[Rev. 12/19/2019 5:44:30 PM]

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ê1929 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

passed at the

THIRTY-FOURTH SESSION OF THE LEGISLATURE

 

1929

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Cowles]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 23, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand dollars ($60,000) which shall constitute the legislative fund.

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

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

      Sec. 4.  This act, having been declared an emergency measure, shall be in effect upon its approval.

 

 

 

 

 

 

 

 

 

Legislative appropriation, $60,000

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

In effect

 

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CHAPTER 2, SB 96

[Senate Bill No. 96–Introduced by Senator Dressler, March 4, 1927; vetoed by Governor F. B. Balzar, March 29, 1927; on request of Governor Balzar in his Message to the Thirty-fourth Session of the Nevada Legislature, bill passed over his veto January 29, 1929.]

 

Chap. 2–An Act pertaining to nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada.

 

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

Assembly, do enact as follows:

 

      Section 1.  No joint-stock company, association or corporation heretofore or hereafter organized or created under the laws of any state, territory or possession of the United States, or foreign country, or governmental authority other than the State of Nevada, for the purpose of engaging in the building and loan business, or whose principal and primary purpose is to borrow, loan or invest money, or dealing in investment certificates, or other similar business, except a banking business, shall be allowed to continue or do business, or sell its stock, its certificates, its debentures, or its investment certificates or contracts in this state after June first, 1927, until it shall have first complied with all the laws of this state authorizing it to do business therein, and also have deposited with the state treasurer the sum of $20,000 in money or bonds of the United States, or of a county or municipality of this state, or first mortgage upon real estate within this state, or other convertible securities, as a guarantee fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations, or corporations shall do business.

 


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ê1929 Statutes of Nevada, Page 2 (CHAPTER 2, SB 96)ê

 

 

 

Requirements of building and loan companies doing business in Nevada

 

 

 

 

 

 

 

Cash deposit of $20,000 required

 

 

 

Who to receive benefits of deposit

 

 

 

 

 

Deposit withdrawn, how and when

 

 

 

 

 

Deposit subject to writ of attachment

the laws of any state, territory or possession of the United States, or foreign country, or governmental authority other than the State of Nevada, for the purpose of engaging in the building and loan business, or whose principal and primary purpose is to borrow, loan or invest money, or dealing in investment certificates, or other similar business, except a banking business, shall be allowed to continue or do business, or sell its stock, its certificates, its debentures, or its investment certificates or contracts in this state after June first, 1927, until it shall have first complied with all the laws of this state authorizing it to do business therein, and also have deposited with the state treasurer the sum of $20,000 in money or bonds of the United States, or of a county or municipality of this state, or first mortgage upon real estate within this state, or other convertible securities, as a guarantee fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations, or corporations shall do business.

      Sec. 2.  No such deposit, except of cash, shall be valid for any purpose or be received by the state treasurer until the same shall be examined and approved by the state bank examiner and found by him to be of the value of $20,000 and to be readily convertible into cash, and a certificate of the bank examiner to that effect shall be filed with the state treasurer.

      Sec. 3.  No part of said fund so deposited shall be paid by the custodian thereof to or for the benefit of any person except one who entered into a contract for the purchase of securities upon which suit was brought within and while he was at least temporarily residing or employed within the State of Nevada, nor until proof that he has secured final judgment of a court of the State of Nevada or a federal court holden within said state has been filed with the custodian of such fund against such company, association or corporation.

      Sec. 4.  Any of the securities so deposited may be withdrawn at any time upon others of a similar nature and equal value, similarly approved by the bank examiner, being substituted in lieu thereof, or upon proof that said depositor has not for the period of at least two (2) years continuously last past, sold any securities within this state, has permanently retired from business therein, and that no suit is pending against it in any court of this state or federal court holden therein because of any sale of securities in this state.

      Sec. 5.  The deposits mentioned herein shall be and hereby are especially made subject to any writ of attachment, garnishment or execution issued out of any court of this state or federal court holden therein in any action arising out of the sale of any securities within this state. This section is a grant and not a limitation of power.


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ê1929 Statutes of Nevada, Page 3 (CHAPTER 2, SB 96)ê

 

      Sec. 6.  No such company, association or corporation shall be permitted to sell within this state any securities which are not by their terms at any time after one (1) year from date of sale, and upon all installments due or to become due during said year being fully paid, redeemable upon reasonable notice for an amount equal to at least the amount paid therefor together with interest at a rate of not less than four per centum per annum thereon.

      Sec. 7.  No such company, association or corporation shall sell any securities in this state until it has first submitted a form of contract and a financial statement to the bank examiner and received from him a license authorizing the sale of such securities and approving the form of contract to be used and securities to be sold, and the bank examiner shall not issue any such license until he has had exhibited to him a receipt of the state treasurer, and filed in his office a duplicate thereof, evidencing that the securities mentioned in section 2 of this act, duly approved by the bank examiner if not in cash, have been deposited as in this act provided, nor until and unless he shall have approved the form of securities and contract to be sold and satisfied himself that the financial and moral standing of the company, association or corporation are such that it is reasonably probable that it can and will perform its contract. The bank examiner shall keep on file copies of all licenses issued by him attached to the contracts or securities authorized and approved by him.

      Sec. 8.  The license mentioned in section 7 of this act shall authorize the company, association or corporation to whom it is issued, to sell its approved securities and contracts within this state for the period of one year from date thereof; provided, that no person shall, on behalf of any such company, association or corporation, solicit purchasers for any such securities, or contracts, who is not licensed so to do as provided in section 9 of this act.

      Sec. 9.  No person shall, as agent, representative, or employee of any such company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for sale of securities until he shall have been first licensed as a salesman or solicitor for sales of such stock by the bank examiner of this state, and no person shall be so licensed for a period of more than one year, nor unless he shall have first furnished to the bank examiner satisfactory evidence of personal integrity and a bond by a reliable surety company or two personal sureties to be approved by the bank examiner in the sum of two thousand dollars, conditioned for the reimbursement of any persons within this state who shall sustain financial loss through investment in any such securities which he was induced to make through any fraudulent misrepresentation of the principal in said bond.

 

Securities redeemable after one year with interest

 

 

 

 

Bank examiner must authorize sale of securities

 

 

 

 

 

 

 

 

License to sell securities to run for one year

 

 

 

 

Agents of company must be licensed and furnish bond


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ê1929 Statutes of Nevada, Page 4 (CHAPTER 2, SB 96)ê

 

Fee for license

 

 

 

Penalty for violation of act by company

 

 

 

 

Penalty for violation of act by agent

 

 

 

 

 

 

 

 

Penalty for violation of act by unlicensed person

 

Duties of bank examiner in event of financial loss

 

 

 

 

Effect of revocation of license

      Sec. 10.  For the issuing of any license provided for in section 8 of this act the fee of said bank examiner shall be the sum of one hundred dollars, and for any certificate provided for in section 9 hereof the sum of ten dollars. All sums so received by the bank examiner shall be forthwith delivered to the state treasurer.

      Sec. 11.  Any such company, association or corporation that shall violate any provision of this act or fraudulently misrepresent the terms of any contract for the sale of any such securities, and thereby secure a sale therefor, shall be guilty of gross misdemeanor, and upon conviction thereof shall be subject to a fine of not exceeding one thousand dollars and to forfeiture and revocation of any and all licenses issued to it under the provisions of this act.

      Sec. 12.  Any person licensed under section 9 of this act who shall violate any provision of this act, or sell any such securities as the result of any fraudulent misrepresentation as to the terms of the contract of sale, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or imprisonment in the county jail for not more than six months, or to both such fine and imprisonment, and the license issued to him shall be forfeited and revoked.

      Sec. 13.  Any person selling or offering for sale within this state any such securities of any such company, association or corporation which has not received the certificate provided for in section 8 of this act, or who shall not himself have secured the license provided for in section 9 of this act, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than five hundred dollars, or to imprisonment in the county jail for not exceeding six months, or to both such fine and imprisonment.

      Sec. 14.  Whenever it shall be made to appear to the bank examiner that any such company, association or corporation shall have suffered financial loss to the extent that, or from other cause, it is probable that it cannot or will not fulfill and perform the obligations of its contracts for the sale of such securities, either already in existence or thereafter to be entered into, it shall be the duty of the bank examiner to revoke any license or licenses theretofore issued to it and to refrain from issuing to it any further license or licenses until such conditions shall be remedied and overcome.

      Sec. 15.  The revocation of any license issued under any of the provisions of this act shall, from the date of such revocation, place the company, association, corporation, individual or person to whom it was issued in the same legal status and subject to the same prohibitions and penalties as one to whom no license has been issued.


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ê1929 Statutes of Nevada, Page 5 (CHAPTER 2, SB 96)ê

 

      Sec. 16.  The bank examiner may at any and all reasonable times demand from any such company, association or corporation a statement of its financial condition, and proof that it still has on deposit securities of the value of $20,000 provided in section 2, under oath of an officer thereof, and if a complete statement or proof of value shall not be furnished within thirty (30) days after such demand, may revoke any license theretofore issued to it under the provisions of this act and refuse to issue any new license until such statement or proof be furnished.

      Sec. 17.  No license shall be issued under the provisions of section 7 of this act unless a statement under oath of the applicant or an officer thereof showing fully and in detail the condition of the applicant therefor at a date not earlier than sixty days prior to the application for license shall be furnished to the bank examiner.

      Sec. 18.  Whenever in this act the words “such company, association or corporation,” or words of similar import shall be used, they shall be construed as referring to those enumerated in section 1 of this act, and whenever the words “such securities” or “securities” shall be used, they shall be construed as meaning the stock, certificates, debentures or investment certificates or contracts mentioned in section 1 hereof, and wherever the word “license” is used it shall be construed as meaning the license referred to in section 8 or section 9 hereof in accordance with which shall best carry into effect the meaning and provisions of this act. The words “Bank Examiner,” used in this act shall be construed as meaning the bank examiner of the State of Nevada, and the words “Treasurer,” or “State Treasurer,” as meaning the treasurer of the State of Nevada. Wherever the word “custodian” has been used it shall be construed as though “State Treasurer” has been used. Wherever the word “depositor” shall be used it shall be construed as meaning “company, association or corporation” that has made the deposit mentioned in section 2 of this act.

      Sec. 19.  Each section of this act shall be construed separately, and not as a necessary part of this act so that in the event of any part of this act being declared to be unconstitutional, it shall not affect the constitutionality of any other part of the act, but each section shall be construed as in itself a complete act.

      Sec. 20.  This act shall take effect immediately upon its passage and approval.

Senate Chamber,

State of Nevada.

January 29, 1929.

      This is to certify that Senate Bill No. 96 of the thirty-third session of the legislature of the State of Nevada entitled “An act pertaining to nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada,” passed the senate on the 24th day of January, 1929, notwithstanding the objections of the governor, by the following vote: Yeas, 17; nays, none; absent, none.

Bank examiner may demand financial statement

 

 

 

 

Statement to be filed prior to issuing license

 

 

Certain terms defined

 

 

 

 

 

 

 

 

 

 

 

 

 

Each section to be construed separately

 

 

In effect


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ê1929 Statutes of Nevada, Page 6 (CHAPTER 2, SB 96)ê

 

 

pertaining to nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada,” passed the senate on the 24th day of January, 1929, notwithstanding the objections of the governor, by the following vote: Yeas, 17; nays, none; absent, none.

Morley Griswold,

V. R. Merialdo,                                                                President of the Senate.

             Secretary of the Senate.

Assembly Chamber,

State of Nevada,

January 29, 1929.

      This is to certify that Senate Bill No. 96 of the thirty-third session of the legislature of the State of Nevada entitled “An act pertaining to nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada,” passed the assembly on the 28th day of January, 1929, notwithstanding the objections of the governor, by the following vote: Yeas, 36; nays, none; absent, none; not voting, 1.

R. C. Turrittin,

V. M. Henderson,                                                            Speaker of the Assembly.

             Chief Clerk of the Assembly.

 

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CHAPTER 3, SB 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for municipal swimming pool at Winnemucca

[Senate Bill No. 2–Humboldt County Delegation]

 

Chap. 3–An Act to authorize, empower and direct the city council of the city of Winnemucca, State of Nevada, to issue bonds for the purpose of creating a fund to be used for the construction of a municipal swimming pool and buildings, wells, equipment and plant necessary thereto, and the purchase and improvement of land for public parks and buildings thereon within the city limits of said city of Winnemucca, and the repair and improvement of said buildings; to levy a tax for the payment of interest on said bonds and the redemption thereof; the designation of said bonds; and other matters relating thereto.

 

[Approved February 4, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Winnemucca, Humboldt County, State of Nevada, is hereby authorized, empowered and directed to prepare and issue, in accordance with the provisions of this act, bonds of the said city of Winnemucca for an amount not to exceed the sum of twenty thousand dollars ($20,000), exclusive of interest, for the purpose of creating a fund to be used for the construction of a municipal swimming pool and buildings, wells, equipment and plant necessary thereto, and the purchase and improvement of land for public parks and buildings thereon within the limits of said city of Winnemucca, and the repair and improvement of said buildings.


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ê1929 Statutes of Nevada, Page 7 (CHAPTER 3, SB 2)ê

 

improvement of land for public parks and buildings thereon within the limits of said city of Winnemucca, and the repair and improvement of said buildings.

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

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

      Sec. 4.  The said bonds shall be designated “City of Winnemucca Municipal Swimming Pool and Park Bonds”; they shall be in denomination of five hundred dollars each; they shall be numbered consecutively and they shall bear interest at a rate not to exceed six per centum per annum, said interest payable semiannually on the first day of January and the first day of July each year, at the office of the city treasurer of the city of Winnemucca, until the said bonds are paid in full; and on the first day of July, 1931, and every twelve months thereafter, two of said bonds shall be redeemed and paid until all of said bonds so issued have been redeemed and paid in the order of issuance.

      Sec. 5.  The city council of the city of Winnemucca is hereby authorized to negotiate the sale of said bonds, or such number thereof as it may deem necessary from time to time, by publishing a notice of such proposed sale in a newspaper or newspapers of general circulation published in said city for at least four weeks before such bonds or said part or portion thereof are disposed of, inviting sealed bids to be made for the same, reserving and having the right to reject any and all bids; said bonds shall be sold only to the bidder making the best and most advantageous bid therefor; provided, that none of said 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; and provided further, that all bonds shall be payable in gold coin or currency of the United States; and provided further, that the city council may by resolution and not by ordinance authorize the sale of said bonds or any part or portion thereof.

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

 

 

City council to prepare bonds

 

 

 

 

 

 

 

 

Bonds to bear 6 per cent interest; how and when redeemed

 

 

 

 

 

 

Bonds to be sold for par value; payable in U. S. gold coin

 

 

 

 

 

 

 

 

 

Proceeds of sale to go into fund


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ê1929 Statutes of Nevada, Page 8 (CHAPTER 3, SB 2)ê

 

 

 

 

 

Special tax to be levied for payment of principal and interest

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city treasurer and city clerk

 

 

 

 

 

 

Interest to cease, when

 

 

Legality of bonds not open to contest

Faith of state pledged

fund to be known as “City of Winnemucca Municipal Swimming Pool and Park Fund,” and to pay out said moneys only for the purpose for which the same was received and in the same manner as other claims against the said city are presented, allowed and paid.

      Sec. 7.  For the purpose of creating a fund for the payment of the principal and interest of said bonds, or any part or portion thereof so issued, the city council is authorized, empowered and directed to levy and collect in the year 1929, and annually thereafter, a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the limits of the city of Winnemucca, until said bonds and the interest thereon shall have been fully paid and discharged, sufficient to pay the interest upon said bonds as the same may be issued and to provide a fund for the payment of the principal of the same according to their tenor and effect. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected and the proceeds thereof shall be kept by the said city treasurer in a special fund to be known as the “City of Winnemucca Municipal Swimming Pool and Park Bond Redemption Fund”; and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of the said bonds shall have been fully paid, and all of said bonds redeemed, all moneys remaining on hand in said special fund shall be transferred to the general fund of said city of Winnemucca.

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

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

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

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation imposed be omitted until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid as in this act specified.


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ê1929 Statutes of Nevada, Page 9 (CHAPTER 3, SB 2)ê

 

imposed be omitted until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid as in this act specified.

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

 

 

In effect

 

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CHAPTER 4, SB 17

[Senate Bill No. 17–Senator Henderson]

 

Chap. 4–An Act to amend section 95 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, the same being section 5037 of the Revised Laws of Nevada, 1912, and to repeal all acts in conflict therewith.

 

[Approved February 14, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 95 of the above-entitled act is hereby amended to read as follows:

      Section 95.  The pleadings on the part of the plaintiff are:

      1.  The complaint;

      2.  The demurrer to the answer;

      3.  The reply;

      4.  The demurrer to the cross-complaint;

      5.  The answer to the cross-complaint.

      And on the part of the defendant:

      1.  The demurrer to the complaint;

      2.  The answer;

      3.  The demurrer to the reply;

      4.  The cross-complaint;

      5.  The demurrer to the answer to the cross-complaint.

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

 

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Pleading of plaintiff; of defendant

 

 

 

 

 

 

 

 

 

 

In effect

 

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CHAPTER 5, SB 11

[Senate Bill No. 11–Senator Burt]

 

Chap. 5–An Act concerning Lincoln County officers and their deputies and fixing their compensation, and to repeal all other acts in relation thereto.

 

[Approved February 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The compensation of the respective officers of the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited, and paid monthly:

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Lincoln County


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ê1929 Statutes of Nevada, Page 10 (CHAPTER 5, SB 11)ê

 

County commissioners

 

 

 

Sheriff

Assessor

Treasurer

Clerk

Recorder and auditor

 

 

District attorney

 

Deputy sheriffs

 

 

 

 

 

 

 

 

Salaries full compensation for all services

 

 

 

 

 

 

 

In effect

      The county commissioners shall receive the sum of six hundred dollars per annum, and, in addition thereto, each commissioner shall be allowed mileage at the rate of ten cents per mile for each mile necessarily and actually traveled in attending regularly convened meetings of the board.

      The sheriff shall receive the sum of twenty-four hundred dollars per annum.

      The assessor shall receive the sum of eighteen hundred dollars per annum.

      The treasurer shall receive the sum of twenty-four hundred dollars per annum.

      The clerk shall receive the sum of eighteen hundred dollars per annum.

      The recorder, for services as county recorder, shall receive the sum of eight hundred dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred dollars per annum.

      The district attorney, who shall be ex officio public administrator, shall receive the sum of twenty-four hundred dollars per annum.

      Sec. 2.  The sheriff is hereby authorized and empowered to appoint two deputies at a salary of not to exceed one hundred fifty dollars each per month, of whom one shall be stationed at the county seat and act as jailer without additional compensation; the other shall be stationed at Caliente. The sheriff is also authorized and empowered to appoint additional deputies when and where necessary at a salary of not to exceed four dollars per day; provided, that none of said deputies may be appointed without the consent and approval of the county commissioners except in cases of emergency; provided further, that said salaries shall be allowed, audited and paid in the same manner as salaries of other officers.

      Sec. 3.  The salaries hereinbefore provided shall be payment in full for all services and ex officio services performed by the respective officers mentioned, and the county commissioners will have no authority to allow bills for deputies or assistants, other than emergency deputy sheriffs, unless, prior to the employment of any deputy or assistant, the county commissioners shall have entered an order upon their minutes authorizing said employment, fixing the compensation therefor, and designating the period thereof; provided, that the sheriff, the assessor, and the district attorney may, only upon filing receipts therefor, be allowed travel and hotel expense necessarily and actually incurred, not in excess of five dollars per day, if away from the county seat in the actual performance of their respective duties.

      Sec. 4.  This act shall take effect and be in full force from and after the first day of March, 1929.


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ê1929 Statutes of Nevada, Page 11 (CHAPTER 5, SB 11)ê

 

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

Repeal

 

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CHAPTER 6, SB 13

[Senate Bill No. 13–Senator Henderson]

 

Chap. 6–An Act to amend section seventy-five of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being section 5017 of the Revised Laws of Nevada, 1912, amended March 4, 1921.

 

[Approved February 19, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 75.  The clerk must place on the complaint the day, month and year the same is filed, and at any time within one year after the filing of the same the plaintiff may cause to be issued a summons thereon. The summons shall be issued and signed by the attorney of the plaintiff, or by the clerk, and when issued by the clerk shall be issued under the seal of the court. At the time of issuing the original summons or at any time thereafter the clerk, upon demand of the plaintiff, shall issue as many alias summonses, in the same form as the original, as may be required by the plaintiff.

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

 

 

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Complaint and summons

 

 

 

Unlimited alias summons

In effect

 

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CHAPTER 7, SB 32

[Senate Bill No. 32–Senator Fletcher]

 

Chap. 7–An Act to grant the right of way to Griffith H. Riddle and associates, their successors and assigns, to build and maintain a railroad through the county of Eureka, in the State of Nevada.

 

[Approved February 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way, 200 feet in width, is hereby given and granted to Griffith H. Riddle and his associates, their successors and assigns, to build, locate, maintain, and operate a railroad in and through the county of Eureka in this state as hereinafter provided.

 

 

 

 

 

 

 

 

 

 

 

Railroad right of way granted in Eureka County


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ê1929 Statutes of Nevada, Page 12 (CHAPTER 7, SB 32)ê

 

Description of grant

 

 

 

 

May construct telephone and telegraph lines

 

Survey and construction; when to begin

 

 

 

 

Rights and privileges conferred

 

 

 

 

Certain requirements to hold grant

 

 

In effect

      Sec. 2.  The right of way hereby granted is more particularly described as follows, to wit: Commencing at a point to be selected by grantees in township 21 N., R. 53 E., M. D. B. M., in Eureka County, thence approximately twenty-five miles to a point to be selected by grantees in township eighteen (18) north, range fifty-three (53) east, M. D. B. M., in Eureka County; and grantees shall also have the right and privilege to construct, maintain and operate a telegraph and telephone line over their route, for their use and benefit, and the right to connect with or cross any railroad that is now, or that may be built hereafter; but they shall not interfere with any existing right.

      Sec. 3.  The survey and location of said road shall be commenced in one year from and after the passage of this act, and recorded in the office of the secretary of state; the actual construction of said railroad and telegraph and telephone lines shall begin within three years from the date of passage of this act, and the same shall be completed, fully equipped and in running order within five years from the date of passage of this act.

      Sec. 4.  The said Griffith H. Riddle and his associates, their successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State of Nevada under and in pursuance of the provisions of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act.

      Sec. 5.  The right of way hereby granted is expressly given upon the condition that all the requirements mentioned in section 3 of this act shall be done and completed within the time herein named and unless so done and completed this grant shall be inoperative, rescinded and of no force and effect.

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

 

________

 


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

ê1929 Statutes of Nevada, Page 13ê

CHAPTER 8, SB 33

[Senate Bill No. 33–Senator Fletcher]

 

Chap. 8–An Act to grant the right of way to Griffith H. Riddle and associates, their successors and assigns, to build and maintain a railroad through the counties of Eureka and Nye, in the State of Nevada.

 

[Approved February 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way, 200 feet in width, is hereby given and granted to Griffith H. Riddle and his associates, their successors and assigns, to build, locate, maintain, and operate a railroad in and through the counties of Eureka and Nye in this state, as hereinafter provided.

      Sec. 2.  The right of way hereby granted is more particularly described as follows: Commencing at a point in Eureka County to be selected by grantees in township eighteen (18) north, range fifty-four (54) east, M. D. B. M., thence in a southwesterly direction, approximately one hundred and fifty (150) miles to a point to be selected by grantees in township six (6) north, range forty-nine and one half (49 1/2) east, M. D. B. M., Tybo, Nye County, Nevada; and grantees shall also have the right and privilege to construct, maintain and operate a telegraph and telephone line over their route, for their use and benefit, and the right to connect with or cross any railroad that is now, or that may be built hereafter; but they shall not interfere with any existing right.

      Sec. 3.  The survey and location of said road shall be commenced in one year from and after the passage of this act, and recorded in the office of the secretary of state; the actual construction of said railroad and telegraph and telephone lines shall begin within three years from the date of passage of this act, and the same shall be completed, fully equipped and in running order within five years from the date of passage of this act.

      Sec. 4.  The said Griffith H. Riddle and his associates, their successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State of Nevada under and in pursuance of the provisions of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act.

      Sec. 5.  The right of way hereby granted is expressly given upon the condition that all the requirements mentioned in section 3 of this act shall be done and completed within the time herein named and unless so done and completed this grant shall be inoperative, rescinded and of no force and effect.

 

 

 

 

 

 

 

 

 

 

 

Railroad right of way granted in Eureka and Nye Counties

 

Description of grant

 

 

 

 

 

May construct telephone and telegraph lines

 

Survey and construction; when to begin

 

 

 

Rights and privileges conferred

 

 

 

 

 

Certain requirements to hold grant


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

ê1929 Statutes of Nevada, Page 14 (CHAPTER 8, SB 33)ê

 

 

 

In effect

time herein named and unless so done and completed this grant shall be inoperative, rescinded and of no force and effect.

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

 

________

 

CHAPTER 9, AB 50

 

 

 

 

 

 

 

 

 

 

 

Railroad right of way granted in Eureka and White Pine Counties

 

Description of grant

 

 

 

May construct telephone and telegraph lines

 

Survey and construction; when to begin

 

 

 

 

Rights and privileges conferred

[Assembly Bill No. 50–Mr. Whitmore]

 

Chap. 9–An Act to grant the right of way to Griffith H. Riddle and associates, their successors and assigns, to build and maintain a railroad through the counties of Eureka and White Pine, in the State of Nevada.

