[Rev. 12/19/2019 5:48:47 PM]

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ê1931 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

PASSED AT THE

THIRTY-FIFTH SESSION OF THE LEGISLATURE

 

1931

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Dressler]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 22, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

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

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

      Sec. 4.  This act to be in effect immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

Legislative appropriation, $60,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

In effect

 

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CHAPTER 2, SB 4

[Senate Bill No. 4–Senator Henderson]

 

Chap. 2–An Act relating to the reception and distribution of certain law books belonging to the State of Nevada.

 

[Approved January 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The state librarian of the State of Nevada is hereby authorized and directed to receive for and on behalf of the State of Nevada those certain one hundred sets of law books known as “Nevada Compiled Laws 1929.”

 

 

 

 

 

 

 

 

 

 

Librarian to receive Compiled Laws for state


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ê1931 Statutes of Nevada, Page 2 (CHAPTER 2, SB 4)ê

 

 

 

Books to be marked

 

To remain property of state

State officers furnished sets

 

To be returned to librarian

 

Certain sets for use of legislature

 

Legislators to pay for books not returned

 

 

Repeal

In effect

of the State of Nevada those certain one hundred sets of law books known as “Nevada Compiled Laws 1929.”

      Sec. 2.  Said law books when so received shall be marked and/or stamped as other books belonging to the State are marked and/or stamped.

      Sec. 3.  Said law books shall remain and be the property of the State of Nevada under the charge and control of the said librarian.

      Sec. 4.  Said librarian shall distribute as many of said law books as may be necessary to the officers of the State of Nevada, charging the officer receiving the same with the value thereof.

      Sec. 5.  All officers receiving same shall return said books to the said librarian upon the expiration of his term of office or pay the said librarian the amount charged therefor.

      Sec. 6.  The remaining sets of said law books shall be kept by said librarian for the use of senators and assemblymen when the legislature of the State of Nevada is in session.

      Sec. 7.  All senators and assemblymen shall be charged with the value of said books received by them and shall exhibit to the state controller of the State of Nevada a receipt showing said books returned to the librarian before said controller shall pay the last four days’ per diem to said senator or assemblyman receiving said books.

      Sec. 8.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 9.  This act shall be in effect immediately upon its passage and approval.

 

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CHAPTER 3, AB 2

 

 

 

 

 

 

 

 

 

 

 

Attaches of senate

 

 

 

Attaches of assembly

[Assembly Bill No. 2–Mr. Hussman]

 

Chap. 3–An Act relating to the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith.

 

[Approved January 28, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The officers and attaches of the senate shall consist of one secretary, one sergeant-at-arms, two pages and one porter, and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the senate efficiently.

      Sec. 2.  The officers and attaches of the assembly shall consist of one chief clerk, one sergeant-at-arms, two pages, two porters and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the assembly efficiently.


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ê1931 Statutes of Nevada, Page 3 (CHAPTER 3, AB 2)ê

 

      Sec. 3.  There shall be paid to the several officers and attaches named in this act, for all services rendered by them under the provisions of this act, the following sums of money and no more: The secretary of the senate and the chief clerk of the assembly shall each receive seven dollars per day; the pages of the assembly and the senate shall each receive two dollars per day; the porters of the senate and assembly shall each receive three dollars per day and all other clerks or attaches shall receive six dollars per day.

      Sec. 4.  The state controller is hereby directed to draw his warrants in favor of the persons certified to him by the presiding officer of the senate and assembly, respectively, and the secretary and chief clerk of the senate and assembly, respectively, for the several amounts specified in said certificate as being payable to said persons, and the state treasurer is hereby directed to pay the same.

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

      Sec. 6.  This act shall be deemed an emergency measure and shall become effective immediately upon its passage and approval.

Salary of attaches

 

 

 

 

 

 

Duties of controller and treasurer

 

 

 

Repeal

 

In effect

 

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CHAPTER 4, SB 16

[Senate Bill No. 16–Senator Getchell]

 

Chap. 4–An Act to amend an act entitled “An act authorizing the county commissioners of Lander County, Nevada, to appoint a night watchman for the town of Battle Mountain upon receipt of petition therefor, to fix the salary of night watchman, and prescribing what said petition shall contain,” approved February 20, 1913.

 

[Approved February 6, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 1.  Upon receipt of a petition as hereinafter described the board of county commissioners of Lander County, Nevada, is hereby authorized and required to appoint a night watchman for the town of Battle Mountain in said county, who, also, shall be chief of the Battle Mountain fire department.

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

      Section 2.  The compensation of said night watchman, including the duties required of him as chief of said fire department, is to be one hundred and fifty ($150) dollars per month, in full for all services rendered by him.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lander County commissioners to appoint night watchman for Battle Mountain

 

Compensation of night watchman


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ê1931 Statutes of Nevada, Page 4 (CHAPTER 4, SB 16)ê

 

In effect

 

Repeal

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

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

 

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CHAPTER 5, SB 9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Interest payable annually; redemption of bonds

 

 

 

 

 

 

 

In effect

[Senate Bill No. 9–Senator Friedhoff]

 

Chap. 5–An Act to amend an act entitled “An act to authorize the board of county commissioners of Lyon County, Nevada, to issue bonds to provide for aid in the improvement of county and state highways in the county of Lyon,” approved March 11, 1925.

 

[Approved February 6, 1931]

 

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.  The said bonds shall be of the denomination of five hundred dollars each. They shall be numbered consecutively and they shall bear interest at not exceeding six per cent per annum, said interest payable on the fifteenth day of January of each year after the issuance of said bonds until paid in full; and on the fifteenth day of January, three years after said bonds are issued, four or more of said bonds shall be redeemed and paid, and every twelve months thereafter four or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest number bond to be first redeemed and paid, and so on until the whole amount of the bonds so issued shall be redeemed and paid.

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

 

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ê1931 Statutes of Nevada, Page 5ê

CHAPTER 6, SB 5

[Senate Bill No. 5–Senator Henderson]

 

Chap. 6–An Act authorizing the board of city commissioners of the city of Las Vegas, county of Clark, to issue bonds to provide for the construction or reconstruction of a highway from Fifth street in said city along Fremont street therein to the easterly limit of said city under federal aid, providing for the reimbursement of said city for the cost of said highway by the levy and collection of special assessments against the land abutting on such improvement, and other matters relating thereto.

 

[Approved February 6, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of city commissioners of the city of Las Vegas, Clark County, State of Nevada, is hereby authorized, empowered and directed to prepare and issue bonds of said city in a sum not to exceed ten thousand dollars ($10,000), exclusive of interest, in manner hereinafter provided, for the purpose of providing funds for the construction or reconstruction of a highway with federal aid from the easterly limit of the intersection of Fremont street and Fifth street in said city of Las Vegas, running thence along said Fremont street as laid out and extended in an easterly direction to the easterly boundary of said city of Las Vegas.

      Sec. 2.  Said bonds may be issued from time to time, as may be required, in the usual form of city bond. Said bonds shall be signed by the mayor, countersigned by the city treasurer, and authenticated by the seal of the city; coupons for interest shall be attached to each bond so that the same may be removed without injury thereto, and each of such coupons shall be consecutively numbered and signed by the mayor and the city treasurer, or with the facsimile of their signatures impressed thereon.

      Sec. 3.  The city clerk shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of city commissioners of the city of Las Vegas is hereby authorized to negotiate the sale of said bonds, or portion thereof issued as herein provided, in the manner provided by law; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be in such form and denomination as said commissioners by resolution may direct. They shall be numbered consecutively and the interest on same shall not exceed six per cent (6%) per annum, payable semiannually on the first day of July and the second day of January of each year at the office of the city treasurer of said city of Las Vegas, and in no case shall said bonds run for a longer period than five years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City of Las Vegas highway bond issue

 

 

 

 

 

 

Bonds to be issued as required

 

 

 

 

City clerk to keep record

City commissioners to negotiate sale of bonds

 

 

 

Denomination bonds; rate of interest


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ê1931 Statutes of Nevada, Page 6 (CHAPTER 6, SB 5)ê

 

 

 

Receipts from sale of bonds to go into fund

 

 

 

 

Purposes for which funds to be used

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Treasurer liable on official bond

 

 

Tax levy for payment of principal and interest

January of each year at the office of the city treasurer of said city of Las Vegas, and in no case shall said bonds run for a longer period than five years.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the city treasurer of said city and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and to be known as the “Las Vegas-Boulder Dam Highway Fund,” and to pay out said moneys only in a manner now provided by law or to be provided herein for the construction or reconstruction of said highway or portions thereof and for the purposes for which the same were received.

      Sec. 7.  The said board of city commissioners of the city of Las Vegas is hereby authorized and directed to use the moneys arising from the sale of said bonds, or such number thereof as may be sold, for the construction or reconstruction of all or such portion or portions of said highway as said board of city commissioners may determine, and for the maintenance and repair of said highway or portions thereof so constructed or reconstructed. It is expressly provided that the construction and/or reconstruction of said highway may be conducted by the department of highways of the State of Nevada under the supervision and control of the federal government, as is provided by the laws and regulations of the State of Nevada and of the United States of America in cases where highways are constructed or reconstructed under federal aid within the limits of incorporated cities. And it is further provided that said board of city commissioners may enter into such agreements and relations with the department of highways of the State of Nevada and the proper officers and departments of the federal government with reference to the maintenance and repair of said highway, or portions thereof, both before and after its construction, and in such other matters as may be necessary or required in order to facilitate the construction and/or reconstruction thereof with federal aid as aforesaid.

      Sec. 8.  The city treasurer of said city of Las Vegas shall be liable on his or her bonds for the safe-keeping of the moneys which shall come into his or her hands under the provisions of this act and for the faithful discharge of his or her duties in relation thereto.

      Sec. 9.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the said board of city commissioners of said city of Las Vegas is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said city of Las Vegas, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond No. 1 and consecutively thereafter,


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ê1931 Statutes of Nevada, Page 7 (CHAPTER 6, SB 5)ê

 

bonds, and to pay and retire, beginning with bond No. 1 and consecutively thereafter, not more than two of said bonds annually until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other city taxes are assessed and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as the “Las Vegas-Boulder Dam Highway Redemption Fund.” Said bonds may be made payable on or before their respective due dates.

      Sec. 10.  It shall be obligatory on the said city and its proper officers to pay in full the accrued interest on said bonds, beginning on the first interest date after their issuance, and thereafter on the first day of July and the second day of January in each and every year until all of said bonds have been redeemed and retired.

      Sec. 11.  Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of city commissioners of said city, be transferred to the street fund.

      Sec. 12.  Whenever the city treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the city clerk, taking her or his receipt therefor, which receipt shall be filed with the clerk of the board of city commissioners, and credit to the treasurer shall be made on the books for the amount so paid.

      Sec. 13.  Should the holder of said bonds or any of them, for any cause whatever, fail to present such bonds to the city treasurer for payment when they become due, all interest on each of such bonds shall immediately cease.

      Sec. 14.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor taxation thereby imposed be omitted until all of the bonds and coupons issued hereunder and by virtue hereof shall be paid in full, as in this act specified.

      Sec. 15.  It is hereby declared to be the intention in the enactment of this act that the cost of the improvement, including also surveying and engineering charges, hereby authorized, shall be paid primarily from the proceeds of the sale of the bonds hereinbefore authorized, and that the city of Las Vegas may reimburse itself for the cost of such improvement, including also surveying and engineering charges, or a portion of such cost including surveying and engineering charges, the amount of such reimbursement to be determined by resolution of the said board of city commissioners, by assessing all or a portion of the cost of the improvement, including such surveying and engineering charges, on the property, whether same be lots, blocks or acreage abutting on the said improvement.

 

 

 

 

 

 

 

Interest payable annually

 

 

Tax to cease; when

 

 

 

Treasurer to redeem and cancel bonds

 

 

 

 

Interest to cease; when

 

 

Faith of state pledged

 

 

Proceeds from sale of bonds used primarily


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ê1931 Statutes of Nevada, Page 8 (CHAPTER 6, SB 5)ê

 

City commissioners may reimburse city by assessments against property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City commissioners to be guided by provisions of certain act

of the cost of the improvement, including such surveying and engineering charges, on the property, whether same be lots, blocks or acreage abutting on the said improvement. In making and collecting any such assessment the said board of city commissioners shall follow that portion of the procedure outlined in the charter of the city of Las Vegas relative to special assessments applicable to such kind of an improvement, commencing with section 61 of an act of the State of Nevada entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, and all acts and parts of acts amendatory thereof and supplemental thereto, eliminating all of the requirements of said act or acts prior to the enactment of the ordinance directing such special assessment to be made, as provided for in said section 61, except that said board of city commissioners shall in the making of such assessment and collection thereof be governed by the provisions of sections numbers 54 and 59 of said above-mentioned act and acts, and proceeding in the making and collection of such special assessment from said section 61, under the remaining and following provisions of said act and acts relative to special assessments applicable thereto; provided, however, that in the issuance of bonds to cover any unpaid assessments, so levied, said board of city commissioners shall be governed by the terms of an act of the State of Nevada entitled “An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied,” approved March 13, 1909, and all acts and parts of acts amendatory thereof and supplemental thereto, except the requirements therein for the adoption of an ordinance declaring the determination to make a public improvement or improvements and declaring therein whether or not bonds shall be issued to pay for the cost of such improvement or improvements as provided in said last-mentioned act or acts. The compliance with the provisions of this act shall be taken and considered as a sufficient determination of the said board of city commissioners of the city of Las Vegas to issue bonds for the unpaid assessments as provided for in said last-mentioned act or acts, and a compliance with the procedure provided for in this act for the making of such special assessments and the collection thereof shall be taken and considered as a sufficient compliance with the provisions of said last-mentioned act and acts wherein it is provided that “the assessments to pay for the cost of such improvements shall be made as provided in the charter of said city or town or act under which the same is incorporated.”


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ê1931 Statutes of Nevada, Page 9 (CHAPTER 6, SB 5)ê

 

      Sec. 16.  All moneys collected by special assessment, both from assessments paid within the time required by the special assessment proceedings and from the sale of special assessment bonds, other than moneys collected to pay the principal and interest on the bonds provided for in section 15 of this act, shall, after reimbursing the city of Las Vegas for moneys paid out in connection with the making of such special assessments and in connection with the special assessment bond proceedings from such moneys, be placed in said “Las Vegas-Boulder Dam Highway Redemption Fund,” and be used from time to time on the order of said board of city commissioners in the payment of the interest and principal of the bonds issued under the provisions of sections 1 to 14, inclusive, of this act, retiring said bonds in the order above provided for as fast as the principal and interest to the date of the payment of the principal of the respective bond or bonds is paid, where said bonds are made payable on or before their respective due dates, but to be used for the payment of principal and interest on said bonds at their respective due dates of principal and interest, without order of the board of city commissioners where said bonds are not made payable on or before their respective due dates.

      Sec. 17.  Each section of this act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect, nor shall it affect, any other section or any part thereof.

      Sec. 18.  This act shall take effect and be in force from and after its passage and approval, and nothing contained in the city charter of the city of Las Vegas or general law of the State of Nevada shall be considered as abrogating or nullifying any of the provisions of this act.

Disposition of funds derived from special assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

Each section to be construed separately

 

 

In effect

 

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CHAPTER 7, SB 3

[Senate Bill No. 3–Senator Henderson]

 

Chap. 7–An Act to amend an act entitled “An act requiring that certain officers performing legal functions shall possess legal qualifications,” approved March 24, 1909, being section 618 Nevada Compiled Laws 1929, vol. 1.

 

[Approved February 6, 1931]

 

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:

 


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ê1931 Statutes of Nevada, Page 10 (CHAPTER 7, SB 3)ê

 

Certain officers must be licensed attorneys

 

 

Repeal

      Section 1.  No person shall be a candidate for or be eligible to the office of justice of the supreme court, district judge or district attorney unless he shall be a bona fide resident of the State of Nevada and an attorney duly licensed and admitted to practice law in all the courts of this state.

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

 

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CHAPTER 8, AB 50

 

 

 

 

 

 

 

 

Salaries for state employees provided

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $30,715

[Assembly Bill No. 50–Committee on Ways and Means]

 

Chap. 8–An Act to provide for the payment of salaries and expenses of various state institutions and departments accrued during the months of January and February, 1931.

 

[Approved February 9, 1931]

 

      Whereas, During the months of January and February, 1931, there were no appropriations to pay the salaries and compensations and commissions of employees of various departments of the State of Nevada, since the first day of January, 1931; and

      Whereas, Proper claims therefor have been or will be regularly submitted to the state board, but the same cannot be paid for the reason that there is no appropriation available, and unless an emergency appropriation is made these claims cannot be paid until the general appropriation is passed and approved; and

      Whereas, All of said claims hereinafter set out in estimate are just and regular demands against the State of Nevada; and

      Whereas, The sum of said claims does, or will, total approximately $30,715, as shown by the following estimate; and

      Whereas, The following are the departments and sums, respectively, which make the total of the amount herein set out: School of industry, $1,770; insurance commissioner, $350; state prison and state police, $6,600; fish and game commission, $1,520; bank examiner, $300; state engineer, $2,500; labor commissioner, $300; board of health, $125; orphans’ home, $1,600; Nevada hospital for mental diseases, $5,500; state vocational education, $2,600; state library, $250; state printing office, $4,000; capitol commissioners, $2,300; department of weights and measures, $300; state free employment bureau, $400; public service commission, $300; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The sum of $30,715 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 warrant for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrant covering said amounts, and the state treasurer is directed to pay the same.


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ê1931 Statutes of Nevada, Page 11 (CHAPTER 8, AB 50)ê

 

otherwise appropriated for the payment of the deficiencies referred to in the preamble hereto, and the state controller is directed to draw his warrant for the various claimants, or their assignees, to whom the same is due as shown by the deficiency warrant covering said amounts, and the state treasurer is directed to pay the same.

      Sec. 2.  When the budget appropriation for the various departments affected by the provisions of this act shall be made for the period covering the first six months of 1931, the sum hereby appropriated shall be considered as part thereof.

      Sec. 3.  All acts or parts of acts, in so far as they shall conflict with the provisions of this act only, are hereby repealed.

      Sec. 4.  This act shall be deemed an emergency measure and shall become effective immediately upon its passage and approval.

 

 

 

 

To be considered part of general appropriation

 

Repeal

 

In effect

 

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CHAPTER 9, SB 24

[Senate Bill No. 24–Senator Miller]

 

Chap. 9–An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to issue bonds to provide for the completion, equipment and furnishing of an addition to the high school building in the town of Hawthorne, Nevada, and authorizing the county board of education of said county to complete, equip and furnish said building, and other matters properly connected therewith.

 

[Approved February 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Mineral County is hereby authorized, empowered and directed to prepare and issue negotiable coupon bonds of said county, such bonds to be issued on or before the first day of July, 1931, for an amount not to exceed the sum of six thousand ($6,000) dollars, exclusive of interest, for the purpose of providing funds for the completion, equipping and furnishing of the county high school building in the town of Hawthorne in said county.

      Sec. 2.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Mineral County and the board of county commissioners of said county shall, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 3.  The board of county commissioners of said Mineral County shall cause said bonds to be prepared and made ready for issuance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for high school at Hawthorne

 

 

 

 

Certain boards to execute act


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ê1931 Statutes of Nevada, Page 12 (CHAPTER 9, SB 24)ê

 

County commissioners to prepare and issue bonds

 

 

 

Denomination of bonds, interest, etc.

 

 

 

 

 

County clerk to keep record

 

Not to be sold at less than par value

 

 

 

 

“Mineral County High School Building Fund”

 

 

 

 

County board of education to use money

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

      Sec. 4.  Said bonds shall each be for the sum of one thousand dollars. They shall be numbered consecutively from one to six, inclusive, and the interest on the same shall not exceed six per cent per annum, payable annually on the first day of July of each year; both principal and interest shall be payable only in gold coin of the United States; both principal and interest shall be payable only at the office of the county treasurer of said Mineral County. In no case shall any of said bonds run for a longer period than fifteen years.

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

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

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

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


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

ê1931 Statutes of Nevada, Page 13 (CHAPTER 9, SB 24)ê

 

said county is hereby empowered and authorized to lease or rent for any purpose not inconsistent with the proper maintenance of a high school in said building, any part or portion thereof which shall not be required for the maintenance of a high school therein, pending the time when such portion of said building shall be so required for high school purposes; and any and all sums received as rentals therefor shall be paid into the fund provided by law for running and maintaining said high school.

