correct any error in the matter of the apportionment of benefits or in any of the proceedings.

 

Bonds

 

 

 

 

 

 

Special election, when

 

 

 

 

 

 

 

 

Form of ballot

 

 

 

 

 

 

 

 

 

 

Proposed improvement to be approved by board before special election


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

ê1923 Statutes of Nevada, Page 302 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

 

 

Court action, when

 

 

Publication; in newspaper and by posting

 

 

 

 

 

 

Improvement district fund

 

 

Annual assessments for payment of debt

 

 

 

 

 

Certain payments may be made before bond issue

the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to such local improvement in the manner prescribed in this act for the confirmation of other proceedings by the district, and upon the hearing before said court upon said petition any person interested may be heard and at such hearing the court may correct any error in the matter of the apportionment of benefits or in any of the proceedings. Upon the filing of such petition in court the judge of said court shall fix a time and place for the hearing thereof, giving notice of at least two weeks of such hearing by publication in a newspaper of general circulation published in the county and also by posting three copies of such notice at conspicuous points or places in the improvement district. Upon confirmation by the district court of the proceedings in respect to such local improvement, including all assessments of benefits, and upon the approval of the irrigation district bond commission and the certification of the state controller as provided for in the act creating the irrigation district bond commission the board of directors are empowered and shall negotiate the sale of the securities so authorized in the manner prescribed in this act for the sale of district bonds, and the proceeds of the sale thereof shall be deposited in a special fund to be designated “Improvement District No............... Fund,” and thereupon shall proceed with the improvement. That said bonds shall be issued in the name of the improvement district and when issued shall be a lien upon the lands included therein. For the payment of interest and the redemption of said bonds, notes or certificates of indebtedness, the board of directors shall levy annual assessments for the amount of interest and the redemption of said bonds, notes, or certificates of indebtedness upon the lands affected by said local improvement according to the assessment of benefits and the same shall be delivered to the secretary of the district and by him entered in the assessment book or books thereof and such assessment or assessments and the collection thereof shall thereafter take the same course as assessments of the district as in this act provided. Prior to the issuance of bonds, notes, or certificates of indebtedness authorized for the purpose of such local improvement, any person, firm or corporation owning land upon which a benefit has been assessed for such improvement, may pay all or any portion of the benefit so assessed against said land, and upon said payment, such benefit so assessed shall be discharged to the extent of such payment, but no such payment may be made after the issuance of bonds, notes or certificates of indebtedness authorized to be issued in payment of such improvement except as provided by the district. All the provisions of this act where applicable shall apply to such improvement districts.


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ê1923 Statutes of Nevada, Page 303 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

      Sec. 19.  Section 54 of the above-entitled act is hereby amended so as to read as follows:

      Section 54.  In addition to the powers with which irrigation districts are or may be vested under the laws of the state, irrigation districts shall have the following powers: To cooperate and contract with the United States under the federal reclamation act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted authorizing or permitting such cooperation, and to cooperate and contract with the State of Nevada under any laws heretofore or hereafter enacted authorizing or permitting such cooperation, for purposes of construction of works, whether for irrigation or drainage, or both, or for the acquisition, purchase, extension, operation, or maintenance of constructed works, or for a water supply, electric-power and -transmission lines, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise.

      Sec. 20.  Section 68 of the above-entitled act is hereby amended so as to read as follows:

      Section 68.  Nothing in this act shall be so construed as to affect the validity of any district heretofore organized under the laws of this state, or its right in or to property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this act as far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien or charge for, or upon which it was or might become liable or chargeable had not this act been passed; nor shall it affect the validity of any bonds which have been issued but not sold; nor shall it affect any action which now may be pending. In such districts as have been heretofore organized, and in which directors of the various divisions thereof have been elected by the votes of the electors of the district at large, such elections are hereby confirmed. In the cases of any district or districts any portion of the proceedings for the organization of which were instituted under prior existing laws and completed under the provisions of this act, such district or districts shall be deemed to have been duly organized under this act, and the organization thereof is hereby confirmed. Any district organized under prior laws of this state may adopt and subject itself to all the provisions of this act by a unanimous resolution of its board of directors, and the organization of such district is hereby confirmed. The directors of any district heretofore organized and not divided into divisions may request the county commissioners to define and establish such divisions, and the commissioners shall forthwith define and establish divisions in such district as nearly equal in size as practicable and in number equal to the directors in said district.

 

 

Irrigation districts vested with additional powers

 

 

 

 

 

 

 

 

 

 

 

 

Districts previously organized not disturbed by this act


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

ê1923 Statutes of Nevada, Page 304 (CHAPTER 171, Substitute for Senate Bills Nos. 24, 73, 95, and 97)ê

 

 

 

 

Certain words to be contained in name of district

 

Certain words may be substituted

size as practicable and in number equal to the directors in said district.

      Sec. 21.  Section 71 of the above-entitled act is hereby amended so as to read as follows:

      Section 71.  The name of any district hereafter organized hereunder shall contain either the words “irrigation district,” “water conservation district,” “water conservancy district,” or “water improvement district.” Any district heretofore or hereafter organized and existing, the name of which shall include the words “irrigation district,” may change its said name by substituting for the word “irrigation” either the words “water conservation,” “water conservancy,” or “water improvement,” or may change the entire name or designation of the district by filing with the board of county commissioners, with which the original petition was filed for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name.