 

[Approved February 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right of way 200 feet in width is hereby given and granted to Griffith H. Riddle and his associates, their successors and assigns, to build, locate, maintain, and operate a railroad in and through the counties of Eureka and White Pine, in this state, as hereinafter provided.

      Sec. 2.  The right of way hereby granted is more particularly described as follows, to wit: Commencing at the station of Eureka on the Eureka Nevada railway, in Eureka County, thence approximately thirty-six miles to a point to be selected by grantees in township fourteen (14) north, range fifty-seven (57) east, M. D. B. M., in White Pine County; and grantees shall also have the right and privilege to construct, maintain and operate a telegraph and telephone line over their route, for their use and benefit, and the right to connect with or cross any railroad that is now, or that may be built hereafter; but they shall not interfere with any existing right.

      Sec. 3.  The survey and location of said road shall be commenced in one year from and after the passage of this act, and recorded in the office of the secretary of state; provided, the actual construction of said railroad and telegraph and telephone lines shall begin within three years from the date of passage of this act, and the same shall be completed, fully equipped and in running order within five years from the date of passage of this act.

      Sec. 4.  The said Griffith H. Riddle and his associates, their successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State of Nevada under and in pursuance of the provisions of an act entitled “An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act.


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

ê1929 Statutes of Nevada, Page 15 (CHAPTER 9, AB 50)ê

 

act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act.

      Sec. 5.  The right of way hereby granted is expressly given upon the condition that all the requirements mentioned in section 3 of this act shall be done and completed within the time herein named and unless so done and completed this grant shall be inoperative, rescinded and of no force and effect.

      Sec. 6.  This act shall become effective from and after its passage and approval.

 

 

 

 

Certain requirements to hold grant

 

 

In effect

 

________

 

CHAPTER 10, SB 10

[Senate Bill No. 10–Senator Molini]

 

Chap. 10–An Act fixing the compensation of certain county officers of Esmeralda County in the State of Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number, and compensation of their deputies and attaches, and requiring said officers to make reports to the board of county commissioners of Esmeralda County; and repealing all acts and parts of acts in conflict therewith.

 

[Approved February 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers of Esmeralda County shall receive, in full payment of all services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of one thousand ($1,000) dollars per annum, and for his services as ex officio county assessor the sum of two thousand ($2,000) dollars per annum. The sheriff is hereby authorized to appoint one deputy sheriff, and said deputy shall receive a salary of six hundred ($600) dollars per annum as deputy sheriff, and twelve hundred ($1,200) dollars per annum as ex officio deputy county assessor; and he shall also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed, and in no case shall the compensation exceed the sum of one hundred fifty ($150) dollars per month for each deputy so appointed.

      The county clerk, for services as county clerk, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county treasurer the sum of sixteen hundred ($1,600) dollars per annum; and, where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty dollars per month for term of employment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Esmeralda County

Sheriff and ex officio assessor

 

 

 

 

 

 

 

 

County clerk


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

ê1929 Statutes of Nevada, Page 16 (CHAPTER 10, SB 10)ê

 

 

 

 

 

County recorder

 

 

 

 

 

District attorney

 

 

 

 

County commissioners

 

 

Salaries full compensation for all services

 

 

 

 

 

 

 

 

In effect

 

Repeal

services as ex officio county treasurer the sum of sixteen hundred ($1,600) dollars per annum; and, where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty dollars per month for term of employment.

      The county recorder, for services as county recorder, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred ($1,600) dollars per annum; and where the business of his office shall require, and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty dollars per month for term of employment.

      The district attorney of Esmeralda County shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred and fifty dollars per month for term of employment.

      The county commissioners of Esmeralda County shall receive the sum of six hundred ($600) dollars per annum each, and mileage at the rate of ten (10) cents per mile in going to the county seat when attending a session of the board.

      The above salaries shall be paid in equal monthly installments and 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 all percentages collected by the sheriff, as sheriff and ex officio assessor, shall be paid into the treasury of Esmeralda County, and no fees of any kind or character shall be allowed the above-named officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true, and correct reports of all fees collected by them monthly to the board of county commissioners of Esmeralda County. The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all of the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices.

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

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

 

________

 


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

ê1929 Statutes of Nevada, Page 17ê

CHAPTER 11, AB 4

[Assembly Bill No. 4–Mr. Mathews]

 

Chap. 11–An Act to amend an act entitled “An act to restore, adopt, fix, amplify, correct and establish, in certain contingencies, city and town plats, and to fix, settle, establish, determine and adjudicate real property rights affected thereby,” approved March 27, 1919.

 

[Approved February 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  That said act be amended by adding thereto an additional section to be known as section 9a, as follows:

      Section 9a.  In the event of any appeal, as mentioned in section 9 hereof, it shall only be necessary for the appellant to appeal from such part of the judgment, decree, order denying motion for new trial, etc., as applies to the particular controversy upon which such appeal is taken, and it shall only be necessary for such appellant to cause to be prepared, and for the clerk to prepare and certify to, on such appeal, such parts of the record on appeal, transcript on appeal, bill of exceptions, judgment record, etc., as apply to such particular controversy, or such appeal may be taken upon an agreed statement on appeal, or an agreed statement of facts stipulated to between the appellant and respondent and approved by said court or judge. Any number of such appeals may be taken separately by the several parties to such action, or one or more of such appellants may joint in one appeal. Except as herein otherwise provided, the proceedings on such appeal shall conform with the civil practice act of the State of Nevada.

      Sec. 2.  That said act be amended by adding thereto an additional section to be known as section 11a, as follows:

      Section 11a.  The court or judge trying said cause shall have full equitable jurisdiction to settle and determine all rights, conflicts and controversies arising out of any situation wherein it is claimed or alleged that improvements owned by any of the defendants encroach upon any streets, alleys or other public places. If it appear to the court or judge that any of the defendants have, or has, constructed improvements upon what appears, from the said maps or plats submitted, to comprise streets, alleys, or other public places in said city, and that the construction of such improvements was made by such defendant, or defendants, in good faith and in the supposition that such improvements were constructed within the property lines of such defendant, or defendants, or in reliance upon any map or plat supposed to be correct or authentic, or in reliance upon any monuments supposed to be correct or authentic, or in reliance upon the lines upon which other improvements in such block or in other blocks had been constructed, and if it appear that the retention of possession and the vesting of title in such defendants of such portions of the streets, alleys, or other public places can be maintained without material injury to the public, or to the other residents of said city, the court shall have full power and authority, in its findings and decree, to declare such title and possession vested in such defendant, or defendants; or may, in its discretion and in accordance with the facts, the law and the equities in the case, declare such possession and title vested in such defendant, or defendants, upon such terms as may be just and equitable, or upon the payment of such sums as may be right and proper by such defendant, or defendants, to the said city or town.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal, how taken

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court or judge to have full jurisdiction


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

ê1929 Statutes of Nevada, Page 18 (CHAPTER 11, AB 4)ê

 

 

 

 

 

 

Court may vest title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil practice act to govern proceedings

upon the lines upon which other improvements in such block or in other blocks had been constructed, and if it appear that the retention of possession and the vesting of title in such defendants of such portions of the streets, alleys, or other public places can be maintained without material injury to the public, or to the other residents of said city, the court shall have full power and authority, in its findings and decree, to declare such title and possession vested in such defendant, or defendants; or may, in its discretion and in accordance with the facts, the law and the equities in the case, declare such possession and title vested in such defendant, or defendants, upon such terms as may be just and equitable, or upon the payment of such sums as may be right and proper by such defendant, or defendants, to the said city or town. Nothing herein contained shall be construed as making it obligatory upon such court or judge to decree or vest title in any such defendant, or defendants, to property necessary for public use. Said court or judge may, in its findings and decree, recognize and approve any stipulation, otherwise appearing to be fair and equitable and without fraud or collusion, between the said city or town, on the one hand, as plaintiff, and any of the separate or several individual defendants, as to the establishing of such lines, and no such stipulation shall be invalid by reason of the fact that any other defendant, or defendants, shall not be parties thereto, save and except where such stipulation shall affect the actual property lines of other defendants. No such findings or decree shall be invalid by reason of misjoinder or nonjoinder of parties in or to said action, in the settlement of such individual conflicts.

      Sec. 3.  That section 9 of said act be, and the same hereby is, amended to read as follows:

      Section 9.  Findings of fact and conclusions of law and judgment shall be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in said civil practice act. The court or judge thereof shall in said findings and decree adopt, settle, determine, fix and establish a definite map or plat of said city or part or subdivision thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of said findings and judgment the said map or plat so adopted, settled, determined, fixed, and established. Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous, or faulty maps or plats have been insufficiently or incorrectly platted, numbered, or lettered, the omission, insufficiency or fault shall be supplied and corrected in accordance with such pleadings and proof. If the said map or maps or plat or plats prepared by said engineer as hereinbefore provided shall by reason of the said pleadings, proof, findings, and judgment be inadequate or impracticable of use for said judgment, the said judgment or decree may require the making of a new map or maps or plat or plats, in accordance with the provisions of the findings and judgment.


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

ê1929 Statutes of Nevada, Page 19 (CHAPTER 11, AB 4)ê

 

said pleadings, proof, findings, and judgment be inadequate or impracticable of use for said judgment, the said judgment or decree may require the making of a new map or maps or plat or plats, in accordance with the provisions of the findings and judgment. A certified copy of such judgment, together with such map or maps or plat or plats as shall finally be adopted, settled, determined, fixed, and established by the said court, shall be filed in the office of the county recorder of the county in which said action is tried. All the ties and descriptions of section or quarter-section corners, monuments, or marks required by section 2 of this act shall appear on such map finally established by said judgment. The county recorder shall be entitled to collect and receive as his fees for recording and indexing the certified copy of said judgment and map the following sums, namely, $10 for said map, and regular charges, as provided by law, for said decree, but not exceeding $50.

      The judgment may require that all prior existing maps in conflict with the map or plat adopted, shall be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.

      Sec. 4.  That said act be amended by adding thereto an additional section to be known as section 14, as follows:

      Section 14.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 5.  That said act be amended by adding thereto an additional section to be known as section 15, as follows:

      Section 15.  This act shall be effective on and after its passage and approval.

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

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

 

New map, when

 

Judgment

 

 

 

 

County recorder’s fee

 

 

 

Substitution of new map

 

 

New sections added

 

 

 

 

 

In effect

 

Repeal

 

________

 

CHAPTER 12, Senate Substitute for Assembly Bill No. 20

[Senate Substitute for Assembly Bill No. 20–Committee on Counties and County Boundaries]

 

Chap. 12–An Act authorizing and directing the boards of county commissioners of the State of Nevada to fix the salary or compensation of township officers, and repealing all acts or parts of acts in conflict therewith.

 

[Approved February 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the mandatory duty of the several boards of county commissioners of each county of this state, at the regular meeting in July of any year in which an election of township officers is held, to fix the compensation of the several township officers within their respective townships for the ensuing term, either by stated salaries, payable monthly, or by fees, as provided by law, or both.

 


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

ê1929 Statutes of Nevada, Page 20 (CHAPTER 12, Senate Substitute for Assembly Bill No. 20)ê

 

County commissioners to fix compensation of township officers

 

To apply to new appointments

 

 

 

Intent of legislature defined

 

 

 

Certain acts repealed

 

In effect

an election of township officers is held, to fix the compensation of the several township officers within their respective townships for the ensuing term, either by stated salaries, payable monthly, or by fees, as provided by law, or both.

      Sec. 2.  If it becomes necessary to appoint any township officer at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which said officer is appointed.

      Sec. 3.  Any action of a board of county commissioners abolishing a salary paid to any township officer, heretofore established or fixed by special action of the legislature, and providing for the compensation of such office or officers thereafter by fees alone, or otherwise, shall not be deemed as abolishing such office, it being the express intent of the legislature that in future the compensation of the several township officers throughout the state shall be fixed by the boards of county commissioners.

      Sec. 4.  All acts or parts of acts, either general or special, fixing the salary and compensation of justices of the peace or constables in the several counties of this state, and or in conflict with the provisions of this act, are hereby repealed.

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

 

________

 

CHAPTER 13, AB 25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal action in court, when

[Assembly Bill No. 25–Mr. Fuss]

 

Chap. 13–An Act to amend an act entitled “An act to restore, adopt, fix, amplify, correct, and establish, in certain contingencies, city and town plats, and to fix, settle, establish, determine and adjudicate real property rights affected thereby,” approved March 27, 1919.

 

[Approved February 21, 1929]

 

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.  Within thirty days after the expiration of the said sixty days from the date of said first publication, said city council, or other legislative board of said city, shall commence an action in the district court of the State of Nevada, in and for the county in which said city is situate, in which such city shall be the party plaintiff and in which shall be jointed as parties defendant all persons who are by the plaintiff known to have, or appear by the assessor’s lists in said county to have, any interest, whether legal or equitable, and whether in possession or expectancy, in or to any of the blocks, lots, or any other pieces or parcels of property whose title would be affected by the adoption of said map or maps or plat or plats.


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

ê1929 Statutes of Nevada, Page 21 (CHAPTER 13, AB 25)ê

 

in said county to have, any interest, whether legal or equitable, and whether in possession or expectancy, in or to any of the blocks, lots, or any other pieces or parcels of property whose title would be affected by the adoption of said map or maps or plat or plats. Such action shall be commenced by the filing of a complaint, in which the plaintiff shall set forth the making and filing of said map or maps, plat or plats, in accordance with the provisions of this act and the other and further things and notices herein required. Together with said complaint the said plaintiff shall file such map or maps, or plat or plats, together with such written objections or exceptions thereto as may have been filed as herein provided and shall pray said court for an order adopting, fixing and establishing said map or maps, or plat or plats, and fixing, settling, establishing, determining, and adjudicating the points, lines, descriptions, metes, bounds, names, numbers, and letters of all blocks, lots, streets, alleys, highways, parks, schools, cemeteries, and other properties devoted to public use and all lines and corners therein shown. At the time of commencing such action the plaintiff shall cause to be filed in the office of the county recorder of the county in which said property is situate a notice of the pendency of said action, and such notice, when recorded, shall be considered a notice thereof to all persons to the extent and effect now provided in the civil practice act of the State of Nevada. The summons shall be served as provided in sections 80 to 92 of the civil practice act, being sections 5022 to 5034 of the Revised Laws of the State of Nevada, 1912, as amended; provided, that if said corrections shall not change the boundaries in any property owner’s property, the summons shall be served by publication thereof for four consecutive weeks in some newspaper in the county in which the property is situated, and such publication shall be deemed to be legal service thereof.

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

 

 

 

 

 

 

Method of procedure

 

 

 

 

 

 

 

 

 

 

Summons

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 14, AB 66

[Assembly Bill No. 66–Committees on Ways and Means and Claims]

 

Chap. 14–An Act to provide for the payment of deficiencies of various state institutions and departments accrued during the year 1928.

 

[Approved February 26, 1929]

 

      Whereas, During the year 1928 the appropriations for the state bank examiner’s office and Nevada tax commission, public service commission, and the state orphans’ home were found inadequate to meet the expenses necessary to properly maintain the departments mentioned; and

 

 

 

 

 

 

 

Deficiencies in state departments


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

ê1929 Statutes of Nevada, Page 22 (CHAPTER 14, AB 66)ê

 

Deficiencies in state departments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $13,813.69

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

      Whereas, Upon such presentation the state board of examiners, by authority of chapter 165, Statutes of 1915, did declare an extreme emergency to exist relative to the above-named appropriations; and by unanimous resolution did, on the following dates, authorize deficiencies as follows: Support of the state bank examiner’s office and Nevada tax commission, December 20, 1928, $1,390.96; public service commission, December 20, 1928, $4,436.73; Nevada state orphans’ home, December 20, 1928, $7,986; and

      Whereas, By authority of such deficiency resolutions, claims were contracted by the departments and commissions named for the following amounts: State bank examiner’s office and Nevada tax commission, $1,390.96; public service commission, $4,436.73; and Nevada state orphans’ home, $7,986; and deficiency claims were issued therefor; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of thirteen thousand eight hundred thirteen dollars and sixty-nine cents ($13,813.69) is hereby appropriated, out of any moneys in the general fund of the state not otherwise appropriated, for the payment of the deficiencies referred to in the preamble hereto, and the state controller is directed to draw his warrants for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrants covering said amount, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 15, AB 89

 

[Assembly Bill No. 89–Washoe County Delegation]

 

Chap. 15–An Act to amend section 1 of an act entitled “An act relating to the compensation of certain county officers in Washoe County, State of Nevada, and to repeal all acts in conflict herewith,” approved March 20, 1923.

 

[Approved February 28, 1929]

 

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.  From and after the passage of this act, the sheriff of Washoe County is hereby authorized and empowered to appoint one undersheriff, who shall receive the sum of two hundred ($200) dollars per month; one chief criminal deputy sheriff, who shall receive the sum of one hundred and seventy-five ($175) dollars per month; and two jailers, each of whom shall receive the sum of one hundred and fifty ($150) dollars per month.


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

ê1929 Statutes of Nevada, Page 23 (CHAPTER 15, AB 89)ê

 

sheriff of Washoe County is hereby authorized and empowered to appoint one undersheriff, who shall receive the sum of two hundred ($200) dollars per month; one chief criminal deputy sheriff, who shall receive the sum of one hundred and seventy-five ($175) dollars per month; and two jailers, each of whom shall receive the sum of one hundred and fifty ($150) dollars per month.

Sheriff to appoint deputies; salaries

 

________

 

CHAPTER 16, AB 22

[Assembly Bill No. 22–Mr. Mathews]

 

Chap. 16–An Act to amend an act entitled “An act to provide for the destruction of noxious animals, and to repeal an act relating thereto,” approved February 3, 1887, as amended March 24, 1911, as amended February 28, 1913, and as amended March 12, 1917.

 

[Approved February 28, 1929]

 

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.  If any person shall take or kill within this state any of the following noxious animals, he shall be entitled to receive, out of the treasury of the county within which such animals shall have been taken, the following bounties, to wit: For every mountain lion, five dollars; all of which bounties shall be subject to the provisions of this act.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Counties to pay bounties for mountain lion

 

 

In effect

 

________

 


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

ê1929 Statutes of Nevada, Page 24ê

CHAPTER 17, SB 27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Refund of tax to certain operators

 

 

 

 

 

 

How refund is obtained

[Senate Bill No. 27–Senator Miller]

 

Chap. 17–An Act to amend an act entitled “An act to provide an excise tax on the sale of gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles; to provide for the collection thereof; to provide a manner of ascertaining the number of gallons of gasoline, distillate and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles sold or distributed in the State of Nevada; to provide for the registration of dealers engaged in the distribution of and sale of gasoline, distillate and other volatile and inflammable liquid fuels; to fix a penalty for the violation of the provisions of this act; to define certain words, terms and phrases herein, and to repeal all other acts or parts of acts in conflict herewith,” approved March 20, 1923, as amended March 21, 1925.

 

[Approved March 1, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 4.  Any person, firm, or corporation, who shall buy and use any motor vehicle fuel, as defined in this act, for the purpose of operating or propelling stationary gas engines, tractors, farm tractors, harvesting machines, aeroplanes or motor boats, or who shall purchase or use any of such fuel for cleaning or dyeing or other commercial use of the same, except in a motor vehicle operated or intended to be operated upon any of the public highways of the State of Nevada, and who shall have paid any tax on motor-vehicle fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by adding such amount of such tax to the price of such fuel and paid by the consumer, shall be reimbursed and repaid the amount of such tax paid by him upon presenting to the Nevada tax commission of the State of Nevada an affidavit, accompanied by the original invoices, showing such purchase, which affidavit shall be verified by the oath of such affiant, and shall state the total amount of such fuel so purchased and used by such consumer, other than in motor vehicles operated or intended to be operated upon any of the public highways of the State of Nevada, and said Nevada tax commission, upon the presentation of such affidavit and such vouchers, shall cause to be repaid to such consumer from the taxes collected on motor vehicle fuels the said taxes so paid by such consumer on fuels purchased and used, other than for motor vehicles as aforesaid; provided, that application for refunds as provided herein must be filed with the Nevada tax commission within ninety days from the date of purchase, otherwise all rights to such refunds shall be forfeited; provided, however, that the Nevada tax commission shall provide reasonable rules and regulations for the sale of motor vehicle fuel, free of the excise tax provided for by the provisions of this act, by any person, firm, association or corporation to the government of the United States or any department thereof, upon the receipt of a written statement signed by a duly authorized agent, officer, or employee of the United States government stating that such officer, agent, or employee is authorized to make such purchase of motor vehicle fuel for and on behalf of the United States government and that such motor vehicle fuel will be used by the United States government or by its officers, agents, and employees for official use only.


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

ê1929 Statutes of Nevada, Page 25 (CHAPTER 17, SB 27)ê

 

on fuels purchased and used, other than for motor vehicles as aforesaid; provided, that application for refunds as provided herein must be filed with the Nevada tax commission within ninety days from the date of purchase, otherwise all rights to such refunds shall be forfeited; provided, however, that the Nevada tax commission shall provide reasonable rules and regulations for the sale of motor vehicle fuel, free of the excise tax provided for by the provisions of this act, by any person, firm, association or corporation to the government of the United States or any department thereof, upon the receipt of a written statement signed by a duly authorized agent, officer, or employee of the United States government stating that such officer, agent, or employee is authorized to make such purchase of motor vehicle fuel for and on behalf of the United States government and that such motor vehicle fuel will be used by the United States government or by its officers, agents, and employees for official use only.

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

 

 

 

 

Fuel sold to U. S. government for official use exempt from tax

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 18, SB 47

[Senate Bill No. 47–Senator James]

 

Chap. 18–An Act regulating the salaries of the officers of Storey County, State of Nevada.

 

[Approved March 1, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers within Storey County, Nevada, shall receive in full payment for all services rendered by them, the following salaries:

      The sheriff, for services and as ex officio assessor, shall receive the sum of twenty-two hundred and twenty ($2,220) dollars a year; the sheriff may appoint a deputy sheriff, who shall also be jailer. The deputy sheriff, for services as deputy sheriff and jailer, shall receive sixteen hundred and eighty ($1,680) dollars a year.

      The county clerk and ex officio county treasurer shall receive twenty-one hundred ($2,100) dollars a year.

      The county recorder, for services as county recorder and ex officio county auditor, shall receive the sum of eighteen hundred ($1,800) dollars a year.

      The district attorney shall receive the sum of eighteen hundred ($1,800) dollars a year.

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Storey County

Sheriff and ex officio assessor; deputy

 

 

County clerk and treasurer

Recorder and auditor

 

District attorney


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

ê1929 Statutes of Nevada, Page 26 (CHAPTER 18, SB 47)ê

 

County commissioners

 

 

 

Repeal

In effect

      The county commissioners shall each receive the sum of four hundred and eighty ($480) dollars a year for performing all duties imposed by law.

      The salaries shall be paid in twelve equal monthly installments.

      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 full force from and after the first day of January, 1930.

 

________

 

CHAPTER 19, AB 16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount apportioned by state superintendent

 

 

 

 

 

Basis of apportionment

[Assembly Bill No. 16–Mr. Mulcahy]

 

Chap. 19–An Act to amend section 2 of an act entitled “An act to authorize county commissioners, in counties not having county high schools, to aid district high schools, under certain conditions, and matters properly connected therewith,” approved March 9, 1915; and as amended, Statutes 1925, 328, 329.

 

[Approved March 1, 1929]

 

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.  In counties having more than one district high school affected by the provisions of this act, the amount raised by the county for high school purposes, as provided in section 1 hereof, shall be apportioned by the superintendent of public instruction at the time of each semiannual apportionment of the state and county school moneys in January and July, on the basis of the number of teachers to which each district high school is entitled as shown by the average daily attendance for the school year last preceding that in which the apportionment is made, as follows: A school having an average daily attendance of not more than fifty pupils shall receive an apportionment on one teacher for each twelve pupils in average daily attendance. A school having an average daily attendance of more than fifty pupils and not more than two hundred pupils shall receive an apportionment on one teacher for each sixteen pupils in average daily attendance. A school having an average daily attendance of more than two hundred pupils and not more than three hundred pupils shall receive an apportionment on one teacher for each eighteen pupils in average daily attendance. A school having an average daily attendance of more than three hundred pupils shall receive an apportionment on one teacher for each twenty pupils in average daily attendance.


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

ê1929 Statutes of Nevada, Page 27 (CHAPTER 19, AB 16)ê

 

daily attendance. In making the apportionment between two or more high schools in the same county, fractional parts for the number of teachers shall not be disregarded. Nothing in this section shall be construed to prevent any school from employing as many teachers as may be deemed necessary by the board of trustees thereof. It is hereby provided that the money so apportioned shall be kept by the treasurer and auditor in separate funds for each high school district and shall be used for high school purposes and no other.

Basis of apportionment

 

________

 

CHAPTER 20, AB 58

[Assembly Bill No. 58–Committee on Ways and Means]

 

Chap. 20–An Act to repeal section 103 of an act entitled “An act providing a general corporation law,” approved March 16, 1903, as amended.

 

[Approved March 1, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 103 of that certain act of the legislature of the State of Nevada entitled “An act providing a general corporation law,” approved March 16, 1903, as approved and amended, is hereby repealed.

 

 

 

 

 

 

 

 

 

 

Section 103 repealed

 

________

 

CHAPTER 21, AB 126

[Assembly Bill No. 126–Mr. McGill]

 

Chap. 21–An Act providing an appropriation for the payment of delinquent salaries of certain employees of the State of Nevada, and other matters in relation thereto.

