[Rev. 12/19/2019 5:36:20 PM]

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ê1925 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

PASSED AT THE

Thirty-Second Session of the Legislature

 

1925

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Cowles]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 22, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand dollars ($60,000), which shall constitute the legislative fund.

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

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

 

 

 

 

 

 

 

 

 

Legislative appropriation, $60,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

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CHAPTER 2, SB 6

[Senate Bill No. 6–Senator Scott]

 

Chap. 2–An Act to amend an act entitled “An act fixing the time when laws and joint resolutions shall take effect,” approved January 10, 1865.

 

[Approved January 29, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act (Par. 4127, Revised Laws of Nevada, 1912), is hereby amended to read as follows:

 


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ê1925 Statutes of Nevada, Page 2 (CHAPTER 2, SB 6)ê

 

 

Time when laws shall take effect

 

In effect

      Section 1.  Every law and joint resolution hereafter passed by the legislature of the State of Nevada shall take effect and be in force on July first following its passage, unless such law or joint resolution shall specifically prescribe a different effective date.

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

 

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CHAPTER 3, SB 8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of justice of peace of Lyon County

 

 

 

 

 

 

 

In effect

[Senate Bill No. 8–Senator Friedhoff]

 

Chap. 3–An Act to amend an act entitled “An act fixing and regulating the salaries and fees of the justices of the peace of Lyon County, State of Nevada, and providing for the payment of the same,” approved February 26, 1913.

 

[Approved January 31, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended so as to read as follows:

      Section 1.  From and after the approval of this act the justices of the peace of Lyon County, Nevada, shall be allowed salaries as follows: Justices of the peace in townships polling 400 votes and over shall be allowed salaries of $900 per annum, payable in twelve monthly instalments of $75. Justices of the peace in townships polling 250 votes, and not more than 400 votes, shall be allowed salaries of $300 per annum, payable in twelve monthly instalments of $25. Justices of the peace in townships polling 100 votes, and not more than 250 votes, shall be allowed salaries of $180 per annum payable in twelve monthly instalments of $15. Justices of the peace in townships polling less than 100 votes shall be allowed salaries of $120 per annum, payable in twelve monthly instalments of $10.

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

 

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CHAPTER 4, SB 2

 

[Senate Bill No. 2–Senator Cowles]

 

Chap. 4–An Act to amend an act entitled “An act providing a general corporation law,” approved March 16, 1903, and all acts amendatory thereof or supplementary thereto.

 

[Approved February 3, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of said act is hereby amended to read as follows:


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ê1925 Statutes of Nevada, Page 3 (CHAPTER 4, SB 2)ê

 

      Section 4.  The certificate or articles of incorporation shall set forth:

      1.  The name of the corporation (which name shall end with the word “incorporated,” or shall contain one of the following words used therein as a substantive or noun, “association,” “company,” “corporation,” “club,” “society,” or “syndicate”) and shall be such as to distinguish it from any other formed or incorporated in this state or engaged in the same business, or promoting or carrying on the same objects or purposes in this state.

      2.  The name of the county and of the city or town and of the place within the county, city or town, in which its principal office or place of business is to be located in this state (giving street and number if practicable), and if not so described as to be easily located within the said county, city or town, the secretary of state shall refuse to issue his certificate until such location is marked and established.

      3.  The nature of the business, or objects or purposes proposed to be transacted, promoted, or carried on by the corporation.

      4.  As to stock having a nominal or par value: The amount of the total authorized capital stock of the corporation, which shall not be less than $2,000; the number of shares into which the same is divided, and the par value of each share; the amount of subscribed capital stock with which it will commence business, which shall not be less than $1,000; the amount actually subscribed and the amount actually paid up, if any; and if there be more than one class of such stock created by the certificate of incorporation, a description of the different classes, the terms on which the respective classes of stock are created, with such destinations, preferences, if any, voting powers, restrictions or qualifications thereof as may be desired.

      5.  As to stock having no nominal or par value: The number of such shares authorized; that they are without par value; the number of shares actually subscribed; the amount subscribed therefor, which shall not be less than $1,000, and the amount actually paid up, if any; and if there be more than one class of such stock created by the certificate of incorporation, a description of the different classes, the terms on which the respective classes of stock are created, with such designations, preferences, if any, voting powers, restrictions or qualifications thereof as may be desired.

      6.  The names of each of the original subscribers to the capital stock and the amount subscribed by each, or if there be no stock, of the original incorporators.

      7.  The period, if any, limited for the duration of its existence.

      8.  Whether the members of the governing board shall be styled directors or trustees of the corporation and the number of such trustees or directors, which shall not be less than three.

 

What articles or certificates shall set forth

 

 

 

Principal office

 

 

 

 

Nature of business

 

Amount of stock and par value

 

 

 

 

 

 

 

Stock having no par value

 

 

 

 

 

Names of subscribers

 

Period of existence

Number of directors


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ê1925 Statutes of Nevada, Page 4 (CHAPTER 4, SB 2)ê

 

 

 

Whether subject to assessment

 

 

 

May contain provisions

 

 

 

 

 

 

 

 

As regards par value

 

 

 

One or more classes of stock

 

 

 

 

 

No capital stock

 

 

How stock shall be issued

number of such trustees or directors, which shall not be less than three.

      9.  Whether or not capital stock, after the amount of the subscription price or par value has been paid in, shall be subject to assessment to pay debts of the corporation, and, unless provision is made in such original certificates or articles of incorporation for assessment upon paid up stock, no paid up stock and no stock issued as fully paid up shall ever be assessable or assessed, and the articles of incorporation shall not be amended in this particular.

      10.  The certificate or articles of incorporation may also contain any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting, and regulating the powers of the corporation and the rights, powers or duties of the directors, the stockholders, or any classes of the stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this state.

      11.  Corporations may be organized under this act with their entire capital stock having a nominal or par value, or with their entire capital stock having no nominal or par value, or with part of their stock having a nominal or par value and the remainder having no nominal or par value.

      12.  Every corporation organized or hereafter to be organized under this act may provide for the issuance of one or more classes of stock without any nominal or par value to such number of shares, with such designations, preferences, if any, and voting powers or restrictions or qualifications thereof as shall be stated and expressed in the articles of incorporation or in any certificate of amendment thereof, and as to such stock there shall be stated in the articles or certificate of amendment the requirements contained in subdivision 5 of this section.

      13.  The statements required in subdivisions 4, 5 and 12 of this section shall not apply to corporations not for profit, for which it is desired to have no capital stock. In case any such corporation desires to have no capital stock it shall be so stated and the conditions of membership shall also be stated.

      14.  The board of directors of any corporation any of whose stock is without nominal or par value may from time to time fix the consideration for which any and all such shares, except shares subscribed for in the original or certificate of amendment of articles of incorporation, and the terms under which the respective classes of such stock, if there shall be more than one class of such stock, shall be issued and held; and the consideration and the terms so fixed shall be conclusive as to all except the then existing stockholders and creditors, and as to the then existing stockholders and creditors it shall be conclusive in the absence of actual fraud in the transaction, and any shares issued upon compliance with such terms, or upon payment of the consideration so fixed, or the amount subscribed as aforesaid, shall be held to be fully paid.


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ê1925 Statutes of Nevada, Page 5 (CHAPTER 4, SB 2)ê

 

it shall be conclusive in the absence of actual fraud in the transaction, and any shares issued upon compliance with such terms, or upon payment of the consideration so fixed, or the amount subscribed as aforesaid, shall be held to be fully paid.

      15.  Every share of stock without nominal or par value shall be equal to every other share of such stock of the same class, and shall rank, as respects any other class or classes of stock, according to the preferences given each and every class of stock under the terms of this act. Every certificate for such shares without nominal or par value shall have plainly written or printed upon its face the number of such shares which it represents and shall state briefly the rights and preferences, if any, given to such shares, and no such certificate shall express any nominal or par value of such shares.

      16.  Every corporation, the whole of whose capital stock shall be without nominal or par value, shall pay to the secretary of state, for the use of the state, the following fees and taxes: Upon filing original articles of incorporation one hundred dollars for the first one hundred thousand shares of such stock, or fraction thereof, and ten cents for each one thousand shares, or fraction thereof, in addition thereto; and for filing other papers relative to incorporation, such further fees and taxes shall be charged and paid as are now or may be hereafter provided by law. Where any corporation shall create, either by its articles of incorporation or by amendment, stock with and also stock without a nominal or par value, or shall, by amendment, add stock without a nominal or par value, the stock without nominal or par value shall be charged and pay the same fees and taxes as it would pay if said stock bore a par value of one dollar a share; but all such corporations having stock with and also without a nominal or par value shall pay a minimum fee or tax of one hundred dollars, upon filing original articles of incorporation, and for filing other papers relative to incorporation, such further fees and taxes shall be charged and paid as are now or may hereafter be provided by law.

      Sec.2.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  Every corporation organized under this act shall have power to create two or more kinds of stock, of such classes, with such designations, preferences and voting powers or restrictions or qualifications thereof as shall be stated and expressed in the certificate or articles of incorporation or in any amendment or certificate of amendment thereof; and the power to increase or decrease the stock, as in this act elsewhere provided, shall apply to all or any of the classes of stock, including stock without nominal or par value. Preferred stocks having a nominal or par value may, if desired, be made subject to redemption at any time after three years from the issue thereof at a price not less than par.

 

 

 

All stock equal

 

 

 

 

 

 

 

Fees and taxes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Two or more kinds of stock may be created


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ê1925 Statutes of Nevada, Page 6 (CHAPTER 4, SB 2)ê

 

Preferred stock subject to redemption

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rights of corporations

after three years from the issue thereof at a price not less than par. Preferred stocks without any nominal or par value may, if desired, be made subject to redemption at any time after three years from the issue thereof at a price not less than the sum the corporation shall receive for said stock upon the issuance thereof. The corporation shall be bound to pay upon all preferred stock dividends at such rates and on such conditions as shall be stated in the original or amended articles of incorporation, not exceeding ten per centum (10%) per annum, payable quarterly, half-yearly, or yearly; and such dividends may be made payable before any dividends shall be set apart or paid on the common stock, and such dividends may be made cumulative; provided, the corporation shall set apart or pay the said dividends to the holders of noncumulative preferred stock before any dividend shall be paid on the common stock; and in no event shall a holder of any class of stock be personally liable for the debts of the corporation nor for the payment of dividends; but, in case of insolvency, its debts and other liabilities shall be paid in preference to the preferred stock; the terms “general stock” and “common stock” are synonymous.

      Sec.3.  Section 40 of said act is hereby amended to read as follows:

      Section 40.  Every corporation organized under this act may change the nature of its business, change its name, increase its capital stock, decrease its capital stock, change the location of its principal office in this state, change the par value of the shares of its capital stock, increase or diminish its corporate existence, change its common stock into one or more classes of preferred stock, create one or more classes of preferred stock, change its preferred stock into one or more classes of common stock, change stock with par value of any class or classes into stock without par value, change stock without par value of any class or classes into stock with par value, create any class or classes of stock without nominal or par value, change the number of its directors or trustees and make such other amendment, change or alteration as may be desired in manner following: The board of directors shall pass a resolution declaring that such change or alteration is advisable and calling a meeting of the stockholders to take action thereon; the meeting shall be held upon such notice as the by-laws provide, and in the absence of such provision, upon ten days’ notice, given personally or by mail; if two-thirds in interest of each class of the stockholders having voting powers and of other persons having like powers shall vote in favor of such amendment, change or alteration, a certificate thereof, in the name of the corporation, shall be signed by the president and secretary under the corporate seal, acknowledged or proved as in the case of deeds of real estate, and such certificate, together with the written assent, in person or by proxy, of two-thirds in interest of each class of such stockholders and creditors,


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ê1925 Statutes of Nevada, Page 7 (CHAPTER 4, SB 2)ê

 

of two-thirds in interest of each class of such stockholders and creditors, if any, having voting powers, shall be filed in the office of the secretary of state, and upon the filing of the same and filing a certified copy of said certificate of amendment with the county clerk of the county where the corporation has its principal office, the certificate or articles of incorporation shall be deemed to be amended accordingly; provided, that such certificate of amendment, change or alteration shall contain only such provisions as it would be lawful and proper to insert in original articles of incorporation made at the time of making such amendment, and the certificate of the secretary of state that such certificate and assent have been filed in his office shall be taken and accepted as evidence of such change or alteration in all courts and places; provided, also, that no amendment making or attempting to make paid up stock issued as paid up or the holders thereof liable to assessment or for debts of the company shall be made.

      Sec.4.  Section 41 of said act is hereby amended to read as follows:

      Section 41.  Any corporation of this state whether organized under this act or by a special act of incorporation or under general laws, excepting railroad corporations, may change the nature of its business, change its name, increase its capital stock, decrease its capital stock, change the location of its principal office in this state, change the par value of the shares of its capital stock, increase or diminish its corporate existence, change its common stock into one or more classes of preferred stock, create one or more classes of preferred stock, change its preferred stock into one or more classes of common stock, change stock with par value of any class or classes into stock without par value, change stock without par value of any class or classes into stock with par value, create any class or classes of stock without nominal or par value, change the number of its directors or trustees, fix any method of altering its by-laws permitted by this act, and make such other amendment, change or alteration as may be desired, in the manner prescribed in the foregoing section, and any corporation may, in the same manner, relinquish one or more branches of its business, or extend its business to such branches as might have been inserted in its original certificate of incorporation; provided, that any corporation of this state, except railroad corporations, which have exercised any of the powers, or caused to be done any of the acts hereinabove specified in the manner provided by this act, shall be deemed to have possessed such powers as fully and to the same extent as if they had been expressly conferred upon such corporation by the terms and provisions of this act, and all such powers and acts are hereby ratified, confirmed and approved.

Rights of corporations

 

 

 

 

 

 

 

 

 

Paid-up stock not assessable

 

May change nature of its business


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ê1925 Statutes of Nevada, Page 8 (CHAPTER 4, SB 2)ê

 

 

Stockholder to have certificate

 

 

 

 

 

 

 

In effect

      Sec.5.  Section 56 of said act is hereby amended to read as follows:

      Section 56.  Every stockholder shall have a certificate under the seal of the corporation, signed by the president, or vice-president, and by the secretary or treasurer, certifying the total amount of the capital stock authorized, the total number of shares, the total number of shares thereof having a par value, if any, and the par value thereof, the total number of shares thereof, without par value, if any, and the number of shares contained in the certificate and the par value thereof, or, if they have no par value, that they are without par value, whether they are fully paid up and nonassessable or not, the location of the principal office, and the name of the resident agent.

      Sec.6.  This act shall take effect immediately.

 

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CHAPTER 5, SB 9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Beaver and otter protected until 1930; exception as to beaver injuring property

[Senate Bill No. 9–Senator Peterson]

 

Chap. 5–An Act to amend section 4 of an act entitled “An act to provide for the protection and preservation of furbearing animals, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict therewith,” approved March 21, 1923, being chapter 194, Statutes of 1923.

 

[Approved February 5, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the act specified in the title hereof is hereby amended to read as follows:

      Section 4.  It shall be unlawful for any person to take, kill, trap or injure, or attempt to take, kill, trap or injure, any beaver in this state on or before the first day of January, 1930; provided, that when beaver are doing actual damage to farms or other property in any county, the board of county commissioners of said county may, upon the filing of a verified application, authorize the trapping of such beavers; but the furs of such animals shall be taken in as good condition as possible and must be delivered forthwith to the clerk of said board, to be sold by said clerk, and the proceeds of said sale must be deposited in the fish and game fund of said county, and the county commissioners shall, and are hereby authorized, to recompense, out of such fish and game fund, for the trapping of said beaver, not more than fifty per cent of the proceeds from the sale of said beaver furs. It shall be unlawful for any person to have in his possession any hide or fur from said animals, unless the same has been lawfully taken and is lawfully in the possession of the holder thereof.

 

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ê1925 Statutes of Nevada, Page 9ê

CHAPTER 6, SB 4

[Senate Bill No. 4–Senator Scott]

 

Chap. 6–An Act to repeal sections 15 and 16, and to amend sections 14 and 17, 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, effective January 1, 1912.

 

[Approved February 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 14 of the above-entitled act, being section 6864 of the Revised Laws of Nevada, is hereby amended to read as follows:

6864.  Complaint for Threatening.

      Section 14.  A complaint may be filed and warrant issued, as in other criminal cases, for the arrest of any person who has threatened to commit an offense against the person or property of another.

      Sec.2.  Section 15 of the above-entitled act, being section 6865 of the Revised Laws of Nevada, is hereby repealed.

      Sec.3.  Section 16 of the above-entitled act, being section 6866 of the Revised Laws of Nevada, is hereby repealed.

      Sec.4.  Section 17 of the above-entitled act, being section 6867 of the Revised Laws of Nevada, is hereby amended so as to read as follows:

6867.  Hearing of Evidence.

      Section 17.  When the person complained of is brought before the justice of the peace or magistrate, the trial on said charge shall proceed as in other criminal cases.

 

 

 

 

 

 

 

 

 

 

 

 

 

Crimes and punishments

 

Warrant for threat

 

 

Sections repealed

 

 

 

 

 

 

Trial as in criminal cases

 

 

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CHAPTER 7, SB 7

[Senate Bill No. 7–Senator Scott]

 

Chap. 7–An Act concerning arbitration, to make uniform the law with reference thereto.

 

[Approved February 10, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Two or more parties may agree in writing to submit to arbitration, in conformity with the provisions of this act, any controversy existing between them at the time of the agreement to submit. Such an agreement shall be valid and enforcible, and no party shall have the power to revoke the submission without the consent of the other party or parties to the submission save upon such grounds as exist in law or equity for the rescission or revocation of any contract.

      Sec.2.  The arbitration agreement must state the question or questions in controversy with sufficient definiteness to present one or more issues or questions upon which an award may be based.

 

 

 

 

 

 

 

 

 

 

May agree to arbitrate

 

 

 

 

 

Must state controversy


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ê1925 Statutes of Nevada, Page 10 (CHAPTER 7, SB 7)ê

 

 

“Court” defined

 

 

Arbitrator appointed

 

 

 

 

 

 

 

 

 

 

Application to be in writing

 

 

Appoint time of hearing

 

 

 

Absence of party

 

 

Award must be made in sixty days

 

 

 

Who may represent party

present one or more issues or questions upon which an award may be based.

      Sec.3.  The term “court” when used in this act means a court having jurisdiction of the parties and of the subject matter.

      Sec.4.  Upon the application in writing of any party to the arbitration agreement and upon notice to the other parties thereto, the court shall appoint an arbitrator or arbitrators in any of the following cases:

      (a) When the arbitration agreement does not prescribe a method for the appointment of arbitrators, in which case the arbitration shall be by three arbitrators.

      (b) When the arbitration agreement does prescribe a method for the appointment of arbitrators, and the arbitrators, or any of them, have not been appointed and the time within which they should have been appointed has expired.

      (c) When any arbitrator fails or is otherwise unable to act, and his successor has not been appointed in the manner in which he was appointed.

      Arbitrators appointed by the court shall have the same power as though their appointment has been made in accordance with the agreement to arbitrate.

      Sec.5.  Any application made under authority of this act shall be made in writing and heard in a summary way in the manner and upon the notice provided by law or rules of court for the making and hearing of motion, except as otherwise herein expressly provided.

      Sec.6.  The arbitrators shall appoint a time and place for the hearing, and notify the parties thereof, and may adjourn the hearing from time to time as may be necessary, and, on application of either party, and for good cause, may postpone the hearing to a time not extending beyond the date fixed for making the award.

      Sec.7.  If any party neglects to appear before the arbitrators after reasonable notice the arbitrators may nevertheless proceed to hear and determine the controversy upon the evidence which is produced before them.

      Sec.8.  If the time within which the award shall be made is not fixed in the arbitration agreement, the award must be made within sixty days from the time of the appointment of the arbitrators, and an award made after the lapse of sixty days shall have no legal effect unless the parties extend the time in which said award may be made, which extension or ratification shall be in writing.

      Sec.9.  No one other than a party to said arbitration, or a person regularly employed by such party for other purposes, or a practicing attorney at law, shall be permitted by the arbitrator or arbitrators to represent before him or them any party to the arbitration.

      Sec.10.  The arbitrator or arbitrators, or a majority of them, may require any person to attend before him or them as a witness, and to bring with him any book or writing or other evidence.


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ê1925 Statutes of Nevada, Page 11 (CHAPTER 7, SB 7)ê

 

them, may require any person to attend before him or them as a witness, and to bring with him any book or writing or other evidence.

      The fees for such attendance shall be the same as the fees for witnesses in the courts of general jurisdiction.

      Subpena shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrator or arbitrators, or a majority of them, and shall be directed to the person and shall be served in the same manner as subpena to testify before a court of record in this state; if any person so required to testify shall refuse or neglect to obey such subpena, upon petition the court may compel the attendance of such person before the said arbitrator or arbitrators, or punish said person for contempt in the same manner now provided for the attendance of witnesses or the punishment of them in the courts of this state.

      Sec.11.  Depositions may be taken with or without a commission in the same manner and for the same reasons as provided by law for the taking of depositions in suits pending in the courts of record in this state.

      Sec. 12.  At any time before final determination of the arbitration the court may upon application of a party to the submission make such order or decree or take such proceeding as it may deem necessary for the preservation of the property or for securing satisfaction of the award.

      Sec.13.  The arbitrators may, on their own motion, and shall by request of a party to the arbitration:

      (a) At any stage of the proceedings submit any question of law arising in the course of the hearing for the opinion of the court, stating the facts upon which the question arises, and such opinion when given shall bind the arbitrators in the making of their award;

      (b) State their final award in the form of a conclusion of fact for the opinion of the court on the questions of law arising on the hearing.

      Sec.14.  The award of the arbitrators, or of a majority of them, shall be drawn up in writing and signed by the arbitrators or a majority of them; the award shall definitely deal with all matters of difference in the submission requiring settlement, but the arbitrators may, in their discretion, first make a partial award which shall be enforcible in the same manner as the final award; upon the making of an award, the arbitrators shall deliver a true copy thereof to each of the parties thereto, or their attorneys, without delay.

      Sec.15.  At any time within three months after the award is made, unless the parties shall extend the time in writing, any party to the arbitration may apply to the court for an order confirming the award, and the court shall grant such an order unless the award is vacated, modified, or corrected, as provided in the next two sections. Notice in writing of the motion must be served upon the adverse party, or his attorney, five days before the hearing thereof.

May require attendance

 

Fees

 

How subpena to issue

 

 

 

 

 

 

 

Depositions

 

 

May preserve property rights of arbitrators

 

 

 

 

 

 

 

 

 

 

Award to be signed

 

 

 

 

 

 

Court to confirm award


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ê1925 Statutes of Nevada, Page 12 (CHAPTER 7, SB 7)ê

 

 

 

 

Court to vacate award

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court to modify award

 

 

 

 

 

 

 

Notice to vacate, modify, or correct

 

 

 

 

 

Judgment, when entered

 

Papers to be filed

the motion must be served upon the adverse party, or his attorney, five days before the hearing thereof.

      Sec.16.  In any of the following cases the court shall, after notice and hearing, make an order vacating the award upon the application of any party to the arbitration:

      (a) Where the award was procured by corruption, fraud or other undue means.

      (b) Where there was evident partiality or corruption in the arbitrators, or either of them.

      (c) Where the arbitrators were guilty of misconduct, in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence, pertinent and material to the controversy; or of any other misbehavior, by which the rights of any party have been prejudiced.

      (d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

      Where an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.

      Sec.17.  In any of the following cases, the court shall after notice and hearing make an order modifying or correcting the award, upon the application of any party to the arbitration:

      (a) Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.

      (b) Where the arbitrators have awarded upon a matter not submitted to them.

      (c) Where the award is imperfect in a matter of form, not affecting the merits of the controversy.

      The order must modify and correct the award, so as to effect the intent thereof.

      Sec.18.  Notice of a motion to vacate, modify or correct an award shall be served upon the adverse party, or his attorney, within three months after an award is filed or delivered, as prescribed by law for service of notice of motion in an action. For the purpose of the motion any judge who might make an order to stay the proceedings, in an action brought in the same court, may make an order to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.

      Sec.19.  Upon the granting of an order, confirming, modifying, correcting or vacating an award, judgment or decree shall be entered in conformity therewith.

      Sec.20.  The party moving for an order confirming, modifying, correcting or vacating an award, shall at the time such motion is filed with the clerk, file, unless the same have theretofore been filed, the following papers with the clerk:

      (a) The written contract or a verified copy thereof containing the agreement for the submission; the selection or appointment of the arbitrator or arbitrators, and each written extension of the time, if any, within which to make the award.


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

ê1925 Statutes of Nevada, Page 13 (CHAPTER 7, SB 7)ê

 

containing the agreement for the submission; the selection or appointment of the arbitrator or arbitrators, and each written extension of the time, if any, within which to make the award.

      (b) The award.

      (c) Every notice, affidavit and other paper used upon an application to confirm, modify, correct or vacate the award, and each order made upon such an application.

      The judgment or decree shall be entered as if it were rendered in an action.

      Sec.21.  The judgment or decree so entered shall have the same force and effect in all respects as, and be subject, to all the provisions of law relating to a judgment or decree; and it may be enforced as if it had been rendered in the court in which it is entered.

      Sec.22.  An appeal may be taken from the final judgment or decree entered by the court.

      Sec.23.  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.24.  This act may be cited as the Uniform Arbitration Act.

      Sec.25.  All acts or parts of acts inconsistent with this act are hereby repealed.

 

 

 

 

 

 

 

Judgment, force of

 

 

 

Appeal

 

Construction of act

 

How cited

 

________

 

CHAPTER 8, AB 5

[Assembly Bill No. 5–Mr. Green]

 

Chap. 8–An Act to amend an act entitled “An act creating the office of inspector of mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909, and all acts amendatory thereof or supplementary thereto.

 

[Approved February 10, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of said act is hereby amended to read as follows:

      Section  5.  Said state inspector shall have full power and authority at all hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspector to have full power to enter all mine workings


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ê1925 Statutes of Nevada, Page 14 (CHAPTER 8, AB 5)ê

 

 

 

 

 

Inspector to serve or post notice

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Noncompliance with notice, how prosecuted

the inspector such assistance as may be required by the inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines; and whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the inspector shall find the same to be in unsafe condition, he shall at once serve, or cause to be served, and post or cause to be posted, in a conspicuous place upon the gallows frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, as prescribed in section 42 of this act; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the inspector’s requirements, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

      Sec.2.  Section 8 of said act is hereby amended so as to read as follows:

      Section 8.  It shall be the duty of the inspector of mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings, notified of the unsafe or dangerous condition of such mine, promptly to comply with the requirements of the notice served upon him, to at once notify the attorney-general of such neglect or refusal, and the attorney-general or the district attorney of the county in which said mine is situated, at the instigation of the attorney-general, must thereupon immediately commence action in the name of the state against the party so notified for the enforcement of the penalty hereinafter mentioned in section 42 of this act in any court of competent jurisdiction.

      Sec.3.  Section 42 of said act is hereby amended so as to read as follows:

      Section 42.  Any owner, agent, manager, or lessee, whether individual, partnership or corporation, operating a mine or mine workings in this state, or any workman or other employee thereof, who fails to comply with, or violates the provisions of this act set forth, or either or any thereof, shall be deemed guilty of a misdemeanor, and, when not otherwise herein provided, shall be punishable by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period of not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.