      Sec. 9.  For the purpose of creating a fund for the payment of the principal and interest of the bonds authorized by this act, the board of county commissioners of said Mineral County is hereby authorized and required to levy and collect annually a special tax on the taxable property within said county, including the proceeds of mines, sufficient in amount to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one, and consecutively thereafter, two of said bonds annually, beginning with the first day of July, 1935, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer of said county in a special fund to be known as the “Mineral County High School Bond Sinking Fund.” It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1932, and thereafter on the first day of July of each year, until all of said bonds have been redeemed and retired. Should the holder of said bonds, or any of them, for any cause whatever fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said sinking fund shall, by the order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said high school at Hawthorne.

      Sec. 10.  Whenever the county treasurer shall redeem any of the bonds issued under the provision 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.

      Sec. 11.  The county treasurer of said Mineral County shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

 

 

 

 

 

 

Tax to be levied to pay principal and interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County treasurer to cancel paid bonds


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

ê1931 Statutes of Nevada, Page 14 (CHAPTER 9, SB 24)ê

 

Treasurer liable on official bond

 

Faith of state pledged

 

 

 

In effect

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

      Sec. 12.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full as in this act specified.

      Sec. 13.  For good cause shown this act shall be in effect immediately upon its passage and approval.

 

________

 

CHAPTER 10, AB 16

 

 

 

 

 

 

 

 

 

 

 

Section repealed

[Assembly Bill No. 16–Mr. Alward]

 

Chap. 10–An Act to repeal section 23 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, being section 9461 Nevada Compiled Laws 1929.

 

[Approved February 13, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 23 of the above-entitled act is hereby repealed.

 

________

 

CHAPTER 11, SB 25

 

 

 

 

 

 

 

 

 

 

Procedure for compromising claims of minors

[Senate Bill No. 25–Senator Henderson]

 

Chap. 11–An Act authorizing parents to compromise claims of minors against third persons and prescribing the procedure therefor.

 

[Approved February 13, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Where a minor shall have a disputed claim for money against a third person, the father, and if the father be dead or has deserted or abandoned the minor, then the mother of said minor shall have the right to compromise such claim, but before the compromise shall be valid or of any effect the same shall be approved by the district court of the county where the minor resides upon a verified petition in writing, regularly filed with said court. If the court approves such compromise, the said district court may direct the money paid to the father or mother of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be duly appointed and the money to be paid to such guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor.


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

ê1931 Statutes of Nevada, Page 15 (CHAPTER 11, SB 25)ê

 

or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor. The clerk of the district court shall not charge any fee for filing said petition for leave to compromise or for placing the same upon the calendar to be heard by the court.

 

 

________

 

CHAPTER 12, SB 23

[Senate Bill No. 23–Senator Friedman]

 

Chap. 12–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 February 13, 1931]

 

      Whereas, There is a final balance of $290.04 in the Humboldt County jail bond fund, after all payments assumed by Pershing County; and

      Whereas, There is an unexpended balance of $1,921.16 remaining in the Humboldt County high school bond fund, after all payments assumed by Pershing County; and

      Whereas, There will be some small additional sums coming into said funds, pursuant to budget arrangements; now, therefore,

 

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 Humboldt County high school bond fund and the Humboldt County jail bond fund of said county all of the funds therein to the general fund of Pershing County; and the said treasurer is further authorized and directed to transfer any additional sums that may hereafter accrue to said funds, or either of them, to the general fund of Pershing County. All sums so transferred shall be used as other funds in said general fund.

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

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

County treasurer of Pershing County to transfer certain funds

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 16ê

CHAPTER 13, AB 11

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardian must file petition to sell property of ward

 

 

 

 

 

 

 

 

 

Citation to be served on interested parties

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 11–Mr. Kenny]

 

Chap. 13–An Act to amend sections 25 and 26 of an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, and being sections 9519 and 9520 Compiled Laws of Nevada 1929.

 

[Approved February 13, 1931]

 

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 to read as follows:

      Section 25.  To obtain an order for the sale of a ward’s estate, or any part thereof, the guardian must file in the clerk’s office of the district court having jurisdiction a petition therefor, setting forth the condition of the estate of the ward with the facts and circumstances on which the petition is founded, tending to show the necessity or expediency of a sale, which petition shall be verified by the oath of the petitioner, whereupon the clerk shall issue a citation to the next of kin to the ward, if any, in the county, and to all persons interested in the estate who may be in the county, to appear before the court at a time and place therein to be specified, not less than ten days after the date of the citation, to show cause why an order for the sale of such estate should not be granted.

      Sec. 2.  Section 26 of the above-entitled act is hereby amended to read as follows:

      Section 26.  The citation shall be served personally on the next of kin and all persons interested in the estate within the county at least five days before the return day thereof, or, if thought advisable, the court instead may order the service of the citation to be made by the publication thereof, for not less than ten days before the return day, in some newspaper in the county, but if there be no newspaper in the county, then in such newspaper as the court or judge may designate.

      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 from and after its passage and approval.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 17ê

CHAPTER 14, SB 8

[Senate Bill No. 8–Senator Bush]

 

Chap. 14–An Act fixing and regulating the salary of the sheriff of Humboldt County, and fixing and regulating the appointment and salaries of deputies of the sheriff of Humboldt County, and repealing certain acts in relation thereto.

 

[Approved February 13, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act the sheriff of Humboldt County shall receive the salary of three thousand dollars per year, payable monthly, in twelve equal installments, on the first day of each month. He shall be allowed to appoint one deputy who shall receive a salary of twenty-one hundred dollars ($2,100) per annum, payable monthly, in twelve equal installments, on the first day of each month, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of such additional deputies shall not exceed five dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

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

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff of Humboldt County; deputies

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 15, AB 9

[Assembly Bill No. 9–Mr. Kenny]

 

Chap. 15–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, and all acts amendatory thereof or supplemental thereto, by adding thereto a new section to be known as section 107 1/2, and to be section 9706a Nevada Compiled Laws 1929.

 

[Approved February 13, 1931]

 

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 107 1/2, which section shall read as follows:

      Section 107 1/2.  In case an executor or administrator dies, resigns, or is removed after the expiration of the time for the publication of the notice to creditors, as provided in sections 107 and 270 of this act, his successor need give no further notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

One notice to creditors sufficient


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

ê1931 Statutes of Nevada, Page 18 (CHAPTER 15, AB 9)ê

 

Repeal

 

In effect

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

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

 

________

 

CHAPTER 16, AB 8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Passes, rebates, etc., prohibited

 

 

Exception

[Assembly Bill No. 8–Mr. Kenny]

 

Chap. 16–An Act to amend section 21 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 being section 6121 Nevada Compiled Laws 1929.

 

[Approved February 13, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 21.  It shall be unlawful for any person, firm, or corporation engaged in business as a common carrier to give or furnish any state, district, county or municipal officer of this state, or to any person, other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation; provided, however, that nothing herein shall prevent the carriage, storage, or hauling of freight free or at reduced rates for the United States, the State of Nevada or any political subdivision thereof, or for charitable purposes, or for fairs and expositions, or household goods and supplies, the property of employees, the equipment of a contractor under contract with a common carrier for use under such contract, and the issuance of mileage, commutation, excursion passenger tickets, or party tickets; provided, that the same shall be obtainable by any person applying therefor without discrimination. This act shall not be construed as preventing railroads from giving free transportation or reduced rates to ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., state officers of each recognized military ex-service organization, including ladies’ auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, students of public schools, disabled or homeless persons, railroad officers, attorneys, directors or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment, or to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families.


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

ê1931 Statutes of Nevada, Page 19 (CHAPTER 16, AB 8)ê

 

to prevent the exchange of passes with officers, attorneys, or employees of other railroads, telegraph or express companies, and members of their families.

      Upon shipment of live stock, or other property requiring the care of an attendant, the railroad may furnish to the shipper, or such person or persons designated by him, free transportation, including return passage to the place of shipment; provided, that there is no discrimination between such shippers.

      Any person violating the provisions of this section shall be guilty of a misdemeanor and be fined upon conviction not less than one hundred ($100) nor more than five hundred ($500) dollars.

      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.

 

 

Livestock attendants may ride free

 

 

Penalty

 

 

Repeal

 

In effect

 

________

 

CHAPTER 17, AB 24

[Assembly Bill No. 24–Mr. Dunseath]

 

Chap. 17–An Act authorizing and regulating the removal of the offices of resident agents of corporations from one location to another in the same city or town.

 

[Approved February 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The location of the office of any resident agent of corporations in any city or town in this state may be transferred from one address to another, in the same city or town, upon making and executing by such resident agent of a certificate, duly acknowledged before an officer authorized by the laws of this state to take acknowledgments of deeds, setting forth the names of all the corporations represented by such resident agent, and the address at which such resident agent has maintained the principal office for each of such corporations, and further certifying to the new address to which such resident agency will be transferred and at which new address such resident agent will thereafter maintain the principal office for each of the corporations recited in said certificate. Upon the filing of such certificate in the office of the secretary of state and a copy thereof in the office of the county clerk of the county where the principal place of business is located, the principal office in this state of each of the corporations recited in said certificate shall be located at the new address of the resident agent thereof as given in the certificate. No fees shall be charged by the secretary of state or county clerk for filing said certificate.

 

 

 

 

 

 

 

 

 

 

Location of office of resident agent may be changed; procedure


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

ê1931 Statutes of Nevada, Page 20 (CHAPTER 17, AB 24)ê

 

 

In effect

charged by the secretary of state or county clerk for filing said certificate.

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

 

________

 

CHAPTER 18, AB 25

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Franchise of Ely light and power company extended for fifty years

[Assembly Bill No. 25–Messrs. Georgetta, Wheeler, Moorman and Branson]

 

Chap. 18–An Act to continue the right of Ely light and power company to supply electric light, heat and power to the city of Ely and its inhabitants and to the county of White Pine for fifty years from July 1, 1931.

 

[Approved February 18, 1931]

 

      Whereas, Ely light and power company is now supplying, and for many years last past has supplied, electricity, light, heat and power to the city of Ely and the county of White Pine, Nevada, under a franchise; and

      Whereas, Said franchise will expire in the month of January, 1932; and

      Whereas, There is no provision in law for the renewal of said franchise; therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The terms and duration of the franchise right and privilege of the Ely light and power company, under which it is engaged in the business of supplying electric light, heat and power to the city of Ely and to the inhabitants thereof, and to the inhabitants of White Pine County, is hereby extended for a period of fifty years from and after the first day of July, 1931, and the franchise right and privilege of supplying electric light, heat and power to said city of Ely and to the inhabitants thereof and to the inhabitants of White Pine County, and to do all things properly incident thereto, is hereby granted to said Ely light and power company, its successors and assigns, for the term of fifty years.

 

________

 

CHAPTER 19, SB 30

 

[Senate Bill No. 30–Senator Dressler]

 

Chap. 19–An Act authorizing the refund of water district funds from county treasuries to water users and claimants on the Carson river and in like cases, and regulating the procedure therefor.

 

[Approved February 19, 1931]

 

      Whereas, On March 28, 1927, the state engineer filed in the First judicial district court of the State of Nevada, in and for the county of Ormsby, his order of determination in the matter of the determination of the relative rights of claimants and appropriators of the waters of the Carson river and its forks; and


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

ê1931 Statutes of Nevada, Page 21 (CHAPTER 19, SB 30)ê

 

in and for the county of Ormsby, his order of determination in the matter of the determination of the relative rights of claimants and appropriators of the waters of the Carson river and its forks; and

      Whereas, In the years 1927, 1928 and 1929 the state engineer recommended the appointment of and the governor appointed water commissioners in the several water districts embraced and included in the said order, to wit, in Lyon, Ormsby and Douglas Counties, and said commissioners entered upon the discharge of their duties; and

      Whereas, Pursuant to law and the budgets of the state engineer the boards of county commissioners in the said counties affected by said order did regularly assess and levy a charge, tax and assessment against the claimants and property or acreage served and to be served and administered, and the proper officers of the respective counties collected said taxes, assessments and charges and the proceeds were deposited in the respective county treasuries as water district funds for the purpose of paying bills and proper charges against said funds as certified by the state engineer and approved and allowed by the respective appropriate boards of county commissioners; and

      Whereas, On April 6, 1929, an application for a writ of prohibition was made to the supreme court of Nevada in the matter entitled “Mexican Dam and Ditch Company, a corporation, vs. The District Court of the First Judicial District of the State of Nevada, in and for the County of Ormsby, and Honorable G. A. Ballard, Judge thereof, No. 2867,” and thereafter on July 1, 1930, the said court entered judgment awarding said writ and ordering said order of determination referred back to the state engineer for a complete determination, and prohibiting the district court from proceeding further, otherwise, in said matter; and

      Whereas, By said writ of prohibition and the removal of said matter from court the state engineer was in effect held to have no right to certify any bills or charges against any water district funds for the said years of 1928 and 1929, and there was no authority to further disburse the same, and said funds and moneys not theretofore disbursed remained in said funds and still so remain without authority for either their disbursement or their surrender and refund to those who paid the same; and

      Whereas, The said water district funds were the proceeds of such taxes, assessments and charges collected for the tax years 1927, 1928 and 1929, and certain bills and claims were regularly certified and allowed and paid therefrom, leaving balances on hand consisting of a part of the collections for the tax years 1928 and 1929, and the water commissioners’ salaries and the expenses and claims accruing over said period have been fully paid and discharged and no lawful expense, claim or salary remains outstanding or unpaid in said matter; now, therefore,

Refund of water district funds on Carson river provided for


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

ê1931 Statutes of Nevada, Page 22 (CHAPTER 19, SB 30)ê

 

 

 

 

 

 

Boards of county commissioners to make refunds in certain cases

 

 

 

 

 

 

 

 

 

 

 

Manner of making refunds

 

 

 

 

 

 

 

 

 

 

 

Rights of aggrieved person

 

 

Repeal

expense, claim or salary remains outstanding or unpaid in said matter; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That whenever, in the case of any order of determination of relative rights of claimants or appropriators of the waters of the Carson river and its forks, affecting the water districts mentioned and referred to in the preamble of this act, or in any like case affecting the Carson river or its forks directly, the state engineer is or shall be prohibited from or lawfully prevented from administering said stream system under the orders or protection of any court, or prohibited from or lawfully prevented from certifying claims against water district funds, and the appropriate boards of county commissioners are unable to approve bills for such claims, and payment of such claims cannot be made out of such funds, and by reason of any of these things moneys and balances remain in such funds, it shall be lawful to refund said moneys and balances and the appropriate boards of county commissioners are authorized and directed to refund the same.

      Sec. 2.  The refunds mentioned in section 1 shall be made in the manner following, that is to say:

      Whenever it shall appear to a board of county commissioners of any county in the state that there remain water district funds in the county treasury, collected for the payment of claims and expenses in water districts in connection with the state engineer’s administration of waters and water rights affecting the Carson river as set forth in the preamble of this act, or in any like case directly affecting the Carson river and its forks, and that there is no lawful authority to disburse the same or to refund the same to those who paid the same, as described in the preamble of this act, said board of county commissioners of any such county are hereby authorized and directed to refund the said moneys to the individuals and persons who paid the same in the proportion and extent, so near as practicable, as the said funds and moneys were collected from and paid by the said claimants and water users concerned. The county officers shall disburse said funds upon orders of the county commissioners out of said funds and not otherwise.

      Sec. 3.  If any person shall feel aggrieved by the action taken, or the failure to act, of any such board of county commissioners, respecting any such refund or repayment, an action may be prosecuted thereon for and on behalf of any such person against said respective county as in the case of rejected claims.

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


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

ê1931 Statutes of Nevada, Page 23 (CHAPTER 19, SB 30)ê

 

      Sec. 5.  This act shall take effect and be in force immediately on and after its passage and approval by the governor.

In effect

 

________

 

CHAPTER 20, AB 61

[Assembly Bill No. 61–Mr. Kleppe]

 

Chap. 20–An Act to repeal section 9a of an act entitled “An act regulating the sale of agricultural seeds; designating the state quarantine officer as the administrator of this act and defining his powers and duties; defining agricultural seeds, noxious weeds, weed seeds, diseases and labels; providing for the labeling of agricultural seeds; setting certain standards of purity and germination for agricultural seeds and providing for the testing thereof; making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto,” approved March 29, 1929.

 

[Approved February 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 9a of the above-entitled act, being a portion of section 406 Nevada Compiled Laws 1929, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section repealed

 

In effect

 

________

 

CHAPTER 21, SB 7

[Senate Bill No. 7–Senator Friedhoff]

 

Chap. 21–An Act prescribing the conditions and restrictions under which vaults, crypts or mausoleums for the permanent entombment of human bodies may be constructed or maintained, and fixing penalties for failure to comply therewith, and defining the duties of the state board of health in relation thereto.

 

[Approved February 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  No person, firm or corporation shall build, construct, or erect any mausoleum, vault, crypt or structure intended to hold or contain dead human bodies, which shall be wholly or partially above the surface of the ground, except in compliance with the rules and regulations of the state board of health governing their location, materials and construction. The state board of health is hereby authorized and empowered to adopt and enforce such rules and regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures;

 

 

 

 

 

 

 

 

 

 

 

 

State board of health to regulate construction of mausoleums, vaults, etc.


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

ê1931 Statutes of Nevada, Page 24 (CHAPTER 21, SB 7)ê

 

 

Proviso

 

 

 

 

Plans to be approved prior to construction

 

 

 

Certain requirements necessary

 

 

 

 

Duties of state board of health

 

 

 

 

 

 

 

 

Must obtain certificate of state board of health

 

 

 

 

Procedure when declared menace to public health

regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures; provided, the proper local officials of any township, incorporated village or city shall have the authority to make and enforce such additional ordinances, by-laws, rules or regulations as they may deem necessary not inconsistent with this act or with any rule or regulation adopted or prescribed by the state board of health.

      Before commencing the building, construction or erection of the same, full detailed plans and specifications of such structure shall be presented to the state board of health for its examination and approval. The approval of the said plans and specifications of such structure shall be evidenced by a certificate in writing, signed by the executive officer of the state board of health.

      Sec. 2.  All crypts or catacombs placed in a mausoleum, vault or other burial structure, as described in section 1 of this act, shall be so constructed that all parts thereof may be readily examined by the state board of health, or any other health officer, and such crypts or catacombs, when used for the permanent interment of a deceased body or bodies, shall be so hermetically sealed that no offensive odor or effluvia may escape therefrom.

      Sec. 3.  The state board of health shall have supervisory control over the construction of any such mausoleum, vault or crypt, and it shall be the duty of said board to see that the approved plans and specifications are in all respects complied with; to appoint an inspector under whose supervision such mausoleum, vault or crypt shall be erected, and to determine the amount of compensation of said inspector. Said compensation shall be paid by the person, firm or corporation erecting such mausoleum, vault or crypt. No departure or deviation from the original plans and specifications shall be permitted except upon approval of the state board of health, evidenced in like manner and form as the approval of the original plans and specifications.

      No mausoleum, vault, crypt or structure so erected as aforesaid shall be used for the purpose of interring or depositing therein any dead body until there shall have been obtained from the state board of health a final certificate, signed by the executive officer of the board, stating that the plans and specifications, as filed, have been complied with and that the maintenance fund required by this act has been deposited with the proper city or county official.

      Sec. 4.  Whenever any mausoleum, vault, crypt or structure heretofore erected, and containing one or more deceased human bodies, shall, in the opinion of the state board of health, become a menace to public health, any court of competent jurisdiction may order the person, firm or corporation owning said structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt.


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ê1931 Statutes of Nevada, Page 25 (CHAPTER 21, SB 7)ê

 

or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt. And if no such person, firm or corporation can be found in the county where such mausoleum, vault or crypt may be located, then such removal and interment shall be at the expense of the cemetery or cemetery association, county, city or town where such mausoleum, vault or crypt may be situated.

      Sec. 5.  There shall be deposited with the city treasurer or, where said mausoleum, vault or crypt is to be erected in territory not under the jurisdiction of any city, then with the county treasurer of the county in which such mausoleum, vault, crypt or structure is to be constructed, a maintenance fund in such sum as shall be determined and fixed by the said state board of health, which said fund shall be held and invested by the said city or county treasurer for the benefit of and care for such mausoleum, vault or crypt, and the income thereof paid annually or less frequently as the cemetery or other committee having in charge such mausoleum, vault or crypt may require for the care and upkeep of said structure.

      Sec. 6.  Any person, any member of a firm, or any officer or director of a corporation failing to comply with each and every provision of this act shall be personally liable therefor, and shall, upon the conviction thereof, be deemed guilty of a misdemeanor. Violation of any of the provisions of this act shall be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by confinement in the county jail not less than ten days nor more than six months or by both such fine and imprisonment.

      Sec. 7.  This act shall take effect and be in force from and after its passage and approval.