 

[Approved March 1, 1929]

 

      Whereas, There is now due, owing and unpaid from the State of Nevada to numerous employees, in regular employment, since the first day of January, 1929, for which claims have been filed and warrants drawn therefor, but which have not been paid for the reason that the funds from which said warrants are payable have been depleted, certain sums; and

      Whereas, All of said claims are just and legal demands against the State of Nevada; and

      Whereas, The sum of said claims in twenty-three thousand nine hundred and twenty ($23,920) dollars as shown by the warrants issued; now, therefore,

 

 

 

 

 

 

 

 

 

Salaries for state employees provided


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

ê1929 Statutes of Nevada, Page 28 (CHAPTER 21, AB 126)ê

 

 

 

 

 

 

 

Appropriation, $23,920

 

 

 

 

 

General fund to be reimbursed

In effect

nine hundred and twenty ($23,920) dollars as shown by the warrants issued; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any funds in the state treasury, not otherwise specially appropriated, the sum of twenty-three thousand nine hundred and twenty ($23,920) dollars for the payment of claims referred to in the preamble hereto, and the state treasurer of the State of Nevada is hereby authorized and directed to pay said warrants therefrom.

      Sec. 2.  When the budget appropriation for the various departments affected by the provisions of this act shall be made for the biennium of 1929-1930, the sum hereby appropriated shall be repaid to the general fund.

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 22, AB 3

 

 

 

 

 

 

 

 

 

Courts granted power to make declaratory judgments

 

 

 

Rights of person may be determined

 

 

 

 

Contract construed

[Assembly Bill No. 3–Mr. Mathews]

 

Chap. 22–An Act providing for declaratory judgments.

 

[Approved March 4, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

      Sec. 2.  Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

      Sec. 3.  A contract may be construed either before or after there has been a breach thereof.

      Sec. 4.  Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

 


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

ê1929 Statutes of Nevada, Page 29 (CHAPTER 22, AB 3)ê

 

administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

      (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or

      (b) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

      (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

      Sec. 5.  The enumeration in sections 2, 3 and 4 does not limit or restrict the exercise of the general powers conferred in section 1 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

      Sec. 6.  The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

      Sec. 7.  All orders, judgments and decrees under this act may be reviewed as other orders, judgments and decrees.

      Sec. 8.  Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.

      Sec. 9.  When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

      Sec. 10.  In any proceeding under this act the court may make such award of costs as may seem equitable and just.

      Sec. 11.  When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney-general of the state shall also be served with a copy of the proceeding and be entitled to be heard.

      Sec. 12.  This act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

Declaration of rights in certain cases

 

 

 

 

 

 

General powers not restricted

 

 

Court may refuse decree, when

 

Orders may be reviewed

 

Further relief may be granted

 

 

 

 

Issues of fact determined as in civil cases

 

Court to make award

 

Who made parties to action


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

ê1929 Statutes of Nevada, Page 30 (CHAPTER 22, AB 3)ê

 

Act remedial

 

“Person” construed

 

 

 

Sections independent

 

 

Uniformity of interpretation

 

Short title

In effect

is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

      Sec. 13.  The word “person” wherever used in this act shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

      Sec. 14.  The several sections and provisions of this act except sections 1 and 2 are hereby declared independent and severable, and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.

      Sec. 15.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

      Sec. 16.  This act may be cited as the “Uniform Declaratory Judgments Act.”

      Sec. 17.  This act shall be in force and effect from and after its passage and approval.

 

________

 

CHAPTER 23, SB 15

 

 

 

 

 

 

 

 

 

Claims must be presented within six months

 

 

 

 

Provisions of section 1 must be complied with

 

Claim void when once rejected

[Senate Bill No. 15–Senator Berney]

 

Chap. 23–An Act concerning claims and accounts against incorporated cities.

 

[Approved March 5, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  All demands and accounts and all claims of whatsoever kind, character or nature, or however the same may have originated against any incorporated city in this state, must be presented to the city council of said city, duly authenticated, within six months from the time such demands or accounts became due or payable, and within six months from the time the acts from which said claims originated shall happen.

      Sec. 2.  No demand, account, or such claim against any incorporated city in this state shall be audited, considered, allowed or paid by the city council or any officer or officers of said incorporated city unless the provision of section 1 of this act shall have been strictly complied with.

      Sec. 3.  No demand, account or such claim which has once been rejected shall ever again be considered or allowed by the same or any subsequently elected or appointed city council of the same city.


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

ê1929 Statutes of Nevada, Page 31 (CHAPTER 23, SB 15)ê

 

      Sec. 4.  This act shall be in full force from and after the date of its passage and approval.

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

In effect

 

Repeal

 

________

 

CHAPTER 24, SB 16

[Senate Bill No. 16–Senator Berney]

 

Chap. 24–An Act to amend section 2 of an act entitled “An act authorizing and empowering the boards of county commissioners of the several counties of this state to exploit and promote the agricultural, mining, and other resources, progress, and advantages of their respective counties; providing ways and means for this purpose, and repealing all acts and parts of acts in conflict herewith,” approved March 1, 1915.

 

[Approved March 5, 1929]

 

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.  Such expenditures as may by the board of county commissioners of any county in this state be decided upon shall be met by including the same in the annual tax levy of and for that county; provided, that the tax levy shall not in any one year exceed three (3) cents on each one hundred dollars of the assessed valuation of the property in that county; provided further, that pending the accumulation and setting aside of the fund for the purpose authorized by this act, said boards of county commissioners are hereby authorized and empowered to pledge their respective counties for said purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expenses to be met by tax levy

Proviso

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 32ê

CHAPTER 25, SB 28

 

 

 

 

 

 

 

 

 

 

 

Deficiency appropriation for district judges

 

 

 

 

 

 

 

Duties of controller and treasurer

 

In effect

[Senate Bill No. 28–Senator Miller]

 

Chap. 25–An Act to pay the deficiency in the appropriation for district judges’ traveling expenses for the years 1927-1928.

 

[Approved March 5, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one thousand, eight hundred seventy-one and 50/100 ($1,871.50) dollars is hereby appropriated out of any moneys in the general fund of this state for the payment of the deficiency in the appropriation for the years 1927-1928 of the district judges’ traveling expenses as follows:

      George A. Ballard, judge of the First judicial district, $188.95; George A. Bartlett, judge of the Second judicial district, $165.65; W. R. Reynolds, judge of the Third judicial district, $198.03; E. P. Carville, judge of the Fourth judicial district, $256.74; L. O. Hawkins, judge of the Sixth judicial district, $67.59; J. Emmett Walsh, judge of the Seventh judicial district, $124.21; Clark J. Guild, judge of the Eighth judicial district, $398.80; H. W. Edwards, judge of the Ninth judicial district, $312.72; Wm. E. Orr, judge of the Tenth judicial district, $158.81.

      Sec. 2.  The state controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this act, and the state treasurer is hereby directed to pay the same.

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

 

________

 

CHAPTER 26, SB 41

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 41–Senator Henderson]

 

Chap. 26–An Act authorizing and empowering the regents of the University of Nevada to receive grants of money appropriated under that certain act of the Congress of the United States of America entitled “An act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act entitled ‘An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States department of agriculture.”

 

[Approved March 5, 1929]

 

      Whereas, The Congress of the United States has passed an act approved by the president May 22, 1928, entitled “An act to provide for the further development of agriculture extension work between the agricultural colleges in the several states receiving the benefits of the act entitled ‘An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States department of agriculture”; and

 


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

ê1929 Statutes of Nevada, Page 33 (CHAPTER 26, SB 41)ê

 

“An act to provide for the further development of agriculture extension work between the agricultural colleges in the several states receiving the benefits of the act entitled ‘An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States department of agriculture”; and

      Whereas, It is provided in the aforesaid act that the grants of money authorized by this act shall be paid annually to “each state which shall by action of its legislature assent to the provisions of this act”; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the assent of the State of Nevada, by its legislature be, and it is hereby, given to the provisions and requirements of said act, and that the regents of the University of Nevada be, and they are hereby, authorized and empowered to receive the grants of money appropriated under said act.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Regents authorized to receive grants

 

________

 

CHAPTER 27, AB 71

[Assembly Bill No. 71–Mr. Richard]

 

Chap. 27–An Act to establish commissioner districts in the county of Lincoln, and providing for the election of members of the board of county commissioners thereof.

 

[Approved March 5, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Within ninety days after the passage of this act the board of county commissioners of Lincoln County shall divide said county into three commissioner districts in such manner that the towns of Pioche and Panaca shall be in the first district, the town of Caliente in the second district, and the towns of Alamo and Hiko in the third district. They shall also establish election precincts within such county in such manner that each and every election precinct shall be wholly within some one of said districts.

      Sec. 2.  At every election hereafter at which county commissioners are to be elected, one member of the board of county commissioners shall be elected from each one of said districts in which a vacancy may exist, or may impend because of the expiration of the term of office of the incumbent member from that district; provided, that commencing with district No. 1 at the general election of 1930, each of said districts shall in turn be entitled to elect the long-term commissioner in the order in which said districts are numbered; and provided further, that no two commissioners shall serve at one and the same time from any one district.

 

 

 

 

 

 

 

 

 

 

 

Commissioner districts established in Lincoln County

 

 

 

 

County commissioners elected; how and when


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

ê1929 Statutes of Nevada, Page 34 (CHAPTER 27, AB 71)ê

 

 

 

Qualification of commissioners

commissioner in the order in which said districts are numbered; and provided further, that no two commissioners shall serve at one and the same time from any one district.

      Sec. 3.  Candidates for the office of county commissioner for the respective districts shall be qualified electors and residents of the district for which they are candidates.

 

________

 

CHAPTER 28, SB 50

 

 

 

 

 

 

 

 

 

 

 

 

Terms defined

 

 

 

 

 

 

 

 

 

 

 

Appointment of guardian

 

Guardian may not act for more than five wards

[Senate Bill No. 50–Senator Bush]

 

Chap. 28–An Act concerning the guardianship of incompetent veterans and of minor children of disabled or deceased veterans, and the commitment of veterans, and to make uniform the law with reference thereto.

 

[Approved March 5, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  As used in this act:

      The term “person” includes a partnership, corporation or an association.

      The term “bureau” means the United States veterans’ bureau or its successor.

      The terms “estate” and “income” shall include only moneys received by the guardian from the bureau and all earnings, interest and profits derived therefrom.

      The term “benefits” shall mean all moneys payable by the United States through the bureau.

      The term “director” means the director of the United States veterans’ bureau or his successor.

      The term “ward” means a beneficiary of the bureau.

      The term “guardian” as used herein shall mean any person acting as a fiduciary for a ward.

      Sec. 2.  Whenever, pursuant to any law of the United States or regulation of the bureau, the director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided.

      Sec. 3.  Except as hereinafter provided it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the bureau under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in said case.


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

ê1929 Statutes of Nevada, Page 35 (CHAPTER 28, SB 50)ê

 

      The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards’ estates only. An individual may be guardian of more than five wards if they are all members of the same family.

      Sec. 4.  A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the bureau to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

      The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that such ward is entitled to receive moneys payable by or through the bureau, and shall set forth the amount of moneys then due and the amount of probable future payments.

      The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

      In case of a mentally incompetent ward the petition shall show that such has been rated incompetent on examination by the bureau in accordance with the laws and regulations governing the bureau.

      Sec. 5.  Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the bureau, shall be prima-facie evidence of the necessity for such appointment.

      Sec. 6.  Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the director, or his representative, setting forth the fact that such person has been rated incompetent by the bureau on examination in accordance with the laws and regulations governing such bureau, and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the bureau, shall be prima-facie evidence of the necessity for such appointment.

      Sec. 7.  Upon the filing of a petition for the appointment of a guardian, under the provisions of this act, the court shall cause such notice to be given as provided by law.

When limitation not to apply

 

Petition for appointment of guardian

 

 

 

 

 

What petition shall set forth

 

 

 

 

 

 

 

 

Appointment of guardian for minor ward

 

 

 

Appointment of guardian for mentally incompetent ward

 

 

 

 

Notice to be given


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

ê1929 Statutes of Nevada, Page 36 (CHAPTER 28, SB 50)ê

 

Court to investigate applicant; bond required

 

 

 

 

 

 

 

 

 

 

 

Guardian to make annual accounting to court

 

 

 

 

 

 

 

 

 

Failure to make accounting grounds for removal

 

Compensation of guardian

      Sec. 8.  Before making an appointment under the provisions of this act the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. Upon the appointment being made the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The said bond shall be in the form and be conditioned as required of guardians appointed under the guardianship laws of this state. The court shall have power from time to time to require the guardian to file an additional bond.

      Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

      Sec. 9.  Every guardian, who shall receive on account of his ward any moneys from the bureau, shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested. A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the bureau having jurisdiction over the area in which such court is located. The court shall fix a time and place for the hearing on such account not less than fifteen days nor more than thirty days from the date of filing same and notice thereof shall be given by the court to the aforesaid bureau office not less than fifteen days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian.

      Sec. 10.  If any guardian shall fail to file any account of the moneys received by him from the bureau on account of his ward within thirty days after such account is required by either the court or the bureau, or shall fail to furnish the bureau a copy of his accounts as required by this act, such failure shall be grounds for removal.

      Sec. 11.  Compensation payable to guardian shall not exceed five per cent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the bureau in the manner provided in section 9. No compensation shall be allowed on the corpus of an estate received from a preceding guardian.


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

ê1929 Statutes of Nevada, Page 37 (CHAPTER 28, SB 50)ê

 

guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond.

      Sec. 12.  Every guardian shall invest the funds of the estate in such manner or in such securities, in which the guardian has no interest, as allowed by law or approved by the court.

      Sec. 13.  A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given the proper office of the bureau in the manner provided in section 9.

      Sec. 14.  Whenever a copy of any public record is required by the bureau to be used in determining the eligibility of any person to participate in benefits made available by such bureau, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of such bureau with a certified copy of such record.

      Sec. 15.  Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States veterans’ bureau hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the courts of this state are hereby authorized to communicate with the official in charge of such hospital with reference to available facilities and eligibility, and upon receipt of a certificate from the official in charge of such hospital the court may then direct such veteran’s commitment to such United States veterans’ hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations of such hospital, and the officials of such hospital shall be vested with the same powers now exercised by the superintendent of the Nevada hospital for mental diseases with reference to the retention of custody of the veteran so committed. Notice of such pending proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied.

      Sec. 16.  When a minor ward for whom a guardian has been appointed under the provisions of this act or other laws of this state shall have attained his or her majority, and if incompetent shall be declared competent by the bureau and the court, and when any incompetent ward, not a minor, shall be declared competent by said bureau and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.

      Sec. 17.  This act shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the bureau.

      Sec. 18.  This act may be cited as the “Uniform Veterans’ Guardianship Act.”

 

 

Funds of estate to be invested

 

Estate for benefit of ward only; exception

 

 

Certain certified records to be furnished

 

 

 

Courts to aid veterans in obtaining hospital treatment

 

 

 

 

 

 

 

 

 

 

Guardian discharged when ward reaches majority

 

 

 

Act construed liberally

 

Short title


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

ê1929 Statutes of Nevada, Page 38 (CHAPTER 28, SB 50)ê

 

 

Uniform law

 

Invalidity of act

 

Repeal

      Sec. 19.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 20.  The invalidity of any portion of this act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

      Sec. 21.  All acts and parts of acts relating to beneficiaries of the bureau inconsistent with this act are hereby repealed.

 

________

 

CHAPTER 29, SB 44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate must be procured

 

Method of procuring certificate; fee; affidavits

[Senate Bill No. 44–Senator Cole]

 

Chap. 29–An Act to amend an act entitled “An act regulating the practice of medicine, surgery, and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts, or parts of acts, in conflict therewith,” approved March 4, 1905, as amended.

 

[Approved March 6, 1929]

 

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.  Every person desiring to practice medicine in any of its branches shall, before beginning to practice, procure from the state board of medical examiners a certificate authorizing such practice. The applicant for such certificate shall submit to said board, through its secretary, his or her diploma issued by some medical school recognized as reputable by said board, the requirements of which medical school shall have been, at the time of granting such diploma, in no particular less than those prescribed for that year by the association of American medical colleges, accompanied by a fee of twenty-five dollars, which shall in no case be returned, and by an affidavit setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein, and that it was procured without fraud or misrepresentation of any kind, and also accompanied by an affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and reputable.


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

ê1929 Statutes of Nevada, Page 39 (CHAPTER 29, SB 44)ê

 

The board may also require that the applicant shall file an affidavit that he or she intends to reside in this state and that if granted a certificate he or she will establish and maintain an office in this state. In addition to such affidavits the board may hear such further evidence as in its discretion may be deemed proper concerning the matters embraced therein. If it shall appear that the applicant is not of good moral character, or that any credential submitted is false, the applicant shall be rejected. The board may retain the diploma a reasonable time, not to exceed two weeks.

      Sec. 2.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 8.  Before issuance of a certificate to practice medicine, the applicant, who shall have paid the fee and presented the credentials specified in section 7 of this act, shall appear personally and pass a satisfactory examination as to qualifications therefor before the state board of medical examiners. The examination shall be conducted in the English language, shall be in whole or in part in writing, and the applicant shall attain at least an average of seventy-five per cent in all, and not less than sixty-five per cent in any two of the following subjects, to wit: Anatomy, physiology, materia medica and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, genito-urinary system. The examination shall be fair and impartial, it shall be practical in character, and the questions shall be designated to discover the applicant’s fitness. If an applicant fail in a first examination, he may, after not less than six months, be reexamined without additional fee. If he fail in a second examination, he shall not thereafter be entitled to another examination within less than one year after the date of the second examination, and shall be required to pay the full fee for such examination. After an examination shall have been completed, the examination papers, which are a part of the board’s records, shall be filed by the secretary of the board, and shall be open to public inspection whenever requested. The grantee of a certificate or license to practice under this act upon the ground of reciprocity, and without examination, shall pay for such certificate or license a fee of one hundred dollars.

      Sec. 3.  Section 11 of the above-entitled act is hereby amended so as to read as follows:

      Section 11.  The members of the board shall serve without compensation except that their actual expenses incurred while attending a regular or special meeting of the board shall be refunded; provided, that the secretary shall receive a salary, the amount of which shall be determined by the board.

Powers of board

 

 

 

 

 

 

 

 

Applicant must pass examination

 

 

 

 

 

 

 

 

 

Reexamination, when

 

 

 

 

 

Reciprocal license; fee

 

 

 

 

Board to serve without compensation; salary of secretary


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

ê1929 Statutes of Nevada, Page 40 (CHAPTER 29, SB 44)ê

 

 

 

 

 

 

 

 

 

 

 

Certificate filed with recorder

 

Grounds for refusal or revocation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

Annual tax of $2 levied

board. All moneys received by the board shall be paid out on its order for its expenses, and the traveling expenses of the members, and if the moneys received are not sufficient to meet such expenses, then the board shall certify to the state board of examiners, with accompanying vouchers, over its seal and the signatures of its president and secretary, the amount actually necessary to meet the remainder of its expenses, and, upon the approval of said claim by the state board of examiners, the state controller shall draw his warrant upon any moneys in the general fund not otherwise appropriated, and the state treasurer shall pay the same.

      Sec. 4.  Section 12 of the above-entitled act is hereby amended so as to read as follows:

      Section 12.  Every person to whom the board shall issue a certificate shall present the same to the county recorder of the county in which he desires to practice, and have the same recorded and pay the usual fees for recording such papers. The board may refuse a certificate to any applicant guilty of unprofessional conduct, and may revoke any certificate for like cause. In all cases of refusal or revocation the party aggrieved may appeal to the courts.

      The words “Unprofessional conduct,” as used in this act, are declared to mean:

      Obtaining a certificate upon fraudulent credentials, or gross misrepresentation;

      Procuring, or aiding or abetting in procuring, criminal abortion;

      Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured;

      Advertising medical business in which grossly improbable statements are made;

      Any advertising of any medicine or any means whereby the monthly periods of women can be regulated, or menses reestablished if suppressed;

      Willful disobedience of the law, or of the rules and regulations of the state board of health;

      Conviction of any offense involving moral turpitude;

      Habitual intemperance, or excessive use of cocaine, morphine, codeine, opium, heroin, alpha eucaine, beta eucaine, novocaine, or chloral hydrate, or any of the salts, derivatives or compounds of the foregoing substances, or of any other habit forming drug or substance.

      Sec. 5.  There is hereby added to said act a new section to be known as section 20, which said section shall read as follows:

      Section 20.  Each holder of a certificate or a license to practice medicine shall on or before the first day of May, 1929, and on or before the first day of May of each year thereafter, pay to the treasurer of the board of medical examiners a tax of two dollars.


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

ê1929 Statutes of Nevada, Page 41 (CHAPTER 29, SB 44)ê

 

thereafter, pay to the treasurer of the board of medical examiners a tax of two dollars. Failure to pay said tax, at or before the appointed time, with or without notice, shall forfeit such holder’s right to practice medicine. Said holder may, on payment of ten dollars to said treasurer, be reinstated in his right to practice.

      Said board may from time to time change the amount of said tax, provided the same shall not be less than one dollar nor more than two dollars yearly.

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

 

 

 

 

Board to regulate tax

 

In effect

 

________

 

CHAPTER 30, SB 54

[Senate Bill No. 54–Senator Cowles]

 

Chap. 30–An Act to amend an act entitled “An act fixing the method by which the charters of incorporated cities or towns may be amended,” approved March 15, 1927.

 

[Approved March 6, 1929]

 

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 fixing the method by which the charters of incorporated cities or towns may be amended,” approved March 15, 1927, is hereby amended so as to read as follows, to wit:

      Section 1.  Whenever it is desired to amend the charter of any incorporated city or town within the State of Nevada, such amendment or amendments may be effected in any one of the following methods-

      1.  By an act of the legislature.

      2.  Upon the filing of a verified petition bearing the signatures of not less than 60% of the qualified voters of the city or town praying for the adoption of any amendment or amendments fully set forth in such petition and exhibited to each of such signers prior to the signature being affixed thereto. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief.

      Upon the filing of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, it shall be the duty of the governing body of such city or town to adopt such amendment or amendments by resolution without further proceeding.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Methods of amending city charter


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

ê1929 Statutes of Nevada, Page 42 (CHAPTER 30, SB 54)ê

 

 

 

In effect

      3.  By the submission of such proposed amendment or amendments to the qualified electors at any regular election or at a special election called for that purpose.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 31, AB 29

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of state auditor

 

 

 

 

 

 

 

 

 

Uniform system of state and county accounts

[Assembly Bill No. 29–Mr. Hussman]

 

Chap. 31–An Act to amend sections 3, 4 and 7 of an act entitled “An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith,” approved March 10, 1917.

 

[Approved March 7, 1929]

 

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.  It shall be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all state offices, departments, and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith. It shall further be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state auditor to the governor, the state controller, and the clerk of the board of county commissioners of the several counties. The state auditor shall formulate and prescribe a uniform system of accounting, cost-keeping, and reporting for every state and county office, department, or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received, and expended for account of the public, for any purpose whatever and by all public officers, employees, or other persons; such accounts or statements to show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom, and of all sources of public income and the amounts due and received from each source, all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs.


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

ê1929 Statutes of Nevada, Page 43 (CHAPTER 31, AB 29)ê

 

documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs. The state auditor shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.

      Sec. 2.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  The system provided for in the preceding section shall be submitted by the state auditor in all of its detail to the state board of revenue and the state board of accountancy in joint session, and when approved by said boards and by the governor said system shall be installed under the supervision of said state auditor in any or all state and county offices, institutions and departments; provided, however, that the state auditor in making such installation shall give due consideration to the possibilities of confusion in business detail and may defer temporarily such installation in whole or in part if in his judgment the best interests of the public will be thereby served. The instructions and rulings of the state auditor relative to changes in and additions to the said system of accounting shall have the full authority of law and shall be effective from the date set by him; provided, however, that any public official whose duties are affected thereby may appeal such rulings or any of them in writing to the governor and in that event such ruling or rulings as are so appealed shall have no force or effect unless and until approved by the said boards in joint session.

      Sec. 3.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  The state auditor shall be and he hereby is authorized to examine all public accounts, administer oaths, and to examine under oath, when he shall deem it necessary, any public official in relation to or concerning his books and accounts, and any such officer refusing to allow the state auditor full access to and inspection of his books, or of the accounts therein contained, or any records or data pertaining to the conduct of his office, or shall willfully refuse to install and maintain the system of accounting as provided for in this act, or any part thereof, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $100 nor more than $300, or be imprisoned in the county jail for a period of not to exceed six months, or be punished by both such fine and imprisonment.

 

 

 

 

 

 

 

Certain boards and governor to approve system

 

 

 

 

 

 

 

 

 

 

 

 

Duties of state auditor

 

 

Officer refusing guilty of misdemeanor

 

________

 

 


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

ê1929 Statutes of Nevada, Page 44ê

CHAPTER 32, AB 41

 

 

 

 

 

 

 

 

 

 

 

 

Description of ballots, how printed

 

 

 

 

 

 

 

 

 

Candidates for president and vice-president printed on ballot

[Assembly Bill No. 41–Mr. Branson]

 

Chap. 32–An Act to amend section 36 of an act entitled “An act relating to elections,” approved March 24, 1917.