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

ê1925 Statutes of Nevada, Page 15 (CHAPTER 8, AB 5)ê

 

the provisions of this act set forth, or either or any thereof, shall be deemed guilty of a misdemeanor, and, when not otherwise herein provided, shall be punishable by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period of not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment. Each separate provision not complied with and each day after conviction of failure to comply with any provision thereof, shall be deemed a separate offense and punished accordingly.

Misdemeanor for noncompliance

 

________

 

CHAPTER 9, AB 26

[Assembly Bill No. 26–Mr. Green]

 

Chap. 9–An Act to amend an act entitled “An act to amend certain sections 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,” as amended March 25, 1913.

 

[Approved February 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 836 of said act (Revised Laws section 5778) is hereby amended so as to read as follows:

      Section 836.  The justice must tax and include in the judgment the costs allowed by law to the prevailing party. The party in whose favor judgment is rendered and who claims his costs must deliver to the justice, and serve a copy upon the adverse party, within two days after the verdict or notice of the decision of the justice, or such further time as may be granted, a memorandum of the items of his costs and necessary disbursements in the action, which memorandum must be verified by the oath of the party or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct and that the disbursements have been necessarily incurred in the action. He shall be entitled to recover the witness fees, although at the time he may not have actually paid them. Issuance or service of subpena shall not be necessary to entitle the prevailing party to tax as costs witness fees and mileage, providing that such witnesses be sworn and testify in the cause. It shall not be necessary to embody in the memorandum the fees of the justice, but the justice shall add the same according to his fees fixed by statute. Within two days after service of a copy of the memorandum, the adverse party may move the court, upon two days’ notice, to retax and settle the costs, a copy of which notice of motion shall be filed and served upon the prevailing party claiming costs, and thereupon the justice shall settle the costs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Costs must be included in the judgment


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

ê1925 Statutes of Nevada, Page 16 (CHAPTER 9, AB 26)ê

 

 

the costs. If the judgment is entered by default it shall not be necessary to make service of a copy of the cost bill.

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

 

________

 

CHAPTER 10, AB 27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Person making false affidavit guilty of perjury

 

 

 

 

None but real name may be used

 

 

 

 

 

 

Penalty

[Assembly Bill No. 27–Mr. Klaus]

 

Chap. 10–An Act making it unlawful to make, execute or sign any false or fictitious affidavit, complaint or deposition in writing, or to sign any other than the true name of the party making any affidavit, complaint, deposition or other instrument in writing for the purpose of securing a warrant of arrest, or a search warrant, for the seizure of any property or effects in the possession of any other person, and providing penalties for the violation thereof.

 

[Approved February 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Every person who shall make, execute, or sign, or shall cause to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, shall be guilty of perjury.

      Sec.2.  Any person who shall make, execute or sign, or shall cause to be made, executed or signed, any affidavit, complaint or other instrument, in writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and shall sign the same by any other name than his or her true name, shall be guilty of perjury.

      Sec.3.  Any person convicted of a violation of any of the acts or offenses defined or set out in sections 1 or 2 of this act shall, upon conviction thereof, be punished by imprisonment in the state prison for a term of not less than one (1) nor more than fourteen (14) years.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 17ê

CHAPTER 11, AB 33

[Assembly Bill No. 33–Mr. Klaus]

 

Chap. 11–An Act to amend “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, by adding thereto an additional section, to be known as section 195 1/2.

 

[Approved February 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby amended by adding thereto an additional section, to be known as section 195 1/2, which said section 195 1/2 shall be as follows:

      Section 195 1/2.  Any person who shall willfully and lewdly commit any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony.

 

 

 

 

 

 

 

 

 

 

 

New section added

 

 

Lewd act may be felony

 

 

________

 

CHAPTER 12, SB 11

[Senate Bill No. 11–Senator Smith]

 

Chap. 12–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 February 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 35 (being section 4977, Revised Laws of Nevada, 1912), of the above-entitled act is hereby amended to read as follows:

      Section 35.  If the person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, and action may be commenced by his representatives, after the expiration of that time, and within one year from his death. If a person against whom an action may be brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against his executors or administrators after the expiration of that time, and within one year after the issuing of letters testamentary or of administration; provided, the final account of such executor or administrator in the estate of such decedent be not sooner filed, and that a claim therefor be presented as required by the law governing estates of deceased persons; provided further, that no real estate of a deceased person shall be liable for his debts other than recorded incumbrances,

 

 

 

 

 

 

 

 

 

 

 

 

 

Death before expiration of limitation, effect


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

ê1925 Statutes of Nevada, Page 18 (CHAPTER 12, SB 11)ê

 

 

 

 

Proviso

estate of a deceased person shall be liable for his debts other than recorded incumbrances, unless letters testamentary or of administration be granted within three years from the date of the death of such decedent, any law to the contrary notwithstanding; and provided, that in the case of persons who died prior to the effective date of this section, July 1, 1925, suits to subject such real estate to the payment of the debts of such deceased persons, if not already barred, shall not be barred hereby prior to the expiration of one year from the effective date of this section.

 

________

 

CHAPTER 13, SB 5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Primary election law

 

Words and phrases defined and construed

[Senate Bill No. 5–Senator Getchell]

 

Chap. 13–An Act to amend sections 1 and 31 of an act entitled “An act amending an act entitled ‘An act regulating the nomination of candidates for public office in the State of Nevada,’ approved March 23, 1917, and set forth in volume 3, Revised Laws of Nevada, 1919, at pages 2713 to 2723, and as further amended and approved March 28, 1921,” and repealing all acts and parts of acts in conflict with this act.

 

[Approved February 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended to read as follows:

      Section 1.  The words and phrases of this act shall, unless such construction be inconsistent with the context, be construed as follows:

      (a) The words “November election,” the regular general election for the election of state and county officers held on the first Tuesday after the first Monday in November of each even-numbered year.

      (b) The words “primary” and “primary election” shall mean the election on the first Tuesday in September at which candidates are nominated for the November election.

      (c) The words “judicial officers,” any justice of the supreme court, any judge of a district court, or any justice of the peace; and the words “judicial office,” the office filled by any judicial officer.

      (d) The words “school officers,” the state superintendent of public instruction, the regents of the University of Nevada, members of county boards of education, school trustees, and high school trustees, and the words “school office,” any office filled by any school officer.

      (e) The words “township officer,” the constable, and the words “township office,” any office filled by such officer.

      (f) The word “precinct,” shall mean a district established by law within which qualified electors vote at one polling place.


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

ê1925 Statutes of Nevada, Page 19 (CHAPTER 13, SB 5)ê

 

      (g) A political party is an organization of voters qualified to participate in a primary election in either of the two following ways:

      First-Any organization of electors which, under a common name or designation at the last preceding November election, polled for any of its candidates equivalent to five per cent of the total vote cast for representative in Congress.

      Second-Any organization of electors which, under a common name or designation, shall file a petition, signed by qualified electors equal in number to at least five per cent of the entire vote cast at the last preceding November election for representative in Congress declaring that they represent a political party or principle, the name of which shall be stated, and that they desire to participate and nominate officers by primary. Said petition may also contain the platform of the party and shall be filed at least sixty days prior to the day of the primary. The names of the electors so petitioning need not all be on one petition, but may be in one or more petitions; but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.

      (h) This statute shall be liberally construed to the end that minority groups and parties shall have an opportunity to participate in the elections and that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof.

      Sec.2.  Section 31 of the above-entitled act is hereby amended to read as follows:

      Section 31.  Candidates for public office, other than party candidates, shall be nominated in the manner following:

      A certificate of nomination shall be signed by electors within the state, district, or political subdivision for which the candidates are to be presented, equal in number to at least five per cent of the entire vote cast at the last preceding general election in the state, district, or political subdivision for which the nomination is made; provided, that such certificate shall contain the signatures of at least five electors. Such signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such certificate shall swear that the statements therein made and the signatures therein set forth are true to the best of his knowledge and belief. The certificate of nomination herein provided shall state the name of the principle, if any, which the person nominated by petition represents, but in so doing the name of no political party as defined by this act existing at the last preceding general election shall be used.

      Such certificate of nomination for officers to be voted for by the electors of the entire state or by districts composed of two or more counties shall be filed with the secretary of state; all others shall be filed with the clerk of the county wherein the officers are to be voted for.

Words and phrases defined and construed

 

 

 

 

 

 

 

 

 

 

 

 

 

Act to be liberally construed

 

 

 

 

 

 

 

Independent or other nominations, how made


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

ê1925 Statutes of Nevada, Page 20 (CHAPTER 13, SB 5)ê

 

Where certificate shall be filed, and when

 

 

 

 

 

Same fees as party candidates

 

Judicial and school offices excepted

two or more counties shall be filed with the secretary of state; all others shall be filed with the clerk of the county wherein the officers are to be voted for.

      Such certificate of nomination provided in this section shall be filed at least thirty days before the primary election.

      No certificate of nomination shall contain the name of more than one candidate for each office to be filled.

      Every candidate nominated by petition shall, at the time of the filing of his petition or certificate, pay to the filing officer the same fee as is provided to be paid by candidates at the primary election of political parties as provided in section 7 of this act.

      No nomination for judicial or school office shall be under the provisions of this section, but all such candidates shall be nominated at the primary election.

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

 

________

 

CHAPTER 14, SB 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Old-age pension act repealed

 

 

Fund balances returned to counties

[Senate Bill No. 3–Ways and Means Committee]

 

Chap. 14–An Act to repeal an act entitled “An act providing for the protection and assistance of aged persons under certain conditions in the State of Nevada, and prescribing penalties for the violation of the provisions hereof, and making appropriation for the carrying out of its provisions,” approved March 5, 1923, and providing for return to counties of balance on hand in old-age pension fund.

 

[Became a law February 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That certain act entitled “An act providing for the protection and assistance of aged persons under certain conditions in the State of Nevada, and prescribing penalties for the violation of the provisions hereof, and making an appropriation for the carrying out of its provisions,” approved March 5, 1923, being chapter 70 of the Statutes of Nevada, 1923 (page 96), is hereby repealed.

      Sec.2.  Any balance remaining in the “Old-Age Pension Fund” upon the passage and approval of this act shall immediately thereafter be returned to the various counties in the same ratio as that in which it was contributed in 1924.

 

________

 

 


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ê1925 Statutes of Nevada, Page 21ê

CHAPTER 15, SB 31

[Senate Bill No. 31–Joint Ways and Means Committee]

 

Chap. 15–An Act to repeal an act entitled “An act creating a commission to be known as the Owyhee river development commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof,” approved March 21, 1921.

 

[Approved February 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  An act of the legislature of the State of Nevada entitled “An act creating a commission to be known as the Owyhee river development commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof,” approved March 21, 1921, is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Owyhee river commission act repealed

 

________

 

CHAPTER 16, SB 32

[Senate Bill No. 32–Senator Vencill]

 

Chap. 16–An Act concerning certain county offices and officers in the county of Churchill, State of Nevada, fixing the salaries and compensation thereof, and other matters properly relating thereto.

 

[Approved February 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after the first Monday in January, 1927, the offices of sheriff and assessor of Churchill County, Nevada, shall be consolidated and the sheriff shall be ex officio assessor of said county.

      Sec.2.  The sheriff and ex officio assessor and license collector shall receive the sum of twenty-four hundred dollars per annum, together with the mileage collected by him in civil cases and the mileage allowed by law in criminal cases, which shall be in full compensation for all services rendered. All fees, commissions and mileage authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time file with the county treasurer an itemized statement under oath of all such fees, commissions and mileage earned by him in his official capacity during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners. He shall be authorized to appoint one deputy, who shall act as deputy assessor and under-sheriff of said county, and who shall receive a salary of eighteen hundred dollars per annum.

      Sec.3.  The salaries herein provided shall be payable in twelve equal instalments as the salaries of other county officers are paid.

 

 

 

 

 

 

 

 

 

 

 

Churchill County offices consolidated

 

Salary and fees of sheriff and ex officio assessor

 

 

 

 

 

 

 

 

 

Salary paid monthly


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ê1925 Statutes of Nevada, Page 22 (CHAPTER 16, SB 32)ê

 

Repeal

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

 

________

 

CHAPTER 17, AB 52

 

 

 

 

 

 

 

 

 

 

 

Common towel defined

 

 

Unlawful to use common towel

 

Penalty

[Assembly Bill No. 52–Mr. Klaus]

 

Chap. 17–An Act making it unlawful to exhibit for use, or allow the use of a common towel in public places, when the same can be used by more than one person, and providing a penalty therefor.

 

[Approved February 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  A common towel is defined as any substance made of cloth or any other material used for the purpose of drying or cleansing the face, hands, or any other portion of the human body, which may be used by more than one person.

      Sec.2.  It shall be unlawful for any person owning, operating, or managing a public place of any kind or character to exhibit for use, or permit the use of a common towel, as described in section 1 of this act.

      Sec.3.  Any person convicted of violating the provision of this act shall be punished by a fine not exceeding $100 or imprisonment in the county jail for a period of not exceeding thirty days, or by both such fine and imprisonment.

 

________

 

CHAPTER 18, SB 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Brands, when recorded

[Senate Bill No. 17–Senator Vencill]

 

Chap. 18–An Act to amend “An act providing for the adoption, recording, rerecording, transfer, and use of brands and marks on horses, mules, asses, cattle and hogs; defining the duties and powers of the state board of stock commissioners in connection herewith; providing penalties for the violation thereof; and repealing certain acts; and other matters properly relating thereto,” approved February 19, 1923.

 

[Approved February 19, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  Any owner of a brand or brand and mark or marks of record under the provisions of this act, including brands or marks transferred under the terms of section 11 of this act, desiring to legally continue the use of the same beyond those dates shall, within sixty days prior to the first day of January, 1926, and within sixty days prior to the first day of January at the end of each five-year period thereafter,


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

ê1925 Statutes of Nevada, Page 23 (CHAPTER 18, SB 17)ê

 

to the first day of January at the end of each five-year period thereafter, make application to the board for the rerecording of the same, such application to be made in writing and accompanied by any rerecording fee set by the board in accord with the provisions of section 14 of this act. It shall be the duty of the board to notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of section 11 of this act, at least sixty days prior to January 1, 1926, and the first day of January at the end of each five-year period thereafter, of his or her or its right to rerecord the same as provided herein. Said notice shall be in writing and shall be sent by mail to each such owner at his or her or its last address of record in the office of the board and such notice shall be complete at the expiration of sixty days from the date of its mailing by the board. The board may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable. Any or all brands or brands and marks for the rerecording of which the owners have not applied as provided for herein by January 1, 1926, or by the first day of January of any five-year period succeeding that date, including all brands and marks of record as transferred as provided in section 11 of this act, shall be deemed abandoned and no longer of legal record as provided for by this act. Brands or brands and marks thus abandoned shall be awarded or recorded by the board to persons other than those abandoning same until one year shall have elapsed from date of such abandonment and the awarding and recording of abandoned brands or brands and marks to any person shall be in accord with the terms of this act.

      The board shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with a certificate setting forth the fact of such rerecordation.

 

 

 

Board to notify owner

 

 

 

 

 

 

 

Board to advertise rerecording period

 

 

 

 

 

 

 

 

Board to furnish certificate

 

________

 

CHAPTER 19, SB 14

[Senate Bill No. 14–Senator Cowles]

 

Chap. 19–An Act for the relief of the Reno National bank.

 

[Approved February 21, 1925]

 

      Whereas, Under the provisions of an act entitled “An act relating to revenue and taxation, providing for a license tax upon all corporations organized under the laws of the State of Nevada, and all foreign corporations doing business in the State of Nevada, and providing a penalty for violation of the provisions of this act,” approved March 21, 1923, the governor of the State of Nevada was required to publish for at least ten days a complete list of the names of all corporations which had failed to pay the annual corporation tax by said act required in at least two daily papers of general circulation within this state; and

 

 

 

 

 

 

Preamble


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

ê1925 Statutes of Nevada, Page 24 (CHAPTER 19, SB 14)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $5,445

 

Duties of controller and treasurer

      Whereas, Pursuant to such legislative requirement, the governor of Nevada caused to be published for a period of ten days in the Nevada State Journal, a daily paper of general circulation published in the city of Reno, county of Washoe, State of Nevada, a complete list of the names of all defaulting corporations together with the amount of license tax, penalties and costs remaining unpaid; and

      Whereas, Said list for the ten publications thereof contained ten thousand eight hundred ninety (10,890) column inches, for which a charge was made therefor by the said Nevada State Journal of fifty cents (50¢) per column inch per insertion making a total charge of five thousand four hundred forty-five dollars ($5,445); and

      Whereas, Said charge of the said Nevada State Journal was four thousand six hundred fifty-three dollars ($4,653) less than the legal rate; and

      Whereas, The said Nevada State Journal assigned its claim against the State of Nevada for five thousand four hundred forty-five dollars ($5,445) to the Reno National bank, a banking corporation of Reno, Nevada, for its full face value; and

      Whereas, The said the Reno National bank purchased said claim from the Nevada State Journal in good faith and for a valuable consideration; and

      Whereas, By reason of the failure in the aforesaid act to make an appropriation for the payment of said claim of the said Nevada State Journal, that the State of Nevada has been unable to legally pay the same; and

      Whereas, The State of Nevada derived a large revenue by reason of the aforesaid publication in the said Nevada State Journal; and

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

 

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

Assembly, do enact as follows:

 

      Section1.  That the sum of five thousand four hundred forty-five dollars ($5,445) is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated for the payment of the said claim.

      Sec.2.  The state controller is hereby directed to draw his warrant in favor of the Reno National bank for the said sum of five thousand four hundred forty-five dollars ($5,445), and the state treasurer is hereby directed to pay the same.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 25ê

CHAPTER 20, SB 18

[Senate Bill No. 18–Senator Vencill]

 

Chap. 20–An Act to repeal “An act to amend ‘An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,’ approved March 26, 1915,” approved March 5, 1923.

 

[Approved February 21, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby expressly repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 21, SB 24

[Senate Bill No. 24–Senator Getchell]

 

Chap. 21–An Act to repeal an act entitled “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.

 

[Approved February 21, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That that certain act entitled “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, be and the same is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 22, AB 6

[Assembly Bill No. 6–Elko County Delegation]

 

Chap. 22–An Act for the relief of Andrew J. McDermott.

 

[Approved February 23, 1925]

 

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

      Whereas, The said Andrew J. McDermott, while so confined as a juror, became ill and through no fault of his own but through the fault of certain

 

 

 

 

 

 

Preamble


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

ê1925 Statutes of Nevada, Page 26 (CHAPTER 22, AB 6)ê

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $2,632.80

 

 

 

 

No liability created or admitted

but through the fault of certain court officials of said court, fell from one of the windows of the jury-room in said court-house to the cement walk below, causing fractures of several bones of his body; and

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

      Whereas, The grand jury of the county of Elko, State of Nevada, in regular session assembled on the 4th day of February, 1922, found that it was no fault of the said Andrew J. McDermott that said injuries were sustained, and recommended relief to said Andrew J. McDermott to the extent of $2,632.80; and

      Whereas, The said claim has been considered and acted upon by the state board of examiners; and

      Whereas, It appears to this body that said Andrew J. McDermott is entitled to the relief recommended by the grand jury of Elko County, Nevada; now therefore

 

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

Assembly, do enact as follows:

 

      Section1.  The state controller is hereby directed to draw his warrant in favor of the said Andrew J. McDermott in the sum of $2,632.80, and the state treasurer of the State of Nevada is directed to pay the same; provided, however, that the said Andrew J. McDermott shall execute a written release discharging the State of Nevada, the county of Elko, the state and county officers, and each of them from any and all further liability, claim, or demand, arising, or which might arise, by reason of said injuries so suffered by him, and acknowledging settlement in full.

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

 

________

 

 


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

ê1925 Statutes of Nevada, Page 27ê

CHAPTER 23, AB 15

[Assembly Bill No. 15–Washoe County Delegation]

 

Chap. 23–An Act authorizing and directing the board of county commissioners of Washoe County, Nevada, to levy, for the fiscal years 1925 and 1926, an ad valorem tax of 20 cents on each one hundred dollars of taxable property in Washoe County, Nevada, for the purpose of assisting in defraying the cost and expenses of an exposition to be held at Reno, Washoe County, Nevada, during the year 1926, and known as the “1926 Nevada Transcontinental Highways Exposition”; authorizing said county commissioners to appoint a board of governors of said exposition; defining and prescribing the duties of said board of governors; establishing a fund to be known as the “1926 Nevada Transcontinental Highways Exposition Fund,” and providing the method by which all moneys shall be drawn therefrom, and disposing of any balance remaining in said fund after the payment of all expenses of said exposition.

 

[Approved February 23, 1925]

 

      Whereas, The State of Nevada contemplates holding an exposition at Reno, Washoe County, Nevada, during the year 1926, in celebration and commemoration of the completion of the transcontinental highways, which said exposition is to be known as, and called the 1926 Nevada transcontinental highways exposition; and

      Whereas, The said exposition will possess great educational values for the State of Nevada, and for Washoe County, Nevada, and will be of great benefit to this state and particularly to the county of Washoe in which county said exposition is to be held as aforesaid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  That for the purpose of assisting in defraying the expenses of holding an exposition in Reno, Nevada, during the year 1926, to be known as the 1926 Nevada transcontinental highways exposition, the board of county commissioners of the county of Washoe, State of Nevada, are hereby authorized and directed to levy, for the fiscal years commencing January 1, 1925, and January 1, 1926, an ad valorem tax of 20 cents on each one hundred dollars of taxable property in the county of Washoe, State of Nevada, and the officers now charged by law with the duty of collecting state and county taxes in the said county of Washoe, State of Nevada, are hereby authorized and directed to collect the aforesaid ad valorem tax of 20 cents on each one hundred dollars of taxable property in said county, except such property as is exempt by law from taxation, and the proceeds of such tax shall be placed in a special fund in the county treasury to be known as the 1926 Nevada transcontinental highways exposition fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Ad valorem tax of 20 cents levied for 1925 and 1926


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

ê1925 Statutes of Nevada, Page 28 (CHAPTER 23, AB 15)ê

 

 

County commissioners to appoint board of governors

 

 

 

 

 

 

 

 

 

 

Purpose for which moneys derived must be used

 

 

 

 

 

 

 

 

 

 

Duties of board of governors

      Sec.2.  The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and directed to appoint eleven citizens of the State of Nevada to act as a board of governors for an exposition to be held in the city of Reno, Washoe County, Nevada, during the year 1926, which shall be known as the “1926 Nevada Transcontinental Highways Exposition.” It shall be the duty of the aforesaid board of governors to arrange for and supervise the preliminary work for holding said exposition, to supervise and direct the construction of all of the buildings to be used thereat (other than those otherwise provided for by law), to contract for and supervise the improvement of the grounds, and to select the dates during which said exposition shall be held, to select the site of said exposition and to manage and direct the said exposition, and to do all things necessary for the holding of the same. The said appointment of said board of governors shall be made by said county commissioners within ten days after the approval of this act.

      Sec.3.  The moneys to be derived from the collection of the tax referred to in section 1 hereof shall be paid out and disbursed for the purpose of defraying the expenses of erecting buildings, erecting bridges and approaches to the grounds, improving the grounds, advertising the said exposition and otherwise defraying the expenses of holding the said exposition, and for no other purpose. Upon presentation of an order signed by a majority of the board of governors of said 1926 Nevada transcontinental highways exposition to the board of county commissioners of Washoe County, the said board of county commissioners shall allow a claim providing for the payment of the amount of money specified in said order of said majority of the members of said board of governors, and the county auditor shall draw a warrant for said amount and the said warrant shall be paid by the county treasurer out of the aforesaid 1926 Nevada transcontinental highways exposition fund; and no money shall be drawn out of said fund, or paid by said county treasurer from said fund in any manner other than as herein specified.

      Sec.4.  It shall be the duty of the board of governors of the said 1926 Nevada transcontinental highways exposition to report in writing to the board of county commissioners, at each regular monthly meeting of said board of county commissioners, the amounts and purposes for which all disbursements have been made out of the aforesaid fund; and unless the said report in writing of the amounts and purposes of all of the expenditures during the preceding month is made to the board of county commissioners at its regular monthly meeting, no moneys shall be authorized thereafter until the same has been done.

      Sec.5.  If, after the payment of all bills at the close of said exposition, there shall be any balance remaining in the aforesaid 1926 Nevada transcontinental highways exposition fund, the said balance so remaining shall be transferred to the general fund of Washoe County, and thereafter used and drawn upon for general county purposes.


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

ê1925 Statutes of Nevada, Page 29 (CHAPTER 23, AB 15)ê

 

of said exposition, there shall be any balance remaining in the aforesaid 1926 Nevada transcontinental highways exposition fund, the said balance so remaining shall be transferred to the general fund of Washoe County, and thereafter used and drawn upon for general county purposes.

      Sec.6.  This act shall take effect immediately.

Any balance to go into general fund

 

 

In effect

 

________

 

CHAPTER 24, AB 42

[Assembly Bill No. 42–Mr. Phillips]

 

Chap. 24–An Act to amend section 4 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887,” as amended March 16, 1895.

 

[Approved February 23, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  Sample assays for gold or silver shall be made, and when the value per ton exceeds five dollars in gold, the returns shall state the fact thus, “Test for gold.” And when the value per ton exceeds five dollars in silver, the returns shall state the fact thus, “Test for silver”; except that exact determinations of gold and silver values shall be made when required for the state bureau of mines work and investigations.

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to assays at state university

 

________

 

CHAPTER 25, AB 44

[Assembly Bill No. 44–Mr. Buol]

 

Chap. 25–An Act to amend section 1 of an act entitled “An act to amend section 1 of an act entitled ‘An act relating to the location, relocation, manner of recording lode and placer claims, millsite, tunnel rights, amount of work necessary to hold possession of mining claims and the rights of coowners therein,’ approved March 16, 1897, and all subsequent amendments thereof; said section being section 2422 of the Revised Laws of Nevada, 1912,” approved April 1, 1919, and by adding a section thereto to be known as section 1a.

 

[Approved February 23, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of said act is hereby amended to read as follows:

      Section 1.  Any person, a citizen of the United States or one who has declared his intention to become such, who discovers a vein or lode, may locate a claim upon such vein or lode by defining the boundaries of the claim in the manner hereinafter described,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How to locate


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

ê1925 Statutes of Nevada, Page 30 (CHAPTER 25, AB 44)ê

 

No more than six claims to any one locator

 

Proviso

 

 

 

 

 

 

What location notice must contain

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

Locator may abandon claims and file on others

lode by defining the boundaries of the claim in the manner hereinafter described, and by posting a notice of such location at the time and point of discovery, which notice must be posted upon one of the several monuments prescribed in section 2 of this act; provided, that from and after the passage of this act it shall be unlawful for any qualified locator to locate, in any mining district of this state, more than six (6) lode claims: provided, that in cases where there exists an intervening distance of four miles or more, between a proposed location and claims already located, the same qualified locator or locators may locate an additional claim or claims, in the number and in the manner above set forth; provided further, that the location notice above provided for must contain:

      First-The name of the lode or claim;

      Second-The name and citizenship qualifications of the locator or locators;

      Third-The date of the location;

      Fourth-The number of linear feet claimed in the length along the course of the vein, each way from the point of discovery, with the width claimed on each side of the center of the vein and the general course of the lode or vein, as near as may be;

      Fifth-A declaration by the locator or locators that the claim so located, does not, with any other lode claim or claims located by the locator or either or any of the locators, as the case may be, in the same mining district or within an intervening distance of four miles or more between any previously located claim or claims by the said locator or locators, exceed six (6) claims in number; provided, that where a claim or claims located within the limits of this act has been abandoned as provided for in section 1a of this act, the declaration herein provided for shall so set out such facts to bring the claim or claims located within the limits of this act.

