[Rev. 12/19/2019 5:41:34 PM]

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ê1927 Statutes of Nevada, Page 171 (CHAPTER 104, AB 123)ê

 

      79.  The board of councilmen shall have the power to condemn property for public uses.

      Sec. 31.  When power is conferred upon the board to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.

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

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

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

      Sec. 35.  Punishment of Offenders.  In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid.

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

 

 

Ordinance for specific duties

 

 

County commissioners to apportion road fund

 

 

 

 

 

 

 

Corporate name of city as plaintiff

 

 

 

 

 

Fines to go to city

 

 

 

Commitment of offenders

 

 

 

 

 

Chain gang


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ê1927 Statutes of Nevada, Page 172 (CHAPTER 104, AB 123)ê

 

 

 

Process, how served

 

Officers to deliver city property

 

 

 

Additional duties of officers

 

 

 

Office of city clerk

 

 

 

 

 

 

Duties of city clerk

violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

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

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

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

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

      Sec. 41.  Duties of the Clerk.  He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time, upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of June, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount in bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding;


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ê1927 Statutes of Nevada, Page 173 (CHAPTER 104, AB 123)ê

 

edness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, by-laws, rules or resolutions passed or adopted by the board, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may take the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business of such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof.

Duties of city clerk


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ê1927 Statutes of Nevada, Page 174 (CHAPTER 104, AB 123)ê

 

Duties of city clerk

 

 

 

 

 

 

Financial statements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City treasurer custodian of all city moneys

 

 

 

 

 

 

 

 

Further duties of city treasurer

actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.

      Sec. 42.  Statement of Finances.  The city clerk shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending December 31, showing:

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

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

      3.  The amount of sinking fund and how invested.

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

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

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

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

      Sec. 43.  City Treasurer.  The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.

      Sec. 44.  Further Duties of City Treasurer.  He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.


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ê1927 Statutes of Nevada, Page 175 (CHAPTER 104, AB 123)ê

 

upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.

      The city treasurer shall, in addition to his other duties now imposed upon him by law, receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.

      All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one for the information of the board, and the other of said duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the treasurer in a fund to be known as the Wells general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.

      On paying the warrant, the treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed,” with the date of such redemption and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year or oftener as may be required by the board. The mayor, city clerk, or any member of board may at any time examine the books and vouchers of the treasurer, concerning the state of finances and moneys in the hands of the treasurer belonging to the city.

      The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board; said bond to be in such sum as may be required by the board. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.

      Sec. 45.  Warrants.  All warrants shall be paid out of their respective funds in the order in which they shall be issued.

      Sec. 46.  Receipts for Payments.  The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.

Further duties of city treasurer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Warrants

 

Receipts


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ê1927 Statutes of Nevada, Page 176 (CHAPTER 104, AB 123)ê

 

 

 

Money kept separate

 

Treasurer to report

 

 

 

 

 

 

Special funds

 

 

 

City tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revenue ordinances

such receipt with the city clerk, as the board may direct, at the date of his monthly report.

      Sec. 47.  City Moneys Kept Intact.  The treasurer shall keep all money belonging to the city separate and distinct from his own money.

      Sec. 48.  Report of Treasurer.  The treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the board at the time of receiving such report.

      Sec. 49.  Special Funds.  All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and said money shall be used for no other purpose whatever.

      Sec. 50.  City Taxes.  The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding (3) per cent upon the assessed value of all real estate and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenue.

      Sec. 51.  Revenue Ordinances.  The board shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.

      Sec. 52.  Expenses, How Proportionally Paid.  Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvements and such other lands as in the opinion of the board may be benefited by the improvement.


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ê1927 Statutes of Nevada, Page 177 (CHAPTER 104, AB 123)ê

 

of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvements and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, sidewalks, and crosswalks, curbing, macadamizing, oiling, graveling or grading of any streets, avenues, or alleys, or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof, by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, district street fund or any other fund.

      Sec. 53.  When Portion Is Paid From City Funds.  When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersection of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvements or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon the lots in proportion to their frontage upon the improvement, if, from the shape or size of any lot, the board may assess such lots or such number of feet frontage as in their opinion would be just.

      Sec. 54.  Municipal Buildings.  The cost and expense of a city hall and other buildings for the use of the city, and its officers, engine houses, and structures of the fire department, and other public purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.

Expenses, how proportionately paid

 

 

 

 

 

 

 

 

 

 

 

 

 

When portion is paid from city funds

 

 

 

 

 

 

 

 

 

 

 

 

 

Municipal buildings


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ê1927 Statutes of Nevada, Page 178 (CHAPTER 104, AB 123)ê

 

 

 

 

 

 

 

 

Ordinance for special assessments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estimates for public improvements

may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever in the opinion of the board, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.

      Sec. 55.  Special Assessments, Ordinances for.  When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state the assessment is to be made upon all lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance so to state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply so to designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.

      Sec. 56.  Estimates First To Be Had.  Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, by posting notices of the same, in at least three public places in said city, one of which shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work.


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ê1927 Statutes of Nevada, Page 179 (CHAPTER 104, AB 123)ê

 

site of said proposed work. Said notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and said notice shall so specify.

      Sec. 57.  Special Assessments.  In all cases where the board of health or other officials of the city, or the board of councilmen are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by a special assessment, and where special provisions for making the levy are not herein made, the board may cause sworn statements of the cost and location thereof to be made as provided in section 60 hereof, and may refer the same to the assessor and have the same assessed against such property.

      Sec. 58.  Any Cost Over Ten Per Cent of the Value of Property Paid by the City.  The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of the surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed ten per cent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding ten per cent which otherwise would be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessments shall be included as a part of such assessment.

      Sec. 59.  Must Be Advertised.  No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      Sec. 60.  Pro Rata Assessments.  When a special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to the frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.

 

 

 

 

 

Special assessments

 

 

 

 

 

 

Any cost over 10 per cent of value of property to be paid by city

 

 

 

 

 

 

Contract must be advertised

 

 

 

 

 

Pro rata assessments


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ê1927 Statutes of Nevada, Page 180 (CHAPTER 104, AB 123)ê

 

 

 

 

 

 

Assessment roll

the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.

      Sec. 61.  Assessment Roll.  Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall in lieu of the name of the owner, insert the name “unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessment roll next thereafter in a special column for special assessments, and the county auditor shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Wells from collecting any special assessment by suit in the name of the city of Wells; and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of the assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or the premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.


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ê1927 Statutes of Nevada, Page 181 (CHAPTER 104, AB 123)ê

 

render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      Sec. 62.  Frontage Assessment.  If the assessment be made upon the basis of frontage the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.

      When According to Benefit.  If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.

      Sec. 63.  Assessor’s Certificate.  When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows: (Form)

 

State of Nevada,

City of Wells.

}

ss.

 

      To the board of councilmen of the city of Wells: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the board of said city, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for paving ……….. street, from …………………. street to ………………… street in said city (as the case may be), (or constructing a sewer on………………… street), (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the directions contained in the ordinance of the board hereinbefore referred to. Dated ………………., Nevada, ……………., A. D. 19…….

 

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

 

      Sec. 64.  Certain Special Assessments.  When any expense shall be incurred by the city upon or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board.

 

 

 

Frontage assessment

 

 

 

 

 

 

 

When according to benefit

 

 

Assessor’s certificate

 

 

 

 

 

 

 

Form of

 

 

 

 

 

 

 

 

 

 

 

 

Certain special assessments


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

ê1927 Statutes of Nevada, Page 182 (CHAPTER 104, AB 123)ê

 

 

 

 

 

 

 

 

Board to determine

 

 

 

 

 

Notice of assessment to be published

 

 

 

 

 

 

 

 

 

Objection, how made

 

 

 

 

 

Form of notice

the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. And the provisions of the previous sections hereof, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to the class of improvements contemplated in this section.

      Sec. 65.  Board to Determine.  The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.

      Sec. 66.  Notice of Assessment To Be Published.  Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of the lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board shall cause notice to be published for at least two weeks in some newspaper published in the city, after the filing of the same with the city clerk, and appointing a time when the board and assessor shall meet to review the assessments.

      Objecting to Assessments, How Made.  Any person objecting to the assessment may file his objection thereto with the city clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

Notice of Special Assessment:

      (Form of notice.) To ………………… (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:

      That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e. g., paving ………………..street to ……………………. street in the city of Wells) or (constructing a sewer on ………………. street between ……………….. street and ……………….. street) or (as the case may be) is now on file at my office for public inspection.


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

ê1927 Statutes of Nevada, Page 183 (CHAPTER 104, AB 123)ê

 

file at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Wells will meet in the …………………… in this city on ………………. (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.

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

      Sec. 67.  Assessment Corrected, How.  At the time appointed for the purpose aforesaid the board and assessor shall meet and then, or at some adjourned meeting, review the assessments, and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words.

      Special assessment roll for the …………………….. (describing fully what the assessment is for) …………… approved by the board the ………….. day of ……………., 19……..

      Dated ...........................................           ................................................... , City Clerk.

      Sec. 68.  Assessment Roll.  When any special assessment roll is approved by the board it shall be final and conclusive. Said roll, when so endorsed by the city clerk, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Sec. 69.  Special Assessments a Lien on Property.  All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than four installments, to be collected semiannually, at such time as the board may determine.

      Sec. 70.  Special Assessments Due on Approval.  All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.

      Sec. 71.  On Dividing Property, How Apportioned.  Should any lots or lands be divided after a special assessment thereon shall have been approved and divided into installments, and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive to all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

 

 

 

 

 

Assessment, how corrected

 

 

 

 

 

 

 

 

 

 

 

 

Special assessment roll

 

 

 

 

When lien on property

 

 

 

 

Due on approval

 

 

Assessments on divided property; how apportioned


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

ê1927 Statutes of Nevada, Page 184 (CHAPTER 104, AB 123)ê

 

 

When deficit paid by city

 

 

 

 

New assessment, when

 

 

 

 

 

 

 

Previous payments, how applied

 

 

Special assessment, how enforced

made upon such lots or lands shall be according to such subdivision.

      Sec. 72.  When Insufficient, Deficit Paid by City.  Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall be collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.

      Sec. 73.  New Assessment, When.  Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or inconformity in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.

      Sec. 74.  Previous Payments, How Applied.  Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises.

      Sec. 75.  Special Assessments, How Enforced.  When any special assessment shall be approved and payable the board may direct the city clerk to report to the assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively. Upon receiving such report the assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.


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

ê1927 Statutes of Nevada, Page 185 (CHAPTER 104, AB 123)ê

 

of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      Sec. 76.  Irregularities, How Remedied.  If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      Sec. 77.  “Taxpayer” Defined.  A “Taxpayer,” within the meaning of this charter, shall be construed to be and include all persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat, to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judge or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.

      Sec. 78.  All publications herein provided for shall be made in a newspaper of general circulation published in the city; provided, however, the cost of publication shall not exceed the usual commercial rates.

      Sec. 79.  Amendments.  This charter may be amended in the following manner: Proposed amendments may be initiated either by the board or by the initiative petition as provided in section 29. Any proposal thereby submitted to the electors for approval shall take the regular course in this charter prescribed, and, if approved by the majority, this charter shall be considered so amended.

      Sec. 80.  In Effect.  This act shall take effect from and after its passage and approval.

 

 

Irregularities, how remedied

 

 

 

 

 

Taxpayer defined

 

 

 

 

 

 

 

 

Publications in newspaper

 

Amendments; how made

 

 

 

In effect

 

________


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

ê1927 Statutes of Nevada, Page 186ê

CHAPTER 105, AB 63

 

 

 

 

 

 

 

 

 

 

 

 

 

Hours of labor in underground mines

[Assembly Bill No. 63–Mr. Swick]

 

Chap. 105–An Act to amend section 289 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 289 of the above-entitled act is hereby amended so as to read as follows:

      Section 289.  The period of employment for all persons who are employed, occupied, or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in the extraction of minerals, whether base or precious, or who are engaged in such underground mines, underground workings, or who are employed, engaged, or occupied in other underground workings of any kind or nature, for the purpose of tunneling, making excavations, or to accomplish any other purpose or design, shall not exceed eight hours within any twenty-four hours, and the said eight hours shall include the time employed, occupied, or consumed from the time of reaching the point of employment or place of work in any underground mine, and in returning to the surface from said point or place of work, and that it is the intent and purpose of this act that the period of time between arriving at the point or place of work, in any underground working, and returning to the surface from such point of work shall not exceed eight (8) hours within any twenty-four hours; provided, that in case of emergency, where life or property is in danger, the period may be prolonged during the continuance of such emergency; and provided further, that nothing in this section contained shall be deemed to prevent change in the hours of employment from one part of the day to another at stated periods, nor to prevent the employment from one part of the day to another at stated periods, nor to prevent the employment of any of the persons mentioned in this section for more than eight hours during the day in which change is made; and provided, however, that such change in the hours of employment shall not occur more than once in any two weeks.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 187ê

CHAPTER 106, AB 86

[Assembly Bill No. 86–Mr. Fanatia]

 

Chap. 106–An Act to regulate the salaries of certain county officials of Clark County.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after July 1, 1927, the sheriff of Clark County shall receive a salary of twenty-seven hundred dollars per annum, and such commissions as are now allowed by law, not to exceed in the aggregate the total compensation of three thousand dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than ten miles from the county seat. He shall appoint a deputy sheriff, who shall also act as jailer, at a compensation not to exceed one hundred and fifty ($150) dollars per month. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred dollars each per month, each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff, or by the board of county commissioners.

      The county recorder and auditor shall receive a compensation of twenty-four hundred dollars per annum, and the board of county commissioners may allow him such thoroughly competent deputies, at a salary not to exceed one hundred and fifty ($150) dollars per month, as in their judgment the volume of the work in his office may require. All fees paid into the recorder and auditor’s office shall belong to the county.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of eighteen hundred dollars ($1,800) per annum.

      The county assessor shall receive a salary of twenty-seven hundred dollars ($2,700) per annum, which shall be full compensation for all services rendered, and in addition thereto shall receive all necessary traveling expenses while in the performance of his duties.

      The district attorney shall receive a salary of three thousand ($3,000) dollars per annum, which shall be full compensation for all services rendered, and in addition thereto shall receive all necessary traveling expenses while in the performance of his duties.

      The county treasurer shall receive a salary of twenty-one hundred ($2,100) dollars per annum.

      The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county, which office is hereby created. The duties of said office shall be as prescribed by the board.

 

 

 

 

 

 

 

 

 

Salaries of officers of Clark County; sheriff

 

 

 

 

 

 

 

 

 

Recorder and auditor

 

 

 

 

 

Clerk

 

 

Assessor

 

 

 

District Attorney

 

 

 

Treasurer

 

County commissioners


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

ê1927 Statutes of Nevada, Page 188 (CHAPTER 106, AB 86)ê

 

 

 

 

 

 

Payable monthly

 

Duties of officers regarding salaries

 

 

Repeal

duties of said office shall be as prescribed by the board. The chairman of the county commissioners shall receive one hundred ($100) dollars per month, and the other members of the board of county commissioners shall receive fifty ($50) dollars per month, and each commissioner shall be entitled to ten cents per mile for mileage while traveling upon the business of the county to and from meetings of the board.

      Sec. 2.  All salaries herein provided shall be payable in twelve equal monthly installments.

      Sec. 3.  The board of county commissioners of Clark County, Nevada, shall allow the salaries named in section 1 of this act as other salaries are allowed, the auditor shall draw his warrant for the same, and the county treasurer shall pay the same.

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

 

________

 

CHAPTER 107, AB 113

 

 

 

 

 

 

 

 

 

 

 

 

Certain remuneration unlawful

 

 

 

Penalties for violation

 

 

 

 

Contract or transaction void, when

 

Repeal

 

In effect

[Assembly Bill No. 113–Mr. Ellis]

 

Chap. 107–An Act forbidding deputies and employees of state, county and municipal officers from entering into any contracts or performing any acts inconsistent with loyal service, providing a penalty therefor, and other matters connected therewith.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  No deputy, nor employee, of any state, county, or municipal officer of the State of Nevada shall in any manner, directly or indirectly, receive any commission or compensation of any kind or nature, inconsistent with loyal service to the people, resulting from any contract or other transaction in which the state, county, or municipality is in any way interested or affected.

      Sec. 2.  Each and every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five ($25) dollars, nor more than five hundred ($500) dollars, or be imprisoned in the county jail not to exceed six (6) months, and shall be immediately dismissed from service.

      Sec. 3.  Any contract or transaction prohibited by this act entered into with any of the persons designated in section 1 hereof, with the knowledge of the party so entering into the same, shall be void.

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

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

 

________


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

ê1927 Statutes of Nevada, Page 189ê

CHAPTER 108, AB 127

[Assembly Bill No. 127–Mr. Winter]

 

Chap. 108–An Act to provide quarters in the Nevada state building for all ex-service men’s organizations and their auxiliaries.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  One of the rooms, suitable for the purposes hereinafter set out, in the Nevada state building situated at Reno, Nevada, is hereby set apart, free of charge, for the uses of all ex-service men’s organizations and their auxiliaries, for the needs and requirements of such organizations and auxiliaries in connection with such uses and activities as are or may be appropriate to the purposes of such organizations.

      Sec. 2.  It may be the duty of the person, board or commission in charge of the Nevada state building at Reno, Nevada, upon the passage and approval of this act, to provide and set aside for the use of all ex-service men’s organizations and their auxiliaries a suitable room in said building for the use and enjoyment of such organizations.

      Sec. 3.  This act shall be in force from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

Quarters in Nevada state building set aside for ex-service men

 

 

Board in charge to carry out provisions of act

 

 

 

In effect

 

________

 

CHAPTER 109, AB 130

[Assembly Bill No. 130–Mr. Kennedy]

 

Chap. 109–An Act relating to mortgages on real and personal property, and to provide that certain agreements, covenants, obligations, rights and remedies thereunder may be adopted by reference.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  In any mortgage of real or personal, or real and personal property, hereafter made, the parties may adopt by reference all or any of the covenants, agreements, obligations, rights and remedies:

      Covenant No. 1-That the mortgagor will perform each and all of the promises and obligations of the mortgage and all covenants thereof, adopted by reference as provided herein, and will pay the indebtedness therein described with interest as therein provided.

      Covenant No. 2-That the mortgagor will pay a reasonable attorney fee in case suit is started for the collection of the mortgage debt or any part thereof, and will pay all costs and expenses of such suit, whether said suit be prosecuted to judgment or not, and will also pay all costs of any sale made thereunder without court proceedings, including in case of such sale an attorney fee equal to …… per cent of the amount due at the date of the sale upon the principal and interest of the mortgage debt.

 

 

 

 

 

 

 

 

 

 

 

Covenants adopted by reference

 

Duties of mortgagor

 

 

 

Certain payments by mortgagor


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

ê1927 Statutes of Nevada, Page 190 (CHAPTER 109, AB 130)ê

 

 

Certain payments by mortgagor

 

 

 

 

Mortgage security

 

 

Same

 

 

 

Mortgagor to pay taxes and assessments

 

 

 

 

 

 

Mortgagor to keep premises in repair, etc.

 

 

 

 

 

 

 

When more than one mortgagor

amount due at the date of the sale upon the principal and interest of the mortgage debt.

      Covenant No. 3-That the mortgagor will pay, in lawful money of the United States, all sums expended or advanced by the mortgagee for taxes or assessments levied or assessed against the mortgaged property, fire insurance upon the same, or advanced for any other purpose provided for by the terms of the mortgage or the covenants thereof adopted by reference, together with interest upon any such sums from the date of the payment by the mortgagee until repaid, at the rate of …… per cent per annum.

      Covenant No. 4-This mortgage will be security for the payment in lawful money of the United States of any and all moneys that may hereafter become due or payable from the mortgagor to the mortgagee, from any cause whatsoever.

      Covenant No. 5-This mortgage will be security for any and all renewals of the mortgage debt or of the promissory note or notes evidencing the same, which may be executed and delivered by the mortgagor to the mortgagee, and any and all additional or future advances or loans which may be made by the mortgagee to the mortgagor.

      Covenant No. 6-The mortgagor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which are, or shall hereafter be, or appear to be, a lien upon the mortgaged property, or any part thereof, and he will pay all interest or installments due on any prior encumbrance. And in default thereof, the mortgagee may, without demand or notice, pay the same and the mortgagee shall be the sole judge of the legality or validity of such taxes, assessments, charges or encumbrances and the amount necessary to be paid in the satisfaction or discharge thereof.

      Covenant No. 7-The mortgagor will at all times keep the buildings and improvements, which are now or which shall hereafter be erected upon the mortgaged premises, insured against loss or damage by fire to the amount of at least $.......... in some reliable insurance company or companies, approved by the mortgagee, and will deliver the policies therefor to the mortgagee to be held by the mortgagee as further security. In default of the mortgagor to obtain such insurance, the mortgagee may procure the same, not exceeding the amount aforesaid, and may pay and expend for premiums for such insurance such sums of money as the mortgagee may deem necessary.

      Covenant No. 8-If there be more than one mortgagor in a mortgage, all covenants, terms, promises and obligations set forth in the mortgage or adopted by reference are agreed to be joint and several covenants, terms, conditions, promises and obligations of each of the mortgagors thereto.

      Covenant No. 9-This mortgage is made upon the express condition that if all sums secured hereby shall be paid at the time,


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

ê1927 Statutes of Nevada, Page 191 (CHAPTER 109, AB 130)ê

 

time, place and manner mentioned in the mortgage, or in any of the covenants provided by this section which shall be adopted by reference, the mortgage and the estate therein mentioned and described shall cease, determine and be void, and the mortgagor, for himself, his heirs, executors, administrators, successors and assigns, covenants and agrees to pay in lawful money of the United States to the mortgagee all sums secured by said mortgage, or by the terms of the covenants adopted by reference at the time and in the manner therein provided, and if default be made in the payment of the principal or interest or any part thereof described in the mortgage, or of any promissory note or other instrument or obligation for which such mortgage is given as security, the whole of the principal sum for which said mortgage is given, which shall be then unpaid, shall become forthwith payable, although the time expressed in the promissory note or notes or other obligation or obligations shall not have arrived.

      Covenant No. 10-It is understood and agreed that all the natural increase, during the existence of this mortgage, of any live stock which shall at any time be subject to the lien hereof, and all other live stock of the same kind as that described in the mortgage which in any manner is acquired by the mortgagor during the life of the mortgage, and all wool grown upon or produced by any sheep which shall at any time be subject to the lien of the mortgage, is property mortgaged hereunder and subject to the lien of the mortgage.

      Covenant No. 11-The mortgagor covenants and agrees to keep all live stock mortgaged or subject to the lien of the mortgage in good condition, and care for, inspect and protect the same, and provide and maintain sufficient blooded, graded breeding stock to properly serve any female live stock at any time subject to the lien of the mortgage, and in general to exercise such care in rearing, branding, ranging and feeding all live stock subject to the lien of the mortgage as is consistent and in accord with good business, and with the customary manner of handling that kind of live stock which is subject to the lien hereof. Should said live stock or any part thereof at any time, in the opinion of the mortgagee, require care, attention or protection other than that provided by the mortgagor, then the mortgagee may enter or cause entry to be made upon any property where the mortgaged live stock or any part thereof may be found, and assume control, custody and possession of the same, and at the expense of the mortgagor care for, protect, and attend to the same in such manner as it may deem necessary.

      Covenant No. 12-It is further understood and agreed that the mortgagee, it agents or attorneys, shall have the right at all times to inspect and examine any property which may at any time be subject to the lien of the mortgage, for the purpose of ascertaining whether or not the security given is being lessened, diminished, depleted or impaired, and if such inspection or examination shall disclose, in the judgment of the mortgagee, that the security given or the property mortgaged is being lessened or impaired, such condition shall be deemed a breach of the covenants of the mortgage on the part of the mortgagor.