 

[Approved March 7, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 36 of the above-entitled act is hereby amended so as to read as follows:

      Section 36.  On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing, except the number of the ballot which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice-president of the United States shall be printed upon such ballots when such election shall be a presidential election, the names of such candidates for president and vice-president of each party to be placed directly above those of the candidates for presidential electors of the same party and separated therefrom by a light-faced rule, but with no square for marking after the names of such candidates for president and vice-president. Beneath the name of each of the candidates of said candidates for vice-president in each party group, in light-faced type, not larger than six-point, shall appear the words: “To vote for your choice for president and vice-president mark X after the names of the presidential electors of the same political party”; provided, however, that nothing in this act shall be construed to permit the throwing out of any ballot because the elector has marked X after the names of such candidates for president and vice-president, though no space has been placed for such mark; and provided further, that in the event of such latter marking and either a marking or no marking after the names of candidates for electors, such ballot shall be construed to have been cast for each of the electors of such political party and shall be so counted and tallied.


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

ê1929 Statutes of Nevada, Page 45 (CHAPTER 32, AB 41)ê

 

      The names of the candidates for each office shall be arranged, under the designation of the office, in alphabetical order, according to the surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination; the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name. There shall be a margin at the right-hand side of the names at least one-half inch wide, so that the voters may clearly indicate in the way hereinafter described the candidate or candidates for whom they wish to vote.

      Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote upon the question in the manner hereinafter provided, with a brief statement of the purport of such question. Before every question or constitutional amendment to be voted upon there shall be placed a number, to be designated by the secretary of state, in bold-faced type, not smaller than twenty-four point.

      There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as “Vote for one,” “Vote for three,” and the like.

Names arranged alphabetically

 

 

 

 

 

 

Purport of any question to be stated; additional requirements

 

________

 

CHAPTER 33, AB 56

[Assembly Bill No. 56–Mr. Corcoran]

 

Chap. 33–An Act to amend an act entitled “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.

 

[Approved March 7, 1929]

 

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 as 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mode of selecting grand jury


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

ê1929 Statutes of Nevada, Page 46 (CHAPTER 33, AB 56)ê

 

 

 

 

 

 

 

 

 

 

 

Duties of clerk

 

 

 

 

 

 

 

 

 

 

Summons may be mailed

 

 

 

Summoning of grand jury mandatory, when

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. 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; provided, also, that it shall be mandatory, within five days, to summon such grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth that there is reason to believe that there has been a misappropriation of public funds or property, by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present; provided, however, that the statute of limitations has not run against the party offending.


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

ê1929 Statutes of Nevada, Page 47 (CHAPTER 33, AB 56)ê

 

funds or property, by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present; provided, however, that the statute of limitations has not run against the party offending.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 34, AB 67

[Assembly Bill No. 67–Mr. Hussman]

 

Chap. 34–An Act in relation to receiverships, the reversion of unclaimed dividends, and matters properly connected therewith.

 

[Approved March 7, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  In any receivership proceeding heretofore or hereafter instituted in the State of Nevada in which a dividend or dividends have been declared and ordered paid to creditors, any dividend which remains unclaimed for five years shall revert to the general fund of said estate and shall be applied as follows:

      (a) To the payment of costs and expenses of the administration of said estate and receivership;

      (b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full, and after such claims have been paid in full the balance shall be paid to the insolvent or receivership estate;

      (c) Where such funds together with other funds available are, in the judgment of the court, insufficient in amount to warrant the declaration and distribution of another dividend by reason of the incident expense, such fund, after the payment of all expenses and costs of administration, shall escheat to the State of Nevada as an escheated estate. Order to escheat shall be made upon petition and hearing, notice thereof to be given by publication in one or more newspapers of general circulation as directed by the court; provided, that no order to escheat shall be made until after one year from the passage of this act.

      Sec. 2.  This act shall apply to any receivership proceeding which occurred heretofore and is now pending in any court of this state or which may hereafter be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or individual.

 

 

 

 

 

 

 

 

 

 

Disposition of unclaimed dividends

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act to apply to receivership


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

ê1929 Statutes of Nevada, Page 48 (CHAPTER 34, AB 67)ê

 

In effect

Repeal

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

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

 

________

 

CHAPTER 35, AB 73

 

 

 

 

 

 

 

 

 

 

 

 

Act amended

 

 

 

Bonds for state highways in Churchill County; $100,000

 

 

 

Tax to be levied

 

 

 

 

 

Funds to be transferred

[Assembly Bill No. 73–Churchill County Delegation]

 

Chap. 35–An Act to amend an act entitled “An act authorizing, directing and empowering the board of commissioners of Churchill County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county,” approved March 27, 1919.

 

[Approved March 7, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “An act authorizing, directing and empowering the board of commissioners of Churchill County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county,” approved March 27, 1919, is hereby amended so as to read as follows:

      Section 1.  The board of commissioners of Churchill County, Nevada, is hereby authorized, directed and empowered to issue bonds of said Churchill County in the sum of not to exceed one hundred thousand ($100,000) dollars and not to exceed six per cent (6%) interest thereon and not to run to exceed twenty years (20) and to be issued from time to time as may be required, in the usual form of county bond.

      The board of county commissioners of Churchill County, Nevada, is hereby authorized and empowered to levy a tax on all property in Churchill 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 “Churchill 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.

      Be it further provided, that the county auditor and county treasurer of Churchill County shall transfer from the “County-State Highway Fund” to “Churchill County-State Highway Interest and Redemption Fund” on the first day of July and January of each year a sum not to exceed forty-five hundred ($4,500) dollars for redemption, and such additional sum as may be necessary to pay the accrued interest on each of said dates. In no event shall the transfer from “The County-State Highway Fund” exceed a grand total of fifty-three thousand ($53,000) dollars and interest.


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

ê1929 Statutes of Nevada, Page 49 (CHAPTER 35, AB 73)ê

 

“The County-State Highway Fund” exceed a grand total of fifty-three thousand ($53,000) dollars and interest.

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

 

 

In effect

 

________

 

CHAPTER 36, AB 92

[Assembly Bill No. 92–Lyon County Delegation]

 

Chap. 36–An Act to amend section 3 of 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 thereof, 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 23, 1927.

 

[Approved March 7, 1929]

 

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 so as to read as follows:

      Section 3.  The county clerk for services as county clerk shall receive the sum of twelve hundred dollars per annum, and for his services as ex officio county treasurer and ex officio tax receiver the sum of twelve 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 treasurer. He shall furnish the board of county commissioners, on the fifth day 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 one hundred and fifty dollars per month.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk

 

 

 

 

 

 

 

 

In effect

 

Repeal

 

________

 


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

ê1929 Statutes of Nevada, Page 50ê

CHAPTER 37, SB 5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Speed limit 50 miles per hour

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 5–Senator Getchell]

 

Chap. 37–An Act to amend an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925.

 

[Approved March 11, 1929]

 

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.  It shall be unlawful for any person or persons to drive or operate a vehicle of any kind or character in a reckless manner on any street or highway in this state; or in any other than a careful or prudent manner; or at a rate of speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the highway; or at such a rate of speed as to endanger the life, limb or property of any person; provided, that no vehicle shall be driven at a speed in excess of fifty (50) miles per hour; provided, that the county commissioners of the various counties in this state may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in their county as may be deemed proper; provided, that the maximum speed of any motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed twenty miles per hour under any such ordinance. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 38, SB 46

 

 

 

 

 

 

Relief of H. A. Agee

[Senate Bill No. 46–Senator Fairchild]

 

Chap. 38–An Act for the relief of H. A. Agee.

 

[Approved March 11, 1929]

 

      Whereas, H. A. Agee as a member of the Nevada tax commission did, between the 9th day of May, 1928, and the 5th day of October, 1928, incur expenses, made necessary in the discharge of his duties as a member of the Nevada tax commission, in the total sum of two hundred and forty-eight and 91/100 dollars ($248.91); and

      Whereas, Said H. A. Agee has filed with the board of examiners a claim for reimbursement, which said claim has been allowed; and

 


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

ê1929 Statutes of Nevada, Page 51 (CHAPTER 38, SB 46)ê

 

examiners a claim for reimbursement, which said claim has been allowed; and

      Whereas, There is rightfully due and owing from the State of Nevada, to said H. A. Agee, for such expenses; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of two hundred and forty-eight and 91/100 dollars ($248.91) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated to pay the said claim of H. A. Agee, and the state controller is directed to draw his warrant for said amount in favor of H. A. Agee, and the state treasurer is directed to pay the same from said appropriation.

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

 

 

 

 

 

 

 

Appropriation, $248.91

 

________

 

CHAPTER 39, SB 43

[Senate Bill No. 43–Senator Henderson]

 

Chap. 39–An Act for the relief of C. V. T. Gilbert and Margaret Gilbert.

 

[Approved March 11, 1929]

 

      Whereas, On the 4th day of April, 1928, C. V. T. Gilbert and Margaret Gilbert were driving an automobile over the public highways of the State of Nevada between Indian Springs and Beatty, Nevada, and, at a point approximately three miles west of Indian Springs, the automobile in which they were riding struck an obstruction placed on said highway by the road crew of the state highway department, causing said persons to be severely injured and their automobile badly damaged, the obstruction so placed on the public highway consisting of timbers at least twenty-four inches high placed across the full width of the road, and no light or signal of any kind having been placed on said obstruction to warn the traveling public of the obstruction; and

      Whereas, By reason of said accident, claimants were severely injured, caused to be confined to a hospital, and incurred hospital expenses and doctors’ bills, and were incapacitated for work and labor for a great period of time, the total amount expended by said claimants by reason of said injuries, amounting to six hundred and fifty ($650) dollars; and

 

 

 

 

 

 

Relief of C. V. T. and Margaret Gilbert


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

ê1929 Statutes of Nevada, Page 52 (CHAPTER 39, SB 43)ê

 

 

 

 

 

 

 

 

Appropriation, $650

      Whereas, The claim for said damages has been presented to and acted upon by the state board of examiners; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The claim of C. V. T. Gilbert and Margaret Gilbert in the sum of six hundred and fifty ($650) dollars is hereby allowed and declared to be a valid claim against the funds of the state highway department of the State of Nevada, and the sum of six hundred and fifty ($650) dollars is hereby appropriated out of any moneys in the state highway fund, and the state controller is hereby directed to draw his warrant in said amount on said fund in favor of claimants, and the state treasurer is hereby directed to pay the same from the funds of the state highway department.

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

 

________

 

CHAPTER 40, AB 121

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Territory, how annexed

[Assembly Bill No. 121–Mr. Fanatia]

 

Chap. 40–An Act to amend 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 therefore, and other matters relating thereto,” approved March 16, 1911, by amending section 2 of chapter 1 and sections 2, 3, 4, 5, 6, 10 and 14 of chapter 2 thereof, and by adding a new section to be known as section 5 1/2 to chapter 2 thereof.

 

[Approved March 11, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  The Annexation of Adjacent Territory-Manner of Procedure of.  Territory adjoining and contiguous to the corporate limits of the city of Las Vegas may be annexed to said city with the tenements, property and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that when the board of commissioners of the city of Las Vegas deems it necessary to annex additional territory to said city of Las Vegas, and the inhabitants of said territory have not petitioned for annexation, that the said board of commissioners shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published one week in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause on the date named why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders residing in said territory sought to be annexed do not protest, the said board of commissioners shall pass an ordinance declaring said property to be annexed to, and be a part of the said city of Las Vegas, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Clark, and said territory shall then be a part of the said city of Las Vegas and subject to all the taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a two-thirds (2/3) vote of the board of commissioners to pass said ordinance annexing said territory to the said city of Las Vegas; and provided further, that no change in the boundaries of the city shall be made within sixty (60) days next preceding any general city election, and in no event oftener than every two years.


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

ê1929 Statutes of Nevada, Page 53 (CHAPTER 40, AB 121)ê

 

annex additional territory to said city of Las Vegas, and the inhabitants of said territory have not petitioned for annexation, that the said board of commissioners shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the board of commissioners shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published one week in a newspaper in said city of Las Vegas, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause on the date named why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders residing in said territory sought to be annexed do not protest, the said board of commissioners shall pass an ordinance declaring said property to be annexed to, and be a part of the said city of Las Vegas, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Clark, and said territory shall then be a part of the said city of Las Vegas and subject to all the taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a two-thirds (2/3) vote of the board of commissioners to pass said ordinance annexing said territory to the said city of Las Vegas; and provided further, that no change in the boundaries of the city shall be made within sixty (60) days next preceding any general city election, and in no event oftener than every two years.

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

      Section 2.  Officers-Elective.  The elective officers of the city of Las Vegas shall consist of a mayor, four commissioners and a city clerk.

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

      Section 3.  Officers, Election of-Election, When and How Held-Commissioners-Classes of Ballot.  After said election as above provided for and on the first Tuesday after the first Monday in May, 1913, and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas at a general election to be held for that purpose a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years and until their successors shall have been elected and qualified.

Territory, how annexed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elective officers

 

 

 

Elections, when and how held; terms of office


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

ê1929 Statutes of Nevada, Page 54 (CHAPTER 40, AB 121)ê

 

Elections, when and how held; terms of office

1927, shall hold office for a period of two years and until their successors shall have been elected and qualified. On the first Tuesday after the first Monday in May, 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city at a general election to be held for that purpose a mayor, who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May, 1927, there shall be elected at large by the qualified voters of said city at a general election to be held for that purpose four commissioners, two of whom shall each be designated by an odd number and two of whom shall be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years and until their successors are elected and qualified. On the first Tuesday after the first Monday in May, 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years and until their successors are elected and qualified. At said general election to be held in May, 1929, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city a city clerk, who shall be elected and hold office for a period of four years and until his successor is elected and qualified. The board of commissioners of said city shall, not later than the first Thursday in March of each year in which said general city election is to be held, order such general election and shall determine the places in said city for holding the same, and the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general election, so far as the same may be applicable thereto, and in the event there should be any failure of the part of the general laws of the state to provide for some features of said city election then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner as aforesaid shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each such class.


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

ê1929 Statutes of Nevada, Page 55 (CHAPTER 40, AB 121)ê

 

to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each such class.

      Sec. 4.  Section 4 of chapter 2 of the above-entitled act is hereby amended to read as follows:

      Section 4.  Registration-Election-Registry Agent-Nomination-Canvass-Tie Vote Procedure.  The conduct of carrying on all special city elections, not otherwise provided for, shall be under the control of the board of city commissioners and they shall order such elections and shall determine the time and the places in said city for holding the same, and the mayor of said city shall forthwith make proclamation thereof. Said board of city commissioners shall appoint the necessary officers for the conduct of all special elections not otherwise provided for in this charter and do all other or further things required to hold such elections. All persons who reside within the exterior boundaries of the city of Las Vegas at the time of holding any city election and are qualified to vote at said election and whose names appear upon the official register of voters in and for said city shall have the right to vote at each city election, whether regular or special, and for all offices to be voted for and on all questions that may be submitted to the people at any such general or special city election. It shall not be necessary to have a new registration of electors preceding any general or special municipal election. During the time intervening between the closing of any registration of electors at the last preceding general election and the date of the next ensuing general or special municipal election, the county clerk of Clark County shall prepare and certify from the official register of the last preceding general election in suitable books, one for each precinct within said city, the names of all electors contained in said official register, alphabetically arranged, surname first, who reside within the exterior boundaries of said city and are qualified to vote at said election, together with all other entries found opposite such name; provided, that before delivering the copy of registration list as prepared by him in accordance herewith said county clerk shall enter thereon all the names of electors qualified to vote at said ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for said ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in said city and by him legally transferred. Said county clerk of Clark County shall keep in his office the original copy of said registration list and shall, not later than three (3) days preceding the election for which said registration list has been prepared, deliver to the city clerk of the city of Las Vegas one certified list for each precinct in said city, said certified list to contain the names of voters entitled to vote in the precinct for which said list is prepared, and none other.

 

 

 

 

 

Elections, how conducted

 

 

 

 

 

Who qualified to vote

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk to prepare registry list of voters


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

ê1929 Statutes of Nevada, Page 56 (CHAPTER 40, AB 121)ê

 

 

 

 

 

 

 

Election supplies

 

 

 

 

 

 

 

 

Compensation of clerk

 

 

 

 

 

 

 

 

 

 

Candidates may be nominated by petition

list has been prepared, deliver to the city clerk of the city of Las Vegas one certified list for each precinct in said city, said certified list to contain the names of voters entitled to vote in the precinct for which said list is prepared, and none other. The city clerk shall, not later than the day preceding said election, deliver to one of the inspectors of election for each precinct in said city, the book or list prepared for the precinct in which said inspector of election is to act. The city clerk shall prepare and deliver to an inspector of election for each precinct all necessary supplies and equipment as required by the general election law for the conduct of general elections, such supplies to be delivered to said inspectors not later than the day preceding any general or special municipal election. The board of commissioners of said city shall provide all necessary books and supplies for the carrying out of the purposes of this section, and in addition to the provisions of this section the said election shall in all other respects be conducted and held in accordance with the provisions of the general election laws of the State of Nevada, so far as the same may be applicable and not inconsistent herewith, and the charter and ordinances of said city of Las Vegas. The said county clerk of Clark County as in this act contained shall be entitled to receive, as full compensation for all services rendered by him under the provisions hereof, the sum of fifteen (15) cents per name of each elector by him copied, regardless of the number of times each name shall be copied, which shall be a valid claim against the said city; and his account shall be made out so as to clearly show the number of names by him copied, and sworn to and filed with the board of commissioners of the city; and said claim, together with all other just and reasonable demands of other persons for books, advertising, and supplies, necessarily incurred in carrying out the requirements of this act, shall be audited and paid out of the general fund of said city; provided, that if the board of commissioners shall deem it necessary and expedient, it shall cause to be printed a list of registered voters. Candidates for any office to be voted for at such municipal election may be nominated in the following manner: A petition of nomination containing the name of the candidate to be nominated, the office for which he is nominated, setting forth his qualifications as required by section 6 of chapter 2 of the above-entitled act, and duly subscribed and sworn to, shall be filed with the city clerk of said city not more than fifty days nor less than thirty days before the day of election. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. There shall be charged each candidate for filing a fee of five dollars, which shall be paid to the city clerk at the time of filing and go to the general fund of the city.


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ê1929 Statutes of Nevada, Page 57 (CHAPTER 40, AB 121)ê

 

go to the general fund of the city. After receiving the petitions of nominations as contained in the above paragraph, the city clerk shall perform each and every act necessary, as now or may hereafter be provided by law, to place the names of the candidates on the ballot; and the general election laws of the State of Nevada wherever and whenever possible shall be adopted and be considered applicable for the uses and purposes of said municipal elections where this act fails to provide for the same. On the Tuesday following any city election in said city of Las Vegas, or as soon thereafter as practicable, the board of commissioners of the city of Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes, and or the adoption or rejection of any proposition or propositions voted on at said election. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of commissioners of the city of Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.

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

      Section 5.  Officers, Appointive and Ex Officio-Enumeration of Compensation-Bonds.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license collector of said city, and the board of commissioners shall allow him such deputies, assistants or clerks as in their judgment the volume of the work in his office may require, such deputies, assistants or clerks to receive such compensation as may be fixed by said board of commissioners. Each of the above-mentioned officers in this section set forth shall perform the respective duties in their offices under said city without extra compensation, except as hereinafter provided, but for the performance of the duties as city assessor relative to special assessments, as in this act provided, the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his service may be necessary, a deputy city assessor to perform such duties relative to special assessment, and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and ex officio tax receiver of the county of Clark shall be entitled to receive for his services, as ex officio treasurer and tax receiver of the city of Las Vegas, a salary of fifty ($50) dollars per month from the city of Las Vegas.

 

 

 

 

 

 

 

Canvass of returns

 

 

 

 

 

 

 

 

 

County officers to be ex officio officers


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

ê1929 Statutes of Nevada, Page 58 (CHAPTER 40, AB 121)ê

 

 

 

 

 

 

City attorney; salary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of city engineer created; duties of

from the city of Las Vegas. The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The city clerk shall be required to furnish a good and sufficient bond in any amount specified by the board of commissioners, said bond to be approved by said board of commissioners. The board of commissioners may appoint a city attorney with a regular salary of not to exceed thirty-six hundred ($3,600) dollars per annum, payable in equal monthly installments; also a chief of police with a salary of not to exceed three thousand ($3,000) dollars per annum, payable in equal monthly installments; also a judge of the municipal court at such salary as said board may deem proper, not exceeding, however, the sum of three hundred ($300) dollars per month. Said board of commissioners may also from time to time, by ordinance or resolution, or by either or both, fix and provide for the allowance and payment to said city attorney of additional compensation for the prosecution and defense of cases, for conviction in cases, and also by way of commissions or fines and forfeitures imposed and enforced, and said board may also appoint a deputy city attorney when in their judgment such appointment may be necessary, and said board shall fix the compensation to be paid such deputy city attorney. The board of commissioners may appoint such other officers as such board may from time to time ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed, and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect, by their regularly appointed deputies.

      Sec. 6.  Chapter 2 of the above-entitled act is hereby amended by the addition of a new section to be known as section 5 1/2, as follows:

      Section 5 1/2.  The board of city commissioners may create the office of city engineer. The city engineer shall be appointed by the board of city commissioners, and shall receive such compensation as may be fixed by said board. The city engineer shall perform all the engineering and surveying required by the city, in the carrying on of any public works and improvements, and prepare all estimates, plans and specifications of any public improvements or sidewalks. All maps, plats, profiles, field notes, estimates and all other memoranda of surveys and other professional work made or done by him or under his direction or control shall be and continue to be the property of the city.


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

ê1929 Statutes of Nevada, Page 59 (CHAPTER 40, AB 121)ê

 

be and continue to be the property of the city. He shall keep a book in which he shall record each and every item of expense, cost or indebtedness incurred in the making of any public improvement or laying of sidewalks, so that the actual cost of said work may at any time be ascertained, and the said book shall be open to inspection by any person interested in the said improvement at all reasonable hours. The city engineer’s office shall be an office of record for all maps, plans, plats, profiles, drawings, dedications, final estimates, specifications and contracts, which in any way relate to the affairs of the city. The city engineer shall be custodian of and must keep all the drawings and documents above mentioned on file, properly indexed, and his office shall be supplied with necessary books, cases and supplies for recording and filing as herein required. The city engineer shall be provided with a seal by the city for his use, containing the words “City of Las Vegas, Nevada, Engineering Department,” and said seal shall be affixed to every certification or approval by him. He shall keep all documents and records filed in his office in good condition and turn the same over to his successor in office. Copies of all documents, maps, files, estimates, plans, profiles, drawings, specifications, dedications, and all other records filed in the office of the city engineer, when properly authenticated or certified by the city engineer, shall be admitted as evidence in all courts of law, the same as documents of any other office of record. The city engineer may be required to perform the duties of superintendent of streets, superintendent of public works and building inspector, and shall perform such other and further duties as the board of commissioners may require or which shall be prescribed by ordinance. Said city engineer may be allowed such deputies, assistants or clerks, as in the judgment of the board of commissioners may be necessary; such deputies, assistants or clerks to be paid such compensation as may be fixed by said board of commissioners. As street superintendent the city engineer shall see that all laws, ordinances, rules and regulations concerning the public streets, highways, alleys and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced. He shall superintend and direct the sweeping, cleaning and sprinkling of the streets, the cleansing and flushing of sewers and have general care of the streets, alleys and highways of the city and, from time to time, make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations and ordinances pertaining to the streets, alleys, highways, roads and sidewalks in the city, and to receive, investigate and act on all complaints concerning the same. He shall inspect all street improvement or sidewalk improvement works carried on by the city or individuals, and shall have power to approve, reject, change or alter the same and to inspect, approve, reject or alter the material used therein or the manner of the construction thereof.

Duties of city engineer


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

ê1929 Statutes of Nevada, Page 60 (CHAPTER 40, AB 121)ê

 

 

 

 

 

 

 

 

Qualifications of mayor and commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries

 

 

 

 

 

 

 

Vacancies; how filled

by the city or individuals, and shall have power to approve, reject, change or alter the same and to inspect, approve, reject or alter the material used therein or the manner of the construction thereof. He shall report to the board of commissioners from time to time and whenever required, and shall perform such other and further duties as may be required by the board of commissioners or which may be prescribed by ordinance.

      Sec. 7.  Section 6 of chapter 2 of the above-entitled act is hereby amended to read as follows:

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

      Sec. 8.  Section 10 of chapter 2 of the above-entitled act is hereby amended to read as follows:

      Section 10.  Mayor, Commissioners, and Clerk-Salary of.  The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of one hundred eighty ($180) dollars per annum; each of the city commissioners shall receive the sum of one hundred twenty ($120) dollars per annum; the city clerk shall receive the sum of twenty-four hundred ($2,400) dollars per annum. All salaries named in this section shall be payable in equal monthly installments.

      Sec. 9.  Section 14 of chapter 2 of the above-entitled act is hereby amended to read as follows:

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


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

ê1929 Statutes of Nevada, Page 61 (CHAPTER 40, AB 121)ê

 

territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in the office of any commissioner, or in the office of the city clerk, the same shall be filled for the unexpired term by a majority vote of the members, or remaining members, of the board of commissioners, although less than a quorum, who are present at a regular meeting.

      Sec. 10.  This act shall become effective on April 1, 1929.

      Sec. 11.  All acts or parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

In effect

Repeal

 

________

 

CHAPTER 41, SB 42

[Senate Bill No. 42–Senator Henderson]

 

Chap. 41–An Act to amend an act entitled “An act to locate the state university, and to provide for the control and maintenance of the same,” approved March 7, 1873.