 

________

 

CHAPTER 172, SB 80

 

 

 

 

 

 

 

 

 

 

 

 

Public county hospital, how established

 

 

 

 

 

Question submitted to popular vote

[Senate Bill No. 80–Senator Cowles]

 

Chap. 172–An Act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training-school for nurses, and provide suitable means for the care of such hospitals and of disabled persons.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any county may establish a public hospital in the following manner: Whenever the board of county commissioners of any county shall be presented with a petition signed by twenty-five (25) per centum of the taxpayers of such county or group of counties asking that an annual tax may be levied for the establishing and maintenance of a public hospital, at a place in the county named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, such board of county commissioners shall submit the question to the qualified electors of the county at the next general election to be held in the county, first giving thirty (30) days notice thereof in one or more newspapers published in the county, if any be published therein, or posting written or printed notices in each precinct of the county, which notice shall include the text of the petition and state the amount of the tax to be levied upon the assessed property of the said county, which tax shall not exceed two (2) mills on the dollar, for a period of time not exceeding twenty (20) years and be for the issue of county bonds to provide funds for the purchase of a site, or sites, and the erection thereon of a public hospital and hospital buildings, and for the support of same; which said election shall be held at the usual places in such county for voting upon county officers, and shall be canvassed in the same manner as the vote for county officers is canvassed.


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ê1923 Statutes of Nevada, Page 305 (CHAPTER 172, SB 80)ê

 

lished in the county, if any be published therein, or posting written or printed notices in each precinct of the county, which notice shall include the text of the petition and state the amount of the tax to be levied upon the assessed property of the said county, which tax shall not exceed two (2) mills on the dollar, for a period of time not exceeding twenty (20) years and be for the issue of county bonds to provide funds for the purchase of a site, or sites, and the erection thereon of a public hospital and hospital buildings, and for the support of same; which said election shall be held at the usual places in such county for voting upon county officers, and shall be canvassed in the same manner as the vote for county officers is canvassed. The ballots to be used at any election at which such hospital question is submitted shall be printed with a statement substantially as follows: For a.............mill tax for a bond issue for a public

hospital, and for maintenance of same:

{

Yes..........

No...........

      If a majority of the votes cast at such election on the proposition so submitted shall be in favor of said tax for such bond issue, the board of county commissioners shall levy the tax so authorized, which shall be collected in the same manner as other taxes are collected, and credited to the “Hospital Fund,” and shall be paid out on the order of the hospital trustees for the purposes authorized by this act, and for no other purposes whatever.

      Sec. 2.  Should a majority of all the votes cast upon the question be in favor of establishing such county public hospital the board of county commissioners shall immediately proceed to appoint five (5) trustees chosen from the citizens at large, with reference to their fitness for such office, all residents of the county, not more than three (3) to be residents of the city, town or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following general election when five (5) hospital trustees shall be elected and hold their offices, three (3) for two (2) years and two (2) for four (4) years, and at subsequent general elections the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees in the same manner as other county officers are elected.

      Sec. 3.  The said trustees shall within ten (10) days after their appointment, or election, qualify by taking the oath of office, and organize as a board of hospital trustees by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary, but no bond shall be required of them. The county treasurer of the county in which such hospital is located shall be the treasurer of the board of trustees. The treasurer shall receive and pay out all the moneys under the control of the said board, as ordered by it, but shall receive no compensation from such board.

 

 

 

 

Bond issue

 

 

 

 

 

Form of ballot

 

 

 

 

 

Hospital fund

 

 

Five hospital trustees, how chosen

 

 

 

 

Terms of office

 

 

 

 

Organization of board of trustees


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ê1923 Statutes of Nevada, Page 306 (CHAPTER 172, SB 80)ê

 

No salary for trustees

 

 

 

 

 

 

By-laws, etc., for board of trustees

 

 

 

 

 

 

Moneys deposited in county treasury

 

Board to appoint all employees

 

 

Meetings of trustees

 

 

 

Annual report

 

 

 

Trustees shall not furnish supplies

 

Vacancies, how filled

the control of the said board, as ordered by it, but shall receive no compensation from such board. No trustee shall receive any compensation for his services performed, but he may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee, and an itemized statement of all such expenses, and money paid out, shall be made under oath by each of such trustees and filed with the secretary, and allowed only by an affirmative vote of all trustees present at a meeting of the board.

      Sec. 4.  The board of hospital trustees shall make and adopt such by-laws, rules and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this act, or the ordinances of the city or town wherein such hospital is located. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the hospital fund, and of the purchase of the site, or sites, the purchase or construction of any hospital building or buildings, and of the supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose; provided, that all moneys received for such hospital shall be deposited in the treasury of the county to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of said county upon properly authenticated vouchers of the hospital board. Said board of hospital trustees shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall in general carry out the spirit and intent of this act in establishing and maintaining a county public hospital. The board of hospital trustees shall hold meetings at least once each month, shall keep a complete record of all its transactions, and three (3) members of said board shall constitute a quorum for the transaction of business. One of said trustees shall visit and examine said hospital twice each month and the board shall during the first week in January in each year file with the board of county commissioners of said county a report of their proceedings with reference to such hospital and a statement of all receipts and expenditures during the year; and shall at such time certify the amount necessary to maintain and improve said hospital for the ensuing year. No trustee shall have a personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.

      Sec. 5.  Vacancies in the board of trustees occasioned by resignations, removals or otherwise shall be reported to the board of county commissioners and be filled in like manner as the original appointments; appointees to hold office until the next following general election, when such vacancy shall be filled by election in the usual manner.


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ê1923 Statutes of Nevada, Page 307 (CHAPTER 172, SB 80)ê

 

as the original appointments; appointees to hold office until the next following general election, when such vacancy shall be filled by election in the usual manner.