Conditions of mortgage

 

 

 

 

 

 

 

 

 

 

 

Increase subject to lien of mortgage

 

 

 

 

Live stock protected

 

 

 

 

 

 

 

 

 

 

 

 

 

Mortgagee may examine property


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

ê1927 Statutes of Nevada, Page 192 (CHAPTER 109, AB 130)ê

 

 

 

 

 

 

Rights of mortgagee on default

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In event of suit

security given is being lessened, diminished, depleted or impaired, and if such inspection or examination shall disclose, in the judgment of the mortgagee, that the security given or the property mortgaged is being lessened or impaired, such condition shall be deemed a breach of the covenants of the mortgage on the part of the mortgagor.

      Covenant No. 13-Upon default of any of the terms, conditions, covenants, or agreements of any chattel mortgage whereby live stock is mortgaged, it is agreed that the mortgagee may, without foreclosure and without legal proceedings and without any previous demand therefor, with the aid or assistance of any person or persons, enter upon the premises and ranges of the mortgagor or such place or places as any of the property subject to the lien of the mortgage is or may be found, and take, lead, drive or carry away the mortgaged property or any part thereof, and with or without notice to the mortgagor, at either public or private sale, sell and dispose of the same or so much thereof as may be necessary to pay the amount and sums secured by the mortgage, for the best price it can obtain, and out of the moneys arising therefrom it shall retain and pay the sum or sums then due or payable under the lien of the mortgage, and interest thereon, and all charges and expenses incurred in gathering, feeding, caring for, and selling the property or any part thereof, and any other expenses and charges incurred by the mortgagee, and all other sums secured by any of the terms of the mortgage, and any overplus shall be paid to the mortgagor. The mortgagee is expressly authorized and empowered, upon any such sale, to make and execute such bills of sale or other conveyances necessary to convey to the purchaser or purchasers thereof an absolute title in the property so sold. It shall not be necessary for the purchaser or purchasers at any such sale or sales purported to be made under the powers granted hereunder to inquire into or in any way be or become responsible for the actual existence of the contingency or contingencies upon which such sale or sales shall be made by the mortgagee, and title to the purchaser or purchasers of the property so sold shall be good and sufficient; and the mortgagor agrees that the decision of the mortgagee as to the actual existence of the contingency or contingencies upon which said sale or sales as aforesaid is or may be predicated, shall be conclusive and binding upon said mortgagor.

      Covenant No. 14-It is expressly agreed by and between mortgagor and mortgagee that, in the event suit shall be instituted for the foreclosure of the mortgage, the mortgagee may at its option and without notice, apply for the appointment of a receiver for the purpose of taking possession of the mortgaged property pending foreclosure, and with the approval of the court wherein such suit is instituted, such receiver as may be designated by the mortgagee shall be appointed.


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

ê1927 Statutes of Nevada, Page 193 (CHAPTER 109, AB 130)ê

 

appointed. All costs in connection with the appointment of such receiver or in connection with the discharge of the duties of such receiver, shall be taxed as costs in said suit.

      Covenant No. 15-It is expressly agreed and understood that in any sale of any of the property at any time subject to the lien of the mortgage, under the terms of the mortgage or any of the covenants adopted by reference, said property may, at the option of the mortgagee, be sold in one lot or parcel or in such other lots or parcels as may be designated by the mortgagee; and it is further covenanted and agreed that the mortgagee may become the purchaser of said property or any part thereof at any sale made under any of the terms of the mortgage, or upon foreclosure.

      Sec. 2.  Whenever, by the terms of any mortgage, the foregoing covenants or any of them are adopted as a part thereof by reference, as in this act provided, the mortgage is intended to secure and does secure the performance of the terms and conditions of said mortgage and all of the covenants so adopted by reference.

      Sec. 3.  In order to adopt by reference any of the foregoing covenants, agreements, obligations, rights and remedies, it shall only be necessary to state in the mortgage the following: “The following covenants, Nos. ………., ………. and ………. (inserting the respective numbers) of section 1 of an act entitled ‘An act relating to mortgages of real and personal property, and to provide that certain agreements, covenants, obligations, rights and remedies thereunder may be adopted by reference’ (date of approval), are hereby adopted and made a part of this mortgage.”

      Sec. 4.  A mortgage, in order to fix the amount of insurance to be carried, need not reincorporate the provisions of covenant 7 of section 1 hereof, but may merely state the following: “Covenant No. 7,” and set out thereafter the amount of insurance to be carried. In order to fix the rate of interest under covenant No. 3 of section 1 hereof, it shall only be necessary to state in such mortgage “Covenant No. 3,” and set out thereafter the rate of interest to be charged thereunder. In order to fix the amount of counsel fees under covenant No. 2 of section 1 hereof, it shall only be necessary to state in such mortgage the following: “Covenant No. 2,” and set out thereafter the percentage to be allowed.

      Sec. 5.  Nothing in this act shall prevent the parties to any mortgage from entering into any other, different or additional covenants or agreements than those set out in section 1 hereof.

      Sec. 6.  Words used in this act in any gender include all other genders, the singular number includes the plural, and the plural the singular.

      Sec. 7.  This act shall be effective on and after its passage and approval.

 

 

 

In event of sale

 

 

 

 

 

 

Mortgage to secure covenants adopted

 

 

Method of adopting covenants by reference

 

 

 

 

 

Same

 

 

 

 

 

 

 

Additional covenants may be entered into

 

Words defined

 

In effect

 

________

 

 


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

ê1927 Statutes of Nevada, Page 194ê

CHAPTER 110, AB 133

 

 

 

 

 

 

 

 

 

 

 

Bonds to contain certain provisions

 

 

 

 

 

 

 

Annual levy for payment of principal and interest

 

Rate of interest must be designated

 

 

 

 

All bonds sold at public sale

[Assembly Bill No. 133–Mr. Tranter]

 

Chap. 110–An Act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Hereafter all bonds, including refunding bonds issued under lawful authority by any county, city, town, school district, or municipal corporation, shall be serial in form and maturity and numbered from one upwards consecutively. Interest on all such bonds shall be payable either annually or semiannually, as may be set forth in the act of the officers of the issuing municipal corporation. The various annual maturities shall commence not later than the third year after the date of issue of such bonds; all such bonds shall be redeemed in equal annual installments; provided, however, that the first installment may be for a greater or lesser amount than the remaining installments.

      Sec. 2.  The officials now or hereafter charged by law with the duty of levying taxes for the payment of said bonds and interest shall, in the manner provided by law, make an annual levy sufficient to meet the annual or semiannual payments of principal and interest on said bonds maturing as herein provided.

      Sec. 3.  Before any bonds issued by such municipal corporation shall be offered for sale the corporate authorities issuing such bonds shall designate the maximum rate of interest said bonds shall bear, which shall not be in excess of that allowed by law. When a vote of the electors shall have been taken on the question of the issuance of such bonds and the proposition submitted to the electors shall have specified the maximum rate of interest to be borne by said bonds, no increase of such maximum rate of interest shall be made by the corporate authorities. All such bonds shall be sold at public sale, and a notice calling for bids for the purchase of said bonds shall be published once a week for four consecutive weeks in the official newspaper of the municipal corporation offering the bonds for sale, and such other notice shall be given as the corporate authorities may direct; or, if there be no official newspaper of the municipal corporation, the publication shall be made in a newspaper of general circulation in the county in which the corporation is located. Such notice shall specify a place, and designate a day and hour subsequent to the date of the last publication thereof when sealed bids shall be received and publicly opened for the purchase of said bonds. A copy of such notice shall, at least three weeks prior to the date fixed for the sale, be mailed to the state board of finance, Carson City, Nevada. The notice shall specify the maximum rate of interest such bonds shall bear, and shall require bidders to submit a bid specifying (a) the lowest rate of interest and premium, if any, above par, at which such bidder will purchase said bonds; or (b) the lowest rate of interest at which the bidder will purchase said bonds at par.


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

ê1927 Statutes of Nevada, Page 195 (CHAPTER 110, AB 133)ê

 

notice shall specify the maximum rate of interest such bonds shall bear, and shall require bidders to submit a bid specifying (a) the lowest rate of interest and premium, if any, above par, at which such bidder will purchase said bonds; or (b) the lowest rate of interest at which the bidder will purchase said bonds at par. The bonds shall be sold to the bidder making the best bid subject to the right of the corporate authorities to reject any and all bids and readvertise. None of such bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid on the sale of such bonds. All bids shall be sealed and, except the bid of the State of Nevada, if one is received, shall be accompanied by a deposit of five per cent, either cash or certified check, of the amount of the bid, which shall be returned if the bid is not accepted; and if the successful bidder shall fail or neglect to complete the purchase of said bonds within thirty days following the acceptance of his bid, the amount of his deposit shall be forfeited to the municipal corporation issuing the bonds, and in that event the corporate authorities may accept the bid of the one making the next best bid, or if all bids are rejected such corporate authorities shall readvertise said bonds for sale in the same manner as herein provided for the original advertisement. If there be two or more equal bids and such bids are the best bids received, and not less than par and accrued interest, the corporate authorities shall determine which bid shall be accepted.

      Sec. 4.  If a bid be accepted the deposits of all other bidders shall be thereupon returned; if all bids be rejected, then all deposits shall be returned forthwith.

      Sec. 5.  Bonds issued under this act shall never be issued to run for a longer period than twenty-five years from the date of the issue and shall, as near as practicable, be issued for a period which shall be equivalent to the life of the improvement to be acquired by the use of the bonds.

      Sec. 6.  This act shall not apply to public utility bonds payable wholly from the earnings of such utility.

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed; provided, that this act shall not affect the validity nor the procedure necessary for the payment and redemption of any bonds heretofore issued and sold by any such municipal corporations, or any bonds authorized under existing laws, a part of which have been sold.

      Sec. 8.  The term municipal corporation shall, for the purpose of this act, be construed to mean county, city, school district, or other municipal corporation.

 

 

 

 

 

 

Bonds not to be sold at less than par

 

 

 

 

 

 

 

 

 

 

 

Bonds of unsuccessful bidders returned

Bonds not to run for a longer period than 25 years

 

Act not to apply, when

 

Prior issues not affected

 

 

 

 

“Municipal corporation” defined

 

________

 

 


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

ê1927 Statutes of Nevada, Page 196ê

CHAPTER 111, AB 139

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Closed season in district No. 4

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 139–Mr. Neeley]

 

Chap. 111–An Act to amend section 10 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 or parts of acts in conflict herewith,” approved March 27, 1917, amended March 23, 1921, and as amended March 4, 1925.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  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 Pyramid lake, known as all the waters of district No. 4, except between the first day of May and the first day of October of the same year, both dates included; provided, that Indians shall have the right to fish in this district from May first to December fifteenth, both dates inclusive, under the same conditions provided for them under the provisions of chapter 201, Statutes of 1923, as amended March 21, 1925.

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

 

________

 

CHAPTER 112, AB 149

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Closed season in district No. 4 1/2

[Assembly Bill No. 149–Mr. Winter]

 

Chap. 112–An Act to amend section 10 1/2 of an act entitled “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, March 23, 1921, and March 4, 1925.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 1/2 of the above-entitled act is hereby amended to 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


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

ê1927 Statutes of Nevada, Page 197 (CHAPTER 112, AB 149)ê

 

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, Salmon river and tributaries, Jarbidge river and tributaries, Bruneau river and tributaries, Goose creek, Little Goose creek, Jake’s creek, 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. 2.  This act shall take effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 113, AB 151

[Assembly Bill No. 151–Mr. Guthrie]

 

Chap. 113–An Act to amend section 15 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 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.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 15 of the above-entitled act is hereby amended so as to read as follows:

      Section 15.  Any person who has been physically and corporeally absent from his or her place of residence in the precinct in which he or she last registered and voted, for a period of six (6) months immediately preceding the date on which the election for which the absent voter’s ballot is applied for (excepting, however, state and federal officers and attaches and members of their immediate families and persons mentioned in section 2 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917), shall not be entitled to receive such ballot until and unless said person shall have appeared personally at the office of the county clerk or deputy registrar as provided by law and shall have registered; and all persons, excepting state and federal officers and attaches and members of their immediate families, who have voted by absent voter’s ballot at the last preceding general election shall not be entitled to receive an absent voter’s ballot unless reregistered in person as provided by section 16 of said above-entitled act, approved March 27, 1917. The county clerk is hereby directed to cancel all registration cards of persons, excepting state and federal officers and attaches and members of their immediate families, who voted by absent voter’s ballot, in the manner provided by said section 16 of said act, approved March 27, 1917.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Personal registration, when


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

ê1927 Statutes of Nevada, Page 198 (CHAPTER 113, AB 151)ê

 

County clerk to cancel absent-voter registration cards

Repeal

 

Repeal

cancel all registration cards of persons, excepting state and federal officers and attaches and members of their immediate families, who voted by absent voter’s ballot, in the manner provided by said section 16 of said act, approved March 27, 1917.

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

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

 

________

 

CHAPTER 114, AB 164

 

 

 

 

 

 

 

 

 

 

Salary of district judges of Second district

 

Repeal

[Assembly Bill No. 164–Washoe County Delegation]

 

Chap. 114–An Act fixing the salaries of the district judges of the second judicial district of the State of Nevada, in and for the county of Washoe.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The salary of each judge hereafter elected or appointed to fill vacancies whenever such vacancies shall occur, in the Second judicial district of the State of Nevada, in and for the county of Washoe, shall be six thousand ($6,000) dollars per annum.

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

 

________

 

CHAPTER 115, AB 167

 

 

 

 

 

 

 

 

 

 

 

Act repealed

[Assembly Bill No. 167–Mr. McGill]

 

Chap. 115–An Act to repeal an act entitled “An act to provide for the appointment of inspectors of hides, defining their duties and mode of compensation, and repealing a certain act,” approved March 15, 1915.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act to provide for the appointment of inspectors of hides, defining their duties and mode of compensation, and repealing a certain act,” approved March 15, 1915, is hereby repealed.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 199ê

CHAPTER 116, AB 180

[Assembly Bill No. 180–Mr. Ellis]

 

Chap. 116–An Act for the relief of T. M. Pickett.

 

[Approved March 23, 1927]

 

      Whereas, On the 9th day of January, 1927, two prisoners escaped from the Nevada state prison; and

      Whereas, On said day T. M. Pickett was first sergeant in the Nevada state police and detailed for duty at the Nevada state prison under the orders and direction of W. J. Maxwell, superintendent of state police and ex officio warden of the Nevada state prison; and

      Whereas, The said T. M. Pickett, on said 9th day of January, 1927, was duly and lawfully ordered and directed in the line of his proper and lawful duty, to pursue said escaping prisoners and to employ in said pursuit and for the transportation of himself as a member of the Nevada state police and two guards of said prison, one certain Paige automobile, his own property; and

      Whereas, Said Pickett entered on said duty and in the course of said duty, and in the exercise of due care and caution for the safety of his passengers and car, his said Paige car was damaged and wrecked as a result of a collision with the automobile of one Louis D. Gordon; and

      Whereas, Said T. M. Pickett has not been compensated for the damage to said car; and

      Whereas, A claim has been presented for reimbursement to the state board of examiners; and

      Whereas, The said damage and loss to said T. M. Pickett and his claim therefor amounts to the sum of eight hundred dollars ($800); now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of six hundred dollars ($600) is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated to pay the said claim of T. M. Pickett, and the state controller is directed to draw his warrant in said amount in favor of T. M. Pickett, and the state treasurer is directed to pay the same from said appropriation.

      Sec. 2.  This act shall be effective immediately from and after its passage and approval.

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $600

 

 

 

 

In effect

 

________

 

 


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

ê1927 Statutes of Nevada, Page 200ê

CHAPTER 117, AB 183

 

 

 

 

 

 

 

 

 

 

Reapportionment of senators and assemblymen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not to affect the present term

Repeal

[Assembly Bill No. 183–Mr. Yeager]

 

Chap. 117–An Act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The apportionment of senators and assemblymen in the several counties of this state shall be as follows:

      Churchill County, one senator and two assemblymen;

      Clark County, one senator and two assemblymen;

      Douglas County, one senator and one assemblyman;

      Elko County, one senator and four assemblymen;

      Esmeralda County, one senator and one assemblyman;

      Eureka County, one senator and one assemblyman;

      Humboldt County, one senator and two assemblymen;

      Lander County, one senator and one assemblyman;

      Lincoln County, one senator and one assemblyman;

      Lyon County, one senator and two assemblymen;

      Mineral County, one senator and one assemblyman;

      Nye County, one senator and three assemblymen;

      Ormsby County, one senator and one assemblyman;

      Pershing County, one senator and one assemblyman;

      Storey County, one senator and one assemblyman;

      Washoe County, one senator and nine assemblymen;

      White Pine County, one senator and four assemblymen.

      Sec. 2.  Nothing in this act shall be so construed as to affect the term of office of senators and assemblymen now in office.

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

 

________

 

CHAPTER 118, AB 190

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Douglas County

[Assembly Bill No. 190–Douglas County Delegation]

 

Chap. 118–An Act to amend an act entitled “An act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and matters properly relating thereto, and repealing all acts in conflict therewith,” approved March 28, 1919, and all acts supplementary thereto and amendatory thereof.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  From and after the date this act takes effect the county officers of Douglas County, State of Nevada, named in this act, shall receive the following salaries in full compensation for all services rendered by them:


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

ê1927 Statutes of Nevada, Page 201 (CHAPTER 118, AB 190)ê

 

      The sheriff, for services as sheriff, shall receive the sum of two thousand dollars ($2,000) per annum, payable in twelve monthly installments, which shall be in full and for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; said sheriff may appoint a deputy or deputies at his own expense to assist him in the duties of the office; provided further, that said salary includes all traveling and other expenses in the county, and said sheriff shall personally pay all traveling and other expenses of himself and deputies when traveling on official business in Douglas County; said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of nineteen hundred dollars ($1,900) per annum, payable in twelve equal monthly installments. All fees, commissions, or moneys due and payable said officer shall be collected by him and paid into the county treasury monthly; said sum of nineteen hundred dollars ($1,900) being full and complete compensation for all services rendered and for all traveling expenses as such officer.

      The county clerk for services as county clerk shall receive the sum of twelve hundred dollars ($1,200) per annum, and for services as ex officio county treasurer the sum of twelve hundred dollars ($1,200) per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and ex officio county treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any months unless said statement has been so made and filed with the board of county commissioners; such sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The district attorney for services as district attorney shall receive the sum of fifteen hundred dollars ($1,500) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county; said salary to be in full compensation for all services and traveling expenses within said county while on official business.

Sheriff

 

 

 

 

 

 

 

Salary includes expenses

 

 

 

 

Salary as assessor

 

 

 

 

Clerk

 

 

 

 

 

 

 

 

 

 

 

District attorney


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

ê1927 Statutes of Nevada, Page 202 (CHAPTER 118, AB 190)ê

 

 

 

 

 

All salaries full compensation

 

 

 

 

 

In effect

that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county; said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The above salaries shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and said officers shall collect all money and moneys due as fees, commissions or otherwise and pay the same into the county treasury, said salaries so fixed being in full for all services, and said officers shall receive no further or other compensation for such services.

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

      Section 2.  This act shall take effect from and after April 1, 1927.

 

________

 

CHAPTER 119, AB 193

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed

[Assembly Bill No. 193–Mr. Guthrie]

 

Chap. 119–An Act to repeal an act entitled “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.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “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, is hereby repealed.

 

________

 

CHAPTER 120, AB 192

 

[Assembly Bill No. 192–Mr. Guthrie]

 

Chap. 120–An Act to amend section 29 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 29 of the above-entitled act is hereby amended to read as follows:


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

ê1927 Statutes of Nevada, Page 203ê

CHAPTER 121, AB 194

      Section 29.  The word “elector,” as used in this act, shall apply to male and female electors, and the pronoun “he,” used herein, shall be construed and intended to mean the word “he” or “she.” Female electors who are or have been married, who register after the passage and approval of this act, shall be registered under their own given or first names, with the designation of “Mrs.,” and not under the given or first names of their husbands.

 

________

 

 

[Assembly Bill No. 194–Mr. Guthrie]

 

Chap. 121–An Act to provide an appropriation for furnishing certain rooms in the Nevada heroes memorial building.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated the sum of seven hundred and fifty ($750) dollars, out of any moneys in the general fund of the state treasury in the year of 1927 not otherwise appropriated, for the purpose of purchasing furnishings for rooms provided for the use of ex-service men as designated in an act entitled “An act to amend section 1 of an act entitled ‘An act to provide for the erection of the Nevada heroes memorial building in Carson City, Nevada, defining the duties of the board of capitol commissioners in respect thereto, providing for the issuance of bonds therefor and the manner of their sale and redemption, and other matters relating thereto,’ approved March 29, 1919,” approved March 7, 1921.

      Sec. 2.  The board of capitol commissioners is hereby empowered to make the necessary expenditures from the funds appropriated for this purpose. Before purchasing any such furniture, however, the said board of capitol commissioners shall ascertain, in so far as possible, the needs and requirements of the ex-service men, such needs and requirements being given due consideration by said board of capitol commissioners when furnishings are purchased; provided, such furnishings shall remain in the quarters provided for the use of such ex-service men exclusively, and shall not be used for any purpose, or purposes, other than required by the ex-service men and auxiliary.

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

Female electors must register under given name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $750

 

 

 

 

 

 

 

 

Duties of board of capitol commissioners

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1927 Statutes of Nevada, Page 204ê

CHAPTER 122, AB 202

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Closed season in district No. 5

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 202–Mr. Hussman]

 

Chap. 122–An Act to amend section 11 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 or parts of acts in conflict herewith,” approved March 27, 1917, amended March 23, 1921, amended March 4, 1925.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.                                                                                                             Section 11 of the above-entitled act is hereby amended so as to read as follows:

      Section 11.  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 the waters of district No. 5, between the dates of the first (1st) day of October of each year and the first (1st) day of May of the following year, both dates included.

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

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

 

________

 

CHAPTER 123, AB 163

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of highways created

[Assembly Bill No. 163–Mr. Hamlin]

 

Chap. 123–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, and all acts supplementary thereto and amendatory thereof.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  There is hereby created a department of highways, which shall consist of three directors. The directors shall be the governor, the attorney-general, and the state controller of the State of Nevada. The department of highways may adopt such rules or by-laws, not inconsistent with this act, as may be necessary to govern its acts and proceedings. It shall adopt a seal for use in authenticating its contracts, records, and proceedings. The officers designated shall serve as highway directors without extra compensation, the duties hereby created being ex officio.


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

ê1927 Statutes of Nevada, Page 205 (CHAPTER 123, AB 163)ê

 

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

      Section 2.  The directors of the department of highways shall be entitled to their actual and necessary traveling expenses when engaged in the duties of their office.

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

      Section 3.  The governor shall be chairman of the board of directors of the highway department. Said directors shall select a state highway engineer, who shall be a competent engineer, skilled and experienced in highway and bridge design, and who shall have had at least five years experience in highway construction. Said state engineer shall receive a salary not to exceed five thousand dollars ($5,000) the year, to be fixed by the directors of the department of highways, payable out of the highway funds in equal monthly installments, upon the authority of a certificate from the board of directors, approved by the board of examiners, evidencing the amount so fixed. He shall be allowed his actual necessary traveling expenses when absent from the state capital upon business of the state. He shall devote his whole time to the duties of his office, and may be removed by the board of highway directors at any time. The state highway engineer, before entering upon the duties of his office, shall take the official oath and file a bond with the secretary of state to the State of Nevada in the sum of twenty-five thousand dollars ($25,000), conditioned upon the faithful performance of his duties as engineer, the said bond to be approved by the governor. The premium upon such bond, if a surety company bond be furnished, shall be paid from the state highway fund.