      Sec.2.  The above-entitled act is hereby amended by adding thereto an additional section to be known as section 1a.

      Section 1a.  Any locator or locators may, at any time after the location, abandon, in the manner hereinafter provided, one or more of said claims and thereafter locate another, or others, not in excess of the number limited by this section, by filing with the mining recorder of the district wherein such claim or claims may be situated, or in absence of such district recorder with the county recorder of the county in which such claim or claims may be located, a statement of such abandonment, intelligently referring to the name, location, and date of location of the claim or claims intended to be abandoned. It shall be the duty of the respective district or county recorders of the State of Nevada, when any such notice of abandonment shall be received by or filed with them, to record the same in such the same manner as mining locations are recorded, and such district or county recorder, as the case may be, shall render the service herein provided for without compensation.


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

ê1925 Statutes of Nevada, Page 31 (CHAPTER 25, AB 44)ê

 

the case may be, shall render the service herein provided for without compensation.

 

________

CHAPTER 26, AB 45

[Assembly Bill No. 45–Mr. Fanatia]

 

Chap. 26–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 February 23, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 295 (being section 5237, Revised Laws of Nevada, 1912), of the above-entitled act is hereby amended to read as follows:

      Section 295.  An action may be dismissed, or a judgment of nonsuit entered, in the following cases:

      1.  By the plaintiff himself at any time before trial, upon the payment of costs, if a counterclaim has not been made or affirmative relief sought by the cross-complaint or answer of the defendant. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon.

      2.  By either party upon the written consent of the other.

      3.  By the court when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal.

      4.  By the court when upon trial and before the final submission of the case the plaintiff abandons it.

      5.  By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the court or jury. The dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk’s register. Judgment may thereupon be entered accordingly. In every other case the judgment shall be rendered on the merits.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action dismissed or non-suit entered, by whom

________

CHAPTER 27, SB 40

[Senate Bill No. 40–Senator Scott]

 

Chap. 27–An Act to repeal “An act to provide revenue for the support of the government of the State of Nevada, to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection and to direct the disposition of its proceeds, to provide for the enforcement of liens created by this act, and for suits to quiet title against claims of lien arising hereunder,” approved March 16, 1913.

 

[Approved February 23, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________


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

ê1925 Statutes of Nevada, Page 32ê

CHAPTER 28, SB 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney of Churchill County

[Senate Bill No. 42–Senator Vencill]

 

Chap. 28–An Act to amend an act entitled “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 26, 1919.

 

[Approved February 23, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  The district attorney shall receive a salary of eighteen hundred dollars per annum, and shall also be allowed his actual expenses when called from the county-seat and in the discharge of the official duties of district attorney.

 

________

 

CHAPTER 29, SB 12

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $10,000

 

 

 

 

 

 

 

 

 

County commissioners to prepare bonds

[Senate Bill No. 12–Senator Getchell]

 

Chap. 29–An Act to authorize the board of county commissioners of Lander County, Nevada, to issue bonds to provide aid in improving the Victory highway in the county of Lander, and other matters properly connected therewith.

 

[Approved February 24, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of aiding the department of highways of the State of Nevada in constructing and improving route 1 of the state highway system in Lander County, known as the Victory highway, the board of county commissioners of Lander County, Nevada, is hereby authorized, empowered and directed to issue bonds in the name of and for said Lander County in the aggregate sum of ten thousand ($10,000) dollars, exclusive of interest. Said bonds shall be known as “Lander County Victory Highway Bonds,” and the proceeds of the sale of said bonds shall be used in aiding the construction and improvement of the Victory highway east of Battle Mountain, Nevada.

      Sec.2.  Upon being notified by the department of highways of the State of Nevada that it is ready to proceed with the work of constructing and improving the Victory highway in Lander County, the board of county commissioners of said Lander County is hereby authorized, directed and required to cause said bonds to be prepared, and they shall be signed by the chairman of the board of county commissioners of Lander County and the county clerk and the county treasurer, and authenticated with the seal of the county.


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

ê1925 Statutes of Nevada, Page 33 (CHAPTER 29, SB 12)ê

 

sioners of Lander County and the county clerk and the county treasurer, and authenticated with the seal of the county. Coupons representing the several instalments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds. Said bonds shall be numbered consecutively. The interest coupons shall be signed by the chairman of the board of county commissioners and the treasurer, or the printed facsimile signatures of said officials may be imprinted thereon.

      Sec.3.  The board of county commissioners of Lander County is authorized and directed to negotiate the sale of the bonds herein provided for all at one time, or in such amounts as may be required from time to time to comply with the tenor of this act, to the highest responsible bidder, at not less than the par value thereof, after advertising for sealed bids for the same in one or more papers published in Lander County for a period of not less than two weeks preceding the date of the opening of said bids. The proceeds of the sale of said bonds, or any of them, shall be placed in what is known as the “County-State Highway Fund,” which shall be used for the purpose of carrying out the provisions and purposes of this act. Payments from said fund shall be made only on warrants drawn by the county treasurer of said county, in payment of the obligations incurred under this act and on demands made and certified by the department of highways of the State of Nevada.

      Sec.4.  The said bonds shall be in denominations of five hundred dollars ($500) each, and shall bear interest at the rate of six per cent (6%) per annum, said interest payable semiannually on the second Monday of January and July of each year following the issuance of the bonds; and said bonds shall be callable at any time six months after the date of their issuance by notice given by the board of county commissioners of Lander County, said notice to be published in one or more newspapers of Lander County for a period of two weeks prior to the retirement date. Said bonds shall be redeemed and satisfied in the order of their issuance, the lowest numbered bonds being first redeemed and in no case shall any of such bonds run for a longer period than ten years. Said bonds shall be redeemed from and the interest on said bonds shall be paid from the funds now provided for by section 3, chapter 210, Statutes of Nevada, 1923 session laws, and amending section 11 of “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, which said fund is now designated as the “County-State Highway Fund.” The board of county commissioners of Lander County, Nevada, are hereby authorized and directed to retire said bonds as rapidly as the funds of the “County-State Highway Fund” will permit.

 

 

 

 

 

 

 

Bonds to be sold to highest responsible bidder

 

 

 

 

 

 

 

 

 

Bonds to bear six per cent interest


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

ê1925 Statutes of Nevada, Page 34 (CHAPTER 29, SB 12)ê

 

Faith of state pledged

      Sec.5.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed omitted until all the bonds and interest coupons issued thereunder shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 30, AB 31

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Children instructed relative to birds, fish, and game

[Assembly Bill No. 31–Mr. Green]

 

Chap. 30–An Act to amend section 108 of an act entitled “An act concerning public schools, and repealing certain acts in relation thereto,” approved March 20, 1911.

 

[Approved February 25, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 108 of the above-entitled act is hereby amended so as to read as follows:

      Section 108.  It is hereby made the duty of each and every teacher in the public schools of this state to give oral instructions, at least once a month, to all children attending such schools relative to the preservation of song birds, fish and game, and to teach and explain to such children of suitable ages, at least twice each school year, the fish and game laws of the State of Nevada. The text for such teaching may be authorized and prescribed by the state superintendent of public instruction, and shall be distributed in the same manner as other school text-books are provided and distributed.

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

 

________

 

CHAPTER 31, AB 43

 

 

 

 

 

 

 

 

 

 

 

 

 

Assault and battery defined

[Assembly Bill No. 43–Committee on Judiciary]

 

Chap. 31–An Act to amend section 149 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911; being section 6414, Revised Laws, 1912.

 

[Approved February 25, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 149 of the above-entitled act is hereby amended to read as follows:

      Section 149.  Assault and battery is any wilful and unlawful use of force or violence upon the person of another, and a person duly convicted thereof shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail for a term not exceeding six months.

________


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

ê1925 Statutes of Nevada, Page 35ê

CHAPTER 32, SB 16

[Senate Bill No. 16–Senator Bulmer]

 

Chap. 32–An Act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of boards of county commissioners in every county.

 

[Approved February 25, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The boards of county commissioners of the several counties in the State of Nevada are hereby authorized and permitted to levy, in addition to the taxes now levied by law for other purposes than these herein provided, a tax not exceeding two cents on the hundred dollars of the assessed valuation of the property of their respective counties to be levied and collected as now provided by law for the assessment and collection of taxes, for the purpose of creating a fund for the relief of the needy blind of their respective counties.

      Sec.2.  A needy blind person shall be construed to be any person who, by reason of loss or impairment of eyesight, is unable to provide himself, or herself, with the necessities of life, and who has not sufficient means of his or her own to enable him or her to maintain himself or herself.

      Sec.3.  A needy blind person in order to receive relief under this act must be a resident of this state at the time this act takes effect, or become blind while a resident of this state, and shall be a resident of the county one year next preceding the date of the application provided for herein.

      Sec.4.  All persons claiming relief under this act shall file, at least 10 days prior to action on said claims, with the clerk of the board of county commissioners, a duly verified statement of the facts bringing him or her within the provisions of this act. The list of claims shall be filed in the order of filing, in a book furnished for that purpose, with the board of county commissioners and which record shall be open to the public. No certificate for drawing money under this act shall ever be granted until the board of county commissioners shall be satisfied, from the evidence of at least two respectable and reputable citizens, residents of said county, one of whom shall be a duly and regularly licenses practicing physician, that they know the applicant to be blind, or whose eyesight is so impaired as to come under the provisions of this act, and that he or she has the residential qualifications to entitle him or her to the relief asked for, which evidence will be in writing, subscribed by such witnesses, subject to the right of cross-examination by the board of county commissioners or other persons. If the board of county commissioners is satisfied upon such testimony that the applicant is entitled to relief thereunder, they shall issue an order therefor, in such sum as they find necessary, not to exceed three hundred dollars per annum, to be paid quarterly out of the fund herein provided for on the warrant of the county auditor, and such relief shall be in lieu of any other relief of a public nature.

 

 

 

 

 

 

 

 

 

 

 

Tax to provide funds for needy blind

 

 

 

 

 

Needy blind person defined

 

 

Must be resident of state

 

 

Duties of person claiming relief


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

ê1925 Statutes of Nevada, Page 36 (CHAPTER 32, SB 16)ê

 

 

 

 

 

County commissioners may increase or decrease allowance

 

 

 

 

Penalty for false statement

 

County commissioners to adopt rules

 

 

 

In effect

an order therefor, in such sum as they find necessary, not to exceed three hundred dollars per annum, to be paid quarterly out of the fund herein provided for on the warrant of the county auditor, and such relief shall be in lieu of any other relief of a public nature.

      Sec.5.  The board of county commissioners shall annually examine as to qualifications of any one on the blind list and increase or decrease the allowance within the statutory limits, or if said board is not satisfied that any person so on the list is qualified to draw any money said board shall entirely remove him or her from the list and shall forthwith notify the auditor of such action.

      Sec.6.  The board of county commissioners shall at each regular meeting inspect all applications on file with the clerk of the board.

      Sec.7.  Any person who shall make any false statement in order to secure for himself or herself, or another, the benefit herein provided, shall be guilty of perjury.

      Sec.8.  It is hereby declared to be the duty of the board of county commissioners in each county to adopt such rules and regulations to carry into effect the aims and purposes and objects of this act. It shall be competent for the board of county commissioners herein to appoint such person or persons, from time to time, to act for such board in carrying out the object or objects and purposes of this act, as may appear necessary.

      Sec.9.  This act for good cause shown shall be in effect immediately after its passage and approval.

 

________

 

CHAPTER 33, SB 36

 

 

 

 

 

 

Preamble

[Senate Bill No. 36–Ways and Means Committee]

 

Chap. 33–An Act for the relief of the Carson City News.

 

[Approved February 25, 1925]

 

      Whereas, Under the provisions of an act entitled “An act relating to revenue and taxation, providing for a license tax upon all corporations organized under the laws of the State of Nevada, and all foreign corporations doing business in the State of Nevada, and providing a penalty for violation of the provisions of this act,” approved March 21, 1923, the governor of the State of Nevada was required to publish for at least ten days a complete list of the names of all corporations which had failed to pay the annual corporation tax, by said act required, in at least two daily papers of general circulation within this state; and

      Whereas, Pursuant to such legislative requirement, the governor of Nevada caused to be published for a period of ten days in the Carson City News, a daily paper of general circulation published in Carson City, county of Ormsby, State of Nevada, a complete list of the names of all defaulting corporations together with the amount of license tax, penalties and costs remaining unpaid; and

 


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

ê1925 Statutes of Nevada, Page 37 (CHAPTER 33, SB 36)ê

 

of Nevada, a complete list of the names of all defaulting corporations together with the amount of license tax, penalties and costs remaining unpaid; and

      Whereas, Said list for the ten publications thereof contained ten thousand eight hundred ninety (10,890) column inches, for which a charge was made therefor by the said Carson City News of fifty cents (50c) per column-inch per insertion, making a total charge of five thousand four hundred forty-five dollars ($5,445); and

      Whereas, Said charge of the said Carson City News was four thousand six hundred fifty-three dollars ($4,653) less than the legal rate; and

      Whereas, The said claim has been considered and acted upon by the board of examiners; and

      Whereas, The members of this legislature are convinced that the said Carson City News is entitled to a reasonable sum for said publication and that the sum of fifteen hundred dollars ($1,500) is a reasonable and fair sum therefor; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  That the sum of fifteen hundred dollars ($1,500) is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated for the payment of the said claim.

      Sec.2.  The state controller is hereby directed to draw his warrant in favor of the Carson City News for the said sum of fifteen hundred dollars ($1,500) and the state treasurer is hereby directed to pay the same. The said sum to be in full payment of the said claim.

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $1,500

 

 

Duties of controller and treasurer

 

________

 

 


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

ê1925 Statutes of Nevada, Page 38ê

CHAPTER 34, AB 34

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $1,500

 

 

 

 

No diseased bees moved

 

 

 

 

 

 

 

Penalty

[Assembly Bill No. 34–Mr. Neeley]

 

Chap. 34–An Act to amend “An act to regulate, protect and encourage apiaries, creating a state apiary commission, defining its duties and powers, providing revenue for the support of same, providing penalties for the violation thereof; repealing an act entitled ‘An act to create the office of state inspector of apiaries, to provide for the appointment of state inspector of apiaries, and to define his duties and compensation; to prevent the dissemination of disease among apiaries, and to provide for a system of inspection of apiaries by the state inspector of apiaries, and the treatment and extermination of diseases therein; making appropriations for the expense of the office of state inspector of apiaries; providing penalties for the violation thereof, and repealing all other acts or parts of acts in relation thereto,’ approved March 15, 1917; and other matters properly relating thereto,” approved March 22, 1921.

 

[Approved February 25, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  For the purpose of making this act immediately operative there is hereby appropriated to the apiary inspection fund, out of any moneys in the state treasury not otherwise appropriated, the sum of fifteen hundred dollars, or so much thereof as may be necessary to be used for carrying out the provisions of this act.

      Sec.2.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 19.  It shall be unlawful for the owner, owners, lessee, lessees, agent or caretaker of any apiary, including appliances, structures, buildings and honey wherein disease exists, to move or distribute any diseased bees, be they queens or workers, colonies, honey-combs, appliances, or structures beyond the already established boundaries of such apiary wherein disease exists without written permission from the chief inspector or his deputies so to do.

      Sec.3.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  Any person or persons violating any of the provisions of this act shall be guilty of a gross misdemeanor and on conviction thereof be punished accordingly, and in addition shall be liable for penal damages for any injury done in twice the amount of the actual damage.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 39ê

CHAPTER 35, AB 53

[Assembly Bill No. 53–Mr. David]

 

Chap. 35–An Act to amend section 4 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917.

 

[Approved February 26, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  It shall be unlawful for any commissioner or any board of county commissioners, or any officer of the county to authorized, allow, or contract for any expenditure unless the money for the payment thereof is in the treasury and specially set aside for such payment. Any county commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney of the county wherein said commissioner or officer resides, upon the request of the attorney-general, or upon complaint of any interested party; provided, that the provisions of this section shall not apply to lawful advances for the support of county farm bureaus when such advances are reimbursable from the proceeds of any tax levied for such purpose; and provided further, that nothing in this act contained shall prohibit the board of county commissioners from using moneys in the general fund for road and highway purposes, in addition to the moneys in the road fund.

      Sec.2.  This act shall be in full force and effect immediately upon its passage, adoption, and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Unlawful to contract unless funds in treasury

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 36, Senate Substitute for Senate Bill No. 21

[Senate Substitute for Senate Bill No. 21–Senator Smith]

 

Chap. 36–An Act to amend the title of an act entitled “An act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls of their precincts in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith,” approved March 11, 1921, as amended and approved March 9, 1923, and to add a new section thereto.

 

[Approved February 28, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The title of the foregoing act is hereby amended to read as follows: “An act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended


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

ê1925 Statutes of Nevada, Page 40 (CHAPTER 36, Senate Substitute for Senate Bill No. 21)ê

 

 

 

 

 

 

 

Provisions of act to include all elections

for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith.”

      Sec.2.  The foregoing act is hereby further amended by adding a new section, to be known as section 16, reading as follows:

      Section 16.  The provisions of this act are hereby extended to include all municipal elections, and whenever in this act any duty is imposed upon, or any reference made to, the county clerk in connection with general, special or primary elections, all such duties shall be performed by, and all such references shall be construed to mean, the city clerk, whenever such duties or such references relate to municipal elections.

 

________

 

CHAPTER 37, SB 39

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of sale to be given

 

 

 

 

 

 

 

 

What notice must state

[Senate Bill No. 39–Senator Scott]

 

Chap. 37–An Act to amend sections 139 and 149 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved February 28, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 139 of the above-entitled act is hereby amended to read as follows:

      Section 139.  When a sale of real property is ordered and is to be made at public auction, notice of the time and place of holding the same shall be given by posting a copy in three of the most public places of the county in which the land is situated and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for three weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. When a sale of real property is ordered and is to be made at private sale, notice of the same must be given by posting a copy in three of the most public places of the county in which the land is situated, and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for two weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice; and the sale must not be made before that day, but must be made within six months thereafter.


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

ê1925 Statutes of Nevada, Page 41 (CHAPTER 37, SB 39)ê

 

that day, but must be made within six months thereafter. The bids or offers must be in writing and may be left at the place designated in the notice, or delivered to the executor or administrator personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the estate, the court or judge may, by an order, shorten the time of the notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice, in which case the notice of sale and the sale may be made to correspond with such order.

      Sec.2.  Section 149 of the above-entitled act is hereby amended to read as follows:

      Section 149.  When property is directed by the will to be sold, or authority is given in the will to sell the property, the executor, or the administrator with the will annexed, may sell any property of the estate without order of court, and at either public or private sale and with or without notice as such executor or administrator with the will annexed may determine; but such executor or administrator with the will annexed must make return of such sales as in other cases; and if direction are given in the will as to the mode of selling, or the particular property to be sold, such directions must be observed.

      No such sale shall be valid until confirmed by the court. All sales heretofore made pursuant to any direction or authority given in the will of any testator and confirmed by the court are hereby declared to be valid and effectual whether made pursuant to notice of sale or not.

      Sec.3.  This act shall take effect immediately.

 

Bids or offers must be in writing

 

 

 

 

 

 

 

 

 

 

Administrator may sell property

 

________

 

CHAPTER 38, SB 62

[Senate Bill No. 62–Senator Pittman]

 

Chap. 38–An Act to amend section 8 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved February 28, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The highways which are constructed or improved by the department of highways in accordance with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section eight of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government.

 

 

 

 

 

 

 

 

 

 

 

 

Highways defined


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

ê1925 Statutes of Nevada, Page 42 (CHAPTER 38, SB 62)ê

 

 

 

 

 

 

 

 

 

Route 1 defined

 

 

 

 

Route 1a defined

 

 

Route 2 defined

 

 

 

 

Route 2a defined

 

Route 2b defined

 

 

 

Route 3 defined

maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section eight of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows:

      Route 1.  Beginning at a point on the Nevada-Utah state line near Wendover, running thence in a westerly direction through the towns of Wells, Deeth, Halleck, Elko, Carlin, Battle Mountain, Golconda, Winnemucca, Imlay, Lovelock, Hazen, Fernley, and Wadsworth to the city of Reno, thence westerly through the town of Verdi and to the California-Nevada state line.

      Route 1a.  Beginning at a point on route 1 at or near Miriam; thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz.

      Route 2.  Commencing at a point on the dividing line between White Pine County and the State of Utah, at or near Ibapah, Utah, thence in a southwesterly direction to the city of Ely, thence westerly, passing through the towns of Eureka, Austin, Fallon, and Hazen, to a junction with route 1, as herein described, at a point between the town of Hazen and the town of Fernley.

      Route 2a.  Commencing at a point on route 2, at or near Leeteville, Churchill County, thence via Lahontan and Dayton to Carson City.

      Route 2b.  Commencing at a point in township 17 north, range 22 east, on the Leeteville-Carson road, near the Cardelli ranch; thence in a southeasterly direction to the Towle ranch, near Forth Churchill; thence southeasterly to the town of Wabuska; thence southerly to the city of Yerington.

      Route 3.  Commencing at the city of Reno; thence running southerly through the city of Carson City, thence westerly to Glenbrook on Lake Tahoe; thence in a southerly direction to the Nevada-California state line at or near Lakeside; beginning again at Carson City, thence to the town of Yerington by way of Minden, Gardnerville and Wellington, thence to the northerly end of Walker Lake by the most available and practicable route; thence along the west side of Walker Lake to the town of Hawthorne; thence to and through the towns of Luning, Mina, and Millers, to the town of Tonopah, thence southerly to the town of Goldfield; thence southwesterly, by way of Lida and Palmetto Canyon, to the Nevada-California state line.


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

ê1925 Statutes of Nevada, Page 43 (CHAPTER 38, SB 62)ê

 

      Route 4.  Commencing at the city of Ely and running in a general southwesterly direction to the town of Tonopah.

      Route 5.  Commencing at Goldfield and running southeasterly to Beatty, thence along or over the grade of the Las Vegas and Tonopah railway to Las Vegas, thence to Searchlight, and to a junction with the Arizona or California state highway system.

      Route 6.  Commencing at the Arizona line near Mesquite and running southwesterly over what is now known as the Arrowhead Trail, through Las Vegas and via Jean or Goodsprings to a junction with the California state highway system.

      Route 7.  Commencing at the city of Ely and running thence southerly through Pioche via Caliente to Las Vegas.

      Route 8.  Commencing at the city of Winnemucca and running thence northerly on the most feasible route via Paradise Hill to the Nevada-Oregon state line at McDermitt.

      Route 8a.  Commencing on route 8 at or near Paradise Hill, running thence northerly on the most feasible route through Amos, Quinn River Crossing and thence to Denio; thence westerly through Thousand Creek to Massacre Lake; thence westerly to Vya and the ’49 Station to the California state line to a connection with the California state highway system; beginning again at the city of Winnemucca, thence easterly to the town of Battle Mountain over route No. 1, thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese River Valley to Austin, connecting with route No. 2, thence along route No. 2 to the mouth of Blackbird Canyon; thence southerly through Smoky Valley by the most feasible route, connecting with route No. 3 at Tonopah.

      Route 9.  Commencing at the city of Reno and running thence northerly to a connection with the California state highway near Purdy.

      Route 10.  Commencing at the town of Mina and running southerly by way of Montgomery Pass to the California state line to connect with the California state highway through Benton to Bishop.

      Route 11.  Beginning at a point on the Nevada-Idaho state line at or near Owyhee, running in a southerly direction via White Rock, Deep Creek and Independence Valley, connecting with route No. 1 at Elko, thence easterly on route No. 1 to a point at or near Halleck, thence southerly through Secret Pass, continuing in a southerly direction to a point at or near Currie, southerly through Steptoe Valley to a point at or near Cherry Creek, connecting with route No. 2 at or near Ely.

      Route 12.  Beginning at a point on route 6 near the Muddy River; thence running in a southeasterly direction through St. Thomas to the Nevada-Arizona line.

Route 4 defined

 

Route 5 defined

 

 

Route 6 defined

 

 

Route 7 defined

 

Route 8 defined

 

 

Route 8a defined

 

 

 

 

 

 

 

 

 

Route 9 defined

 

Route 10 defined

 

 

Route 11 defined

 

 

 

 

 

Route 12 defined


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

ê1925 Statutes of Nevada, Page 44 (CHAPTER 38, SB 62)ê

 

Route 13 defined

 

 

Route 14 defined

 

Route 15 defined

 

Route 16 defined

      Route 13.  Beginning at a point on the Idaho-Nevada line north of Contact; thence running southerly through Contact and Wells to a connection with route 11 at the most feasible point between Halleck and Currie.

      Route 14.  Beginning at a point on route 7 at or near Connors Station, thence in an easterly direction to the Nevada-Utah line at or near Baker.

      Route 15.  Beginning on route 3 at or near Millers, thence running westerly to the most feasible connection with route 10 at or near Basalt.

      Route 16.  Beginning at or near a point on route 5, formerly known as Amargosa Station, thence through, or near, Johnnie town and through the most feasible and direct route down the Pahrump valley to a point on the Nevada-California state line at, or near, the thirty-sixth parallel.

      As soon as funds are available, the department of highways shall commence the construction of said routes.

 

________

 

CHAPTER 39, SB 47

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate must be filed

[Senate Bill No. 47–Senator Vencill]

 

Chap. 39–An Act to amend an act entitled “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.

 

[Approved March 2, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  No action may be commenced or maintained by any person, firm or copartnership mentioned in section 1 of this act, nor by his or their assignee, upon or on account of any contract made or transaction had under such fictitious or fanciful name or designation, nor upon or on account of any cause of action arising or growing out of the business so carried on under such name or designation, unless he or they, prior to the commencement thereof, shall have filed the certificate herein required.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 45ê

CHAPTER 40, AB 1

[Assembly Bill No. 1–Mr. Green]

 

Chap. 40–An Act authorizing the construction and equipment of a Nevada building in the city of Reno, and the collection of exhibits to be placed therein; authorizing a bond issue and a tax levy for same; and other matters properly relating thereto.

 

[Approved March 2, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purposes of this act the state board of examiners is hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in a sum not to exceed two hundred fifty thousand dollars. Said bonds shall be issued in denominations of five thousand dollars each, payable in lawful money of the United States, shall be numbered consecutively, and shall bear interest, payable semiannually, at the rate of five per cent per annum. The bonds shall mature and become payable within ten years from the date of issuance, but the right shall be reserved to redeem any of said bonds prior to maturity date whenever funds in a sufficient amount are made available. Said bonds shall be signed by the governor of the State of Nevada, endorsed by the state treasurer, countersigned by the state controller, and authenticated by the great seal of the state. The bonds shall be sold by the state board of examiners at not less than par, and the proceeds of such sale shall be deposited with the state treasurer to be placed in a fund, hereby created, to be known as the “Nevada Building Fund.”

      Sec.2.  There shall be levied and collected in each fiscal year commencing January 1, 1925, and until said bonds have been retired, an ad valorem tax of one and one-half cents on each one hundred dollars of taxable property in the State of Nevada, including net proceeds of mines. All money derived therefrom shall be placed in a fund, hereby created, to be known as the “Nevada Building Bond Interest and Redemption Fund,” which shall be used solely for the redemption of the bonds authorized by this act and the payment of interest thereon. The faith of the State of Nevada is hereby pledged that this section shall not be repealed, and the taxation thereby imposed shall not be omitted, until all of said bonds, together with interest thereon, shall have been paid in full.