 

[Approved March 11, 1929]

 

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.  Immediate selection and sale of the seventy-two sections of land granted this state by the act of Congress, approved July fourth, eighteen hundred and sixty-six, for the establishment and maintenance of a university, is hereby ordered. The moneys arising from the sale of said lands shall be and constitute a fund to be known as the irreducible university fund, and the same shall be invested by the board of regents of the University of Nevada in United States bonds or the bonds of this state, or the bonds of other states of the Union, or the bonds of any county in the State of Nevada, said loans to be under such further restrictions and regulations as may be provided by law; provided, that the interest only of the aforesaid proceeds shall be used for the maintenance of the said university, and any surplus interest shall be added to the principal sum. The interest derived from said fund, together with all moneys paid as interest on deferred installments on purchase of lands named in this act which may be sold under contract as provided in section 9 of an act entitled “An act to provide for the selection and sale of lands,” etc., approved March fourth, eighteen hundred and seventy-one, shall be and constitute a fund to be known as the contingent university fund.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Selection and sale of congressional grant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 


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

ê1929 Statutes of Nevada, Page 62ê

CHAPTER 42, AB 12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Maximum pension

 

 

 

 

 

 

 

 

 

 

Unanimous vote necessary

 

Conditions of pension

[Assembly Bill No. 12–Mr. Whitmore]

 

Chap. 42–An Act to amend sections 2 and 3 of an act entitled “An act to provide under certain conditions for the partial support of mothers and their offspring, giving county commissioners and district courts jurisdiction, and repealing all other acts in relation thereto,” approved March 16, 1921, effective May 1, 1921.

 

[Approved March 13, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  Such partial support shall in no case exceed the sum of twenty-five dollars to a mother maintaining one child, nor the sum of forty dollars to a mother maintaining two children, nor the sum of fifty-five dollars to a mother maintaining three children, nor the sum of seventy-five dollars to a mother maintaining more than three children, and in all cases where children of the age of sixteen years or over are living with such dependent mother or contributing toward her support, such matter must be considered by the commissioners in determining the amount of support to which any mother is entitled.

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

      Section 3.  Such allowance for support shall be made and fixed only by unanimous vote of the board of county commissioners for its respective county, upon the following conditions:

      First-That in the absence of such allowance a mother would be required to remain regularly away from her home and offspring, and that by means of such allowance she will be able to, and will, remain at home with her offspring, and save same from neglect, in the county in which application is made.

      Second-That the mother is a fit and proper person, morally, physically and mentally, to have the care, custody and control of her offspring.

      Third-That applicant is, at the time of making application, and has been for a period of at least two years prior thereto, a resident of the county in which said application is made.

      Fourth-That the mother has not sufficient income from any source to properly care for her offspring without assistance from the county.

      Fifth-That an affidavit is filed by the applicant setting forth fully all of the foregoing conditions.


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

ê1929 Statutes of Nevada, Page 63 (CHAPTER 42, AB 12)ê

 

      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 force from and after its passage and approval.

Repeal

 

In effect

 

________

 

CHAPTER 43, SB 65

[Senate Bill No. 65–Senator Dressler]

 

Chap. 43–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 13, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers of Douglas County shall receive, in full payment of all services rendered by them, the following salaries:

      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), 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 fourteen hundred and forty ($1,440) dollars per annum, and for services as ex officio county treasurer the sum of twelve hundred ($1,200) dollars per annum, payable in twelve equal monthly installments which shall be full and complete compensation for all services rendered as such county clerk and as ex officio county treasurer.

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Douglas County

Sheriff; ex officio county assessor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County clerk; ex officio treasurer


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

ê1929 Statutes of Nevada, Page 64 (CHAPTER 43, SB 65)ê

 

 

 

 

 

 

 

 

 

County recorder; ex officio auditor

 

 

 

 

 

 

 

 

 

 

District attorney

 

 

 

 

 

 

 

County commissioners

 

 

 

Salaries full compensation for all services

county clerk and as 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 month unless said statement has been so made and filed with the board of county commissioners. Said 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 county recorder for services as county recorder shall receive the sum of eight hundred and seventy ($870) dollars per annum, and for services as ex officio auditor the sum of seven hundred and fifty ($750) dollars per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor. The said recorder and ex officio auditor 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 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 ($1,500) dollars 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 to 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 county commissioners of Douglas County shall receive the sum of four hundred and eighty ($480) dollars per annum each, payable quarterly on the last day of March, June, September and December, and mileage at the rate of twenty (20) cents per mile in going to the county seat when attending a session of the board.

      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.


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

ê1929 Statutes of Nevada, Page 65 (CHAPTER 43, SB 65)ê

 

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

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

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 44, SB 7

[Senate Bill No. 7–Senator Fletcher]

 

Chap. 44–An Act to amend section 1 of an act entitled “An act fixing the wage rate for unskilled labor on buildings erected by or for the state,” approved March 29, 1907; being section 3481, Revised Laws of 1912.

 

[Approved March 13, 1929]

 

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.  On all public works carried on in the erection of public buildings by or for the State of Nevada, or by any individual, firm, company or corporation under contract with the State of Nevada, unskilled labor shall be paid for at a rate of not less than four ($4) dollars per eight-hour day for each male person over the age of eighteen years who shall be employed at such labor.

 

 

 

 

 

 

 

 

 

 

 

 

 

Wage for unskilled labor on public works

 

________

 

CHAPTER 45, SB 74

[Senate Bill No. 74–Senator Getchell]

 

Chap. 45–An Act fixing the salaries of the county officers of Lander County, State of Nevada, and other matters properly connected therewith.

 

[Approved March 13, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act the following-named officers within Lander County, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees:

      The sheriff shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered.

 

 

 

 

 

 

 

 

 

 

Salaries of Lander County officers


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

ê1929 Statutes of Nevada, Page 66 (CHAPTER 45, SB 74)ê

 

Salaries of Lander County officers; sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessor

 

Recorder and ex officio auditor

 

 

Treasurer

Clerk

 

District attorney

 

County commissioners

 

 

 

 

 

In effect

law for all collections of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, 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; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. He may appoint a jailer who shall also be a deputy sheriff whose salary shall be one hundred and fifty ($150) dollars per month.

      The county assessor shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county recorder, as such and as ex officio auditor, shall receive twenty-four hundred ($2,400) dollars per annum, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, extend the annual assessment roll without further compensation or charge against the county.

      The county treasurer shall receive eighteen hundred dollars ($1,800) per annum.

      The county clerk shall receive eighteen hundred dollars ($1,800) per annum, and such civil fees as are now allowed by law.

      The district attorney, as such, shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county commissioners shall each receive a salary of nine hundred ($900) dollars per annum in full compensation for all services and expenses; provided, that any commissioner residing more than thirty miles from the county seat of said county shall receive, in addition to said salary, the sum of ten cents per mile for each mile necessarily traveled above said thirty miles in attending necessary meetings of the board.

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

 

________

 


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

ê1929 Statutes of Nevada, Page 67ê

CHAPTER 46, AB 129

[Assembly Bill No. 129–Mr. Fuss]

 

Chap. 46–An Act authorizing and directing the county treasurer of Pershing County, Nevada, to transfer certain funds in his possession to the general fund of Pershing County, and other matters relating thereto.

 

[Approved March 13, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurer of Pershing County, Nevada, is hereby authorized and directed to transfer from the scrip redemption fund of said county all of the funds therein to the general fund of Pershing County to be used as other funds in said general fund.

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

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds directed

 

In effect

 

________

 

CHAPTER 47, SB 56

[Senate Bill No. 56–Senator Fairchild]

 

Chap. 47–An Act to provide for the payment of expenses in connection with the investigation of Nevada state orphans’ home made during the year 1928.

 

[Approved March 14, 1929]

 

      Whereas, By reason of an investigation made during the year 1928 of Nevada state orphans’ home, expenditures were incurred in the total sum of three hundred thirteen and 60/100 ($313.60) dollars and no appropriation has been made by law to pay said expenditures; and

      Whereas, Said claims in the sum of three hundred thirteen and 60/100 ($313.60) dollars have been presented to and acted upon by the board of examiners; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred thirteen and 60/100 ($313.60) dollars is hereby appropriated out of any moneys in the general fund of the state not otherwise appropriated for the payment of the claims referred to in the preamble hereto, and the state controller is directed to draw his warrants for the various claims to whom the same are due, and the state treasurer is directed to pay the same.

 

 

 

 

 

 

 

Expenses of orphans’ home investigation

 

 

 

 

 

 

 

 

 

Appropriation, $313.60

 

________

 

 


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

ê1929 Statutes of Nevada, Page 68ê

CHAPTER 48, AB 47

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amended

 

 

 

 

 

 

 

New title

 

 

 

 

 

 

 

 

 

Executive officer to be appointed

[Assembly Bill No. 47–Mr. Swallow]

 

Chap. 48–An Act to amend the title of and to amend an act entitled “An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,” approved March 26, 1915; as amended by “An act to amend an act entitled ‘An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,’ approved March 26, 1915; and all acts amendatory thereof and supplementary thereto,” approved February 28, 1919.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of that certain act entitled “An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,” approved March 26, 1915; as amended by “An act to amend an act entitled ‘An act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto,’ approved March 26, 1915; and all acts amendatory thereof and supplementary thereto,” approved February 28, 1919, is hereby amended to read as follows:

      An act relating to cattle, horses, hogs and other domesticated animals and poultry, excepting sheep and goats, creating a state board of stock commissioners, defining their powers and duties in regulating and controlling such stock and protecting same against loss from disease, theft, and other injurious agencies, providing for the payment of certain indemnities on live stock condemned and destroyed, providing for the payment of bounties on certain noxious animals, providing for a tax levy to carry out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto.

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

      Subdivision E.  The board shall appoint an executive officer to exercise and enforce all rules and regulations of the board and the provisions of this act when the board is not in session; provided, said executive officer, when an emergency demands and the board is not in session, may exercise all the powers and functions of the board; such executive officer shall also be the secretary of the board; provided further, that no one may be so appointed other than a graduate of a veterinary school or college recognized by the United States department of agriculture, who has had at least five years’ experience in the control of contagious and infectious diseases of animals in the employ of some state or the federal government; and provided further, the said executive officer shall also serve as state quarantine officer and carry out all the duties of said state quarantine officer as provided by statute in addition to those covered by the provisions of this act.


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

ê1929 Statutes of Nevada, Page 69 (CHAPTER 48, AB 47)ê

 

by the United States department of agriculture, who has had at least five years’ experience in the control of contagious and infectious diseases of animals in the employ of some state or the federal government; and provided further, the said executive officer shall also serve as state quarantine officer and carry out all the duties of said state quarantine officer as provided by statute in addition to those covered by the provisions of this act. The board shall fix the compensation of said executive officer and state quarantine officer and may apportion same between the stock inspection fund and any other funds provided for the support of the state quarantine officer in such manner as they deem equitable.

      Sec. 3.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  For the purposes of this act the term “stock” or “live stock” shall be construed to mean and include all cattle or animals of the bovine species; all horses, mules, asses, or animals of the equine species; all hogs or animals of the porcine species; all poultry or domesticated fowls or birds, and all dogs, cats, domesticated fur-bearing animals or other animals or birds domesticated or under the restraint or control of man; provided, that said terms shall not be construed to cover sheep or goats or other animals of the ovine species, or wild animals or birds. All of the provisions of this act shall apply to all animals or birds hereinbefore defined as “stock” or “live stock,” and the tax provided in this act to be levied for the stock inspection fund shall be levied and collected on all such “stock” or “live stock” as herein defined as shall be placed on the assessment rolls of this state.

      Sec. 4.  Section 14 of the above-entitled act is hereby repealed.

      Sec. 5.  Section 18 of the above-entitled act is hereby amended to read as follows:

      Section 18.  In the prevention, control and eradication of contagious, infectious and parasitic diseases of live stock under the provisions of this act, the state board of stock commissioners shall, in so far as possible, cooperate with the director of the state veterinary control service at the University of Nevada, and the laboratory of said state veterinary control service shall be the official laboratory of the board. Whenever the director or any other employee in the state veterinary control service is called upon by the state board of stock commissioners for services in the field, or otherwise, not covered by or provided for in the act or acts under which said state veterinary control service is operating, they shall be paid for such service or services from the stock inspection fund at the same rate of salary or wages they are receiving from the University of Nevada public service division funds and shall also be paid their necessary traveling, subsistence, and other expenses allowable by law from said stock inspection fund.

 

 

 

 

 

 

 

 

 

 

“Stock” or “live stock” defined

 

 

 

 

 

 

 

 

 

 

 

 

Board to cooperate with state veterinary control service of university


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ê1929 Statutes of Nevada, Page 70 (CHAPTER 48, AB 47)ê

 

 

 

 

 

State board to appoint inspectors and detectives

 

 

 

 

Rights of stock inspectors

 

 

 

 

 

 

 

Act construed as regards contagious disease

 

 

 

 

 

In effect

division funds and shall also be paid their necessary traveling, subsistence, and other expenses allowable by law from said stock inspection fund.

      Sec. 6.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  The state board of stock commissioners may appoint such stock inspectors and detectives as are necessary for the protection of the livestock interests of the state, and such inspectors and detectives shall have the same power to make arrests as any other peace officer, but must not receive any fee or emolument therefor as such from the state or any county.

      Sec. 7.  Section 21 of the above-entitled act is hereby amended to read as follows:

      Section 21.  The inspectors of the state board of stock commissioners shall have the right to inspect any or all live stock as defined in this act about to be shipped, driven, transported, or otherwise removed from the state, and the consignor or possessor, or person in charge of such live stock shall, upon demand, fully establish his title to such live stock or his legal right to so ship, transport, drive, or otherwise remove said live stock from the state.

      Sec. 8.  There is hereby added to the above-entitled act a new section to be known as section 24, as follows:

      Section 24.  For the purposes of this act infestation with internal or external parasites, or exposure to such possible infestation, shall be deemed equivalent to infection with or exposure to infection with a contagious or infectious disease. All the provisions of this act applicable to live stock, as hereinbefore defined, infected with or exposed to infection with any contagious or infectious disease or diseases, or any premises, grounds, or cars infected or contaminated with any contagious or infectious disease or diseases, shall also apply to any live stock, ground premises, or cars infested with or exposed to infestation or contamination with any internal or external parasite or parasites.

      Sec. 9.  This act shall become effective from and after its passage and approval.

 

________

 


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ê1929 Statutes of Nevada, Page 71ê

CHAPTER 49, AB 46

[Assembly Bill No. 46–Mr. Swallow]

 

Chap. 49–An Act to create a fund to be known as the “State Board of Stock Commissioners Revolving Fund,” and defining its purposes and uses.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of stock commissioners is hereby authorized to establish and maintain a revolving fund to be known as the “State Board of Stock Commissioners Revolving Fund” in accord with the provisions of this act. Upon the written request of the state board of stock commissioners the controller of the State of Nevada is hereby authorized and directed to draw a warrant or warrants against the stock inspection fund in the state treasury in favor of the state board of stock commissioners, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer of the State of Nevada is hereby directed and authorized to pay said warrant, or warrants, to said state board of stock commissioners; provided, that the total amount of such warrant, or warrants, shall not exceed the sum of three thousand ($3,000) dollars.

      Sec. 2.  Said “State Board of Stock Commissioners Revolving Fund” shall be used for paying the miscellaneous operating expenses of the state board of stock commissioners and the state quarantine officer, and for no other purposes, except as set forth in section 3 of this act. All bills shall, after payment thereof as above, be passed upon by the state board of examiners in the same manner as other claims against the State of Nevada, and when approved by said board of examiners the controller shall draw his warrant for the amount of such claim or claims, against the proper funds or appropriations in the state treasury in favor of the state board of stock commissioners revolving fund, to be paid to the order of the state board of stock commissioners.

      Sec. 3.  In addition to the proceeds of the warrant or warrants, provided for in section 1 of this act, the state board of stock commissioners shall deposit, or cause to be deposited in said state board of stock commissioners revolving fund, any moneys collected by them in connection with the recording or transfer of brands, the sale of estray animals, the sale of surplus supplies, or any other source or sources, and any fees or other moneys collected by the state quarantine officer pursuant to his official duties. Any moneys so deposited in said state board of stock commissioners revolving fund shall be held there until transferred monthly, or at such other times or periods as provided by law, to the treasurer of the State of Nevada, or otherwise disbursed as provided by law.

 

 

 

 

 

 

 

 

 

 

 

Revolving fund created

 

 

 

 

 

 

 

 

 

Purpose of fund

 

 

 

 

 

 

 

 

 

Certain proceeds to be deposited in fund


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ê1929 Statutes of Nevada, Page 72 (CHAPTER 49, AB 46)ê

 

 

Fund to be kept in bank

 

 

Disposition of moneys now on hand

 

 

In effect

law, to the treasurer of the State of Nevada, or otherwise disbursed as provided by law.

      Sec. 4.  The said state board of stock commissioners revolving fund shall be kept on deposit in some bank legally authorized and approved for the deposit of state funds, subject to the order of the said state board of stock commissioners.

      Sec. 5.  All funds now in the possession of or under the control of the state board of stock commissioners, or the state quarantine officer, as such, shall, upon the passage and approval of this act, automatically become a part of said state board of stock commissioners revolving fund and subject to the provisions of this act.

      Sec. 6.  This act shall become effective on and after its passage and approval.

 

________

 

CHAPTER 50, SB 71

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New routes added

 

Route 24 defined

 

 

Route 25 defined

 

Route 25a defined

 

 

Constructed when funds available

In effect

[Senate Bill No. 71–Senator Burt]

 

Chap. 50–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended January 26, 1928.

 

[Approved March 16, 1929]

 

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 above-entitled act is hereby amended by adding a new section thereto, to be designated as section 8b, reading as follows:

      Section 8b.  That in addition to the highways enumerated in section 8 and in section 8a of the above-entitled act there are hereby added the routes described as follows:

      Route 24.  Beginning at a point on route 1 near Wendover, and running thence in a southwesterly direction to a point on route 2 in Steptoe Valley between Magnuson’s Ranch and Currie.

      Route 25.  Beginning at a point 1.13 miles west of Panaca, Lincoln County, on federal route 7; thence through Panaca, Lincoln County, to the Utah state line.

      Route 25a.  Beginning at a point on the extension of route 7 at or near Crystal Springs, thence westerly by the most feasible route to a connection with route 4 at a convenient point east of Tonopah.

      Sec. 2.  As soon as funds are available therefor the department of highways shall commence the construction of said route.

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

 

________

 


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ê1929 Statutes of Nevada, Page 73ê

CHAPTER 51, SB 59

[Senate Bill No. 59–Senator Henderson]

 

Chap. 51–An Act to amend section 18 of an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, and as amended, 1928.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 18 of the above-entitled act is hereby amended so as to read as follows:

      Section 18.  The commission shall have power, in the interest of safety or service, after hearing to determine and order required and necessary repairs, reinforcements, construction and connection of property lines, equipment, appliances, buildings, tracks and all property used or useful in public utility service; to order the use of safety appliances in the interest of the public and employees, and to make and enforce necessary rules and regulations; the commission shall also have power to require automobile and aircraft common carriers, subject to the provisions of this act, to file and keep in force with the commission adequate indemnity bonds or insurance, in such amounts as in the judgment of the commission are just and reasonable, for the protection and reimbursement of passengers and property in case of accident due to defective equipment or otherwise, by neglect of any automobile or aircraft common carrier, its owner, operator, agent, or employee.

      The commission shall have the power to regulate the manner in which aircraft, broadcasting, radio, power, telephone and telegraph lines, and the tracks of any street, steam or electric railroad or other common carrier crosses or connects with any other such lines or common carriers, and to prescribe such regulations and safety devices, respectively, as may be necessary for the purpose of securing adequate service and for the protection of the public.

      (a) The commission shall have power in the supervision, regulation and control of rates and services of all public utilities, and in the adoption of necessary rules and regulations in connection therewith, to cooperate with the interstate commerce commission; the department of commerce; the bureau of standards; the federal radio commission; the federal power commission, and the federal trade commission. The commission is also authorized and empowered to confer with regulating bodies of other states on any matters that are of mutual concern and benefit to the patrons of public utilities of this state, and is authorized to avail itself of the cooperation, services, records and facilities of federal and state regulating tribunals.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May order improvements in interest of public safety

 

 

Automobile and aircraft common carriers to file bond

 

 

 

Commission to regulate various utilities

 

 

 

 

To cooperate with other commissions


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

ê1929 Statutes of Nevada, Page 74 (CHAPTER 51, SB 59)ê

 

 

 

In effect

and state regulating tribunals. It may hold joint hearings and participate in joint conferences with a view of reaching decisions in such cooperative cases.

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

 

________

 

CHAPTER 52, AB 118

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of council

[Assembly Bill No. 118–Mr. May]

 

Chap. 52–An Act to amend an act entitled “An act to amend an act entitled ‘An act to amend an act entitled “An act to amend section nineteen, as amended March 26, 1915, of an act entitled ‘An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,’ approved March 15, 1905,” approved March 26, 1915,’ approved March 13, 1917, by dividing section 19 of said act into sections 19, 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, and 19i, and amending same by adding thereto a new section to be known as section 19j,” approved February 14, 1927, by adding thereto a new section to be known as section 19k.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 19k, to read as follows:

      Section 19k.  The city council of the city of Sparks, among other things, shall have power:

      To require or cause, upon such notice as the council may direct, all weeds, debris, filth or other offensive matter to be abated, removed, or otherwise destroyed as directed by the council from any lots or portion of lots, including that portion of such lots from the curb line adjacent thereto, at the expense of the owner of such lot, or lots, or portion thereof, and may assess the costs of such abatement, removal or destruction against and upon such real estate; upon the failure of the owner of such real estate to pay the costs incurred thereupon within thirty days after written demand made by the city clerk to the owner at the owner’s post-office address as recorded in the office of the county assessor, then in that event, the costs so incurred shall become a lien upon such real property, together with any costs incurred in the preparation of such lien, and such lien shall continue until paid and shall be enforced as in other cases provided for and shall be certified by the city clerk to the county treasurer and shall be payable as and when taxes on real property are collected; provided, that the refusal or failure of a property owner to remove debris or other matter detrimental to the health of the people of the city of Sparks and to elect to have the same removed by the city under the provisions of this act shall not bar or prohibit the health office or police department from proceeding against the owner or others by criminal complaint.


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

ê1929 Statutes of Nevada, Page 75 (CHAPTER 52, AB 118)ê

 

treasurer and shall be payable as and when taxes on real property are collected; provided, that the refusal or failure of a property owner to remove debris or other matter detrimental to the health of the people of the city of Sparks and to elect to have the same removed by the city under the provisions of this act shall not bar or prohibit the health office or police department from proceeding against the owner or others by criminal complaint.

      Sec. 2.  This act is hereby declared to be an emergency measure and shall become effective immediately upon its passage and approval.

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 53, AB 70

[Assembly Bill No. 70–Mr. Fanatia]

 

Chap. 53–An Act to amend an act entitled “An act providing for the division of Clark County, Nevada, into educational districts and providing for the government of the schools therein,” approved March 29, 1919, as amended and entitled “An act providing for the division of Clark County, Nevada, into educational districts, and providing for the government of the schools therein, and validating certain bonds of educational district No. 1, of said Clark County, Nevada,” approved March 11, 1921, as amended March 16, 1927.

 

[Approved March 16, 1929]

 

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 said board of educational district No. 1, subject always to the limitations of the general laws of the state, shall have the following powers and duties:

      (1) To adopt rules and regulations, not inconsistent with law or with the regulations of the state board of education, for the regulation and government of all schools within the district.

      (2) To see that the general laws of the state relating to education and the rules and regulations of the state board of education are enforced within their jurisdiction.

      (3) To have control of the fiscal policy of the elementary schools, the junior high schools, and high schools in the district.

      (4) To employ a superintendent and all principals, teachers, janitors, and other employees, and to discharge the same in accordance with law when sufficient cause therefor exists.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of board


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ê1929 Statutes of Nevada, Page 76 (CHAPTER 53, AB 70)ê

 

 

Powers and duties of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School census in district No. 1

      (5) To locate and maintain schools as needed within the district, to close schools in any subdistrict and in lieu thereof to arrange for the transportation of pupils to other schools whenever, in their judgment, such transportation of pupils is advisable, subject, however, to the provisions of section 7 of this act; provided, that when the number of children of school age from any subdistrict shall fall below three, such transportation shall not be required.

      (6) To select and purchase or otherwise acquire sites for elementary and high school buildings, or other houses for school use or for the residence of teachers.

      (7) To build and keep in repair all school buildings in accordance with law.

      (8) To sell or otherwise dispose of school property, school buildings, or school sites which have been abandoned or are no longer needed for school use; provided, the values involved do not exceed three thousand dollars ($3,000).

      (9) To provide for health supervision and instruction in the schools in order to conserve and guard the health of the children.

      (10) To do any and all other things that are necessary for the proper conduct, administration and maintenance of said schools or for the furtherance of sound educational policy in the district, and in accordance with the provisions of the school code.

      Sec. 2.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  For the purpose of taking the school census and for the purpose of apportioning state and county money to educational district No. 1, the school districts which were united to form educational district No. 1 shall be and are hereby retained as subdistricts of said educational district No. 1 as census districts. The school census shall be taken in each of the said census districts in conformity with the requirements of chapter 9, Statutes of Nevada, 1911, as amended 1913, and the superintendent of public instruction shall apportion state and county money to said educational district No. 1 according to the requirements of sections 151 and 152 of chapter 10 of the act concerning public schools (1911), using the above-named census districts as a basis. From the unorganized territory or that territory lying within the boundaries of educational district No. 1, but not included in the subdistricts mentioned above, new subdistricts may be created in accordance with sections 77 and 78 of chapter 7 of the school code, and such new subdistricts shall have the same status for census purposes and for the apportionment of state and county school money as the other subdistricts provided above. Nothing in this act shall be construed in any manner to penalize the said educational district No. 1 for organizing the territory within its boundaries, as in this act provided, for the purposes of unified administration and control of educational work, but said district shall be entitled to all the benefits of the general laws for the support and maintenance of elementary and high school education.