 

 

 

 

 

 

Maintenance fund to be deposited with county treasurer

 

 

 

 

 

 

Penalty for violation

 

 

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 26ê

CHAPTER 22, AB 18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section repealed

[Assembly Bill No. 18–Mr. Georgetta]

 

Chap. 22–An Act to repeal section 20 of an act entitled “An act providing for the creation of a state barber’s health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, being section 779 Nevada Compiled Laws 1929.

 

[Approved February 20, 1931]

 

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 repealed.

 

________

 

CHAPTER 23, AB 29

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary administration may be ordered when value of estate not in excess of $3,000

[Assembly Bill No. 29–Mr. Kenny]

 

Chap. 23–An Act to amend section 270 of “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, being section 9870 of Nevada Compiled Laws 1929.

 

[Approved February 20, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 270 of the above-entitled act is hereby amended so as to read as follows:

      Section 270.  When it shall be made to appear to the court or judge, by affidavit or otherwise, that the value of an estate does not exceed three thousand dollars, the court or judge may, if deemed advisable, make an order for a summary administration of such estate, dispensing with all regular proceedings and notices, except the notice of appointment of executor or administrator, which shall be given by publication for four weeks; provided, the cost does not exceed five dollars. Creditors of such an estate must file their claims, due or to become due, with the clerk, within forty days after the first publication of said notice, and within five days thereafter the executor or administrator must act on the claims filed, and present them in three days thereafter to the judge for his action. Any claim which shall not be filed within said forty days shall be barred forever. The judge or court may, however, if deemed proper, order the notice herein provided for to be given by posting, instead of by publication.


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ê1931 Statutes of Nevada, Page 27 (CHAPTER 23, AB 29)ê

 

of by publication. The court or judge must be satisfied that proper notice has been given before decreeing distribution of the estate and discharging the executor or administrator. Every claim which shall have been filed as above provided, allowed by the executor or administrator, and approved by the judge, shall then, and not until then, be ranked as an acknowledged debt of the estate, and to be paid in due course of administration. The administration of the estate may be closed and distribution made at any time after the expiration of the time for the judge to act on the claims, when it shall appear to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate in condition to be finally settled. The total of fees and costs of the clerk in a summary administration shall not exceed fifteen dollars. The provisions of this section shall apply only to estates of which summary administration shall be ordered.

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

Proper notice must be given

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 24, SB 10

[Senate Bill No. 10–Senator Henderson]

 

Chap. 24–An Act to amend section 285 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, being section 8783 Nevada Compiled Laws 1929, vol. 4.

 

[Approved February 20, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 285 of the above-entitled act is hereby amended to read as follows:

      Section 285.  Upon a trial of a question of fact by the court, its decision must be given within thirty days after the cause is submitted for decision.

      Sec. 2.  This act shall become and be effective on and after passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question of fact decided, when

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 28ê

CHAPTER 25, SB 11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Findings of fact may be waived

 

 

 

 

 

 

 

Court may add to or modify findings

 

 

 

 

In effect

[Senate Bill No. 11–Senator Henderson]

 

Chap. 25–An Act to amend section 286 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, being section 8784 Nevada Compiled Laws 1929, vol. 4.

 

[Approved February 20, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 286 of the above-entitled act is hereby amended to read as follows:

      Section 286.  Findings of fact may be waived by the several parties to an issue of fact.

      1. By failing to appear at the trial.

      2. By consent in writing, filed with the clerk.

      3. By oral consent, in open court, entered in the minutes.

      In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties who have appeared in the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration or such five days.

      The court may, however, at any time before said findings are signed, add to or modify the findings in any respect so as to make the same conform to the issues presented by the pleadings and to the evidence adduced at the trial. No such additions to, or modifications of, the findings shall be made unless a notice in writing specifying generally the additions or modifications desired shall have been served on the adverse party or his attorney of record.

      Sec. 2.  This act shall become and be effective on and after passage and approval.

 

________

 

CHAPTER 26, SB 58

 

[Senate Bill No. 58–Senators Bush, Fairchild and Friedman]

 

Chap. 26–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 20, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 547 of the above-entitled act, the same being section 5489 of the Revised Laws of Nevada (1912), as amended by chapter 77, 1925 Statutes of Nevada, pages 114, 115, and being section 9036 Nevada Compiled Laws 1929, is hereby amended to read as follows:


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ê1931 Statutes of Nevada, Page 29 (CHAPTER 26, SB 58)ê

 

      Section 547.  It shall be lawful for any district judge of this state at any time within twelve months after the expiration of his term of office, or within twelve months after he shall, from any cause, have ceased to exercise the duties of such office, to sign any records of his court that he may have left unsigned at the time of his going out of office; also, to sign and settle bills of exception subject to the same regulations and restrictions that now are or hereafter may be prescribed by law. All judges about to retire from office by reason of resignation or the expiration of their term shall, before such retirement, decide all cases and matters submitted to them and remaining undetermined, and such decision or decisions shall be entered in the minutes of the court, and, if in writing, filed with the clerk of said court before such retirement, and cause the clerk of said court to serve upon all parties to such case or matter, in the manner provided by law, notice of such decision with a true copy of such minutes or of such written decision within ninety (90) days from and after such decision shall have been so entered in such minutes or said written decision so filed, and such parties, or either or any of them, entitled by law or by lawful order of court duly made and entered before such retirement to present to such judge written findings of fact, conclusions of law, and judgment and decree, may at any time within eight (8) months from and after such entry or filing of decision deliver to such retiring judge and serve upon all the other parties to any such case or matter, in the manner provided by law, such written findings of fact, conclusions of law, and judgment and decree as they or either or any of them may propose in such case or matter or on any matter litigated and determined therein; and, in any such case or matter so decided, such other parties thereto so served with such proposed written findings of fact, conclusions of law, and judgment and decree, or either or any of them, may at any time within thirty (30) days from and after such service of said proposed written findings of fact, conclusions of law, and judgment and decree deliver to such retiring judge such written objections and/or exceptions thereto as may legally be made and taken pursuant to law and serve the same upon the opposite party or parties in any such case or matter, in the manner provided by law; and thereafter at any time within twelve (12) months after such case shall have been so decided and such decision so entered in the minutes of said court or such written decision so filed, such former judge so having retired from office may hear, rule upon, allow and determine such objections and/or exceptions as may have been so delivered to him and so served upon such opposite party or parties, and settle, sign, and enter the final written findings of fact, conclusions of law, and judgment and decree and file same with the clerk of the district court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by such former district judge; and the acts of such judge in so hearing, ruling upon, allowing and determining such objections and/or exceptions, and in so settling and signing such final written findings of fact, conclusions of law, and judgment and decree so settled and signed by him, and also in making any lawful order incident thereto, shall be valid for all purposes as if done prior to his retirement from office.

Judge may perform certain acts after term expires


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

ê1931 Statutes of Nevada, Page 30 (CHAPTER 26, SB 58)ê

 

Orders, etc., filed with clerk; procedure in case of death of judge

 

 

 

 

 

 

 

 

 

 

 

Appeal may be taken within six months after filing of final judgment or decree

 

 

 

 

Repeal

In effect

of the district court where such case or matter is pending and cause the same to be served upon the adverse party or parties therein in the manner provided by law or as directed by such former district judge; and the acts of such judge in so hearing, ruling upon, allowing and determining such objections and/or exceptions, and in so settling and signing such final written findings of fact, conclusions of law, and judgment and decree so settled and signed by him, and also in making any lawful order incident thereto, shall be valid for all purposes as if done prior to his retirement from office. In case of the death of a district judge after he has rendered and filed a decision or opinion or caused the same to be entered in the minutes of the court and before the filing of findings, or the entry of judgment, the succeeding judge of the court in which such cause was tried shall make an examination of the decision or opinion, the minutes of such cause, the pleadings, the record and reporter’s notes taken therein, if any, and shall sign and settle the findings, and cause judgment to be entered in the same manner as if such succeeding judge had presided at the trial of the cause.

      Sec. 2.  In any such case of retirement from office of a district judge, or of his death, or of his ceasing, for any cause, to exercise the duties and functions of his office, and the entry of judgment and decree thereafter as provided for in section 1 of this act, the party or parties entitled under the law to appeal from any final judgment and decree, may take an appeal in the manner provided for by law from any such judgment and decree so entered, signed and filed at any time within six months after the filing of such final judgment and decree with the clerk of the district court where said case or matter was pending.

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

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

 

________

 

 


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ê1931 Statutes of Nevada, Page 31ê

CHAPTER 27, SB 31

[Senate Bill No. 31–Senator Heidtman]

 

Chap. 27–An Act to amend sections 4, 5 and 9 of an act entitled “An act to establish a state board of embalmers; to provide a system of examination, registration and licensing of embalmers; to provide for the better protection of life and health; to prevent the spread of infectious and contagious diseases in the state, and to impose penalties for the violation of its provisions,” approved February 20, 1909; being sections 2668, 2669 and 2673, Nevada Compiled Laws 1929.

 

[Approved February 20, 1931]

 

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.  Examinations-Licenses-Disinfection-Board of Health.  The members of this board shall examine candidates for licenses in the following subjects: Anatomy, sanitary science, the care, disinfection, preservation, transportation of and burial, or other final disposition, of dead bodies, and signs of death; the manner in which death may be determined; the prevention of the spread of infectious and contagious diseases; chemistry, including toxicology; restorative art, including plastic surgery and derma surgery; the rules and regulations of the state board of health relating to infectious diseases and quarantine; and any other subject which the board of embalmers may determine, by rule or regulation, to be necessary or proper in order to prove the efficiency and qualification of the applicant.

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

      Section 5.  Idem-Fees-Renewal of License.  Every person who wishes to practice the profession of embalming shall appear before the state board of embalmers and, upon payment of a fee not to exceed twenty-five dollars to cover expenses of examination, be examined in the knowledge of the subjects set forth in section 4 hereof. Such examinations shall be in writing and by actual demonstration on a cadaver. All examination papers shall be kept on record by said state board of embalmers, and if applicant to become an embalmer shall:

      (a) Have attained the age of twenty-one years;

      (b) Be of good moral character;

      (c) Have completed a four years’ course in a duly accredited high school, or a course of education equivalent thereto;

      (d) Have had not less than two years’ practical experience under a licensed embalmer, and have completed the full course of instruction in a school of embalming of class A type as rated by the conference of embalmers’ examining board of the United States;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to conduct examinations

 

 

 

 

 

 

 

 

 

 

Embalmers must pass examination

 

 

 

 

Requirements for license

 


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ê1931 Statutes of Nevada, Page 32 (CHAPTER 27, SB 31)ê

 

Requirements for license

 

 

 

 

 

 

License to issue; renewal; fee

 

 

 

 

Reciprocity

 

 

 

 

In effect

course of instruction in a school of embalming of class A type as rated by the conference of embalmers’ examining board of the United States;

      (e) Have actually embalmed at least twenty-five bodies under the supervision of a licensed embalmer prior to the date of examination;

      (f) Have presented affidavits of at least two respectable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character; and

      (g) Have passed such examination;

the said board must issue to said applicant license to practice the profession of embalming for one year. If the applicant desires a renewal of the license the said board shall grant it, except for cause, and the annual fee for the renewal of licenses shall not exceed the sum of five dollars.

      Sec. 3.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  Reciprocity.  Reciprocity may be arranged by the state board of embalmers with states having requirements equivalent to those of Nevada, where the same courtesy is extended to Nevada licenses, upon payment of the fee of twenty-five dollars to the secretary of the said board thereof; but in case of any doubt on the part of the state board an examination shall be had as herein provided.

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

 

________

 

CHAPTER 28, SB 20

 

 

 

 

 

 

 

 

 

 

 

 

 

County board of education may provide for transportation of pupils

[Senate Bill No. 20–Senator Dolf]

 

Chap. 28–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved February 20, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 183 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911 (being section 5828 of the Nevada Compiled Laws 1929), is hereby amended to read as follows:

      Section 183.  The county high school shall be under the same general supervision and shall be subject to the same laws, rules, and regulations governing the other schools of the state school system. The county board of education, with the approval of the board of county commissioners and upon petition of at least 25% of the qualified electors of any county, as shown by the vote cast at the preceding election for member of Congress, requesting such action,


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ê1931 Statutes of Nevada, Page 33 (CHAPTER 28, SB 20)ê

 

for member of Congress, requesting such action, may include in its annual budget the cost of transporting high school pupils to and from a county high school at the expense of the county, and when the amount of such cost shall be so certified to the board of county commissioners it shall be the duty of the latter board to add to the next county tax such percentage as may be necessary to provide such funds, and the board of education may use the money collected from such tax for the purchase or use of motor vehicles and other necessary equipment, for the employment of drivers and other necessary employees, and in arranging for such transportation by contract or otherwise; and in cases where pupils attending any other school situated in the same city or town as the county high school are transported at the expense of the public, the county board of education and the board of trustees of such other school district may enter into equitable agreements for the joint use of transportation facilities, so as to avoid a duplication of service and secure the maximum benefits from the moneys expended for transportation purposes.

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

To include cost of transportation in annual budget

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 29, AB 32

[Assembly Bill No. 32–Mr. Noble]

 

Chap. 29–An Act to amend section 2 of “An act relating to sheriffs,” approved November 28, 1861, being section 2145 Nevada Compiled Laws 1929.

 

[Approved February 24, 1931]

 

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.  Before entering upon the discharge of his duties each sheriff shall take the oath of office and give a bond to his county in the penal sum of not less than ten thousand nor more than fifty thousand dollars, with two or more sureties, residing in his county, or by any qualified surety company, to be approved by the board of county commissioners, conditioned for the faithful performance of the duties of his office, which bond shall be filed and recorded in the office of the county clerk of his county.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Sheriffs must take oath and give bond

 

 

 

 

 

Repeal

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 34ê

CHAPTER 30, AB 88

 

 

 

 

 

 

 

 

 

 

 

Nevada Compiled Laws 1929, legal evidence of law in all state courts

 

 

 

 

How cited

 

 

In effect

[Assembly Bill No. 88–Mr. Dixon]

 

Chap. 30–An Act declaring the laws published in the Nevada Compiled Laws of 1929 to be legal evidence of the law therein contained, and other matters properly connected therewith.

 

[Approved February 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That certain compilation of laws of the State of Nevada, authorized by the legislature of the State of Nevada in the regular session of 1929, as the same appears under the title of “Nevada Compiled Laws 1929,” compiled and annotated by Curtis Hillyer, in six volumes, shall be legal evidence of the law therein contained in all the courts of this state, but shall not preclude reference to, or control in case of any difference, the force or effect of any original act as passed by the legislature of this state.

      Sec. 2.  The compilation referred to in section 1 hereof shall be known and designated as “Nevada Compiled Laws 1929,” and for the purposes of brevity may be cited as “N. C. L. 1929.”

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

 

________

 

CHAPTER 31, AB 31

 

 

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Churchill County

[Assembly Bill No. 31–Mr. Noble]

 

Chap. 31–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Churchill County and ex officio clerk of the First judicial district court of the State of Nevada, and providing for the disposition of such fees.

 

[Approved February 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county clerk of Churchill County and ex officio clerk of the First judicial district court of the State of Nevada shall charge and collect fees as follows:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, fifteen dollars;

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


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ê1931 Statutes of Nevada, Page 35 (CHAPTER 31, AB 31)ê

 

      For filing a complaint in intervention, five dollars;

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

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment;

      For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents;

      For entering judgment by confession, three dollars;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio;

      For issuing execution or order of sale, one dollar; and for copying decree and return, twenty cents per folio;

      For services performed in an action appealed from a justice’s court, ten dollars;

      For services performed in an action transferred from the district court of another county, ten dollars;

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar;

      For filing any paper in any case after judgment, not otherwise provided for, twenty-five cents;

      For issuing transcript of judgment, twenty cents per folio;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For all services rendered in any proceeding had pursuant to sections 9704 of Nevada Compiled Laws 1929, five dollars;

      For services in probate proceedings wherein a summary administration shall be ordered, fifteen dollars;

      For services in probate proceedings not had pursuant to section 9704 of Nevada Compiled Laws 1929, and wherein summary administration is not ordered, twenty-five dollars;

      For services in guardianship proceedings, fifteen dollars;

      For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross petition to the appointment of an executor, administrator or guardian, five dollars;

      The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

Fees of county clerk of Churchill County


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ê1931 Statutes of Nevada, Page 36 (CHAPTER 31, AB 31)ê

 

Fees of county clerk of Churchill County

 

 

 

 

 

 

 

 

Certain fees included

 

Duties of clerk

 

 

Part of fees to go into “Law Library Fund”

 

 

In effect; prior law to govern in certain cases

following fees and compensation not otherwise provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

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

      And for all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      Sec. 2.  The foregoing fees shall include the fees provided for and known as “special court fees” in sections 2961 and 2962 of Nevada Compiled Laws 1929.

      Sec. 3.  The clerk shall, on the first Monday of each and every month, pay to the county treasurer the amount of all fees charged by the said clerk during the next preceding month.

      Sec. 4.  On the commencement in or removal to the district court of said county of any civil action, proceeding or appeal, on filing the first paper therein, the clerk of said court shall set aside from the costs received the sum of four dollars in each such case for the “Law Library Fund” of said county as the same is now constituted by law.

      Sec. 5.  This act shall take effect upon its passage and approval; provided, that in all proceedings begun previous to this act becoming a law such fees and charges as were provided by law at the time such action or proceeding was commenced shall be charged and collected until the termination thereof.

 

________

 

CHAPTER 32, AB 6

 

[Assembly Bill No. 6–Mr. Hamlin]

 

Chap. 32–An Act to amend section 5 of an act entitled “An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto,” approved January 27, 1915, being section 7297 Nevada Compiled Laws 1929, and adding thereto additional supplementary sections to be known as sections 5a, 5b, 5c, 5d, 5e, 5f and 5g.

 

[Approved February 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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


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

ê1931 Statutes of Nevada, Page 37 (CHAPTER 32, AB 6)ê

 

      Section 5.  All legislative bills and resolutions shall be enrolled in typewriting on sheets of paper sixteen (16) inches by nine and one-half (9 1/2) inches in dimensions with a one and one-half inch (1 1/2) margin on the left-hand side and top and bottom of said sheet, and not more than a one inch (1) margin on right-hand side, ruling to be on both sides of each sheet. The paper shall be the best quality of ledger paper and suitable for making one clear carbon copy. An original and carbon copy shall be made. If the bill embraces more than one of said sheets they shall be temporarily bound together by a metal fastener in the upper left-hand corner which penetrates all the sheets and holds them securely together. All portions of sheets not covered by typewriting shall be ruled off in red ink to prevent insertion of other matter.

      Sec. 2.  There is hereby added to the above-entitled act sections 5a to 5g, to read as follows:

      Section 5a.  Every bill and joint resolution passed by both houses shall be signed, after enrollment, by the respective presiding officers thereof and by the secretary of the senate and chief clerk of the assembly.

      Section 5b.  The complete history of each bill and joint resolution shall be indorsed in typewriting upon the back of the last sheet of the original copy thereof. The duplicate copy of each bill or joint resolution shall be deposited with the secretary of state by the chairman of the enrollment committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, for transmission to the state printer to be used by him in preparation of the volume of statutes enacted at the session of the legislature; provided, the printed bill may by resolution be used as the enrolled bill.

      Section 5c.  The original copy shall then be presented by the chairman of the enrollment committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, to the governor for his action, who may authorize his secretary or legislative counsel to receive and receipt for same in his name.

      Section 5d.  The secretary or other person duly authorized shall indorse by stamp, on the back of said original copy of such bill or joint resolution, over his signature, from whom and which house received, the date and hour of receipt, number of sheets comprising same, and compute and note thereon the time limit for action by the governor, excluding the day of receipt and Sundays, and which shall not exceed the constitutional limit for such action. Within such time limit the bill or joint resolution shall, if approved, be signed by the governor immediately after the signatures of the officials of both houses, as follows:

Size specified for enrolled bills and resolutions

 

 

 

 

 

 

 

 

 

Presiding officers must sign bills and resolutions

Duplicate copies; disposition of

 

 

 

 

Printed bill may become enrolled bill

Original copy to go to governor

 

 

 

Procedure upon receipt of bill or resolution in governor’s office


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ê1931 Statutes of Nevada, Page 38 (CHAPTER 32, AB 6)ê

 

Form of approval; filed with secretary of state

 

 

 

 

 

Secretary of state to receipt to governor

 

 

 

Procedure when governor does not approve prior to adjournment

 

 

 

 

 

Governor may exercise veto powers

 

 

 

 

May become law after veto

 

 

 

Repeal

 

In effect

      “State of Nevada, Executive Department, Approved …….......A.M. ...............P.M. ............... (Month) ................ ................. (Day) ................. .................(Year) ................. ................................. (Governor).” Immediately following such approval, without alteration or correction, the bill or joint resolution shall be deposited with the secretary of state, who shall indorse on the back thereof, following the indorsement of the secretary to the governor: “Received and filed........... (Hour) ........... (Month) ........... (Day) ........... ........... (Year) ........... .................................Secretary of State.”