      Sec. 4.  This act shall take effect on April 1, 1927.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

Directors allowed traveling expenses

 

 

State highway engineer appointed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

Repeal

 

________

 

CHAPTER 124, AB 201

[Assembly Bill No. 201–Mr. Patterson]

 

Chap. 124–An Act to amend section 6 of an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act is hereby amended so as to read as follows:

      Section 6.  The declaration of candidacy, the designation of nomination, and the acceptance of nominations shall be filed, during regular business hours, as follows:

      First-For United States senator, representative in Congress, state offices, and all other offices whose districts comprise more than one county, with the secretary of state.

 

 

 

 

 

 

 

 

 

 

 

 

 

Filing of declaration of candidacy


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

ê1927 Statutes of Nevada, Page 206 (CHAPTER 124, AB 201)ê

 

 

 

Repeal

      Second-For district offices voted for wholly within one county, state senators, assemblymen, county and township officers, with the county clerk.

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

 

________

 

CHAPTER 125, AB 203

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Deficiency appropriation, $3,070.74

 

 

 

In effect

[Assembly Bill No. 203–Elko County Delegation]

 

Chap. 125–An Act to provide for the payment of deficiencies of the Nevada school of industry accrued in the year 1926.

 

[Approved March 23, 1927]

 

      Whereas, During the months of September, October, November, and December, 1926, the appropriation for the Nevada school of industry, situated at Elko, Nevada, were found inadequate to meet the expenses necessary to maintain such institution; and

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

      Whereas, Upon such presentation, the state board of examiners did, by unanimous resolution, authorize such deficiency in the sum of three thousand and seventy dollars and seventy-four cents ($3,070.74); now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three thousand and seventy dollars and seventy-four cents ($3,070.74) is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, for the payment of the deficiency referred to in the preamble hereto, and the state controller is directed to draw his warrant for claimants, or their assignees, to whom the same is due as shown by the deficiency warrants covering said amount, and the state treasurer is directed to pay the same.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 207ê

CHAPTER 126, AB 204

[Assembly Bill No. 204–Lyon County Delegation]

 

Chap. 126–An Act to amend an act entitled “An act concerning the county offices in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith,” approved March 5, 1923.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff and ex officio assessor

 

 

 

 

 

 

 

 

Salary full compensation

 

Deputy sheriff

 

 

Additional deputies, when

 

 

 

 

 

 

County clerk


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

ê1927 Statutes of Nevada, Page 208 (CHAPTER 126, AB 204)ê

 

 

 

 

 

 

 

 

Deputy clerk

 

 

Additional deputies

 

 

 

Recorder and auditor

 

 

 

 

Deputy recorder

 

 

 

 

 

 

 

Additional deputies

 

 

In effect

Repeal

per annum, and for his services as ex officio county treasurer and ex officio tax receiver the sum of one thousand two hundred dollars per annum, payable in equal monthly installments. He shall make no charge for service performed for the county or state, but all fees authorized by law and collected by him shall be turned into the county treasury. He shall furnish the board of county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees collected and date of entry on the books of his office. The said county clerk shall have authority to appoint a deputy at a salary of fifteen hundred sixty dollars per annum, payable in twelve monthly installments of one hundred thirty dollars each. The said county clerk shall have authority, in case of emergency, by and with the consent of the board of county commissioners of said county, to appoint one or more additional deputies at a salary not to exceed one hundred twenty-five dollars per month each.

      Sec. 3.  Section 4 of the above-entitled act is hereby amended so as to read as follows:

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

      He shall have authority to appoint a deputy at a salary of fifteen hundred dollars per annum, payable in twelve equal monthly installments. He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury of said county. He shall furnish the county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees so collected and the date of entry on his books. The said county recorder shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of said county, by an order duly entered in its minutes, to appoint one or more additional deputies at a salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      Sec. 4.  This act shall take effect and be in force from and after April 1, 1927.

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

 

________

 

 


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

ê1927 Statutes of Nevada, Page 209ê

CHAPTER 127, AB 205

[Assembly Bill No. 205–Elko County Delegation]

 

Chap. 127–An Act to authorize the board of county commissioners of the county of Elko, 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 Montello, 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 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Elko 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 July, 1927, for an amount not to exceed the sum of fifty thousand ($50,000) 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 Montello 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 Elko County shall proceed to select an appropriate site for said county high school building in the town of Montello, 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 Elko 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, 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 Elko County. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$50,000 bonds for high school building at Montello

 

 

 

 

Site to be selected

 

 

 

 

 

County commissioners to issue bonds

 

 

 

 

 

Denomination of bonds; interest


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

ê1927 Statutes of Nevada, Page 210 (CHAPTER 127, AB 205)ê

 

Clerk to keep record

 

Bonds must be sold at par

 

 

 

“Montello High School Building Fund”

 

 

 

 

County board of education to use money

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of education to determine character of building

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 Elko 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 money derived from the sale of said bonds shall be paid to the county treasurer of Elko County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Montello High School 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 purpose for which the same were received.

      Sec. 8.  The county board of education of Elko 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 Montello, 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.


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

ê1927 Statutes of Nevada, Page 211 (CHAPTER 127, AB 205)ê

 

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 Elko County is hereby authorized and required to levy and collect annually a special tax on the taxable property within said Montello school district, 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, 1928, 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 “Montello High School Building 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, 1928, 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 Montello.

      Sec. 11.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same aby 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.

      Sec. 12.  The county treasurer of said Elko County shall be liable on his official bonds 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.

 

 

 

 

 

 

 

Special tax to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County treasurer to cancel paid bonds

 

 

 

 

County treasurer liable


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

ê1927 Statutes of Nevada, Page 212 (CHAPTER 127, AB 205)ê

 

 

Faith of Nevada pledged

 

 

In effect

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.

 

________

 

CHAPTER 128, AB 207

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Presenting fraudulent claim a felony

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 207–Mr. Hart]

 

Chap. 128–An Act to amend chapter 24, relating to “fraudulent and kindred crimes,” of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, by adding a new section thereto to be numbered 439 1/2, respecting fraudulently claiming loss or presenting fraudulent proof of loss under policy of insurance, and providing a penalty therefor.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, is hereby amended by adding another section thereto, to be numbered 439 1/2 to read as follows:

      Section 439 1/2.  Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of such claim, upon any contract or policy of insurance or indemnity whatsoever for the payment of any loss, or who prepares, makes or subscribes any account, certificate or survey, affidavit or proof of loss, or other book, paper, or writing, with intent to present or use the same, or to allow it to be presented or used in support of any such claim, is guilty of a felony, and upon conviction thereof shall be punishable by imprisonment in the state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

      Sec. 2.  This act shall take effect from the date of its approval.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 213ê

CHAPTER 129, AB 208

[Assembly Bill No. 208–Elko County Delegation]

 

Chap. 129–An Act to amend section 69 of chapter II of an act entitled “An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1917.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 69 of chapter II of the above-entitled act is hereby amended so as to read as follows:

      Section 69.  Special Assessments a Lien on Property.  All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than thirty installments, to be collected semiannually, at such time as the board may determine.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special assessments lien on property

 

 

 

Repeal

In effect

 

________

 

CHAPTER 130, AB 214

[Assembly Bill No. 214–Mr. Boak]

 

Chap. 130–An Act regulating the filling of vacancies in certain appointive offices or positions in the State of Nevada.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever any vacancy shall hereafter occur in any appointive office or position in this state required by law to be filled by the governor, such vacancy remaining unfilled for a period of ninety days, the governor shall not, within sixty days preceding the expiration of his term in office, fill said vacancy to be effective beyond the termination of his own term in office.

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

 

 

 

 

 

 

 

 

 

 

Filling of vacancies regulated

 

 

 

Repeal

 

________

 

 


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

ê1927 Statutes of Nevada, Page 214ê

CHAPTER 131, AB 215

 

 

 

 

 

 

 

 

 

 

 

 

 

Assembly districts established in Washoe County

 

 

 

 

 

 

 

 

Apportionment of assemblymen

 

 

 

 

 

Change in number of assemblymen to abrogate this act

[Assembly Bill No. 215–Mr. Hall]

 

Chap. 131–An Act to amend an act entitled “An act to establish assembly districts in the county of Washoe, and providing for the election therefrom of members of the assembly for the State of Nevada,” approved February 10, 1917.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The county of Washoe is hereby divided into three assembly districts, as follows: All that portion of Washoe County lying north of Reno, and including the voting precinct of Wadsworth, shall be known as assembly district No. 1, with one assemblyman to be elected at large. Voting precincts of Sparks, as established by the county commissioners of Washoe County, shall be known as assembly district No. 2, with two assemblymen to be elected at large. All that portion of Washoe County known as the voting precincts of Reno and Verdi, and all that portion of the county of Washoe south of the city of Reno, shall be known as assembly district No. 3, with six assemblymen to be elected at large.

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

      Section 2.  At each election held hereafter at which assemblymen are to be elected, or nominated for election, from said county, there shall be elected or nominated by the qualified electors of assembly district No. 1, one assemblyman at large; assembly district No. 2, two assemblymen at large; assembly district No. 3, six assemblymen at large.

      Sec. 3.  Section 4 of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  This act shall become operative from and after its passage and approval and shall continue in effect as long as the number of assemblymen to be elected from Washoe County shall continue to be nine, and shall ipso facto, and without further legislative action, be abrogated and repealed by any change in the number of assemblymen to which Washoe County is entitled.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 215ê

CHAPTER 132, SB 136

[Senate Bill No. 136–Senator Fairchild]

 

Chap. 132–An Act to fix the state tax levy for the fiscal years 1927 and 1928, and to distribute the said levy to the proper fund.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January 1, 1927, an advalorem tax of 58 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, twenty-six cents; contingent university fund, nine cents; the university public service division, two cents; the university permanent building fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, six and one-half cents; the state distributive school fund, eleven cents; teacher’s retirement salary fund, five-tenths of one cent.

      Sec. 2.  For the fiscal year commencing January 1, 1928, an advalorem tax of 58 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, twenty-six cents; contingent university fund, nine cents; the university public service division, two cents; the university permanent building fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, six and one-half cents; the state distributive school fund, eleven cents; public school teacher’s retirement fund, five-tenths of one cent.

 

 

 

 

 

 

 

 

 

 

Tax levy for 1927, 58 cents

 

 

 

 

 

 

 

 

Tax levy for 1928, 58 cents

 

________

 

CHAPTER 133, Senate Substitute for Senate Bill No. 40

[Senate Substitute for Senate Bill No. 40–Committee on Education, State Library and Public Morals]

 

Chap. 133–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, as amended March 4, 1921, as amended February 26, 1925.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

 


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ê1927 Statutes of Nevada, Page 216 (CHAPTER 133, Senate Substitute for Senate Bill No. 40)ê

 

Unlawful to contract unless funds in treasury

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

      Section 4.  It shall be unlawful for any commissioner, or any board of county commissioners, or any officer of the county to authorize, 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 and the payment of water commissioners’ salaries and expenses when such advances are reimbursable from the proceeds of any tax levied for such purpose.

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

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

 

________

 

CHAPTER 134, SB 106

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of stock commissioners to administer act

[Senate Bill No. 106–Senator Friedhoff]

 

Chap. 134–An Act to amend section 15 of an act entitled “An act providing for interstate and intrastate quarantine with respect to domestic animals and other live stock, poultry, bees, and agricultural and horticultural crops, products, seeds, plants, trees or shrubs, or any article infected with, or which may have been exposed to, infectious, contagious, or destructive diseases, or infested with parasites, or insect pests, or with the eggs or larvae thereof, dangerous to any industry in the state; and other matters relating thereto,” approved March 31, 1913, as amended March 24, 1915, and as amended March 8, 1923, and adding a new section to said act to be known as section 18, making an appropriation for the carrying out of the provisions of said act.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 15 of the above-entitled act is hereby amended to read as follows:

      Section 15.  The state board of stock commissioners, hereinafter in this section referred to as the board, is hereby designated the authority to administer this act and any other acts governing the activities of the state quarantine officer. The board shall appoint the state quarantine officer who shall also act as the executive officer and secretary of the board; provided, that no one shall be so appointed other than a graduate veterinarian eligible to take the federal civil service examination for appointment as a veterinary inspector in the United States department of agriculture, and who has had at least five years experience in the control of infectious diseases of animals in the employ of some state or the federal government.


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ê1927 Statutes of Nevada, Page 217 (CHAPTER 134, SB 106)ê

 

service examination for appointment as a veterinary inspector in the United States department of agriculture, and who has had at least five years experience in the control of infectious diseases of animals in the employ of some state or the federal government. The board may, upon his recommendation, appoint such properly qualified assistants and deputies for the state quarantine officer as they deem necessary. The board shall fix the compensation of the state quarantine officer as such, and that of his assistants and deputies appointed under the provisions of this act. The state quarantine officer shall be responsible for the carrying out of the provisions of this act, and such other duties as may have been assigned him by previous statutory enactments.

      Sec. 2.  There is hereby added to the above-entitled act a new section, to be known as section 18, as follows:

      Section 18.  For the purpose of carrying out the provisions of this act, and providing funds for the support of any other activities of the state quarantine officer not provided for by any other specific appropriation or appropriations, there is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of seven thousand five hundred dollars ($7,500) for the years 1927 and 1928. Claims against this appropriation shall be approved by the state quarantine officer and the state board of examiners.

      Sec. 3.  This act shall take effect and be in force on and after July 1, 1927.

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for administration of act

 

 

 

 

 

In effect

 

________

 

CHAPTER 135, SB 107

[Senate Bill No. 107–Senator Friedhoff]

 

Chap. 135–An Act to amend an act entitled “An act to establish at the University of Nevada a state veterinary control service, defining its duties, and providing for the conduct of the same, and stating its relation to the state quarantine laws,” approved March 11, 1915, and to repeal certain sections of the same.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 3.  The board of regents shall, upon the recommendation of the president, appoint a qualified veterinarian with adequate postgraduate experience in pathology and bacteriology to conduct and direct the said laboratory, and shall grant him such properly qualified assistants as may be required. The president and board of regents may make such rules and regulations for the conduct of said laboratory, not inconsistent with this act, as they deem wise.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of regents to appoint veterinarian


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ê1927 Statutes of Nevada, Page 218 (CHAPTER 135, SB 107)ê

 

Sections repealed

 

In effect

      Sec. 2.  Section 4 of the above-entitled act is hereby repealed.

      Sec. 3.  Section 5 of the above-entitled act is hereby repealed.

      Sec. 4.  This act shall take effect and be in force on and after July 1, 1927.

 

________

 

CHAPTER 136, SB 108

 

 

 

 

 

 

 

 

 

 

 

 

“Adjudication Emergency Fund” created

 

 

 

 

Revolving fund

 

 

 

 

Not to be used for attorney fees

Approval of expenditures

State to recover all costs

 

 

In effect

[Senate Bill No. 108–Senator Carpenter]

 

Chap. 136–An Act to authorize the payment of costs and expenses for stenographic work and transcripts when required by law or court orders, costs, witness fees, or other expenses in connection with adjudication of water rights, creating a fund therefor, and other matters in connection therewith.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for the costs, witness fees or expenses incurred by or upon the authority of the attorney-general and the state engineer in any litigation affecting any order of determination adjudicating the waters of any stream system in the State of Nevada, there is hereby created a revolving fund to be known as the “Adjudication Emergency Fund,” which shall be provided in the following manner:

      1.  All moneys returned under the provisions of that certain act of the legislature of the State of Nevada entitled “An act to authorize the payment of costs and expenses of the Humboldt river adjudication, making an appropriation therefor, and other matters in connection therewith,” approved March 21, 1925, until such returns shall aggregate the total of $6,000; and thereafter said fund shall be maintained as a revolving fund for the purposes hereinabove designated.

      2.  No part of said funds shall be used in the payment of attorney fees.

      Sec. 2.  All expenditures from the appropriation hereby made shall be subject to the approval of the attorney-general, the state engineer and the board of examiners.

      Sec. 3.  The State of Nevada shall recover all costs paid or advanced under the provisions of this act, and the moneys so recovered shall be placed in the fund hereinabove specified.

      Sec. 4.  This act shall become effective immediately upon its passage and approval.

 

________

 

 


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ê1927 Statutes of Nevada, Page 219ê

CHAPTER 137, SB 130

[Senate Bill No. 130–Senator Fairchild]

 

Chap. 137–An Act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence per day of state, county, district and municipal officers, representatives and employees while traveling on official business.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

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

      Sec. 2.  When any public official, either state, county, district or municipal, or any employee of any department, board, bureau or commission of the State of Nevada shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such expenses shall include his actual living expenses, not to exceed $6 per day, but the amount allowed for traveling by private conveyance shall in no instance exceed the amount charged for traveling by public conveyance; provided, that the state board of examiners is hereby authorized and directed to fix the amount to be allowed for necessary mileage when traveling by automobile on other than routes covered by public conveyance at not to exceed 15 cents per mile.

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

      Sec. 4.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

Board of examiners to fix per diem expenses

 

 

 

Living expenses not to exceed $6 per day

 

 

 

 

 

Expense of auto travel limited

Repeal

In effect

 

________

 

CHAPTER 138, SB 133

[Senate Bill No. 133–Senator Dressler]

 

Chap. 138–An Act to repeal an act entitled “An act to authorize the board of county commissioners of Douglas County, Nevada, to issue bonds for Douglas County to provide funds for constructing and improving roads and highways and constructing bridges in Douglas County, Nevada,” approved March 18, 1925.

 

[Approved March 23, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act to authorize the board of county commissioners of Douglas County, Nevada, to issue bonds for Douglas County to provide funds for constructing and improving roads and highways and constructing bridges in Douglas County, Nevada,”

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed


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

ê1927 Statutes of Nevada, Page 220 (CHAPTER 138, SB 133)ê

 

 

for constructing and improving roads and highways and constructing bridges in Douglas County, Nevada,” approved March 18, 1925, is hereby expressly repealed.

 

________

 

CHAPTER 139, AB 51

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mode of selecting grand jury

 

 

 

 

 

 

 

 

 

 

 

 

Venire to be directed to sheriff

[Assembly Bill No. 51–Mr. Hamlin]

 

Chap. 139–An Act to amend section 8 of an act entitled “An act concerning juries,” approved March 5, 1873, as amended March 14, 1879, as amended February 8, 1881, as amended March 16, 1915, as amended and approved March 29, 1919.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 8.  It shall be the duty of the district judge and any one of the county commissioners of the county, as often as the public interest may require, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the said qualified jurors twenty-four persons as grand jurors. If the judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk shall fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the said qualified jurors by the judge and clerk and summoned to appear in court at such time as the court may direct.


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ê1927 Statutes of Nevada, Page 221 (CHAPTER 139, AB 51)ê

 

appear in court at such time as the court may direct. Any person named in such venire who resides elsewhere than at the place at which the court is held, shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the post office addressed to such person at his usual post-office address. And the receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county. Provided, that it shall be mandatory to summon such grand jury whenever a verified petition is presented signed by not less than seventy-five resident taxpayers specifically setting forth the fact or facts constituting the necessity of convening such grand jury.

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

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

Service by registered mail

 

 

 

 

 

 

 

Grand jury may be summoned on petition

 

Repeal

 

In effect

 

________

 

CHAPTER 140, AB 55

[Assembly Bill No. 55–Mr. Swallow]

 

Chap. 140–An Act relating to the slaughtering of the meat of bovine animals; the keeping of a record by all slaughterhouses and butcher shops, the securing of annual permits by any person who slaughters and sells the meat of any bovine animal; the keeping of the hides intact after slaughtering any bovine animal; the exhibiting of hides when peddling the meat of any bovine animal; providing penalties for the violation thereof, and other matters properly connected therewith.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person, or persons, firm, company, or corporation, slaughtering any bovine animal or animals in the state shall keep the hide or hides from any such animal or animals, with the ears attached, intact with any brand or other marks of identification thereon for a period of ten days after such slaughtering, and shall upon demand therefor by any person or persons within said period exhibit such hide or hides for examination.

      Sec. 2.  It shall be unlawful for the keeper of any slaughterhouse, or any person engaged in slaughtering cattle, or for the keeper of any butcher shop, or other person who buys the meat of a slaughtered bovine animal, or animals, in quantities of a quarter-carcass or more to purchase or receive any cattle for slaughter or any meat of a slaughtered bovine animal or animals except meat purchased from a wholesale meat dealer, packinghouse, or licensed butcher shops without first having exhibited to him, or her, the hide of such animal or animals and examining the brand or other marks on the hide or hides and entering in a book kept for that purpose a description of such brand and any other marks on the hide or hides, the sex, number of head or quantity of meat purchased or received, together with the name and address of the person from whom the purchase was made and the date of the purchase, and, in the case of animals purchased for slaughter, the date of slaughtering.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hides of slaughtered animals to be held ten days

 

 

 

Record to be kept of brands or marks


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ê1927 Statutes of Nevada, Page 222 (CHAPTER 140, AB 55)ê

 

 

 

 

 

 

 

 

 

 

 

Record open to inspection

 

 

 

Forms to be supplied by board of stock commissioners

 

 

Verified and filed with county clerk

 

Permit for slaughter or sale must be obtained from county clerk

 

 

 

 

 

 

 

Peddler must have hide in possession

the meat of a slaughtered bovine animal, or animals, in quantities of a quarter-carcass or more to purchase or receive any cattle for slaughter or any meat of a slaughtered bovine animal or animals except meat purchased from a wholesale meat dealer, packinghouse, or licensed butcher shops without first having exhibited to him, or her, the hide of such animal or animals and examining the brand or other marks on the hide or hides and entering in a book kept for that purpose a description of such brand and any other marks on the hide or hides, the sex, number of head or quantity of meat purchased or received, together with the name and address of the person from whom the purchase was made and the date of the purchase, and, in the case of animals purchased for slaughter, the date of slaughtering. Said book shall be kept at the slaughterhouse or butcher shop and shall be open to the inspection of any person or persons during business hours; provided, that in the case of a resale of such cattle or meat by the keeper of an established slaughterhouse or of an established butcher shop such exhibition of hides shall not be required nor shall it be necessary to make entries in such cases in the record book herein provided for.

      Sec. 3.  Every person, or persons, firm, company, or corporation who shall slaughter, or cause to be slaughtered, any bovine animal, or animals, for sale or distribution shall keep a record thereof in a book such as is provided for in section 2 of this act; and a duplicate of such record, on forms to be supplied by the state board of stock commissioners, shall be by such person, or persons, firm, company, or corporation, or any agent thereof with knowledge of the facts, verified under oath and filed with the county clerk of the county wherein such animal, or animals, shall have been slaughtered within thirty (30) days from the date of such slaughtering.

      Sec. 4.  Each person, or persons, firm, company, or corporation, who shall slaughter, sell, or offer for sale, the meat of any bovine animal, or animals, shall first obtain from the county clerk of the county wherein such slaughter, sale, or offer for sale shall take place, a permit permitting and authorizing such slaughter, sale or offer for sale, and shall pay for such permit the sum of one ($1) dollar, and the said permit shall be in full force and effect for the period of one year from the date of issuance. All fees collected under the provisions of this section shall be placed in the general fund of the county. The provisions of sections 3 and 4 shall not apply to any person, or persons, slaughtering any bovine animal, or animals, in good faith for his, her, or their own use.

      Sec. 5.  It shall be unlawful for any person or persons peddling the meat of any bovine animal or animals, who is not the keeper of any shop or meat market to sell or offer for sale such meat without having in his or her possession, and upon request exhibiting, the hide or hides of such animal or animals, with ears attached containing the brand and other marks thereon.


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ê1927 Statutes of Nevada, Page 223 (CHAPTER 140, AB 55)ê

 

animals, with ears attached containing the brand and other marks thereon.

      Sec. 6.  Any person violating any of the provisions of this act shall be guilty of a gross misdemeanor and shall be punished accordingly.

      Sec. 7.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 8.  This act shall be in full force and effect from and after its passage and approval.