      Sec.3.  A commission is hereby created, consisting of James G. Scrugham, Maurice J. Sullivan, and Andy J. Stinson, hereinafter designated collectively as the “Nevada Building Commission,” and individually as “Nevada Building Commissioners.” It shall be the duty of said commission to acquire a building site upon a state highway and within the city of Reno, to construct thereon a building suitable for the purposes hereinafter mentioned, to properly equip said building, and to collect and allocate exhibits therein.

 

 

 

 

 

 

 

 

 

 

 

 

Board of examiners to issue bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

Ad valorem tax to pay bonds

 

 

 

 

 

 

 

“Nevada Building Commission” created


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

ê1925 Statutes of Nevada, Page 46 (CHAPTER 40, AB 1)ê

 

 

 

 

 

 

 

Duties of commission

 

 

 

 

 

 

 

 

 

 

 

Highway routing bureau to occupy building

 

 

 

 

 

 

 

 

Commissioners to receive necessary expenses

 

Appropriation $250,000

within the city of Reno, to construct thereon a building suitable for the purposes hereinafter mentioned, to properly equip said building, and to collect and allocate exhibits therein. Before any expenses are incurred under the provisions of this act, a building site which in the opinion of the Nevada building commission appears to be suitable must be donated and conveyed to the State of Nevada, free and clear of encumbrance. After such site has been acquired without expense by the State of Nevada, it shall then be the duty of the Nevada building commission to prepare plans and specifications, advertise for bids, and let contracts, upon the best terms obtainable, for the construction and equipment of a building upon said site, the primary object being to provide suitable quarters for a continuous exhibit of state and county resources, and relics collected by the Nevada state historical society. As soon as contracts have been let for the construction and equipment of said building, it shall be the further duty of the Nevada building commission to make all necessary and proper arrangements for the collection and installation in said building of exhibits illustrative of the resources, industries, and history of the State of Nevada and all the counties thereof. The building, its equipment, and the collection and installation of exhibits shall be completed prior to the opening date of the “Nevada Transcontinental Highways Exposition.” At all times after the completion of said building there shall be maintained therein a highway routing bureau, and whenever space is available therein, it may be used by state employees for whom the state would otherwise be compelled to pay office rent elsewhere. The maintenance costs of the building, after its completion, shall be charged against appropriations for the Nevada state historical society and such other departments as are permitted to use portions of the building. The construction and equipment of said building is hereby declared to be a public work, and the said Nevada building commissioners are hereby declared to be officers of the State of Nevada. The State of Nevada shall not under any circumstances, nor in any manner, be held liable for any bonds, debts, liens, contracts, or expenditures, except such as are specifically authorized by the provisions of this act.

      Sec.4.  The Nevada building commissioners shall receive actual and necessary traveling expenses incurred in the performance of their duties under this act, but otherwise they shall receive no remuneration or compensation for their services hereunder.

      Sec.5.  There is hereby appropriated out of the Nevada building fund a sum not to exceed two hundred fifty thousand dollars, to carry out the provisions of this act. Not less than seventy per cent of the total amount appropriated shall be expended for the actual construction of the building. All claims against the Nevada building fund shall be audited, certified and approved by the Nevada building commission, and submitted to the state board of examiners.


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

ê1925 Statutes of Nevada, Page 47 (CHAPTER 40, AB 1)ê

 

audited, certified and approved by the Nevada building commission, and submitted to the state board of examiners. No claim shall be approved by the state board of examiners unless a sufficient amount is available in the Nevada building fund to pay the same in full. If the claim is approved by the state board of examiners, the state controller shall draw his warrant therefor, and the state treasurer shall pay the same. The Nevada building commission shall file with the secretary of state, for the use of the next legislature on or before the third Monday in January, 1927, or sooner if required by the state board of examiners, a detailed account and report of their expenditures under this act.

      Sec.6.  This act shall be in full force and effect immediately after its passage and approval.

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 41, AB 11

[Assembly Bill No. 11–Mr. Kennedy]

 

Chap. 41–An Act relating to the confinement of insane persons in the Nevada state prison in certain cases.

 

[Approved March 3, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Whenever a person legally adjudged to be insane is deemed by the court to be a menace to public safety, and the court is satisfied that the facilities at the Nevada hospital for mental diseases are inadequate to keep such insane person safely confined, the court may commit such insane person to the Nevada state prison, where he shall be confined until the further order of the committing court either transferring him to the Nevada hospital for mental diseases or declaring him to be sane; provided, however, that no person shall be ordered committed to the Nevada state prison under the terms of this act unless the consent of the board of state prison commissioners shall have been first had and obtained.

      All provisions of law, so far as the same are applicable, relating to the confinement of insane persons in the Nevada hospital for mental diseases shall apply to the confinement of insane persons in the Nevada state prison.

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

      Sec.3.  This act to become effective immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

Insane person may be committed to state prison

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1925 Statutes of Nevada, Page 48ê

CHAPTER 42, SB 55

 

 

 

 

 

 

 

 

 

 

 

 

State printing fund created

 

 

 

All state printing must be done in state printing office

 

 

 

State printer to determine charge

 

 

 

 

 

 

 

Duties of controller and treasurer

 

 

State printer to make monthly report

 

In effect

[Senate Bill No. 55–Joint Ways and Means Committee]

 

Chap. 42–An Act to create a state printing fund in the State of Nevada, and other matters properly connected therewith.

 

[Approved March 3, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby created a fund to be known as the state printing fund of the state treasury.

      Sec.2.  The state printing fund shall consist of all moneys appropriated by the legislature for the support of the state printing office, and all moneys received into the state treasury from any source whatever in payment of all printing and binding done in the state printing office. From it all expenses for the support of the state printing office shall be paid.

      Sec.3.  The reports of all state officers, boards of officers, commissions, trustees, regents and directors required or authorized by law to make reports, or to publish circulars, bulletins, printed books, stationery, or printed matter of any kind must be printed and bound at the state printing office at the expense of their respective funds or appropriations, after being first authorized in each instance by the state board of printing control.

      Sec.4.  The superintendent of state printing, subject to the approval of the state board of printing control, shall determine the charge to be made for all printing and binding, and shall fix a price from time to time that will cover all costs of material and doing the work, not taking into consideration the cost of the plant of the state printing office. He shall render bills for each item of printing and binding, or other charge against the respective officer or institution ordering the same, which bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the said officers or institutions chargeable with the same, on warrants drawn by the state controller.

      Sec.5.  The controller and treasurer are hereby authorized and directed to transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the state printing office.

      Sec.6.  The superintendent of state printing shall render monthly reports to the state controller of all moneys received under the provisions of this section, and shall pay the same into the treasury to the credit of the state printing fund.

      Sec.7.  This act shall go into effect immediately upon its passage and approval.

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

 

________

 

 


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

ê1925 Statutes of Nevada, Page 49ê

CHAPTER 43, AB 78

[Assembly Bill No. 78–Mr. Robbins]

 

Chap. 43–An Act to amend an act entitled “An act to provide for the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts and parts of acts in conflict herewith,” approved March 27, 1917, as amended by acts approved March 4, 1921, and March 23, 1921, by adding thereto two additional sections, to be known as section 5 1/2 and section 10 1/2.

 

[Approved March 4, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby amended by adding thereto a section, to be known as section five and one-half, which said section shall read as follows:

      Section 5 1/2.  District 4 1/2 shall consist of all the waters of Elko County.

      Sec.2.  The above-entitled act is hereby amended by adding thereto a section, to be known as section ten and one-half, which said section shall read as follows:

      Section 10 1/2.  It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or attempt to take, catch or kill, any river trout, lake trout or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass in or from any of the waters of Maggie creek and tributaries, north and south forks of the Humboldt river and tributaries, Mary’s river and tributaries, Willow creek reservoir and all creeks emptying into same, or the Humboldt river, within said district 4 1/2, except between the fifteenth day of June and the fifteenth day of November of the same year, both dates included; or in or from any of the waters of any other streams within District No. 4 1/2, except between the first day of April and the fifteenth day of August of the same year, both dates included.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New sections added

 

 

 

 

 

 

 

 

 

 

 

Open season designated

 

 

 

In effect

 

________

 

 


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

ê1925 Statutes of Nevada, Page 50ê

CHAPTER 44, AB 90

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

 

Duties of county commissioners

 

 

 

 

 

 

 

“Law Library Fund” created

 

 

In effect

[Assembly Bill No. 90–Mr. Guthrie]

 

Chap. 44–An Act to amend an act entitled “An act for the establishment, maintenance and operation of law libraries in the various counties of this state, and repealing all other acts and parts of acts in conflict therewith,” approved March 25, 1913.

 

[Approved March 4, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby amended by the addition of a new section, to be numbered 15a and to read as follows:

      Section 15a.  Whenever any law library established under the provisions of this act, being uninsured, shall have been destroyed by fire or other public calamity, the board of county commissioners of the county in which such library was situate shall, at the next time that other tax levies are made, levy a special tax upon all taxable property, both real and personal, of said county, sufficient to raise a sum which will discharge any indebtedness owing for books so destroyed and a further sum sufficient to enable the board of law library trustees of said county to replace such library or to provide one substantially like it; provided, however, that the sums so to be raised for such purposes shall not exceed in the aggregate the sum of five thousand dollars for any one law library; and provided further, that the proceeds derived from such special tax levy shall be placed in the treasury of the county in the fund known as the “Law Library Fund” as designated in sections one and two of this act, and shall be drawn upon for the purpose herein authorized by the board of law library trustees.

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

      Sec.3.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 51ê

CHAPTER 45, AB 131

[Assembly Bill No. 131–Mr. Mayer]

 

Chap. 45–An Act to amend an act entitled “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.

 

[Approved March 4, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section one of said act is hereby amended to read as follows:

      Section 1.  On or before May 1, 1925, and annually thereafter, 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.

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

      Section 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 shall be approved by the board of directors of Elko County agricultural district No. 4.

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

      Section 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 said board of directors of Elko County agricultural district No. 4, 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 said board of directors 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 said board of directors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special tax to be levied

 

 

 

 

 

Proceeds of tax, how used

 

 

 

 

 

 

All claims must be approved


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

ê1925 Statutes of Nevada, Page 52 (CHAPTER 45, AB 131)ê

 

 

Extent of liability

 

 

 

 

Act automatically repealed

 

 

 

 

 

 

Funds under exclusive management of board

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

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

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

      Section 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 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; provided, however, that in the event the said Elko County fair is not held on account of some epidemic such as “Foot-and-Mouth Disease,” or some other unavoidable cause, the same shall not be deemed a failure to hold said fair.

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

      Section 6.  Any and all moneys now in the fund hereby created, or which may hereafter come into said fund, shall, so long as said board shall continue to hold said county fair, be under the exclusive management and control of said board of directors of Elko County agricultural district No. 4; provided, however, such money shall be used only for Elko County fair purposes by said board.

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

      Section 7.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 46, SB 15

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheriff to issue license

[Senate Bill No. 15–Senator Smith]

 

Chap. 46–An Act providing for the licensing and regulation of boxing contests or exhibitions to be conducted under the auspices and management of any local post or unit of any national organization of ex-service men, providing for the penalties for the violation of the provisions thereof, and other matters properly relating thereto.

 

[Approved March 4, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  A license for a boxing contest or exhibition, not exceeding ten (10) rounds in duration, between men over the age of 18 years and with gloves weighing not less than four (4) ounces, to be held under the auspices and sole management and contract, and for the sole benefit of any local post or unit of any national organization of ex-service men, may be procured by any executive officer of any post of such organization, acting in his official capacity, from the sheriff of any county in this state, without any charge therefor.


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

ê1925 Statutes of Nevada, Page 53 (CHAPTER 46, SB 15)ê

 

men, may be procured by any executive officer of any post of such organization, acting in his official capacity, from the sheriff of any county in this state, without any charge therefor.

      Sec.2.  The application to the sheriff for any such license shall be in writing and shall be filed with the sheriff of the county, at least three days prior to the date of the proposed contest or exhibition, and shall state:

      (a) The name, address, and official capacity of the applicant.

      (b) The name of the post of the organization under whose management the exhibition is to be given.

      (c) The names and addresses of the proposed contestants.

      (d) The date and place when and where said contest or exhibition is to be held.

      (e) And the price of admission to be charged therefor.

      Sec.3.  When the foregoing provisions of this act have been complied with, the sheriff shall issue the license as above provided, and shall be present, either in person or by deputy, at such contest or exhibition, and shall have the authority, and it shall be his duty, to stop any such contest or exhibition in the event of any brutal or inhuman conduct in the course thereof.

      Sec.4.  The applicant for any license under the provisions of this act, shall deliver to the sheriff or his deputy, before the commencement of any such contest or exhibition, certificates of a regularly licensed and practicing physician of this state, who has personally made physical examinations of the proposed contestants, certifying to the fact that each of such contestants is in sound physical health and condition. Otherwise the said sheriff or his deputy shall not permit such contest or exhibition to take place.

      Sec.5.  Any person or persons who shall participate in, conduct or manage, or assist in the conduct or management of any boxing contest or exhibition under the provisions of this act, without first complying with the provisions hereof, or who shall violate any of the provisions hereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

      Sec.6.  This act shall take effect and be in force from and after its passage and approval.

 

 

 

What application must state

 

 

 

 

 

 

 

Sheriff or deputy may stop contest

 

 

 

Physician’s certificate must be filed with sheriff

 

 

 

 

Penalty for noncompliance with act

 

 

 

 

 

In effect

 

________

 

 


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

ê1925 Statutes of Nevada, Page 54ê

CHAPTER 47, SB 35

 

 

 

 

 

 

 

 

 

 

 

Manufacture or possession of certain firearms or weapons a felony

 

 

 

 

Unnaturalized foreign-born person must not possess firearms

 

 

 

 

 

 

 

 

Proviso

[Senate Bill No. 35–Senator Scott]

 

Chap. 47–An Act to control and regulate the manufacture, sale, possession, use, and carrying of firearms and weapons, and other matters properly relating thereto.

 

[Approved March 5, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  On and after the date upon which this act takes effect every person who within the State of Nevada manufactures or causes to be manufactured, or who imports into the state, or who keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any instrument or weapon of the kind commonly known as a blackjack, slung-shot, billy, sandclub, sandbag, or metal knuckles, or who carries concealed upon his person any explosive substance, other than fixed ammunition, or who carries concealed upon his person any dirk or dagger, shall be guilty of a felony and upon a conviction thereof shall be punishable by imprisonment in a state prison for not less than one year nor for more than five years.

      Sec.2.  On and after the date upon which this act takes effect no unnaturalized foreign-born person, and no person who has been convicted of a felony in the State of Nevada or in any one of the states of the United States of America, or on any political subdivision thereof, shall own or have in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person. The terms “pistol,” “revolver,” and “firearm capable of being concealed upon the person,” as used in this act shall be construed to apply to and include all firearms having a barrel less than twelve inches in length. Any person who shall violate the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punishable by imprisonment in a state prison for not less than one year nor for more than five years.

      Sec.3.  Nothing in the preceding sections shall be construed to apply to or affect sheriffs, constables, marshals, policemen, whether active or honorably retired, or other duly appointed police officers, nor to any person summoned by any such officers to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer, nor to the members of the army, navy, or marine corps of the United States when on duty.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 55ê

CHAPTER 48, SB 48

[Senate Bill No. 48–Senator Fall]

 

Chap. 48–An Act to amend an act entitled “An act to amend an act entitled ‘An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon, in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of said bonds, and other matters relating thereto,’ approved March 4, 1921,” approved March 26, 1923, and to add a new section to be known as section 24.

 

[Approved March 5, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act is hereby amended to read as follows:

      Section 2.  The board of county commissioners, hereinafter referred to as the “Board of Managers,” or the “Board,” shall have authority to enter into any and all necessary contracts with any person, firm or corporation, either within or without the State of Nevada, for the purchase of electric energy and current; or to purchase any existing light and power line or integral part thereof; or to purchase or construct any necessary telephone lines for use in connection with the Mineral County power system; fix rates or tolls thereon; make any and all rules and regulations necessary and proper for the management, operation and control thereof, and may construct and operate branches or distributing lines, and operate substations, transformers and other electrical appliances under the conditions hereinafter provided; provided, however, that nothing herein contained referring to contracts shall be construed as in any way superseding or repealing the provisions of any of the statutes of this state requiring an advertisement for bids for the purchase of materials and supplies in excess of five hundred dollars, as now required by law, or to permit the board to enter into contracts extending beyond their term of office, save and except contracts for the purchase of power or the sale of power; provided further, that in emergency cases the board, by unanimous resolution and order to be entered upon their minutes and reciting such emergency, may direct the purchase of any necessary materials in excess of five hundred dollars value, required for immediate repair of said system, without advertising therefor; provided also, that all contracts entered into by said board of managers with consumers for power service upon an industrial or commercial basis shall specifically require an advance deposit to be made each month of not less than seventy-five per cent (75%) of the estimated cost of power to be used by said consumer during the ensuing month, and shall also require that such advance payment must be made and paid to the county treasurer on or before the tenth day of each month, or the service shall be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners authorized to purchase

 

 

 

 

 

 

 

Proviso


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

ê1925 Statutes of Nevada, Page 56 (CHAPTER 48, SB 48)ê

 

Advance deposit must be made

 

 

 

 

 

 

 

 

 

 

Purchase, distribution and sale of electricity

 

 

 

 

 

 

 

 

 

 

 

Power lines may be extended

system, without advertising therefor; provided also, that all contracts entered into by said board of managers with consumers for power service upon an industrial or commercial basis shall specifically require an advance deposit to be made each month of not less than seventy-five per cent (75%) of the estimated cost of power to be used by said consumer during the ensuing month, and shall also require that such advance payment must be made and paid to the county treasurer on or before the tenth day of each month, or the service shall be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.

      Sec.2.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  (a) This act contemplates primarily the purchase, distribution and sale of electrical energy by the Mineral County power system as a public utility in the towns of Luckyboy, Hawthorne, Luning, Mina, Candelaria, and Simon, over its lines, and the board of county commissioners are hereby authorized and empowered to maintain and operate said electric lines as a high tension electric power system, and purchase all necessary materials and supplies for use thereon or in connection therewith, and to operate transformers, substations and distributing systems at those points, or at other points to which the system lines may be hereafter extended, but nothing herein shall be construed so as to require or compel said board to maintain and operate said system at any of said points if, in the judgment of said board, as recorded in their minutes, it shall appear that so to do would be uneconomical and likely to result in an operating loss.

      (b) Whenever in the unanimous judgment of the board of managers (such opinion and the facts upon which it is based to be set forth in full upon their minutes), it shall appear that an extension of the lines of said system (either primary or secondary, as the same may be defined by the board), would be a profitable investment for said utility and promote the general welfare of the community or section proposed to be served, they may authorized the same to be constructed, and enter into contracts therefor, upon the express conditions that such extension be built by or under the complete supervision and control of such board, and that the entire cost of such extension and construction shall be advanced and paid to the county by the consumer or consumers whom it is proposed to serve; provided, that such total cost, which shall include erection, may be rebated to such consumer or consumers through monthly bills for service incurred within a period of four years immediately following the construction of such extension, at the rate of not less than twenty-five per cent (25%) annually, and that the title to such line extensions shall at all times be in and remain with the Mineral County power system, whether said cost shall have been fully rebated within the four year period or not, and such extension shall be considered a part of the Mineral County power system authorized by this act.


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

ê1925 Statutes of Nevada, Page 57 (CHAPTER 48, SB 48)ê

 

less than twenty-five per cent (25%) annually, and that the title to such line extensions shall at all times be in and remain with the Mineral County power system, whether said cost shall have been fully rebated within the four year period or not, and such extension shall be considered a part of the Mineral County power system authorized by this act.

      (c) The entire cost, including erection and installation of all operating equipment necessary on such line extensions, including transformers, substations, fixtures, lightning arresters and other necessary electrical equipment, shall be borne by the consumer or consumers served, and no part of such cost shall be rebated by the board of managers, either directly or indirectly; provided, however, that with the consent and approval of the board of managers, power may be sold and consumers served from the lines of said system, in cases where line extensions are built and necessary operating equipment installed (all to be of the standard required and approved by such board), at the expense of said consumer or consumers and where the title to such extension and equipment remains in the consumer or consumers, but in every such case, no part of the cost of erection, installation or maintenance shall be paid or rebated, either directly or indirectly, to said consumer or consumers, nor shall such extension with its operating equipment be deemed or considered a part of the Mineral County power system.

      (d) The board as a condition precedent to entering into or authorizing any contract providing for extensions of their primary or secondary lines, shall specifically require that all electrical equipment proposed to be installed by such consumer or consumers shall be of the standard type and quality required and approved by the Mineral County power system, and that the erection and installation thereof shall be under the complete supervision and control of said board, and be made in accord with their standard of practice and requirements covering such installations.

      (e) If an extension of the system lines (either primary or secondary) to any particular point shall hereafter be built under the foregoing conditions, and it shall subsequently appear to such board that the public convenience of such community or locality would be promoted and served and that it would be a profitable investment if a local distributing system were to be erected and installed thereat, the board of managers upon receiving and filing a petition signed by not less than sixty-five per cent (65%) in number of the taxpayers of said community or locality proposed to be served (said percentage to be ascertained by an examination of the assessment rolls for the current year, and covering such community or locality) may, after causing all such facts to appear affirmatively upon their minutes, order the erection and installation of such local distributing system, and of all necessary operating equipment, and the same shall thereafter be a part of the Mineral County power system, but subject nevertheless to the conditions set forth in paragraph (a) of this section as to suspension in case of unprofitable operation; provided, that in the event of an extension of the lines of the Mineral County power system being proposed and authorized to any adjoining county within the State of Nevada, no license or franchise shall be required or exacted as a condition precedent by the board of county commissioners of such adjoining county to the making of such extension, and the authority granted by this act to the county of Mineral to operate the Mineral County power system as a public utility, shall be full warrant for the making of any such extension, and the same shall be exempt from taxation.

 

 

 

 

 

Entire cost to be borne by the consumers

 

 

 

 

 

 

 

 

 

 

 

 

Electrical equipment must be of standard type

 

 

 

 

Extension may be declared public utility


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

ê1925 Statutes of Nevada, Page 58 (CHAPTER 48, SB 48)ê

 

Suspension in case of unprofitable operation

 

 

 

May extend to adjoining county

 

 

 

 

Line cost may be rebated

 

 

 

 

 

 

Duties of county treasurer

 

 

 

 

 

 

 

Duties of county auditor

 

 

 

 

 

Duties of county clerk

thereafter be a part of the Mineral County power system, but subject nevertheless to the conditions set forth in paragraph (a) of this section as to suspension in case of unprofitable operation; provided, that in the event of an extension of the lines of the Mineral County power system being proposed and authorized to any adjoining county within the State of Nevada, no license or franchise shall be required or exacted as a condition precedent by the board of county commissioners of such adjoining county to the making of such extension, and the authority granted by this act to the county of Mineral to operate the Mineral County power system as a public utility, shall be full warrant for the making of any such extension, and the same shall be exempt from taxation.

      (f) It is the express intent of this section that the board of managers may consent to make and contract for line extensions of said system upon the entire cost thereof as above defined, being advanced to the county, and that said cost may be rebated, as hereinbefore provided, but that such line extension shall not be construed to include any transformer, substation or fixtures, lightning arresters or other electrical equipment necessary, no part of the cost of which shall or may be rebated, either directly or indirectly, to such consumer by the county.

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

      Section 15.  (a) The county treasurer is hereby made ex officio treasurer of the said utility, without additional compensation, and shall be liable upon his official bond for the safe-keeping of all moneys which shall come into his hands, possession or control, under the provisions of this act, and for the faithful discharge of his duties hereunder; all moneys due to said utility shall be paid to said treasurer, who shall issue his receipt in quadruplicate therefor, one copy to be given to the person making payment, one copy to be filed with the county auditor, one copy with the general manager of the said system for his office files, and one copy to be retained by said treasurer in his office.

      (b) The county auditor is hereby made ex officio auditor of the said utility without additional compensation, and shall be liable on his official bond for the faithful discharge of his duties hereunder, or such additional duties as may be imposed upon him by the board of county commissioners; all bills against such utility shall, after their approval and allowance by the board of county commissioners, be audited and allowed by said auditor in the same manner as other claims against the county.

      (c) The county clerk is hereby made ex officio clerk of said utility, without additional compensation, and shall be liable upon his official bond for the faithful discharge of his duties hereunder, or such additional duties as may be imposed upon him by the board of county commissioners;


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

ê1925 Statutes of Nevada, Page 59 (CHAPTER 48, SB 48)ê

 

the clerk shall require all claims against such utility to be made and presented in duplicate, the original, after action thereon by the board of county commissioners, to be filed with the county auditor, and the duplicate retained in the office files of said power system.

      (d) The sheriff of Mineral County and his deputes shall, without additional compensation, perform such duties in connection with the operation of such utility as may be required of him or them by the board of county commissioners, and they shall be liable upon their official bond for the faithful discharge of such duties.

      (e) The district attorney shall, without additional compensation, act as attorney and counselor for said utility, and perform such duties as attorney and counselor thereof as may be required of him by the board of county commissioners; provided, he shall be allowed his necessary expenses incurred when required by said board to attend to matters connected with said utility away from his office, and such expenses shall be a charge against said utility, and be audited, allowed and paid as are other claims against the county. He shall be liable upon his official bond for the faithful discharge of his duties hereunder.

      (f) The board of county commissioners are hereby made an ex officio board of managers of said utility, without additional compensation, unless otherwise provided by law, and they shall cause to be kept all necessary records and books thereof. The record of proceedings of the said board of managers shall be kept separate and apart from the minutes of the board of county commissioners in volumes to be provided for the purpose, and all matters relating to such utility which shall come before said board for consideration and action shall be recorded therein, including claims approved for payment, and to which records a proper index shall be maintained. The board shall cause to be transcribed from the minutes of the board of county commissioners, all matters and proceedings relating to such utility from the date of its inception that there may exist a separate and consecutive record of all acts and proceedings affecting such utility, which record shall remain in the office of the county clerk; provided, however, all claims against such utility approved for payment by the general manager thereof shall be finally acted upon and be subject to allowance or rejection by the board of county commissioners, and be audited by the county auditor as all other claims against such county.

      Sec.4.  Section 16 of said above-entitled act is hereby amended to read as follows:

      Section 16.  The maintenance and operation of said Mineral County power system shall be under the control, supervision and authority of the board of managers, and rates charged to consumers for sale and distribution of electrical energy and current, and the tolls for telephone service, with the terms and conditions thereof, shall be fixed by said board, subject to the supervision of the Nevada public service commission, who may revise, raise or lower the same.