      Sec. 6.  Whenever any county in this state shall have provided for the appointment and election of hospital trustees, and has voted a tax for a term not exceeding twenty (20) years for hospital purposes, as authorized by law, the said county shall issue bonds in anticipation of the collection of such tax in such sums and amounts as the board of hospital trustees shall certify to the board of county commissioners of said county to be necessary for the purposes contemplated by such tax, but such bonds in the aggregate shall not exceed the amount which might be realized by said tax based on the amount which may be yielded on the property valuation of the year in which the tax is voted, and such bonds shall mature in twenty (20) years from date and shall be in sums of not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars drawing interest at a rate not exceeding six (6) per cent per annum, payable annually or semiannually; said bonds shall be payable at the pleasure of the county after five (5) years, and each of said bonds shall provide that it is subject to this condition, and shall not be sold for less than par, and shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the provisions of this act, and be numbered consecutively and redeemable in the order of their issuance.

      Sec. 7.  If the board of hospital trustees and the owners of any property desired by them for hospital purposes cannot agree as to the price to be paid therefor they shall report the facts to the board of county commissioners, and condemnation proceedings shall be instituted by the said board of county commissioners and prosecuted in the name of the county by the district attorney for such county.

      Sec. 8.  No hospital buildings shall be erected or constructed until the plans and specifications have been made therefor and adopted by the board of hospital trustees, and bids advertised for according to law for other county public buildings.

      Sec. 9.  Every hospital established under this act shall be for the benefit of the inhabitants of such county, and of any person falling sick or being injured or maimed within its limits, but the board of hospital trustees may extend the privileges and use of such hospital to persons residing outside of such county upon such terms and conditions as said board may from time to time by its rules and regulations prescribe. Every such inhabitant or person who is not a pauper shall pay to the said board, or such officer as it shall designate, a reasonable compensation for occupancy, nursing care, medicine, and attendance, other than medical or surgical attendance, according to the rules and regulations prescribed by said board; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to render the use of said hospital of the greatest benefit to the greatest number; and the said board may exclude from the use of such hospital any and all inhabitants and persons who shall wilfully violate such rules and regulations.

 

 

Hospital bonds, how and when issued

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property for hospital; condemnation proceedings, when

 

 

Restrictions as to building of hospital

 

For benefit of inhabitants of county; outside patients, when

 

 

Pay patients


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

ê1923 Statutes of Nevada, Page 308 (CHAPTER 172, SB 80)ê

 

 

 

 

 

 

Trustees to make all regulations

 

 

No discrimination as to different schools of medicine

Right to employ private physician

 

 

 

 

Hospital staff of all doctors in county

 

 

 

Rotation of service of indigent patients

 

 

 

Training-school for nurses; diploma

 

 

Room for examination of insane suspects

prescribed by said board; such hospital always being subject to such reasonable rules and regulations as said board may adopt in order to render the use of said hospital of the greatest benefit to the greatest number; and the said board may exclude from the use of such hospital any and all inhabitants and persons who shall wilfully violate such rules and regulations.

      Sec. 10.  When such hospital is established the physicians, nurses, attendants, the persons sick therein and all persons approaching or coming within the limits of same, and all furniture and other articles used or brought there shall be subject to such rules and regulations as said board may prescribe.

      Sec. 11.  In the management of such public hospital no discrimination shall be made against practitioners of any regular school of medicine and surgery recognized by the laws of Nevada, and all such regular practitioners shall have equal privileges in treating patients in said hospital. The patient shall have the right to employ at his, or her, own expense his, or her, own physician, and when acting for any patient in such hospital the physician employed by such patient shall have the exclusive charge of the care and treatment of such patient, and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of trustees under the provisions of this act. The said board of trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which said hospital is located and each physician shall hold his position on said staff so long as he complies with the rules and regulations laid down by the board of hospital trustees, and it shall be the duty of the said staff to organize in a manner prescribed by the said board so that there shall be a rotation of service among the members of the said staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the said hospital for treatment, and no member of said staff nor any other physician who attends such indigent patient shall receive any compensation for his services.

      Sec. 12.  The board of trustees may establish and maintain in connection with such hospital and as a part thereof a training-school for nurses and upon completion of the prescribed course of training shall give to such nurses who satisfactorily complete the said course a diploma.

      Sec. 13.  The said board of trustees shall at all times provide a suitable room for the detention and examination of all persons who are brought before the commissioners of insanity for such county, provided that such hospital is located at the county-seat.


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

ê1923 Statutes of Nevada, Page 309 (CHAPTER 172, SB 80)ê

 

      Sec. 14.  The board of hospital trustees shall have power to determine whether or not patients presented to said public hospital for treatment are subjects of charity, and shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for same, as the said board may deem just and proper, the receipts therefor to be paid to the treasurer of the said county and credited by him to the hospital fund.

      Sec. 15.  Any person or persons, firm, organization, corporation or society, desiring to make donations of money, personal property or real estate for the benefit of such hospital shall have the right to vest title of the money, personal property or real estate so donated in said county to be controlled, when accepted, by the board of hospital trustees according to the terms of the deed, gift, devise or bequest of such property.

      Sec. 16.  All the provisions of this act with reference to the administration and government of county or counties hospitals erected under its provision shall extend to and be applicable for the administration and government of all county hospitals heretofore erected in the several counties of the state under or by virtue of any act of the legislature of the State of Nevada heretofore made.

      Sec. 17.  The purposes for which any county hospital erected under the provisions of this act shall be used, or any county hospital which has heretofore been erected under any act of the legislature of the State of Nevada, are hereby declared to be public purposes.