      Section 5e.  The secretary of state, or such deputy or clerk as he shall designate in writing, shall receipt to the governor for all bills and joint resolutions received, noting the number of such bill or resolution, the house wherein same originated, the number of pages contained therein and the hour and date received, and such receipt shall be retained in the governor’s office for at least six years.

      Section 5f.  If the governor does not approve any bill or joint resolution within five days, Sundays excepted, after it shall have been presented to him, it shall become a law without his signature, unless he shall have returned it to the house in which it originated, with his objections thereto, and which shall be entered in its journal. Such house shall thereupon proceed to reconsider such vetoed bill or joint resolution, and if thereafter it shall again pass both houses by a two-thirds vote of the members elected to each house, it shall become a law notwithstanding the objections of the governor, and shall be delivered by the chairman of the enrolling committee direct to the secretary of state for filing, and who shall receipt to such chairman therefor.

      Section 5g.  If the legislature shall, by its final adjournment, prevent the return of a bill or joint resolution within five days after delivery to the governor, Sundays excepted, it shall become a law without his signature, unless within ten days next after the adjournment, Sundays excepted, he shall file such bill with his objections thereto with the secretary of state, who shall lay the same before the legislature at its next regular session in like manner as if it had been returned by the governor direct to the house in which it originated; and if such bill or joint resolution shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law, and shall be delivered by the chairman of the enrolling committee direct to the secretary of state for filing, and who shall receipt to such chairman therefor.

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

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

 

________

 

 


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ê1931 Statutes of Nevada, Page 39ê

CHAPTER 33, SB 57

[Senate Bill No. 57–Senator Winters]

 

Chap. 33–An Act to provide for the graveling and oiling of portions of certain streets in the city of Carson, State of Nevada, making an appropriation therefor, and other matters properly connected therewith.

 

[Approved February 25, 1931]

 

      Whereas, The city government of the city of Carson is willing to take care of the expense of the construction of gutters, and the arranging for shoulders thereon, in the proposed construction of certain street work designated in the body of this act; and

      Whereas, There is now an opportunity to construct the said street work at a great saving of expense to the city of Carson and the State of Nevada on account of material and equipment now on hand in the vicinity of the proposed work belonging to certain highway contractors; and

      Whereas, There is urgent need for the construction of the performance of the proposed work herein referred to; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the state highway engineer is authorized and directed to proceed with the graveling and oiling of the following portions of the certain streets in the city of Carson, State of Nevada, to wit: Beginning at the east edge of the present pavement at the intersection of Carson and Musser streets, thence easterly along the centerline of East Musser street a distance of 439 feet to the intersection with Fall street, thence southerly along the centerline of Fall street, a distance of 486 feet to the intersection with East Second street, thence westerly along the centerline of East Second street a distance of 439 feet to the east edge of the present pavement at the intersection of East Second and Carson streets, with a surface width of thirty feet to be graveled surface and oil, constructed in such manner as shall be approved by the state highway engineer of the State of Nevada.

      Sec. 2.  For the purpose of carrying into effect the provisions of section 1 of the above-entitled act, there is hereby appropriated out of the general fund of the State of Nevada, not otherwise especially set aside, the sum of thirty-three hundred ($3,300) dollars, or so much thereof as may be necessary to carry out the provisions of this act.

      Sec. 3.  The state highway engineer is hereby authorized and directed to draw his order on the state controller for the sum necessary to carry out the provisions of this act, and the state controller is directed to issue his warrant therefor upon the state treasurer and the state treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

State highway engineer to improve certain streets in Carson City

 

 

 

 

 

 

 

 

Appropriation $3,300

 

 

 

Duties of controller and treasurer


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

ê1931 Statutes of Nevada, Page 40 (CHAPTER 33, SB 57)ê

 

 

In effect

upon the state treasurer and the state treasurer is hereby directed to pay the same.

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

 

________

 

CHAPTER 34, SB 56

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lander County commissioners to appoint night watchman for Battle Mountain

 

Compensation of night watchman

 

In effect

 

Repeal

[Senate Bill No. 56–Senator Getchell]

 

Chap. 34–An Act to amend an act entitled “An act authorizing the county commissioners of Lander County, Nevada, to appoint a night watchman for the town of Battle Mountain upon receipt of petition therefor, to fix the salary of night watchman, and prescribing what said petition shall contain,” approved February 20, 1913, making such night watchman chief of Battle Mountain fire department, and other matters relating thereto.

 

[Approved March 2, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 1.  Upon receipt of a petition as hereinafter described the board of county commissioners of Lander County, Nevada, is hereby authorized and required to appoint a night watchman for the town of Battle Mountain in said county, who, also, shall be chief of the Battle Mountain fire department.

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

      Section 2.  The compensation of said night watchman including the duties required of him as chief of said fire department is to be one hundred and fifty ($150) dollars per month, in full for all services rendered by him.

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

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 41ê

CHAPTER 35, SB 62

[Senate Bill No. 62–Committee on Banks and Banking]

 

Chap. 35–An Act to amend an act entitled “An act to regulate banking and other matters relative thereto,” approved March 22, 1911, with the amendments thereto.

 

[Approved March 2, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 35 of the above-entitled act, being section 684 of Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 35.  No bank official shall give preference to any depositor or creditor by pledging the assets of the bank as collateral security or otherwise; provided, however, that any bank may secure funds deposited with such bank by the United States, state, or counties of the state by pledging acceptable assets of the bank as collateral security; provided further, that any bank may borrow money for temporary purposes, not to exceed the amount of its paid-up capital, and may pledge any of its assets as collateral security therefor; provided further, that when it shall appear that a bank is borrowing habitually for the purpose of conducting its business, the bank examiner may require such bank to pay off such borrowed money. Nothing herein shall prevent any bank from rediscounting in good faith and indorsing any of its negotiable notes.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

No discrimination as to depositors or creditors

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 36, AB 109

[Assembly Bill No. 109–Mr. Hussman]

 

Chap. 36–An Act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The surveyor general is authorized and directed to represent the State of Nevada in negotiating and entering into an agreement with the federal government for the purpose of securing cooperation in the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada, owning lands therein, as are necessary in carrying out the terms of the federal agreement or that will otherwise promote and encourage the protection from fire of forest and other lands having an inflammable cover.

 

 

 

 

 

 

 

 

 

 

 

 

Surveyor general to cooperate in fire prevention


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

ê1931 Statutes of Nevada, Page 42 (CHAPTER 36, AB 109)ê

 

 

 

 

 

County commissioners to aid in forest protection

 

 

 

 

 

 

 

May enter into agreement with federal government

 

 

 

 

 

Travel expense allowed surveyor general

 

 

Authority defined

 

 

In effect

commissioners, municipalities, organizations and individuals in the State of Nevada, owning lands therein, as are necessary in carrying out the terms of the federal agreement or that will otherwise promote and encourage the protection from fire of forest and other lands having an inflammable cover.

      Sec. 2.  Any board or boards of county commissioners of the State of Nevada are authorized to enter into cooperative agreements with said surveyor general, acting for the state, also with municipalities, other counties, organizations and individuals to prevent and suppress outdoor fires, and are further authorized to appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction and maintenance of forest protection improvements and equipment, and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the surveyor general incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.

      Sec. 3.  The surveyor general and the boards of county commissioners, either separately or collectively, are authorized to enter into agreements with the United States forest service to provide for placing any or all portions of the forest protection work under the direction of the forest service, under such terms as the contracting parties deem equitable, and are authorized to place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the forest service for disbursement by that agency for the purposes stated in the agreements and otherwise in conformity with the terms thereof.

      Sec. 4.  The surveyor general is authorized, in carrying out the provisions of this act, to use such existing clerical and other office service as is under his direction, and to expend for travel expense such sums as may be necessarily incurred for this purpose.

      Sec. 5.  Any authority granted by this act for entering into cooperative agreements shall be deemed to include authority for canceling, modifying and renewing such agreements.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 43ê

CHAPTER 37, AB 77

[Assembly Bill No. 77–Mr. Hussman]

 

Chap. 37–An Act to amend an act entitled “An act to provide for the government of the state prison of the State of Nevada,” approved March 7, 1873, as amended Stats. 1877, page 67, and Stats. 1893, page 101, and to repeal all acts and parts of acts in conflict therewith, and being sections 11453 and 11454 Nevada Compiled Laws 1929.

 

[Approved March 3, 1931]

 

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.  The warden shall take charge of the state prison promptly after his appointment, and shall hold office until his successor is appointed and qualified. He shall be subject at all times to the order and direction of the state board of prison commissioners, and shall be the chief executive officer of and reside at the prison.

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

      Section 5.  The warden shall have the general superintendence of prison discipline and prison labor, shall have the power to engage and remove all employees, including a matron (who may be his wife), whenever there shall be female prisoners confined in said prison; shall keep, or cause to be kept, records whereon shall be recorded the name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features, nativity (state, county or city, or country, province or city), occupation, read, write, date of sentence, name of judge passing sentence, county from whence committed, the crime charged, date of incarceration, term of imprisonment, expiration date of minimum and maximum terms of imprisonment of all prisoners, and such other desirable or pertinent information as may be necessary; shall make out a correct monthly report of the same, and file same with the secretary of the board of prison commissioners; shall securely and carefully file in his office all commitments of prisoners that may be sent to the state prison; shall furnish a like statement regarding each individual prisoner, promptly after the receipt of such prisoner at the state prison, to the secretary of the state board of pardons and parole commissioners, for recording and filing in such office.

      Sec. 3.  All acts and parts of acts, in so far only as they conflict with the provisions of this act, are hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Warden, appointment of

 

 

 

 

Duties of warden

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 44ê

CHAPTER 38, AB 86

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property exempt from taxation

 

 

 

 

Certain mines and mining claims

 

 

 

Churches, etc.

 

Proviso

 

 

Secret societies

 

 

 

 

 

 

Free cemeteries

[Assembly Bill No. 86–Mr. Cobb]

 

Chap. 38–An Act to amend section 5 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, as amended, being section 6418 Nevada Compiled Laws 1929.

 

[Approved March 3, 1931]

 

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, being section 6418 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 5.  All property of every kind and nature whatsoever within this state shall be subject to taxation except:

      First-All lands and other property owned by the state, or by the United States, or by any county, incorporated farm bureau, municipal corporation, irrigation, drainage or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state.

      Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this state, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.

      Third-Churches, chapels and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto; provided, that when any such property is used exclusively for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

      Fourth-The funds, furniture, paraphernalia and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society or organization.

      Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.

      Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to any one but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed any one the total value of whose property within the state exceeds six thousand dollars.


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

ê1931 Statutes of Nevada, Page 45 (CHAPTER 38, AB 86)ê

 

family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to any one but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed any one the total value of whose property within the state exceeds six thousand dollars.

      Seventh-The real property owned and used by any post or unit of any national organization of ex-service men or women. The property, not to exceed the amount of one thousand dollars, of any person who has served in the army, navy, marine corps, or revenue marine service of the United States in the time of war and who has received an honorable discharge therefrom; provided, that such exemption shall be allowed only to claimants who shall make an affidavit annually before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, and that the total value of all property of affiant within this state is less than four thousand dollars.

      Eighth-There shall also be exempt from taxation all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.

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

Widows, orphans and the totally blind

 

 

 

 

 

 

War veterans

 

 

 

 

 

 

 

 

University fraternities

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 46ê

CHAPTER 39, SB 61

 

 

 

 

 

 

 

 

 

 

 

 

State to cooperate with federal government in mineral survey; appropriation $20,000

 

 

 

Appropriation available only under certain conditions

Who may enter into agreement

 

 

 

Claims to be approved; duties of controller and treasurer

 

 

State printer to publish reports

 

 

 

In effect

[Senate Bill No. 61–Committee on Mines and Mining]

 

Chap. 39–An Act to provide for the investigation of mineral resources of the State of Nevada and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and providing an appropriation for the expense thereof.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of making an investigation of the mineral resources of the State of Nevada and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and otherwise investigating mineral and geological conditions within the said state, there is hereby appropriated out of the general fund in the state treasury, from moneys not otherwise appropriated, the sum of twenty thousand ($20,000) dollars for cooperation with the United States geological survey.

      Sec. 2.  This appropriation shall be contingent upon and not available unless the United States government apportions an equal or greater amount to be expended within the State of Nevada for such recognizance and surveys and investigation.

      Sec. 3.  The governor, attorney-general and the director of the Mackay school of mines are hereby authorized to formulate and enter into such agreement with the director of the United States geological survey or other party representative of the federal government as shall insure economical expenditure and promptness of publications of the results of such investigation, recognizance and surveys.

      Sec. 4.  All claims against said appropriation shall be approved by the governor, attorney-general and director of the Mackay school of mines, and when so approved, and approved by the state board of examiners, the state controller is directed and authorized to draw his warrant for the amount of such claim, and the state treasurer is hereby authorized and directed to pay the same.

      Sec. 5.  When reports of such recognizance, surveys and investigation, and such topographical maps as shall be made thereunder shall have been completed by the United States geological survey, the state printing office shall publish such additional copies thereof as the state board of examiners shall direct for distribution to the citizens of the State of Nevada.

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

 

________

 

 


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ê1931 Statutes of Nevada, Page 47ê

CHAPTER 40, SB 28

[Senate Bill No. 28–Senator Friedhoff]

 

Chap. 40–An Act defining the duties of cemetery corporations or associations receiving funds for the perpetual care of a plot or plots, authorizing the investment of such funds in certain classes of securities, providing a penalty for the violation thereof, and repealing all acts or parts of acts in conflict herewith.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Any cemetery corporation or association under contract for the perpetual care of a certain lot or lots in the cemetery of said corporation or association is hereby expressly forbidden to use the funds received for the perpetual care of any lot or lots under such contract or contracts for any other purpose than to provide the perpetual care mentioned in said contract, and from and after the passage of this act it shall be the duty of the board of directors or board of trustees of a cemetery corporation or association receiving funds from perpetual care contracts to invest or reinvest such funds in bonds of the United States or the bonds of this state or the bonds of other states of the Union or the bonds of counties or municipalities of the states of the Union, providing that pending such investment as herein provided, such funds may be deposited in any savings bank in this state.

      Sec. 2.  Any member of a board of trustees or any officer or director of a corporation or association violating any of the provisions of this act shall be personally liable therefor, and shall upon conviction thereof be deemed guilty of a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by confinement in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of cemetery associations regarding funds for perpetual care of lots

 

 

 

 

 

 

 

Penalty for violation of provisions of act

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 48ê

CHAPTER 41, AB 10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Causes for granting new trial

[Assembly Bill No. 10–Mr. Kenny]

 

Chap. 41–An Act to amend section 384 of an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 11032 Compiled Laws of Nevada 1929.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 384 of the above-entitled act is hereby amended so as to read as follows:

      Section 384.  The court in which a trial is had upon the issue of fact, has power to grant a new trial where a verdict has been rendered against the defendant upon his application, in the following cases only:

      1.  When the trial has been had in his absence, if the indictment be for a felony;

      2.  When the jury has received any evidence out of court other than that resulting from a view, as provided in section 341;

      3.  When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and due consideration of the case;

      4.  When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all of the jurors;

      5.  When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial;

      6.  When the verdict is contrary to law or evidence, but if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the judgment accordingly without granting or ordering a new trial, and this power shall extend to any court to which the cause may be appealed;

      7.  When new evidence shall have been discovered material to the defendant and which he could not, with reasonable diligence, have discovered and procured at the trial. When a motion for a new trial is made upon the grounds of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.


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

ê1931 Statutes of Nevada, Page 49 (CHAPTER 41, AB 10)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 effective immediately upon its passage and approval.

Repeal

 

In effect

 

________

 

CHAPTER 42, AB 67

[Assembly Bill No. 67–Messrs. Mulcahy and Malone]

 

Chap. 42–An Act to authorize the county commissioners of Washoe County, Nevada, to issue bonds to provide for erecting and constructing a public library building at Sparks, Nevada, and furnishing the same, demolish or remove the old Reno public library building, etc., and authorizing the issuance of bonds to provide for paying for the foregoing.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of erecting and constructing a public library building at Sparks, Nevada, and for furnishing the same, and tearing down or removing the old Reno public library building, the county commissioners of Washoe County are hereby authorized, empowered and directed, within sixty days after the passage of this act, to issue bonds in the name of said county of Washoe, not to exceed in amount twenty-five thousand dollars ($25,000), which bonds shall be known as “Sparks Public Library Bonds.” Said bonds and interest thereon shall be payable only in lawful money of the government of the United States of America.

      Sec. 2.  The said commissioners shall cause said bonds, or as many thereof as shall be necessary to accomplish the objects and purposes of this act, to be prepared, and they shall be signed by the chairman of the board of county commissioners, signed by the clerk of Washoe County, and authenticated with the 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 in facsimile by the treasurer of said Washoe County.

      Sec. 3.  The said commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as “Sparks Public Library Fund,” and shall be used only for the purpose of carrying out the provisions of this act. It shall be paid out only on warrants drawn by the Washoe County auditor in payment of bills contracted in pursuance of the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

$25,000 bond issue for public library building at Sparks, Nevada

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

 

Bonds to be sold at not less than par value


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

ê1931 Statutes of Nevada, Page 50 (CHAPTER 42, AB 67)ê

 

Denomination of bonds

 

 

 

 

 

 

 

Tax levy for payment of principal and interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

Disposition of balance remaining in fund

      Sec. 4.  The said bonds shall be of the denomination of one thousand dollars ($1,000) each; they shall be numbered consecutively, and shall bear interest at the rate of not more than six per cent per annum, said interest payable semiannually on the second Monday of January and the second Monday of July of the second succeeding year in which said bonds, or any of them, shall have been issued, and every six months thereafter; and on the second Monday of July of the year 1933 three of said bonds shall be taken up and satisfied; and on the second Monday of July of the years 1934 to 1944, inclusive, two of said bonds shall be taken up and satisfied.

      Sec. 5.  To provide for the payment of the said bonds, and the interest thereon, herein authorized to be issued, the said board of county commissioners shall, in the year 1932 and annually thereafter at the time of levying taxes for state and county purposes, and in the same manner, levy a special and additional tax upon all of the property within Washoe County, sufficient, in their judgment, to provide for the payment of the interest annually due on said bonds; and in the year 1932 and annually thereafter at the time of levying taxes for state and county purposes, and in the same manner, levy a special and additional tax upon all the property within Washoe County sufficient in their judgment to provide for the payment of the principal of not less than two nor more than three of said bonds, and shall each and every year thereafter redeem, take up and pay not less than two nor more than three of said bonds hereinbefore directed in section 4 of this act to be annually so taken up, redeemed and paid, and said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the “Sparks Public Library Fund.” At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “Sparks Public Library Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value or the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

      Sec. 7.  All moneys remaining from the sale of the said bonds, after complying with the provisions of this act, may remain in said fund and be used as necessity shall require in repairing or improving said building, or said remainder may be transferred to the redemption fund to pay the interest on and principal sum named in said bonds.


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

ê1931 Statutes of Nevada, Page 51 (CHAPTER 42, AB 67)ê

 

may be transferred to the redemption fund to pay the interest on and principal sum named in said bonds.

      Sec. 8.  The said board of commissioners shall immediately after said bonds shall be ready for issuance and delivery proceed to advertise that it will receive sealed proposals for the purchase of the said bonds, which said advertisement shall be published for at least thirty days in at least one newspaper published in Reno, Washoe County, Nevada; and the said Board may sell the said bonds, after due publication of the said advertisement for the said period, only to the highest and best bidder or bidders therefor, subject to the rights of the board to reject any and all bids and readvertise. The said board may, in its discretion, advertise the said bonds as aforesaid in newspapers published without said Washoe County, but no advertisement shall be published in any one newspaper published without the said county for a period longer than thirty days.

      Sec. 9.  When the said bonds shall have been sold, and the proceeds of such sale shall have been paid into the county treasury of Washoe County, as hereinbefore provided, the said board shall forthwith proceed with due diligence to carry the provisions of this act into effect.

      Sec. 10.  All of the laws in force governing the letting of contracts by boards of county commissioners of this state and all other pertinent laws are hereby made applicable to and shall govern the board in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act shall be by the board of county commissioners of Washoe County authorized, audited and paid as other obligations of said county are authorized, presented, allowed and paid.