 

 

 

 

Duties of sheriff

 

 

 

Duties of district attorney

 

 

 

 

 

 

Duties of county commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Control vested in board of managers


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

ê1925 Statutes of Nevada, Page 60 (CHAPTER 48, SB 48)ê

 

 

 

Unpaid charges lien against property of consumer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When accounts delinquent

 

 

 

 

 

 

 

General manager

electrical energy and current, and the tolls for telephone service, with the terms and conditions thereof, shall be fixed by said board, subject to the supervision of the Nevada public service commission, who may revise, raise or lower the same. Unpaid charges of said power system for service or materials and supplies rendered or furnished a consumer shall constitute a lien against the property of such consumer, and shall have precedence over all other claims and demands save and except taxes; provided, that upon receiving a certificate from the general manager of such system giving the names of delinquent consumers or rate-payers and the amount due from each for unpaid service or material or supply bills, prior to the making up of the annual assessment rolls, the county assessor shall place upon said rolls after or opposite the name of such delinquent, the amount so certified to be due, which sum shall be added by the county auditor to the amounts levied as taxes, and the same shall be collected and paid at the same time and in the same manner as taxes, and all the provisions of law applicable to the collection and payment of taxes (either real or personal) and to delinquencies shall apply to the payment of such charges; provided further, that all sums so collected and due to the Mineral County power system shall be credited by the county treasurer to said system, but all sums collected as penalties, interest or costs shall be paid to the county general fund; and provided further, that in the event of payment being made of such delinquent account, with penalties and interest, at any time prior to the final date set for the collection and payment of taxes, credit therefor shall be entered upon such tax-roll by the county treasurer. Such accounts shall be deemed delinquent forty (40) days immediately following the month in which such service was rendered or material furnished, and the penalty for nonpayment shall be fifteen per cent (15%) additional, with three per cent (3%) per month interest thereafter on said total amount until paid, and such penalty and interest shall be added to the amount originally found to be due, when collection is made by the county treasurer; provided, the uncollectable accounts may be ordered stricken from such rolls by the county board of equalization.

      Sec.5.  Section 17 of the above-entitled act is hereby amended to read as follows:

      Section 17.  (a) The board of managers shall employ as general manager of such system, a qualified and competent person, but who must have had at least three years practical experience as a consulting electrical engineer, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be responsible to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto; provided, the board by unanimous vote to be entered of record in their proceedings, may designate one of their own number as such general manager, and the member so designated shall give a like bond for the faithful performance of his duties.


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

ê1925 Statutes of Nevada, Page 61 (CHAPTER 48, SB 48)ê

 

actions in connection with the operation of said system, and who shall devote his entire time thereto; provided, the board by unanimous vote to be entered of record in their proceedings, may designate one of their own number as such general manager, and the member so designated shall give a like bond for the faithful performance of his duties. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote his entire time thereto, or such time as may be required by such board and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.

      (b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system, shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

      (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission and the federal power commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county-seat.

      Sec.6.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 19.  All moneys received for the service of electrical energy and current, or from the sale of material or supplies, and all other revenues accruing therefrom or in connection therewith, excepting taxes, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the “Light and Power Fund,” which is hereby 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 and operation of the Mineral County power system.

 

Proviso

 

 

 

 

 

 

 

 

 

Additional employees

 

 

 

 

 

 

 

Must make monthly report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Moneys for service to go into fund


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

ê1925 Statutes of Nevada, Page 62 (CHAPTER 48, SB 48)ê

 

 

 

 

 

 

Surplus receipts apportioned

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

 

 

 

 

 

 

 

In effect

connection therewith, excepting taxes, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the “Light and Power Fund,” which is hereby 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 and operation of the Mineral County power system. Surplus receipts, after providing for the expense of operation and maintenance, shall be apportioned and used for the payment of interest and for redemption of the bonds hereinbefore provided for, and after the redemption of all outstanding bonds and the payment of the interest due thereon, any remaining surplus may be transferred to the county general fund. Any deficiency which may be incurred in the “Light and Power Fund,” by reason of insufficient revenues or otherwise, shall be a charge upon and be paid from the county general fund; provided, however, that whenever there shall be in such “Light and Power Fund” moneys not needed for immediate use, any surplus may be transferred to the county general fund by order of the board of county commissioners, to repay moneys theretofore advanced to such light and power fund; provided further, that the board of managers shall cause to be set aside monthly from the gross operating revenues of such system such percentage thereof as may be required, but not less than five per cent (5%) as a replacement fund, and the sums so set aside shall not be transferred or used for operating expense, or any other purpose than making necessary replacements on said system.

      Sec.7.  Section 23 of the above-entitled act is hereby amended to read as follows:

      Section 23.  It is hereby declared to be the intent and purpose of this act that the earnings of such utility, after the payment of its outstanding bonds and interest, together with current indebtedness, and setting aside a suitable reserve for repairs, replacements and depreciation, shall be transferred to the county general fund that general county taxes may thereby be reduced. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act provided, and any section or part of any section of this act declared to be unconstitutional shall not be so construed so as to invalidate any other section thereof, nor said act in its entirety.

      Sec.8.  There shall be added to said act a new section, to be known as section 24, which shall read as follows:

      Sec.24.  This act shall take effect and be in full force from and after its passage and approval.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 63ê

CHAPTER 49, AB 54

[Assembly Bill No. 54–Committee on Labor]

 

Chap. 49–An Act making it unlawful to fail to provide separate lavatories or toilet-rooms for the use of males and females in buildings and on premises where persons of different sexes are employed, and providing a penalty for the violation thereof.

 

[Approved March 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  It shall be unlawful for any person, firm, association or corporation, employing in the same building or on the same premises five or more males and three or more females, to fail to provide separate lavatories or toilet-rooms for each sex and to fail to plainly designate the same by a printed or painted sign on the door of said lavatory or toilet-room so provided.

      Sec.2.  This act shall not apply to persons, firms, associations or corporations located in office buildings where there are lavatories or toilet-rooms for each sex reasonably accessible within the building, nor shall it apply to persons employing servants or other domestics in their homes or residences.

      Sec.3.  Any person, firm, association or corporation convicted of the violation of the provisions of this act shall be punished by a fine not to exceed one hundred dollars or by imprisonment in the county jail not to exceed a period of thirty days, or by both such fine and imprisonment.

      Sec.4.  It is hereby made the duty of the labor commissioner of the State of Nevada, in conjunction with peace officers, to investigate and report to the proper officer the violation of this law.

 

 

 

 

 

 

 

 

 

 

 

 

Separate lavatories must be provided

 

 

 

To whom act applies

 

 

 

Penalty

 

 

 

Duty of labor commissioner

 

________

 

CHAPTER 50, AB 80

[Assembly Bill No. 80–Mr. Guthrie]

 

Chap. 50–An Act to authorize, empower, and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the repair, maintenance and construction of streets and highways within the city limits of said city; to levy a tax for the payment of interest thereon and the redemption thereof; the designation of said bonds; and other matters relating thereto.

 

[Approved March 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The city council of the city of Winnemucca, Humboldt County, Nevada, is hereby authorized, empowered and directed to prepare and issue, in accordance with the provisions of this act, bonds of said city of Winnemucca for an amount not to exceed the sum of twenty thousand dollars ($20,000), exclusive of interest, for the purpose of creating a fund to be used for the repair, maintenance, and construction of streets and highways within the city limits of said city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city council of Winnemucca


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

ê1925 Statutes of Nevada, Page 64 (CHAPTER 50, AB 80)ê

 

 

 

 

 

 

Bonds to be prepared and issued

 

 

 

Duties of clerk

 

 

 

 

 

Bonds to bear not to exceed six per cent interest

 

 

 

 

 

 

City council to dispose of bonds

 

 

 

 

 

 

 

 

Moneys derived to go into fund

provisions of this act, bonds of said city of Winnemucca for an amount not to exceed the sum of twenty thousand dollars ($20,000), exclusive of interest, for the purpose of creating a fund to be used for the repair, maintenance, and construction of streets and highways within the city limits of said city.

      Sec.2.  The said city council shall cause said bonds to be prepared and made ready for issuance. Such bonds shall be signed by the mayor of said city, countersigned by the city treasurer of said city, and authenticated with the seal of the city. Coupons for interest shall be attached to each bond, and each of said coupons shall be consecutively numbered, and bear the signatures of said mayor and said city treasurer.

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

      Sec.4.  The said bonds shall be designated “City of Winnemucca Street and Highway Bonds, Issue of 1925”; they shall be in denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at a rate not to exceed six per centum per annum, said interest payable semiannually on the first day of January and on the first day of July each year, at the office of the city treasurer of the city of Winnemucca, until the said bonds are paid in full; and on the first day of July, 1927, and every twelve months thereafter, two of said bonds shall be redeemed and paid until all of said bonds so issued have been redeemed and paid in the order of their issuance.

      Sec.5.  The city council of the city of Winnemucca is hereby authorized to negotiate the sale of said bonds, or such number thereof as it may deem necessary, from time to time, by publishing a notice of such proposed sale in a newspaper or newspapers of general circulation published in said city for at least three weeks 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 bidders 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; and provided further, that the city council may by resolution and not by ordinance authorize the sale of said bonds or any part or portion thereof.

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


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

ê1925 Statutes of Nevada, Page 65 (CHAPTER 50, AB 80)ê

 

hereby required to receive and safely keep the same in a fund known as the “City Street and Highway Fund,” and to pay out said moneys only for the purpose for which the same was received and in the same manner as other claims against the said city are presented, allowed and paid.

      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 city council is authorized, empowered and directed to levy and collect in the year 1925, and annually thereafter, a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the limits of the city of Winnemucca, until said bonds and the interest thereon shall have been fully paid and discharged, sufficient to pay the interest upon said bonds as the same may be issued and to provide a fund for the payment of the principal of the same according to their tenor and effect. Such tax shall be levied and collected in the same manner and at the same time as other city taxes are assessed and collected and the proceeds thereof shall be kept by the said city treasurer in a special fund to be known as the “City of Winnemucca Street and Highway Bond Issue of 1925 Redemption Fund”; and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of the said bonds shall have been fully paid, and all of said bonds redeemed, all moneys remaining on hand in said special fund shall be transferred to the general fund of said city of Winnemucca.

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

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

      Sec.10.  When said bonds and coupons shall have been executed and issued as herein provided, their legality shall not be open to contest by said city of Winnemucca or any person or corporation for or on its behalf for any reason whatsoever.

      Sec.11.  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.

 

 

 

 

 

Tax levy to redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city treasurer

 

 

 

 

 

 

When interest ceases

 

 

Legality not open to contest

 

Faith of state pledged


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

ê1925 Statutes of Nevada, Page 66 (CHAPTER 50, AB 80)ê

 

 

In effect

hereunder and by virtue hereof shall have been paid in full as in this act specified.

      Sec.12.  This act shall take effect and be in force from and after its passage and approval.

 

________

 

CHAPTER 51, AB 83

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gross misdemeanor

 

 

 

Penalty for false impersonation

 

[Assembly Bill No. 83–Mr. Neeley]

 

Chap. 51–An Act to amend an act entitled “An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties, providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith,” approved March 4, 1905.

 

[Approved March 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Amend section 14 of the above-entitled act to read as follows:

      Section 14.  Any person who shall practice medicine, surgery or obstetrics in this state without first complying with the provisions of this act shall be deemed guilty of a gross misdemeanor. Any person may institute proceedings at law provided for in this act.

      Sec.2.  Amend section 16 of the above-entitled act to read as follows:

      Section 16.  Any person assuming to act as a member of a state board of medical examiners, or who shall sign, or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine or surgery in this state, except the person so acting and doing shall have been appointed a member of said board of medical examiners as in this act provided, shall be guilty of a gross misdemeanor.

 

________

 

CHAPTER 52, AB 94

 

 

 

 

 

 

 

 

 

 

 

 

Terms defined

[Assembly Bill No. 94–Mr. Kennedy]

 

Chap. 52–An Act to safeguard the distribution and sale of certain dangerous caustic or corrosive acids, alkalis, and other substances in the State of Nevada.

 

[Approved March 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That in this act, unless the context or subject-matter otherwise requires:

      A.  The term “dangerous caustic or corrosive substance” means each and all of the acids, alkalis, and substances named below:


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

ê1925 Statutes of Nevada, Page 67 (CHAPTER 52, AB 94)ê

 

named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten per centum or more; (b) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of ten per centum or more; (c) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five per centum or more; (d) Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five per centum or more; (e) Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten per centum or more; (f) Any salt of oxalic acid and any preparation containing any such salt in a concentration of ten per centum or more; (g) Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of twenty per centum or more; (h) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten per centum or more by weight of available chlorine, excluding oxal chlorinata, bleaching powder, and chloride of lime; (i) Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten per centum or more; (j) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten per centum or more; (k) Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five per centum or more, and (l) Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of five per centum or more.

      B.  The term “misbranded parcel, package, or container” means a retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing (a) the name of the article; (b) the name and place of business of the manufacturer, packer, seller, or distributor; (c) the word “poison,” running parallel with the main body of reading matter on said label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24-point size, unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker, and (d) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.

Terms defined


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ê1925 Statutes of Nevada, Page 68 (CHAPTER 52, AB 94)ê

 

Must not use misbranded containers

 

 

May be proceeded against in justice court

 

 

 

 

 

 

 

 

 

 

 

 

Penalty

 

 

Duties of commissioner of food and drugs

 

 

 

 

 

Duties of district attorney

      Sec.2.  No person shall sell, barter, or exchange, or receive, hold, pack, display, or offer for sale, barter, or exchange, in the State of Nevada, any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, said parcel, package, or container being designed for household use.

      Sec.3.  Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered, or exchanged, or held, displayed, or offered for sale, barter, or exchange, shall be liable to be proceeded against in any justice court of the county wherein such sale, barter, exchange, display, offer for sale, barter, or exchange shall take place within the jurisdiction of which the same is found, and if such substance is condemned as misbranded, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the state treasurer, but such substance shall not be sold contrary to the laws of the state; provided, however, that upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof.

      Sec.4.  Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than two hundred dollars.

      Sec.5.  The commissioner of food and drugs shall enforce the provisions of this act, and he is hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this act as may be submitted to him for that purpose and as may in his judgment conform to the requirements of this statute; provided, however, that in any prosecution under this act the fact that any brand or label involved in said prosecution has not been submitted to said commissioner of food and drugs for approval, or if submitted, has not been approved by him, shall be immaterial.

      Sec.6.  Every district attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of this act shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.

 

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ê1925 Statutes of Nevada, Page 69ê

CHAPTER 53, AB 100

[Assembly Bill No. 100–Mr. Rogers]

 

Chap. 53–An Act to amend section 25 of “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919.

 

[Approved March 6, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 25 of “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, is hereby amended so as to read as follows:

      Section 25.  Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, or association or associations, the same being interested, that any of the rates, tolls, charges, or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice, or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, water, or power, or any service in connection therewith is, in any respect, unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate, the commission shall proceed, with or without notice, to make an investigation of such complaint, and if, as a result of such investigation, the commission shall determine that probable cause exists for such complaint, it shall order a hearing thereof, upon notice to the public utility. But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice, or act complained of shall be entered without a formal hearing.

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

      (b) The commission shall give the public utility and the complainant or complainants at least ten days’ notice of the time when and place where such hearing will be held, at which hearing both the complainant and the public utility shall have the right to appear by counsel or otherwise, and be fully heard. Either party shall be entitled to an order by the commission for the appearance of witnesses or the production of books, papers and documents containing material testimony.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hearings of complaints against public utilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ten days notice given

 

 

 

Hearings, how conducted


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

ê1925 Statutes of Nevada, Page 70 (CHAPTER 53, AB 100)ê

 

Witnesses entitled to fees

material testimony. Witnesses appearing upon the order of the commission shall be entitled to the same fees and mileage as witnesses in civil actions in the courts of the state, and the same shall be paid out of the state treasury in the same manner as other claims against the state are paid; but no fees or mileage shall be allowed unless the chairman of the commission shall certify to the correctness of the claim.

 

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CHAPTER 54, SB 20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estimates first to be had

[Senate Bill No. 20–Senator Peterson]

 

Chap. 54–An Act to amend section eight-two of “An act 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, as amended March 3, 1909, and as incorporated in the Revised Laws of Nevada, 1912, as section 848, and as amended March 6, 1915.

 

[Approved March 9, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section eighty-two of said act is hereby amended to read as follows:

      Section 82.  Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement and of the district to be assessed, by publication, for at least two weeks in some newspaper published in said city, and by posting notices of the same in at least three public places in each ward, and also by posting a notice in or near the postoffice in said city, and by posting notice in three public places near the site of said proposed work. Said notices shall state the time when the council will meet and consider any suggestions and objections that may be made by parties in interest with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the unanimous vote of all members elected to the city council.

 

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ê1925 Statutes of Nevada, Page 71ê

CHAPTER 55, SB 61

[Senate Bill No. 61–Senator Getchell]

 

Chap. 55–An Act to authorize the board of county commissioners of the county of Lander, State of Nevada, to issue bonds to provide for the acquisition of a site for and for the construction, equipment and furnishing of a high-school building, in the town of Austin, Nevada, and authorizing the county board of education of said county to acquire a site for and to construct, equip, and furnish said building, and other matters properly connected therewith.

 

[Approved March 9, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The board of county commissioners of Lander County is hereby authorized, empowered and directed to prepare and issue negotiable coupon bonds of said county, such bonds to be issued on or before the first day of February, 1926, for an amount not to exceed the sum of fifty-five thousand ($55,000) dollars, exclusive of interest, for the purpose of providing funds for the acquisition of a site for and for the construction, equipping and furnishing of a county high-school building in the town of Austin in said county.

      Sec.2.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Lander County shall proceed to select an appropriate site for said county high-school building in the town of Austin, in said county, and the county board of education and the board of county commissioners of said county shall thereafter with all expedient dispatch proceed to the execution of the purposes of this act.

      Sec.3.  The board of county commissioners of said Lander County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the original or engraved facsimile signature of said chairman, clerk and treasurer.

      Sec.4.  Said bonds shall each be for the sum of one thousand dollars. They shall be numbered consecutively from one to fifty-five, inclusive, and the interest on the same shall not exceed six per cent per annum, payable annually on the first day of July of each year; both principal and interest shall be payable only in gold coin of the United States; both principal and interest shall be payable only at the office of the county treasurer of said Lander County.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue of $55,000

 

 

 

 

 

 

Site to be selected

 

 

 

 

 

County commissioners to issue bonds

 

 

 

 

 

Interest payable annually


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

ê1925 Statutes of Nevada, Page 72 (CHAPTER 55, SB 61)ê

 

 

Duties of clerk

 

 

Bonds to be sold at not less than par

 

 

 

 

Moneys to go into fund

 

 

 

 

 

County board of education to expend moneys

 

 

 

 

 

 

 

 

 

 

 

 

 

Approval of state superintendent of public instruction necessary

In no case shall any of said bonds run for a longer period than twenty years.

      Sec.5.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec.6.  The board of county commissioners of Lander County is hereby authorized to negotiate the sale of said bonds or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec.7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of Lander County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Lander County High-School Austin Building Fund,” and to pay out said moneys only in the manner now provided by law for the payment of the “County High-School Fund” and for the purposes for which the same were received.

      Sec.8.  The county board of education of Lander County is hereby authorized, empowered and directed to use said moneys arising from the sale of said bonds, or so much thereof as they may deem necessary, for the acquisition of a site for and for the construction, equipment and furnishing of a county high-school building in the town of Austin, Nevada; and any balance remaining in said fund after the completion, equipment and furnishing of said building, shall be turned over and converted into the fund provided by law for running and maintaining said high school in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of high-schools in the various counties of this state. And the county board of education of said county is hereby empowered and authorized to lease or rent for any purpose not inconsistent with the proper maintenance of a high school in said building, any part or portion thereof which shall not be required for the maintenance of a high school therein, pending the time when such portion of said building shall be so required for high-school purposes; and any and all sums received as rentals therefor shall be paid into the fund provided by law for running and maintaining said high school.

      Sec.9.  Said county board of education shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, all, however, subject to the approval of the state superintendent of public instruction, and all with due regard both for the present needs and probable future requirements; and when such determination is made, and such approval had, said board shall advertise for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained.


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

ê1925 Statutes of Nevada, Page 73 (CHAPTER 55, SB 61)ê

 

for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Upon the completion of said building, said county board of education shall furnish and equip the same. The laws in force governing contracts by boards of county commissioners are hereby made applicable to and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education under the provisions of this act shall be paid in the manner now provided by law for paying claims against the “County High-School Fund.”

      Sec.10.  For the purpose of creating a fund for the payment of the principal and interest of the bonds authorized by this act, the board of county commissioners of said Lander County is hereby authorized and required to levy and collect annually a special tax on the taxable property within said county, including the proceeds of mines, sufficient in amount to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one, and consecutively thereafter, three of said bonds annually, beginning with the first day of July, 1926, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer of said county in a special fund to be known as the “Lander County High-School Austin Bond Sinking Fund.” It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1926, and thereafter on the first day of July of each year, until all of said bonds have been redeemed and retired. Should the holder of said bonds, or any of them, for any cause whatever fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said sinking fund shall, by the order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said high school at Austin.

      Sec.11.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

 

 

 

 

 

 

 

 

 

 

Annual tax authorized

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county treasurer


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ê1925 Statutes of Nevada, Page 74 (CHAPTER 55, SB 61)ê

 

 

 

County treasurer liable under official bond

 

 

Faith of state pledged

 

 

 

In effect

the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 12.  The county treasurer of said Lander County shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec.13.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full, as in this act specified.

      Sec.14.  For good cause shown this act shall be in effect immediately upon its passage and approval.

 

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CHAPTER 56, AB 81

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County officers to be ex officio officers

[Assembly Bill No. 81–Clark County Delegation]

 

Chap. 56–An Act to amend certain sections of an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended March 22, 1913, and further amended February 17, 1921, and further amended March 5, 1923.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 5.  Officers, Appointive and Ex Officio, Enumeration of-Compensation. The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the county clerk and ex officio clerk of the district court of the county of Clark shall be ex officio city clerk of the city of Las Vegas, and ex officio license collector of the city of Las Vegas. Each of the above-mentioned officers in this section set forth shall perform the respective duties in their offices under said city without extra compensation, except as hereinafter provided, but for the performance of the duties as city assessor relative to special assessments as in this act provided the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessment, and the board of commissioners shall fix and pay the deputy such compensation as they deem fit.


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ê1925 Statutes of Nevada, Page 75 (CHAPTER 56, AB 81)ê

 

and pay the deputy such compensation as they deem fit. The county treasurer and ex officio tax receiver of the county of Clark shall be entitled to receive for his services, as ex officio treasurer and tax receiver of the city of Las Vegas, a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas.

      The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The county clerk and ex officio clerk of the district court shall be entitled to receive for his services as ex officio city clerk and ex officio license collector of the city of Las Vegas a salary of not to exceed fifty ($50) dollars per month from the city of Las Vegas, and shall be liable on this official bond for the faithful discharge of the duties imposed on him by this act.

      The board of commissioners may appoint a city attorney, with a regular salary of not to exceed eighteen hundred ($1,800) dollars per annum, payable in equal monthly installments; also a city marshal with a salary not to exceed twenty-four hundred ($2,400) dollars per annum payable in equal monthly instalments; also a judge of the municipal court at a salary not to exceed fifty ($50) dollars per month.

      Said board of commissioners may also from time to time, by ordinance or resolution, or by either, or both, fix and provide for the allowance and payment to said city attorney of additional compensation for the prosecution of cases, for conviction in cases, and also by way of commissions or fines and forfeitures imposed and enforced.

      The board of commissioners may appoint such other officers as such board may from time to time ordain and establish with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed, and paid by board of commissioners out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person.

      Sec.2.  Section 29 of chapter II of the above-entitled act is hereby amended to read as follows:

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

Salary of ex officio tax receiver

 

 

 

 

Salary of ex officio clerk

 

 

 

City attorney and marshal, salary

 

 

 

 

 

 

 

Other officers may be appointed

 

 

 

 

 

 

 

Police judge qualifications

 

 

 

 

Concurrent jurisdiction with justice courts


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ê1925 Statutes of Nevada, Page 76 (CHAPTER 56, AB 81)ê

 

 

Proviso

 

 

 

 

 

 

Fines, regulations regarding

 

 

 

 

 

Municipal court, jurisdiction in various cases

 

 

 

 

 

 

 

 

 

Proviso

limits of said city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

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

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


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ê1925 Statutes of Nevada, Page 77 (CHAPTER 56, AB 81)ê

 

powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarrelling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct and of all offenses under ordinances of the city.

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

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

      In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such police judge, and the commissioners shall have power to apportion ratably the salary or compensation of such police judge to such person so serving, and deduct the sum so apportioned from the salary of such police judge.

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

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

      Sec.3.  Section 31 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 31.  The said board of commissioners shall have the power to make and pass all ordinances, resolutions, and orders not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than five hundred ($500) dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

Jurisdiction of offenses against peace of city

 

 

 

Treated as justice court

 

 

 

 

Docket to be kept

 

 

 

 

 

Judge disqualified to act, when

 

 

 

 

 

 

 

Appeals, how taken

 

 

Warrants

 

 

 

Powers of board of commissioners


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ê1925 Statutes of Nevada, Page 78 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than five hundred ($500) dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

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

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

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

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

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


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ê1925 Statutes of Nevada, Page 79 (CHAPTER 56, AB 81)ê

 

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

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of one hundred and fifty thousand ($150,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than six per cent per annum, the interest on each bond to be payable semiannually.

      Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any instalment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk and shall be distinctively known as “Las Vegas Sewerage Bonds.” Before issuing the said bonds the said board shall publish a notice for at least three consecutive weeks in some daily newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. If there be no daily newspaper published in this city, the said notice shall be posted in at least three conspicuous places within the limits thereof for the same length of time and in addition thereto published in a weekly newspaper of said city for the period aforesaid. Notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system. The board shall cause a sufficient number of ballots to be printed which shall bear the words, “Sewerage Bonds-Yes,” and “Sewerage Bonds-No,” printed thereon in parallel lines one above the other.

Further powers of board of commissioners


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ê1925 Statutes of Nevada, Page 80 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

Bonds-No,” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes,” if opposed to the bonds, and the word “No,” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections. If the majority of the votes cast are in favor of the issuance of the bonds the board of said commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within thirty years from the date of issue.

      The said board shall provide for the payment of the said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes, by levying an additional tax upon the property, real and personal within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such a rate as will redeem all of the bonds within thirty years from the date of their issue; in which case the thirty years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.

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

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

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

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

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and businesses, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every and all kinds for which an admission fee is charged; circuses, shows, billiard-tables, pool-tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, chop-houses, cafes, saloons, eating-houses, lunch-counters, barrooms, games and gaming-houses, lodging-houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick-yards, pressed-brick yards, street railway companies operating in whole or in part within the city.


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ê1925 Statutes of Nevada, Page 81 (CHAPTER 56, AB 81)ê

 

license tax on and regulate all taverns, hotels, restaurants, chop-houses, cafes, saloons, eating-houses, lunch-counters, barrooms, games and gaming-houses, lodging-houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick-yards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix and impose and collect a license tax on and regulate auctioneers and stockbrokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all barrooms, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawn-brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick-yards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy-houses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dance-houses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all of its various forms. To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher-shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness-makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin-shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barbershops, collection agencies and collectors, carpet-cleaners, photographers, wagon-makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailorshops, shoeshops, cobblers, tinkers, clothcleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments,

Further powers of board of commissioners


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ê1925 Statutes of Nevada, Page 82 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

making establishments, telephone companies, electric light, water and power companies, bankers, brokers, of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine-shops, car-shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every and any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by bill-boards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business and all trades and professions, including attorneys, doctors, physicians and dentists and all character of lawful business or callings and not herein specifically named; provided, that in fixing license the board must make the same uniform as to each trade, calling, business, occupation or profession.

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

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

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

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

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

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


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ê1925 Statutes of Nevada, Page 83 (CHAPTER 56, AB 81)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Further powers of board of commissioners


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ê1925 Statutes of Nevada, Page 84 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.