      Sec. 18.  In all cases where county hospitals have been heretofore erected in any of the counties of this state, under or by virtue of any act of the legislature, and have been heretofore governed and administered by the county commissioners or otherwise, such government and administration is hereby ratified and confirmed as acts with the powers of such county commissioners or such other supervising body or person as may have been heretofore designated. But in all such cases the board of county commissioners is hereby authorized, empowered and directed to forthwith appoint a board of trustees for such county hospital, and thereafter all the provisions of this act relative to the administration and government of county hospitals and patients therein shall be immediately applicable and controlling with respect to the future administration, control and government of such hospital in like manner and with the same force and effect as if an election had been duly held in accordance with the provisions of section 1 of this act, and a majority of all the votes cast had been in favor of establishing such hospital.

      Sec. 19.  All acts and parts of acts in conflict herewith are hereby repealed.

Trustees to determine who are indigent patients

 

 

 

Donations of money or property

 

 

 

 

Provisions of this act of general application

 

 

 

Public purposes

 

 

 

Previous acts of county commissioners as to county hospitals ratified

 

 

 

Trustees to be appointed for all county hospitals

 

 

 

 

 

 

Conflicting acts repealed


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

ê1923 Statutes of Nevada, Page 310 (CHAPTER 172, SB 80)ê

 

In immediate effect

      Sec. 20.  This act shall take effect and become operative from and after its passage and approval.

 

________

 

CHAPTER 173, SB 114

 

 

 

 

 

 

Provisions of Volstead act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liquor prescription filled only at licensed pharmacy

[Senate Bill No. 114–Senator Scott]

 

Chap. 173–An Act to control the sale of intoxicating liquor for medicinal purposes.

 

[Approved March 20, 1923]

 

      Whereas, Under the provisions of title II, section 6, of the Volstead act “a person may, without a permit, purchase and use liquor for medicinal purposes when prescribed by a physician”; and

      Whereas, Said section further provides that “no permit shall be issued to any one to sell liquor at retail, unless the sale is to be made through a pharmacist designated in the permit and duly licensed under the laws of his state to compound and dispense medicine prescribed by a duly licensed physician,” and that “no one shall be given a permit to prescribe liquor unless he is a physician duly licensed to practice medicine and actively engaged in the practice of such profession”; and

      Whereas, Section 7 of title II of said Volstead act provides that “no one but a physician holding a permit to prescribe liquor shall issue any prescription for liquor. And no physician shall prescribe liquor unless after careful physical examination of the person for whose use such prescription is sought, or if such examination is found impracticable, then upon the best information obtainable, he in good faith believes that the use of such liquor as a medicine by such person is necessary and will afford relief to him from some known ailment. Not more than a pint of spirituous liquor to be taken internally shall be prescribed for use by the same person within any period of ten days and no prescription shall be filled more than once. Any pharmacist filling a prescription shall at the time indorse upon it over his own signature the word ‘canceled,’ together with the date when the liquor was delivered, and then make the same a part of the record that he is required to keep as herein provided”; and

      Whereas, The regulation of the sale of such liquor under such circumstances is within the police power of the State of Nevada:

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any pharmacist within the State of Nevada to fill any prescription for intoxicating liquor at any place within the state other than at a duly licensed pharmacy as defined in this act.


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

ê1923 Statutes of Nevada, Page 311 (CHAPTER 173, SB 114)ê

 

      Sec. 2.  A “Pharmacy” is defined for the purposes of this act as a going concern which has been regularly and continuously in operation in the same city, town or locality for at least one year and which has for said length of time been continuously legally engaged in the business of compounding and dispensing drugs.

      Sec. 3.  Any pharmacy desiring to fill prescriptions for liquor shall make application to the state board of revenue, upon a form to be prepared and furnished by said board, for a license. If the board is satisfied that the applicant represents a pharmacy as defined by this act, and has complied with all federal license requirements, upon payment of the sum of ten dollars and filing a good and sufficient bond in an amount to be fixed by said board, a license shall be granted to said pharmacy to be in full force and effect until suspended or revoked for cause as hereinafter provided. Said license shall provide that the licensee may fill prescriptions for liquor on condition that he will pay to the treasurer of the State of Nevada, on the last day of March, June, September and December of each year, the sum of fifty cents for each and every liquor prescription filled during the three months preceding the fifteenth day of said respective months.

      Sec. 4.  It shall be unlawful for any pharmacy to fill any prescription for intoxicating liquor without having first secured the license required in section three hereof, and it shall be unlawful for any pharmacy, after having secured a license, to fail to pay the required fifty cents on any prescription for liquor filled by said pharmacy. Each and every prescription for liquor filled in violation of this act shall constitute a separate offense.

      Sec. 5.  Every violation of any of the provisions of this act shall constitute a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

      Sec. 6.  For the purpose of securing the enforcement of this act the office of inspector of pharmacies is hereby created, said inspector to be appointed by the state board of revenue at a salary of not exceeding three thousand dollars per annum, and to be allowed his necessary travel and office expense. The sum of one thousand dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to be used to defray the expenses of carrying out the provisions of this act until such time as it shall become self-supporting.

      Sec. 7.  If at any time there shall be filed with the inspector of pharmacies a complaint, under oath, setting forth facts showing, or if the inspector himself has reason to believe, that any licensed pharmacy is not in good faith conforming to the provisions of this act, or has violated the state or federal laws relating to intoxicating liquor, the said inspector is hereby authorized and empowered to issue an order citing such licensee to appear before him on a day named, not more than thirty and not less than fifteen days from the date of service upon such licensee of a copy of the citation, which citation shall be accompanied by a copy of such complaint, or in the event that the proceedings be initiated by the inspector, with a statement of the facts constituting the violation charged, at which time a hearing shall be had unless continued for cause.