 

Penalty

 

Repeal

 

In effect

 

________

 

CHAPTER 141, AB 64

[Assembly Bill No. 64–Mr. Yeager]

 

Chap. 141–An Act for the advancement of agriculture, the livestock industry, and home economics; and the dissemination of knowledge and information in relation thereto in western Nevada; and making an appropriation therefor.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  To advance agriculture, the livestock industry, and home economics in western Nevada, in cooperation with the county farm bureaus and the agricultural extension division of the University of Nevada, the sum of six thousand two hundred fifty dollars annually, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated; provided, that during the year 1927 not to exceed five thousand seven hundred dollars ($5,700) of this appropriation may be used for the construction of a camp kitchen, purchase of shelter tents, or other necessary equipment used in connection with the boys’ and girls’ club work.

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

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

      Sec. 4.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $6,250

 

 

 

 

Proviso

 

 

 

Budget of expenditures filed with state controller

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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ê1927 Statutes of Nevada, Page 224ê

CHAPTER 142, AB 129

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nevada state building board created

 

 

 

 

 

 

Who shall occupy building

 

 

 

 

Powers of board

 

 

Reno chamber of commerce may be placed in charge

 

Duties of chamber of commerce

[Assembly Bill No. 129–Mr. David]

 

Chap. 142–An Act to provide for the control, use and supervision of the Nevada state building constructed under the provisions of the act of the legislature of the State of Nevada entitled “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 related thereto,” approved March 2, 1925; creating a board of control thereof; providing an appropriation for carrying out the provisions of this act; and other matters properly relating thereto.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Nevada state building located in Reno, Nevada, and constructed under the provisions of that certain act of the legislature of the State of Nevada, entitled “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, shall be controlled and generally supervised by a board consisting of the governor, secretary of state, and state inspector of mines, which board is hereby created and shall be known as the Nevada state building board.

      Sec. 2.  The Nevada state building shall house the Nevada state historical society, the Nevada state automobile association, division number two (2) of the department of highways, mining, geological, agricultural, horticultural, historical, educational, and recreational exhibits of the State of Nevada and the several counties thereof, and such other organizations and exhibits as said Nevada state building board may determine.

      Sec. 3.  Nevada state building board shall have power to make rules and regulations for the use and maintenance of said building and the exhibits therein, and to purchase equipment therefor.

      Sec. 4.  The Nevada state building board may place the immediate supervision of said building and all exhibits which may be placed therein with the Reno chamber of commerce, a nonprofit sharing corporation organized under the laws of the State of Nevada.

      Sec. 5.  The Reno chamber of commerce may be furnished adequate quarters in the Nevada state building without charge. It may be made the duty of said Reno chamber of commerce to supervise said building, be responsible for the custody of the exhibits therein, explain the exhibits, furnish available information to prospective homeseekers and tourists, and generally to perform the services of a development organization for mining and agricultural interests of the State of Nevada.


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ê1927 Statutes of Nevada, Page 225 (CHAPTER 142, AB 129)ê

 

available information to prospective homeseekers and tourists, and generally to perform the services of a development organization for mining and agricultural interests of the State of Nevada.

      Sec. 6.  The maintenance cost of said Nevada state building and the state exhibits therein shall be charged against the appropriation hereinafter provided.

      Sec. 7.  For the purpose of carrying out the provisions of this act the sum of twenty thousand dollars ($20,000) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated.

      Sec. 8.  The Reno chamber of commerce when having immediate supervision of the building shall at least once a month certify to the Nevada state building board all claims against the fund herein provided, and the same, when properly approved by the board of examiners, will be paid as all other claims against the state.

      Sec. 9.  All acts and parts of acts in conflict with or inconsistent with this act are hereby repealed.

      Sec. 10.  This act shall take effect upon its passage and approval.

 

 

 

Maintenance cost provided

Appropriation, $20,000

 

 

Board of examiners to approve claims

 

 

Repeal

 

In effect

 

________

 

CHAPTER 143, AB 145

[Assembly Bill No. 145–Mr. Proctor]

 

Chap. 143–An Act to provide for the erection and equipment of a new kitchen and commissary, for the completion of the men’s ward for the Nevada hospital for mental diseases, providing a bond issue therefor, and other matters properly related thereto.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, state controller and state treasurer are hereby constituted a commission, and are hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of one hundred and sixty thousand dollars ($160,000). Said bonds shall be in denominations of one thousand dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and indorsed by the state treasurer and countersigned by the state controller and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per centum per annum, payable semiannually, and shall be payable within twenty years from the date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds.

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue of $160,000

 

 

 

 

 

 

 

Bonds to be sold to certain state funds


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ê1927 Statutes of Nevada, Page 226 (CHAPTER 143, AB 145)ê

 

 

 

 

 

 

 

 

 

 

Ad valorem tax to pay bonds

 

 

 

 

Duties of board of commissioners of hospital for mental diseases

 

 

 

 

 

 

 

 

 

 

 

 

Further duties of board

the university seventy-two section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. If there shall not be money available in the funds above mentioned, said bonds may be sold at public or private sale. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as “Nevada Hospital for Mental Diseases Building Fund.” At least four of said bonds of one thousand dollars each shall be redeemed each year, commencing July 1, 1928, and annually thereafter on the same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the Nevada hospital for mental diseases building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act.

      Sec. 4.  The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to erect a new kitchen and commissary upon the property belonging to said Nevada hospital for mental diseases, upon such site as they may select, and complete the men’s ward now partially constructed, and to provide for the heating, lighting and equipping of said building. The cost of said buildings, and the construction thereof, together with the heating and lighting system and all equipment thereof, shall not exceed the sum of one hundred and sixty thousand dollars. Said board, on or before the first day of May, may employ a competent architect to prepare and submit plans and specifications to said board for the construction work and heating and lighting system herein provided for, and when said plans and specifications are approved by the board, said board may advertise for a period of two weeks for sealed bids for the construction and completion of said buildings and the heating and lighting system in accordance with the specifications, which shall be on file, subject to inspection. Said board shall let the contract for the construction and completion of said buildings and the heating and lighting system thereof to the lowest responsible bidder; provided, that any and all bids may, for sufficient reason, be rejected.

      Sec. 5.  The board of commissioners of the Nevada hospital for mental diseases shall provide in all contracts for time and amounts of payments thereon, as the work progresses, a reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by said board. Good and sufficient bonds to protect the state shall be required from the contractors. All bids for the employment of architect and for the erection, completion and heating and lighting system of said buildings and equipment thereof shall be paid out of the Nevada hospital for mental diseases building fund, herein provided for in section 2, upon bills approved by the board of commissioners of the Nevada hospital for mental diseases, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.


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ê1927 Statutes of Nevada, Page 227 (CHAPTER 143, AB 145)ê

 

the employment of architect and for the erection, completion and heating and lighting system of said buildings and equipment thereof shall be paid out of the Nevada hospital for mental diseases building fund, herein provided for in section 2, upon bills approved by the board of commissioners of the Nevada hospital for mental diseases, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

 

 

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CHAPTER 144, AB 150

[Assembly Bill No. 150–Mr. Guthrie]

 

Chap. 144–An Act to amend an act entitled “An act relating to public printing required by the counties, towns and cities of the State of Nevada, and providing a method of computing prices thereof,” approved March 18, 1925.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  All public printing required by the various counties, cities, towns and school districts of this state shall be placed with some bona fide newspaper, or bona fide commercial printing establishment within the county requiring the same, or in which said city, town or school district is located; provided, however, if there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do such printing, then and in that event the printing so required shall be placed through the local bona fide newspaper, or bona fide commercial printing establishment; provided further, that nothing in this act shall be construed as requiring such counties, cities, towns and school districts, to pay the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but said commission must be paid by the printing establishment doing the same. Printing required by counties, cities, towns and school districts of this state, shall be done within the state. The provisions of this act are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Public printing to be done in county needing same

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

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ê1927 Statutes of Nevada, Page 228ê

CHAPTER 145, Senate Substitute for Assembly Bill No. 161

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of city clerk of Reno

 

In effect

[Senate Substitute for Assembly Bill No. 161–Washoe County Delegation]

 

Chap. 145–An Act to amend section 5 of article IV of an act entitled “An act to incorporate the town of Reno, and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, as amended March 28, 1907, as amended March 24, 1913.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  The city clerk shall receive a salary in the sum of two thousand five hundred ($2,500) dollars per annum from and after the passage of this act, which sum shall be paid in twelve (12) equal monthly installments.

      Sec. 2.  This act shall be in effect upon its passage and approval.

 

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CHAPTER 146, AB 206

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Arson; penalty

 

 

 

 

 

 

Lesser degree of punishment

[Assembly Bill No. 206–Mr. Hart]

 

Chap. 146–An Act to amend sections 359, 360, 361, and 362 of and to add two new sections to be numbered 360 1/2 and 362 1/2 to chapter 19, relating to arson, forest and negligent fires, of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 359 of the above-entitled act is hereby amended to read as follows:

      Section 359.  Any person who wilfully or maliciously or with intent to defraud sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of any dwelling house; or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, the property of himself or of another, shall be guilty of arson, and upon conviction thereof be sentenced to the penitentiary for not less than two nor more than twenty years.

      Sec. 2.  Section 360 of said act is hereby amended to read as follows:

      Section 360.  Any person who wilfully or maliciously or with intent to defraud sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of any barn, stable or other building, the property of himself or of another, not a parcel of a dwelling house; or any shop, storehouse, warehouse, factory, mill or other building, the property of himself or another; or any church, meeting house, courthouse, workhouse, school, jail or other public building, or any public bridge, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than ten years.


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ê1927 Statutes of Nevada, Page 229 (CHAPTER 146, AB 206)ê

 

storehouse, warehouse, factory, mill or other building, the property of himself or another; or any church, meeting house, courthouse, workhouse, school, jail or other public building, or any public bridge, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than ten years.

      Sec. 3.  The above-entitled act is amended by adding thereto section 360 1/2, to read as follows:

      Section 360 1/2.  Any person who wilfully or maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of any barrack, cock, crib, rick, or stack of hay, corn, wheat, oats, barley or other grain or vegetable product of any kind; or any field of standing hay or grain of any kind; or any pile of coal, wood or other fuel; or any pile of planks, boards, posts, rails or other lumber; or any street car, railway car, boat, automobile or other motor vehicle; or any other personal property not herein specifically named (such property being of the value of twenty-five dollars and the property of another person) shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than three years.

      Sec. 4.  Section 361 is amended to read as follows:

      Section 361.  Any person who wilfully or maliciously and with intent to injure or defraud the insurer sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of any goods, wares, merchandise or other chattels or personal property of any kind, the property of himself or of another, which shall at the time be insured by any person or corporation against loss or damage by fire, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than five years.

      Sec. 5.  The above-entitled act is amended by adding thereto section 361 1/2, to read as follows:

      Section 361 1/2.  Any person who wilfully or maliciously attempts to set fire to or attempts to burn or to aid, counsel, or procure the burning of any of the buildings or property mentioned in the foregoing sections, shall, upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than two years, or fined not to exceed one thousand dollars ($1,000).

      Sec. 6.  Section 362 of said act is hereby amended to read as follows:

      Section 362.  When any person is convicted of arson under the provisions of sections 359, 360, 360 1/2, or 361, the court in addition to any term of imprisonment provided by law may order and adjudge that the accused pay a fine not exceeding ten thousand dollars ($10,000), and not exceeding twice the value of the property destroyed by fire.

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

 

 

 

 

 

 

Destruction of personal property

 

 

 

 

 

 

 

 

Burning to defraud insurer

 

 

 

 

 

 

 

Fine in addition to imprisonment

 

 

 

 

Fine may be twice value of property destroyed

 

 

 

In effect

 

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ê1927 Statutes of Nevada, Page 230ê

CHAPTER 147, AB 216

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County board of education to expend moneys

[Assembly Bill No. 216–Mr. Maupin]

 

Chap. 147–An Act to amend section 8 of an act entitled “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.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 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 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 acquired 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; provided, that if any portion of said building shall be leased or rented for any grade or other school, that such school so renting shall only be charged such sum as would be its proportion of the cost of maintaining said school building, including fuel and janitor, on the basis of room or space so occupied by said grade or other school.

      Sec. 2.  This act shall be effective from and after its passage and approval.

 

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ê1927 Statutes of Nevada, Page 231ê

CHAPTER 148, SB 26

[Senate Bill No. 26–Senator Scott]

 

Chap. 148–An Act to amend an act entitled “An act to regulate the settlement of estates of deceased persons,” approved March 23, 1897.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 216 (being section 6073, Revised Laws of Nevada, 1912) of the above-entitled act is hereby amended to read as follows:

      Section 216.  In the decree the court shall name the persons and the proportion or parts to which each shall be entitled, and such person shall have the right to demand and recover his or her respective share from the executor or administrator or any other person having the same in possession.

      Where any trust, life estate or estate for years has been created by or under any will to continue after distribution, the district court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction thereof for the purpose of the settlement of accounts under the trusts, life tenancies or estates for years and the distribution of the residue to those entitled thereto, which distribution may be upon petition of the trustee, or of his executors or administrators, or of any party entitled to share in the distribution. And any trustee created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, or may, at the termination thereof, render and pray for the settlement of his accounts as such trustee, before the district court in which the will was probated, and in the manner provided for the settlement of the accounts of executors and administrators. The trustee, or, in case of his death, his legal representatives, shall, for that purpose, present to the court his verified petition, setting forth his accounts in detail, with a report showing the condition of the trust estate, together with a verified statement of said trustee, giving the names and post-office addresses, if known, of the cestui que trust, and upon the filing thereof, the clerk shall fix a day for the hearing, and give notice thereof of not less than ten days, by causing notices to be posted in at least three public places in the county, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper. Such trustee may, in the discretion of the court, upon application of any beneficiary of the trust, or the guardian of such beneficiary, be ordered to appear and render his account, after being cited by service of citation, as provided for the service of summons in civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application.

 

 

 

 

 

 

 

 

 

 

 

 

Form of decree

 

 

 

District court to retain jurisdiction, when

 

 

 

 

 

 

 

 

Trustee to file report of condition of trust estate


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ê1927 Statutes of Nevada, Page 232 (CHAPTER 148, SB 26)ê

 

 

 

 

 

Foregoing provisions to apply

 

 

 

 

 

 

Section 217 to apply

civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application. Upon the filing of the account so ordered, the same proceedings for the hearing and settlement thereof shall be had as hereinbefore provided.

      Wherever by law, or by the terms creating a life estate, or an estate for years, the tenant is required to account for his use of the property of which he is tenant, then the foregoing provisions concerning accounting by a trustee shall apply to the life tenant or tenant for years, and after his death to his executors and administrators, and where no obligation to account during his tenancy is imposed upon such tenant, nevertheless such of the foregoing provisions as apply to accounting by the executors and administrators of a trustee shall apply to the executors and administrators of such tenant, to the extent of determining the residue of the estate.

      Whenever a distribution of the residue of the trust estate, estate for life or estate for years to those entitled thereto shall be petitioned for, notice of the hearing of such petition shall be given for the time and in the manner provided in section 217 of this act upon petitions for distribution.

 

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CHAPTER 149, SB 29

 

 

 

 

 

 

 

 

 

 

 

 

 

Section repealed

In effect

[Senate Bill No. 29–Senator Cowles]

 

Chap. 149–An Act to repeal section 3 of an act entitled “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.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby repealed.

      Sec. 2.  This act shall become effective from and after its passage and approval.

 

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ê1927 Statutes of Nevada, Page 233ê

CHAPTER 150, SB 34

[Senate Bill No. 34–Senator Frank T. Miller]

 

Chap. 150–An Act to amend section 407 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, as amended April 1, 1925.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 407 of the above-entitled act is hereby amended so as to read as follows:

      Section 407.  Every person who shall make, pass, utter or publish with the intention to defraud any other person or persons, firm, corporation or body politic, any bill, note, check or other instrument in writing for the payment of money or the delivery of other valuable property, directed to, or drawn upon, any real or fictitious person, bank, firm, partnership, or corporation, when in fact such person shall have no money, property, or credit, or shall have insufficient money, property or credit, with the drawee of such instrument to meet and make payment of the same, shall, if the amount involved be in excess of twenty-five dollars ($25) be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the state prison not less than one nor more than five years, or by both such fine and imprisonment. If only one check is involved, the amount of which is not in excess of twenty-five dollars ($25), and the defendant has had no prior felony conviction, the offense shall be a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. If payment of money is refused on any instrument mentioned above calling for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of the same, and the person who shall make, pass, utter or publish said instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn, within ten days from the date the said instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument, or shall fail to pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima-facie evidence that the person who made, passed, uttered or published the instrument intended to defraud; and provided further, that if any person shall sign his name to a check or draft which has inscribed over his signature the words “I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact,” and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property or credit, with the drawee of the said instrument to meet and make payment of the same, it shall be prima-facie evidence that the person who made, passed, uttered, or published said instrument intended to defraud.

 

 

 

 

 

 

 

 

 

 

 

 

 

Drawing checks when no deposit or credit

 

 

 

 

 

When felony

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prima-facie evidence to defraud


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ê1927 Statutes of Nevada, Page 234 (CHAPTER 150, SB 34)ê

 

 

 

 

 

 

 

Repeal

In effect

to me upon representation of such fact,” and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property or credit, with the drawee of the said instrument to meet and make payment of the same, it shall be prima-facie evidence that the person who made, passed, uttered, or published said instrument intended to defraud.

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

      Sec. 3.  This act shall be in force from and after its passage and approval.

 

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CHAPTER 151, SB 51

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain employment of minors prohibited; misdemeanor

[Senate Bill No. 51–Senator Frank T. Miller]

 

Chap. 151–An Act to amend section 558 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 558 of the above-entitled act, being section 6823, Revised Laws of Nevada, 1912, is hereby amended so as to read as follows:

      Section 558.  Every person who shall employ, or cause to be employed, exhibit or have in his custody for exhibition or employment, any minor actually under the age of eighteen years; and every parent, relative, guardian, employer or other person having the care, custody, or control of any such minor, who shall in any way procure or consent to the employment of such minor-

      1.  In begging, receiving alms, or in any mendicant occupation; or,

      2.  In any indecent or immoral exhibition or practice; or,

      3.  In any practice or exhibition dangerous or injurious to life, limb, health or morals; or,

      4.  As a messenger for delivering letters, telegrams, packages or bundles, to any house of prostitution or assignation;

      5.  In any public dance hall within this state; provided, that a public dance hall as used in this act shall only include those dance halls where women or girls are either employed or attend for profit either directly or indirectly to themselves;

      Shall be guilty of a misdemeanor.

 

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ê1927 Statutes of Nevada, Page 235ê

CHAPTER 152, SB 86

[Senate Bill No. 86–Senator Berney]

 

Chap. 152–An Act to amend section 131 of “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 131 of the above-entitled act, being section 5987 of the Revised Laws of Nevada of 1912, is hereby amended to read as follows:

      Section 131.  If it shall appear to the court or judge by such petition that it is necessary to sell the whole or some part of the real estate for the purpose therein mentioned, or any one of them, such petition shall be filed, and an order thereupon made directing the clerk to issue a notice to all persons interested in the estate to be and appear before the court at a time and place specified, not less than two weeks nor more than four weeks from the date of such notice, to show cause why an order should not be granted to authorize the executor or administrator to sell so much of the real estate as may be necessary.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Order to show cause; time of hearing

 

 

 

 

 

 

Repeal

 

In effect

 

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CHAPTER 153, SB 90

[Senate Bill No. 90–Senator John H. Miller]

 

Chap. 153–An Act fixing the salaries of the justices of the supreme court of the State of Nevada.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the expiration of the terms of the present incumbents each justice of the supreme court of the State of Nevada shall receive a salary of seven thousand five hundred dollars a year, payable in equal monthly installments as other state officers are paid.

 

 

 

 

 

 

 

 

 

 

Increased salary for justices of supreme court; when in effect

 

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ê1927 Statutes of Nevada, Page 236ê

CHAPTER 154, SB 102

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of board of commissioners

[Senate Bill No. 102–Senator Henderson]

 

Chap. 154–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.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  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.

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

      3.  To appropriate 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 of the taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as the “Publicity Fund.”

      5.  To borrow money on the credit of the city for corporation purposes and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness in excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water.


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ê1927 Statutes of Nevada, Page 237 (CHAPTER 154, SB 102)ê

 

excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have the power to acquire or establish any public utility only in the manner herein provided. The board shall enact 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. 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 installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.”

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ê1927 Statutes of Nevada, Page 238 (CHAPTER 154, SB 102)ê

 

Further powers of board of commissioners

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. 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.


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ê1927 Statutes of Nevada, Page 239 (CHAPTER 154, SB 102)ê

 

      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 accomodating 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 stock brokers. 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 stones dealers, saddle or harness makers or shops,

Further powers of board of commissioners


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ê1927 Statutes of Nevada, Page 240 (CHAPTER 154, SB 102)ê

 

Further powers of board of commissioners

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, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, 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, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing 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.


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ê1927 Statutes of Nevada, Page 241 (CHAPTER 154, SB 102)ê

 

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

      12.  To lay out, establish, open, alter, widen, extend, grade, narrow, vacate or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and by ordinance require and provide for the macadamizing, oiling, curbing, grading, graveling and regrading, paving, draining, cleaning, repairing, lighting, surfacing or resurfacing the same.

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

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

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

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

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

      18.  To regulate or prohibit traffic and 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 obstructions.

      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 wires or cables, horse troughs or racks, or for posting handbills or advertisements.

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

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

      24.  To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances and vehicles, and cars and locomotives within the 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 horseracing, 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.

 

Further powers of board of commissioners


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ê1927 Statutes of Nevada, Page 242 (CHAPTER 154, SB 102)ê

 

Further powers of board of commissioners

      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.

      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 cars for public use for a period of one year after the laying thereof.

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

      33.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage 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.


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ê1927 Statutes of Nevada, Page 243 (CHAPTER 154, SB 102)ê

 

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

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

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

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

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

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

Further powers of board of commissioners


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ê1927 Statutes of Nevada, Page 244 (CHAPTER 154, SB 102)ê

 

 

Further powers of board of commissioners

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.

      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.


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ê1927 Statutes of Nevada, Page 245 (CHAPTER 154, SB 102)ê

 

porate 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.

      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 the 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 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 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.

 

 

Further powers of board of commissioners


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ê1927 Statutes of Nevada, Page 246 (CHAPTER 154, SB 102)ê

 

Further powers of board of commissioners

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

      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.

      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.


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ê1927 Statutes of Nevada, Page 247 (CHAPTER 154, SB 102)ê

 

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

      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.

Further powers of board of commissioners


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ê1927 Statutes of Nevada, Page 248 (CHAPTER 154, SB 102)ê

 

Further powers of board of commissioners

 

 

 

 

 

 

 

 

 

 

Any cost over 50 per cent of value to be paid by city

 

 

 

 

 

 

 

 

 

Special assessment, how enforced

      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.

      Sec. 2.  Section 59 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 59.  Any Cost Over Fifty Per Cent of the Value of Property Paid by the City.  The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed fifty per cent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding fifty per cent, which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.

      Sec. 3.  Section 76 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 76.  Special Assessment, How Enforced.  When any special assessment roll shall be confirmed by the city council it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members of the board of commissioners. The city clerk and clerk of the city council shall thereupon deliver to the county assessor, acting ex officio city assessor, the assessment roll as confirmed by the board of commissioners with his certificate of such confirmation, and of the date thereof. The county assessor, acting ex officio city assessor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll when so endorsed and recorded shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.


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

ê1927 Statutes of Nevada, Page 249 (CHAPTER 154, SB 102)ê

 

the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Las Vegas in the same manner as any other action for money owed the city of Las Vegas; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice at of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act the same shall be held to mean municipal court, municipal judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of lands so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions.