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

 

 

County commissioners to negotiate sale of bonds

 

 

 

 

 

 

 

 

Duties of board upon sale of bonds

 

 

Provisions of existing law to govern

 

 

 

 

 

In effect

 

________

 

CHAPTER 43, AB 101

[Assembly Bill No. 101–Mr. Alward]

 

Chap. 43–An Act to amend section 1 of an act entitled “An act to regulate the use, supply and possession of narcotic drugs in the State of Nevada, and to provide penalties for the violation thereof,” approved February 23, 1923, being section 5084 Nevada Compiled Laws 1929.

 

[Approved March 3, 1931]

 

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, being section 5084 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

 


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

ê1931 Statutes of Nevada, Page 52 (CHAPTER 43, AB 101)ê

 

Narcotic drugs defined

 

 

 

 

In effect

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

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

 

________

 

CHAPTER 44, AB 27

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and jurisdiction of boards of county commissioners

[Assembly Bill No. 27–Elko County Delegation]

 

Chap. 44–An Act to amend an act entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, and all acts amendatory thereof.

 

[Approved March 3, 1931]

 

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, the same being section 1942 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  The board of commissioners shall have power and jurisdiction in their respective counties:

      First-To make orders respecting the property of the county in conformity with any law of this state and to take care of and preserve such property.

      Second-To examine, settle and allow all accounts legally chargeable against the county, in the manner provided in this act, and to levy, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county as may be authorized by law; provided, the salary of the district judge need not be audited by the board, but the county auditor shall, on the first day of each quarter year, draw his warrant on the county treasurer in favor of the district judge for the amount due such judge as salary for the quarter year preceding.

      Third-To examine and audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated by law, or otherwise, for its use and benefit.

      Fourth-To lay out, control, and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carry its control and management into effect.

      Fifth-To take care of and provide for the indigent sick of the county in such a manner only as is or may be provided by law.


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

ê1931 Statutes of Nevada, Page 53 (CHAPTER 44, AB 27)ê

 

of the county in such a manner only as is or may be provided by law.

      Sixth-To divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require.

      Seventh-To establish, change, and abolish election precincts, and to appoint inspectors and judges of elections.

      Eighth-To control and manage the property, real and personal, belonging to the county, and to receive, by donation, any property for the use and benefit of the county.

      Ninth-Lease or purchase any real or personal property, necessary for the use of the county; provided, no purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons, to be appointed for that purpose by the district judge, who shall be sworn to make a true appraisement thereof, according to the best of their knowledge and ability.

      Tenth-To sell at public auction, at the courthouse of said county, after at least thirty days’ previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same; provided, however, that such board of county commissioners shall have full power and authority, in its discretion, to convey to the United States of America, or to the State of Nevada, or political subdivision thereof, property belonging to the county, to be devoted to public use, at some fixed or agreed price, either at public or private sale; and provided further, such board of county commissioners, before ordering a sale and conveyance of such county property pursuant to this section, shall publish in a newspaper of general circulation published in the county, at least once a week for a period of thirty days prior to such order being made, notice of its intention to adopt a resolution ordering such sale and conveyance, and shall in addition to such publication cause to be posted in three conspicuous places in the township where such property is situated copies of such published notice.

      Eleventh-To cause to be erected and furnished a courthouse, jail and such other public buildings as may be necessary, and to keep the same in repair; provided, that the contract for building the courthouse, jail and other buildings, be let out, after at least thirty days’ previous public notice, as provided in subdivision ten of this section-in each case of a readiness to receive proposals therefor-to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. But no bid shall be accepted which the board may deem too high.

Powers and jurisdiction of boards of county commissioners


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

ê1931 Statutes of Nevada, Page 54 (CHAPTER 44, AB 27)ê

 

Powers and jurisdiction of boards of county commissioners

 

 

 

In effect

      Twelfth-To control the prosecution or defense of all suits to which the county is a party; and to offer and allow rewards for the apprehension or conviction of defaulting or absconding county or township officers.

      Thirteenth-To do and perform all such other acts and things as may be lawful and strictly necessary to the full discharge of the powers and jurisdiction conferred on the board.

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

 

________

 

CHAPTER 45, AB 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What license shall show; powers of labor commissioner

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 14–Mr. Dalzell]

 

Chap. 45–An Act to amend section 4 of “An act relating to employment agencies, requiring a license for the conducting of such agencies and providing a penalty for the failure to secure such license; prescribing rules and regulations for the conducting of employment agencies and requiring a bond to insure a compliance with the same; making it the duty of the labor commissioner to enforce the provisions of this act; fixing penalties for the violation of this act, and other matters relating thereto,” approved March 28, 1919, being section 2838 of Nevada Compiled Laws 1929.

 

[Approved March 3, 1931]

 

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.  Every license shall contain the name of the person licensed, a designation of the city, street, number of the house in which the person licensed is authorized to carry on said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or place other than designated in the license. When, in the opinion of the labor commissioner, a community is being adequately served by a free employment service, he shall have the authority to deny the establishment therein of any other employment agency.

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

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 55ê

CHAPTER 46, AB 13

[Assembly Bill No. 13–Mr. Dalzell]

 

Chap. 46–An Act to amend section 4 of an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, and the acts amendatory thereof, and being section 2751 Nevada Compiled Laws 1929.

 

[Approved March 3, 1931]

 

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.  Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages, and all other laws enacted for the protection and benefit of employees, and shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims, including all statutory penalties provided by law incident to the payment and collection of wages under any of the Nevada labor laws of the State of Nevada, and prosecute actions for collection of wages and other demands of persons who are financially unable to employ a counsel in cases in which, in the judgment of the commissioner, the claims for wages are valid and enforceable in the courts; and it shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and to appoint a deputy at Las Vegas, Nevada, and whenever after due inquiry he shall be satisfied that any such law has been violated, or that persons financially unable to employ a counsel have a valid and enforceable claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, and it shall be the duty of such district attorney to prosecute the same. No court costs shall be required from the labor commissioner in the prosecution of any claims or actions provided for under the labor laws of this state.

      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 its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Labor commissioner to enforce laws for protection of working classes

 

 

 

 

 

 

 

 

May appoint deputy at Las Vegas

 

District attorney to prosecute

 

 

 

Repeal

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 56ê

CHAPTER 47, AB 96

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Storey County officials authorized to pay certain claims

 

 

 

 

In effect

[Assembly Bill No. 96–Mr. Cobb]

 

Chap. 47–An Act to authorize the county auditor of Storey County to allow and the county treasurer thereof to pay certain claims from the funds of Virginia City school district.

 

[Approved March 3, 1931]

 

      Whereas, The board of trustees of Virginia City school district during the year 1930 caused certain repairs to be made to the school buildings of said district; and

      Whereas, Said trustees at the time of causing said repairs to be made believed that the expense thereof would not exceed the sum of $500; and

      Whereas, The expense of such repairs did exceed the sum of $500 and no advertisement of bids was made and no provision therefor was made in the budget of said district, and said district having received the benefits of such repairs; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county auditor of Storey County is hereby authorized and directed to allow and the county treasurer thereof is authorized and directed to pay from the funds of Virginia City school district any and all claims not exceeding, however, a total amount of eight hundred fifty-four 90/100 ($854.90) dollars, incurred by the board of trustees of such district in making repairs to the school buildings thereof during the year 1930 and for which no provision was made in the budget of said district.

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

 

________

 

CHAPTER 48, SB 39

 

 

 

 

 

 

 

 

 

 

 

Compensation Clark County officials

 

Sheriff

[Senate Bill No. 39–Senator Henderson]

 

Chap. 48–An Act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after April 1, 1931, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered.

      The sheriff of Clark County shall receive a salary of twenty-seven hundred dollars ($2,700) per annum, and such commissions as are now allowed by law not to exceed the sum of three hundred ($300) per annum.


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

ê1931 Statutes of Nevada, Page 57 (CHAPTER 48, SB 39)ê

 

      The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall also receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Clark or the State of Nevada are parties thereto. He shall also be allowed to appoint a chief deputy who shall act as jailer, and who shall receive a salary of twenty-four hundred dollars ($2,400) per annum.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of twenty-seven hundred dollars ($2,700) per annum.

      The county assessor shall receive a salary of twenty-seven hundred dollars ($2,700) per annum.

      The district attorney shall receive a salary of three thousand dollars ($3,000) per annum.

      The county treasurer shall receive a salary of twenty-four hundred dollars ($2,400) per annum.

      The chairman of the board of county commissioners shall receive a salary of twelve hundred dollars ($1,200) per annum, and the other members of the board of county commissioners shall receive a salary of six hundred dollars ($600) per annum. Each commissioner shall be entitled to traveling expenses in the sum of ten cents per mile in traveling to and from the commissioners’ meetings. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.

      Sec. 2.  The county recorder and auditor, the county clerk and ex officio clerk of the district court, the county assessor and the county treasurer may each appoint a chief deputy at a salary of eighteen hundred dollars ($1,800) per annum.

      Sec. 3.  The district attorney shall be allowed to employ a stenographer at a salary of nine hundred dollars ($900) per annum.

      Sec. 4.  The sheriff, district attorney, county recorder and auditor, county clerk and ex officio clerk of the district court, county assessor and county treasurer may, subject to the approval of the board of county commissioners, appoint such other deputies as the work in their respective offices may justify. The compensation of each of said deputies to be fixed by the board of county commissioners.

      Sec. 5.  The district attorney and county assessor shall each receive their actual traveling expenses necessarily incurred while in the performance of their duties.

      Sec. 6.  Each and all of said deputies so appointed shall give bond in such an amount and in such form as may be required by the board of county commissioners.

Expenses of sheriff; may appoint deputy

 

 

 

 

County clerk

 

 

Assessor

 

District attorney

 

Treasurer

 

County commissioners

 

 

 

 

 

 

 

Certain deputies may be appointed

 

Stenographer for district attorney

Additional deputies

 

 

 

 

Certain expenses allowed

Official bond


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

ê1931 Statutes of Nevada, Page 58 (CHAPTER 48, SB 39)ê

 

Salaries payable semimonthly

 

Duties of county auditor

 

 

 

Salaries paid as other claims are paid

 

 

 

 

 

Repeal

 

In effect

      Sec. 7.  The salaries authorized to be paid in sections 1, 2 and 3 hereof shall be payable in twenty-four equal installments, payable on the first and fifteenth day of each month.

      Sec. 8.  On the first and fifteenth day of each month the county auditor shall draw his warrant in favor of each of the officers and chief deputy officers named in sections 1, 2 and 3 hereof for the respective amounts due, and the county treasurer shall pay the same out of the salary fund of the county.

      Sec. 9.  The compensation authorized to be paid in section 4 hereof and the commissions and traveling expenses of the sheriff and the mileage of the county commissioners authorized in section 1 hereof, and the traveling expenses of the district attorney and county assessor authorized in section 5 hereof, shall be allowed and paid as other claims against the county are allowed and paid; provided, however, that all such claims for traveling expenses shall be accompanied by receipt showing such expenditure.

      Sec. 10.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 11.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 49, SB 32

 

 

 

 

 

 

 

 

 

 

 

State controller to issue certificates of authority

[Senate Bill No. 32–Senator Heidtman]

 

Chap. 49–An Act relating to burial contracts and burial certificates, making the life insurance laws of the State of Nevada applicable thereto, and other matters relating thereto.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  No person, firm, corporation or company shall transact the business of issuing burial contracts or burial certificates in this state without procuring from the state controller a certificate of authority. Every such certificate of authority shall expire on the 31st day of December after its issuance unless sooner revoked. No certificate of authority shall be granted or renewed to any person, firm, corporation or company in arrears to the state or to any county, city or town in the state for fees. licenses, taxes, assessments, fines or penalties accrued on business previously transacted in the state, nor while said person, firm, corporation or company is otherwise in fault for failure to comply with any of the laws of this state regarding governmental control of such person, firm, corporation or company by the state.


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

ê1931 Statutes of Nevada, Page 59 (CHAPTER 49, SB 32)ê

 

      A “burial contract” or “burial certificate,” within the meaning of this section, is an instrument in writing whereby any person, firm, corporation or company, in consideration of the payment of a specified sum of money, or for any other valuable consideration, promises or agrees to embalm or inter or otherwise dispose of, or procure the embalmment, or interment, or other disposal of the remains of any person who is living at the time of the execution of such instrument in writing; provided, however, that said terms shall not include any instrument in writing wherein or whereby any charitable, religious, benevolent or fraternal-benefit society, corporation, association, institution or organization not having for its object or purpose pecuniary profit, promises or agrees to embalm, or to inter, or otherwise dispose of, or to procure or to pay the expenses or any part thereof, of embalming, or interring, or otherwise disposing of the remains of any person.

      Sec. 2.  All of the provisions of the laws of the State of Nevada which pertain to or govern life insurance are hereby made applicable to and the same shall govern the issuance of burial contracts or burial certificates.

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

“Burial contract,” “burial certificate” defined

 

 

 

 

 

 

 

 

 

Provisions of existing laws to govern

 

In effect

 

________

 

CHAPTER 50, AB 30

[Assembly Bill No. 30–Mr. Kenny]

 

Chap. 50–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, by adding thereto seven new sections to be numbered and designated sections 558a to 558g, inclusive, defining indirect evidence, inferences and presumptions, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 3, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by the addition of seven new sections, to be numbered and designated as follows:

      Section 558a.  Indirect Evidence Classified.  Indirect evidence is of two kinds:

      1.  Inferences; and

      2.  Presumptions.

      Section 558b.  Inference Defined.  An inference is a deduction which the reason of the jury makes from the facts proved, without an express direction of law to that effect.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indirect evidence classified

 

Inference defined


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

ê1931 Statutes of Nevada, Page 60 (CHAPTER 50, AB 30)ê

 

Presumption defined

 

When an inference arises

 

 

 

Presumption may be controverted, when

 

 

Specification of conclusive presumptions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disputable presumptions may be controverted

      Section 558c.  Presumption Defined.  A presumption is a deduction which the law expressly directs to be made from particular facts.

      Section 558d.  When an Inference Arises.  An inference must be founded:

      1.  On a fact proved; and

      2.  On such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature.

      Section 558e.  Presumption May Be Controverted, When.  A presumption (unless declared by law to be conclusive) may be controverted by other evidence, direct or indirect, but unless so controverted the jury is bound to find according to the presumption.

      Section 558f.  Specification of Conclusive Presumptions.  The following presumptions, and no others, are deemed conclusive:

      1.  A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another;

      2.  The truth of the fact recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title; but this rule does not apply to the recital of a consideration;

      3.  Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it;

      4.  A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation;

      5.  The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate;

      6.  The judgment or order of a court, when declared by this act to be conclusive; but such judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence.

      7.  Any other presumption which, by statute, is expressly made conclusive.

      Section 558g.  All Other Presumptions May Be Controverted.  All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:

      1.  That a person is innocent of crime or wrong;

      2.  That an unlawful act was done with an unlawful intent;


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ê1931 Statutes of Nevada, Page 61 (CHAPTER 50, AB 30)ê

 

      3.  That a person intends the ordinary consequences of his voluntary act;

      4.  That a person takes ordinary care of his own concerns;

      5.  That evidence willfully suppressed would be adverse if produced;

      6.  That higher evidence would be adverse from inferior being produced;

      7.  That money paid by one to another was due to the latter;

      8.  That a thing delivered by one to another belonged to the latter;

      9.  That an obligation delivered up to the debtor has been paid;

      10.  That former rent or installments have been paid when a receipt for the latter is produced;

      11.  That things which a person possesses are owned by him;

      12.  That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership;

      13.  That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly;

      14.  That a person acting in a public office was regularly appointed to it;

      15.  That official duty has been regularly performed;

      16.  That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction;

      17.  That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties;

      18.  That all matters within an issue were laid before the jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them;

      19.  That private transactions have been fair and regular;

      20.  That the ordinary course of business has been followed;

      21.  That a promissory note or bill of exchange was given or indorsed for a sufficient consideration;

      22.  That an indorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill;

      23.  That a writing is truly dated;

      24.  That a letter duly directed and mailed was received in the regular course of the mail;

      25.  Identity of person from the identity of name;

      26.  That a person not heard from in seven years is dead;

      27.  That acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;

Disputable presumptions may be controverted


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ê1931 Statutes of Nevada, Page 62 (CHAPTER 50, AB 30)ê

 

Disputable presumptions may be controverted

      28.  That the thing happened according to the ordinary course of nature and the ordinary habits of life;

      29.  That persons acting as copartners have entered into a contract of copartnership;

      30.  That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;

      31.  That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate;

      32.  That a thing once proved to exist continues as long as usual with things of that nature;

      33.  That the law has been obeyed;

      34.  That a document or writing more than thirty years old is genuine when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained;

      35.  That a printed and published book, purporting to be printed or published by public authority, was so printed or published;

      36.  That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases;

      37.  That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest;

      38.  The uninterrupted use by the public of land for a burial ground for five years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose;

      39.  That there was a good and sufficient consideration for a written contract;

      40.  When two persons perish in the same accident, calamity or disaster, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, survivorship is presumed from the probabilities resulting from the strength, age and sex, according to the following rules:

      First-If both of those who have perished were under the age of fifteen years, the older is presumed to have survived;

      Second-If both were above the age of sixty years, the younger is presumed to have survived;

      Third-If one be under fifteen years and the other above sixty years, the former is presumed to have survived;

      Fourth-If both be over fifteen years and under sixty years, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older is presumed to have survived;

 

 


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ê1931 Statutes of Nevada, Page 63 (CHAPTER 50, AB 30)ê

 

      Fifth-If one be under fifteen years, or over sixty years, and the other between those ages, the latter is presumed to have survived.

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

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

 

 

Repeal

In effect

 

________

 

CHAPTER 51, SB 38

[Senate Bill No. 38–Senator Burt]

 

Chap. 51–An Act to provide for the incorporation of domestic building and loan associations and companies and certain other domestic associations and companies, to provide for the licensing, examination and regulation of domestic and foreign building and loan associations and companies and certain other associations and companies, to prescribe penalties for violation of the provisions hereof, to create a fund for use in carrying out the administration of this act and to repeal certain acts and parts of acts.

 

[Approved March 4, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Building and loan associations and companies and joint-stock associations and companies and other associations and companies, except banks, trust companies, and brokers, whose principal and primary business is to borrow, loan and invest money, and companies and associations which issue membership shares or investment certificates, as hereinafter defined, may be incorporated under the provisions of this act, and for that purpose all of the provisions of an act entitled “An act providing a general corporation law,” approved March 21, 1925, as amended April 2, 1929, which provisions are not in conflict herewith, are hereby adopted as parts of this act, and all the rights, privileges and powers and all the duties and obligations of such domestic corporations and of the officers and stockholders thereof shall be as provided in said law except as in this act otherwise provided; provided, however, that the secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation shall have been approved by the state bank examiner, and no amendment to such articles of any such organization shall be filed by the secretary of state without the written approval thereof by the state bank examiner and all the rights, privileges and powers and all the duties and obligations of such corporations and of the officers and stockholders thereof shall be as provided in said general corporation laws except as in this act otherwise provided.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Building and loan companies may incorporate; bank examiner must approve


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ê1931 Statutes of Nevada, Page 64 (CHAPTER 51, SB 38)ê

 

 

Membership share or investment certificate defined

 

 

 

 

 

 

Provisions of act to govern

 

 

 

 

Must deposit $20,000 with state treasurer prior to operating in state

corporation laws except as in this act otherwise provided.

      Sec. 2.  A membership share or investment certificate, for the purposes of this act, shall be defined as any certificate or contract, either paid up or purchasable on an installment basis, which matures at a definite time or upon demand thereafter or which matures for a definite amount and which is issued for the purpose of providing a means of investment or savings or as a means of retiring an indebtedness and more than half of the proceeds from the sale of which are, or are intended to be, invested in or loaned upon real estate, real estate mortgages, real estate deeds of trust, or in bonds, shares or other securities which are principally based for their security or earnings upon real estate, or instruments secured by real estate.

      Sec. 3.  The powers, privileges, duties and restrictions conferred and imposed upon any such association, company or corporation whether foreign or domestic existing or doing business under the laws of this state are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this act, notwithstanding anything to the contrary in their respective articles of incorporation or charters.

      Sec. 4.  No such company, association or corporation heretofore or hereafter organized or created under the laws of this state or the laws of any other state, territory or possession of the United States or of the District of Columbia, or of any foreign country or government, shall commence or continue to do business in this state unless and 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 in bonds of the United States, or of a county or municipality or school district 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 this state which shall state that it has in its possession, subject to all of the provisions of this act relating to other deposits, first mortgages or first deeds of trust or both, assigned to it in trust for the carrying out of such provisions, and certified to it by such association, company or corporation to be of a value of at least the amount of any other form of deposit permitted by this act, such deposit with the state treasurer to constitute a guaranty fund for the protection and indemnity of residents of this state with whom such companies, associations or corporations shall do business; provided, however, 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 latest statement to the bank examiner, an amount equal to at least forty per cent of its liability to security holders who are residents of this state invested in first mortgages or first deeds of trust or both, on or to real property within this state and which association, company or corporation has not pledged any of its assets for the protection of any other security holders.