“Pharmacy” defined

 

 

 

Pharmacy to procure state license; must comply with federal requirements

Fee, $10

 

 

 

 

50 cents to state for each liquor prescription

 

Unlawful acts; each one a separate offense

 

 

 

 

Penalties

 

 

 

Inspector of pharmacies; salary, $3,000

$1,000 temporary loan

 

 

 

Unlawful pharmacy, how prosecuted


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

ê1923 Statutes of Nevada, Page 312 (CHAPTER 173, SB 114)ê

 

 

 

 

 

 

Hearings

 

 

License revoked, when

 

 

 

Court review of decision, when

 

 

Criminal action not barred

inspector is hereby authorized and empowered to issue an order citing such licensee to appear before him on a day named, not more than thirty and not less than fifteen days from the date of service upon such licensee of a copy of the citation, which citation shall be accompanied by a copy of such complaint, or in the event that the proceedings be initiated by the inspector, with a statement of the facts constituting the violation charged, at which time a hearing shall be had unless continued for cause. Such hearings shall be held within the county and within fifty miles of the place where the offense is alleged to have occurred, unless the parties agree on another place. If it be found by the inspector that such licensee has been guilty of wilfully violating any of such laws as charged, or has not in good faith conformed to the provisions of this act, said inspector shall so report to the board of revenue, and said board shall revoke the license of said pharmacy, and no new license shall be granted to said pharmacy or its assigns within one year thereafter. Should the license be so revoked by the board, the licensee may have a review of the decision before the district court of the county in which said pharmacy is licensed to operate, and the court may affirm or reverse the finding of the inspector, as the facts and law of the case may warrant, but during the pendency of such proceeding such license shall be suspended. Nothing in this section contained shall operate as a bar to criminal proceedings against the licensee for any violation of law. Neither shall the duties of such inspector be limited to the enforcement of this section alone.

 

________

 

CHAPTER 174, SB 118

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds, $15,000, for Lincoln County

 

 

 

Denomination, etc., of bonds

[Senate Bill No. 118–Senator Scott]

 

Chap. 174–An Act authorizing and directing the board of county commissioners of Lincoln County, State of Nevada, to issue bonds for the purpose of providing means for the erection and equipment of an addition to the county high-school building, in the town of Panaca, in said county of Lincoln, State of Nevada, and other matters in relation thereto.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Lincoln County, State of Nevada, is hereby authorized and directed under the provisions of this act to issue bonds of said county, bearing interest at the rate of six per centum per annum, in a total sum not exceeding fifteen thousand dollars, none of which bonds shall run for a period longer than ten years from date of issuance.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act, shall be issued in the sum of five hundred dollars each, numbered consecutively 1 to 30, and shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer; and each of the interest coupons attached to said bonds shall be signed by the original or engraved facsimile signature of the county treasurer.


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

ê1923 Statutes of Nevada, Page 313 (CHAPTER 174, SB 118)ê

 

be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer; and each of the interest coupons attached to said bonds shall be signed by the original or engraved facsimile signature of the county treasurer. The interest on said bonds shall be payable semiannually.

      Sec. 3.  The board of county commissioners of said Lincoln County shall determine under what date said bonds are to be issued and the maturity dates thereof within said ten-year limit, and said bonds shall be paid and redeemed by the county treasurer of Lincoln County on the maturity dates so determined. The payment and redemption of said bonds shall be in the order of their issuance, the lowest-numbered bond to be the first paid and redeemed until the whole amount of bonds issued hereunder shall have been paid and redeemed.

      Sec. 4.  Said bonds shall be advertised for sale and sold by the county board of education of said Lincoln County, at not less than par value, for the purpose of raising funds for the objects designated in this act. Before delivery to purchaser, they shall be registered by the county treasurer in a book kept for that purpose in his office, which shall show the amount, the place and time of payment, and the rate of interest; and the said bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. All moneys derived from the sale of such bonds shall be paid to the county treasurer, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created to be known as the “County High-School Addition Building Fund,” and to pay out said moneys in the manner now provided by law for payments from such fund, and for the purposes designated in this act.

      Sec. 5.  The county board of education is hereby authorized and directed to use the moneys derived from the sale of said bonds, or so much thereof as they may deem necessary, for the erection and equipment of an addition to the county high-school building in the town of Panaca, Lincoln County, State of Nevada, in accordance with plans and estimates to be approved by the county commissioners of Lincoln County and the state superintendent of schools. After said plans and estimates have been approved, the county board of education shall advertise for bids and let contracts to the lowest responsible bidders; provided, that said county board of education shall have authority to reject any and all bids and readvertise until a satisfactory bid is obtained.

      Sec. 6.  All bonds, together with interest thereon, shall be payable in gold coin of the United States, at the office of the county treasurer of Lincoln County, at Pioche, Nevada. Should the holder of any bond or bonds issued under this act fail, for any cause whatsoever, to present the same to the county treasurer for payment when due, all interest thereon shall nevertheless cease.

 

 

 

 

 

Duties of commissioners of Lincoln County

 

 

 

 

Sale of bonds

 

 

 

 

 

 

 

“County High-School Addition Building Fund”

 

County board of education to build addition to county high school at Panaca

 

 

 

 

 

Bonds and interest payable at office of treasurer of Lincoln County


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

ê1923 Statutes of Nevada, Page 314 (CHAPTER 174, SB 118)ê

 

 

 

“County High-School Addition Building Bond Interest and Redemption Fund”

 

 

 

 

 

 

 

Tax ceases, when

 

 

 

County treasurer custodian

 

Faith of state pledged

fail, for any cause whatsoever, to present the same to the county treasurer for payment when due, all interest thereon shall nevertheless cease.