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ê1929 Statutes of Nevada, Page 77 (CHAPTER 53, AB 70)ê

 

this act provided, for the purposes of unified administration and control of educational work, but said district shall be entitled to all the benefits of the general laws for the support and maintenance of elementary and high school education.

      Sec. 3.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

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

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 54, SB 38

[Senate Bill No. 38–Senator Cowles]

 

Chap. 54–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, as amended March 29, 1927, chapter 177, and as further amended March 29, 1927, chapter 182.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  A 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, and by the same system or combined systems of 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, and in computing the total area in such proposed district, the public domain of the United States of America, excepting any portion thereof held by entrymen under any law of the United States, shall be excluded; 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 holder or holders of a bona fide contract to purchase at least five acres of land, and having been in the actual possession thereof at least one year under the terms of such contract, and whose names appear upon the preceding equalized county assessment roll for the payment of taxes of said land, shall be deemed the holder or holders of title thereto for all of the purposes of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Irrigation districts, how organized

 

 

Organizers must hold at least one-half of total area

 

Every signer must hold title to at least five acres


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ê1929 Statutes of Nevada, Page 78 (CHAPTER 54, SB 38)ê

 

 

County assessment roll to be evidence; U. S. receipts also evidence

 

 

 

 

 

 

 

 

District to have 3, 5, or 7 divisions; how settled

 

 

 

 

 

State land included in district; governor may sign petition

 

 

 

 

 

 

 

 

 

Repeal

In effect

taxes of said land, shall be deemed the holder or holders of title thereto for all of the purposes of this act. 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 owned and used by the State of Nevada for state purposes 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.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

________

 


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ê1929 Statutes of Nevada, Page 79ê

CHAPTER 55, SB 35

[Senate Bill No. 35–Senator Friedhoff]

 

Chap. 55–An Act to authorize the board of county commissioners of Lyon County to issue bonds to provide funds to aid in improving and constructing the state highway system in the county of Lyon, to authorize the levy of a tax and the establishment of a fund for redeeming bonds and paying the interest thereon; and other matters properly connected therewith.

 

[Approved March 16, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of assisting in or constructing those sections of highway, in Lyon County, extending from Mound House to Yerington, and that section of the highway extending from the Towle ranch to the town of Fernley, the board of county commissioners of Lyon County, Nevada, is hereby authorized and empowered to issue bonds of said Lyon County in the sum of not to exceed seventy-five thousand ($75,000) dollars, bearing not to exceed six (6%) per cent interest per annum thereon, said bonds to become due at the option of the board of county commissioners; provided, however, that no bond issued under the provisions of this act shall run for a longer period than ten years.

      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 commissioners of Lyon County. The bonds shall be numbered consecutively. The said board of county commissioners is authorized to issue and to negotiate the sale of bonds from time to time as the said board deems necessary, to the highest responsible bidders, for cash, at a price not less than their par value; the proceeds of such sales shall be placed in what shall be known as the Lyon County highway fund, which shall be used only for the purposes of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of obligations contracted under the provisions of this act. All money derived from the sale of said bonds to be expended by the county commissioners solely for the purpose of aiding in the construction of state highways within said Lyon County, either with federal aid or under county-state cooperative projects.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Highway bonds for Lyon County

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Bonds to be sold at not less than par

 

 

 

 

 

 

 

 

Proceeds used only for highway purposes


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

ê1929 Statutes of Nevada, Page 80 (CHAPTER 55, SB 35)ê

 

 

Denomination of bonds

 

 

 

Maturity of bonds

 

 

 

 

Provision for payment of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax levied for payment of bonds, when

said Lyon County, either with federal aid or under county-state cooperative projects.

      Sec. 4.  The said bonds shall be of the denomination of five hundred ($500) dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per cent (6%) per annum, said interest payable semi-annually on the first day of July and the first day of January of each year after the issuance of said bonds until paid in full. The bonds shall mature in the order of their number and at the rate of at least ten bonds each year until the total number of bonds issued shall have been redeemed; provided, however, that said board of county commissioners may, at their option, redeem as many additional bonds each year as the funds in the redemption fund will allow.

      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 “County-State Highway Fund,” as referred to in this act, shall be semi-annually, on the first day of January and on the first day of July of each year, transferred from the “County-State Highway Fund” of Lyon County into a fund to be known as the “Lyon County Highway Interest and Redemption Fund,” and the county auditor and county treasurer of Lyon County by and with the written consent of the directors of the department of highways and the state highway engineer are, and each of said officers is, hereby authorized and directed to make said transfer in the manner and at the times herein prescribed, and the principal and interest of and on said bonds shall be paid out of the moneys so transferred to and in said “Lyon County 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 Lyon 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 Lyon County, Nevada, is hereby authorized and empowered to levy a tax on all property in Lyon County, both real and personal, including the net proceeds of mines, sufficient to meet the principal and interest due and payable each year.


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

ê1929 Statutes of Nevada, Page 81 (CHAPTER 55, SB 35)ê

 

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 “Lyon County 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 Lyon County.

      Sec. 7.  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. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all of the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

      Sec. 9.  This act shall be in full force and effect on and after its passage and approval.

 

 

Interest to cease, when

 

Disposition of balance in fund

 

Legality of bonds not open to contest

 

Faith of state pledged

 

 

 

In effect

 

________

 

CHAPTER 56, SB 99

[Senate Bill No. 99–Senator Cowles]

 

Chap. 56–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 18, 1929]

 

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 three thousand ($3,000) 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.

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for Wadsworth school district No. 11


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

ê1929 Statutes of Nevada, Page 82 (CHAPTER 56, SB 99)ê

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

 

 

How redeemed

 

 

 

County commissioners guided by provisions of certain act

 

 

 

 

Election to determine bond issue

 

County commissioners to negotiate sale of bonds

 

 

 

Proceeds to go into certain fund

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.

      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.


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

ê1929 Statutes of Nevada, Page 83 (CHAPTER 56, SB 99)ê

 

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, 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.

 

 

 

 

Income; how disposed of

 

 

 

 

 

Principal and interest to be paid by tax levy

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax shall cease, when

 

 

 

 

 

County treasurer to cancel paid bonds


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

ê1929 Statutes of Nevada, Page 84 (CHAPTER 56, SB 99)ê

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

 

 

 

 

 

System deemed public use

 

In effect

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, 1929. The system herein provided for shall be deemed public use authorized by the legislature such as are assisted by the principal of eminent domain.

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

 

________

 

CHAPTER 57, AB 116

 

 

 

 

 

 

 

 

 

Courts to accept certain publications

 

 

 

Repeal

[Assembly Bill No. 116–Mr. Mathews]

 

Chap. 57–An Act concerning the proof of statutes of other jurisdictions.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Printed books or pamphlets purporting on their face to be the session or other statutes of any of the United States or the territories thereof, or of any foreign jurisdiction, or purporting on their face to be a revision or compilation of such statutes, shall be received in the courts of this state as prima-facie evidence of such statutes.

      Sec. 2.  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

 

________

 


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

ê1929 Statutes of Nevada, Page 85ê

CHAPTER 58, SB 85

[Senate Bill No. 85–Senator Dressler]

 

Chap. 58–An Act to regulate and fix the fees of the county clerk of Douglas County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Douglas County, State of Nevada, shall be allowed to charge, and to collect, the following fees; provided, however, that said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or the county of Douglas or any city or town within said Douglas County, or any officer thereof in his official capacity.

      On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, twelve dollars; said fee to be in addition to the court fee now provided for by law;

      On the filing of a petition for letters testamentary, or of administration, or guardianship, thirteen and 50/100 dollars, to be paid by the petitioner;

      On filing a petition to contest any will or codicil, fifteen dollars, to be paid by the petitioner;

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him, or them, ten dollars; for every additional defendant, appearing separately, five dollars.

      The foregoing fees shall be in full for all services rendered by such clerk in the case to and including the making up of the judgment roll.

      On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, five dollars;

      For issuing an execution or order of sale, in any action, one dollar;

      For filing a notice of appeal, and appeal bonds, each, one dollar;

      In all proceedings begun, or for acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or acts performed. The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, thirty cents;

 

 

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Douglas County


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

ê1929 Statutes of Nevada, Page 86 (CHAPTER 58, SB 85)ê

 

Fees of county clerk of Douglas County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

in the office of the clerk relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, thirty cents;

      For each certificate of the clerk, under the seal of the court, one dollar;

      For filing each claim in probate or insolvency proceedings, to be paid by the party filing such claim, twenty-five cents.

      No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

      For issuing marriage licenses, one-half to be paid to the county recorder, two dollars;

      For filing and indexing articles of incorporation, two dollars and fifty cents;

      For filing, indexing, and registering certificates of copartnership, two dollars and fifty cents;

      For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, one dollar;

      For issuing any license required by law, other than marriage licenses, one dollar;

      For examining and certifying to a copy of any paper, record, or proceeding prepared by another, and presented for his certificate, one dollar and five cents per folio for comparing said copy with the original;

      For making satisfaction of or credit on judgment, twenty-five cents;

      For filing and receiving remittitur from supreme court, one dollar;

      For administering each oath, without certificate, except in a pending action or proceeding, fifty cents;

      For taking an affidavit, except in criminal cases, fifty cents;

      For taking and approving each undertaking, and the justification thereof, except in criminal cases, one dollar;

      For searching records of files in his office, for each year (but not to charge suitors or attorneys), fifty cents;

      For taking acknowledgment of any deed, or other instrument, including the certificate, one dollar.

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

 

________

 


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ê1929 Statutes of Nevada, Page 87ê

CHAPTER 59, SB 81

[Senate Bill No. 81–Senator Bush]

 

Chap. 59–An Act to amend section 1 of “An act to regulate the fees of the county clerk of Humboldt County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith,” approved March 23, 1917.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Humboldt County, State of Nevada, as county clerk and ex officio clerk of the district court of the Sixth judicial district court of the State of Nevada, in and for Humboldt County shall, from and after the passage and approval of this act, charge and collect the following fees in civil, probate, and guardianship proceedings; provided, that said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or to the county of Humboldt:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, twelve dollars; said fee to be paid in addition to the court fee of three dollars now provided by law.

      On an appeal to the district court, to be paid by the party taking such appeal, seven dollars; said fee to be paid in addition to the court fee of one dollar now provided by law.

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him, or them, six dollars; for every additional defendant, or intervener, appearing separately, three dollars. The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making of the judgment roll. For all suits certified up from a justice court, involving the question of title or possession of real property, or otherwise to be paid by the plaintiff, five dollars, this to include the making of the judgment roll in such action.

      On filing of a petition for letters testamentary, or of administration or guardianship, eight dollars and fifty cents to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be collected the sum of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be in addition to the court fee of one dollar and fifty cents now provided by law; provided, however, that any petition filed for letters testamentary or of administration or guardianship, wherein the appraised value is less than two thousand dollars, the charge therefor to be collected, including the court fee, shall not exceed the sum of seven dollars.

 

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Humboldt County


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

ê1929 Statutes of Nevada, Page 88 (CHAPTER 59, SB 81)ê

 

Fees of county clerk of Humboldt County

charge therefor to be collected, including the court fee, shall not exceed the sum of seven dollars.

      On filing a petition to contest any will, or codicil, five dollars, to be paid by the petitioner.

      On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay the clerk in full for all services to be rendered in connection with said motion or proceeding, three dollars.

      For all services performed in an adoption case, five dollars.

      For all services performed in an action or proceeding which has been transferred from the district court of another county, thirteen dollars; this fee shall be in full or all services rendered in such suit so transferred to and making of the judgment roll. For any paper in a civil, probate or other matter certified to by the county clerk or clerk of the district court fifty cents, and for typing any such paper a charge of twenty cents per folio.

      For services performed and all papers filed in proceedings to perpetuate testimony, five dollars.

      For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or petition for the removal of the same, or objections to the settlement of any account, or of any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      For issuing marriage license, two dollars, one-half to be paid to the county recorder after such marriage license has been recorded.

      For filing and indexing certified copies of articles of incorporation, one dollar.

      For taking acknowledgment of any deed or other instruments, including certificate and seal for first name, seventy-five cents, and for each subsequent name, twenty-five cents.

      For administering an oath or affirmation, fifteen cents.

      For filing any claim in probate proceedings, to be paid by the party filing such claim, fifteen cents.

      For filing remittitur from the supreme court, fifty cents.

      For issuing execution, seventy-five cents.

      For filing certificate of partnership, twenty-five cents each name.

      For filing bond notary public, fifteen cents; indexing bond, twenty-five cents; recording bond twenty cents per folio, and for certifying to secretary of state record of any notary public having filed such bond, fifty cents.

      No fee shall be charged by the clerk for any services rendered in a criminal case. Nothing in this act shall affect any fees or charges made for any proceedings begun or for acts performed previous to this act becoming a law.


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

ê1929 Statutes of Nevada, Page 89 (CHAPTER 59, SB 81)ê

 

      Sec. 2.  All fees collected by said county clerk under the provisions of this act shall be by him turned into the general fund of Humboldt County each month; provided, he may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands and the naturalization of aliens.

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

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

Fees to go to general fund; may retain certain fees.

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 60, SB 39

[Senate Bill No. 39–Senator Bush]

 

Chap. 60–An Act to amend section 1 of an act entitled “An act to amend an act entitled ‘An act to prohibit the employment of any person except a native-born or naturalized citizen of the United States by any officer of the State of Nevada, or any political subdivision of the state, or by any person acting under or for such officer, or by any contractor with the State of Nevada, or with any political subdivision of the state, in the construction of public works, or in any office or department of the state or in any office or department of any political subdivision of the state; providing penalties for violations of this act, and other matters relating thereto,’ approved March 28, 1919,” approved March 21, 1921.

 

[Approved March 18, 1929]

 

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.  Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, or by any contractor with the State of Nevada, or any political subdivision of the state, or by any person acting under or for such officer or contractor, in the construction of public works or in any office or department of the State of Nevada, or political subdivision of the state, and in all cases where persons are so employed, preference shall be given, qualifications of the applicants being equal, first, to honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada; second, to other citizens of the State of Nevada; provided, nothing in this act shall be construed to prevent the working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work; nor to prevent the working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; nor to prevent the exchange of instructors between the University of Nevada and similar institutions of the North and South American countries; and provided further, that any alien so employed shall be replaced by any citizen, ward, or ex-service man of the United States applying for employment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain persons only may be employed on public works in Nevada


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

ê1929 Statutes of Nevada, Page 90 (CHAPTER 60, SB 39)ê

 

Exceptions as to employment in certain cases

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

citizens of the State of Nevada; second, to other citizens of the State of Nevada; provided, nothing in this act shall be construed to prevent the working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work; nor to prevent the working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; nor to prevent the exchange of instructors between the University of Nevada and similar institutions of the North and South American countries; and provided further, that any alien so employed shall be replaced by any citizen, ward, or ex-service man of the United States applying for employment.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 61, SB 30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for Fallon fair

 

 

For repairs at state fair grounds

 

 

For Nevada exhibit at Sacramento in 1929

[Senate Bill No. 30–Senator Berney]

 

Chap. 61–An Act granting aid to the state agricultural society for the purpose of holding state fairs, preparing and displaying exhibits for such fairs and at California state fair at Sacramento in 1929, repairing fair grounds and equipment; the payment of premium, and other purposes; and other matters connected therewith.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five thousand dollars for each of the years 1929 and 1930 is hereby appropriated, out of any moneys in the general fund of the state treasurer not otherwise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years at Fallon, Nevada.

      Sec. 2.  There is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to repair the state fair grounds and equipment at Fallon and Reno, Nevada, the sum of two thousand five hundred dollars.

      Sec. 3.  There is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to prepare and display a Nevada exhibit at Sacramento, California, during the month of September, 1929, the sum of $2,500, or two thousand five hundred dollars.


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

ê1929 Statutes of Nevada, Page 91 (CHAPTER 61, SB 30)ê

 

at Sacramento, California, during the month of September, 1929, the sum of $2,500, or two thousand five hundred dollars.

      Sec. 4.  The moneys hereby appropriated as provided in sections two and three of this act shall be used for such purposes as are provided in said sections; 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.

      Sec. 5.  Any moneys appropriated pursuant to the provisions of section two of this act shall be used only for the purpose indicated in said section.

 

 

Appropriations for certain purposes only

 

________

 

CHAPTER 62, SB 57

[Senate Bill No. 57–Senator Getchell]

 

Chap. 62–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended February 24, 1921, as amended March 11, 1921, as amended March 26, 1923, as amended February 28, 1925.

 

[Approved March 18, 1929]

 

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 to read as follows:

      Section 13.  All bills against the state highway fund for construction, improvement, or maintenance under the provisions of this act shall be certified by the state highway engineer and shall be presented and examined by the board of examiners and, when so allowed, upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer; provided, however, that upon the written request of the board of directors of the department of highways, the state controller of the State of Nevada is hereby authorized, empowered and directed to draw his warrant in favor of the state highway engineer in the sum of thirty thousand ($30,000) dollars, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer is hereby authorized, empowered and directed to pay the same. The said sum of thirty thousand dollars is to be known as the “State Highway Revolving Fund” and may be used by the said state highway engineer for the purpose of paying the current pay rolls of the department of highways and other obligations requiring prompt payment, and for no other purpose; and all bills or demands paid by him from said fund shall, after payment thereof, be passed upon by the board of examiners in the same manner as other claims against the State of Nevada, and when approved by the board of examiners the controller shall draw his warrant for the amount of such claim or claims in favor of the “State Highway Revolving Fund” to be paid to the order of the state highway engineer, and the treasurer shall pay the same.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“State Highway Revolving Fund”


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

ê1929 Statutes of Nevada, Page 92 (CHAPTER 62, SB 57)ê

 

 

 

 

 

Said fund deposited in banks

 

 

In effect

same manner as other claims against the State of Nevada, and when approved by the board of examiners the controller shall draw his warrant for the amount of such claim or claims in favor of the “State Highway Revolving Fund” to be paid to the order of the state highway engineer, and the treasurer shall pay the same. The state highway engineer is directed to deposit said state highway revolving fund in one or more banks of reputable standing, and to secure the said deposit by depository bonds satisfactory to the board of examiners.

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

 

________

 

CHAPTER 63, SB 37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County funds to be deposited in banks under certain conditions

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 37–Senator Friedman]

 

Chap. 63–An Act to amend an act entitled “An act creating and organizing the county of Pershing out of a portion of Humboldt County, and providing for its government, and to regulate the affairs of Humboldt County and Pershing County,” approved March 18, 1919.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 18 of the above-entitled act is hereby amended so as to read as follows:

      Section 18.  The county treasurer of Pershing County may, when a private or an incorporated bank is located at the county seat, deposit, with unanimous consent of his bondsmen, county funds in such bank or banks upon open account; and when no such bank or banks exist at such county seat, may deposit, with the unanimous consent of his bondsmen, county funds with any private or incorporated bank in the State of Nevada. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe. The balances in said banks, as certified to by the proper officer thereof, and by the oath of the county treasurer, may be counted as cash. All orders, checks or drafts drawn by the county treasurer on the banks with which county funds are deposited shall be countersigned by the county clerk thereof, and shall bear on their face the number of the county warrant for which such order, check or draft is issued.

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

 

________

 


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

ê1929 Statutes of Nevada, Page 93ê

CHAPTER 64, AB 7

[Assembly Bill No. 7–Mr. Gray]

 

Chap. 64–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, as amended March 26, 1927.

 

[Approved March 18, 1929]

 

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 for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, 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 in full upon its presentation, shall be deemed guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than one year, or in the state prison for not less than one nor more than five years. It shall be the duty of the court passing judgment upon a defendant after conviction, to fix the place of imprisonment, and if imprisonment in the county jail is prescribed, to fix a period of time for imprisonment therein. If, in the discretion of the court, imprisonment in the county jail is prescribed for a violation of this section, said crime shall be deemed a misdemeanor for all purposes after a judgment imposing such punishment. The word “credit” as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. 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 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 a felony

 

 

 

 

 

 

 

 

 

 

 

When misdemeanor


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

ê1929 Statutes of Nevada, Page 94 (CHAPTER 64, AB 7)ê

 

Prima-facie evidence to defraud

 

 

 

 

 

 

 

 

 

Repeal

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.

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

 

________

 

CHAPTER 65, AB 146

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School officers to administer oaths

 

 

 

 

 

 

School month; salaries of teachers

[Assembly Bill No. 146–Mrs. McGuire]

 

Chap. 65–An Act to amend sections 37 and 104 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 37 of the above-entitled act is hereby amended so as to read as follows:

      Section 37.  The superintendent of public instruction and the deputy superintendents of public instruction are hereby authorized to administer the oath (or affirmation) to teachers and all other oaths (or affirmations) relating to public schools; provided, that county high school principals and city superintendents may administer all oaths of offices and affirmations relating to the public schools of their own districts.

      Sec. 2.  Section 104 of the above-entitled act is hereby amended so as to read as follows:

      Section 104.  A school month shall consist of four weeks of five days each, and teachers shall be paid only for the time in which they are actually engaged in teaching; provided, however, that nothing herein contained shall prohibit the payment of teacher’s compensation in twelve monthly payments for ten months’ teaching; and provided, that all boards of school trustees are hereby authorized in their discretion to pay the salary of any teacher unavoidably absent from personal illness or from death in the immediate family; provided, such salary shall not be paid for more than ten school days in the aggregate in any one school year, or for more than twenty school days in the aggregate for any two consecutive years, or for more than thirty school days in the aggregate for any three consecutive years in the same school district, subject to the approval of the board of trustees; provided further, that when an intermission of less than six days is ordered by the trustees no deduction of salary shall be made therefor; and provided further, that when on account of sickness or epidemic a longer intermission is ordered by the board of school trustees or by a duly constituted board of health, and such intermission or closing does not exceed thirty days at any one time, there shall be no deduction or discontinuance of salary or salaries therefor.


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

ê1929 Statutes of Nevada, Page 95 (CHAPTER 65, AB 146)ê

 

from personal illness or from death in the immediate family; provided, such salary shall not be paid for more than ten school days in the aggregate in any one school year, or for more than twenty school days in the aggregate for any two consecutive years, or for more than thirty school days in the aggregate for any three consecutive years in the same school district, subject to the approval of the board of trustees; provided further, that when an intermission of less than six days is ordered by the trustees no deduction of salary shall be made therefor; and provided further, that when on account of sickness or epidemic a longer intermission is ordered by the board of school trustees or by a duly constituted board of health, and such intermission or closing does not exceed thirty days at any one time, there shall be no deduction or discontinuance of salary or salaries therefor. The term “teacher,” as used in this act, shall be understood to mean teachers, principals, and superintendents of the elementary and secondary schools of this state.

Payment of salaries during leave must be approved by board

 

________

 

CHAPTER 66, SB 88

[Senate Bill No. 88–Senator Berney]

 

Chap. 66–An Act to amend an act entitled “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto,” approved March 26, 1919, as amended February 26, 1925.

 

[Approved March 18, 1929]

 

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 to read as follows:

      Section 6.  The district attorney shall receive a salary of $2,100 per annum, and shall also be allowed his actual expenses when called from the county seat and in the discharge of the official duties of district attorney.

      Sec. 2.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  The salaries herein provided for shall be payable in twelve equal installments. The county auditor shall on the first day of each and every month draw a warrant on the salary fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the county treasurer shall pay said warrant out of said fund.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney

 

 

Salaries paid monthly

 

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 96ê

CHAPTER 67, AB 138

 

 

 

 

 

 

 

 

 

 

 

 

 

District judges to hear certain matters at chambers

 

 

 

 

In effect

[Assembly Bill No. 138–Mr. Gray]

 

Chap. 67–An Act to amend an act entitled “An act concerning the courts of justice of this state, and judicial officers,” approved January 26, 1865, as amended.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of the above-entitled act is hereby amended so as to read as follows:

      Section 20.  The district judges shall, at all reasonable times, when not engaged in holding courts, transact such business at chambers as may be done out of court. At chambers they may try and determine writs of mandamus, certiorari, quo warranto and default cases, hear and dispose of motions for new trials, and all applications for writs which are usually granted, in the first instance, upon ex parte application, and may also, in their discretion, hear and determine applications to discharge such orders and writs. They may also hear and determine applications for writs of assistance at chambers.

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

 

________

 

CHAPTER 68, Senate Substitute for Assembly Bill No. 49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax to provide funds for needy blind

[Senate Substitute for Assembly Bill No. 49–Committee on Counties and County Boundaries]

 

Chap. 68–An Act to amend an act entitled “An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and describing the powers and duties of board of county commissioners in every county,” approved February 25, 1925.

 

[Approved March 18, 1929]

 

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


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

ê1929 Statutes of Nevada, Page 97 (CHAPTER 68, Senate Substitute for Assembly Bill No. 49)ê

 

of creating a fund for the relief of the needy blind of their respective counties.