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ê1931 Statutes of Nevada, Page 65 (CHAPTER 51, SB 38)ê

 

who are residents of this state invested in first mortgages or first deeds of trust or both, on or to real property within this state and which association, company or corporation has not pledged any of its assets for the protection of any other security holders.

      Sec. 5.  The deposit as provided for in the next preceding section of this act shall be the minimum deposit, and whenever the total liability to Nevada investors of any such association, company or corporation which is not specifically exempted from the deposit provisions of this act shall exceed one hundred thousand dollars, an additional deposit of securities as enumerated in section four hereof shall be made with the state treasurer, in the same manner and for the same purposes, to the amount of at least twenty per cent of such excess over one hundred thousand dollars, and when any such association, company or corporation shall have pledged any of its assets for the benefit of any of its investors other than citizens of Nevada, the amount of the deposit with the state treasurer shall be at least such an amount as will bear the same ratio to its liability to Nevada investors as the amount of such other pledged assets bears to its liability to such other investors, and any such organization which has been organized under the laws of any state other than Nevada, under whose laws any such Nevada organization, in order to do business in that other state, would be required to pledge a larger amount of its assets for the benefit, only, of the citizens of such other state, then the deposit of such foreign organization shall not be less than the amount of assets that such a Nevada organization would be required to pledge if it desired to do business in such other state.

      Sec. 6.  No such deposit, except of cash, shall be valid for the purposes hereof until the same shall have been examined and approved by the state bank examiner and found by him to be of the required value and so assigned, if necessary, as to be readily convertible into cash, and the state treasurer shall have and is hereby given authority to convert the same or any part thereof into cash by sale to the highest or best bidder after a call for such bids shall have been published at least four times in some newspaper in this state, and having a general circulation therein, during a period of at least ten days prior to such sale and to disburse such cash or so much thereof as necessary towards the payment, equitably and proratably, of any approved claims as hereinafter provided.

      Sec. 7.  No part of the cash resulting from the conversion of such deposited securities shall be paid by the state treasurer to or for the benefit of any person or persons, natural or corporate, except the depositing association, company or corporation, as hereinafter provided, except to such person or persons who, being bona fide residents of this state, shall have received final judgment of a court of the State of Nevada, or of a federal court holden within said state, for at least the amount of such payment against such depositing association, company or corporation.

 

 

 

Additional deposit may be required

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State bank examiner to approve deposit

 

 

 

 

 

 

 

Who to receive benefits of deposit


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ê1931 Statutes of Nevada, Page 66 (CHAPTER 51, SB 38)ê

 

 

 

 

 

Deposit withdrawn, how and when

 

 

 

 

 

 

 

 

 

 

 

 

Securities of like value may be substituted

 

Deposits defined

 

 

 

Regulations regarding sale of securities

persons who, being bona fide residents of this state, shall have received final judgment of a court of the State of Nevada, or of a federal court holden within said state, for at least the amount of such payment against such depositing association, company or corporation.

      Sec. 8.  Whenever any such depositing association, company or corporation, not being at that time in the hands of a receiver, or of the state bank examiner, as hereinafter provided, and not being at that time sued in any court in this state for any amount or amounts aggregating more than five thousand dollars and having no unsatisfied judgment in favor of any resident of this state standing against it, who shall satisfy the state treasurer and the state bank examiner that its liability to residents of this state shall have been reduced, the said state treasurer shall return to such depositor such portion of such security as is in excess of twenty per cent of the remaining liability to such residents of this state but not such an amount as will reduce the security below twenty thousand dollars; provided, however, that whenever the said state treasurer and said state bank examiner shall be satisfied that all liabilities of such depositor to residents of this state have been satisfied for a period of two years, the said state treasurer shall refund to such depositor all of the remaining security or cash of said depositor remaining in the hands of said state treasurer.

      Sec. 9.  Any of the securities deposited with the state treasurer may be withdrawn at any reasonable time upon others of at least equal value and under similar restrictions and regulations and for the same purposes being substituted therefor.

      Sec. 10.  The securities deposited under the provisions of this act 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 except as their claims may be diminished by partial or total satisfaction resulting therefrom.

      Sec. 11.  No such foreign or domestic association, company or corporation shall be permitted to sell within this state any securities, including membership shares, investment certificates, bonds, debentures or contracts, except permanent capital stock, as distinguished therefrom, and except its permanent guaranty stock, which shall not by their terms and 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, and which shall not be redeemable in cash at any time after one (1) year from the date thereof, upon reasonable notice as determined by the state bank examiner, except as hereinafter provided, for an amount at least equal to the amount paid therefor, together with interest thereon at a rate of not less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists.


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ê1931 Statutes of Nevada, Page 67 (CHAPTER 51, SB 38)ê

 

therefor, together with interest thereon at a rate of not less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists.

      Sec. 12.  At no time, without the written consent of the state bank examiner, first obtained, shall any such foreign or domestic association, company or corporation apply in any one month to the payment of withdrawing investors and of matured certificates more than one-half of its receipts from all sources during the preceding calendar month, but withdrawals shall be paid in the order of their filing and no loans or investments shall be made, except by permission of the bank examiner, when any withdrawal request or order has remained on file and unpaid for a period of more than thirty days; provided, that any such request or order which is not legally payable for reasons other than the restrictions of this section shall not be considered as on file.

      No such organization shall make any loan to or allow any unearned withdrawal of cash to be made by any officer or director of said organization, or make any loan to any firm, company or corporation, of which any officer or director of such loaning organization is also an officer or director, without the written consent of the state bank examiner; provided, however, that if any association, company or corporation doing business in this state, under the provisions of this act, which is organized or incorporated under the laws of any governing body other than the State of Nevada, and the laws of such other governing body conflict with any of the provisions of this section of this act, the provisions of the laws of such other governing body shall prevail as to each such conflict; and provided further, that whenever any such foreign organization shall hereafter follow a course or perform any act which is forbidden to any domestic organizations under the terms of this section of this act, it shall report to the state bank examiner of this state all of the facts relating thereto.

      Sec. 13.  It shall be the duty of any such foreign or domestic association, company or corporation and of its secretary or manager to immediately notify the state bank examiner of its inability to pay any such withdrawal request or order which has been on file for a period of more than sixty days.

 

 

 

 

 

 

 

 

Payment of withdrawing investors and matured certificates

 

 

 

 

 

 

Bank examiner to approve certain loans

 

 

 

 

 

 

 

 

 

 

 

Notice must be given of inability to meet obligations


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ê1931 Statutes of Nevada, Page 68 (CHAPTER 51, SB 38)ê

 

Must procure license from bank examiner

 

 

 

 

 

 

 

 

 

 

 

 

 

License to be renewed annually

 

 

 

 

 

 

 

 

 

Agents must procure license

 

 

 

 

 

Fee for licenses

      Sec. 14.  No such foreign or domestic 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 receive from him a license authorizing the sale of such securities and approval of the forms of contracts 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 forms of securities and contracts to be sold and satisfied himself that the financial and moral standing of the company, association or corporation and of its officers is such that it is reasonably probable that it can and will perform its contracts. The bank examiner shall keep on file copies of all licenses issued by him and specimen copies of the contracts or securities authorized and approved by him.

      Sec. 15.  The license mentioned in section 14 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 remainder of the fiscal year ending on June thirtieth next succeeding and shall be renewable, under like restrictions, annually thereafter; 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 16 of this act; and provided further, that any license heretofore issued under the provisions of a previous act to any such organization which would have expired April 30, 1932, and any license for such purpose issued hereunder prior to June 30, 1931, shall continue in force, unless forfeited as herein provided, until June 30, 1932.

      Sec. 16.  No person shall, as agent, representative, or employee of any such foreign or domestic 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 satisfied the bank examiner as to his or her personal integrity.

      Sec. 17.  For the issuing of any license provided for in section 14 of this act and for any renewal thereof, the fee of said bank examiner shall be the sum of one hundred dollars, and for any license provided for in section 16 thereof and for any renewal thereof, the sum of two dollars.


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ê1931 Statutes of Nevada, Page 69 (CHAPTER 51, SB 38)ê

 

dollars, and for any license provided for in section 16 thereof and for any renewal thereof, the sum of two dollars. All sums so received by the bank examiner shall be forthwith delivered to the state treasurer and shall be apportioned as hereinafter provided.

      Sec. 18.  Any company, association or corporation that shall violate any provision of this act or fraudulently misrepresent the terms of any contract or 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 forfeiture and revocation of any and all licenses issued to it under the provisions of this act; and

      Any person who shall violate any provision of this act, or sell any such securities as the result of any fraudulent misrepresentation 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; and

      Any person selling or offering for sale within this state any such securities of any company, association or corporation which has not received the license provided for in section 14 of this act, or who shall not himself have secured the license provided for in section 16 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.

      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. 19.  Each officer and agent having the custody of money or securities of any such foreign or domestic association, company or corporation, and each salesman required to be licensed hereunder shall be required to give bond to such association or company in an amount commensurate with his liability.

      Sec. 20.  A borrower may repay a loan in advance of maturity, at any time after one year from the date thereof, by giving thirty days’ written notice of his intention. For such advance payment no penalty shall be charged which is in excess of the equivalent of three months’ additional interest on the amount so paid at the rate charged during the life of the loan.

 

 

 

 

Penalties for violation of act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain persons to give bond

 

 

Advance payment of loans


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ê1931 Statutes of Nevada, Page 70 (CHAPTER 51, SB 38)ê

 

Annual statement to be filed with bank examiner

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank examiner to administer provisions of act

      Sec. 21.  Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the state bank examiner, on or before the first day of March, a sworn statement, in two sections, as follows:

      (a) One section of such annual report shall contain in such form and detail as the bank examiner may prescribe, the following:

      1.  The amount of authorized capital by classes and the par value of each class of shares;

      2.  A statement of its assets and liabilities at the close of its last fiscal year;

      3.  Salaries paid each of its officers and to its manager if any, during its last fiscal year;

      4.  The total of its liability to Nevada investors at the close of its last fiscal year.

      5.  Any other facts which the bank examiner may require.

      This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization which shall cause it to be published at least four times in some newspaper in this state and having a general circulation therein, such publication to be completed on or before the first day of May, and proof thereof filed in the office of the state bank examiner.

      (b) One section of the annual report shall contain such other information as the bank examiner may require to be furnished therein. This section need not be published and shall be treated as confidential by the bank examiner.

      Each such foreign or domestic association, company or corporation shall cause to be supplied to the bank examiner at any time, upon his demand, any information which he may require as to its condition, affairs or methods.

      Sec. 22.  The state bank examiner shall have supervision of all such foreign and domestic associations, companies and corporations doing business in this state, and shall be charged with the administration of the provisions of this act and shall be authorized to make or cause to be made such examinations of the books and records, wherever they may be, and of the affairs of such organizations as he may deem expedient. In connection with the provisions of this section the bank examiner shall have full access to, and may compel, the production of all books, papers, moneys, securities and records of such organization and may administer oaths, and any willful false swearing shall be deemed perjury and shall be punishable as such. Whenever in connection with such examinations it shall be necessary or expedient that the bank examiner or his deputy or both shall leave this state, there shall be assessed against the organization under examination a fee of ten dollars per day for each such examiner and deputy while without this state in such connection, together with all actual and necessary expenses, and the fee so charged shall be remitted to the state bank examiner, who shall deliver the same to the state treasurer forthwith, and such fees shall be apportioned as hereinafter provided.


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ê1931 Statutes of Nevada, Page 71 (CHAPTER 51, SB 38)ê

 

examiner and deputy while without this state in such connection, together with all actual and necessary expenses, and the fee so charged shall be remitted to the state bank examiner, who shall deliver the same to the state treasurer forthwith, and such fees shall be apportioned as hereinafter provided.

      Sec. 23.  Whenever, in the opinion of the state bank examiner, any such association, company or corporation is conducting its business illegally, or is practicing deception upon its members, investors or the public, or is pursuing a course that is injurious to the interests of such members, investors or public, or if he is satisfied that its affairs are in an unsafe condition, or if it shall refuse to have its affairs examined as herein provided, or shall refuse to comply with any lawful order of the said bank examiner, or with any of the provisions of this act, he shall proceed as follows:

      (a) If such association, company or corporation shall be a foreign organization, the bank examiner shall revoke its license to do business in this state and refrain from issuing to it any further license until such conditions are remedied, and shall take any further steps for the protection of Nevada stockholders and creditors as the attorney-general may advise.

      (b) If such association, company or corporation shall be a domestic organization, the state bank examiner may forthwith take possession of the property and business of such organization and retain such possession until the affairs of such organization shall have been fully remedied or finally liquidated or until a receiver shall have been appointed by any court of competent jurisdiction holden in this state. No bank, corporation, firm or individual, knowing of such possession by the bank examiner shall have a lien or charge for any payment or advance thereafter made or liability thereafter incurred against any of the assets so taken possession of. Such organization may, with the consent of the bank examiner, resume business upon such conditions as he may require.

      Sec. 24.  Upon taking possession of the property and business of any such domestic organization, the examiner shall be authorized to collect moneys due to such organization and do such other acts as may be necessary to conserve its assets and business, and may proceed to liquidate the affairs thereof as hereinafter provided. The examiner shall collect all debts and claims and enforce all liabilities and rights of action accrued or belonging to such organization and may institute and prosecute all proper and necessary actions for that purpose, and may sell or compound all bad or doubtful debts and, upon order of any court of competent jurisdiction, holden within this state, may sell all of the assets of such organization upon such terms as such court may direct.

 

 

 

 

Power of bank examiner when company in unsafe condition, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of bank examiner upon taking possession of company


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

ê1931 Statutes of Nevada, Page 72 (CHAPTER 51, SB 38)ê

 

 

 

 

 

May demand bond of employees

 

Expenses to be paid out of assets

 

 

May declare dividends

 

 

 

 

May petition court for appointment of receivers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court may issue injunction

of the assets of such organization upon such terms as such court may direct. The examiner may employ such clerks and assistants and incur such proper and reasonable expenses as may be necessary in the preservation or liquidation of such business or assets.

      Sec. 25.  The examiner shall require from the clerks and assistants, if any, as provided for in section 24 hereof, such security for the faithful performance of their duties as he may deem proper.

      Sec. 26.  All of the expenses incurred under the provisions of sections 23, 24 and 25 of this act, except the salary of the bank examiner, shall be paid by the examiner out of the funds of such organization of whose assets and business the examiner shall have taken possession.

      Sec. 27.  At any time after sixty days following such taking possession, the bank examiner may, out of funds remaining in his hands after payment of expenses, declare one or more dividends, and after the expiration of one year from such taking possession he may declare a final dividend, such dividends to be paid to such persons and in such amounts as may be found to be correct.

      Sec. 28.  At any time after such lawful taking of possession of the business and assets of any such domestic association, company or corporation by the said bank examiner, he may, as temporary representative of all creditors and stockholders, by petition or bill of complaint setting forth such facts as to show the necessity therefor, apply to a district court of the judicial district in which the principal office in this state of such association, company or corporation is located for a writ of injunction and the appointment of a receiver or receivers, and said court, being satisfied by affidavit or otherwise of the sufficiency of said application, and of the truth of the allegations contained in the petition or bill, and upon hearing after such notice as said court by order may direct, shall proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties, and if upon such inquiry it shall appear to said court that such association, company or corporation is insolvent and that its affairs are in such condition or that any other circumstances of the case are such that further operation of such association, company or corporation or further liquidation of its affairs or the consummation of any plans for reorganization of such institution either under control of its officers and directors or of the said bank examiner, as such, would be greatly prejudicial to the interests of its creditors or stockholders or of the public, the court may issue an injunction to restrain the association, company or corporation and its officers and agents and the state bank examiner, as such, from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estates, moneys, funds, lands, tenements or effects, except to a receiver or receivers appointed by said court, until said court shall otherwise order.


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

ê1931 Statutes of Nevada, Page 73 (CHAPTER 51, SB 38)ê

 

debts or paying out, selling, assigning or transferring any of its estates, moneys, funds, lands, tenements or effects, except to a receiver or receivers appointed by said court, until said court shall otherwise order.

      Sec. 29.  Said district court, at the time of ordering such injunction, or at any time thereafter, may appoint a receiver or receivers for the creditors and stockholders, and in the appointment and naming thereof, in the absence of good cause to the contrary, said court shall give preferential consideration to the state bank examiner or to such person or persons as the said examiner may recommend to said court, either in the said petition or bill or at any time thereafter, but before such appointment is made and the rights, privileges, powers, duties, restrictions and obligations of said court, the receiver or receivers, and of the stockholders and creditors of such association, company or corporation shall thereafter be in all other respects the same as provided under the provisions of the general corporation law.

      Sec. 30.  All of the funds now in the hands of the state treasurer, which are the unexpended amounts heretofore collected as license fees from such foreign and domestic associations, companies and corporations and their salesmen and agents, and all fees and charges for expenses which shall be collected from such organizations, under the provisions of this act, shall be apportioned to a fund to be known as the building and loan fund and shall be used by the state bank examiner for carrying out provisions of this act; provided, however, that the expenditures of the state bank examiner under the provisions of this section shall not exceed the sum of one thousand dollars in any one fiscal year; and provided further, that whenever, at the close of any fiscal year, the moneys in such building and loan fund shall exceed the sum of one thousand dollars, the excess over one thousand dollars shall be transferred to the general fund of the state.

      Sec. 31.  Any person who shall knowingly make, utter, circulate or transmit to another, or others, any statement untrue in fact, derogatory to the financial condition of any such organization doing business in this state, with intent to injure any such organization, or who shall counsel, aid, procure or induce another to originate, make, utter, transmit or circulate any such statement or rumor, with like intent, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      Sec. 32.  Wherever, in this act, any of the words “certificates” or “contracts” or “securities” are used it shall be deemed to embrace all of such instruments as enumerated in section 1 hereof. Wherever the word “foreign” is used it shall be deemed to designate an association, company or corporation organized or incorporated under the laws of some government other than that of the State of Nevada.

 

 

 

Court may appoint bank examiner receiver

 

 

 

 

 

 

 

 

Disposition of license fees in office of state treasurer

 

 

 

 

 

 

 

 

 

Penalty for making false statement

 

 

 

 

 

 

Words and phrases defined


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

ê1931 Statutes of Nevada, Page 74 (CHAPTER 51, SB 38)ê

 

 

 

 

Certain acts repealed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

Each section to be construed separately

 

 

In effect

shall be deemed to designate an association, company or corporation organized or incorporated under the laws of some government other than that of the State of Nevada.

      Sec. 33.  The following acts are hereby repealed:

      “An act for the regulation of foreign building and loan societies doing business in the State of Nevada,” approved March 13, 1905.

      “An act providing for the incorporation of domestic building and loan associations, the licensing of foreign building and loan associations, the examination and regulation of all building and loan associations doing business in this state by the state bank examiner, and other matters properly connected therewith and repealing a certain act,” approved March 24, 1915.

      “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 January 29, 1929, over veto of governor.

      “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.

      Sec. 34.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 35.  Each section of this act, and every part of each section, is hereby declared to be independent of every other section and part of section, and the holding of a section or part of section to be void or ineffectual for any cause shall not be deemed to affect any other section or part of section.

      Sec. 36.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 75ê

CHAPTER 52, AB 116

[Assembly Bill No. 116–Mr. Tobin]

 

Chap. 52–An Act to amend section 6 of an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water, cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, and being section 8013 Nevada Compiled Laws 1929.

 

[Approved March 4, 1931]

 

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, being section 8013 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 6.  Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and may at least four weeks before any election appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable and shall be at their places of registration to receive applications for registration from 9 o’clock a. m. until 9 o’clock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: “I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of election to be posted

 

 

 

Officers of election to be appointed

 

 

 

 

Registration of electors


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

ê1931 Statutes of Nevada, Page 76 (CHAPTER 52, AB 116)ê

 

Oath of electors

 

 

 

 

 

 

 

Oath of representatives of corporation

 

 

 

 

Registration necessary for election

 

 

 

 

 

 

 

In effect

my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the .................... irrigation district, and such holding is for all purposes and not simply for this election or matters connected therewith.” The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: “I am over the age of twenty-one years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to at least five acres of land, as defined in the irrigation act, within the boundaries of the .................... irrigation district.” No election for any purpose except for organization shall be held in any irrigation district without such registration, and only electors duly registered shall be entitled to vote thereat; provided, however, that if an elector has voted at the last preceding district election, whether special or general, and is still eligible, he shall not be required to reregister in order to vote at the next succeeding election. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, or any officer authorized by law to administer oaths.