      Sec. 7.  It shall be the duty of the board of county commissioners of Lincoln County to annually levy and assess a special tax on all taxable property within said county, including proceeds of mines, in an amount sufficient to pay the principal and interest accruing on said bonds promptly as and when the same becomes due. The taxes so levied shall be assessed and collected in the same manner as other taxes, shall be paid into the county treasury, and kept therein by the county treasurer in a fund hereby created and designated as the “County High-School Addition Building Bond Interest and Redemption Fund.” Moneys shall be paid out of said fund by the said county treasurer only for payment of principal and interest on said bonds as they become due, upon presentation and surrender of said bonds and coupons to the said county treasurer at his office.

      Sec. 8.  Whenever all bonds and interest herein authorized shall have been fully paid, the tax authorized by this act shall cease to be levied, and all moneys remaining in said building or redemption funds shall be thereupon transferred by the county treasurer without delay to the credit of the county high-school general fund.

      Sec. 9.  The county treasurer shall be liable on his official bond for the safe-keeping of the moneys which shall come into his possession under the provisions of this act, and for the faithful discharge of all his duties hereunder.

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

 

________

 

CHAPTER 175, SB 144

 

 

 

 

 

 

 

 

 

 

 

 

Limitation of leases, 20 years

[Senate Bill No. 144–Senator Scott]

 

Chap. 175–An Act to amend section 78 of an act entitled “An act concerning conveyances,” approved November 5, 1861.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 78 of the above-entitled act is hereby amended to read as follows:

      Section 78.  No lands, town or city lots, or other real property, within this state, shall hereafter be conveyed by lease or otherwise, except in fee and perpetual succession, for a longer period than twenty years. All leases hereafter made contrary to the provisions of this act shall be void.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 315ê

CHAPTER 176, SB 145

[Senate Bill No. 145–Senator Scott]

 

Chap. 176–An Act authorizing and empowering the board of county commissioners of Lincoln County, State of Nevada, to issue additional bonds to provide for aid in the construction of state highways within said county.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Lincoln County, State of Nevada, is hereby authorized and empowered to issued bonds of said Lincoln County in the further sum of not to exceed fifty thousand dollars ($50,000), to bear not in excess of six per cent (6%) interest, to run not in excess of twenty (20) years, and to be issued from time to time as may be required, in the usual form of county bond. The said board is also authorized and empowered to levy an annual tax upon all the property within the said Lincoln County subject to taxation for the purpose of paying the interest and principal of said bonds.

      Sec. 2.  Said bonds shall be sold by the said board at not less than the par value thereof, and the proceeds therefrom shall be deposited with the treasurer of Lincoln County to the credit of the Lincoln county-state highway additional fund, and shall be used solely for the purpose of aiding in the construction or route No. 7 of the state highways system within the said Lincoln County.

      Sec. 3.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed omitted, until all the bonds issued under and by virtue hereof shall have been paid in full.

 

 

 

 

 

 

 

 

 

 

 

Lincoln County bonds, $50,000

 

 

 

 

 

 

For Lincoln county-state highway fund

 

 

 

Faith of state pledged

 

________

 

CHAPTER 177, SB 152

[Senate Bill No. 152–Senator Fairchild]

 

Chap. 177–An Act authorizing the Nevada industrial commission to invest funds in an office building in the city of Carson, State of Nevada, authorizing said commission to occupy a part or portion of said building, designating a fund in which is to be placed the income therefrom, and other matters in connection therewith.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Nevada industrial commission is hereby authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed one and one-half (1 1/2) per cent of the total assets of the state insurance fund in an office building in the city of Carson, State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

Industrial commission authorized to purchase building in Carson City


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

ê1923 Statutes of Nevada, Page 316 (CHAPTER 177, SB 152)ê

 

 

 

Income from building goes to rent-and-expense fund

 

 

 

Attorney-general to approve title

Nevada. Said commission is authorized to occupy whatever room or rooms in said building that may be necessary in the performance of the duties of said commission.

      Sec. 2.  That portion of such building not so occupied by the commission may be rented, and any income derived therefrom shall be placed in a fund to be known as the rent-and-expense fund. All disbursements on account of expenses incurred in the operation and maintenance of such building shall be paid from said fund. Said fund shall constitute a part of the assets of the state insurance fund, and shall be administered by the Nevada industrial commission.

      Sec. 3.  The title of any property purchased under the provisions of this act shall be passed upon and approved by the attorney-general.

 

________

 

CHAPTER 178, SB 155

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending previous act; see page 28

Certificate of record of brands of live stock prima facie evidence

[Senate Bill No. 155–Senator Sheehan]

 

Chap. 178–An Act to amend section 10 of “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 therewith; providing penalties for the violation thereof; and repealing certain acts; and other matters properly relating thereto,” approved February 19, 1923.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 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 brands 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.

 

________

 

 


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

ê1923 Statutes of Nevada, Page 317ê

CHAPTER 179, SB 156

[Senate Bill No. 156–Committee on Judiciary]

 

Chap. 179–An Act to amend section 48 of an act entitled “An act to regulate the settlement of estates of deceased persons,” approved March 23, 1897, being section 5904, Revised Laws of Nevada, 1912.

 

[Approved March 20, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 48 of the above-entitled act is hereby amended to read as follows:

      Section 48.  Before letters of administration shall be granted on the estate of any person who is represented to have died intestate, the fact of his having died intestate shall be proved by the testimony of the applicant or any other sufficient testimony that may be produced. Proof must also be made concerning the time, place, and manner of death, the place of residence at the time of death, the location, character and value of his property, and whether the deceased left a will. Any person may be compelled to attend as a witness for such purpose.