      Should any special assessment prove insufficient to pay for the improvement of work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the board of commissioners, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board of commissioners shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment and the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

 

Lien

 

 

 

 

 

 

When payable

 

 

 

 

 

 

 

 

 

 

Assessments on divided property, how apportioned

 

 

 

Deficit paid by city

 

 

 

 

New assessment, when


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

ê1927 Statutes of Nevada, Page 250 (CHAPTER 154, SB 102)ê

 

 

 

 

Previous payments, how applied

 

 

Lien not impaired, when

 

 

City assessor to levy tax for special assessments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

new assessment to be made for the same purpose for which the former assessment and the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the board of commissioners vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the board of commissioners may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively, and the board of commissioners shall annually and at the same time the city tax levy is made continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county assessor, acting ex officio city assessor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Las Vegas from collecting any special assessment by suit in the name of the city of Las Vegas in the manner in this subdivision before contained, and said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.


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

ê1927 Statutes of Nevada, Page 251 (CHAPTER 154, SB 102)ê

 

recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      Sec. 4.  Section 77 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 77.  Irregularities, How Remedied.  If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The board of commissioners of the city of Las Vegas is hereby authorized and empowered to correct or amend the said special assessment roll, by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members of the board of commissioners, and the said resolution, or a copy thereof certified by the clerk of the board of commissioners as being a true copy, shall be posted in said special assessment roll and shall constitute conclusive authority for the change so made.

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

 

 

 

 

Irregularities, how remedied

 

 

 

 

 

Board of commissioners may correct or amend assessment roll

 

 

 

 

 

In effect

 

________

 

CHAPTER 155, SB 109

[Senate Bill No. 109–Senator Scott]

 

Chap. 155–An Act in relation to claims of this state against the general government for war expenditures.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of examiners are hereby authorized to employ one or more attorneys, at the city of Washington, District of Columbia, or elsewhere, to prosecute the claims of the State of Nevada against the general government before the Congress, or any court or department thereof, for disbursements made by the Territory or State of Nevada for the benefit of the general government and occasioned by the Civil, Spanish, Indian or other wars, and they are hereby authorized to pay to said attorney or attorneys, out of any moneys so collected, not to exceed twenty-five per cent of all moneys collected from said sources, to be in full payment for such fees and expenses; provided, that in any such contract of employment the same shall have the approval of both the governor and attorney-general, as members of said board, and that in any litigation growing out of the prosecution of said claims the attorney-general shall have the right to be associated as an attorney on the part of the state.

 

 

 

 

 

 

 

 

 

 

Board of examiners to employ attorneys to prosecute war claims against U. S. government


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

ê1927 Statutes of Nevada, Page 252 (CHAPTER 155, SB 109)ê

 

 

 

 

Repeal

both the governor and attorney-general, as members of said board, and that in any litigation growing out of the prosecution of said claims the attorney-general shall have the right to be associated as an attorney on the part of the state.

      Sec. 2.  All acts or parts of acts dealing with the same subject matter, or in conflict herewith, are hereby repealed.

 

________

 

CHAPTER 156, SB 120

 

 

 

 

 

 

 

 

 

 

 

 

Wadsworth school district bond issue, $2,500

 

 

 

 

 

 

 

 

 

Denomination of $250 each

[Senate Bill No. 120–Senator Cowles]

 

Chap. 156–An Act authorizing the issuance and sale of bonds for the completion of certain public utilities for Wadsworth school district No. 11, Washoe County, Nevada, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Washoe is authorized and directed to prepare, issue and sell negotiable coupon bonds of Wadsworth school district No. 11, in said county, for an amount not exceeding twenty-five hundred ($2,500) dollars, exclusive of interest, for the purpose of providing funds for the completion of certain public utilities for the said school district, to wit, a water system. Said bonds shall be named “Wadsworth School District No. 11 Utility Bonds,” and the proceeds from the sale of said bonds are to be used for the completion of the public utilities designated in that certain act of the legislature of the State of Nevada entitled “An act authorizing the acquisition of certain public utilities for Wadsworth school district No. 11, Washoe County, Nevada, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto,” approved March 21, 1925.

      Sec. 2.  Said bonds shall be prepared in denominations of two hundred fifty ($250) dollars and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the clerk of the said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding six per centum (6%) per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than three years.


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

ê1927 Statutes of Nevada, Page 253 (CHAPTER 156, SB 120)ê

 

of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than three years.

      Sec. 3.  The board of county commissioners of the county of Washoe shall be guided by the provisions of an act entitled “An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto,” approved March 23, 1911, as it stands amended, except as otherwise provided in this act.

      Sec. 4.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners shall proceed at once to execute and issue them as rapidly as needed.

      Sec. 5.  The board of county commissioners is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any and all bids; provided, that no bond shall be sold for less than par value.

      Sec. 6.  The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the “Wadsworth School District No. 11 Public Utilities Fund,” and who shall pay out the same for the completion, acquisition, installation, management and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners.

      All moneys acquired for service or the sale of service from said system, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the “Wadsworth School District No. 11 Public Utilities Fund,” created as aforesaid, for use as such fund may be required to be used, and, at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the Wadsworth school district No. 11 public utilities bond interest redemption fund.

      Sec. 7.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Wadsworth school district No. 11,

 

 

 

Prior act to govern

 

 

 

 

 

 

 

Election to determine issue

 

Bonds to be sold at par

 

 

 

 

Proceeds to go to certain fund

 

 

 

 

 

Revenue to certain fund

 

 

 

 

 

 

Bonds redeemed, when


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

ê1927 Statutes of Nevada, Page 254 (CHAPTER 156, SB 120)ê

 

 

 

 

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

 

 

 

 

Treasurer to cancel redeemed bonds

 

 

 

 

 

 

 

Faith of Nevada pledged

 

 

To be deemed public use

including proceeds of mines, within the boundaries of said Wadsworth school district No. 11, Nevada, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, one of said bonds annually, beginning with the first Monday in July, 1928, 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 in a special fund to be known as the “Wadsworth School District No. 11 Public Utilities Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from the fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said Wadsworth school district No. 11.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the “Wadsworth School District No. 11 Public Utilities Fund.” If at any time there are sufficient funds in said bond interest and redemption fund to care for the obligations of the current year, in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 9.  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. 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.

      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 the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

      Sec. 10.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collections of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management and financing of the system mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1927.


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

ê1927 Statutes of Nevada, Page 255 (CHAPTER 156, SB 120)ê

 

as they conveniently may, and the bonds shall be prepared not later than June 1, 1927. The system herein provided for shall be deemed public use authorized by the legislature such as are assisted by the principle of eminent domain.

      Sec. 11.  This act shall take effect immediately after its passage and approval.

 

 

 

In effect

 

________

 

CHAPTER 157, SB 123

[Senate Bill No. 123–Senator Fairchild]

 

Chap. 157–An Act to provide for the reversion of certain unexpended funds in the State of Nevada into the general fund of the State of Nevada.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  All moneys now remaining in that certain fund created by an act of the legislature of the State of Nevada entitled “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,” approved March 18, 1925, are hereby declared reverted to the general fund of the State of Nevada, and the state treasurer is hereby authorized, directed and empowered to transfer all such moneys to the general fund of the State of Nevada.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

Funds to revert

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 158, SB 124

[Senate Bill No. 124–Senator Fairchild]

 

Chap. 158–An Act to provide for the reversion of certain unexpended funds in the State of Nevada into the general fund of the State of Nevada.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  All moneys now remaining in that certain fund provided by that certain act of the legislature of the State of Nevada entitled “An act relating to employment agencies, requiring a license for the conducting of such agencies and providing a penalty for the failure to secure such license; prescribing rules and regulations for the conducting of employment agencies and requiring a bond to insure a compliance with the same;

 

 

 

 

 

 

 

 

 

 

Funds to revert


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

ê1927 Statutes of Nevada, Page 256 (CHAPTER 158, SB 124)ê

 

 

 

 

 

 

 

In effect

insure a compliance with the same; making it the duty of the labor commissioner to enforce the provisions of this act; fixing penalties for the violation of this act, and other matters relating thereto,” approved March 28, 1919, and all acts amendatory thereof or supplemental thereto, are hereby declared reverted to the general fund of the State of Nevada, and the state treasurer is hereby authorized, directed and empowered to transfer all such moneys to the general fund of the State of Nevada.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

 

________

CHAPTER 159, SB 131

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of commission in detail

[Senate Bill No. 131–Senator Henderson]

 

Chap. 159–An Act to amend section 7 of an act entitled “An act creating a commission to be known as the Colorado river development commission of Nevada, defining its powers and duties, and making appropriation for the expense thereof,” approved February 20, 1923.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 7.  The duties of said commission shall be to collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to present the same to the governor for his information; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation projects connected with the Colorado river or its tributaries; for the consideration of federal and state rights and procedure relating thereto; to tender the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to negotiate with the representatives of other states and the United States, in endeavoring to equitably settle and define the rights of the states and the United States in the waters of the Colorado river and its tributaries; to make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah and Wyoming, either jointly or severally, which said agreements, compacts or treaties shall not become binding upon the State of Nevada until ratified by the legislature and approved by the governor of said state; to report to the governor such measures for legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from such enterprises. Said commission is hereby empowered to receive and hold in trust for the State of Nevada all water and, or water rights, hydro-electric power and, or hydro-electric power rights and all other rights, interests or benefits in and to the waters of the Colorado river now held or by which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compact or treaty between States to which the State of Nevada may become a party; provided, that all rights of appropriation and use of water of said Colorado river belonging to the State of Nevada for the irrigation of lands, domestic use and mining within said state are hereby excepted from the provisions of this act.


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

ê1927 Statutes of Nevada, Page 257 (CHAPTER 159, SB 131)ê

 

is hereby empowered to receive and hold in trust for the State of Nevada all water and, or water rights, hydro-electric power and, or hydro-electric power rights and all other rights, interests or benefits in and to the waters of the Colorado river now held or by which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compact or treaty between States to which the State of Nevada may become a party; provided, that all rights of appropriation and use of water of said Colorado river belonging to the State of Nevada for the irrigation of lands, domestic use and mining within said state are hereby excepted from the provisions of this act.

      Said commission shall hold and administer all rights and benefits mentioned in this act for the State of Nevada, and is hereby empowered to lease, sublease, let, sublet, contract or sell the same in whole or in part on such terms as said commission shall determine; and shall collect and receive all revenues thereby created or derived therefrom which shall become due and owing to the State of Nevada under any such lease, contract, or sale; provided, that any such lease, sublease, contract or sale shall not become binding upon the State of Nevada until ratified by the legislature and approved by the governor of said state.

      Said commission shall deposit all moneys received or collected by it under the provisions of this act with the state treasurer in a fund to be called the “Colorado River Fund.” The state treasurer is hereby directed to receive and hold such funds, and he shall, on the first day of January and the first day of July of each year, transfer the money in said Colorado river fund to the general fund of the state.

      All members of said Colorado river commission shall give bond to the State of Nevada for the faithful performance of their duties in such sums as the governor shall from time to time direct. The premiums on said bonds shall be paid out of any fund appropriated for the support of said commission.

      Sec. 2.  This act shall become effective upon its passage and approval.

 

 

 

 

 

 

 

 

 

Duties of commission in detail

 

 

 

 

 

 

 

 

 

 

 

Members to give bond

 

 

 

In effect

 

________

 

 


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

ê1927 Statutes of Nevada, Page 258ê

CHAPTER 160, SB 132

 

 

 

 

 

 

 

 

 

 

 

 

Douglas County to issue highway bonds

 

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Proceeds to go into fund

 

 

 

 

 

 

 

 

 

 

 

Denomination of bonds

[Senate Bill No. 132–Senator Dressler]

 

Chap. 160–An Act to authorize the board of county commissioners of Douglas County to issue bonds to provide funds to aid in improving and constructing the state highway system in the county of Douglas, and other matters properly connected therewith.

 

[Approved March 25, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways in the State of Nevada in constructing and improving the state highway system in Douglas County, Nevada, the board of county commissioners of Douglas County is hereby authorized and empowered to issue bonds in the name of and for Douglas County in the sum of thirty-five thousand dollars ($35,000), or so much thereof as may be necessary for the purpose hereinbefore specified. Said bonds shall be known as “Douglas County-State Highway Bonds,” and the proceeds from the sale of said bonds shall be used only in aiding the construction and improvement of the state highway system lying within Douglas County.

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

      Sec. 3.  The said bonds may be issued on the same or different dates in the discretion of the board of commissioners of Douglas County. The bonds shall be numbered consecutively. The said board of county commissioners is authorized to issue and to negotiate the sale of said bonds from time to time as the said board may deem necessary, to the highest responsible bidders, for cash, at a price not less than their par value, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “The County-State 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 Douglas County in payment of obligations contracted under the provisions of this act and on demand made and certified by the department of highways of the State of Nevada.

      Sec. 4.  The said bonds shall be of the denomination of one thousand dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of January and the first day of July of each year after the issuance of said bonds until paid in full.


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

ê1927 Statutes of Nevada, Page 259 (CHAPTER 160, SB 132)ê

 

per centum per annum, said interest payable semiannually on the first day of January and the first day of July of each year after the issuance of said bonds until paid in full. The board of commissioners of Douglas County shall fix the various maturities of the bonds issued; provided, however, that said bonds and each of them shall mature and be redeemed at a time not later than ten years from the date of issue. Said bonds shall be redeemed and paid according to the terms and maturities until the whole amount of said bonds so issued, together with interest thereon, shall have been redeemed and paid.

      Sec. 5.  To provide for the payment of the principal and interest on said bonds as the same may become due and payable it is hereby provided and authorized that sufficient moneys as collected by and under the provisions of section 11 of that certain act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended or as it may be hereafter amended or supplemented, and also all funds from any source which may be paid into and become a part of the “The County-State Highway Fund,” as referred to in this act, shall be semiannually, on the first day of January, and on the first day of July, of each year, transferred from the “The County-State Highway Fund,” of Douglas County, into a fund to be known as the “Douglas County-State Highway Interest and Redemption Fund,” and the county auditor and county treasurer of Douglas County are, and each of said officers is, hereby authorized and directed to make said transfers 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 “Douglas County-State Highway Interest and Redemption Fund,” in the manner as in this act provided; provided, however, that should section 11 of that certain act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended or as it may be supplemented, or hereafter amended, be at any time after the passage and approval of this act, repealed or made inoperative, or the moneys in said county-state highway fund of Douglas County should become insufficient for the payment of said bonds and interest thereon as it may become due, then, and in that event, to provide for the payment of the principal and interest on said bonds, as the same may become due and payable, the board of county commissioners of Douglas County, Nevada, is hereby authorized and empowered to levy a tax on all property in Douglas County, both real and personal, including the net proceeds of mines, sufficient to meet the principal and interest due and payable each year. The tax so collected shall be placed in the “Douglas County-State Highway Interest and Redemption Fund.”

 

 

 

 

Redemption of bonds

 

 

 

 

Provisions of general highway law to apply

 

 

 

 

 

 

 

 

 

 

 

 

Tax to be levied, when


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

ê1927 Statutes of Nevada, Page 260 (CHAPTER 160, SB 132)ê

 

 

 

 

Any balance to revert

 

 

Bonds to be issued prior to certain date

 

 

Legality not open to contest

 

Faith of Nevada pledged

 

In effect

No interest shall be allowed or paid on any of said bonds after they have become due and payable.

      Sec. 6.  Any balance remaining in any fund hereby created and provided for, after the accomplishment of the said purposes, shall be converted and transferred into and become a part of the “The County-State Highway Fund” of Douglas County.

      Sec. 7.  The bonds provided for in this act shall be issued on or before December 31, 1930, and the board of county commissioners of Douglas County shall have no authority whatsoever under and by virtue of this act to issue any bonds after the date of December 31, 1930.

      Sec. 8.  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. 9.  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 of the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

      Sec. 10.  This act shall be in full force and effect on and after its passage and approval.

 

________

 

CHAPTER 161, AB 212

 

 

 

 

 

 

 

 

 

 

 

 

Mineral County to issue highway bonds

[Assembly Bill No. 212–Mr. Hamlin]

 

Chap. 161–An Act to authorize the board of county commissioners of Mineral County to issue bonds to provide funds to aid in improving and constructing the state highway system in the county of Mineral, and other matters properly connected therewith.

 

[Approved March 26, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada in constructing and improving the state highway system in Mineral County, Nevada, the board of county commissioners of Mineral County is hereby authorized and empowered to issue bonds in the name of and for Mineral County, in the sum of thirty thousand dollars ($30,000), or so much thereof as may be necessary for the purpose hereinbefore specified. Said bonds shall be known as “Mineral County-State Highway Bonds,” and the proceeds from the sale of said bonds shall be used only in aiding the construction and improvement of the state highway system lying within Mineral County.

      Sec. 2.  The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by the official seal of said county.


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

ê1927 Statutes of Nevada, Page 261 (CHAPTER 161, AB 212)ê

 

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

      Sec. 3.  The said bonds may be issued on the same or different dates in the discretion of the board of commissioners of Mineral County. The bonds shall be numbered consecutively. The said board of county commissioners is authorized to issue and to negotiate the sale of said bonds from time to time as the said board may deem necessary, to the highest responsible bidders, for cash, at a price not less than their par value, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as “The County-State 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 Mineral County in payment of obligations contracted under the provisions of this act and on demand made and certified by the department of highways of the State of Nevada.

      Sec. 4.  The said bonds shall be of the denomination of five hundred dollars each; they shall be numbered consecutively, and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of January and the first day of July of each year after the issuance of said bonds until paid in full. The board of commissioners of Mineral County shall fix the various maturities of the bonds issued; provided, however, that not less than six of said bonds shall mature and be redeemed annually commencing on the first day of January following the date of issuance thereof. Said bonds shall be redeemed and paid according to the terms and maturities until the whole amount of said bonds so issued, together with interest thereon, shall have been redeemed and paid.

      Sec. 5.  To provide for the payment of the principal and interest on said bonds as the same may become due and payable it is hereby provided and authorized that sufficient moneys as collected by, and under the provisions of section 11 of that certain act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended or as it may be hereafter amended or supplemented, and also all funds from any source which may be paid into and become a part of the “The County-State Highway Fund,” as referred to in this act, shall be semiannually, on the first day of January and on the first day of July of each year, transferred from the “The County-State Highway Fund,” of Mineral County, into a fund to be known as the “Mineral County-State Highway Interest and Redemption Fund,”

County commissioners to prepare bonds

 

 

 

 

Proceeds to go into fund

 

 

 

 

 

 

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

Redemption of bonds

 

 

 

Provisions of general highway law to apply


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

ê1927 Statutes of Nevada, Page 262 (CHAPTER 161, AB 212)ê

 

 

 

 

 

 

Tax to be levied, when

 

 

 

 

 

 

 

 

 

 

 

 

 

Any balance to revert

 

 

Bonds to be issued prior to certain date

 

 

Legality not open to contest

 

Faith of Nevada pledged

 

 

In effect

as the “Mineral County-State Highway Interest and Redemption Fund,” and the county auditor and county treasurer of Mineral County, are, and each of said officers is, hereby authorized and directed to make said transfers 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 “Mineral County-State Highway Interest and Redemption Fund,” in the manner as in this act provided; provided, however, that should section 11 of that certain act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended or as it may be supplemented, or hereafter amended, be at any time after the passage and approval of this act repealed or made inoperative, or the moneys in said county state highway fund of Mineral County should become insufficient for the payment of said bonds and interest thereon as it may become due, then, and in that event, to provide for the payment of the principal and interest on said bonds, as the same may become due and payable, the board of county commissioners of Mineral County, Nevada, is hereby authorized and empowered to levy a tax on all property in Mineral County, both real and personal, including the net proceeds of mines, sufficient to meet the principal and interest due and payable each year. The tax so collected shall be placed in the “Mineral County-State Highway Interest and Redemption Fund.” No interest shall be allowed or paid on any of said bonds after they have become due and payable.

      Sec. 6.  Any balance remaining in any fund hereby created and provided for, after the accomplishment of the said purposes shall be converted and transferred into and become a part of the “The County-State Highway Fund,” of Mineral County.

      Sec. 7.  The bonds provided for in this act shall be issued on or before December 31, 1930, and the board of county commissioners of Mineral County shall have no authority whatsoever, under and by virtue of this act, to issue any bonds after the date of December 31, 1930.

      Sec. 8.  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. 9.  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 of the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

      Sec. 10.  This act shall be in full force and effect on and after its passage and approval.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 263ê

CHAPTER 162, AB 213

[Assembly Bill No. 213–Committee on Ways and Means]

 

Chap. 162–An Act to amend sections 3, 19, 27, 32, 33, 34, 35, 36, 39, 42, 43, 44, 45, 47, 49, 51, 52, 53, 95, 96, and 97, and to repeal sections 48 and 65, of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being section 3619, Revised Laws, 1912, is hereby amended to read as follows:

      Section 3.  Every tax levied under the provisions or authority of this act shall be a perpetual lien against the property assessed until such taxes and any penalty charges and interest which may accrue thereon shall be paid. The lien shall attach on the day on which the taxes are levied in each year, upon all property then within the county, and upon all other property on the day it is moved into the said county. If real and personal property are assessed against the same owner, a lien shall attach upon such real property also for the tax levied upon said personal property within the same county; provided, that a lien shall also attach for taxes on personal property, upon real property assessed against the same owner in any other county of the state, from the date on which a certified copy of any unpaid personal property assessment is filed for record with the county recorder of the county in which such real property is situate.

      Sec. 2.  Section 19 of the above-entitled act, being section 3635, Revised Laws of 1912, is hereby amended to read as follows:

      Section 19.  On or before the third Monday of July in each year the assessor shall complete his tax list or assessment roll, and he or his deputy, as the case may be, shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and that he has assessed it on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at its full cash value; but the failure to take or subscribe to such affidavit shall not in any manner affect the validity of any assessment contained in said assessment roll.

      Sec. 3.  Section 27 of the above-entitled act, being section 3641, Revised Laws of 1912, is hereby amended to read as follows:

      Section 27.  The county auditor, as soon as all changes have been certified to him by the secretary of the Nevada tax commission, shall enter all such changes on the assessment roll, add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll, together with the taxes thereon, and he shall, on or before the first Monday in November of each year, deliver the same to the ex officio tax receiver, with his certificate attached, together with the maps or plat book.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax levies a lien on all property

 

 

 

 

 

 

 

 

 

 

 

Completion of assessment roll; affidavit


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

ê1927 Statutes of Nevada, Page 264 (CHAPTER 162, AB 213)ê

 

Auditor to add up tax roll

 

 

 

 

 

 

Notice to taxpayers

 

 

 

 

 

 

 

 

 

 

 

Duties of tax receiver when taxes paid

have been certified to him by the secretary of the Nevada tax commission, shall enter all such changes on the assessment roll, add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll, together with the taxes thereon, and he shall, on or before the first Monday in November of each year, deliver the same to the ex officio tax receiver, with his certificate attached, together with the maps or plat book.

      Sec. 4.  Section 32 of the above-entitled act, being section 3644, Revised Laws of 1912, is hereby amended to read as follows:

      Section 32.  Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published, then by posting notices in three public and conspicuous places in the county, that taxes will be delinquent on the first Monday in December, and if any person charged with taxes which are a lien on real estate, according to law, shall fail to pay one-half of said taxes prior thereto, then the entire tax shall become due and a penalty of fifteen (15%) per cent will be added to the amount thereof; and the tax receiver shall forward to each taxpayer, if his address is known, an itemized statement of all taxes due from him.

      Sec. 5.  Section 33 of the above-entitled act, being section 3645, Revised Laws of 1912, is hereby amended to read as follows:

      Section 33.  Whenever any tax is paid to the ex officio tax receiver, he shall mark the word “paid” and the date of payment in the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall give a receipt therefor, specifying the amount of the assessment and the amount of the tax and a description of the property assessed. The taxpayer shall have the right to pay the taxes upon any subdivision thereof entered upon the assessment roll without paying upon the whole; provided, that he has furnished the assessor with a statement, under oath, of all his real estate, as provided in section 8 of this act, giving therein a full description of all his lands by legal subdivisions, together with a classification thereof by legal subdivisions into cultivated lands, meadow lands, wild-hay land, pasture land, grazing, and barren land, or such other classification as shall be lawfully required by the Nevada tax commission; and provided further, that an owner of undivided real estate may always pay the portion of taxes due on his interest therein.