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

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

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

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

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

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

 

 

 

Must be resident of state

 

 

 

 

County commissioners to investigate applications for relief

 

 

 

 

 

 

 

 

 

 

 

 

$600 per annum maximum relief

 

Repeal

In effect

 

________

 


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

ê1929 Statutes of Nevada, Page 98ê

CHAPTER 69, Assembly Substitute for Senate Bill No. 19

 

 

 

 

 

 

 

 

 

 

 

 

 

Requirements of building and loan companies doing business in Nevada

[Assembly Substitute for Senate Bill No. 19–Committee on Banks and Banking]

 

Chap. 69–An Act pertaining to resident and nonresident joint-stock companies, associations and corporations doing a building and loan business or other similar business within the State of Nevada, and repealing all acts or parts of acts in conflict herewith.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  No joint-stock company, association or corporation heretofore or hereafter organized or created under the laws of the State of Nevada or any state, territory or possession of the United States, or foreign country, or governmental authority for the purpose of engaging in the building and loan business, or whose principal and primary purpose is to borrow, loan or invest money, or to deal in investment certificates, or to do other similar business, except a banking business or the business of financing the purchase of chattels other than securities on an installment plan shall be allowed to continue or do business, or sell its stock, its certificates, its debentures, or its investment certificates or contracts in this state after July 1, 1929, until it shall have first complied with all the laws of this state authorizing it to do business therein, and shall have deposited with the state treasurer the sum of $20,000 in money or bonds of the United States, or of a county or municipality of this state, or bonds of any other state of the United States, or a certificate of any trust company authorized to do business in the State of Nevada which shall state that it has in its possession subject to all the provisions of this act as applied to other deposits, first mortgages upon improved real estate located within this state, and deposited by such company, association or corporation, to the amount of fifty per cent in excess of the amount of any other form of deposit permitted by this act as a guaranty fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations or corporations shall do business; provided, that in lieu of such deposit such a company, association or corporation may furnish at its own expense a surety bond of a surety or bonding company authorized to do business in Nevada, of an amount equal to the amount of the deposit as provided for in this act; provided further, that the deposit provisions of this act shall not apply to any such company, association or corporation if organized under the laws of the State of Nevada, which has, as shown by its last statement to the bank examiner, invested in first mortgages and or first deeds of trust on improved real estate situated within the State of Nevada and or in real property within this state an amount equal to at least forty per cent of its total liability to security holders under such securities sold within the State of Nevada.


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

ê1929 Statutes of Nevada, Page 99 (CHAPTER 69, Assembly Substitute for Senate Bill No. 19)ê

 

within the State of Nevada and or in real property within this state an amount equal to at least forty per cent of its total liability to security holders under such securities sold within the State of Nevada.

      Sec. 2.  The deposit as provided for in the next preceding section of this act shall be the minimum deposit and whenever the total liability to security holders under securities sold within this state shall exceed one hundred thousand dollars an additional deposit of such bonds or trust certificates as enumerated in section one of this act shall be so made in an amount equal to at least twenty per cent of such excess over one hundred thousand dollars.

      Sec. 3.  No such deposit, except of cash, shall be valid for any purpose or be received by the state treasurer until the same shall be examined and approved by the state bank examiner and found by him to be of the value of $20,000 and to be readily convertible into cash, and a certificate of the bank examiner to that effect shall be filed with the state treasurer.

      Sec. 4.  No part of said fund so deposited shall be paid by the custodian thereof to or for the benefit of any person except one who entered into a contract for the purchase of securities upon which suit was brought within and while he was at least temporarily residing or employed within the State of Nevada, nor until proof has been filed with the custodian of such fund that said claimant has secured final judgment of a court of the State of Nevada or a federal court holden within said state against such company, association or corporation.

      Sec. 5.  Any of the bonds so deposited with the state treasurer or mortagages so deposited with a trust company may be withdrawn at any time upon others of a similar nature and equal value, similarly approved by the bank examiner, being substituted in lieu thereof, or upon proof that said depositor has not for the period of at least two (2) years continuously last past, sold any securities within this state and has permanently retired from business therein; provided, that in the event that any suit is pending against such depositor in any court of this state or federal court holden therein because of any sale of securities in this state, only such portion of the said deposits shall be withdrawn as is in excess of an amount equal to at least twice the amount involved in any such suit or suits.

      Sec. 6.  The bonds or mortgages used as deposits as required by this act shall be registered in the name of the state treasurer officially or be so assigned as to be readily convertible into cash by him and he is hereby authorized to so convert them whenever it shall become necessary for the purpose of satisfying any claim or claims filed under the provisions of section 4 hereof and to administer the funds so secured for the benefit of all claimants hereunder pro rata to the total of each such claim duly filed as provided in section 4 hereof.

 

 

 

Additional deposit, when

 

 

 

 

State bank examiner to approve deposit

 

 

 

Who to receive benefits of deposit

 

 

 

 

 

Deposit withdrawn, how and when

 

 

 

 

 

 

 

 

Bonds and mortgages deposited registered in name of state treasurer


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

ê1929 Statutes of Nevada, Page 100 (CHAPTER 69, Assembly Substitute for Senate Bill No. 19)ê

 

 

 

Deposits defined

 

 

 

Securities redeemable after one year with interest

 

 

 

 

 

 

 

 

Bank examiner must authorize sale of securities

 

 

 

 

 

 

 

 

 

 

 

 

License to sell securities to run for one year

so secured for the benefit of all claimants hereunder pro rata to the total of each such claim duly filed as provided in section 4 hereof.

      Sec. 7.  The deposits mentioned herein shall be and hereby are especially designated as an additional protection of Nevada investors and in no way an abridgement of any other legal rights of such investors.

      Sec. 8.  No such company, association or corporation shall be permitted to sell within this state any securities which shall not by their terms, and by the terms of any contract for the purchase thereof, without reference to any other instrument, set forth the withdrawal or surrender cash value thereof after payment of each regular installment thereon from the date thereof until fully paid and which shall not be redeemable in cash at any time after one (1) year upon reasonable notice as determined by the state bank examiner for an amount equal to at least the amount paid therefor together with interest at a rate of not less than four per centum per annum thereon less a reasonable entrance fee which shall not exceed two dollars on each $100, matured value, of securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per $100 matured value of securities subscribed.

      Sec. 9.  No such company, association or corporation shall sell any securities in this state until it has first submitted all forms of securities, contracts and applications therefor to be used in this state and a financial statement to the bank examiner and received from him a license authorizing the sale of such securities and approving the form of contract to be used and securities to be sold, and if a deposit is required by this act, the bank examiner shall not issue any such license until he has had exhibited to him a receipt of the state treasurer, and filed in his office a duplicate thereof, evidencing that the bonds or trust certificates as enumerated in section one of this act, duly-approved by the bank examiner if not in cash, have been deposited as in this act provided, nor until and unless he shall have approved the form of securities and contract to be sold and satisfied himself that the financial and moral standing of the company, association or corporation is such that it is reasonably probable that it can and will perform its contract. The bank examiner shall keep on file copies of all licenses issued by him attached to the contracts or securities authorized and approved by him.

      Sec. 10.  The license mentioned in section 9 of this act shall authorize the company, association or corporation to whom it is issued, to sell its approved securities and contracts within this state for the period of one year from date thereof; provided, that no person shall, on behalf of any such company, association or corporation, solicit purchasers for any such securities, or contracts, who is not licensed so to do as provided in section 11 of this act.


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

ê1929 Statutes of Nevada, Page 101 (CHAPTER 69, Assembly Substitute for Senate Bill No. 19)ê

 

association or corporation, solicit purchasers for any such securities, or contracts, who is not licensed so to do as provided in section 11 of this act.

      Sec. 11.  No person shall, as agent, representative, or employee of any such company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for sale of securities until he shall have been first licensed as a salesman or solicitor for sales of such securities by the bank examiner of this state, and no person shall be so licensed for a period of more than one year, nor unless he shall have first furnished to the bank examiner satisfactory evidence of personal integrity.

      Sec. 12.  For the issuing of any license provided for in section 9 of this act the fee of said bank examiner shall be the sum of one hundred dollars, and for any license provided for in section 11 hereof the sum of two dollars. All sums so received by the bank examiner shall be forthwith delivered to the state treasurer.

      Sec. 13.  Any such company, association or corporation that shall violate any provision of this act or fraudulently misrepresent the terms of any contract for the sale of any such securities, and thereby secure a sale therefor, shall be guilty of gross misdemeanor, and upon conviction thereof shall be subject to a fine of not exceeding one thousand dollars and to forfeiture and revocation of any and all licenses issued to it under the provisions of this act.

      Sec. 14.  Any person licensed under section 11 of this act who shall violate any provision of this act, or sell any such securities as the result of any fraudulent misrepresentation as to the terms of the contract of sale, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or imprisonment in the county jail for not more than six months, or to both such fine and imprisonment, and the license issued to him shall be forfeited and revoked.

      Sec. 15.  Any person selling or offering for sale within this state any such securities of any such company, association or corporation which has not received the license provided for in section 9 of this act, or who shall not himself have secured the license provided for in section 11 of this act, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than five hundred dollars, or to imprisonment in the county jail for not exceeding six months, or to both such fine and imprisonment.

      Sec. 16.  Whenever it shall be made to appear to the bank examiner that any such company, association or corporation shall have suffered financial loss to the extent that, or from other cause, it is probable that it cannot or will not fulfill and perform the obligations of its contracts for the sale of such securities, either already in existence or thereafter to be entered into, it shall be the duty of the bank examiner to revoke any license or licenses theretofore issued to it and to refrain from issuing to it any further license or licenses until such conditions shall be remedied and overcome.

 

 

Agents must procure license

 

 

 

 

 

Fees for licenses

 

 

 

Penalties for violation of act

 

 

 

 

Fraudulent misrepresentation a misdemeanor

 

 

 

 

Penalty for operating without license

 

 

 

 

 

Duties of bank examiner in event of financial loss


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

ê1929 Statutes of Nevada, Page 102 (CHAPTER 69, Assembly Substitute for Senate Bill No. 19)ê

 

 

 

 

Effect of revocation of license

 

 

 

 

Bank examiner may demand financial statement

 

 

 

Statement to be filed prior to issuing license

 

 

Certain terms defined

 

 

 

 

 

 

 

 

 

 

 

 

Each section to be construed separately

entered into, it shall be the duty of the bank examiner to revoke any license or licenses theretofore issued to it and to refrain from issuing to it any further license or licenses until such conditions shall be remedied and overcome.

      Sec. 17.  The revocation of any license issued under any of the provisions of this act shall, from the date of such revocation, place the company, association, corporation, individual or person to whom it was issued in the same legal status and subject to the same prohibitions and penalties as one to whom no license has been issued.

      Sec. 18.  The bank examiner may at any and all reasonable times demand from any such company, association or corporation a statement of its financial condition under oath of an officer thereof, and if a complete statement shall not be furnished within thirty (30) days after such demand, may revoke any license theretofore issued to it under the provisions of this act and refuse to issue any new license until such statement be furnished.

      Sec. 19.  No license shall be issued under the provisions of section 9 of this act unless a statement under oath of the applicant or an officer thereof showing fully and in detail the condition of the applicant therefor at a date not earlier than sixty days prior to the application for license shall be furnished to the bank examiner.

      Sec. 20.  Whenever in this act the words “such company, association or corporation,” or words of similar import shall be used, they shall be construed as referring to those enumerated in section 1 of this act, and whenever the words “such securities” or “securities” shall be used, they shall be construed as meaning the stock, certificates, debentures or investment certificates or contracts mentioned in section 1 hereof, and whenever the word “license” is used it shall be construed as meaning the license referred to in section 9 or section 11 hereof in accordance with which shall best carry into effect the meaning and provisions of this act. The words “Bank Examiner,” used in this act shall be construed as meaning the bank examiner of the State of Nevada, and the words “Treasurer,” or “State Treasurer,” as meaning the treasurer of the State of Nevada. Wherever the word “custodian” has been used it shall be construed as though “State Treasurer” has been used. Wherever the word “depositor” shall be used it shall be construed as meaning “company, association or corporation” that has made the deposit mentioned in section 1 of this act.

      Sec. 21.  Each section of this act shall be construed separately, and not as a necessary part of this act so that in the event of any part of this act being declared to be unconstitutional, it shall not affect the constitutionality of any other part of the act, but each section shall be construed as in itself a complete act.


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

ê1929 Statutes of Nevada, Page 103 (CHAPTER 69, Assembly Substitute for Senate Bill No. 19)ê

 

      Sec. 22.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Repeal

 

________

 

CHAPTER 70, SB 127

[Senate Bill No. 127–Senator Miller]

 

Chap. 70–An Act to amend an act entitled “An act to amend an act entitled ‘An act to amend an act entitled “An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon, in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of said bonds, and other matters relating thereto,” approved March 4, 1921, approved March 26, 1923,’ and to add a new section to be known as section 24,” approved March 5, 1925.

 

[Approved March 18, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, as amended, is hereby amended so as to read as follows:

      Section 17.  (a) The chairman of the board of county commissioners of said county shall be general manager of such system, and shall receive as such general manager a sum of not to exceed thirty dollars per month, to be paid as other claims against said county. The general manager shall employ a qualified and competent engineer who shall have had at least three years’ practical experience as a consulting electrical engineer, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be responsible to said board for his action in connection with the operation of said system. He shall devote his entire time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board; provided, however, his salary shall not exceed the sum of two hundred and fifty ($250) dollars per month. The board may also employ a technical adviser as consulting electrical engineer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairman board of county commissioners to be general manager


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

ê1929 Statutes of Nevada, Page 104 (CHAPTER 70, SB 127)ê

 

 

May employ additional employees

 

 

 

 

 

 

 

To make monthly and annual reports

 

 

 

 

 

 

 

 

 

 

 

 

 

Portions of system may be salvaged, when

 

 

Receipts of system to go into fund

may also employ a technical adviser as consulting electrical engineer.

      (b) Said general manager may employ such additional necessary employees as may from time to time be required, and fix their compensation, which shall not exceed six dollars ($6) per day; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bonds prior to assuming the duties of his office in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

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

      (d) The board of county commissioners are hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of two years or more.

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

      Section 19.  All moneys received for the service of electrical energy and current, or from the sale of material or supplies, and all other revenues accruing therefrom or in connection therewith, excepting taxes, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the “Light and Power Fund,” which is hereby created, and the board of county commissioners may from time to time set aside such portion thereof as may be necessary or advisable to provide for the maintenance and operation of the Mineral County power system.


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

ê1929 Statutes of Nevada, Page 105 (CHAPTER 70, SB 127)ê

 

County power system. Surplus receipts after providing for the expense of operation and maintenance, shall be apportioned and used for the payment of interest and for redemption of the bonds hereinbefore provided for, and after the redemption of all outstanding bonds and the payment of the interest due thereon, any remaining surplus may be transferred to the county general fund. Any deficiency which may be incurred in the “Light and Power Fund” by reason of insufficient revenues or otherwise, shall be a charge upon and be paid from the county general fund; provided, however, that whenever there shall be in such “Light and Power Fund” moneys not needed for immediate use, any surplus may be transferred to the county general fund by order of the board of county commissioners, to repay moneys theretofore advanced to such light and power fund; provided further, that the board of county commissioners shall cause to be set aside monthly from the gross operating revenues of such system such percentage thereof as may be required, but not more than five per cent (5%), as a replacement fund; provided, the board may, whenever deemed necessary, transfer any or all funds from the replacement fund into the fund used for general operating expenses.

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

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

Surplus, how disposed of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 71, SB 111

[Senate Bill No. 111–Senator Miller]

 

Chap. 71–An Act fixing the salaries of certain officers of Mineral County.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers of Mineral County, State of Nevada, shall receive, in full payment for all services and ex officio services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of ten hundred ($1,000) dollars per annum, and for his services as ex officio county assessor and ex officio collector of licenses, the sum of three thousand ($3,000) dollars per annum.

      The sheriff is hereby authorized to appoint not more than one undersheriff, and said undersheriff (who shall also be deputy county assessor and deputy collector of licenses), shall receive a salary of two thousand one hundred ($2,100) dollars per annum.

 

 

 

 

 

 

 

 

 

Salaries of officers of Mineral County

 

Sheriff and ex officio assessor

 

Undersheriff


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

ê1929 Statutes of Nevada, Page 106 (CHAPTER 71, SB 111)ê

 

 

Deputy sheriffs

 

 

 

 

 

County clerk, ex officio treasurer

Deputy county clerks

 

 

 

 

 

 

 

 

Clerk of district court

 

 

 

 

Recorder, ex officio auditor

 

Deputy recorder

 

 

 

District attorney

shall receive a salary of two thousand one hundred ($2,100) dollars per annum.

      The sheriff is authorized to appoint such additional deputies (who shall also be deputy assessors and deputy collectors of licenses) as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

      The county clerk, for services as county clerk, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county treasurer, the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county clerk is hereby authorized to appoint one deputy county clerk (who shall also be deputy county treasurer), at a salary of five ($5) dollars per day, for a period of not to exceed ten days in any one month, unless with the consent of the board of county commissioners; provided, however, during the months of September and October preceding any general election said county clerk is authorized to appoint a deputy county clerk (who shall also be deputy county treasurer), for such period in such months as shall be necessary, at a salary of not to exceed five ($5) dollars per day.

      The county clerk shall also be authorized to appoint a deputy clerk to act as clerk of the district court for each day the district court may be in session and for such additional time as may be necessary to write out the permanent record of the court minutes, at a salary of not to exceed five ($5) dollars per day, and the claim for such services, when approved by the district judge, shall be allowed, audited and paid out as are other claims against the county.

      The county recorder, for services as county recorder, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county auditor shall receive the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county recorder is hereby authorized to appoint one deputy county recorder (who shall also be deputy county auditor), at a salary of five ($5) dollars per day, for a necessary period in any one month whenever the receipts of said office for the previous month shall have been not less than two hundred ($200) dollars.

      The district attorney shall receive the sum of two thousand four hundred ($2,400) dollars per annum, which shall be his compensation in full for his services as district attorney, except that he shall be allowed such additional sum for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may also employ such deputies as may be necessary; the compensation for such deputies to be fixed and approved by the board of county commissioners.


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

ê1929 Statutes of Nevada, Page 107 (CHAPTER 71, SB 111)ê

 

such deputies as may be necessary; the compensation for such deputies to be fixed and approved by the board of county commissioners.

      Each member of the board of county commissioners shall receive nine hundred ($900) dollars per annum, to be paid in equal monthly installments, and in addition thereto each member of the board shall be entitled mileage at the rate of forty (40) cents per mile, one way only, over the shortest practicable route from their place of residence when attending a session of the board.

      The public administrator and county surveyor shall receive the same compensation as is now allowed by law to these officers.

      The board of county commissioners is hereby authorized and directed to allow such compensation as may be necessary, but not to exceed four ($4) dollars per day, for the payment of such additional clerk and assistants as may be needed in the office of the county clerk and ex officio county treasurer, sheriff and ex officio county assessor and ex officio collector of licenses, county recorder and ex officio county auditor, and district attorney, respectively, as herein provided, and such claims, when approved by the officer in whose office the work is performed, shall be allowed, audited and paid as are other claims against the county.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

Board of county commissioners

 

 

 

Public administrator and surveyor

 

Salaries of additional assistants

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 72, SB 97

[Senate Bill No. 97–Senator Getchell]

 

Chap. 72–An Act for the relief of the Nevada Central railway company.

 

[Approved March 19, 1929]

 

      Whereas, On the 21st day of December, 1928, a highway truck of the State of Nevada collided with a motor car of the Nevada Central railway company at a crossing of said railway company with the state highway, near Austin, Lander County, Nevada; and

      Whereas, Said collision was the result of negligence on the part of the driver of said truck; and

      Whereas, The damage to the property of said Nevada Central railway company was in the full sum of two thousand dollars; and

      Whereas, Said Nevada Central railway company has not been compensated for said damage; and

 

 

 

 

 

 

Reimbursing Nevada Central railway for damages


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

ê1929 Statutes of Nevada, Page 108 (CHAPTER 72, SB 97)ê

 

 

 

 

 

 

 

 

Appropriation, $2,000

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

 

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

Assembly, do enact as follows:

 

      Section 1.  The claim of the Nevada Central railway company in the sum of two thousand dollars ($2,000) is hereby allowed and declared to be a valid claim against the highway department of the State of Nevada, and said sum is hereby appropriated out of any moneys in the state highway fund, not otherwise appropriated, to pay the said claim of said Nevada Central railway company, and the state controller is directed to draw his warrants in said amount in favor of the Nevada Central railway company, and the state treasurer is directed to pay the same from said appropriation.

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

 

________

 

CHAPTER 73, AB 131

 

 

 

 

 

 

 

 

 

 

 

 

 

Stock not to be driven from range

 

 

Proviso

[Assembly Bill No. 131–Mr. Swallow]

 

Chap. 73–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and the acts amendatory thereof or supplementary thereto.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 377 of the above-entitled act is hereby amended so as to read as follows:

      Section 377.  It shall be unlawful for any person or persons to lead, drive, or in any manner remove any horse, mare, colt, jenny, jack, mule, or any head of neat cattle, or hog, sheep, goat, or any number of these animals, the same being the property of another person, from the range on which they are permitted to run in common, without the consent of the owner thereof first had and obtained; provided, the owner of any such animals, as aforesaid, finding the same running on the herd grounds or commons with other animals of the same kind may be permitted to drive his own animal or animals, together with such other animals as he cannot conveniently separate from his own, to the nearest and most convenient corral or other place for separating his own from other animals if he, in such case, immediately, with all convenient speed, drive all such animals not belonging to himself back to the heard ground from which he brought such animals.


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

ê1929 Statutes of Nevada, Page 109 (CHAPTER 73, AB 131)ê

 

which he brought such animals. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction thereof shall be punishable by a fine of not less than twenty nor exceeding five hundred dollars, or imprisonment not exceeding six months nor less than thirty days, or both; and such person, shall, in addition to the penalty provided herein be civilly liable to the owner or owners of such live stock so removed from such range in the value of all such stock and the necessary expenses incident to their return.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

Penalty for violation

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 74, AB 159

[Assembly Bill No. 159–Committee on Claims]

 

Chap. 74–An Act to pay the deficiency in the appropriation for the Nevada public service commission for the years 1927-1928.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of eleven hundred six and 37/100 ($1,106.37) dollars is hereby appropriated out of any moneys in the general fund of the state, not otherwise appropriated, for the payment of the deficiencies in the appropriation for the Nevada public service commission for the years 1927-1928, as follows:

      James B. Walker, $50; department of highways of the State of Nevada, $746.10; John E. Benton, $250; Carson Valley Bank, $60.27.

      Sec. 2.  The state controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this act, and the state treasurer is hereby directed to pay the same.

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

 

 

 

 

 

 

 

 

 

 

Deficiency appropriation, $1,106.37

 

 

 

Duties of controller and treasurer

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 110ê

CHAPTER 75, AB 166

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hearings of complaints against public utilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ten days’ notice given

 

 

 

 

Hearings, how conducted

[Assembly Bill No. 166–Committee on Ways and Means]

 

Chap. 75–An Act to amend an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, as amended March 6, 1925.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act is hereby amended so as to read as follows:

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

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

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


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

ê1929 Statutes of Nevada, Page 111 (CHAPTER 75, AB 166)ê

 

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

      (c) All hearings of said commission shall be held at Carson City, Nevada, unless otherwise ordered by resolution of the board of examiners.

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

 

 

 

 

 

Hearings at Carson City

 

In effect

 

________

 

CHAPTER 76, AB 124

[Assembly Bill No. 124–Mr. Swallow]

 

Chap. 76–An Act to provide for the inspection of hides, providing compensation therefor, and other matters relating thereto.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Hereafter every person before selling the meat of any neat cattle, shall have the hide thereof, with ears attached, inspected for brands and marks, and the carcass or part thereof desired to be sold, stamped as provided herein, by some sheriff, deputy sheriff, constable, deputy constable, justice of the peace, or inspector of the state board of stock commissioners.

      Sec. 2.  It shall be the duty of all sheriffs, deputy sheriffs, constables, deputy constables, justices of the peace, and inspectors of the state board of stock commissioners to inspect such hides and stamp such carcasses, or parts thereof, in accord with this act.

      Sec. 3.  The inspecting officer shall enter in a book to be furnished by the state board of stock commissioners for that purpose the place and date of such inspection, name and address of person presenting hide and meat for inspection, name and address of owner of the animal concerned as alleged by applicant for inspection and, from his own observation of hide and carcass, or part thereof, apparent age, sex and color of the animal concerned, and the marks and brands on the hide; provided, that inspection as provided herein shall be refused in the case of any hide not branded, or bearing any marks and brands other than those of legal record in the name of the person requesting inspection, unless such person shall present to the inspecting officer satisfactory evidence of his or her right of possession.

 

 

 

 

 

 

 

 

 

 

Hide of neat cattle inspected; carcass stamped

 

 

Duties of officers

 

 

 

Record to be kept


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

ê1929 Statutes of Nevada, Page 112 (CHAPTER 76, AB 124)ê

 

 

Ear of animal to be retained as evidence of inspection

 

 

 

State board stock commissioners to supervise operation of act

 

 

 

Act to control sale of meat

 

Purchase of meat

 

 

 

Who shall inspect hides and meat; fee

 

 

 

Provisions of act not to apply, when

 

 

 

Penalty for violation

      Sec. 4.  As evidence of inspection the inspecting officer shall remove one ear from the hide inspected and place on the outside in the case of skinned carcasses and the inside in the case of unskinned carcasses of at least each quarter of any carcass or part carcass presented for inspection the imprint in indelible ink of the official inspection stamp authorized to be adopted, supplied by, and used under instructions and authority of the state board of stock commissioners by this act.

      Sec. 5.  The state board of stock commissioners is hereby authorized and empowered to originate, secure, and issue to persons authorized by this act to conduct the inspections as provided for herein, official stamps, under such rules and regulations as said state board of stock commissioners shall adopt. These stamps shall contain such data as in the opinion of the board will best furnish evidence of inspection as provided for herein. Possession or use of such stamps or copies thereof except as authorized herein shall be unlawful.