 

 

 

 

 

 

 

 

 

 

 

 

 

Proof of death and of intestacy

 

________

 

CHAPTER 180, Senate Substitute for Senate Bill No. 20

[Senate Substitute for Senate Bill No. 20–Judiciary Committee]

 

Chap. 180–An Act to provide an excise tax on the sale of gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles; to provide for the collection thereof; to provide a manner of ascertaining the number of gallons of gasoline, distillate and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles sold or distributed in the State of Nevada; to provide for the registration of dealers engaged in the distribution of and sale of gasoline, distillate and other volatile and inflammable liquid fuels; to fix a penalty for the violation of the provisions of this act; to define certain words, terms and phrases herein, and to repeal all other acts or parts of acts in conflict herewith.

 

[Approved March 20, 1923]

 

      Whereas, Gasoline, distillate, and other volatile and inflammable liquids are used extensively to operate and propel motor vehicles, machines, and engines over and upon the roads and highways of the State of Nevada; and

      Whereas, The operation of said vehicles, machines, and engines over and upon the roads and highways of this state by reason of the use of said gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purposes of operating or propelling motor vehicles is destructive of said roads and highways; and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1923 Statutes of Nevada, Page 318 (CHAPTER 180, Senate Substitute for Senate Bill No. 20)ê

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dealers in motor-vehicle fuel to pay state excise tax of 2 cents per gallon

pounded for the purposes of operating or propelling motor vehicles is destructive of said roads and highways; and

      Whereas, The successful operation of such vehicles, machines and engines over the public roads and highways of this state depends to a large extent upon the construction and maintenance of good roads, which are exceedingly expensive; and

      Whereas, The state and various counties within the state have expended large sums of public money for the construction of expensive roads and highways which are of an immense benefit to the persons operating said vehicles, machines, and engines; and

      Whereas, The movement of said vehicles over the highways of the state is attended by constant and serious danger to the public; and

      Whereas, It is necessary for the enforcement of good order, as well as protection of the public roads and highways constructed by this state and the various counties thereof, that the state expend large sums of money for the regulation and supervision of such vehicles, machines and engines upon the public highways and for the repair of the damage done to said highways; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The following words, terms, and phrases in this act are, for the purposes thereof, defined as follows:

      (a) “Motor vehicles” shall include all vehicles, engines or machines, movable or immovable, which are operated or propelled by combustion of gasoline, distillate, or other volatile and inflammable liquid fuels.

      (b) “Motor-vehicle fuels” shall include all such fuel oils as gasoline, distillate, benzine, naphtha, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles, except the product commonly known as kerosene oil.

      (c) The term “dealer” is hereby defined as any person, firm, or corporation who imports or causes to be imported gasoline, distillate, benzine, naphtha, and such other volatile and inflammable liquids produced or compounded for operating or propelling motor vehicles, as herein defined, for use, distribution, or sale in, and after the same reaches, the State of Nevada; and also any person, firm, or corporation who produces, refines, manufactures, or compounds such fuel in the State of Nevada for use, distribution or sale in this state.

      Sec. 2.  That, in addition to the taxes now provided for by law, each and every dealer, as defined in this act, who is now engaged or who may hereafter engage in his own name, or in the name of others, or in the name of his representatives or agents in this state, in the sale or distribution, as dealers and distributors, of motor-vehicle fuel as herein defined, shall, not later than the fifteenth day of each calendar month, render a statement to the Nevada tax commission of all motor-vehicle fuel sold or used by him or them in the State of Nevada during the preceding calendar month, and shall pay an excise tax of two cents per gallon on all motor-vehicle fuel so sold or used, as shown by such statement in the manner and within the time hereinbefore provided.


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ê1923 Statutes of Nevada, Page 319 (CHAPTER 180, Senate Substitute for Senate Bill No. 20)ê

 

and distributors, of motor-vehicle fuel as herein defined, shall, not later than the fifteenth day of each calendar month, render a statement to the Nevada tax commission of all motor-vehicle fuel sold or used by him or them in the State of Nevada during the preceding calendar month, and shall pay an excise tax of two cents per gallon on all motor-vehicle fuel so sold or used, as shown by such statement in the manner and within the time hereinbefore provided.

      Sec. 3.  Said excise tax shall be paid on or before the fifteenth day of each month to the state treasurer, who shall receipt the dealer therefor, and shall pay from such tax annually collected the sum of sixty thousand dollars to the state highway fund and the balance divided among the counties of the state and prorated according to the number of motor vehicles holding state licenses, which counties shall place such money in the road funds thereof.

      Sec. 4.  Any person, firm or corporation, who shall buy and use any motor-vehicle fuel, as defined in this act, for the purpose of operating or propelling stationary gas engines, tractors, farm tractors, harvesting machines, aeroplanes or motor boats, or who shall purchase or use any of such fuel for cleaning or dyeing or other commercial use of the same, except in a motor vehicle operated or intended to be operated upon any of the public highways of the State of Nevada, and who shall have paid any tax on motor-vehicle fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by adding such amount of such tax to the price of such fuel and paid by the consumer, shall be reimbursed and repaid the amount of such tax paid by him upon presenting to the secretary of state of the State of Nevada an affidavit, accompanied by the original invoices, showing such purchase, which affidavit shall be verified by the oath of such affiant, and shall state the total amount of such fuel so purchased and used by such consumer, other than in motor vehicles operated or intended to be operated upon any of the public highways of the State of Nevada, and said secretary of state, upon the presentation of such affidavit and such vouchers, shall cause to be repaid to such consumer from the taxes collected on motor-vehicle fuels the said taxes so paid by such consumer on fuels purchased and used, other than for motor vehicles as aforesaid; provided, that application for refunds as provided herein must be filed with the secretary of state within ninety days from the date of purchase, otherwise all rights to such refunds shall be forfeited.