      Sec. 6.  Section 34 of the above-entitled act, being section 3646, Revised Laws of 1912, is hereby amended to read as follows:


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

ê1927 Statutes of Nevada, Page 265 (CHAPTER 162, AB 213)ê

 

      Section 34.  On the first Monday in December the ex officio tax receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all property therein assessed, the taxes upon which have not been paid, and shall mark the word “delinquent” on the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall immediately ascertain the total amount of taxes then delinquent, and prepare a list which shall specify and give:

      First-Roll number, page or reference;

      Second-Name of owner, if known;

      Third-Amount of taxes due, and penalty;

and shall file a copy of same, verified by oath of himself or deputy, in the office of the county auditor.

      A penalty of three per cent per month shall be added and collected by the tax receiver on all such delinquent property from the date of delinquency until paid, or if still unpaid on the first Monday in June next succeeding, such penalty of three (3%) per cent per month shall be added to the original tax, together with a penalty of fifteen (15%) per cent, hereinbefore provided, and the same shall become a lien on the property so assessed; and the tax receiver shall immediately prepare a delinquent list in the manner above provided for delinquent lists for the first installment, verified by the oath of himself or deputy, together with any property that may become delinquent on account of the failure to pay the second installment of taxes, and shall file the same in the office of the county auditor on or before the second Monday in June, specifying therein the cases in which the taxes shall be collected by suit. The second installment of all taxes for the preceding year which remain due and unpaid on the first Monday in June following shall be subject to, and there shall be added thereto, like penalties hereinbefore provided for delinquencies upon the first installment.

      Sec. 7.  Section 35 of the above-entitled act, being section 3647, Revised Laws of 1912, is hereby amended to read as follows:

      Section 35.  The county treasurer shall, on or before the fifth day in each month, apportion all the money that shall have come into his hands, as ex officio tax receiver, during the preceding month into the several funds, as provided by law, and shall make out a statement of the same, under oath, and transmit said statement to the auditor, to be by him filed in his office.

      Sec. 8.  Section 36 of the above-entitled act, being section 3648, Revised Laws of 1912, is hereby amended to read as follows:

      Section 36.  On the first Monday in August of each year, the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll, and the auditor shall then and there administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll on which taxes have been paid to him has the word “paid” marked opposite the name of such person, or the description of such property, that each person and all property assessed in said roll on which taxes have been “stricken” by the order of the board of county commissioners has such word marked opposite the taxes so stricken, and that all property that has been sold for taxes has the words “advertised and sold” marked opposite the same.

Taxes delinquent, when

 

 

 

 

 

 

 

 

 

 

 

Penalty

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Money, how apportioned


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

ê1927 Statutes of Nevada, Page 266 (CHAPTER 162, AB 213)ê

 

Assessment roll; duties of auditor

 

 

 

 

 

 

 

 

 

 

 

Delinquent property advertised

 

 

 

 

 

 

 

 

 

 

 

Cost of publication

 

 

 

What notice to specify

county auditor with the assessment roll, and the auditor shall then and there administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, to the effect that each person and all property assessed in said roll on which taxes have been paid to him has the word “paid” marked opposite the name of such person, or the description of such property, that each person and all property assessed in said roll on which taxes have been “stricken” by the order of the board of county commissioners has such word marked opposite the taxes so stricken, and that all property that has been sold for taxes has the words “advertised and sold” marked opposite the same. The auditor shall then foot up the amount of taxes remaining unpaid, if any, and shall make a final settlement with the ex officio tax receiver of all taxes charged against him on account of said assessment roll.

      Sec. 9.  Section 39 of the above-entitled act, being section 3651, Revised Laws of 1912, is hereby amended to read as follows:

      Section 39.  Immediately after the second Monday in June of each year, the county treasurer and ex officio tax receiver shall advertise the property upon which delinquent taxes are a lien for sale, such sale to be made at the front door of the courthouse on the third Monday in June next succeeding; provided, however, that the county treasurer and ex officio tax receiver may, in his discretion, omit from such notice of sale and sale any case wherein the delinquent taxes, exclusive of poll taxes and penalties, exceed the sum of three hundred ($300) dollars, and the taxes in said cases so omitted from the notice of sale and sale shall be collected by suit, as hereinafter provided. Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county; and provided further, that the cost of such publication shall not exceed three ($3) dollars for each or any case of delinquency; provided, that in all cases where the delinquent property consists of unimproved real estate assessed at not to exceed twenty-five dollars, the publication required by this section shall be given by the auditor posting a copy of such delinquency in at least five conspicuous places within the county. Such notice shall be posted or published at least twenty-five days prior to the date of sale, and shall specify and give:

      First-The name of the owner, if known.

      Second-The description of the property on which such taxes are a lien and which will be sold for the payment thereof.


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

ê1927 Statutes of Nevada, Page 267 (CHAPTER 162, AB 213)ê

 

      Third-The amount of the taxes due from him, and the penalties and costs as provided by law.

      Fourth-That said property will be sold for all of said taxes, penalties, and costs, specifying the time and place of said sale, and that such sale is subject to redemption within one year after the date of sale by payment of said taxes, penalties, and costs, together with three (3%) per cent per month thereon from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. Bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalties and costs.

      Sec. 10.  Section 42 of the above-entitled act, being section 3654, Revised Laws of 1912, is hereby amended to read as follows:

      Section 42.  At any time after the second Monday in December and before the institution of suit, as in this act provided, and before the sale of the property, any delinquent taxpayer may pay to the ex officio tax receiver the taxes assessed against said delinquent, together with the penalties and costs provided by law, taking from the ex officio tax receiver duplicate receipts for the amount paid, one of which shall be filed with the county auditor and the other, in cases where suit has been required, shall be filed with the district attorney of the county.

      Sec. 11.  Section 43 of said act, being section 3655, Revised Laws of 1912, is hereby amended to read as follows:

      Section 43.  After having been served by any person with the duplicate tax receipt of the ex officio tax receiver for the total amount of the taxes, penalties, and costs due from such person or upon a piece of property, the district attorney shall not commence the suit authorized by this act against such person or property; provided, that if any person shall fail to serve said receipt, said person shall pay all costs that may result from his or her negligence.

      Sec. 12.  Section 44 of said act, being section 3656, Revised Laws of 1912, is hereby amended to read as follows:

      Section 44.  The additional penalties and costs hereinbefore or hereinafter provided for shall be paid into the county general fund for the use of the county.

      Sec. 13.  Section 45 of the above-entitled act, being section 3657, Revised Laws of 1912, is hereby amended to read as follows:

      Section 45.  The auditor shall, within three days after receiving the delinquent list in June each year, make out and deliver to the district attorney of his county, a list duly certified to by him of all delinquencies to be collected by suit, charging him therewith, and shall at the same time give notice by publication in some newspaper in the county, if there be any, and if not, then by posting notices in three public places in the county, that the said list has been deposited with the district attorney, and that unless the delinquent taxes therein specified, together with penalties and costs, are paid to the treasurer, as ex officio tax receiver, within twenty days from the publication or posting of such notices, action will be commenced by the district attorney for the collection of said taxes, penalties, and costs.

 

 

 

 

 

 

 

 

 

 

 

 

Delinquents may pay, when

 

 

 

 

 

 

 

District attorney not to begin suit, when

 

 

 

 

 

 

Disposal of penalty

 

 

 

Duties of auditor upon receipt of delinquent list


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

ê1927 Statutes of Nevada, Page 268 (CHAPTER 162, AB 213)ê

 

 

 

 

 

 

 

 

 

 

Suit for delinquent taxes

 

 

 

 

 

 

Jurisdiction of court

 

 

 

 

 

 

 

Form of complaint

public places in the county, that the said list has been deposited with the district attorney, and that unless the delinquent taxes therein specified, together with penalties and costs, are paid to the treasurer, as ex officio tax receiver, within twenty days from the publication or posting of such notices, action will be commenced by the district attorney for the collection of said taxes, penalties, and costs. The auditor shall make or procure and file with the district attorney an affidavit stating contents of said notice and the manner and time of such publication or posting as required by this section.

      Sec. 14.  Section 47 of said act, being section 3659, Revised Laws of 1912, is hereby amended to read as follows:

      Section 47.  The district or prosecuting attorneys of the several counties of this state are hereby authorized and directed, immediately after the time specified in section 45 of this act, to commence action in the name of the State of Nevada against the person or persons so delinquent, and against the real estate and improvements assessed so delinquent, and against all owners, known or unknown, to recover such delinquent taxes in all cases where suit is required. Such actions may be commenced in the county where the assessment is made, before any court in said county having jurisdiction in the amount thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes, exclusive of poll taxes and penalties sued for, without regard to the location of the lands or other property as to townships, cities, or districts, and without regard to the residence of the person or persons, or owner or owners, known or unknown.

      Sec. 15.  Section 49 of said act, being section 3661, Revised Laws of 1912, is hereby amended to read as follows:

      Section 49.  The complaint in said action may be as follows in form:

State of Nevada, County of …………….. (Title of court).

      The State of Nevada vs. A. B. & Co., and the real estate and improvements in (describing them). The State of Nevada, by C. D., district attorney of the county of ………………….., complains of A. B. and also the real estate and improvements (describing them with the same particularity as in actions of ejectment, or actions for the recovery of personal property), and for cause of action says that between the first day in January and the second Monday in July, A. D. one thousand nine hundred and …….., in the county of ……………….., in the State of Nevada, E. T., then and there being county assessor of said county, did duly assess and put down on an assessment roll all the real and personal property in said county subject to taxation, and that said assessment roll was afterward submitted to the board of equalization of said county, and was by said board duly equalized as provided by law;


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ê1927 Statutes of Nevada, Page 269 (CHAPTER 162, AB 213)ê

 

equalized as provided by law; that said A. B. was then and there the owner of, and that there was duly assessed to him the above-described real estate, improvements upon real estate and certain personal property, and that upon such property there has been duly levied for the fiscal year A. D. nineteen hundred and ………. a state tax of ……. dollars, and a county tax of …….. dollars, amounting in the whole to …….. dollars, all of which is due and unpaid; of which amount …….. dollars was duly assessed and levied against the real estate, and ………. dollars against the improvements aforesaid, and ………. dollars against the personal property.

      Wherefore, the plaintiff prays judgment against A. B. for the sum of …….. dollars (the whole of said tax) and all penalties and costs, and a separate judgment against said real estate and improvements, for the sum of ………. dollars (the tax due on real estate, improvements, and personal property) and all penalties and costs, as provided by law for the nonpayment thereof at the time, as required by law, and for such other judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and of this action.

                                                               C. D., district attorney, county of …………....………

 

      Sec. 16.  Section 51 of said act, being section 3663, Revised Laws of 1912, is hereby amended to read as follows:

      Section 51.  Upon a complaint in a district court, a summons shall be issued as provided in other civil cases, except that it shall require the defendant and all owners of or claimants to any real estate or improvements described in the summons, known or unknown to appear and answer the complaint filed in said court on a day certain, which day shall not be less than thirty nor more than forty days from the date of the summons. The summons so issued shall be served by the sheriff, as follows:

      First-As to the personal defendant, by delivering to and leaving with him a copy of the summons if found within the county. If the personal defendant cannot, after diligent search, be found within the county, then service may be made upon such personal defendant by publishing a notice, substantially in the form hereinafter prescribed, in some newspaper published in the county, if there be one, once each week for three successive weeks; and in case no newspaper is published in the county, or in case a newspaper is published in the county, and, from any cause whatever, the proprietor, manager, or chief clerk of such newspaper refuse to publish the same (such facts to be shown by affidavit of the officer serving said summons), then the notice hereinafter prescribed may be posted at the courthouse door of the county in which the said suit is commenced, for twenty-one days, and no order of court shall be necessary for such publication or posting, but it shall be the duty of the sheriff to publish or post said notice as herein provided, when the personal defendant cannot be found within the county, and to return the manner of service on the summons.

Form of complaint

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summons to issue

 

 

 

 

 

Summons, how served


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

ê1927 Statutes of Nevada, Page 270 (CHAPTER 162, AB 213)ê

 

Summons, how served

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Default, when

 

 

 

 

 

 

 

 

 

 

Notice to delinquents, form of

publish or post said notice as herein provided, when the personal defendant cannot be found within the county, and to return the manner of service on the summons.

      Second-As to real estate and improvements thereon, or improvements when assessed to a person other than the owner of the real estate, and as to all owners of or claimants to the same, known or unknown, service of the summons may be made by posting a copy of the summons in some public place on the real estate, or improvements, when assessed separately, for twenty-one days, and also by publishing or posting a notice in the same manner and for the same time as required in cases where the personal defendant cannot be found in the county. The last publication of the notice, and the last day of the twenty-one days which the copy of the summons is required to be posted, shall expire at least ten days before the return day named in the summons. No other or further service shall be required, and the return of the officer, showing a service of the summons as herein required, shall be conclusive evidence of the due service of the summons upon the defendant named, the real estate and improvements thereon, when assessed separately, and upon all owners of and claimants to the same, known or unknown. If, on the return day named in the summons, the personal defendant fail to appear and answer the complaint, his default may be entered and final judgment entered by the clerk, as in other civil cases, for the amount of taxes with penalties and costs, as provided by law; and if, upon the return day, no person appear and answer for the real estate and improvements thereon, or for the improvements when assessed separately, then the default of the said real estate and improvements thereon, or of the improvements, when assessed separately, and of all owners of or claimants to the same, known or unknown, may be entered, and final judgment rendered as in other civil cases. The notice required to be published or posted shall be substantially in the following form, and may include any number of cases in which the return day of the summons shall be the same:

 

      State of Nevada, County of ……………; district attorney’s office.

      Notice of Suits Commenced-To the following named defendants, and to all owners of, or claimants to the real estate and improvements, when assessed separately, hereinafter described, known or unknown. You are hereby notified that suits have been commenced in (name of court, where held, etc.) by the State of Nevada, plaintiff, against each of the defendants hereinafter named, and each of the following described tracts or parcels of land with the improvements thereon, and improvements when separately assessed, and all owners of, or claimants to the same, known or unknown, to recover the tax and delinquency assessed to said defendant against said property, for the fiscal year commencing


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ê1927 Statutes of Nevada, Page 271 (CHAPTER 162, AB 213)ê

 

commencing ………., and ending ………., and that a summons has been duly issued in each case; and you are further notified that unless you appear and answer the complaint filed in said cause, on or before the ………. day of ………., 19….., judgment will be taken against you and the real estate and improvements herein described, for the amount of tax and delinquency specified, and cost of suit. Tax and delinquency A. B. (describe real estate and improvements as in summons) $ ………. C. D., personal property, assessed at $..........

                                                                  C. D., district attorney, ………………… County.

      It shall be the duty of the district attorney to file in the office of the county recorder a copy of each notice, published or posted, with the affidavit of the publisher or foreman in the office setting forth the date of each publication of the notice, the paper in which the same was published; and the officers shall file a copy of the notices posted, with an affidavit of the time and place of posting, which copies so filed as aforesaid, or certified copies thereof, shall be prima-facie evidence of all the facts therein contained, or contained in the affidavit, in all courts in this state. The publishers shall be entitled to two ($2) dollars for each case for publishing said notice, including the making of the affidavit. The recorder shall be entitled to fifty ($0.50) cents for filing each notice of publication, including affidavit; and said sums so allowed shall be taxed and collected as other costs in the case, from the defendant, and in no case shall they be a charge against or collected from the county or state.

      Sec. 17.  Section 52 of the above-entitled act, being section 3664, Revised Laws of 1912, is hereby amended to read as follows:

      Section 52.  The defendant may answer, which answer shall be verified:

      First-That the taxes and penalties have been paid before suit.

      Second-That the taxes with penalties and costs have been paid since suit, or that such property is exempt from taxation under the provisions of section 5 of this act.

      Third-Denying all claim, title, or interest in the property assessed, at the time of the assessment.

      Fourth-That the land is situate in, and has been duly assessed in another county, and the taxes thereon paid.

      Fifth-Fraud in the assessment, or that the assessment is out of proportion to and above the actual cash value of the property assessed; provided, however, that in such last-mentioned case, where the defense is based upon the ground that the assessment is above the actual cash value of the property, the defense shall only be effectual as to the proportion of the tax based upon such excess of valuation; but in no case shall an entire assessment be declared void.

      Sec. 18.  Section 52 of the above-entitled act, being section 3665, Revised Laws of 1912, is hereby amended to read as follows:

 

 

 

 

 

 

 

 

 

Copy of notice to be filed

 

 

 

 

 

 

 

 

 

 

 

 

Answer of defendant


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

ê1927 Statutes of Nevada, Page 272 (CHAPTER 162, AB 213)ê

 

 

Character of judgment, how entered

 

 

 

 

 

 

 

 

 

 

 

 

 

Taxes for personal property lien on real property

3665, Revised Laws of 1912, is hereby amended to read as follows:

      Section 53.  In case judgment is rendered for the defendant, it shall be general, without costs, and may be entered in favor of some one or more of them, and against others, as in other civil cases; but when defendants have no claim or title to the property at the time of assessment, judgment may, notwithstanding, be entered against the property by continuing the suit, and summoning the owner, known or unknown, as provided in section 51 of this act. In case judgment is rendered for plaintiff, it may be entered against such defendant or defendants as are found liable for the tax, and for such portions as he or they may be found liable for. Judgment may be entered against the real estate, improvements, and personal property for the taxes, penalties and costs severally due thereon; and when it appears from the assessment roll, and is not disproved at the trial, that the real estate, improvements, and personal property belonged to the same person or persons at the time the assessments were made, then the whole tax of such person or persons for that year may be recovered out of any of such real estate, improvements, or personal property, or out of any other property of the defendant or defendants, at the time of levy under execution; provided, that upon such real estate and improvements assessed, a lien shall attach thereon for the taxes and penalties due upon the personal property, and shall not be released from such lien until all taxes, penalties and costs are paid, as provided in section 3 of this act. Such judgment shall be a lien as aforesaid, as in other civil cases where judgments are rendered in the district court. Such lien shall not be extinguished until the delinquent tax, penalties and costs of suit and sale shall have been paid. The clerk of the district court may issue execution upon judgments rendered in his court as in other civil cases. Judgment may be rendered by default, for want of an answer, as in other civil cases. In case any person shall be sued for taxes on any lands or improvements, of which he was the owner, or in which he had a claim or interest at the time of the institution of suit, and shall be discharged from personal liability, under an answer in conformity with the third subdivision of section 52 of this act, and such lands or improvements shall be sold under a judgment obtained against it, and shall thereafter be redeemed by such discharged defendant, or if he shall pay the taxes and costs to prevent a sale, then such personally discharged defendant shall have, and is hereby given, the right of recovery over against the owner at the time of the assessment, or any subsequent purchaser, for the full sum of all taxes, penalties and costs, or redemption money paid. And in every case of such recovery, the judgment shall, in addition to the taxes, penalties and costs, or in addition to the redemption money paid, include twenty-five per centum (25%) of the amount of taxes and costs of redemption money as liquidated damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima-facie evidence of the debt and of its amount.


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ê1927 Statutes of Nevada, Page 273 (CHAPTER 162, AB 213)ê

 

paid, include twenty-five per centum (25%) of the amount of taxes and costs of redemption money as liquidated damages; and the receipt of the district attorney for taxes, penalties and costs, or of the ex officio tax receiver, for the redemption money, shall be prima-facie evidence of the debt and of its amount.

      Sec. 19.  Section 95 of said act, being section 3707, Revised Laws of 1912, is hereby amended to read as follows:

      Section 95.  The district attorneys of the several counties of this state are hereby authorized and directed, immediately on receiving the delinquent list from the auditor, as provided in the preceding section, to commence action in the name of the State of Nevada against the person, firm, corporation, company or association so delinquent, and against the mines or mining claims from which the gold and silver-bearing ores, quartz or minerals, or other taxable products were extracted and assessed, so delinquent. Such action may be commenced in the county where such assessment is made, before any justice of the peace or court in said county having jurisdiction thereof, and such jurisdiction shall be determined solely by the amount of delinquent taxes sued for, not regarding the location of the mine or mining claim as to township, nor the residence of the person, firm, corporation, company or association, as to town, township, county or state. Fifteen per cent (15%) additional and three per cent (3%) per month from date of delinquency till paid, by way of penalty, shall be collected on all delinquent taxes.

      Sec. 20.  Section 96 of said act, being section 3708, Revised Laws of 1912, is hereby amended to read as follows:

      Section 96.  The complaint in said action may be as follows:

 

State of Nevada, County of …………… (title of court).

      The State of Nevada vs. A. B. & Co., the possessory claim to the mine or mining claim (describing it). The State of Nevada, by C. D., district or prosecuting attorney of the county of ……………, complains of A. B., and also the following mine or mining claim (describing the mine or mining claim with the same particularity as in actions of ejectment), and for cause of action says: That between the first Monday in ………. (here insert the time in which the assessor is directed to make the assessment for the quarter for which the taxes are delinquent), in the county of ……………, in the State of Nevada, E. F., then and there being county assessor of said county, did duly assess and set down on an assessment roll for the quarter-year commencing the first day of ………., and ending the ….. day of ………, …………. tons of gold and silver-bearing ore, quartz or mineral, or other taxable product, extracted from the mine or mining claim designated and described in this complaint; said ore, quartz or mineral was assessed at ……… dollars per ton from the sworn (or affirmed) statement furnished by ……………, his (or their, as the case may be) agent (or superintendent),

 

 

 

 

 

 

District attorneys to begin suits, when and where

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of complaint


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ê1927 Statutes of Nevada, Page 274 (CHAPTER 162, AB 213)ê

 

Form of complaint

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What may be set up in answer

 

 

 

 

Sections repealed

by ……………, his (or their, as the case may be) agent (or superintendent), to the assessor (or in case no statement was furnished the assessor, then the assessed value may be stated from the best source of information within the assessor’s reach); that said A. B. was then and there the owner of said possessory mine or mining claim, and did extract therefrom the gold and silver-bearing ore, quartz or mineral, or other taxable product assessed, and upon which the taxes are now delinquent and unpaid; and that said ore, quartz or mineral or other taxable product, was duly assessed to him, and upon it there has been duly levied, by the operation of the law taxing the proceeds of the mines, for the quarter commencing the first day of …………., in the year of our Lord one thousand nine hundred and ……., a state tax of ………. dollars, and a county tax of ………. dollars, amounting in the whole to ………. dollars, all of which was duly assessed and levied against the proceeds of the mines or mining claim as aforesaid. Wherefore, plaintiff prays judgment against said A. B. for the sum of ……… dollars, and a separate judgment against said possessory mine or mining claim for the sum of ………. dollars, the whole of said tax on the proceeds of the possessory mine or mining claim, herein described, per quarter-year delinquent, and for such damages as are provided for by law, and for such further judgment as to justice belongs, and for all costs subsequent to the assessment of said taxes, and the commencement of this action.

C. D., district or prosecuting attorney, county of …………….

 

      Sec. 21.  Section 97 of said act, being section 3709, Revised Laws of 1912, is hereby amended to read as follows:

      Section 97.  So far as they are applicable, and not otherwise expressly provided in this act, the answer to the complaint as provided in the preceding section, the means and manner of serving papers, fees of officers serving papers, and in all other matters concerning the collection of delinquent taxes on the proceeds of the mines, the laws for the collection of taxes on real estate and personal property, as provided in this act, shall apply.

      Sec. 22.  Sections 48 and 65 of the above-entitled act, being sections 3660 and 3677, Revised Laws of 1912, are hereby repealed.