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

 

________

 

CHAPTER 53, AB 47

 

[Assembly Bill No. 47–Mr. Mulcahy]

 

Chap. 53–An Act to amend section 67 1/2 of chapter 6 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, and the acts amendatory thereof or supplemental thereto, and being section 5716 Nevada Compiled Laws 1929.

 

[Approved March 5, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 67 1/2 of the above-entitled act is hereby amended so as to read as follows:


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

ê1931 Statutes of Nevada, Page 77 (CHAPTER 53, AB 47)ê

 

      Section 67 1/2.  Notwithstanding the provisions of the last preceding section, no school site shall be purchased nor any schoolhouse erected or repaired at a greater expense than five thousand dollars unless the same is first authorized by a majority vote of the school district cast at a school election called and held as provided by the law governing school elections; provided, that in any school district having one thousand or more school children enrolled, as shown in the last preceding annual report of such school district, the school trustees thereof, without vote of the electors of the school district: (1) May purchase any school site that they may deem advantageous to the future use of the school district; or (2) when increase in school attendance in their judgment makes it necessary, they may add or erect not more than two schoolrooms in any one school year to any school building already existing in such school district, or upon any lot owned by such school district. For such purposes the trustees of any such district shall have the power to direct in any one year an additional tax not to exceed ten cents on the one hundred dollars of assessed valuation of such district; or they may pay the cost of such expenditures, either wholly or in part, from any funds to the credit of the school district not required for other purposes, and in such case only such part of the additional tax of ten cents on the one hundred dollars may be levied as the trustees may find necessary; or (3) may repair or rebuild any school building injured or destroyed by fire; provided, such building was insured for eighty per cent of its value when such fire occurred.

      Any funds accumulating to the credit of any school district in accordance with the provisions of this section may be placed on interest until needed by the school district, under such arrangements as are approved by the state board of finance.

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

No school improvement over $5,000 without popular election

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of surplus funds

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 78ê

CHAPTER 54, SB 53

 

 

 

 

 

 

 

 

 

 

 

 

 

$140,000 bond issue for White Pine County high school

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of bond

[Senate Bill No. 53–Senator Proctor]

 

Chap. 54–An Act to provide for enlarging and improving the White Pine County high school building and the equipment thereof, and for the construction and equipment of an additional county high school building or buildings for said White Pine County high school, and to provide for the issuance and payment of bonds for the creation of a fund to be used for said purposes.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of White Pine County, Nevada, for the purpose of creating a fund for enlarging and improving the presently existing White Pine County high school building and the equipment thereof, are hereby authorized and empowered to issue and sell, all at one time or from time to time in such lesser numbers as may in their judgment be required, negotiable coupon county high school improvement bonds of said county to an amount aggregating the principal sum of one hundred forty thousand dollars ($140,000). Said bonds shall be one hundred forty (140) in number, numbered consecutively from 1 to 140, both inclusive, of the denomination of one thousand dollars ($1,000) each. They shall bear interest from their date until paid at a rate not to exceed six per cent per annum, payable semiannually on the first days of January and July, respectively, in each year, and each semiannual installment of interest on each bond shall be evidenced by an appropriate coupon, so attached to said bond that it may be removed without injury to the said bond. Each of said bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer, and each bond shall be authenticated by having the seal of the county impressed thereon. Both the interest and the principal on said bonds shall be payable at a place to be designated in said bonds, in gold coin of the United States of America of or equal to the present standard of weight and fineness.

      Sec. 2.  Each of said bonds and each of the interest coupons to be attached thereto shall be substantially in the following forms, respectively, to wit:

 

(Form of Bond)

United States of America

State of Nevada, County of White Pine

COUNTY HIGH SCHOOL IMPROVEMENT BOND

 

      The county of White Pine, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay to the bearer hereof the principal sum of one thousand dollars, on the ............. day of ......................., 19........, with interest thereon from the date hereof until paid, at the rate of


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

ê1931 Statutes of Nevada, Page 79 (CHAPTER 54, SB 53)ê

 

interest thereon from the date hereof until paid, at the rate of .............. per centum per annum, such interest payable semiannually on the first days of January and July, respectively, in each year, as evidenced by and upon presentation and surrender of the interest coupons hereto attached as they severally become due; and both the interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at .......................... in the city of ....................., State of ....................., U. S. A., and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources, and all the taxable property of said county are hereby irrevocably pledged.

      This bond is one of a series of one hundred forty bonds of like tenor and amount issued by said county under and in compliance with the constitution of the State of Nevada and of an act of the legislature of said state, passed at its thirty-fifth session, entitled “An act to provide for enlarging and improving the White Pine County high school building and the equipment thereof, and for the construction and equipment of an additional county high school building or buildings for said White Pine County high school,” approved March ......., 1931, and all other laws and authority thereunto enabling.

      And it is hereby certified and warranted that said county is duly organized and existing under and by virtue of the constitution and laws of the State of Nevada, and that the board of county commissioners thereof is the duly constituted corporate authority of said county; that said county is duly authorized to issue this bond, and every other bond of this series, and that all conditions precedent to render the same valid and binding obligations of said county have been duly and strictly complied with and performed; that the total indebtedness of said county, including this bond and the other bonds of this series, does not exceed any constitutional or statutory limitation, and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county, in addition to all other taxes, sufficient to pay the interest accruing hereon, as the same falls due, and also to discharge the principal hereof at maturity.

      In Witness Whereof, The said board of county commissioners has caused this bond to be sealed with its seal, and, together with the interest coupons hereto attached, to be signed by its chairman and countersigned by the county treasurer of said county.

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

                                                         As Chairman of Board of County Commissioners.

                                                                         Countersigned by.........................................

        [Seal]                                                                                            County Treasurer.

Form of bond


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

ê1931 Statutes of Nevada, Page 80 (CHAPTER 54, SB 53)ê

 

Form of coupon

 

 

 

 

 

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Clerk to keep record

 

 

Commissioners to negotiate sale of bonds

 

 

 

 

Redemption of bonds

 

 

Order of redemption

 

 

“County High School Improvement Fund” created

(Form of Coupon)

No...........

      On .................................., 19......., the county of White Pine, State of Nevada, for value received, will pay to the bearer hereof the sum of ......................... dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at ..................., being ...... months interest then due on its county high school improvement bond No..........., dated................................., 19.........

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

                                                         As Chairman of Board of County Commissioners.

                                                                         Countersigned by.........................................

                                                                                                                 County Treasurer.

      Sec. 3.  The said board of county commissioners and said county treasurer shall cause the said bonds and coupons to be prepared in substantially the respective forms above set forth, and shall cause the same to be executed for and in behalf of said county in the manner aforesaid and, when so executed and sold, their legality shall not be open to contest by said county, or by any person or corporation for it or in its behalf, for any reason whatsoever.

      Sec. 4.  The clerk of the board of county commissioners shall keep a detailed and accurate record of all proceedings under the provisions of this act, which record must show the number and date of each bond and to whom issued.

      Sec. 5.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds, or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids, and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec. 6.  On the first day of January next after the issuance of any of said bonds, and annually thereafter, seven of said bonds, together with the interest thereon then due and payable, shall be paid and redeemed by said county treasurer.

      The payment and redemption of said bonds shall be in the order of their numbers, the lowest-numbered bond to be first paid and redeemed, then the next lowest, and so on until the whole amount of said bonds shall have been paid and redeemed.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and designated as “County High School Improvement Fund,” and to pay out said moneys in the manner now provided by law for the payment of money from the “County High School Fund” and only for the purposes provided in this act.


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

ê1931 Statutes of Nevada, Page 81 (CHAPTER 54, SB 53)ê

 

      Sec. 8.  The county board of education of White Pine County is hereby authorized and directed to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purposes hereinbefore stated, and any balance remaining in such fund after the completion of such enlargement, improvement, construction, and equipment shall be transferred to the appropriate fund provided for the maintenance of said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of county high schools.

      Sec. 9.  Said county board of education shall determine the character of the said enlargements and improvements and of said additional building or buildings, and the location thereof, so to be constructed; said board shall also determine the character of the materials to be used in the construction of such building or buildings and improvements, and the plans therefor. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the “County High School Fund.”

      Sec. 10.  The county treasurer of said White Pine County shall be liable on his official bond for the safe-keeping of the money which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and directed to levy and collect annually a special tax on all property, both real and personal, subject to taxation within the boundaries of said White Pine County, until such bonds, and the interest thereon, shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinbefore provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said county for each year for which said tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund, to be known as the “County High School Improvement Redemption Fund.”

      Sec. 12.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund for paying the contingent expenses of said county high school.

Board of education to disburse moneys

 

 

 

 

 

 

Powers and duties of board of education

 

 

 

 

 

 

 

 

County treasurer liable on official bond

 

 

Tax levied to create fund

 

 

 

 

 

 

 

 

 

 

Balance in fund to revert


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

ê1931 Statutes of Nevada, Page 82 (CHAPTER 54, SB 53)ê

 

 

 

 

County treasurer to redeem bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

 

 

In effect

this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund for paying the contingent expenses of said county high school.

      Sec. 13.  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 sum so paid.

      Sec. 14.  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 said bonds shall thereafter immediately cease.

      Sec. 15.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act specified.

      Sec. 16.  This act shall become effective from and after January 1, 1932.

 

________

 

CHAPTER 55, SB 50

 

 

 

 

 

 

 

 

 

 

 

 

Voter may have assistance in marking ballot

 

 

Repeal

[Senate Bill No. 50–Senator Coryell]

 

Chap. 55–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917, as amended.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 45 of the above-entitled act, being section 2483 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 45.  A voter who declares under oath that by reason of physical disability he is unable to mark his ballot shall, at his request, be permitted to receive the assistance in the marking of any elector he may designate, other than an election officer, but no person shall be permitted to go inside the guard rail as an assistant to more than one voter. Inability to read and write shall not constitute physical disability.

      Sec. 2.  All acts and parts of acts, in so far as they may conflict with the provisions of this act, are hereby repealed.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 83ê

CHAPTER 56, AB 59

[Assembly Bill No. 59–Mr. Moorman]

 

Chap. 56–An Act to amend section 5 of an act entitled “An act concerning estray live stock, excepting sheep, goats and asses; defining the same and providing for their taking up and disposition; defining the powers of the state board of stock commissioners in connection therewith; providing penalties for violations relating thereto; and repealing certain acts; and other matters properly relating thereto,” approved February 19, 1923.

 

[Approved March 9, 1931]

 

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, being section 3982 N. C. L., is hereby amended to read as follows:

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estrays advertised in newspaper, when

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 57, SB 34

[Senate Bill No. 34–Senator Getchell]

 

Chap. 57–An Act to amend section 2 of an act entitled “An act creating and defining certain duties and powers of the state bank examiner, authorizing him to fill certain positions, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 29, 1927.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being 729 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

 


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

ê1931 Statutes of Nevada, Page 84 (CHAPTER 57, SB 34)ê

 

Bank examiner may appoint assistants

 

 

 

 

 

 

 

In effect

      Section 2.  The state bank examiner may appoint a deputy, and when authorized by a resolution of the state board of finance so to do may appoint one additional deputy for such period as said resolution may authorize. Such deputy or deputies shall perform such duties as may be assigned to them by the said bank examiner. The deputy or deputies shall each receive a salary of $3,000 the year, payable in equal monthly installments, the same as other state officers are paid. The bank examiner may also appoint a clerk at a salary of $2,400 the year, and a stenographer to be compensated as provided by section 7562 Nevada Compiled Laws 1929, said salaries to be paid monthly the same as other state salaries are paid.

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

 

________

 

CHAPTER 58, AB 83

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Neat cattle must be inspected and stamped prior to sale

 

 

 

Purchaser must inspect carcass for stamp

[Assembly Bill No. 83–Mr. Moorman]

 

Chap. 58–An Act making it unlawful to sell the carcasses or part carcasses of neat cattle unless the hides thereof are inspected and such carcasses or part carcasses officially stamped as provided in this act; making certain exceptions thereto; providing for such inspection, providing compensation therefor, providing for the adoption and use of official stamps and record books, providing penalties for the violation of this act, repealing an act entitled “An act to provide for the inspection of hides, providing compensation therefor, and other matters relating thereto,” approved March 19, 1929, and other matters relating thereto.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Hereafter it shall be unlawful for any person or persons, except as hereinafter provided, to offer for sale or sell the carcass or part carcass of any neat cattle without first having 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 person authorized to conduct such inspections under the provisions of this act.

      Sec. 2.  Hereafter it shall be unlawful for any person or persons to buy the carcass or part carcass of any neat cattle in quantities of a quarter of a carcass, or more, unless such carcass, or part or parts thereof bears, from the personal observation of such person or persons, the inspection stamp provided for herein, or some equivalent stamp hereinafter provided.


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

ê1931 Statutes of Nevada, Page 85 (CHAPTER 58, AB 83)ê

 

      Sec. 3.  Any duly elected or appointed and qualified sheriff, deputy sheriff or constable, when authorized so to do by the state board of stock commissioners; or any special inspector appointed for that purpose by the state board of stock commissioners; or any regularly employed inspector of the state board of stock commissioners may make the inspections required by this act. Any person or persons making inspections under the provisions of this act shall be responsible for same as an individual directly to the state board of stock commissioners. Any person authorized or appointed to make inspections under the provisions of this act, except regularly employed inspectors of the state board of stock commissioners, shall be entitled to charge, collect and retain a fee of twenty-five cents ($0.25) for the inspection of each carcass or part carcass and the hide thereof so inspected.

      Sec. 4.  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 owner of the animal concerned as alleged by applicant for inspection, and from his own observation of the hide and carcass, or part carcass, the apparent age, sex and color of the animal concerned, and the marks and brands on the hide; provided, that inspection as provided for herein shall be refused in the case of any hide not branded, or bearing any brand or mark other than those of legal record in the name of the person or persons requesting inspection, unless such person or persons shall present to the inspecting officer satisfactory evidence of his, or her, or their right of possession.

      Sec. 5.  As evidence of inspection the inspecting officer shall, after satisfying himself that the hide and carcass, or part carcass presented, are from one and the same animal, remove one ear from the hide inspected, then 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. 6.  The state board of stock commissioners is hereby authorized and empowered to originate, secure, and issue to persons authorized by this act to conduct 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 said board will best furnish evidence of inspection as provided herein. Any stamps, supplies or inspection record books issued under the provisions of this act shall remain the property of the state board of stock commissioners and subject to recall or repossession by said board at any time.

Duties of officers; fees

 

 

 

 

 

 

 

 

 

 

Inspection book to be kept

 

 

 

 

 

 

 

 

Ear of animal to be retained as evidence of inspection

 

 

 

 

State board stock commissioners to supervise operation of act


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

ê1931 Statutes of Nevada, Page 86 (CHAPTER 58, AB 83)ê

 

 

 

Provisions of act not to apply in certain cases

 

 

 

 

 

 

 

 

Penalties for violation of act

 

 

 

 

Certain act repealed

 

 

 

In effect

subject to recall or repossession by said board at any time. Possession or use of such stamps, or copies thereof, except as authorized herein, shall be unlawful.

      Sec. 7.  The provisions of this act shall not apply to the sale or purchase of the carcasses or part carcasses 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; nor to the sale or purchase of the carcasses or part carcasses of neat cattle slaughtered and entering the channels of trade through any slaughtering establishment operating solely and entirely under any state, county, or municipal law or ordinance providing for ante- and post-mortem inspection of all neat cattle slaughtered in such establishment by an official state, county, or municipal inspector, and the adequate stamping for identification of the carcasses thereof.

      Sec. 8.  Any person who shall violate any of 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 misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) or by imprisonment for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment.

      Sec. 9.  All acts or parts of acts in conflict with the provisions of this act, and particularly that act of the legislature of the State of Nevada entitled “An act to provide for the inspection of hides, providing compensation therefor, and other matters relating thereto,” approved March 19, 1929, are hereby repealed.

      Sec. 10.  This act shall become effective on and after its passage and approval.

 

________

 

CHAPTER 59, AB 94

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Clark County

[Assembly Bill No. 94–Mr. Finney]

 

Chap. 59–An Act to regulate the fees of the county clerk of Clark County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county clerk of the county of Clark, State of Nevada, shall charge and collect fees as hereinafter set forth; 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 Clark or any city or town within the said county of Clark, or any officer thereof in his official capacity:


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

ê1931 Statutes of Nevada, Page 87 (CHAPTER 59, AB 94)ê

 

town within the said county of Clark, or any officer thereof in his official capacity:

      On commencement of any action or proceeding in the district court, or on an appeal thereto of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court or a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing such action or proceeding, or taking such appeal or transfer, seventeen dollars; said fee to be in addition to the court fee now provided by law.

      On the filing of a petition for letters testamentary, or of administration or guardianship, five dollars, to be paid by the petitioner; said fee to be in addition to the court fee now provided by law.

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

      On the filing of objection or cross-petition to the appointment of an executor, administrator, or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      For all services performed in an adoption case, five dollars, to be paid upon commencement of proceedings.

      On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars.

      On the filing of any paper in intervention, five dollars.

      The foregoing fees shall be in full for all services rendered by such clerk in the case for which such fees are paid, to and including the making up of the judgment roll; but not to include payment for typing, copying or certifying.

      The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

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

      For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing same, two dollars and fifty cents, which shall be in full for all services to be rendered in connection with said motion.

      For filing a notice of appeal, and appeal bond, each, fifty cents; and for any additional service connected with such appeal (not including copying or certifying), two dollars and fifty cents.

      For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage, two dollars and fifty cents.

      For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio.

Fees of county clerk of Clark County


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

ê1931 Statutes of Nevada, Page 88 (CHAPTER 59, AB 94)ê

 

Fees of county clerk of Clark County

and for recording judgment entered thereon, twenty cents per folio.

      For issuing transcript of judgment and certifying thereto, one dollar.

      For filing and docketing abstract of judgment of justice’s court, one dollar; and for issuing execution thereon, one dollar.

      For filing any paper in any case after judgment, not otherwise provided for, fifty cents.

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

      For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in any action or proceeding in court as otherwise specified in this act, twenty cents per folio.

      For certifying any copy of any record, proceeding, or paper on file in his office, fifty cents, and when such copy is made by him, per folio, fifteen cents.

      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 such copy with the original.

      For exemplifying copy, one dollar.

      For filing and indexing any paper pertaining to a corporation, copartnership, or bond company, one dollar.

      For filing and indexing certificate of fictitious name, one dollar, and for each name indexed in excess of four, twenty-five cents.

      For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity, fifty cents.

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

      For issuing any certificate under seal, not otherwise provided for, fifty cents.

      For taking any affidavit, except in criminal cases, fifty cents.

      For taking acknowledgment of any deed or other instrument, fifty cents, and when certificate is prepared by him, one dollar.

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

      For issuing marriage licenses, two dollars, one dollar to be paid to the county recorder.

      No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      Sec. 2.  Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of ten dollars to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which said fund is hereby created.


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

ê1931 Statutes of Nevada, Page 89 (CHAPTER 59, AB 94)ê

 

probate and guardianship proceedings, or on an appeal thereto or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of ten dollars to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which said fund is hereby created. All other fees collected by said clerk shall be paid into the county treasury of Clark County for the benefit of the general fund.

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

      Sec. 4.  This act shall take effect April 1, 1931.

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 60, AB 51

[Assembly Bill No. 51–Mr. Alward]

 

Chap. 60–An Act declaring the eleventh day of November, known as “Armistice Day,” a holiday.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The eleventh day of November of each and every year, known as “Armistice Day,” is hereby declared a holiday; all public offices of this state shall close on this day.

      Sec. 2.  If the eleventh day of November shall fall upon a Sunday, the Monday following shall be observed as a holiday.

 

 

 

 

 

 

 

 

 

 

“Armistice Day” declared holiday

 

________

 

CHAPTER 61, AB 56

[Assembly Bill No. 56–Mr. Dixon]

 

Chap. 61–An Act to amend an act entitled “An act to define legal notices and newspapers in which such notices may be legally published,” approved March 11, 1925.

 

[Approved March 9, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being section 4702 N. C. L., is hereby amended so as to read as follows:

      Section 3.  Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly or a weekly newspaper of general circulation and printed in whole or in part in the county in which such notice or advertisement is required to be published; which said newspaper if published triweekly, semiweekly or weekly, shall have been so published in such county, continuously and uninterruptedly,

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal notices to be published in certain papers only


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

ê1931 Statutes of Nevada, Page 90 (CHAPTER 61, AB 56)ê

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

Exception

 

 

 

 

Repeal

 

In effect

so published in such county, continuously and uninterruptedly, during the period of at least fifty-two consecutive weeks next prior to the first issue thereof containing any such notice or advertisement, and which said newspaper, if published daily, shall have been so published in such county, uninterruptedly and continuously, during the period of at least one year next prior to the first issue thereof containing any such notice or advertisement; provided, that the mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county, shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within such county as herein provided; provided further, that a newspaper shall not lose its rights as a legal publication if it should fail to publish one or more of its issues by reason of a strike, or for any good cause should suspend publication for a total period not exceeding thirty days in any calendar year; provided, that any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal if publication has been made in one issue of said publication and is resumed within a reasonable period; provided further, that if in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.