      Sec. 6.  Hereafter it shall be unlawful for any person to offer for sale or sell the meat of any neat cattle without first having the hide thereof and the carcass or parts of carcass concerned inspected, marked and stamped as provided for herein.

      Sec. 7.  It shall be unlawful for any person to buy the meat of any neat cattle in quantities of a quarter of a carcass or more, except the carcass or part carcass thereof bears from the personal observation of such person the inspection stamp provided for herein.

      Sec. 8.  Inspection of hides and meat as provided for herein is restricted at county seats to sheriffs or deputy sheriffs or inspectors of the state board of stock commissioners. Expecting regularly employed inspectors of the state board of stock commissioners, those authorized by this act to perform such inspectors shall be, unless otherwise ordered by the state board of stock commissioners, entitled to charge and receive for such inspection a fee of twenty-five cents ($0.25).

      Sec. 9.  The provisions of this act shall not apply to the sale or purchase of the meat of neat cattle slaughtered and entering the channels of trade through official establishments under the supervision of the United States department of agriculture and bearing the official United States government stamp indicating such inspection.

      Sec. 10.  Any person who shall violate the provisions of this act, or do or perform any act or thing in this act declared to be unlawful, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison of the State of Nevada not less than one year nor more than fourteen years.

 

________

 

 


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

ê1929 Statutes of Nevada, Page 113ê

CHAPTER 77, AB 160

[Assembly Bill No. 160–Mr. Hussman]

 

Chap. 77–An Act to provide for the care and education of feeble-minded children, and other matters properly connected therewith.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the various counties of this state are hereby required to make provision for the support, education and care of the feeble-minded children of their respective counties; and for that purpose they are hereby empowered to make all needful contracts and agreements to carry out the provision of this act. Any such agreement or contract may be made with any responsible parties or institution, in or without the State of Nevada.

      Sec. 2.  Upon the application under oath of a parent, relative, guardian or nearest friend of any feeble-minded child, resident of this state, setting forth that by reason of deficient mental understanding, such child is disqualified from being taught by the ordinary process of instruction or education, and that such parent, relative, guardian or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions, and filing the same with the board of county commissions of the proper county, and such board shall be satisfied of the truth thereof, it shall be the duty of the county commissioners to issue a certificate to that effect, which certificate, being produced, shall be the authority of any such institutions aforesaid for receiving any such feeble-minded child; provided, that in case of any inmates of the state orphans’ home being adjudged feeble-minded, the institution is authorized to receive such child from the board of directors of said home and shall make provision for such child in the same manner as if received from a board of county commissioners.

      Sec. 3.  All children who are entitled to relief and are free from offensive or contagious diseases, and are unable to pay for their support, education and instruction in any institution, and whose parent, relative, guardian, or nearest friend is unable to pay for his or her support, education and instruction in any of the aforesaid institutions, shall be entitled to the benefits intended by this act, and it is hereby made the duty of the board of county commissioners of such county to make provision, at the expense of the county, who shall make necessary arrangements for carrying the person to any institution of instruction before mentioned, at the expense of the county.

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

 

 

 

 

 

 

 

 

 

 

County commissioners to provide care for feeble-minded children

 

 

 

Application under oath to be filed; procedure

 

 

 

 

 

 

 

 

 

 

 

 

Who entitled to benefits of act

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 114ê

CHAPTER 78, SB 73

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of dental examiners created; terms of office

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of board

[Senate Bill No. 73–Senator Proctor]

 

Chap. 78–An Act to amend “An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as ‘An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada,’ approved March 16, 1895,” approved March 16, 1905.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  A board of dental examiners to consist of five (5) reputable and ethical practicing dentists is hereby created, to be known as the board of dental examiners of Nevada, whose duty it shall be to carry out the purposes and provisions of this act. The members of this board shall be appointed by the governor of Nevada, all of whom shall have been actively and legally engaged in the practice of dentistry in the State of Nevada for at least one year next preceding the date of their appointment, and none of whom shall be members of the faculty of any dental college or dental department of any medical college in the State of Nevada, or shall have any financial interest in any such college. The said five (5) shall compose the board of dental examiners of Nevada. The term for which the members of said board shall hold office shall be four (4) years, except that two of the members of the board first to be appointed under this act shall hold their term of office for the term of one year, two for the term of two years, and one for the term of three years, and until their successors are duly appointed and qualified. In case a vacancy occurs in the membership of said board, such vacancy shall be filled by appointment by the governor within thirty (30) days after such vacancy occurs.

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

      Section 3.  It shall be the power and duty of said board to organize by the election of one of its members president, another secretary, and another treasurer, who shall be elected at the first regular meeting of the year and who shall hold their offices for one year, to meet twice a year. Said regular meetings to be held at such place as the board may designate, on the first Monday of June and December, for the purpose of examining applicants and such other business as may come before the board. Call meetings, for a purpose other than examining applicants, may be called at such time and place as the board may elect, or on the call of the president of the board, or of not less than three (3) members thereof; a written notice of the time, place and object of such called meeting to be mailed by the secretary of said board to all the members thereof not parties to the call, at least fifteen (15) days before the day of meeting; to examine all applicants for licenses to practice dentistry according to the provisions of this act; to collect and apply all fees as directed by this act; to keep a book showing the names of all persons to whom licenses have been granted by said board to practice dentistry and such other books as may be necessary to plainly show all the acts and proceedings of said board; to have and to use a seal bearing the name “Nevada State Board of Dental Examiners.”

 


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

ê1929 Statutes of Nevada, Page 115 (CHAPTER 78, SB 73)ê

 

other than examining applicants, may be called at such time and place as the board may elect, or on the call of the president of the board, or of not less than three (3) members thereof; a written notice of the time, place and object of such called meeting to be mailed by the secretary of said board to all the members thereof not parties to the call, at least fifteen (15) days before the day of meeting; to examine all applicants for licenses to practice dentistry according to the provisions of this act; to collect and apply all fees as directed by this act; to keep a book showing the names of all persons to whom licenses have been granted by said board to practice dentistry and such other books as may be necessary to plainly show all the acts and proceedings of said board; to have and to use a seal bearing the name “Nevada State Board of Dental Examiners.”

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

      Section 4.  Out of the funds coming into the possession of the board, each member of said board may receive as compensation ten dollars ($10) for each day actually spent in attending to the duties of his office, and traveling expenses going to and coming from the meetings of the board. Said expenses shall be paid from the fees received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall ever be paid out of the general fund of the state treasury. The secretary shall receive a compensation of one hundred dollars per year, said compensation to be paid as other claims against the state.

      Sec. 4.  Section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  Said board shall examine all applicants for examination who shall furnish satisfactory evidence of having complied with the provisions of this act relating to qualification for examination, and all persons satisfactorily passing such examinations shall be granted by said board a license to practice dentistry in the State of Nevada. The examination of applicants shall be elementary and practical in character, but sufficiently thorough to test the fitness of the candidate to practice dentistry. It shall include, written in the English language, questions on the following subjects: Anatomy, physiology, chemistry, materia medica, therapeutics, metallurgy, histology, pathology, operative and prosthetic dentistry, hygiene and dental jurisprudence, the answers to which shall be written or oral in the English language. Demonstrations of the applicant’s skill in operative and prosthetic dentistry must also be given. All persons successfully passing such examination shall be registered as licensed dentists on the board register, as provided in section 3, and shall also receive a certificate of such registration; said certificate to be signed by the president and secretary of said board.

 

 

 

 

 

 

 

 

 

 

 

 

Compensation of board members

 

 

 

 

Salary of secretary

 

 

 

Board to examine applicants and grant licenses


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

ê1929 Statutes of Nevada, Page 116 (CHAPTER 78, SB 73)ê

 

 

 

 

 

Eligibility of applicants

 

 

 

 

 

 

 

 

 

Board to formulate rules

 

 

 

 

 

 

Fee of $25 for license to practice

 

Annual fee, $2; may be reduced or remitted

 

 

 

 

 

 

 

 

Certified list of practicing dentists to be filed with county clerks

and secretary of said board. In no case shall any applicant be examined or given a certificate who is not twenty-one years of age.

      Sec. 5.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  No person shall be eligible for examination by the state board of dental examiners who shall not furnish satisfactory evidence of having graduated from a reputable dental college, which must have been indorsed by the board of dental examiners of Nevada, or cannot furnish to said board of examiners a certificate from the state board of dental examiners, or similar body, of some other state in the United States, showing that he or she has been a licensed practitioner of dentistry in that state for at least five (5) years.

      Sec. 6.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  Said board may from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the authority to take evidence as to any matter cognizable by it.

      Sec. 7.  Section 11 of the above-entitled act is hereby amended so as to read as follows:

      Section 11.  Every person applying to the board of dental examiners for a license to practice dentistry shall pay to the board a fee of twenty-five ($25) dollars, which shall in no case be refunded. Every licensed dentist shall, on or before the first day of May of each year, except the one in which he is licensed, pay to the secretary of the board of dental examiners a fee of two ($2) dollars, which shall be paid into a fund to be used in carrying out the provisions of this act. The year for which a fee shall be paid shall begin the July first following the May when it becomes due and end the succeeding June thirtieth. The board may reduce or remit altogether said fee for any year, but such reduction or remission must be made alike to all liable to pay the same. In case any person defaults in paying said fee his license may be revoked by the board of dental examiners on thirty days’ notice in writing from the secretary, unless within said time said fee is paid, together with such penalty, not exceeding ten ($10) dollars, as the board may impose. Upon payment of said fee and penalty the board shall reinstate the delinquent’s license. On or before the first day of July of each year the secretary of the board shall send to the county clerk of each county in the state a certified list of all practicing dentists therein who have paid said fee, and the clerk shall enter or paste the same in the register of dentists.


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

ê1929 Statutes of Nevada, Page 117 (CHAPTER 78, SB 73)ê

 

All moneys received under this act shall be deposited in a special fund in the state treasury to be known as the “State Dental Fund,” and shall be paid out on warrants as other state funds.

      Sec. 8.  This act shall become effective from and after its passage and approval.

Disposition of receipts

 

 

In effect

 

________

 

CHAPTER 79, AB 162

[Assembly Bill No. 162–Washoe County Delegation]

 

Chap. 79–An Act to amend section 2 of article VII and section 4 of article VIII of an act entitled “An act to incorporate the town of Reno, and to establish a city government thereof,” approved March 16, 1903, as amended March 13, 1905.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  The city auditor shall keep an accurate record and account of all warrants and orders drawn upon the city treasurer in such manner that the council can, at any time, ascertain the actual outstanding indebtedness. The city auditor shall draw his warrant for all claims allowed by the council, signed by the mayor, certified by the city clerk, and approved by him, upon the city treasurer and shall perform such other and further duties as may be required or prescribed by ordinance of the council. He shall receive as full compensation for his services a sum of twelve hundred dollars per annum, payable in equal monthly installments.

      Sec. 2.  Section 4 of article VIII of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient bond, with sureties approved by the council; said bond to be in such sum and conditioned as may be required by the council. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance, and he shall receive as full compensation the sum of twelve hundred dollars per annum, payable in equal monthly installments.

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city auditor

 

 

 

 

 

 

 

 

 

Duties of city treasurer

 

________

 


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

ê1929 Statutes of Nevada, Page 118ê

CHAPTER 80, SB 84

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Method of discontinuance of commission form of government

[Senate Bill No. 84–Senator Getchell]

 

Chap. 80–An Act to amend an act entitled “An act to provide for the commission form of government for cities and towns,” approved March 22, 1915, by adding a new section thereto to be known as section 8a.

 

[Approved March 19, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 8a, which shall provide as follows:

      Section 8a.  Whenever one-fourth of the legal voters of any city or town heretofore or hereafter adopting a commission form of government, whether by general or special law, shall petition the district court in and for the county wherein such city or town is situated for the discontinuance and termination in said city or town of the commission form of government, it shall cause to be published for at least thirty days a notice stating the question of discontinuing and terminating the commission form of government in said city or town will be submitted to the legal voters of the said city or town at an election called for that purpose not more than ninety days from the date for the first publication of said notice, and the form of the ballot shall be “For Commission Form of Government,” or “Against Commission Form of Government.” Not more than one of such elections shall be held in two years. The governing body of such city or town shall provide for such election in the manner and form as other municipal elections in such city or town are conducted and shall make returns thereof within the time and in the manner provided by the election laws of such city or town or the state election laws, and the vote thereof shall be canvassed and the result declared as provided by such laws; and if upon such canvass it shall be found that a majority of the votes cast at such election were cast against the commission form of government, the laws providing for the government of the cities and towns in the state shall supersede the provisions of an act entitled “An act to provide for the commission form of government for cities and towns,” approved March 22, 1915, as to such city or town, as the citizens thereof shall elect.

 

________

 


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

ê1929 Statutes of Nevada, Page 119ê

CHAPTER 81, SB 109

[Senate Bill No. 109–Committee on Public Highways]

 

Chap. 81–An Act to amend section 3 of an act entitled “An act to provide an excise tax on the sale of gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles; to provide for the collection thereof; to provide a manner of ascertaining the number of gallons of gasoline, distillate and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles sold or distributed in the State of Nevada; to provide for the registration of dealers engaged in the distribution of and sale of gasoline, distillate and other volatile and inflammable liquid fuels; to fix a penalty for the violation of the provisions of this act; to define certain words, terms and phrases herein, and to repeal all other acts or parts of acts in conflict herewith,” approved March 20, 1923; as amended March 21, 1925.

 

[Approved March 19, 1929]

 

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.  Said excise tax shall be paid on or before the 15th day of each month to the state treasurer, who shall receipt the dealer therefor. The money so collected by the state treasurer shall be by him placed to the credit of the Nevada state highway fund; provided, however, that where, by legislative act, bonds for the payment of road construction have heretofore been authorized and in such legislative acts provision is made for the payment of principal and interest on such bonds by transfer of moneys from county-state highway funds for the purpose of making such payments, there shall be transferred by the directors of the state highway department at the date stated in the several legislative acts sufficient money from the state highway fund to the county-state highway interest and redemption fund of such counties for making such interest and redemption payments on such bonds.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax due 15th of month; credited to state highway fund

Provise

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 120ê

CHAPTER 82, AB 213

 

 

 

 

 

 

 

 

 

 

 

Adverse witness may be examined

 

 

 

 

 

In effect

[Assembly Bill No. 213–Mr. Duffill]

 

Chap. 82–An Act relative to the method of examining adverse witnesses in civil cases.

 

[Approved March 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  A party to the record of any civil action or proceeding or a person for whose immediate benefit such action or proceeding is prosecuted or defended, or the directors, officers, superintendent or managing agent of any corporation which is a party to the record, may be examined by the adverse party as if under cross-examination, subject to the rules applicable to the examination of other witnesses. The party calling such adverse witness shall not be bound by his testimony, and the testimony given by such witness may be rebutted by the party calling him for such examination by other evidence. Such witness, when so called, may be examined by his own counsel, but only as to the matters testified to on such examination.

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

 

________

 

CHAPTER 83, SB 116

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All mining operators must file statement

[Senate Bill No. 116–Committee on Mines and Mining]

 

Chap. 83–An Act to amend section 2 of an act entitled “An act to provide for the assessment and taxation of the net proceeds of mines, and repealing all acts and parts of acts in conflict herewith,” approved March 15, 1927.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of an act entitled “An act to provide for the assessment and taxation of the net proceeds of mines, and repealing all acts and parts of acts in conflict herewith,” approved March 15, 1927, is hereby amended to read as follows:

      Section 2.  Every person, corporation or association operating any mine containing gold, silver, copper, zinc, lead, or other valuable mineral or mineral deposit, whether metallic or nonmetallic, must, semiannually during July and January of each year, make and file with the Nevada tax commission a statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by such person, corporation or association during the six-months’ period immediately preceding the first day of the month in which said statement is so required to be made.


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

ê1929 Statutes of Nevada, Page 121 (CHAPTER 83, SB 116)ê

 

period immediately preceding the first day of the month in which said statement is so required to be made. Such statement shall show the claimed deductions from the gross yield in the detail set forth in section 3 of this act. Such deductions shall be limited to the costs incurred during the six-months’ period covered by the statement. Such statement shall be in the form which shall be prescribed by the Nevada tax commission and shall be verified by the manager, superintendent, secretary, or treasurer of each corporation, or by the owner of said mine, or, if the owner be an individual, by some one authorized in his behalf.

What statement shall show

 

________

 

CHAPTER 84, AB 161

[Assembly Bill No. 161–Washoe County Delegation]

 

Chap. 84–An Act to amend section 1 of “An act to regulate the fees and compensation of the county clerk of Washoe County, State of Nevada, and to repeal all other acts or parts of acts in conflict herewith,” approved March 23, 1909, and March 25, 1911.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The county clerk of Washoe County, State of Nevada, shall receive a salary of thirty-six hundred dollars per annum, payable in equal monthly installments, in full payment for all official duties and services performed and rendered by him; and he is authorized to appoint one deputy who shall receive a salary of twenty-one hundred dollars per annum, payable in equal monthly installments, and two deputies, each to receive eighteen hundred dollars per annum, payable in equal monthly installments.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk of Washoe County; deputies

 

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 122ê

CHAPTER 85, SB 66

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporations must file list of officers and resident agent

 

 

Filing fee

 

 

 

 

 

In effect

[Senate Bill No. 66–Senator Molini]

 

Chap. 85–An Act to amend an act entitled “An act requiring all corporations to file annually with the secretary of state a list of their officers and directors and a designation of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or preexisting laws,” approved March 21, 1925.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above and foregoing act is hereby amended to read as follows:

      Section 1.  Every corporation organized under the laws of this state, and every foreign corporation doing business in this state shall, on or before the first day of July of each year, file with the secretary of state a list of the officers and directors and a designation of its resident agent in this state. Said list of officers and designation of resident agent to be certified by the president, secretary or other officer of the corporation. Upon filing such list of officers and designation of resident agent, every such corporation shall pay to the secretary of state a fee of five ($5) dollars. The secretary of state shall, thirty days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of this act and which have not theretofore become delinquent, the blank forms to be filed with said secretary of state; provided, however, that failure of any corporation to receive such forms will not excuse such corporation from the penalty imposed by the provisions of this act.

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

 

________

 


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

ê1929 Statutes of Nevada, Page 123ê

CHAPTER 86, AB 164

[Assembly Bill No. 164–Washoe County Delegation]

 

Chap. 86–An Act to amend section 1 of an act entitled “An act fixing and regulating the salary of the district attorney of Washoe County, Nevada, authorizing the appointment of an assistant district attorney and fixing and regulating the salary of same, and providing for the allowance of certain expenses,” approved February 20, 1909.

 

[Approved March 20, 1929]

 

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.  From and after the approval of this act the district attorney of Washoe County shall receive the salary of thirty-six hundred ($3,600) dollars per year, payable in equal monthly installments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney of Washoe County

 

________

 

CHAPTER 87, SB 108

[Senate Bill No. 108–Committee on Public Highways]

 

Chap. 87–An Act to repeal sections 11 1/2, 31 and 32 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917; as amended February 21, 1919; as amended March 27, 1919; as amended February 16, 1921; as amended March 11, 1921; as amended March 14, 1921; as amended March 26, 1923; as amended February 28, 1925; as amended March 10, 1927; as amended March 23, 1927; as amended January 26, 1928.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 1/2 of the above-entitled act is hereby repealed; provided, that this repeal shall not affect any legislation heretofore enacted under the provisions of said section, nor the completion of any legislation now pending which said legislation may have its inception under the provisions of the said act.

      Sec. 2.  Section 31 of the above-entitled act is hereby repealed.

      Sec. 3.  Section 32 of the above-entitled act is hereby repealed.

      Sec. 4.  This act shall be in full force and effect on and after July 1, 1929.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sections of general highway law repealed

 

 

 

 

In effect

 

________

 


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

ê1929 Statutes of Nevada, Page 124ê

CHAPTER 88, SB 101

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff of Eureka County

 

 

 

 

 

 

Deputy sheriff

 

In effect

[Senate Bill No. 101–Senator Fletcher]

 

Chap. 88–An Act to amend section 2 of an act entitled “An act fixing the salaries and compensation of the officers of Eureka County, and repealing all acts or parts of acts in conflict with this act,” approved March 7, 1923.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  The sheriff shall receive a salary of two thousand one hundred dollars per annum, and such fees in civil cases wherein the State of Nevada or the county of Eureka is not a party as are provided for by law; provided, that when in criminal cases it becomes necessary for the sheriff to travel a greater distance than twenty miles from the county seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the manner as other county expenses are audited and paid. He may appoint a deputy sheriff, who shall act as jailer, at a compensation not exceeding one hundred and fifty dollars per month.

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

 

________

 

CHAPTER 89, AB 222

 

 

 

 

 

 

 

 

 

 

 

 

Nye-Lander boundary line to be established

[Assembly Bill No. 222–Mrs. McGuire and Messrs. Boak and Tandy]

 

Chap. 89–An Act requiring the county commissioners of the counties of Lander and Nye to have determined and established the boundary line between said counties, and other matters relating thereto.

 

[Approved March 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of the county commissioners of the counties of Nye and Lander, within the sixty days after the passage and approval of this act, to invite the surveyor-general of the State of Nevada to proceed to determine and establish the boundary line between said counties.

      Sec. 2.  Upon the completion of the determination and establishment of the boundary line between said counties, and the filing by said surveyor-general of his report thereof, the county commissioners of said counties shall each pay one-half of the expenses therefor, as shown by the verified claim of said surveyor-general therefor, and taxes for the years of 1927 and 1928 on any property affected by the determination of such line which may have been paid into the wrong county shall be repaid to the proper county.


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

ê1929 Statutes of Nevada, Page 125 (CHAPTER 89, AB 222)ê

 

the filing by said surveyor-general of his report thereof, the county commissioners of said counties shall each pay one-half of the expenses therefor, as shown by the verified claim of said surveyor-general therefor, and taxes for the years of 1927 and 1928 on any property affected by the determination of such line which may have been paid into the wrong county shall be repaid to the proper county.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Expenses, how paid

 

 

 

 

In effect

 

________

 

CHAPTER 90, AB 223

[Assembly Bill No. 223–Messrs. Whitmore and Tandy]

 

Chap. 90–An Act requiring the county commissioners of the counties of Lander and Eureka to have determined and established the boundary line between said counties, and other matters relating thereto.

 

[Approved March 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of the county commissioners of the counties of Lander and Eureka, within sixty days after the passage and approval of this act, to invite the surveyor-general of the State of Nevada to proceed to determine and establish the boundary line between said counties.

      Sec. 2.  Upon the completion of the determination and establishment of the boundary line between said counties, and the filing by said surveyor-general of his report thereof, the county commissioners of said counties shall each pay one-half of the expense therefor, as shown by the verified claim of said surveyor-general therefor.

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

Lander-Eureka boundary line to be established

 

Expenses, how paid

 

 

 

In effect

 

________

 

 


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

ê1929 Statutes of Nevada, Page 126ê

CHAPTER 91, AB 226

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners of Washoe County to establish salaries of deputies

 

Repeal

 

In effect

[Assembly Bill No. 226–Washoe County Delegation]

 

Chap. 91–An Act authorizing, empowering and directing the county commissioners of Washoe County, Nevada, to fix the salaries and compensation of certain employees in said county, and other matters related thereto.

 

[Approved March 21, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act and annually thereafter at their first meeting in January the county commissioners of Washoe County, Nevada, by and with the advice of the various elective officers, are hereby authorized, empowered and directed to fix and establish the salary, or compensation, of every deputy of any county officer, clerk, typist, assistant, or other employee in any office, department, or position, within said county, now or hereafter employed.

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

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 92, SB 63

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License fee, $5

[Senate Bill No. 63–Senator Miller]

 

Chap. 92–An Act to amend section 8 of an act entitled “An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof,” approved March 22, 1921.

 

[Approved March 20, 1929]

 

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 to read as follows:

      Section 8.  Upon application for a license the applicant shall pay to the inspector of mines, as chairman of all examining boards, a fee of five ($5) dollars, which shall be placed in the hoisting engineers’ license fund in the state treasury, which is hereby created, and no part or portion of said fee shall be returned to the applicant should he fail to pass the required examination.


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

ê1929 Statutes of Nevada, Page 127 (CHAPTER 92, SB 63)ê

 

required examination. A charge of two and 50/100 ($2.50) dollars shall be collected where a change of classification is required.

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

 

 

In effect

 

________

 

CHAPTER 93, SB 103

[Senate Bill No. 103–Senator Proctor]

 

Chap. 93–An Act to amend an act entitled “An act fixing and regulating the compensation of the district attorney and ex officio public administrator in and for White Pine County, Nevada, providing for the payment of his necessary traveling expenses, and providing help in his office, and repealing all acts and parts of acts in conflict with this act,” approved March 11, 1921.

 

[Approved March 20, 1929]

 

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

Assembly, do enact as follows:

 

      Section 1.  The district attorney and ex officio public administrator in and for White Pine County, Nevada, shall receive an annual salary of three thousand ($3,000) dollars, payable in twelve equal monthly installments, and he shall receive in addition thereto all fees prescribed by law with reference to the office of public administrator, and such salary, fees and commissions shall be compensation in full for his services as district attorney. He shall also be allowed his actual traveling expenses, consisting of the cost of transportation and living expenses while absent from the county seat of said county, when such expenses are incurred in the performance of his duties as such district attorney. He shall submit to the board of county commissioners of said county an itemized statement of all traveling expenses, which must be approved by the said county commissioners before payment. He shall have the assistance of a deputy and a stenographer, to be named by him with the approval of the said county commissioners, when, in the judgment of the said board of county commissioners, such assistance is necessary, and at such compensation and for such time as said board may prescribe.

      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.

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney of White Pine County