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

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

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

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

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

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

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

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

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


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ê1925 Statutes of Nevada, Page 85 (CHAPTER 56, AB 81)ê

 

authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

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

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

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

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

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

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

      45.  To establish markets and market houses and to provide for the regulation and use thereof.

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

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

Further powers of board of commissioners


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ê1925 Statutes of Nevada, Page 86 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.

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

      49.  To provide for the inspection, and sealing of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and appoint the necessary officers therefor.

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

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

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

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

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


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ê1925 Statutes of Nevada, Page 87 (CHAPTER 56, AB 81)ê

 

burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

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

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

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

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

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

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

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

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

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

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

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

Further powers of board of commissioners


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ê1925 Statutes of Nevada, Page 88 (CHAPTER 56, AB 81)ê

 

Further powers of board of commissioners

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

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

      68.  To prohibit cruelty to animals.

      69.  To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

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

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

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

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


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ê1925 Statutes of Nevada, Page 89 (CHAPTER 56, AB 81)ê

 

or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.

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

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

      76.  To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

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

      78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries; and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.

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

      80.  Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      81.  To adopt and enforce by ordinance all such measures and establish all such regulations, in case no express provision is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control or carry into force or effect any other power of the city, and to do and perform any, every and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.

Further powers of board of commissioners


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

ê1925 Statutes of Nevada, Page 90 (CHAPTER 56, AB 81)ê

 

In effect

 

      Sec.4.  This act shall take effect and be in full force from and after its passage and approval.

 

________

 

CHAPTER 57, AB 122

 

 

 

 

 

 

 

 

 

 

Compliance with act compulsory

 

 

 

 

Must have paid-up capital of $50,000

 

 

 

 

 

What securities may be deposited

[Assembly Bill No. 122–Mr. Green]

 

Chap. 57–An Act to regulate the business of title insurance in the State of Nevada and matters relating thereto.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  No company, corporation or association organized under the laws of this state, or any other state or government, or firm, or individual, shall be permitted to transact a title insurance business in this state, without first complying with the requirements of this act and securing a certificate of authority therefor from the state controller, as ex officio state insurance commissioner. The fee for such license shall be twenty dollars per annum, payable on or before the first day of July of each year.

      Sec.2.  Every title insurance company, before issuing any guarantee or policy of title insurance, shall have a paid-up, unimpaired cash capital equal to fifty thousand dollars in United States gold coin; twenty-five thousand dollars of which shall be deposited with the state treasurer, as herein provided, as a “guarantee fund” for the security and protection of the holders of, or beneficiaries under, such guarantees or policies of insurance. Any such deposit may be made either in lawful money of the United States or in any of the securities hereinafter specified as follows, to wit:

      (a) United States bonds or interest-bearing notes or obligations of the United States or those for which the faith and credit of the United States are pledged for the payment of principal and interest;

      (b) Deeds of trust for real estate (unencumbered), situate within this state, the value of which for the purpose of this act shall not exceed 60% of the actual cash market value of the property conveyed or encumbered thereby, and which deeds of trust shall, at the expense of the company so depositing same, be recorded in the office of the county recorder of the county in which the property thereby conveyed is situated;

      (c) Bonds of this or any other state, for which the faith and credit of the state so issuing same are pledged for the payment of principal and interest thereon;

      (d) Bonds or interest-bearing notes or obligations issued under authority of law by any county, municipality, irrigation district, or school district in this state, or any other state or territory of the United States;

      (e) Notes or bonds secured by first mortgage or deeds of trust or other first lien upon real estate, improved or unimproved; provided, that the principal so loaned or the entire note or bond issue so secured shall not exceed 60% of the market value of such real estate, or such real estate with improvements taken as security at the date of investment;

 


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

ê1925 Statutes of Nevada, Page 91 (CHAPTER 57, AB 122)ê

 

of trust or other first lien upon real estate, improved or unimproved; provided, that the principal so loaned or the entire note or bond issue so secured shall not exceed 60% of the market value of such real estate, or such real estate with improvements taken as security at the date of investment;

      (f) Stocks or bonds of any corporation organized under the laws of this state or the United States when such corporation is regulated by the banking laws of this state or of the United States;

      (g) A surety bond for the sum of $25,000 executed by a reliable surety company authorized to do business in this state, and approved by the state controller. Said surety bond to be conditioned for the payment of any losses which may be sustained by any holder or holders of policies of title insurance issued by the company so depositing said surety bond, by reason of any error or misstatement in said policy or policies of title insurance.

      Said money or securities shall be first approved by the state controller, and, upon his written order, deposited with the state treasurer for the purpose herein specified, and said treasurer shall give his receipt therefor, and thereafter, subject to the provisions of this section, shall hold such deposits of money or securities for the security and protection of the holders of, or beneficiaries under, any guarantee or policy of insurance issued by such company, and the state shall be responsible for the custody and safe return of any money or securities so deposited. Said securities or money so deposited, may, with the approval of the state controller, be withdrawn or exchanged from time to time for other securities or lawful money, receivable as aforesaid. So long as the company so depositing said money or securities shall continue solvent, it shall have the right and shall be permitted by the state treasurer to receive the interest, rents, and dividends on any securities so deposited. Said securities and money shall be subject to sale and transfer and to the disposal of the proceeds thereof by said state treasurer only on the order of a court of competent jurisdiction and for the security and protection of the holders of such guarantees and policies of insurance.

      Sec.3.  The value of any real estate, or mortgage or deed of trust on real property so deposited with the state treasurer under the provisions of this act, shall be appraised by one or more appraisers approved by the state controller. Said appraiser or appraisers shall be a resident of the county in which the property or some part thereof is situated. The reasonable cost of making such appraisement shall be paid by the title insurance company making such deposit, and shall not exceed five dollars for each appraiser not exceeding two, besides the necessary expenses of such appraisers. When any part of the securities so deposited with the state treasurer consists of real estate, or notes or bonds secured by mortgage or deed of trust or in loans upon real property secured by deed of trust, such real estate, mortgages or deeds of trust shall be accompanied by a certificate of a reputable title company doing business in the county in which said real estate or securities thereon is situated, showing the title to said real property so deposited, to be vested in said company so depositing the same, free and clear of all encumbrances and defects material thereto, and the said mortgage or deed of trust so deposited to be a first lien on the property covered thereby.

What securities may be deposited

 

 

 

 

 

 

 

 

 

 

 

Securities must be approved by state controller

 

 

 

 

 

 

 

 

 

 

 

 

 

Appraisers to determine value of real estate


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

ê1925 Statutes of Nevada, Page 92 (CHAPTER 57, AB 122)ê

 

 

 

 

 

 

 

 

May invest funds in business

 

 

 

 

 

 

 

“Title Insurance Reserve Fund” created

 

 

 

 

 

 

 

 

 

 

 

 

 

What shall constitute policy of title insurance

mortgage or deed of trust or in loans upon real property secured by deed of trust, such real estate, mortgages or deeds of trust shall be accompanied by a certificate of a reputable title company doing business in the county in which said real estate or securities thereon is situated, showing the title to said real property so deposited, to be vested in said company so depositing the same, free and clear of all encumbrances and defects material thereto, and the said mortgage or deed of trust so deposited to be a first lien on the property covered thereby.

      Sec.4.  Any such corporation organized under the laws of this state and having a capital stock paid in, in cash, of more than fifty thousand dollars, after depositing said guarantee fund as above provided, may invest an amount not exceeding fifty per cent of its subscribed capital stock in the preparation and purchase of materials or plant necessary to enable it to engage in such title insurance business; and such materials or plant shall be deemed an asset, valued at the actual cost thereof, in all statements and proceedings required by law for the ascertainment and determination of the condition of such corporation, or at such less value as may be estimated by such corporation in any such statement or proceeding.

      Sec.5.  Every title insurance company shall annually set apart a sum equal to ten per cent of its premiums collected during the year, which sums shall be allowed to accumulate until a fund shall have been created equal in amount to 25% of the subscribed capital stock of such corporation. Such funds shall be maintained as a further security to holders of the guarantees or policies of insurance issued by such corporation, and shall be known as the “Title Insurance Reserve Fund,” and if at any time such fund shall be impaired by reason of a loss, the amount by which it may be impaired shall be restored in the manner hereinabove provided for its accumulation. The reporting of a loss shall be deemed an impairment of such fund for the purposes of this section. Such corporation must not make any dividends except from profits remaining on hand after retaining unimpaired: 1. The entire subscribed capital stock. 2. The amount set apart as a reserve fund under the provisions of this section. 3. A sum sufficient to pay all liabilities for expenses and taxes, and all losses reported or in course of settlement, without impairment of the title insurance reserve fund required to be set part as hereinabove provided.

      Sec.6.  Any written contract or instrument purporting to show the title to real property, or furnish information relative thereto, which shall in express terms purport to insure or guarantee such title or the correctness of such information, shall be deemed a policy of title insurance; provided, however, that nothing herein shall be construed as in any way affecting the business of compiling abstracts of title, or the issuance of a certificate of title where no liability is assumed in express terms for a specified amount.


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

ê1925 Statutes of Nevada, Page 93 (CHAPTER 57, AB 122)ê

 

of title, or the issuance of a certificate of title where no liability is assumed in express terms for a specified amount.

      Sec.7.  The state controller is hereby authorized, whenever he shall deem it necessary, to examine the books, accounts, securities and all property belonging to any title insurance company incorporated under the laws of this state, in order to satisfy himself as to the value of the assets of said company and that such company has complied with the provisions of this act, and if he finds that the assets of said company are not of the value of at least $50,000, or that said company is not complying with such provisions, he shall give notice to such company to immediately repair its capital, or fully comply with the terms of this act, and shall refuse or revoke his certificate of authority to such company to do business in this state until such time as said company shall have fully complied therewith. If any such company shall refuse to permit such examination the controller shall refuse or revoke his certificate of authority to such company. The controller shall have power to examine any officer, agent, or employee of such company, under oath, and require answers in writing, with reference to the financial condition of said company.

      Sec.8.  Any title insurance company organized under the laws of another state shall be permitted to engage in the title insurance business in this state when it can show to the controller, by the reports of the insurance commissioner or insurance officer of some other state having a department regulating the business of title insurance, or by a certificate of such insurance officer, that said corporation is possessed of a paid-up, unimpaired cash capital of at least fifty thousand dollars, and has complied with the requirements of the department regulating title insurance in said state; provided, however, that when the requirements of the department regulating the business of title insurance in any foreign state shall be less favorable to any title insurance policy holder than the requirements prescribed and imposed by this act, no such certificate or report shall be accepted by the controller as sufficient authority for the issuance by him of any certificate of authority to such title insurance company to do business in this state, and said title insurance company shall then be required to fully comply with all the provisions of this act as though said company were incorporated under the laws of this state.

      Sec.9.  Not later than 30 days after the first day of July, 1925, any company now engaged in a title insurance business in this state shall apply to the controller for a certificate of authority to transact such business, and shall submit with said application a statement duly sworn to by the proper officers of said company, showing the assets and liabilities of such company, and if said controller shall be satisfied that such company has fully complied with the provisions of this act, and is qualified to engage in such business, he shall issue the same, and the admission of any title insurance company to do business in this state shall not be denied by the controller when it makes and tenders a full compliance with the provisions of this act.

 

 

Controller may examine books of company

 

 

 

 

 

 

 

 

 

 

 

 

Companies organized under laws of another state may be admitted

 

 

 

 

Proviso

 

 

 

 

 

 

 

Shall apply for certificate prior to August 1, 1925


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

ê1925 Statutes of Nevada, Page 94 (CHAPTER 57, AB 122)ê

 

 

 

 

 

Fees for examination

 

 

 

 

 

Misdemeanor to operate without certificate

 

 

 

Provisions to apply to all title insurance companies

provisions of this act, and is qualified to engage in such business, he shall issue the same, and the admission of any title insurance company to do business in this state shall not be denied by the controller when it makes and tenders a full compliance with the provisions of this act.

      Sec.10.  The controller shall collect for examining the financial condition of any title insurance company organized in this state, the just and legitimate expenses of such examination, which shall be paid by the said company, and the controller shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay such expenses.

      Sec.11.  Any officer, director, agent or employee of any such company, who, before obtaining a certificate of authority from the controller as herein provided, or after the revocation thereof by said controller as also provided herein, shall make any contract or issue any policy of guarantee or insurance affecting titles to real estate or engage in the title insurance business in this state, shall be deemed guilty of a misdemeanor and shall be punished accordingly.

      Sec.12.  The provisions of this act under either term or designation of company, corporation, association, firm or individual in either case, or where either term or designation is used, shall apply to any company, corporation, association, firm or individual engaged in or who may hereafter engage in the business of title insurance in this state as defined under section 6 of this act.

 

________

 

CHAPTER 58, AB 123

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of township officers of Storey County

[Assembly Bill No. 123–Storey County Delegation]

 

Chap. 58–An Act to regulate the salaries of constables and justices of the peace in Storey County, Nevada, and other matters relating thereto.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after the first Monday in January, A. D. 1925, the following-named township officers within Storey County, Nevada, shall receive, for services rendered by them, the following salaries:

      The justice of the peace of township number one, Virginia City, Storey County, Nevada, shall receive the sum of thirteen hundred and eighty ($1,380) dollars a year, and such fees in civil and criminal cases as are now allowed by law; provided, such justice of the peace shall have no claim against the county for services rendered in civil or criminal cases. Said salary shall be payable in twelve equal monthly instalments of one hundred and fifteen dollars a month.


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

ê1925 Statutes of Nevada, Page 95 (CHAPTER 58, AB 123)ê

 

      The constable of township number one, Virginia City, Storey County, Nevada, shall receive the sum of fifteen hundred ($1,500) dollars a year; provided, such constable shall have no claim against the county for services rendered in civil and criminal cases. Said salary shall be payable in twelve equal monthly instalments of one hundred and twenty-five dollars a month.

      Sec.2.  This act shall take effect from and after its passage; and it shall be construed to regulate and authorize the payment of the salaries fixed in section one to the officers therein named, from and after the first Monday of January, 1925.

 

 

 

 

 

In effect January, 1925

 

________

 

CHAPTER 59, SB 19

[Senate Bill No. 19–Senator Vencill]

 

Chap. 59–An Act providing for the control of the alfalfa weevil in the State of Nevada, and making an appropriation therefor.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of demonstrating methods of controlling the alfalfa weevil and carrying out control measures at certain strategic points, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of five thousand ($5,000) dollars, the money hereby appropriated to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved by the state quarantine officer and the state board of examiners.

      Sec.2.  For the purpose of carrying out the provisions of this act the state quarantine officer is hereby authorized to purchase such dusting and spraying apparatus and supplies as may be needed and to hire such properly qualified assistants as may be necessary to supervise the work during such period as same is being carried on. For the more efficient and economical carrying out of the provisions of this act the state quarantine officer is hereby authorized to cooperate financially or otherwise with any individual, firm or corporation or with any county or with any department or division of the state or federal government.

 

 

 

 

 

 

 

 

 

 

Appropriation $5,000

 

 

 

 

 

Duties of state quarantine officer

 

________

 

 


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

ê1925 Statutes of Nevada, Page 96ê

CHAPTER 60, SB 44

 

 

 

 

 

 

 

 

 

 

Legal notices defined

 

 

 

Newspapers defined

 

 

 

 

 

 

 

 

 

Legal notice to be published in certain papers only

 

 

 

 

 

 

Proviso

[Senate Bill No. 44–Senator Sprague]

 

Chap. 60–An Act to define legal notices and newspapers in which such notices may be legally published.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Any notice or other written matter whatsoever, required to be published in a newspaper by any law of this state, or by the order of any court of record in this state, shall be deemed and held to be a legal notice or advertisement within the meaning of this act.

      Sec.2.  Every newspaper printed and published daily, or daily except Sundays and legal holidays, or which shall be printed and published on each of any six days in every week excepting legal holidays and including or excluding Sundays, shall be considered and held to be a daily newspaper within the meaning of this act; every newspaper printed and published at regular intervals three times each week shall be considered and held to be a triweekly newspaper within the meaning of this act; every newspaper printed and published at regular intervals twice each week shall be considered and held to be a semiweekly newspaper within the meaning of this act, and every newspaper printed and published at regular intervals once each week shall be considered and held to be a weekly newspaper within the meaning of this act.

      Sec.3.  Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly or a weekly newspaper of general circulation and printed in whole or in part in the county in which such notice or advertisement is required to be published; which said newspaper, if published triweekly, semiweekly or weekly, shall have been so published in such county, continuously and uninterruptedly, during the period of at least twenty-six consecutive weeks next prior to the first issue thereof containing any such notice or advertisement, and which said newspaper, if published daily, shall have been so published in such county, uninterruptedly and continuously, during the period of at least six months next prior to the first issue thereof containing any such notice or advertisement; provided, that the mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county, shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within such county as herein provided; provided further, that a newspaper shall not lose its rights as a legal publication if it should fail to publish one or more of its issues by reason of a strike, or for any good cause should suspend publication for a total period not exceeding thirty days in any calendar year; provided, that any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal, if publication has been made in one issue of said publication and is resumed within a reasonable period; provided further, that if in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.


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

ê1925 Statutes of Nevada, Page 97 (CHAPTER 60, SB 44)ê

 

for any good cause should suspend publication for a total period not exceeding thirty days in any calendar year; provided, that any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal, if publication has been made in one issue of said publication and is resumed within a reasonable period; provided further, that if in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.

      Sec.4.  Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers and weekly newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements.

      Sec.5.  Any and every legal notice or advertisement published in a newspaper in violation of any of the provisions of this act shall be absolutely void; provided, however, that this act shall not be construed to make void legal notices or advertisements in any newspaper published continuously for six months prior to July 1, 1925, the effective date of this act, if said newspapers otherwise comply with the provisions of this act thereafter.

 

 

 

 

Exception

 

 

 

 

What papers competent

 

 

 

When publication void

 

Proviso

 

________

 

CHAPTER 61, SB 66

[Senate Bill No. 66–Senator Miller]

 

Chap. 61–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation of their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, and as amended by an act approved March 22, 1915, and as amended by an act approved March 27, 1917, and as amended by an act approved March 28, 1919, as amended by an act approved March 22, 1921, and as amended by an act approved March 8, 1923.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 23 of the above-entitled act is hereby amended to read as follows:

 


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

ê1925 Statutes of Nevada, Page 98 (CHAPTER 61, SB 66)ê

 

 

Injured employee entitled to accident benefits

 

 

 

 

 

Fund provided for accident benefits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of employer

      Section 23(a). Every injured employee within the provisions of this act shall be entitled to receive, and shall receive promptly, such medical, surgical and hospital or other treatment, including nursing, medicines, medical and surgical supplies, crutches and apparatus, including artificial members, as may reasonably be required at the time of the injury and within six months thereafter, which may be further extended by the Nevada industrial commission for an additional period of one year. The benefits conferred by this paragraph upon the injured employee shall hereafter be termed “Accident Benefits.”

      (b) For the purpose of providing a fund to take care of said accident benefits as in this act provided the Nevada industrial commission is authorized and directed to collect a premium upon the total pay-roll of every employer, except as hereinafter provided, in such a percentage as the commission shall by order fix; every employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the Nevada industrial commission. Every employer paying such premium for accident benefits may collect one-half thereof, not to exceed one dollar per month from each employee, and may deduct the same from the wages of such employee.

      The Nevada industrial commission shall have the authority to adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this subdivision of this section. All fees and charges for such accident benefits shall be subject to regulation by the commission, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      The state insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the fund provided for accident benefits shall be a separate and distinct fund, and shall be so kept.

      (c) It shall be the duty of every employer accepting the provisions of this act, immediately upon the occurrence of an injury to any of his employees, to render to such employee all necessary first aid, including cost of transportation of the injured employee from the place of injury to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation; such employer shall forthwith notify the commission of such accident, giving the name of the injured employee, the nature of the accident and where and by whom the injured employee is being treated, and the date of the accident. Every employer paying accident benefit premiums to the Nevada industrial commission furnishing such first aid shall be entitled to receive from the commission the amount of such expenditure reasonably made.


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

ê1925 Statutes of Nevada, Page 99 (CHAPTER 61, SB 66)ê

 

      (d) Every employer operating under this act alone or together with other employers may make arrangements for the purpose of providing accident benefits as defined in this act for injured employees, and such employer may collect one-half of the cost of such accident benefits from their collective employees, not to exceed one dollar per month from any one employee, and may deduct the same from the wages of each employee. Employers electing to make such arrangements for providing accident benefits shall notify the Nevada industrial commission of such election and render a detailed statement of the arrangements made. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before the thirtieth day of January of each year, make a written report to the Nevada industrial commission for the preceding year, which report shall contain a statement showing: (1) Total amount of hospital fees collected, showing separately the amount contributed by the employees, and the amount contributed by the employers; (2) an itemized account of the expenditures, investments, or other disposition of such fees, and (3) a statement showing what balance, if any, remains. Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician, if contracted to a physician.

      Every employer who fails to so notify said Nevada industrial commission of such election and arrangements, or who fails to render the financial report required herein, shall be liable for accident benefits as heretofore provided by subdivision (b) of this section.

      (e) If it be shown or the commission finds that the employer is furnishing the requirements of medical, surgical, or hospital aid or treatment provided for in this act in such a manner that there are reasonable grounds for believing that the health, life, or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of the employee or upon its own motion, order a change in the physician or other requirements, and if the employer fails to promptly comply with such order, the injured employee may elect to have such medical, surgical, or hospital aid or treatment provided by or through the Nevada industrial commission, in which event the cause of action of said injured employee against the employer or hospital association shall be assigned to the Nevada industrial commission for the benefit of the state insurance fund, and the Nevada industrial commission shall furnish to said injured employee the medical, surgical, or hospital aid or treatment provided for in this act.

Employer may provide accident benefits

 

 

 

 

 

Employer to file report

 

 

 

What report to contain

 

 

 

 

 

 

 

Failure to notify renders employer liable

 

 

Commission may intervene, when

 

________

 

 


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

ê1925 Statutes of Nevada, Page 100ê

CHAPTER 62, SB 72

 

 

 

 

 

 

 

 

 

 

 

 

 

Action in cases of emergency or great necessity

[Senate Bill No. 72–Senator Friedhoff]

 

Chap. 62–An Act to amend section 11 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  In case of great necessity or emergency the governing board of any city, town, school district, county high school, high-school district, educational district, or irrigation district organized according to law, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation for at least two publications, one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice; provided further, however, that in school districts having less than 100 pupils in average daily attendance the publication of such emergency resolution may be made by posting conspicuously, in three different places in said school district, notice containing in full the emergency resolution with the date upon which the board of school trustees of said district are to meet to act upon said emergency resolution, and such posting of said resolution shall be made not less than five days previous to the date fixed in said emergency resolution for action thereon. Upon the unanimous adoption by any governing board of any emergency resolution, a certified copy thereof shall be forwarded to the state board of finance, for its approval, and no such resolution shall be effective until approved by the state board of finance, and the resolution of the said board of finance recorded in the minutes of the board. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved in whole or in part by said board.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 101ê

CHAPTER 63, SB 80

[Senate Bill No. 80–Senator Carpenter]

 

Chap. 63–An Act to amend section 9 of an act entitled “An act concerning juries,” approved March 5, 1873, and all acts amendatory thereof and supplementary thereto.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 9 of the above-entitled act, the same being section 4932, Revised Laws, 1912, is hereby amended to read as follows:

      Section 9.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors: Any federal or state officer, judge, justice of the peace, county clerk, sheriff, constable, assessor, recorder, attorney at law, physician, school teacher, the faculty and heads of departments of the state university while said university is in session, dentist, minister of the gospel, telegraph and telephone operators, locomotive or stationary engineer, locomotive fireman, conductor, brakeman, switchman, engine fireman, registered pharmacist, mail carrier engaged in the actual carrying of the United States mail on a regular mail route, and one-half of all members of each regularly enrolled fire company in the state, said half to be determined by the several fire companies respectively, and all officers of such fire companies, not exceeding ten for each company, and also in all cities and towns wherein there is a paid fire department, after such paid fire department shall have been organized and put in operation, all the members of said fire department, and all persons who now are or may hereafter become members of any exempt fireman’s association, society, or organization within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same such member shall have served as an active fireman in some regularly organized fire department in this state for the period of three years; and also in all cities and towns in this state wherein there are volunteer fire departments, after such volunteer departments shall have been organized and put in operation, all members thereof; and, also, all members thereof who may hereafter become members of any exempt fireman’s association, society, or organization, within this state; but such exemption shall not extend to any member of such association, society, or organization, unless prior to becoming a member of the same such member shall have served as an active fireman in some regularly organized volunteer fire department in this state for the period of five years; provided, that the entire exemption of such exempt firemen, where there is a paid fire department, shall not exceed in one town or city one hundred and fifty; and where there is a volunteer fire department the entire exemption shall not exceed, in any one town or city, fifty; and provided further, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county-seat of his county shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the facts that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars.

 

 

 

 

 

 

 

 

 

 

 

 

 

Who may be exempt from jury duty


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

ê1925 Statutes of Nevada, Page 102 (CHAPTER 63, SB 80)ê

 

Person residing sixty miles from county-seat may be exempted, when

firemen, where there is a paid fire department, shall not exceed in one town or city one hundred and fifty; and where there is a volunteer fire department the entire exemption shall not exceed, in any one town or city, fifty; and provided further, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county-seat of his county shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the facts that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars. Upon the receipt of such affidavit and such sum, the said clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the prior of one year from the date of such payment, the name of such person shall not be placed in the jury-box, nor shall such person be selected as a grand or trial juror. It shall be the duty of said clerk, upon the receipt of said sum, to deliver the same to the county treasurer of his county, and the said treasurer shall immediately place the same to the credit of the general fund of said county; and further provided, that any woman who shall file in the office of the county clerk, on or before the first day of January, a written statement claiming exemption from jury duty, shall thereafter be exempt from grand and trial jury duty.

 

________

 

CHAPTER 64, SB 89

 

 

 

 

 

 

 

 

 

 

 

County commissioners to bond county

[Senate Bill No. 89–Senator Friedhoff]

 

Chap. 64–An Act to authorize the board of county commissioners of Lyon County, Nevada, to issue bonds to provide for aid in the improvement of county and state highways in the county of Lyon.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of aiding the department of highways of the State of Nevada and the federal government in constructing and improving highways in and across Lyon County, and for the purpose of raising additional funds for county road purposes, the board of county commissioners of Lyon County may, and they are hereby authorized, empowered and directed to issue bonds in the name of said Lyon County, in the sum of not to exceed twenty thousand dollars, said bonds to be known as the Lyon County highway bonds. All moneys derived from the sale of said bonds to be expended by the county commissioners of said Lyon County, and within the bounds of said Lyon County, under the cooperation and direction of the board of county commissioners and the said department of highways.


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

ê1925 Statutes of Nevada, Page 103 (CHAPTER 64, SB 89)ê

 

      Sec.2.  The said board of county commissioners may, when they deem it expedient or necessary, 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 instalments of interest falling 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. Said bonds shall bear interest not to exceed six per cent per annum.

      Sec.3.  The said board of county commissioners is authorized to negotiate the sale of said bonds from time to time to the highest responsible bidders at not less than their par value; the proceeds of such sale shall be placed in what is known as the Lyon 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.

      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 cent per annum, said interest payable on the fifteenth day of January of each year after the issuance of said bonds until paid in full; and on the fifteenth day of January, five years after said bonds are issued, four or more of said bonds shall be redeemed and paid, and every twelve months thereafter four 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 the bonds so issued shall be redeemed and paid.