 

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ê1927 Statutes of Nevada, Page 275ê

CHAPTER 163, AB 187

[Assembly Bill No. 187–Mr. Edwards]

 

Chap. 163–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended March 12, 1913, as amended March 22, 1921, as amended March 21, 1923, as amended March 18, 1925, as amended March 21, 1925.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

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

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

      1.  To prescribe and cause to be enforced the courses of study for the public schools, such courses to contain in the seventh and eighth grades, among other things, business forms and elementary bookkeeping or some features of industrial work; and in the high school grades, provision for full commercial work and industrial work suitable for boys and girls; provided, that schools of the first-class may have modified courses of study, subject to the approval of the state board of education.

      2.  To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first-class may make additional adoptions; and provided further, that such books shall not contain or include stories in prose and poetry whose tendency would be to influence the minds of children in the formation of ideals not in harmony with truth and morality.

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

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

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

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

      7.  To publish as the official organ of the department of education, a bulletin, which bulletin shall be printed in the state printing office. The superintendent of public instruction shall mail one copy of every number of such bulletin to the clerk of every school district in the state, one copy to every teacher in the state, and copies to such others as he may deem proper.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of board


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ê1927 Statutes of Nevada, Page 276 (CHAPTER 163, AB 187)ê

 

Powers and duties of board

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of superintendent of public instruction

every teacher in the state, and copies to such others as he may deem proper. The county auditor of every county, before notifying the superintendent of public instruction of the county fund to be apportioned in the July apportionment, shall set aside an amount equal to one dollar for each and every school district of the county, and this fund shall be known as the school bulletin fund. The amount certified to the superintendent of public instruction for apportionment shall not include the school bulletin fund so set aside. The superintendent of public instruction shall draw his orders annually in favor of such school bulletin fund for an amount equal to one dollar for each and every school district in each county to which the school bulletin has been sent in accordance with this section, to be paid out of the school bulletin fund, and the county auditor shall immediately draw his warrant in favor of such bulletin for an amount equal to that named in aforesaid order, to be paid out of the school bulletin fund.

      Sec. 2.  Section 6 of the above-entitled act is hereby amended so as to read as follows:

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

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

      2.  To apportion the state distributive school fund.

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

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


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ê1927 Statutes of Nevada, Page 277 (CHAPTER 163, AB 187)ê

 

in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public school moneys apportioned to each county; the amount of money raised by county taxation, district tax, subscription or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building schoolhouses; a statement of plans for the management and improvement of public schools, and such other information relative to the educational interests of the state as he may think of importance.

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

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

Powers and duties of superintendent of public instruction


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

ê1927 Statutes of Nevada, Page 278 (CHAPTER 163, AB 187)ê

 

Powers and duties of superintendent of public instruction

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deputy superintendents of public instruction

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

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

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

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

      11.  To require a written report from each deputy superintendent on the first day of October, the first day of January, and the first day of April, and the first day of July of each school year. Such reports shall contain any information or facts that the superintendent of public instruction may require.

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

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

      Sec. 3.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  The state board of education shall on or before the first Monday in May, 1911, and each fourth year thereafter, appoint one deputy superintendent of public instruction for each supervision district as herein provided for, and such appointee shall, at the time of his appointment and during his term of office, be a bona fide resident of the district for which he is appointed. Such appointee shall take office on the first Monday in September and shall serve for a period of four years, or until his successor shall have been appointed and shall have qualified. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall, in like manner, make an appointment for the unexpired term.


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ê1927 Statutes of Nevada, Page 279 (CHAPTER 163, AB 187)ê

 

state board of education shall, in like manner, make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in any other work while holding this office.

      Sec. 4.  Section 23 of the above-entitled act is hereby amended so as to read as follows:

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

      1.  High school, authorizing the holder thereof to teach in any high school in the state.

      2.  Elementary, authorizing the holder thereof to teach in any elementary school in the state; provided, that no teacher shall be eligible to act as principal of an elementary school unless he holds an elementary certificate of the first grade.

      3.  Junior high school, authorizing the holder thereof to teach in any junior high school in the state.

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

      5.  The state board may prescribe rules for the renewal of first grade elementary, junior high school, high school, and special certificates.

      Sec. 5.  Section 62 of the above-entitled act is hereby amended so as to read as follows:

      Section 62.  Trustees elected under this act shall take office on the first Monday in May following their election, and shall hold office until his successor has qualified.

      Sec. 6.  Section 90 of the above-entitled act is hereby amended so as to read as follows:

      Section 90.  At the time of the apportionment of money in the state distributive school fund in January and July of each year, the superintendent of public instruction, before making such apportionment, shall set aside from said fund the sum of three thousand dollars, the same to constitute and be known as the emergency school fund; and provided further, he shall set aside the sum of $750, the same to be known as the state school research fund, to be used by the superintendent of public instruction in study of state-wide school problems; and he shall at once notify the state controller and state treasurer of his action.

      Sec. 7.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

 

Teachers’ certificates

 

 

 

 

 

 

 

 

 

 

 

 

Terms of office of trustees

 

 

Emergency fund created

 

 

 

 

 

 

Repeal

 

________

 

 


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ê1927 Statutes of Nevada, Page 280ê

CHAPTER 164, AB 160

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eggs unfit for food; when

 

 

 

 

 

Words and phrases defined

[Assembly Bill No. 160–Mr. Tranter]

 

Chap. 164–An Act to promote the development of the egg industry in this state, to prohibit the sale of eggs unfit for human food, to prevent deception in the sale of eggs, to protect the consuming public in the matter of quality and weight, and to encourage greater consumption of eggs by regulating and standardizing the grading, classification, and labeling of all eggs displayed for sale; providing for the enforcement of this act; providing penalties for the violation of the provisions of this act, and repealing all acts and parts of acts in conflict with this act.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  That no person, firm, or corporation shall sell, or offer, or expose for sale any egg unfit for human food unless the same is broken in shell and then denatured so that it cannot be used for human food. For the purpose of this act an egg shall be deemed unfit for human food if it be addled or moldy; or if it contains black spots, black rot, white rot, or blood streaks; or if it has an adherent yolk or bloody or green white (albumen); or if it consists in whole or in part of a filthy, decomposed or putrid substance.

      Sec. 2.  Unless the context otherwise requires, the words and phrases employed in this act shall have the meanings hereinafter defined:

      (a) “Addled” or “white rot” means an egg which is putrid or rotten.

      (b) “Moldy” means an egg in which mold has developed inside the shell.

      (c) “Black spot” means an egg in which mold or bacteria has developed in isolated areas inside the shell.

      (d) “Black rot” means an egg which has deteriorated to such an extent that the whole interior presents a blackened appearance before the candle.

      (e) “Blood streak” means an egg which contains blood due to partial incubation.

      (f) “Adherent yolk” means an egg in which the yolk has settled to one side and become fastened to the shell.

      (g) “Retailer” means any person, firm or corporation or association which sells eggs to a consumer.

      (h) “Consumer” means any person purchasing eggs for his or her own family use or consumption, or a restaurant, hotel, boarding house, bakery or other institution purchasing eggs for serving to guests or patron, or for its or their use in cooking or baking.

      (i) “Incubated” eggs shall include eggs which have been subjected to incubation, whether natural or artificial, for more than forty-eight hours, and it shall be unlawful to offer or expose for sale or sell incubated eggs unless branded or stamped with the word “incubated.”


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

ê1927 Statutes of Nevada, Page 281 (CHAPTER 164, AB 160)ê

 

or expose for sale or sell incubated eggs unless branded or stamped with the word “incubated.”

      Sec. 3.  It shall be unlawful for any person, firm or corporation to represent, advertise or sell as fresh eggs any eggs that do not conform to the classifications provided for fresh eggs in this act.

      Sec. 4.  It shall be unlawful for any person, firm or corporation to sell or offer or expose for sale any eggs intended for human consumption without notifying by suitable sign or label the person or persons purchasing or intending to purchase the same, of the exact grade or quality and the size or weight of such eggs, according to the grades prescribed by the state commissioner of foods and drugs as hereinafter provided.

      Sec. 5.  When eggs are removed from the original container for resale, the true grade of said eggs must be stamped upon the subsequent container in letters not less than one-third (1/3) inch in height. If placed on display for sale, a sign must be placed immediately over said eggs, in letters not less than one (1) inch in height, giving the true grade of said eggs. When eggs are sold in lots of half-cases or more, the container must be marked, showing plainly and truly the grade or grades of eggs therein contained, and an invoice must accompany said sale plainly and truly indicating the grade or grades of eggs sold; provided, that the provisions of this act shall not apply to any eggs being handled for, or in transit to, or sold to dealers in commercial centers to be candled and graded, but all such eggs offered for sale in half-cases or more shall be plainly stamped or branded “Not Candled” upon the outside of the container in letters one (1) inch in height. The word person, as used in this act, shall mean and include individuals, firms, and members of firms, and their employees or agents, corporations and officers of corporations, and their employees and agents.

      Sec. 6.  It shall be the duty of the food and drug commissioner to enforce the provisions of this act, to make and fix grades and standards for eggs, and to make such rules and regulations as may be necessary for the enforcement of this act.

      Sec. 7.  Every person who violates any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction for the first offense, shall be punished by a fine of not less than ten dollars ($10) and not more than one hundred dollars ($100), and for each subsequent conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25) and not more than two hundred dollars ($200).

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

      Sec. 9.  This act shall take effect upon its passage and approval.

 

 

Unlawful to sell eggs; when

 

Grade and quality to be labeled

 

 

 

 

Further provisions regarding labeling of eggs

 

 

 

 

 

 

 

 

 

 

 

Duty of food and drug commissioner

 

Penalties for violation of act

 

 

 

Repeal

In effect

 

________

 

 


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

ê1927 Statutes of Nevada, Page 282ê

CHAPTER 165, AB 143

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retirement salaries for public school teachers

 

 

 

Permanent fund, how provided

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of retirement salary fund board

[Assembly Bill No. 143–Mr. Neeley]

 

Chap. 165–An Act to amend an act entitled “An act to provide for the payment of retirement salaries to public school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, as amended 1919, as amended 1923, and inserting three new sections numbered four, five, and nineteen.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  There are hereby established two funds in the state treasury, to be known, respectively, as the public school teachers’ retirement salary fund and the public school teachers’ permanent fund. The public school teachers’ permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner:

      (1) All contributions made by teachers, as hereinafter provided;

      (2) The income and interest derived from the investment of moneys contained in such fund;

      (3) An ad valorem tax of five mills on the hundred dollars of all taxable property in the state; and the board of county commissioners of the several counties shall, annually, at the same time other state taxes are levied, add this to the other taxes provided by law to be levied and collected, and it shall be annually collected at the same time and in the same manner as other state taxes are collected, and if, from any reason whatever, in any year said taxes are not levied, as herein required, by the board of county commissioners, the county auditor shall enter them on the assessment roll as required by law for other taxes;

      (4) All donations, legacies, gifts, and bequests which shall be made to such fund, and all the moneys which shall be obtained or contributed for the same purposes from other sources.

      Sec. 2.  Section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  The public school teachers’ retirement salary fund board, subject to the provisions of this act, shall have power, and it shall be its duty:

      (1) To approve and allow retirement salaries of public school teachers entitled to the same under the provisions of this act;

      (2) Through its president or other officer designated by it for that purpose, to audit all claims and demands for money expended or authorized to be expended by it, and certify all claims and demands against the public school teachers’ permanent fund and the public school teachers’ retirement salary fund, including all retirement salary demands, to the state controller, who shall draw his warrant therefor upon the state treasurer, payable out of said fund; provided, that no demand shall be allowed except after resolution duly passed at a meeting of the board by a majority of its members, which adoptions shall be attested by the secretary;


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

ê1927 Statutes of Nevada, Page 283 (CHAPTER 165, AB 143)ê

 

state controller, who shall draw his warrant therefor upon the state treasurer, payable out of said fund; provided, that no demand shall be allowed except after resolution duly passed at a meeting of the board by a majority of its members, which adoptions shall be attested by the secretary;

      (3) To require the boards of education, school trustees, and other public authorities, and all officers having duties to perform in respect to the contributions by teachers to said permanent fund, to report to the board from time to time as to such matters pertaining to the payment of such contributions as it may deem advisable;

      (4) To invest the moneys in the permanent fund in securities and collect the income therefrom and interest and dividends thereon; to deposit such securities with the state treasurer, and to make sale of such securities when, in its judgment, such sale will be advisable; provided, that none of the moneys in the public school teachers’ permanent fund shall be invested in any securities except such securities as those in which the funds of savings banks may be legally invested. The state controller is authorized to draw his warrant upon the public school teachers’ permanent fund in payment of duly audited claims arising out of the investment of the moneys in said fund;

      (5) To prescribe the duties of the secretary and other officers of the board;

      (6) To conduct investigation in all matters relating to the operation of this act, and to subpena witnesses and compel their attendance to testify before it in respect to such matters.

      (7) To have done at the state printing office any printing required in the performance of its duties, at cost.

      Sec. 3.  A new section is hereby added to be known as section 4 and shall read as follows:

      Section 4.  There shall be deducted each school year, commencing July 1, 1927, from the salary of every teacher subject to the burdens of this act, twelve dollars ($12), and every official whose duty it is to pay said teachers’ salary shall make said deduction at such times of payment as shall be directed by the state board of education; the amounts thus deducted shall be deposited in the state treasury to the credit of the public school teachers’ permanent fund, and shall constitute part thereof; provided, that in the case of any teacher ceasing to be a member of the retirement salary system, said teacher shall, upon application to the retirement salary fund board, have returned to him, or her, all contributions made to said board in excess of a sum equal to five years’ payment.

      Sec. 4.  A new section is hereby added to be known as section 5 and to read as follows:

      Section 5.  No person shall, except as hereinafter otherwise provided, be eligible to receive the benefits of this act who shall not have paid into said public school teachers’ permanent fund an amount equal to twelve dollars ($12) for each year of service up to and including thirty years;

Powers of retirement salary fund board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Teachers to contribute $12 per year to fund

 

 

 

 

Proviso

 

 

 

 

 

Who eligible to the benefits


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

ê1927 Statutes of Nevada, Page 284 (CHAPTER 165, AB 143)ê

 

 

Proviso

 

 

 

 

 

 

 

 

 

Prior rejection waived

 

 

Proviso

 

Repeal

 

In effect

permanent fund an amount equal to twelve dollars ($12) for each year of service up to and including thirty years; provided, however, that the difference between the amount actually paid by such teacher of thirty years’ service and three hundred and sixty dollars ($360), may be paid into said fund by such teacher at the time of retirement, with the same effect as if the full sum of three hundred and sixty dollars ($360), had been paid at the rate of twelve dollars per year before retirement; or the sum of twenty ($20) dollars per month may be withheld from such teachers’ retirement salary until the amount so withheld shall equal the difference between said sum of three hundred and sixty ($360) dollars and the amount theretofore paid into said permanent fund.

      Sec. 5.  A new section is hereby added to be known as section 19 and to read as follows:

      Section 19.  Any teacher who may have heretofore rejected the provisions of the above-entitled act, or any amendment thereto, regarding teachers’ contributions, shall, upon application to the public school teachers’ retirement salary fund board, be entitled to accept the provisions of the said retirement salary act; provided, such application be made within one year of the passage of this act.

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

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

 

________

 

CHAPTER 166, AB 142

 

 

 

 

 

 

 

 

 

 

 

 

 

Pupils eligible to enter high school

[Assembly Bill No. 142–Mr. Neeley]

 

Chap. 166–An Act to amend section 181 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 181 of the above-entitled act is hereby amended so as to read as follows:

      Section 181.  All county high schools shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the state; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the state board of education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the authority and direction of the state board of education; but nothing in this section shall be construed so as to compel a high school district to accept pupils from territory lying outside the boundaries of the county in which such high school is located without legal compensation, nor where accommodations for such pupils are not available.


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

ê1927 Statutes of Nevada, Page 285 (CHAPTER 166, AB 142)ê

 

pupils from territory lying outside the boundaries of the county in which such high school is located without legal compensation, nor where accommodations for such pupils are not available. If the pupils are from territory lying outside the county in which the high school is situated, the average per capita cost of pupils in the county in which such high school is situated shall be deemed a legal compensation.

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

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

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 167, SB 60

[Senate Bill No. 60–Senator Dressler]

 

Chap. 167–An Act to amend section 10 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, is hereby amended to read as follows:

      Section 10.  The affairs and business of any banking corporation organized under the laws of this state shall be managed or controlled by a board of directors, of not less than three in number, who shall be selected from the stockholders in January of each year, and in such manner as may be provided by the by-laws of the corporation. No person shall be eligible to serve as a director of any bank, organized or existing under the laws of this state, unless he shall be a bona fide owner of one thousand dollars of the stock of such bank, fully paid and not hypothecated. A majority of the board of directors of every bank shall be residents of the State of Nevada, and at least one of said directors shall reside in the county where its business is to be conducted. Any director, officer, or other person, who shall participate in any violation of the laws of this state, relative to banks, shall be liable for all damages which the said bank, its stockholders, depositors or creditors, shall, in consequence of such violation, sustain. Such director, when appointed shall take, in addition to the usual oath, an oath that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this act, and that he is the owner, in good faith and in his own right, of the number of shares of stock required by this act standing in his name on the books of the corporation; that the same is not hypothecated or in any way pledged as security for any loan or debt.

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of directors, not less than three, must be legal stock holders

 

 

 

 

 

 

Officers liable

 

 

Oath of directors


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

ê1927 Statutes of Nevada, Page 286 (CHAPTER 167, SB 60)ê

 

 

 

 

 

Officers of board of directors

act standing in his name on the books of the corporation; that the same is not hypothecated or in any way pledged as security for any loan or debt. Such oath subscribed by the director making it and certified by the notary public before whom it was taken shall be immediately transmitted to the bank examiner, and shall be filed and preserved in his office. The directors shall elect from their number, president, vice-president or vice-presidents, and shall appoint a cashier, who shall be ex officio secretary, and such other officers as may be provided for in the by-laws. Such officers shall hold their offices for the term of one year and until their successors have been elected and qualified, unless sooner removed by the board of directors. The board shall require the cashier and any and all officers and employees of the bank, having care of the funds, to give a good and sufficient bond to be approved by them. The board of directors shall hold at least four (4) regular meetings each year, and at such meetings a thorough examination of the books, records, funds and securities held by the bank or trust company shall be made and recorded in detail upon its record book.

 

________

 

CHAPTER 168, SB 66

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of education to be elected at general election

[Senate Bill No. 66–Senator Henderson]

 

Chap. 168–An Act to amend section 4 of an act entitled “An act providing for the union of school districts, providing for the government of the schools therein, and providing for other matters relating thereto,” approved March 18, 1925.

 

[Approved March 28, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 4.  At the next general election following the organization of a union district two members of said board of education shall be elected for a term of four years, and three members of said board of education shall be elected for a term of two years. At each general election thereafter two members of said board of education shall be elected for a term of four years and one member of said board of education shall be elected for a term of two years; provided, that two members of said board of education shall be from the high school district at large and three members of said board of education shall be from the elementary school district or districts. Each person elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on said board, it shall be the duty of said board of education to appoint a member for the unexpired term.


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

ê1927 Statutes of Nevada, Page 287 (CHAPTER 168, SB 66)ê

 

unexpired term. each member of said board of education, whether elected or appointed, shall file with the deputy superintendent of public instruction a copy of the official oath of office which copy shall be accompanied by his statement showing the term for which the said member has been elected or appointed.

      On the first Monday in January next following the election the said board of education shall organize by selecting one of its members as president and one of its members, or other qualified person, as secretary of said board; and a record of such organization of the board shall be entered in the minutes, together with the salary to be paid the secretary, as hereinafter provided. Immediately after organization the secretary of the said board of education shall file with the deputy superintendent of the supervision district and the county auditor the names of the president and the secretary of the board, together with the names of all members of the board. The secretary of the board may receive such salary as the board may allow; provided, that such salary shall not exceed fifty dollars a month. It shall be the duty of the secretary of the said board of education to keep the minutes of all the meetings and transactions of said board; and, subject to the written direction of said board, to draw all orders for the payment of the moneys belonging to the union school district; provided, that no order of the said board of education shall be valid unless signed by at least two members of the board. Three members of the said board of education shall constitute a quorum for the transaction of business, and if the secretary of said board is a person other than a member of the board he shall not have the power of voting.

Board to fill vacancies

 

 

 

 

 

Organization of board

 

 

 

 

 

 

Secretary may receive salary

 

________

 

CHAPTER 169, AB 26

[Assembly Bill No. 26–Mr. Neeley]

 

Chap. 169–An Act to amend an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 13 of the above-entitled act is hereby amended so as to read as follows:

      Section 13.  Not less than twenty-five days before the September primary each county clerk shall prepare sample ballots for such primary, which sample ballots shall be the same size as the official ballot and exact copies thereof. Such sample ballots shall be conspicuously marked with the words “Sample Ballot.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sample ballots


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

ê1927 Statutes of Nevada, Page 288 (CHAPTER 169, AB 26)ê

 

Sample ballots sent to each candidate

 

 

 

 

 

County clerk to correct errors

 

 

 

Proportion of ballots to number of voters

 

 

 

 

 

 

 

 

Primary election officers, how chosen

 

 

 

 

 

 

 

 

Compensation of officers of primary election

      Such county clerk shall forthwith mail five copies of said sample ballot to each candidate who has filed with him a declaration or acceptance of candidacy and one copy to each candidate whose name has been certified to him by the secretary of state, to the post-office address as given in such declaration, acceptance, or certification, and shall post a copy of such sample ballot in a conspicuous place in his office, and shall mail to each registry agent, for distribution, one sample ballot for each four registered voters in such precinct.

      On the fifteenth day before any primary the county clerk shall correct any errors or omissions in the official ballot and shall cause the same to be printed as provided in this act, and shall cause the same to be furnished to the various precinct election officers in the manner provided by law for the distribution of ballots for the November election; provided, that the number of ballots furnished to each precinct shall be for each political party a number in the proportion of one hundred and ten ballots for each one hundred electors registered in such party; and the same ratio of nonpartisan ballots for electors who have registered for the primary without designating any party affiliation; and provided further, that he shall furnish to each precinct for each party and the nonpartisan voters a number of ballots greater by five than the number of voters registered in each class in the precinct. He shall also furnish to the election officers of each precinct sample ballots of each class, equal in number to one-fourth of the official ballots.

      Sec. 2.  Section 14 of the above-entitled act is hereby amended so as to read as follows:

      Section 14.  On or before the first Monday in July of each year in which a primary election is to be held the county central committee of each political party for each county shall nominate to the board of county commissioners of such county three qualified electors in and for each precinct in the county to act as officers of the primary election in such precinct, and the board of county commissioners from such nominees for each precinct shall select the officers of the primary election for such precinct in the same manner and number as now provided by law for the selection of officers of general elections, giving to each party, as near as may be, equal representation. The said officers of the primary election shall perform all the duties at the primary election now prescribed by law for the officers of election at general elections, and they shall receive therefor the same compensation from the county. It shall be the duty of the proper county officers to furnish certified copies of the official register, together with the check lists of each election precinct, to one of the inspectors of the primary election as now provided by law for general elections.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 289ê

CHAPTER 170, AB 48

[Assembly Bill No. 48–Mr. Boak]

 

Chap. 170–An Act to amend section 11 of an act entitled “An act regulating the registration of electors for general, special and primary elections,” approved March 27, 1917, as amended March 27, 1919.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act is hereby amended so as to read as follows:

      Section 11.  Before the opening of registration for any election, the county clerk shall prepare a list of the persons whose names remain on the official register of each precinct, except the precincts at the county seat of the county, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered and the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be. Registration offices shall be open for registration of voters for any election, Sunday and legal holidays excepted, from and after the first day of May in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that the office of the county clerk, as ex officio registrar, shall be open for registration of voters for any election at all times when said office is open for the transaction of business as county clerk; provided further, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precinct in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. The county clerk shall, immediately after filling out the registry card as herein provided, and as soon after receipt of cards from the deputy registrar as possible, enter upon the official register of the county, in the proper precinct, the full information concerning any elector as shown by such cards.