      Sec. 5.  Every dealer in motor-vehicle fuel shall keep a record, in such form as may be prescribed by the Nevada tax commission, of all purchases, receipts, use, sales, and distribution of motor fuel; such records to include copies of all invoices or bills of all such sales, and to be at all times during the business hours of the day subject to inspection by the Nevada tax commission, or any of its duly authorized agents.

 

 

 

 

 

 

Tax to be paid to state treasurer by 15th of each month

 

 

 

Refund of tax to certain operators

 

 

 

 

 

 

 

How refund is obtained

 

 

 

 

 

 

 

 

Refund forfeited if not applied for in 90 days

 

Dealers to keep record; Nevada tax commission to inspect


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ê1923 Statutes of Nevada, Page 320 (CHAPTER 180, Senate Substitute for Senate Bill No. 20)ê

 

 

 

Penalties

 

 

 

Not to conflict with U. S. laws

 

 

 

Each section independent

 

Dealers must pay tax promptly; attorney-general or district attorney shall prosecute

during the business hours of the day subject to inspection by the Nevada tax commission, or any of its duly authorized agents.

      Sec. 6.  Any dealer, association of persons, firm or corporation 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 $500 or by imprisonment in the county jail for a period not to exceed six months, or both.

      Sec. 7.  Nothing in this act contained shall be construed to require the payment of such excise tax in any instance in which it would be a violation of the constitution or laws of the United States, or to require the performance of any acts which would constitute an unlawful burden upon the sale or distribution of liquid fuels as herein defined in violation of said constitution or laws.

      Sec. 8.  If any laws, subdivision, sentence or clause of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act.

      Sec. 9.  If any person, association of persons, firm, or corporation shall fail to pay such license tax herein provided for a period of thirty days from and after the date when the same should have been paid as required by this act, the amount thereof shall be collected of such person, association of persons, firm or corporation for the use of this state, and the attorney-general of the state, or the district attorney of any county within this state, shall forthwith commence and prosecute to final determination in any court of competent jurisdiction an action at law to collect the same.

 

________

 

CHAPTER 181, AB 157

 

[Assembly Bill No. 157–Mr. Meyers]

 

Chap. 181–An Act to regulate the use and operation of motor trucks and motor vehicles, to define and classify them, to protect the public roads and highways of Nevada, to secure revenues for their improvement and maintenance, to provide for the issuance of certificates of public convenience and licenses by boards of county commissioners and the enactment of ordinances therefor, and other matters properly appertaining thereto, to prescribe penalties for the violation thereof, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 21, 1923]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of protecting the public roads and highways of this state and to secure revenues for their improvement and maintenance, the county commissioners of each and all the counties of Nevada shall, as soon as practicable after the passage of this act, not later than May 5, 1923, enact appropriate ordinance or ordinances licensing and regulating the use of motor trucks and motor vehicles, hereinafter defined, operating within, through or across any part or portion of any county in the state; and the power and duty so to do are hereby expressly delegated and imposed.


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ê1923 Statutes of Nevada, Page 321 (CHAPTER 181, AB 157)ê

 

sioners of each and all the counties of Nevada shall, as soon as practicable after the passage of this act, not later than May 5, 1923, enact appropriate ordinance or ordinances licensing and regulating the use of motor trucks and motor vehicles, hereinafter defined, operating within, through or across any part or portion of any county in the state; and the power and duty so to do are hereby expressly delegated and imposed.

      Sec. 2.  Motor trucks and motor vehicles, for the purposes of this act, are defined as wheeled vehicles, propelled by steam, electricity, or gasoline, and used for the transportation of persons or merchandise for hire or used in the business of a common carrier of freight, merchandise, or passengers, not including railroad and railway cars and motor vehicles running only upon rails or tracks, or road, steam, electric, or gasoline rollers.

      Sec. 3.  The various boards of county commissioners shall, in the imposition of said license and licenses, classify in each of their respective counties, by rule, regulation, and ordinance, the kinds and character of motor vehicles against which certain fixed licenses according to classification shall be laid, and in fixing and regulating said classification the board may also take into consideration the weight of said motor vehicle, the nature of the business for which it is utilized, the extent and frequency of its operations and the kind and character of public road or roads, highway or highways over which it has or is accustomed to or expects to travel. In basing a classification upon the kind and character of road or roads, highway or highways, as aforesaid, it shall be the duty of the board to impose a higher license upon such motor vehicles operating and traveling mainly upon concrete or improved gravel roads or highways than upon those operating and traveling mainly upon dirt and unimproved roads or highways, and to impose a lower license on motor vehicles doing passenger business exclusively than on those carrying freight.

      Sec. 4.  No motor truck or motor vehicle, as defined by this act, shall be permitted, from and after July 1, 1923, to operate, run, or travel within, through, or across any part or portion of any county in this state, without the owner, licensee, operator, or user thereof or the party or parties responsible for its operations first having applied for and received from the proper board of county commissioners within each and all the counties in which said motor truck or trucks, vehicle or vehicles, proposes to or expects to travel or operate, a license or licenses as provided by this act, and without having first paid the license fee or charge imposed or assessed by the board or boards as herein provided. And any person or persons, firm, company, partnership, association, corporation, or common carrier, running or operating or causing to be run or operated any motor truck or vehicle, as herein defined, without having applied for, paid for and received the license as herein provided shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five ($25) dollars, nor more than five hundred ($500) dollars, 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.

County license for motor-vehicles in freight and passenger service

 

 

Definitions

 

 

 

 

 

County commissioners to classify said vehicles

 

 

 

 

 

 

 

 

 

 

 

 

Regulations taking effect July 1, 1923


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ê1923 Statutes of Nevada, Page 322 (CHAPTER 181, AB 157)ê