      Sec.5.  For the purpose of creating a fund for the redemption any payment of said bonds and the interest thereon, the said board of county commissioners of said county shall, at the time of making the annual tax levy for state and county purposes, and in the same manner, levy a tax upon all property subject to taxation within said Lyon County, including a tax on the net proceeds of mines, 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 Lyon County highway bond redemption fund, and shall be used for no other purpose, except as hereinafter 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 said bonds and the coupons thereon they shall be paid by the county treasurer out of the said Lyon County highway bond 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.

Bonds to be prepared

 

 

 

 

 

 

Commissioners to negotiate sale of bonds

 

 

 

 

 

Interest payable annually

 

 

 

 

 

 

 

 

Fund for redemption of bonds created


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

ê1925 Statutes of Nevada, Page 104 (CHAPTER 64, SB 89)ê

 

 

 

 

 

 

Legality of bonds not open to contest

 

Balance to revert to road fund

 

Faith of state pledged

 

 

 

In effect

said bonds and the coupons thereon they shall be paid by the county treasurer out of the said Lyon County highway bond 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.

      Sec.9.  This act shall be in effect immediately upon its passage and approval.

 

________

 

CHAPTER 65, AB 115

 

 

 

 

 

 

 

 

 

 

Survey of occupational diseases

 

Duties of Nevada industrial commission

[Assembly Bill No. 115–Eureka County Delegation]

 

Chap. 65–An Act authorizing an investigation and survey of occupational diseases in Nevada.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The Nevada industrial commission is authorized and directed, as hereinafter provided, to make an investigation and gather data and information as to the cause, nature and extent of occupational diseases in the State of Nevada.

      It shall be the duty of the Nevada industrial commission to gather information and data from all physicians, surgeons and hospitals, from the state board of health, and from county health officers, as to the existence, prevalence, causes, nature and extent of occupational diseases in the State of Nevada. Said commission is authorized to prepare and send out such questionnaires as it may deem necessary in gathering such data and information, and when such data and information is gathered it shall be submitted to the chief medical examiner of the commission who shall, on or before October 1, 1926, prepare therefrom, and from such other information as he may have, a report as to the existence, prevalence, causes, nature and extent of occupational diseases in Nevada, and submit his said report to the Nevada industrial commission.


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

ê1925 Statutes of Nevada, Page 105 (CHAPTER 65, AB 115)ê

 

diseases in Nevada, and submit his said report to the Nevada industrial commission.

      Upon receipt of such report from such chief medical examiner, it shall be the duty of the Nevada industrial commission to review the same, and all data and information which it shall have obtained, and to report its findings to the thirty-third session of the Nevada legislature.

      Sec.2.  It shall be the duty of the state board of health and of the county health officers to furnish to the Nevada industrial commission all data and information they have or may obtain concerning occupational diseases.

 

Report findings to legislature

 

 

Duties of board of health

 

________

 

CHAPTER 66, AB 111

[Assembly Bill No. 111–Mr. Phillips]

 

Chap. 66–An Act to repeal an act entitled “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, and matters properly connected therewith.

 

[Approved March 11, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  An act entitled “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, is hereby repealed, and any moneys now remaining in the fund created by said act shall immediately revert to the general fund of the State of Nevada.

      Sec.2.  This act shall take effect from the date of its approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Act creating judicial survey commission repealed

 

 

 

In effect

 

________

 

CHAPTER 67, SB 25

[Senate Bill No. 25–Senator Getchell]

 

Chap. 67–An Act to permit the state controller to make temporary transfers from the general fund to the state highway fund in certain cases and under certain conditions.

 

[Approved March 13, 1925]

 

      Whereas, In the construction of the state highway system of Nevada the greater share of the cost is borne by funds received from the government of the United States; and

      Whereas, Funds are paid by the government of the United States only on proof of work completed as represented by vouchers submitted through the proper channels; and

 

 

 

 

 

 

 

 

Preamble


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

ê1925 Statutes of Nevada, Page 106 (CHAPTER 67, SB 25)ê

 

 

 

 

 

 

 

 

 

 

 

 

State engineer shall file certificate with controller

 

 

 

Controller authorized to transfer money from general fund

States only on proof of work completed as represented by vouchers submitted through the proper channels; and

      Whereas, Though construction costs are kept within appropriations and allotments, it happens at times that claims arising under construction exceed the amount available in the state highway fund; and

      Whereas, It is desirable and necessary that all claims arising under highway construction be paid as promptly as possible; therefore

 

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

Assembly, do enact as follows:

 

      Section1.  The state highway engineer shall, at least once each month, file with the state controller a certificate showing the number and amount of vouchers filed with the district engineer of the bureau of public roads, having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the State of Nevada under appropriations made by Congress for aid to the various states for highway construction.

      Sec.2.  Whenever claims payable out of the state highway fund, properly approved by the board of examiners, exceed in amount more than is available in the state highway fund, the state controller is authorized to transfer temporarily from the general fund to the state highway fund such amount as may be required to pay said claims, but not to exceed fifty (50) per cent of the amount collectable from the government of the United States as shown by the vouchers mentioned in section 1 of this act.

 

________

 

CHAPTER 68, SB 37

 

 

 

 

 

 

 

 

 

 

 

 

 

Reverted lands withdrawn from sale

[Senate Bill No. 37–Senator Friedhoff]

 

Chap. 68–An Act withdrawing from sale and contract of sale all lands granted to the State of Nevada by the United States which have reverted to the state and which are subject to sale; prescribing the duties of the state land register respecting the same and modifying all acts and parts of acts in conflict herewith.

 

[Approved March 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That all lands that have been granted to the State of Nevada by the United States of America, including the sixteenth and thirty-sixth sections and those selected in lieu thereof, in accordance with the terms and conditions of the several grants, which, after contract of sale, have reverted to the state or have been forfeited to the state or which for any cause are now subject to sale or contract of sale in accordance with the existing laws of Nevada, are hereby withdrawn from such sale or contract of sale and shall not be sold or contracted for sale from and after the passage and approval of this act, anything in the existing laws of Nevada to the contrary notwithstanding.


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

ê1925 Statutes of Nevada, Page 107 (CHAPTER 68, SB 37)ê

 

accordance with the existing laws of Nevada, are hereby withdrawn from such sale or contract of sale and shall not be sold or contracted for sale from and after the passage and approval of this act, anything in the existing laws of Nevada to the contrary notwithstanding.

      Sec.2.  It is hereby declared the purpose of the legislature that the lands mentioned and referred to in section 1 of this act shall not be subject to sale or contract of sale for such time as may be necessarily consumed in negotiating with the general government for the relinquishment back to said general government of such lands in consideration for the grant of lieu lands, and the legislature expressly declares that nothing in this act is intended to authorize any breach of the contract with the general government under which said lands were originally granted and accepted. The period of the withdrawal mentioned in section 1 shall expire on March 1, 1927, unless further extended by the legislature session of 1927.

      Sec.3.  The state land register shall do all things needful respecting his records and notices to carry this act into effect.

      Sec.4.  All acts and parts of acts in conflict with this act are modified or suspended in accordance with the provisions of this act.

      Sec.5.  Good cause appearing as provided by law, this act shall be effective from and after its passage and approval.

 

 

 

 

Period of withdrawal extends to March 1, 1927

 

 

 

 

 

 

Duties of state land register

 

 

In effect

 

________

 

CHAPTER 69, SB 38

[Senate Bill No. 38–Senator Friedhoff]

 

Chap. 69–An Act to amend an act entitled “An act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada,” approved March 12, 1885, as the same has beeen amended; authorizing the governor to accept possession and title to any lands that may be offered by the United States government and to convey, reconvey, and relinquish claim of title and title to certain lands in consideration thereof, by adding an additional section to be known as section 18 1/2.

 

[Approved March 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That the certain act mentioned in the title of this act be and the same is hereby amended by adding a section to be known as section 18 1/2 reading as follows:

      Section 18 1/2.  Whenever, pursuant to the laws of the United States, any lands are offered to the State of Nevada by the general government or any department thereof, the governor is authorized, in his discretion, to accept the same and the possession and title thereof in the name of the State of Nevada and to take all needful steps to comply with any requirement and condition mentioned in such offer, and the governor shall have power,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

 

Governor to accept land grants


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

ê1925 Statutes of Nevada, Page 108 (CHAPTER 69, SB 38)ê

 

 

 

 

 

Proviso

and the possession and title thereof in the name of the State of Nevada and to take all needful steps to comply with any requirement and condition mentioned in such offer, and the governor shall have power, among other things, to execute agreements, to convey and reconvey lands by deeds of relinquishment and other deeds according to and in extension of the provisions of section 18 of this act; provided, however, that the authority hereby granted the governor shall not involve the acceptance of title to more than 30,000 acres of lands that may be offered by the general government, nor shall it involve or extend to the relinquishment of claims or title to lands of value equal to the value of more than such 30,000 acres owned by the state, including the computed value or exchange value of such claims as the state may have or might advance against the general government or in compromise or settlement of any erroneous selections, charges or credits in the land accounts of the state and nation. It is hereby declared to be the sense of the legislature that the governor should first negotiate for the acquisition of the said lands as an unconditional grant by the federal government to the State of Nevada without other or further considerations, and that in the event that he shall be unable to acquire said land in the manner indicated, that then, in his discretion, he be authorized to obtain said lands on the best terms available.

      Sec.2.  Good cause appearing, this act shall take effect immediately upon its passage and approval.

 

________

 

CHAPTER 70, SB 46

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of state officers after January 1, 1927

[Senate Bill No. 46–Joint Ways and Means Committee]

 

Chap. 70–An Act to amend an act entitled “An act fixing and regulating the salaries of certain state officers of the State of Nevada,” approved March 21, 1921.

 

[Approved March 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended to read as follows:

      Section 1.  From and after the first Monday in January, A. D. 1927, the following annual salaries shall be paid to the state officers named herein, at the time and in the manner prescribed by law: To the governor, seven thousand dollars, ($7,000); to the secretary of state, thirty-six hundred dollars ($3,600); to the state controller, thirty-six hundred dollars ($3,600); to the state treasurer, thirty-six hundred dollars ($3,600); to the attorney-general, five thousand dollars ($5,000); to the surveyor-general, thirty-six hundred dollars ($3,600); to the superintendent of public instruction, thirty-six hundred dollars ($3,600); to the clerk of the supreme court, thirty-six hundred dollars ($3,600); to the superintendent of state printing, thirty-six hundred dollars ($3,600); to the inspector of mines, thirty-six hundred dollars ($3,600); to the lieutenant-governor, the sum of fifteen dollars ($15) the day for such time as he may be actually employed as presiding officer of the senate and also when in the absence of the governor he may act as governor; he shall also be allowed his actual traveling expenses made necessary by his acting as president of the senate or as governor.


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

ê1925 Statutes of Nevada, Page 109 (CHAPTER 70, SB 46)ê

 

dollars ($3,600); to the superintendent of public instruction, thirty-six hundred dollars ($3,600); to the clerk of the supreme court, thirty-six hundred dollars ($3,600); to the superintendent of state printing, thirty-six hundred dollars ($3,600); to the inspector of mines, thirty-six hundred dollars ($3,600); to the lieutenant-governor, the sum of fifteen dollars ($15) the day for such time as he may be actually employed as presiding officer of the senate and also when in the absence of the governor he may act as governor; he shall also be allowed his actual traveling expenses made necessary by his acting as president of the senate or as governor.

 

 

________

 

CHAPTER 71, AB 25

[Assembly Bill No. 25–Judiciary Committee]

 

Chap. 71–An Act to amend section six of an act entitled “An act to control the sale of intoxicating liquor for medicinal purposes,” approved March 20, 1923.

 

[Approved March 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  For the purpose of securing the enforcement of this act the commissioner of food and drugs and weights and measure, appointed by the board of control of the Nevada agricultural experiment station, is hereby designated and constituted inspector of pharmacies, and such inspector shall only be allowed his necessary travel and incidental office expenses, such travel and office expenses not to exceed the sum of $500 in any one year; it being specially provided that no salary or salaries whatever shall be allowed or paid in carrying out the provisions of this act.

      Section 6 1/2.  All revenues derived from the operation of this act shall be placed in a fund to be known as “The Pharmacy Inspection Fund.” All revenues remaining in said fund at the end of each calendar year shall be transferred to the general fund of the state.

 

 

 

 

 

 

 

 

 

 

 

 

Commissioner of food and drugs to be pharmacy inspector

 

 

 

 

 

Fund created

 

________

 

 


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

ê1925 Statutes of Nevada, Page 110ê

CHAPTER 72, AB 96

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Survey commission act repealed

 

 

Funds to revert

 

 

In effect

[Assembly Bill No. 96–Mr. Phillips]

 

Chap. 72–An Act to repeal an act entitled “An act creating a state survey commission, providing for the appointment of the members thereof, defining the powers and duties of said commission, making an appropriation for the support thereof, and other matters properly relating thereto,” approved March 26, 1923; and providing for the disposition of any funds remaining in the hands, or under the control, of said commission.

 

[Approved March 13, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  That certain act of the legislature entitled “An act creating a state survey commission, providing for the appointment of the members thereof, defining the powers and duties of said commission, making an appropriation for the support thereof, and other matters properly relating thereto,” is hereby repealed.

      Sec.2.  All funds now remaining in the hands, or under the control, of the state survey commission, shall, upon the approval of this act, revert to the general fund of the State of Nevada.

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

 

________

 

CHAPTER 73, AB 86

 

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 86–Washoe County Delegation]

 

Chap. 73–An Act providing an appropriation for the payment of street work on those portions of Ninth street and University avenue, in the city of Reno, Washoe County, Nevada, fronting on the property of the Nevada state historical society.

 

[Approved March 16, 1925]

 

      Whereas, The city of Reno, a municipal corporation, located in Washoe County, Nevada, has provided for the pavement of certain streets in the said city of Reno, including a portion of Ninth street and a portion of University avenue in said city, and has provided for the construction and laying of curbs and gutters on certain streets in the said city of Reno, including a portion of Ninth 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 historical society front on said streets; and

      Whereas, Under said improvements, 1,000 square feet of asphaltic pavement on Ninth street costing $250, and 960 square feet of asphaltic pavement on University avenue costing $240, and 100 feet of curb and gutter on Ninth street costing $250, will be chargeable against the Nevada state historical society, the cost thereof amounting to seven hundred and forty ($740) dollars; now, therefore,


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

ê1925 Statutes of Nevada, Page 111 (CHAPTER 73, AB 86)ê

 

square feet of asphaltic pavement on University avenue costing $240, and 100 feet of curb and gutter on Ninth street costing $250, will be chargeable against the Nevada state historical society, the cost thereof amounting to seven hundred and forty ($740) dollars; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of seven hundred forty ($740) dollars is hereby appropriated out of the money in the state treasury, not otherwise appropriated, to pay the said city of Reno for the expense of improving Ninth street and University avenue in said city, fronting on the property of the Nevada state historical society, for the paving of 1,096 square feet of asphaltic pavement, and the laying and construction of 100 feet of curb and gutter on said streets, fronting and abutting on said property, and the state controller is hereby directed and required to draw his warrant for the sum of seven hundred and forty ($740) dollars, in favor of the 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.

 

 

 

 

 

 

 

 

Appropriation, $750

 

________

 

CHAPTER 74, AB 87

[Assembly Bill No. 87–Washoe County Delegation]

 

Chap. 74–An Act providing an appropriation for the payment of street work on that portion of Ninth street, in the city of Reno, Washoe County, Nevada, fronting on the property and grounds of the Nevada state university.

 

[Approved March 16, 1925]

 

      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 Ninth street in said city, and has provided for the payment thereof by special assessments against the properties abutting on said streets where the improvements are to be made; and

      Whereas, The said city of Reno has provided for the laying of concrete curbs and gutters on portions of said street hereinbefore mentioned, and has provided for the payment thereof by special assessments against the properties fronting on said street; and

      Whereas, There is chargeable against the grounds of the State University of Nevada, 560 feet of curb and gutter to be laid, at the cost of fourteen hundred ($1,400) dollars; and,

      Whereas, There is 6,800 square feet of asphaltic pavement chargeable against the grounds of the Nevada State University at the cost of seventeen hundred ($1,700) dollars; now, therefore,

 

 

 

 

 

 

 

 

Preamble


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

ê1925 Statutes of Nevada, Page 112 (CHAPTER 74, AB 87)ê

 

 

 

 

 

 

 

Appropriation, $3,100

University at the cost of seventeen hundred ($1,700) dollars; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of thirty-one hundred ($3,100) dollars is hereby appropriated out of the money in the state treasury, not otherwise appropriated, to pay the said city of Reno for the expenses of improving Ninth street in said city, fronting on the property of the Nevada state university, for the paving of 6,800 square feet of asphaltic pavement, and the laying and construction of 560 feet of curb and gutter on said street, fronting and abutting on said property, and the state controller is hereby directed and required to draw his warrant for the sum of thirty-one hundred ($3,100) dollars in favor of the said city of Reno, and the said 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 75, AB 134

 

 

 

 

 

 

 

 

 

 

 

 

 

Relatives may not be employed

 

 

 

Proviso

[Assembly Bill No. 134–Mr. Mayer]

 

Chap. 75–An Act to prohibit school trustees, state, county, municipal and township officials from employing or keeping in their employ any person or persons related to them within the third degree of consanguinity, or affinity, and providing penalties for the violation of the provisions of this act.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  From and after the passage and approval of this act, it shall be unlawful for any school trustee, state, township, municipal, or county official, elected or appointed, to employ on behalf of the State of Nevada, or any county thereof, in any capacity, his wife, son, daughter, or any person or persons related to him (by blood or marriage) within the third degree of consanguinity or affinity. Nothing in this act shall be deemed to disqualify any widow as an employee of any state or county officer; provided, however, the foregoing shall not apply to school districts when the teacher so related is not related to more than one of the trustees and shall receive an unanimous vote of all members of the board of trustees or county board of education.

      Sec.2.  No person employed contrary to the provisions of this act shall be entitled to or allowed compensation for such employment.


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

ê1925 Statutes of Nevada, Page 113 (CHAPTER 75, AB 134)ê

 

      Sec.3.  Any violation of this act shall constitute a misdemeanor, and upon conviction shall subject the person found guilty to a fine of not less one hundred ($100) dollars nor more than one thousand ($1,000) dollars, or to imprisonment in the county jail for not less than thirty days nor more than six months, or to both such fine and imprisonment.

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

Violation of act a misdemeanor

 

________

 

CHAPTER 76, AB 167

[Assembly Bill No. 167–Mr. Rogers]

 

Chap. 76–An Act to accept a gift of five thousand dollars from John Armstrong Chaloner and to provide for the administration thereof.

 

[Approved March 16, 1925]

 

      Whereas, John Armstrong Chaloner, of the state of Virginia, has delivered to the governor his check for five thousand dollars, payable to the state treasurer of Nevada, and

      Whereas, It is the desire of said John Armstrong Chaloner to have this sum expended in such a way as to demonstrate to the people of Nevada and elsewhere the existence of a practical opportunity in a new field of social welfare, so that, after such a demonstration, the people may intelligently judge whether such a service may be profitably continued at public expense; and

      Whereas, The factors and materials for such a demonstration involve means of transportation, exhibition and management of films and pictures designed for the visual education and recreation of the inhabitants of remote rural communities, now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The gift of John Armstrong Chaloner mentioned in the preamble of this act is hereby acccepted with the thanks of the State of Nevada to the donor. The same shall be placed in the state treasury, subject to expenditure under the terms of this act, and shall be called the “Chaloner Visual Education Trust.”

      Sec.2.  James G. Scrugham, the governor of Nevada, is hereby constituted and designated trustee of said Chaloner visual education fund. He is directed to administer the said fund according to the purposes mentioned in this act in conjunction with any other appropriate departments and duties and especially in conjunction with the educational, exposition and state farm bureau activities of Nevada. He is empowered, in his discretion, to purchase motion-picture apparatus, motor vehicles and other appropriate materials and supplies,

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gift accepted; fund created

 

 

Governor trustee of estate


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

ê1925 Statutes of Nevada, Page 114 (CHAPTER 76, AB 167)ê

 

 

 

 

 

 

 

 

 

 

 

Appropriation to fund

 

 

Legislature may add to fund

 

 

 

Trustee may name successor

 

 

In effect

apparatus, motor vehicles and other appropriate materials and supplies, to engage and contract for work and services, the rental of exhibition halls and other appropriate work and services and to certify all claims for the foregoing against the John Armstrong Chaloner visual education fund, by his signature thus: “Certified and Approved: James G. Scrugham, Trustee, Chaloner Visual Education Trust,” endorsed or appended to such claims; provided, that such claims in the aggregate and total shall never exceed the total sum of five thousand dollars. All claims so approved and certified shall be examined by the board of examiners, audited and allowed by the state controller and warrant in payment shall be made by the state controller and be paid by the state treasurer.

      Sec.3.  For the purpose of making effective this act, the said sum of five thousand dollars so accepted and placed in the state treasury is hereby appropriated out of the state treasury and into the John Armstrong Chaloner visual education fund.

      Sec.4.  Nothing in this act shall bind the State of Nevada to the further support of the John Armstrong Chaloner visual education fund or its purposes or to give the donor further legal control over said fund; provided, that the legislature may, in its discretion, add to the fund; and further provided, that said five thousand dollars must be administered in harmony with the provisions of this act.

      Sec.5.  Should the trustee, for any cause, be unable to perform the duties imposed on him, his successor may be designated by himself and the said John Armstrong Chaloner jointly, or by either of them, and the successor shall be a citizen of Nevada and have all the powers and duties of the original trustee.

      Sec.6.  This act shall be effective immediately upon its passage.

 

________

 

CHAPTER 77, AB 170

 

[Assembly Bill No. 170–Mr. Green]

 

Chap. 77–An Act to amend section five hundred and forty-seven 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 5489 of the Revised Laws of the State of Nevada.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 547 of the above-entitled act (being section 5489 of the Revised Laws of the State of Nevada), is hereby amended so as to read as follows:


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

ê1925 Statutes of Nevada, Page 115 (CHAPTER 77, AB 170)ê

 

      Section 547.  It shall be lawful for any district judge of this state at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his court that he may have left unsigned at the time of going out of office; also to sign and settle bills of exception, subject to the same regulations and restrictions that now are or hereafter may be prescribed by law. All judges about to retire from office by reason of resignation or the expiration of their term shall, before such retirement, decide all cases and matters submitted to them and remaining undetermined, and such decision or decisions shall be entered in the minutes of the court, and thereafter at any time within sixty days such judge may sign the findings and decree in all cases so decided, and such findings and decree so made, signed and filed shall be valid for all purposes as if made, signed and filed prior to the retirement from office of the judge making the same. In case of the death of a district judge after he has rendered and filed a decision or opinion or caused the same to be entered in the minutes of the court and before the filing of findings, or the entry of judgment, the succeeding judge of the court in which such cause was tried shall make an examination of the decision or opinion, the minutes of such cause, the pleadings, the record and reporter’s notes taken therein, if any, and shall sign and settle the findings, and cause judgment to be entered in the same manner as if such succeeding judge had presided at the trial of the cause.

      Sec.2.  This act shall become effective immediately after its passage and approval.

Judge may perform certain acts after term expires

 

________

 

CHAPTER 78, SB 45

[Senate Bill No. 45–Joint Ways and Means Committee]

 

Chap. 78–An Act relating to the office of adjutant-general of the State of Nevada and repealing other acts in relation thereto.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The secretary to the governor shall be ex officio adjutant-general of the State of Nevada without additional compensation; provided, that during any time the United States is involved in actual war the governor may appoint an adjutant-general to serve during such war and for a period not to exceed ninety days thereafter. The adjutant-general so appointed and commissioned and actually serving shall receive a per diem of ten dollars per day for each day engaged in actual service, to be paid in the same manner as other state officials are paid.

 

 

 

 

 

 

 

 

 

 

Governor’s secretary ex officio adjutant-general


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

ê1925 Statutes of Nevada, Page 116 (CHAPTER 78, SB 45)ê

 

 

 

Act repealed

 

 

 

 

In effect

for each day engaged in actual service, to be paid in the same manner as other state officials are paid.

      Sec.2.  An act of the legislature of the State of Nevada entitled “An act to define the duties of lieutenant-governor when acting as an ex officio officer and fixing his salary therefor,” approved March 7, 1899, is hereby repealed.

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

      Sec.4.  This act shall be effective from and after the first Monday in January, A. D. 1927.

 

________

 

CHAPTER 79, SB 67

 

 

 

 

 

 

 

 

 

 

 

Adjutant-general to acquire war trophies

 

 

 

Appropriation, $740

[Senate Bill No. 67–Senator Miller]

 

Chap. 79–An Act providing for the acquiring by the State of Nevada from the war department of the United States of certain war materials and trophies captured from the enemy during the world war.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The adjutant-general is hereby directed and empowered to acquire from the war department of the United States those war materials and trophies captured from the enemy during the world war and allotted to the State of Nevada under the provisions of an act of Congress approved June 7, 1924, and to cause the same to be transported from the care of the war department to the State of Nevada.

      Sec.2.  To carry out the provisions of this act and to provide funds for freight, draying and handling of the materials referred to in section 1 of this act, the sum of seven hundred and fifty ($750) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 117ê

CHAPTER 80, AB 60

[Assembly Bill No. 60–Mr. Vargas]

 

Chap. 80–An Act to repeal sections 3, 5, 6, and 9 of an act entitled “An act defining certain duties of county assessors, county commissioners, county clerks, county treasurer and ex officio tax receivers,” approved February 27, 1893, being sections 3793 to 3796, both inclusive, Revised Laws, 1912.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Sections 3, 5, 6, and 9 of an act entitled “An act defining certain duties of county assessors, county commissioners, county clerks, county treasurer and ex officio tax receivers,” approved February 27, 1893, are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Certain sections repealed

 

________

 

CHAPTER 81, AB 146

[Assembly Bill No. 146–Mr. Jahn]

 

Chap. 81–An Act to authorize the board of county commissioners of Pershing County, Nevada, to issue bonds to provide funds for constructing that part of route 1 of the state highway system in the county of Pershing, and other matters properly connected therewith.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of aiding the department of highways of the State of Nevada in constructing and improving the uncompleted part of route 1, except the incorporated city limits of Lovelock, of the state highway system in Pershing County, Nevada, known as the Victory highway, the board of county commissioners of Pershing County, Nevada, is hereby authorized, empowered and directed to issue bonds in the name of and for said Pershing County in the aggregate sum of forty-five thousand ($45,000) dollars (exclusive of interest) or so much thereof as may be necessary for the purpose hereinbefore specified. Said bonds shall be known as “Pershing County State Highway Bonds,” and the proceeds from the sale of said bonds shall be used only in aiding the construction, completion and improvement of route 1 of the state highway system lying southwest of Lovelock and east of the Southern Pacific company’s right of way, within said Pershing County.

      Sec.2.  Upon being notified by the department of highways of the State of Nevada that it is ready to proceed with the work of constructing and improving said highway in Pershing County, the board of county commissioners of said Pershing County is hereby authorized, directed and required to cause said bonds to be prepared, and they shall be signed by the chairman of the board of county commissioners and the county clerk and county treasurer of Pershing County and authenticated with the seal of the county.