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning registration of voters

 

________

 

 


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

ê1927 Statutes of Nevada, Page 290ê

CHAPTER 171, AB 49

 

 

 

 

 

 

 

 

 

 

 

 

 

When registry card must be canceled

[Assembly Bill No. 49–Mr. Boak]

 

Chap. 171–An Act to amend section 21 of an act entitled “An act regulating the registration of electors for general, special and primary elections,” approved March 27, 1917, as amended March 8, 1923.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 21.  The county clerk must cancel any registry card in the following cases:

      1.  When he has a personal knowledge of the death of the person registered or when a duly authenticated certificate of the death of any elector is filed in his office.

      2.  When the insanity of the elector is legally established.

      3.  Upon the production of a certified copy of the judgment of conviction of any elector of felony.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      5.  Upon the request of any elector who desires to change his politics, or to affiliate with any political party, provided said change is made forty-five days before any primary election. If any card is canceled by reason of this subdivision 5 the elector may immediately reregister.

      6.  Upon proof, by affidavit, of one or more electors filed with the county clerk of the removal from the county of any person as provided by section 5 of this act.

      7.  At the request of the party registered. If any card is so canceled the party shall not be reregistered within forty-five days of such cancellation.

 

________

 

CHAPTER 172, AB 81

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners to establish voting precincts

[Assembly Bill No. 81–Mr. DeVotie]

 

Chap. 172–An Act to amend section 2 of an act entitled “An act relating to elections,” approved March 24, 1917.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided-

      First-That no new precinct shall be established except upon petition of ten or more qualified electors,


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

ê1927 Statutes of Nevada, Page 291 (CHAPTER 172, AB 81)ê

 

upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.

      Second-That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given.

      Third-All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections is given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route.

      Fourth-That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes.

      The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct.

      It shall be the duty of said boards of county commissioners, at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks. One of said boards shall be designated as the voting board and the other as the counting board. The voting board shall serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards. The members of each board acting hereunder shall receive compensation for one shift, or day; and the clerk of said board shall forthwith make and deliver to said inspectors and clerks personally notice thereof in writing, or deposit the same in the post office, registered and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election.

Restrictions as to new precincts

 

 

 

 

No less than ten electors in precinct

 

Electors may register in nearest precinct

 

 

Precincts must be one mile apart

 

 

Limit of 400 voters in one precinct

 

 

Commissioners to appoint election officers

 

 

 

 

 

Two boards in precincts having 200 or more voters


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

ê1927 Statutes of Nevada, Page 292 (CHAPTER 172, AB 81)ê

 

 

 

 

 

 

 

 

Clerk to furnish copy of law and all supplies

acting hereunder shall receive compensation for one shift, or day; and the clerk of said board shall forthwith make and deliver to said inspectors and clerks personally notice thereof in writing, or deposit the same in the post office, registered and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election.

      At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use.

      It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot boxes, and keys, the official ballots, the sample ballots, and printed instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.

 

________

 

CHAPTER 173, AB 131

 

 

 

 

 

 

 

 

 

 

 

 

Transfers in trust of real estate to secure obligation

[Assembly Bill No. 131–Mr. Kennedy]

 

Chap. 173–An Act relating to transfers in trust of estates in real property to secure the performance of an obligation or the payment of a debt and to provide that certain covenants, agreements, obligations, rights and remedies thereunder may be adopted by reference, and other matters relating thereto.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  Transfers in trust of any estate in real property may hereafter be made to secure the performance of an obligation or the payment of any debt. Where any transfer in trust of any estate in real property is hereafter made to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security. Such power of sale shall not be exercised, however, until the beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated, a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation and not less than three (3) months shall thereafter elapse before the making of such sale. The trustee, or other person authorized to make the sale under the terms of such trust deed or transfer in trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution; provided, however, that the sale itself may be made at the office of the trustee, if the notice so provide, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.


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

ê1927 Statutes of Nevada, Page 293 (CHAPTER 173, AB 131)ê

 

trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution; provided, however, that the sale itself may be made at the office of the trustee, if the notice so provide, whether the property so conveyed in trust is located within the same county as the office of the trustee or not. Every sale made under the provisions of this and subsequent sections of this act vests in the purchaser the title of the grantor without equity or right of redemption.

      Sec. 2.  Every deed of trust hereafter made may adopt by reference all or any of the following covenants, agreements, obligations, rights, and remedies:

      Covenant No. 1-That grantor agrees to pay and discharge at maturity all taxes and assessments and all other charges and encumbrances which are now or shall hereafter be, or appear to be, a lien upon the trust premises, or any part thereof; and that he will pay all interest or installments due on any prior encumbrance, and that in default thereof, beneficiary may, without demand or notice, pay the same, and beneficiary shall be sole judge of the legality or validity of such taxes, assessments, charges or encumbrances, and the amount necessary to be paid in satisfaction or discharge thereof.

      Covenant No. 2-That the grantor will at all times keep the buildings and improvements which are now or shall hereafter be erected upon said premises insured against loss or damage by fire, to the amount of at least $………., by some insurance company or companies approved by beneficiary, the policies for which insurance shall be made payable, in case of loss, to beneficiary, and shall be delivered to and held by the beneficiary as further security; and that in default thereof, beneficiary may procure such insurance, not exceeding the amount aforesaid, to be effected either upon the interest of trustee or upon the interest of grantor, or his assigns, and in their names, loss, if any, being made payable to beneficiary, and may pay and expend for premiums for such insurance such sums of money as the beneficiary may deem necessary.

      Covenant No. 3-That if, during the existence of the trust, there be commenced or pending any suit or action affecting said conveyed premises, or any part thereof, or the title thereto, or if any adverse claim for or against said premises, or any part thereof, be made or asserted, the trustee or beneficiary may appear or intervene in said suit or action and retain counsel therein and defend same, or otherwise take such action therein as they may be advised, and may settle or compromise same or the adverse claim; and in that behalf and for any of said purposes may pay and expend such sums of money as the trustee or beneficiary may deem to be necessary.

 

 

 

 

 

 

 

Covenants adopted by reference

Payment of all encumbrances

 

 

 

 

 

 

Insurance

 

 

 

 

 

 

 

 

 

Suits or other actions


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

ê1927 Statutes of Nevada, Page 294 (CHAPTER 173, AB 131)ê

 

Grantor liable for certain expenditures

 

 

 

Reconveyance of trust property

 

 

 

 

 

Procedure in case of default

      Covenant No. 4-That the grantor will pay to trustee and to beneficiary respectively, on demand, the amounts of all sums of money which they shall respectively pay or expend pursuant to the provisions of the implied covenants of this section, or any of them, together with interest upon each of said amounts, until paid, from the time of payment thereof, at the rate of ………. per cent per annum.

      Covenant No. 5-In case grantor shall well and truly perform the obligation or pay or cause to be paid at maturity the debt or promissory note, and all moneys agreed to be paid by him, and interest thereon for the security of which said transfer is made, and also the reasonable expenses of the trust in this section specified, then the trustee, its successors or assigns, shall reconvey to the grantor all the estate in the premises conveyed to the trustee by the grantor. Any part of the trust property may be reconveyed at the request of the beneficiary.

      Covenant No. 6-If default be made in the performance of the obligation, or in the payment of the debt, or interest thereon, or any part thereof, or in the payment of any of the other moneys agreed to be paid, or any interest thereon, or if any of the conditions or covenants in this section adopted by reference be violated, and if the notice of breach and election to sell, required by this act, be first recorded, then trustee, its successors or assigns, on demand by beneficiary, or assigns, shall sell the above-granted premises, or such part thereof as in its discretion it shall find necessary to sell, in order to accomplish the objects of these trusts, in the manner following, namely:

      The trustees shall first give notice of the time and place of such sale, in the manner provided by the laws of this state for the sale of real property under execution, and may from time to time postpone such sale by such advertisement as it may deem reasonable, or without further advertisement, by proclamation made to the persons assembled at the time and place previously appointed and advertised for such sale, and on the day of sale so advertised, or to which such sale may have been postponed, the trustee may sell the property so advertised, or any portion thereof, at public auction, at the time and place specified in the notice, either in the county in which the property, or any part thereof, to be sold, is situated, or at the principal office of the trustee, in its discretion, to the highest cash bidder. The beneficiary, obligee, creditor, or the holder or holders of the promissory note or notes secured thereby, may bid and purchase at such sale. The beneficiary may, after recording said notice of breach and election, waive or withdraw the same or any proceedings thereunder, and shall thereupon be restored to his former position and have and enjoy the same rights as though such notice had not been recorded.


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

ê1927 Statutes of Nevada, Page 295 (CHAPTER 173, AB 131)ê

 

      Covenant No. 7-The trustee, upon such sale, shall make (without warranty), execute, and after due payment made, deliver to purchaser or purchasers, his or their heirs or assigns, a deed or deeds of the premises so sold which shall convey to the purchaser all the title of the grantor in the trust premises, and shall apply the proceeds of the sale thereof in payment, firstly, of the expenses of such sale, together with the reasonable expenses of the trust, including counsel fees, in an amount equal to ………. per cent of the amount secured thereby and remaining unpaid, which shall become due upon any default made by the grantor in any of the payments aforesaid; and also such sums, if any, as trustee or beneficiary shall have paid, for procuring a search of the title to said premises, or any part thereof, subsequent to the execution of the deed of trust; and in payment, secondly, of the obligation or debts secured, and interest thereon then remaining unpaid, and the amount of all other moneys with interest thereon herein agreed or provided to be paid by grantor; and the balance or surplus of such proceeds of sale it shall pay to grantor, his heirs, executors, administrators or assigns.

      Covenant No. 8-In the event of a sale of the premises conveyed or transferred in trust, or any part thereof, and the execution of a deed or deeds therefor under such trust, the recital therein of default, and of recording notice of breach and election of sale, and of the elapsing of said three-months period, and of the giving of notice of sale, and of a demand by beneficiary, his heirs or assigns, that such sale should be made, shall be conclusive proof of such default, recording, election, elapsing of time, and of the due giving of such notice, and that the sale was regularly and validly made on due and proper demand by beneficiary, his heirs and assigns; and any such deed or deeds with such recitals therein, shall be effectual and conclusive against grantor, his heirs and assigns, and all other persons; and the receipt for the purchase money recited or contained in any deed executed to the purchaser as aforesaid, shall be sufficient discharge to such purchaser from all obligation to see to the proper application of the purchase money, according to the trusts aforesaid.

      Covenant No. 9-The beneficiary or his assigns may, from time to time, appoint another trustee, or trustees, to execute the trust created by the deed of trust or other conveyance in trust, and upon such appointment and a conveyance to such new trustee of the premises so held in trust, the new trustee or trustees shall be vested with all the title, interest, powers, duties and trusts in the premises vested in or conferred upon the original trustee.

      A copy of a resolution of the board of directors of beneficiary (if beneficiary be a corporation), certified by the secretary thereof, under its corporate seal, or an instrument executed and acknowledged by the beneficiary (if the beneficiary be a natural person), attached to the instrument of assignment or transfer, shall be conclusive proof of the proper appointment of such substituted trustee.

Trustee to execute deed

 

 

 

 

 

 

 

 

 

 

 

 

 

Proof of default

 

 

 

 

 

 

 

 

 

 

 

 

New trustee may be appointed


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

ê1927 Statutes of Nevada, Page 296 (CHAPTER 173, AB 131)ê

 

Proof of appointment

 

 

 

 

 

 

 

Manner of adopting covenants by reference

 

 

 

 

 

 

 

Same

 

 

 

 

 

 

 

 

Other covenants may be entered into

 

Words defined

 

In effect

secretary thereof, under its corporate seal, or an instrument executed and acknowledged by the beneficiary (if the beneficiary be a natural person), attached to the instrument of assignment or transfer, shall be conclusive proof of the proper appointment of such substituted trustee. If there be more than one trustee, either may act alone and execute said trusts upon the request of the beneficiary, and all his acts thereunder shall be deemed to be the acts of all trustees, and the recital in any conveyance executed by such sole trustee of such request shall be conclusive evidence thereof, and of the authority of such sole trustee to act.

      Sec. 3.  In order to adopt by reference any of the foregoing covenants, agreements, obligations, rights and remedies, it shall only be necessary to state in the deed of trust the following: “The following covenants, Nos. ………., ………. and ……….(inserting the respective numbers) of section 2 of an act entitled ‘An act relating to transfers in trust of estates in real property to secure the performance of an obligation or the payment of a debt, and to provide that certain covenants, agreements, obligations, rights and remedies thereunder may be adopted by reference, and other matters relating thereto’ (date of approval), are hereby adopted and made a part of this deed of trust.”

      Sec. 4.  A deed of trust or other conveyance in trust, in order to fix the amount of insurance to be carried, need not reincorporate the provisions of covenant 2 of section 2 hereof, but may merely state the following: “Covenant No. 2,” and set out thereafter the amount of insurance to be carried. And in order to fix the rate of interest under covenant No. 4 of section 2 hereof, it shall only be necessary to state in such trust deed or other conveyance in trust, “Covenant No. 4,” and set out thereafter the rate of interest to be charged thereunder. And in order to fix the amount or per cent of counsel fees under covenant No. 7 of section 2 hereof, it shall only be necessary to state in such deed of trust, or other conveyance in trust, the following: “Covenant No. 7,” and set out thereafter the percentage to be allowed.

      Sec. 5.  Nothing in this act shall prevent the parties to any transfer in trust from entering into other, different, or additional covenants or agreements than those set out in section 2 hereof.

      Sec. 6.  Words used in this act in any gender include all other genders, the singular number includes the plural, and the plural the singular.

      Sec. 7.  This act shall be effective on and after its passage and approval.

 

________

 

 


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

ê1927 Statutes of Nevada, Page 297ê

CHAPTER 174, AB 140

[Assembly Bill No. 140–Mr. Tranter]

 

Chap. 174–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, by adding thereto nineteen new sections to be numbered and designated sections 874a to 874r, inclusive, prescribing the procedure and duties of justices of the peace in certain cases, and repealing chapter 149, Statutes 1923, approved March 17, 1923.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by the addition of eighteen new sections, to be numbered and designated as follows:

      Section 874a.  In all cases arising in the justice’s court for the recovery of money, only where the amount claimed does not exceed $100, and the defendant named is a resident of the township or city and county in which the action is to be maintained, the justices of the peace may proceed as in this act provided.

      Section 874b.  In all cases for the recovery of money only, where the amount claimed does not exceed $100, the action shall be deemed commenced when any person appears before any justice of the peace and executes an affidavit substantially in the form set forth in section 874c, of this title, and it shall be the duty of the justice of the peace to proceed as provided herein.

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

 

      In the justice’s court of ………., county of ………., State of Nevada.

      ………………, plaintiff, vs. ………………., defendant.

State of Nevada

      County of………..}

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

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

                                                                                                ........................................ , Justice.

      On the said affidavit shall be printed:

 

Order

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jurisdiction of justice of peace in certain cases

 

 

When action deemed commenced

 

 

 

 

Form of affidavit


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

ê1927 Statutes of Nevada, Page 298 (CHAPTER 174, AB 140)ê

 

Form of affidavit

 

 

 

 

 

 

 

 

 

Duties of justice

 

 

 

 

 

 

 

 

 

 

 

Justice to fix date of appearance

 

 

 

 

Docket to be kept

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

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

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

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

 

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

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

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

      1.  The title of every action;

      2.  The sum of money claimed;

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

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

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

      6.  The judgment of the court and when returned;


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

ê1927 Statutes of Nevada, Page 299 (CHAPTER 174, AB 140)ê

 

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

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

      Section 874g.  No attorney fees shall be allowed either party to an action mentioned or covered by this title. The plaintiff and defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing in the same manner as other cases arising in the justice’s court.

      Section 874h.  No formal pleading other than the said claim and notice shall be necessary, and the hearing and disposition of all such actions shall be informal, with the sole object of dispensing speedy justice between the parties. No attachment or garnishment shall issue in cases mentioned in this title, but execution may issue in the manner now prescribed by law, as in other cases arising in the justice’s court.

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

      Section 874j.  If the plaintiff or defendant be dissatisfied he may, within five days from the entry of said judgment against him, appeal to the district court of the county, as in other cases arising in justice’s court, but the prevailing party upon such appeal shall be awarded an attorney’s fee not to exceed the sum of fifteen dollars by said district court.

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

 

      In the justice’s court of ……………., county of ………………, State of Nevada.

      ………………., plaintiff, vs. ………………., defendant.

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

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

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

 

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

 

      In the justice’s court of ……………., county of ………………, State of Nevada.

      ………………., plaintiff, vs. ………………., defendant.

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

 

 

 

 

 

No attorney fees to be allowed

 

 

Hearing of action informal

 

 

 

Payment of judgment

 

 

Appeal may be taken

 

 

 

 

Form of appeal

 

 

 

 

 

 

 

 

 

 

Form of bond


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

ê1927 Statutes of Nevada, Page 300 (CHAPTER 174, AB 140)ê

 

Form of bond

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners to furnish blank forms

 

 

Fees

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

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

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

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

                                                                               

State of Nevada

      City of…………….

          County of ………} ss.

 

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

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

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

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

      Section 874m.  The board of county commissioners of every county shall furnish to every justice of the peace in such county a reasonable supply of blank forms set forth in this title, also all forms, docket book and stationery necessary for the use of such justice to comply with this act.

      Section 874n.  No fee or charge of any kind or nature shall be charged or collected by any officer for any service rendered under this title except as herein provided. The justice of the peace shall, however, forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of a cost bill, the costs of the proceeding as in other cases arising in justice’s court, which said sum when received by the justice of the peace shall be delivered to the county treasurer in the same manner as other fees are delivered by the justice of the peace. The prevailing party shall deposit the amount ascertained and assessed as costs with the justice of the peace before final judgment is rendered by the justice. The justice of the peace shall in the manner provided by law make and file a claim against the county to reimburse him for moneys expended for postage stamps and registry charges of post-office department incurred in connection with the duties prescribed in this act, which claim shall be acted upon by the county commissioners in the same manner as other claims presented to them; provided, that in those townships where the compensation of the justice of the peace consists of fees allowed by law, the justice of the peace in cases brought under the provisions hereof may charge and collect the same fees which a justice of the peace may charge and collect, and no others; and provided further, that in townships where the justice of the peace draws a flat salary, the county commissioners may make such allowance for such additional work, upon application of the justice of the peace, as may be deemed adequate for the services performed.


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

ê1927 Statutes of Nevada, Page 301 (CHAPTER 174, AB 140)ê

 

the same fees which a justice of the peace may charge and collect, and no others; and provided further, that in townships where the justice of the peace draws a flat salary, the county commissioners may make such allowance for such additional work, upon application of the justice of the peace, as may be deemed adequate for the services performed.

      Section 874o.  Chapter 149, Statutes 1923, entitled “An act to amend an act, ‘An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,’ approved March 17, 1911, by adding thereto seventeen new sections to be numbered and designated sections eight hundred seventy-four(a), to eight hundred seventy-four(p), inclusive, creating a small claims court, prescribing the procedure therein, and prescribing the method of appealing therefrom, approved March 17, 1923,” is hereby repealed.

      Section 874p.  Each section and every part of each section is hereby declared independent, and if any section hereof or part of section hereof should be declared unconstitutional, it shall not affect the remaining sections or parts of sections; and it is hereby declared that the legislature would have adopted the remaining portion or portions of the act.

      Section 874q.  The general provisions of law now applicable to the proceedings in justices’ courts of this state not in conflict with this act shall apply so as to make the procedure in this act complete and effective.

      Sec. 2.  This act shall take effect upon its passage and approval.

 

 

 

 

 

Chapter repealed

 

 

 

 

 

 

Sections independent

 

 

 

 

General provisions of law to prevail

 

In effect

 

________

 

CHAPTER 175, AB 153

[Assembly Bill No. 153–Churchill County Delegation]

 

Chap. 175–An Act granting aid to the state agricultural society for the purpose of holding state fairs, the payment of premiums, and other purposes; and other matters connected therewith.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three thousand dollars ($3,000) for each of the years 1927 and 1928 is hereby appropriated, out of any moneys in the state treasury not otherwise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years.

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

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $3,000

 

 

 

Purpose of appropriation

 

________

 

 


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

ê1927 Statutes of Nevada, Page 302ê

CHAPTER 176, AB 175

 

 

 

 

 

 

 

 

 

 

 

 

 

Election of superintendent of public instruction

 

Qualifications

 

 

 

 

 

Repeal

[Assembly Bill No. 175–Mr. David]

 

Chap. 176–An Act to amend section 5 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected, and shall hold office for the term of four years from the first Monday in January next after the election and until his successor is elected and qualified. He shall be a graduate of the University of Nevada or a college of equal standard, shall hold a Nevada teacher’s certificate of the high school grade, and shall have had, at the time of his nomination, at least twenty credit hours in educational subjects, by actual attendance, at some standard college or university, and shall have had at the time of his election not less than forty-five months of successful teaching experience, at least twenty months of which shall have been in the State of Nevada.

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

 

________

 

CHAPTER 177, AB 176

 

[Assembly Bill No. 176–Mr. Swallow]

 

Chap. 177–An Act to amend section 1 of an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919.

 

[Approved March 29, 1927]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  A majority in number of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources,


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ê1927 Statutes of Nevada, Page 303 (CHAPTER 177, AB 176)ê

 

irrigation from a common source or combined sources, and by the same system or combined systems or works, may propose the organization of an irrigation district under this act; provided, said holders of title or evidence of title shall hold such title or evidence of title to at least one-half part of the total area of the land in the proposed district; provided further, that every signer of a petition for the organization of an irrigation district shall be the holder of title or evidence of title to at least five acres of land within the proposed district. The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received, including receipts or other evidence of rights of entrymen on land under any law of the United States, and such entrymen shall be competent signers of such petition, and the land on which they have made entries shall, for the purpose of said petition, be considered as owned by them. Such entrymen shall share all the privileges and obligations of freeholders and owners of private land within the district, under the several provisions of this act, including the right to vote and hold office, subject to the terms of the act of Congress entitled “An act to promote reclamation of arid lands,” approved August 11, 1916. The petitioners may determine in said petition whether the proposed district shall be divided into three, five, or seven divisions, and whether it shall have three, five or seven directors, but if no number is named in the petition the board of county commissioners may determine whether the number shall be three, five, or seven; provided, however, that when within a proposed irrigation district there exists one or more tracts of land belonging to the State of Nevada and susceptible of the same mode of irrigation or taking water for irrigation from the same source, system or combined systems as other privately owned lands within the proposed district, the governor of the State of Nevada, with the advice of the state engineer, may sign any petition for the organization of such irrigation district, and should such irrigation district be thereafter organized in accordance with the provisions of law, such lands so belonging to the State of Nevada shall be subject to the same rights, privileges and obligations as are or may be belonging to or imposed on the privately owned lands within the district, and in this respect and for the purposes of carrying out the provisions of the irrigation district act the heads of departments or the commissions or boards having supervision or control of the state institution to which such tracts or units of land are attached, for supervisory purposes, shall include in their report and biennial budget for submission to the governor and legislature such items or amounts as may from time to time become an obligation on the lands of the district.

Irrigation districts, how organized

Organizers must hold at least one-half of total area

Every signer must hold title to at least five acres

 

County assessment roll to be evidence; U. S. receipts also evidence

 

 

Privileges of entrymen

 

 

 

District to have 3, 5, or 7 divisions; how settled

 

 

 

 

 

Governor may sign petition for organization of irrigation district

 

 

 

Duties of certain officials

 

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ê1927 Statutes of Nevada, Page 304ê

CHAPTER 178, AB 177

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax receiver to advertise delinquent taxes

 

 

 

 

 

 

 

 

 

When publication by posting