 

 

 

 

 

 

 

 

 

 

 

 

Pershing County to issue highway bonds

 

 

 

 

 

 

 

 

 

 

County commissioners to prepare bonds


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

ê1925 Statutes of Nevada, Page 118 (CHAPTER 81, AB 146)ê

 

 

 

 

 

 

 

 

 

Proceeds from bonds to go into fund

 

 

 

 

 

 

 

 

 

 

Interest not to exceed six per cent

 

 

 

 

 

 

 

Tax levy authorized to redeem bonds

required to cause said bonds to be prepared, and they shall be signed by the chairman of the board of county commissioners and the county clerk and county treasurer of Pershing County and authenticated with the seal of the county. Coupons representing the several instalments of interest due thereon shall be attached to each bond so that they may be removed without injury to the bonds. Said bonds shall be numbered consecutively. The interest coupons shall be signed by the chairman of the board of county commissioners and treasurer, or the printed facsimile of said officials may be imprinted thereon.

      Sec.3.  The board of county commissioners of Pershing County is authorized and directed to negotiate the sale of the bonds herein provided for, all at one time or in such amounts as may be required from time to time, to comply with the provisions of this act, to the highest responsible bidder at not less than the par value thereof, after advertising for bids for same in a newspaper published in Pershing County for a period not less than two weeks preceding the date of opening of said bids. The proceeds of the sale of said bonds, or any of them, shall be placed in the “County-State Highway Fund,” which shall be used for the purpose of carrying out the provisions and purposes of this act. Payments from said fund shall be made only on warrants drawn by the county treasurer of said county, in payment of the obligation incurred under this act and on demands made and certified by the department of highways of the State of Nevada.

      Sec.4.  The said bonds shall be in denominations of five hundred dollars ($500) each, and shall bear interest at a rate not to exceed six per cent (6%) per annum, said interest payable semiannually on the second Monday of January and July of each year following the issuance of the bonds; at least ten (10) of said bonds shall be redeemed and paid at the office of the county treasurer of Pershing County, on the second Monday in July, 1927, and at least ten (10) bonds shall be redeemed annually thereafter. Said bonds shall be redeemed and satisfied, except as hereinafter provided, in the order of their issuance, the lowest-numbered bonds being first redeemed, and in no case shall interest be paid on any bond after it shall become due and payable.

      Sec.5.  To provide for the payment of the principal and interest on said bonds, as same may become due, the board of county commissioners of Pershing County, Nevada, is hereby authorized and directed to levy a tax on all property in Pershing County, both real and personal, including the net proceeds of mines, sufficient to meet the principal and interest payable each year. The tax so collected shall be placed in the “Pershing County-State Highway Interest and Redemption Fund.” If at any time, after the payment of the bonds then becoming due, there shall remain in said fund sufficient money to redeem and retire additional bonds, it shall be the duty of the county commissioners to call for the redemption of the additional bonds by publishing a notice of redemption for two weeks in a newspaper published in Pershing County.


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

ê1925 Statutes of Nevada, Page 119 (CHAPTER 81, AB 146)ê

 

sufficient money to redeem and retire additional bonds, it shall be the duty of the county commissioners to call for the redemption of the additional bonds by publishing a notice of redemption for two weeks in a newspaper published in Pershing County. The bonds so redeemed shall be the highest-numbered bonds issued and interest thereon shall cease as said bonds are called for payment.

      Sec.6.  Said tax so levied for the payment of the principal and interest on the bonds herein authorized shall be in lieu of that certain tax required to be levied under section 11 of “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, and as amended and set forth in chapter 210, Statutes of Nevada of the 1923 session, so long as may be necessary to retire all of the bonds issued under this act.

      Sec.7.  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 and interest coupons issued thereunder shall have been paid in full as in this act specified.

Additional bonds may be retired

 

 

 

 

 

 

 

 

 

Faith of state pledged

 

________

 

CHAPTER 82, SB 34

[Senate Bill No. 34–Senator Pittman]

 

Chap. 82–An Act defining the duties of the secretary of state in submitting amendments to the state constitution for ratification or rejection by the electorate.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Whenever a proposed amendment to the state constitution has been passed by two successive legislatures, or has been duly initiated by the electorate, it shall be the duty of the secretary of state to forward true and correct copies of the same, ninety days preceding the next general election, to the county clerk of each of the counties of the state, in each instance accompanied by a brief synopsis of the true object of the proposed amendment, and a statement of new matter contained, or old matter rejected, if any, in said proposed amendment. Said synopsis and statement shall be prepared by the secretary of state, or at his request by the attorney-general, and shall be published along with said proposed amendment as now provided by law.

 

 

 

 

 

 

 

 

 

 

 

Duties of secretary of state as regards constitutional amendments

 

________

 

 


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

ê1925 Statutes of Nevada, Page 120ê

CHAPTER 83, AB 120

 

 

 

 

 

 

 

 

 

 

Released prisoner to receive twenty-five dollars

 

Acts repealed

[Assembly Bill No. 120–Mr. Smith]

 

Chap. 83–An Act relating to prisoners discharged, pardoned, or paroled from the state prison, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Whenever any prisoner shall be released from the state prison of this state, either by expiration of his term of sentence, or by pardon, or by parole, the warden shall furnish him twenty-five dollars in coin, the same to be allowed and paid out of the state prison fund as any other claim against said fund.

      Sec.2.  All acts and parts of acts in conflict herewith including “An act relating to prisoners discharged from the state prison,” approved February 1, 1875, and including section 2 of “An act to establish a board of parole commissioners for the parole and government of parole prisoners,” approved March 11, 1909, are hereby repealed.

 

________

 

CHAPTER 84, SB 83

 

 

 

 

 

 

 

 

 

 

 

Section repealed

[Senate Bill No. 83–Ways and Means Committee]

 

Chap. 84–An Act to repeal section 4 of an act entitled “An act to fix the compensation of the clerk of the supreme court,” approved February 24, 1875, and all acts amendatory thereof or supplemental thereto.

 

[Approved March 17, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of an act entitled “An act to fix the compensation of the clerk of the supreme court,” approved February 24, 1875, is hereby repealed.

 

________

 

 


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

ê1925 Statutes of Nevada, Page 121ê

CHAPTER 85, SB 63

[Senate Bill No. 63–Senator Pittman]

 

Chap. 85–An Act to amend sections 61 and 73 of an act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act; repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, and an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties,’ approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office and other matters relating thereto,” approved February 20, 1909.

 

[Approved March 16, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 61 of the above-entitled act is hereby amended to read as follows:

      Section 61.  When any application is filed in compliance with this act the state engineer shall, within thirty (30) days, at the expense of the applicant, to be paid in advance as herein provided, publish or cause to be published, in some newspaper having a general circulation, and printed and published in the county where such water is sought to be appropriated, a notice of the application which shall set forth that said application has been filed, the date of said filing, the name and address of the applicant, the name of the source from which the appropriation is to be made, the location of the place of diversion, and the purpose for which said water is to be appropriated, to which shall be added by the publisher the date of first publication, and the date of last publication.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of application to be published


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

ê1925 Statutes of Nevada, Page 122 (CHAPTER 85, SB 63)ê

 

 

 

 

 

 

 

 

 

 

 

 

Fees of state engineer

 

 

 

Minimum fee $10

 

 

 

Fees of state engineer

filing, the name and address of the applicant, the name of the source from which the appropriation is to be made, the location of the place of diversion, and the purpose for which said water is to be appropriated, to which shall be added by the publisher the date of first publication, and the date of last publication. Upon proof of such publication, which must be filed within thirty (30) days from the date of the last publication, the state engineer shall pay for the same from the moneys deposited by the applicant for such purpose; provided, however, that if the application is canceled for any reason before it is published the fee of twelve and one-half ($12.50) dollars, collected for said publication, shall be returned by the state engineer to said applicant.

      Sec.2.  Section 73 of the above-entitled act is hereby amended to read as follows:

      Section 73.  The following fees shall be collected by the state engineer in advance, and shall be accounted for and paid by him into the general fund of the state treasury once each month; provided, however, that the fees named in subdivision (c) of this section shall not apply to permits for underground waters; and provided further, that ten dollars shall be the minimum fee for issuing and recording any permit;

      (a) For examining and filing an application for permit to appropriate water, twenty ($20) dollars, which shall include the cost of publication, which publication fee is hereby fixed at twelve and one-half ($12.50) dollars.

      (b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, twenty-five ($25) dollars, which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application.

      (c) For issuing and recording permit to appropriate water for irrigation purposes, ten cents per acre for each acre to be irrigated, up to and including one hundred acres; and five cents for each acre in excess of one hundred acres, up to and including one thousand acres; and three cents for each acre in excess of one thousand acres.

      (d) For issuing and recording permit for power purposes, five cents for each theoretical horsepower to be developed; and for issuing final certificate under permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including 100 horsepower; and twenty cents for each horsepower in excess of 100 horsepower up to and including 1,000 horsepower; and fifteen cents for each horsepower in excess of 1,000.

      (e) For issuing and recording permit to store water, twenty-five dollars ($25), and for issuing final certificate under permit to store water, five cents for each acre-foot of water stored up to and including 1,000 acre-feet; and three cents for each acre-foot in excess of 1,000.


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

ê1925 Statutes of Nevada, Page 123 (CHAPTER 85, SB 63)ê

 

      (f) For issuing and recording permit to appropriate water for any other purpose, $10 for each second-foot of water applied for, or fraction thereof.

      (g) For filing secondary permit under reservoir permit, $5; for approving and recording permit under reservoir permit, $5.

      (h) For filing proof of commencement of work, $1.

      (i) For filing proof of completion of work, $1.

      (j) For filing any protest, affidavit, or any other water-right instrument or paper, $1.

      (k) For making copy of any document recorded or filed in his office, $1 for the first hundred words, and 20 cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.

      (l) For certifying to copies of documents, records, or maps, $1 for each certificate.

      (m) For blue-print copy of any drawing or map, 15 cents per square foot.

      (n) For such other work as may be required of his office actual cost of the work.

Fees of state engineer

 

________

 

CHAPTER 86, SB 116

[Senate Bill No. 116–Senator Smith]

 

Chap. 86–An Act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county.

 

[Approved March 17, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The board of county commissioners of Clark County, Nevada, is hereby authorized and empowered to issue bonds of said Clark County in the sum of not to exceed twenty-five thousand ($25,000) dollars, bearing not to exceed six per cent (6%) interest per annum thereon and to run not to exceed twenty 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 Clark 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 thereof, when sold, shall be deposited with the treasurer of Clark County to the credit of the Clark County highway fund, and shall be used solely for the purpose of aiding in the construction of highways within the said Clark County, either with federal aid or under county-state cooperative projects.

 

 

 

 

 

 

 

 

 

 

 

Clark County bond issue authorized

 

 

 

 

 

 

Bonds to be sold at not less than par


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

ê1925 Statutes of Nevada, Page 124 (CHAPTER 86, SB 116)ê

 

Faith of state pledged

      Sec.3.  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 issued under and by virtue thereof shall have been paid in full.

________

CHAPTER 87, SB 81

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Closed season defined

 

 

 

 

 

 

In effect

[Senate Bill No. 81–Senator Meder]

 

Chap. 87–An Act to amend section 9 of an act entitled “An act to provide for the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts and parts of acts in conflict herewith,” approved March 27, 1917.

 

[Approved March 17, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or to attempt to take, catch or kill, any river trout, or brook trout, whitefish, land-locked salmon, royal chinook salmon, large mouthed or small-mouthed black bass, or rainbow trout, lock-laven, or any other trout in or from the waters described and designated in district No. 3 between the dates of the thirty-first day of October and the twenty-ninth day of May of the following year, both dates included.

      Sec.2.  This act shall take effect immediately upon its passage and approval.

________

CHAPTER 88, SB 103

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fee for certain teachers

[Senate Bill No. 103–Senator Smith]

 

Chap. 88–An Act to amend section 4 of an act entitled “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.

 

[Approved March 17, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  For services given by said bureau to those teachers who have not received a major part of their training within the State of Nevada, either the said superintendent shall be allowed to charge and collect a commission of 2% upon the yearly salary of the teachers for whom employment within said schools is procured by the bureau,


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ê1925 Statutes of Nevada, Page 125 (CHAPTER 88, SB 103)ê

 

of 2% upon the yearly salary of the teachers for whom employment within said schools is procured by the bureau, or said superintendent shall be allowed to charge said teachers a filing fee of not to exceed two and one-half dollars each for filing their applications for placement for teaching positions within the state, or such part of each said filing fee and said commission as in his judgment shall seem best, and such filing fee, or commission, or filing fee and commission, shall be full payment for services given by the bureau within the year in which such filing was made with the bureau.

 

 

________

 

CHAPTER 89, SB 65

[Senate Bill No. 65–Senator Vencill]

 

Chap. 89–An Act to amend section 1 of an act entitled “An act fixing and establishing the fees to be charged in certain cases by the county clerk of Churchill County and ex officio clerk of the Eighth judicial district court, in the State of Nevada, and providing for the disposition of such fees,” approved February 1, 1917.

 

[Approved March 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act is hereby amended so as to read as follows:

      Section 1.  The county clerk of Churchill County and ex officio clerk of the Eighth judicial district court of the State of Nevada shall charge and collect fees as follows:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, twelve dollars;

      On filing of a petition for letters testamentary, or of administration or guardianship, fifteen dollars, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars;

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

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; for every additional defendant appearing separately, two dollars and fifty cents; and for every paper so filed containing a cross-complaint or counter-claim, ten dollars additional;

      For filing a complaint in intervention, ten dollars.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Churchill County


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ê1925 Statutes of Nevada, Page 126 (CHAPTER 89, SB 65)ê

 

 

 

Fees of county clerk of Churchill County

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

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment; for filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents.

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

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

      For entering judgment by confession, three dollars;

      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, twenty-five cents each;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio;

      For issuing execution or order of sale, one dollar; and for copying decree and return, twenty cents per folio;

      For services performed in an action appealed from a justice’s court, ten dollars;

      For services performed in an action transferred from the district court of another county, ten dollars;

      For transmission of files and papers on the granting of change of venue of the district court of another county or to the United States court, exclusive of express charge or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar;

      For filing any paper in any case after judgment, not otherwise provided for, twenty-five cents;

      For issuing transcript of judgment, twenty cents per folio;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party;


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ê1925 Statutes of Nevada, Page 127 (CHAPTER 89, SB 65)ê

 

      For all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

 

 

________

 

CHAPTER 90, SB 82

[Senate Bill No. 82–Ways and Means Committee]

 

Chap. 90–An Act to regulate and license the erection, placing, painting or posting of billboards, signs, placards or other forms of outdoor advertising; providing penalties for violation of this act and other matters properly connected therewith.

 

[Approved March 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Any billboard, sign, placard, notice or other form of outdoor advertisement erected, placed, painted, posted or maintained otherwise than is provided in this act shall be deemed a public nuisance and shall be removed, effaced or destroyed by the sheriff and other peace officers having authority wherever said nuisance may be located.

      Sec.2.  It shall be unlawful for any person, firm or corporation to paste, paint, print or in any manner whatsoever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatsoever within the limits of any improved state highway, nor within twenty feet of the main traveled way of any unimproved highway; nor on the property of another within view of any such highway, without such owner’s written consent, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster, except within the limits of any city or town through which said highway may run; provided, that nothing herein shall be so construed as to prevent the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public when such highway signs are approved by the state highway department.

      Sec.3.  It shall be unlawful for any person, firm, association or corporation, personally or by agent, to erect, place or maintain any billboard, sign or any form of notice or advertising outside the city limits of any city or town-

      (1) On the public domain;

      (2) On land owned or leased by such advertiser or agent but not used as the site for manufacturing the goods or articles advertised;

      (3) On the lands of another except where, by painting, an area of the barns or other outbuildings thereon may be preserved. For purposes of this provision “area” is defined as the entire wall or roof aspect on which and advertisement may be painted;

 

 

 

 

 

 

 

 

 

 

 

 

When deemed public nuisance

 

 

 

Property owner’s consent necessary

 

 

 

 

 

Proviso

 

 

 

 

Must obtain permit from and pay fee to county clerk


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ê1925 Statutes of Nevada, Page 128 (CHAPTER 90, SB 82)ê

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Prior contracts valid

 

 

 

Highway engineer may file complaint

 

 

 

 

 

License to run for calendar year

as the entire wall or roof aspect on which and advertisement may be painted;

without first having secured from the county clerk of the county in which said sign may be located a permit to erect, or continue the use of, said sign, billboard or other form of notice or advertisement; and no permit for the erection of such sign, billboard or other form of advertisement shall be issued unless and until the applicant shall have paid a license fee in the sum of five ($5) dollars and on the tender of said fee it shall be the duty of the county clerk to issue said license; provided, that no fee shall be required for any billboard, sign or advertisement erected or placed by any farm bureau, chamber of commerce or lawful authority to advertise exclusively any city, town or geographic area or public event; and provided further, that this section shall not apply to the owner or occupant of any land outside the limits of any city, who may place or erect on said land or on the outbuildings thereon any sign or notice or advertisement intended to benefit the land or improvements thereon and advertise the business conducted in said buildings or on said land.

      Sec.3a.  In cases wherein bona-fide advertising contracts have been made for the erection of signs in any county prior to the approval of this act, the county clerk shall remit the license fee herein imposed for not to exceed three years on the filing with the county clerk of the original or certified copies of such contracts.

      Sec.4.  No permit shall be granted for the erection of any billboard, sign or other form of notice on any location which may measurably destroy the natural beauty of the scenery or obscure a view of the road ahead or of curves and grades or intersecting highways or railways. Should the state highway engineer file a complaint with the board of county commissioners of any county showing that any sign erected is a hazard to traffic, it shall be the duty of the county commissioners to order the removal of said sign.

      Sec.5.  The permit and license hereinbefore provided for shall run to the end of the calendar year for which it is issued. If the permit shall not be renewed, by application of the person or assignee of the person who applied originally for the permit to erect the sign, by the first day of February of each year following, it shall be the duty of the county commissioners to order the tearing down, removal or effacement of such sign or billboard, as the case may be. On granting a permit the county clerk shall assign a permit number which shall be painted or printed, together with the name of the county in which the permit is issued, on every sign, billboard or other form of advertising, as the case may be, placed under this act.


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ê1925 Statutes of Nevada, Page 129 (CHAPTER 90, SB 82)ê

 

      Sec.6.  The money collected for the license as herein provided shall, by the county commissioners, be apportioned to the road funds of the county.

      Sec.7.  All patrolmen and maintenance and construction employees of the department of highways shall report any violation of this act to the county commissioners wherein any violation may occur.

      Sec.8.  Any person, firm, association or corporation who shall erect or maintain any billboard, sign, placard, poster or other form of advertising in violation of any of the provisions of this act, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or by imprisonment for not less than ten (10) days nor more than thirty (30) days.

Receipts to go into road fund

 

Violations to be reported

 

Violations misdemeanor, penalty

 

________

 

CHAPTER 91, SB 94

[Senate Bill No. 94–Senator Meder]

 

Chap. 91–An Act to amend an act entitled “An act to provide for public libraries and other matters relating thereto,” approved March 16, 1895.

 

[Approved March 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act is hereby amended to read as follows:

      Section 2.  The board of trustees of said school district or of the school district in which said city or unincorporated town is situated, whenever notified that a petition has been presented as provided in section 1 of this act, shall appoint three competent persons who are residents of such city, unincorporated town or school district, to be known as library trustees, who shall hold office for the period of one, two, and three years, respectively; and said board of school trustees shall annually thereafter appoint one library trustee who shall hold office for the period of three years. All vacancies which may occur at any time in the said office of library trustee shall be filled by appointment by the said school board, and the said library trustees shall serve without compensation, and shall hold office until their successors are appointed and qualified.

 

 

 

 

 

 

 

 

 

 

 

 

School trustees to appoint library trustees

 

________

 

 


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ê1925 Statutes of Nevada, Page 130ê

CHAPTER 92, SB 96

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Board of regents authorized to receive grants

[Senate Bill No. 96–Senator Vencill]

 

Chap. 92–An Act authorizing and empowering the board of control of the Nevada agricultural experiment station to receive grants of money appropriated under that certain act of the Congress of the United States of America entitled “An act to authorize the more complete endowment of agricultural experiment stations, and for other purposes.”

 

[Approved March 18, 1925]

 

      Whereas, The Congress of the United States has passed an act approved by the president February 24, 1925, entitled “An act to authorize the more complete endowment of agricultural experiment stations, and for other purposes,” and

      Whereas, It is provided in section 2 of the act aforesaid that “the grants of money authorized by this act are made subject to legislative assent of the several states and territories to the purpose of said grants”; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  That the assent of the State of Nevada, by its legislature be, and it is hereby, given to the provisions and requirements of said act, and that the board of control of the Nevada agricultural experiment station, consisting of the board of regents of the University of Nevada as provided for by that certain act entitled “An act relating to the agricultural experiment station of this state,” approved February 8, 1889, be, and they are hereby, authorized and empowered to receive the grants of money appropriated under said act.

 

________

 

CHAPTER 93, SB 99

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional land to be purchased

[Senate Bill No. 99–Committee on State Prison and Hospital for Mental Diseases]

 

Chap. 93–An Act authorizing the board of directors of the Nevada state orphans’ home to purchase land necessary for pasture land and other purposes in connection with the maintenance of the Nevada state orphans’ home, providing for an appropriation therefor, and other matters properly connected therewith.

 

[Approved March 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  The board of directors of the Nevada state orphans’ home is hereby authorized and empowered to purchase, for pasturage and other proper use in connection with said Nevada state orphans’ home, a tract of land one-fourth mile south of said home, and known as the Gardner property, containing not less than two hundred seventy acres (270), together with all water rights, hereditaments and appurtenances connected therewith.


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ê1925 Statutes of Nevada, Page 131 (CHAPTER 93, SB 99)ê

 

property, containing not less than two hundred seventy acres (270), together with all water rights, hereditaments and appurtenances connected therewith.

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

      Sec.3.  This act shall take effect upon its passage and approval.

 

 

Appropriation, $4,500

 

 

 

In effect

 

________

 

CHAPTER 94, SB 100

[Senate Bill No. 100–Senator Fletcher]

 

Chap. 94–An Act to authorize the board of county commissioners of Eureka County to issue bonds to provide funds for constructing that part of routes 1 and 2 of the state highway system in the county of Eureka, and other matters properly connected therewith.

 

[Approved March 18, 1925]

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of aiding the department of highways of the State of Nevada in constructing and improving the uncompleted parts of routes 1 and 2 of the state highway system in Eureka County, Nevada, known as the Victory and Lincoln highways, the board of county commissioners of Eureka County, Nevada, is hereby authorized, empowered and directed to issue bonds in the name of and for said Eureka County in the aggregate sum of forty-five thousand ($45,000) dollars (exclusive of interest) or so much thereof as may be necessary for the purpose hereinbefore specified. Said bonds shall be known as “Eureka County-State Highway Bonds,” and the proceeds from the sale of said bonds shall be used only in aiding the construction, completion and improvement of routes 1 and 2 of the state highway system lying within said Eureka County.

      Sec.2.  Upon being notified by the department of highways of the State of Nevada that it is ready to proceed with the work of constructing and improving said highways in Eureka County, the board of county commissioners of said Eureka County is hereby authorized, directed and required to cause said bonds to be prepared and they shall be signed by the chairman of the board of county commissioners and the county clerk and county treasurer of Eureka County and authenticated with the seal of the county. Coupons representing the several instalments of interest due thereon shall be attached to each of the bonds so that they may be removed without injury to the bonds. Said bonds shall be numbered consecutively.

 

 

 

 

 

 

 

 

 

 

 

 

Eureka County to issue highway bonds

 

 

 

 

 

 

 

 

 

County commissioners to prepare bonds


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ê1925 Statutes of Nevada, Page 132 (CHAPTER 94, SB 100)ê

 

 

 

 

Proceeds to go into fund

 

 

 

 

 

 

 

 

 

 

 

Interest not to exceed six per cent

 

 

 

 

 

 

 

Tax levy to redeem bond issue

numbered consecutively. The interest coupons shall be signed by the chairman of the board of county commissioners and treasurer or the printed facsimile of said officials may be imprinted thereon.

      Sec.3.  The board of county commissioners of Eureka County is authorized and directed to negotiate the sale of the bonds herein provided for, all at one time or in such amounts as may be required from time to time, to comply with the provisions of this act, to the highest responsible bidder at not less than the par value thereof, after advertising for the bids for same in a newspaper published in Eureka County for a period not less than two (2) weeks preceding the date of the opening of said bids. The proceeds of the sale of said bonds, or any of them, shall be placed in the “County-State Highway Fund,” which shall be used for the purpose of carrying out the provisions and purposes of this act. Payments from said fund shall be made only on warrants drawn by the county treasurer of said county, in payment of the obligation incurred under this act and on demands made and certified by the department of highways of the State of Nevada.

      Sec.4.  The said bonds shall be in denominations of five hundred ($500) dollars each and shall bear interest at a rate not to exceed six per cent (6%) per annum, said interest payable semiannually on the second Monday of January and July of each year following the issuance of the bonds; at least ten (10) of said bonds shall be redeemed and paid at the office of the county treasurer of Eureka County on the second Monday in July, 1927, and at least ten (10) bonds shall be redeemed annually thereafter. Said bonds shall be redeemed and satisfied in the order of their issuance, the lowest-numbered bonds being first redeemed, and in no case shall interest be paid on any bond after it shall become due and payable.

      Sec.5.  To provide for the payment of the principal and interest on said bonds as the same may become due, it is hereby provided and directed that sufficient moneys to meet the requirements of section 4 of this act as collected by, through and under the provisions of section 11 of that certain act of the legislature of the State of Nevada entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, and as amended and set forth in chapter 210, Statutes of Nevada, session acts, 1923, shall be semiannually, to wit, on the second Monday of December and on the second Monday of July of each year, transferred from the “County-State Highway Fund” of Eureka County to the “Eureka County-State Highway Interest and Redemption Fund,” and the county auditor and county treasurer of Eureka County are, and each of said officers is hereby, directed to make said transfer in the manner and at the times herein prescribed and the principal and interest of and on said bonds shall be paid out of the moneys so transferred to and in said “Eureka County-State Highway Interest and Redemption Fund,”


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ê1925 Statutes of Nevada, Page 133 (CHAPTER 94, SB 100)ê

 

manner and at the times herein prescribed and the principal and interest of and on said bonds shall be paid out of the moneys so transferred to and in said “Eureka County-State Highway Interest and Redemption Fund,” in the manner and at the times as in this act provided; provided, however, that should section 11 of the act of the legislature of the State of Nevada entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, and as set forth in chapter 210, Statutes of Nevada, session acts, 1923, be at any time after the passage and approval of this act repealed or made inoperative then, and in that event, to provide for the payment of the principal and interest on said bonds, as the same may become due or payable, the board of county commissioners of Eureka County, Nevada, is hereby authorized and directed to levy a tax on all property in Eureka County, both real and personal, including the net proceeds of mines, sufficient to meet the principal and interest payable each year. The tax so collected shall be placed in the “Eureka County-State Highway Interest and Redemption Fund.”

      Sec.6.  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 and interest coupons issued thereunder shall have been paid in full as in this act specified.

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

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

In effect

 

________

 

CHAPTER 95, AB 16

[Assembly Bill No. 16–Committee on Labor]

 

Chap. 95–An Act to amend an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions and other matters relating thereto,” approved March 24, 1915, as amended and approved March 23, 1917, and March 13, 1919, and March 21, 1921, by adding a section thereto to be known as section four and one-half.