      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.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 91ê

CHAPTER 62, SB 92

[Senate Bill No. 92–Senator Getchell]

 

Chap. 62.–An Act providing for the improvement of the fire protection system of the town of Battle Mountain, Lander County, Nevada, authorizing the drilling of wells, laying of mains, purchase and installation of equipment therefor, providing for the appointment of a competent supervisor therefor, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 11, 1931]

 

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 Lander is authorized and directed to prepare, issue and sell negotiable coupon bonds of the town of Battle Mountain in said county for an amount not exceeding $25,000, exclusive of interest, for the purpose of providing funds for the acquisition of a fire protection system for the town of Battle Mountain. Said bonds shall be named “Town of Battle Mountain Fire Protection System Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of $500 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, acting as a town board, and countersigned by the clerk of 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 6 per centum 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 twenty years.

      Sec. 3.  The board of county commissioners of the county of Lander shall be entitled to have the advice of the expert engineer of the public service commission of Nevada, or his successor, who shall make a detailed estimate of the reasonable cost of said proposed system.

      Sec. 4.  The board of county commissioners, acting as aforesaid, 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 or all bids; provided, that no bond shall be sold for less than par value.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for fire protection system for Battle Mountain

 

 

 

Denomination of bonds; rate of interest

 

 

 

 

 

 

 

 

 

 

 

County commissioners may have expert advice

 

 

Commissioners to negotiate sale of bonds


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

ê1931 Statutes of Nevada, Page 92 (CHAPTER 62, SB 92)ê

 

 

 

 

Proceeds of sale paid to county treasurer; duties of

 

 

 

 

Tax levy to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

Tax levy to cease, when

 

County treasurer to redeem bonds

 

 

 

Interest ceases, when

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 or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 5.  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 “Town of Battle Mountain Fire Protection System Fund,” and who shall pay out the same for the acquisition, installment, 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 acting as a town board.

      Sec. 6.  To provide for the payment of the 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 town of Battle Mountain, 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 bond number one, and consecutively thereafter, at least two of said bonds annually, beginning with the first Monday in July, 1932, 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 “Town of Battle Mountain Fire Protection System Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and the interest thereon shall be a lien on all property subject to taxation within said town of Battle Mountain.

      Sec. 7.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease.

      Sec. 8.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.


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

ê1931 Statutes of Nevada, Page 93 (CHAPTER 62, SB 92)ê

 

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

      Sec. 9.  The county commissioners of said Lander County are hereby authorized and empowered to employ a competent person to act as supervisor in carrying out the provisions of this act, and they shall provide for his compensation to be paid out of the proceeds of the sale of bonds provided by this act.

      Sec. 10.  This act shall become effective from and after its passage and approval.

Faith of state pledged

 

 

 

County commissioners may appoint supervisor

 

 

In effect

 

________

 

CHAPTER 63, AB 100

[Assembly Bill No. 100–Mr. Alward]

 

Chap. 63–An Act to amend section 87 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, as amended, being section 9686 Nevada Compiled Laws 1929.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 87 of the above-entitled act, being section 9686 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 87.  For the purpose of making the appraisement, the court or judge shall appoint three disinterested persons who shall be entitled to a reasonable compensation for their services, to be allowed by the court. This compensation as allowed shall be in the form of a bill of items for their services, including all necessary disbursements, which shall be sworn to by them, and filed at the same time as the inventory. The compensation shall not exceed five dollars per day each, and may be paid out of the estate at any time. The inventory shall include all the estate of the deceased wherever situated; provided, that where any estate consists of money, deposits in banks, bonds, policies of life insurance or securities for money or evidence of indebtedness, when the same is equal in value to money, the court or judge shall not appoint appraisers, but shall record the value of the same in the minutes of the court.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Court to appoint appraisers

 

 

 

 

 

Exception

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 94ê

CHAPTER 64, SB 69

 

 

 

 

 

 

 

 

 

 

State libraries to receive Compiled Laws

 

Carriage to be paid

Twenty sets for use of legislature

 

 

Repeal

In effect

[Senate Bill No. 69–Senator Bush]

 

Chap. 64–An Act to dispose of certain sets of Nevada Compiled Laws 1929, now in the custody of the state librarian.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The state librarian is hereby authorized to send on exchange account one set (6 volumes) Nevada Compiled Laws 1929, to each of the state libraries of the United States of America.

      Sec. 2.  Each set to be delivered to said libraries free of charge and carriage paid.

      Sec. 3.  Twenty (20) sets are to be kept on hand at the Nevada state library in the custody of the state librarian for the use of the Nevada legislators while in legislative session. The sets taken out for this purpose to be returned to the state library as required in Statutes of Nevada 1931, chapter 2.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 65, SB 64

 

 

 

 

 

 

Preamble

[Senate Bill No. 64–Pershing County Delegation]

 

Chap. 65–An Act for the relief of Pershing County, Nevada.

 

[Approved March 11, 1931]

 

      Whereas, Through a misconception of the laws the treasurer of Pershing County remitted to the state treasurer on June 10, 1928, one thousand dollars ($1,000) and on June 12, 1929, one thousand dollars ($1,000); and

      Whereas, The state controller apportioned these amounts to the state permanent school fund; and

      Whereas, On June 10, 1930, the auditor of Pershing County made a request for the return of these funds, but the controller was advised by the attorney-general that he had no authority to draw a warrant on the state permanent school fund and that legislative action would be required; and

      Whereas, This bill 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 state controller is hereby directed to draw his warrant in favor of the treasurer of Pershing County on the state permanent school fund in the sum of two thousand dollars ($2,000) to reimburse Pershing County for the funds remitted to the state treasurer in error, and the state treasurer is directed to pay the same from the state permanent school fund.


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

ê1931 Statutes of Nevada, Page 95 (CHAPTER 65, SB 64)ê

 

County on the state permanent school fund in the sum of two thousand dollars ($2,000) to reimburse Pershing County for the funds remitted to the state treasurer in error, and the state treasurer is directed to pay the same from the state permanent school fund.

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

Pershing County to be reimbursed from permanent school fund

 

In effect

 

________

 

CHAPTER 66, AB 123

[Assembly Bill No. 123–Messrs. Malone and Mulcahy]

 

Chap. 66–An Act to amend section 19 of an act entitled “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 19, 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 the 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.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 19 of the above-entitled act is hereby amended to read as follows:

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

      First-To fix the place of its meetings, and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second-To make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter.

      Third-To levy and collect, annually, a tax of not to exceed one and one-half per cent upon the assessed value of all real and personal property within the limits of the city, and which is by law taxable for state and county purposes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Power of council

Meetings

 

To pass ordinances, etc.

 

 

 

 

Annual tax


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ê1931 Statutes of Nevada, Page 96 (CHAPTER 66, AB 123)ê

 

City property

 

 

In effect

      Fourth-To sell, lease, control, improve, and take care of the real and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.

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

 

________

 

CHAPTER 67, AB 122

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of trustees to operate public hospitals

 

 

 

 

 

 

County commissioners to levy annual tax at request of trustees

 

Operation of institutions pending collection of tax

 

Act not operative, when

 

In effect

[Assembly Bill No. 122–Washoe County Delegation]

 

Chap. 67–An Act providing for the supervision, management, government, control and maintenance of county hospitals, county isolation hospitals, county homes for the indigent sick, county workhouses for indigents, and county poor farms in each county where a tax has been or is hereafter authorized by the voters to establish and maintain a public hospital.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  In all counties where a tax for the establishment and maintenance of a public hospital has been authorized, or is hereafter authorized, by a majority of the voters voting for a bond issue in accordance with the statutes of the State of Nevada, the supervision, management, government and control of the county hospital, county isolation hospital, county home for the indigent sick, county workhouse for indigents, and county poor farm, shall vest in and be exercised by the board of trustees of the county public hospital, and said institution or institutions shall thereafter be operated by said board of trustees.

      Sec. 2.  The county commissioners shall, upon the request of the said board of trustees, annually levy such tax or taxes, in addition to the tax for the county public hospital, as the board of county commissioners may deem necessary for the maintenance and operation of the institution or institutions named in section 1.

      Sec. 3.  Pending the collection of taxes levied in accordance with the terms of section 2 hereof, the county commissioners shall pay for the maintenance and operation of the institution or institutions named in section 1 out of the moneys derived from taxes previously levied by them.

      Sec. 3 1/2.  Provided, nothing in this act shall be construed to apply to counties having a population of less than fifteen thousand inhabitants.

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

 

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ê1931 Statutes of Nevada, Page 97ê

CHAPTER 68, AB 70

[Assembly Bill No. 70–Mr. Bugbee]

 

Chap. 68–An Act to amend sections 32, 34 and 39 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, as amended, being sections 6440, 6442 and 6447 N. C. L. 1929.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 32 of the above-entitled act, being section 6440 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 32.  Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published, then by posting notices in three public and conspicuous places in the county, that taxes will be delinquent on the first Monday in December, and if any person charged with taxes which are a lien on real estate, according to existing law, shall fail to pay one-half of said taxes prior thereto, then the entire tax shall become due, and a penalty of ten (10%) per cent will be added to the amount thereof; and the tax receiver shall forward by mail a post card to each taxpayer, if the post-office address of such taxpayer is known to him, notifying him of the amount due.

      Sec. 2.  Section 34 of the above-entitled act, being section 6442 N. C. L. 1929, is hereby amended so as to read as follows:

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

      First-Roll number, page or reference;

      Second-Name of owner, if known;

      Third-Amount of taxes due, together with penalty; and shall file a copy of same, verified by oath of himself or deputy, in the office of the county auditor.

      A penalty of one (1%) per cent shall be added and collected by the tax receiver on all such delinquent property from the date of delinquency until paid, or if still unpaid on the first Monday in June next succeeding, such penalty of one (1%) per cent per month shall be added to the original tax, together with the penalty of ten (10%) per cent hereinbefore provided, and the same shall become a lien on the property so assessed; and the tax receiver shall immediately prepare a delinquent list which shall include this property, together with any property that may become delinquent on account of the failure to pay the second installment of taxes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice to taxpayers

 

 

 

 

 

 

 

 

 

 

 

Taxes delinquent, when

 

 

 

 

 

 

 

 

 

 

Penalty


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ê1931 Statutes of Nevada, Page 98 (CHAPTER 68, AB 70)ê

 

Penalty

 

 

 

 

 

 

 

Delinquent property advertised

 

 

 

 

 

 

 

 

Cost of publication

 

 

 

 

 

What notice to specify

of one (1%) per cent per month shall be added to the original tax, together with the penalty of ten (10%) per cent hereinbefore provided, and the same shall become a lien on the property so assessed; and the tax receiver shall immediately prepare a delinquent list which shall include this property, together with any property that may become delinquent on account of the failure to pay the second installment of taxes.

      Sec. 3.  Section 39 of the above-entitled act, being the second section so numbered 39 and appearing on page 1866 of volume 3 N. C. L. 1929, and further designated as section 6447 N. C. L. 1929, is hereby amended so as to read as follows:

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

      First-The name of the owner, if known.

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

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

      Fourth-That said property will be sold for all of said taxes, penalties and costs, specifying the time and place of said sale, and that such sale is subject to redemption within one year after the date of sale by payment of said taxes, penalties and costs, together with one (1%) per cent per month thereon from date of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution.


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ê1931 Statutes of Nevada, Page 99 (CHAPTER 68, AB 70)ê

 

such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution. Bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalties and costs.

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

      Sec. 5.  That section 9 of that certain act entitled “An act to amend sections 3, 19, 27, 32, 33, 34, 35, 36, 39, 42, 43, 44, 45, 47, 49, 51, 52, 53, 95, 96 and 97, and to repeal sections 48 and 65 of an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada and to repeal certain acts relating thereto,’ approved March 23, 1891,” as amended and approved March 28, 1927, the same being the first section numbered 39 under section 6447 on page 1865 of volume 3 Nevada Compiled Laws 1929, be and the same is hereby repealed.

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

 

 

 

 

Repeal

 

Certain act repealed

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 69, AB 72

[Assembly Bill No. 72–Mr. Mathews]

 

Chap. 69–An Act for the relief of Geo. W. Hanna.

 

[Approved March 11, 1931]

 

      Whereas, The records in the state land office clearly showed that the State of Nevada claimed title to the southeast quarter of northeast quarter of section 16, township 30 north, range 56 east, Mount Diablo base and meridian, containing 40 acres, under and by virtue of the sixteenth and thirty-sixth sections land grant made by the act of Congress approved March 21, 1864 (13 U. S. Stats. 32); and

      Whereas, The state land register accepted and filed an application for said land on August 6, 1907, and entered into a contract with the applicant to complete the purchase thereof under the laws providing for the sale of state lands, and thereafter accepted and certified twenty annual interest payments of $2.40 each on said contract, making a total of $48 interest paid thereon; and

      Whereas, The commissioner of the general land office, Washington, D. C., questioned the state’s claim to said land, and after due investigation thereof finally decided that the State of Nevada had no claim or title thereto, and further held that said tract was embraced in desert land entry No. 0544 filed October 1, 1907, which was later patented to the entryman; and

 

 

 

 

 

 

Relief of Geo. W. Hanna


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ê1931 Statutes of Nevada, Page 100 (CHAPTER 69, AB 72)ê

 

Relief of Geo. W. Hanna

 

 

 

 

 

 

 

 

 

 

Appropriation, $48

 

 

 

 

 

Duties of controller and treasurer

 

In effect

      Whereas, Geo. W. Hanna, assignee of the state’s applicant, filed a withdrawal of the application for said land on May 1, 1929, and withdrew the first payment of $10 from the state treasury, under the provisions of section 3200, 1912 Revised Laws, but as there is no law authorizing the withdrawal of interest payments on land contracts, therefore the sum of $48 is still due said George W. Hanna; and

      Whereas, The said claim of George W. Hanna has been submitted to the state board of examiners, acted upon and approved by a majority of said board; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The sum of forty-eight ($48) dollars is hereby appropriated out of the distributive school fund in the state treasury, not otherwise appropriated, to be paid to Geo. W. Hanna as a refund of the interest paid on the contract for the land described in the preamble hereto, and the state land register is hereby directed to make such notations on said contract as will show said interest as having been refunded by authority of this act.

      Sec. 2.  The state controller is hereby authorized to draw his warrant for the amount and in favor of the person specified herein, and the state treasurer is hereby directed to pay the same.

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

 

________

 

CHAPTER 70, SB 94

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 94–Senator Winters]

 

Chap. 70–An Act authorizing the secretary of state to correct the record of certain land patents in his office.

 

[Approved March 11, 1931]

 

      Whereas, The records in the state land office clearly and correctly show that patent No. 859 issued July 3, 1875, to Christopher Garvey for the east half of northeast quarter, and northeast quarter of southeast quarter, and west half of southeast quarter of section thirty-five, in township thirty-seven north, of range forty-nine east, and southwest quarter of northeast quarter, and lot two of northeast fractional quarter, and northwest quarter of southeast quarter of section two, in township thirty-six north, of range forty-nine east, Mount Diablo base and meridian, patent No. 2211, issued November 3, 1884, to Isaac C. Bateman for the east half of the southeast quarter of section thirty (30), and west half of the northwest quarter and west half of the southwest quarter of section thirty-two (32), township thirty-one (31) north, range forty-six (46) east, Mount Diablo base and meridian, and patent No. 2684 issued October 20, 1887, to L. A. Hawthorn for the northeast quarter of the northwest quarter and northwest quarter of the northeast quarter of section twenty-four (24), township eight (8) north, range twenty-nine (29) east, Mount Diablo base and meridian; and


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ê1931 Statutes of Nevada, Page 101 (CHAPTER 70, SB 94)ê

 

to L. A. Hawthorn for the northeast quarter of the northwest quarter and northwest quarter of the northeast quarter of section twenty-four (24), township eight (8) north, range twenty-nine (29) east, Mount Diablo base and meridian; and

      Whereas, Said patents were never recorded on the records of the county containing the lands described therein and it now appears that the originals thereof have been lost or destroyed; and

      Whereas, The record of said patents as found on page 276 in vol. 2, page 383 in vol. 4, and page 247 1/2 in vol. 5, record of land patents in the office of secretary of state, contains certain errors in the land descriptions which cannot be corrected without legal authority providing therefor; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The secretary of state is hereby authorized and directed to correct the record of the land descriptions in his office relative to patents Nos. 859, 2211, and 2684, so that said record will conform to the descriptions shown in the preamble to this act.

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Secretary of state to correct certain land patents

 

In effect

 

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CHAPTER 71, AB 28

[Assembly Bill No. 28–Mr. Kenny]

 

Chap. 71–An Act to amend section 165 of an act of the legislature of the State of Nevada entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 165 of an act of the legislature of the State of Nevada entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, being section 9765 of Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 165.  Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates; and all judgments quieting title to real property entered prior to February 7, 1921, in actions instituted and maintained by executors or administrators, shall have the same force and effect after the lapse of ten years from the entry thereof, unless sooner set aside, as judgments entered in like actions instituted and maintained by the heirs or devisees of their respective testators or intestates.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executors may sue and be sued


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ê1931 Statutes of Nevada, Page 102 (CHAPTER 71, AB 28)ê

 

 

 

 

 

In effect

administrators, shall have the same force and effect after the lapse of ten years from the entry thereof, unless sooner set aside, as judgments entered in like actions instituted and maintained by the heirs or devisees of their respective testators or intestates.

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

 

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CHAPTER 72, SB 55

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Electric light, heat and power franchise granted to L. Maestretti et al.

 

 

 

Rights of franchise

 

 

 

 

Construction must be commenced within thirty days

[Senate Bill No. 55–Senator Getchell]

 

Chap. 72–An Act granting a franchise to Lee Maestretti, his associates, his successors and assigns for the constructing, maintenance and operation of an electric light, heat and power plant and system in and about the town of Austin, county of Lander, State of Nevada, with a right to supply light, heat and power to the inhabitants thereof, giving and granting therefor a right of way in and upon and over the roads, streets and alleys of said town of Austin necessary to the enjoyment and operation of this franchise.

 

[Approved March 11, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The exclusive right to build, equip, maintain and operate an electric light, heat and power plant and business in and about the town of Austin, Lander County, Nevada, and to furnish heat, light and power to the inhabitants thereof, for the period of twenty-five years, is hereby granted to Lee Maestretti, his associates, successors and assigns; provided, that a cessation of operation for a period of one year shall automatically operate as a cancellation of the franchise hereby granted.

      Sec. 2.  The said Lee Maestretti, his associates, successors or assigns shall have the right under this franchise to erect, place and maintain a suitable plant, poles, wires and other accessories incident to and necessary for the operation of an electric light, heat and power plant system in and upon any and all of the streets, alleys or roads within and adjacent to the said town of Austin.

      Sec. 3.  The actual construction and equipment of said plant and any accessories necessary or incident thereto shall be commenced within thirty days after the granting of this franchise and shall be in operation for the furnishing and transmission of power, light and heat within six months thereafter; provided, that nothing herein contained shall interfere with the construction, maintenance or additional equipment or extension of said plant or any portion thereof at any time after six months from the beginning of construction.


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ê1931 Statutes of Nevada, Page 103 (CHAPTER 72, SB 55)ê

 

      Sec. 4.  Said Lee Maestretti, his associates, successors or assigns shall so construct, maintain and operate said plant and all of its extensions under such regulations and restrictions as may be required by the laws of this state governing unincorporated cities and towns; provided, that nothing in this section contained shall authorize the enactment by any board or other power controlling and regulating the affairs of unincorporated cities or towns in this state to make, pass or attempt to enforce any law, rule or regulation of a retroactive nature.

      Sec. 5.  This act shall become effective from and after its passage and approval.

Provisions of existing laws to govern

 

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CHAPTER 73, AB 85

[Assembly Bill No. 85–Mr. Kenny]

 

Chap. 73–An Act to make uniform the law relating to limited partnerships.

 

[Approved March 12, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Limited Partnership Defined.  A limited partnership is a partnership formed by two or more persons under the provisions of section 2, having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership.

      Sec. 2.  Formation.  (1) Two or more persons desiring to form a limited partnership shall

      (a) Sign and swear to a certificate, which shall state

      I.  The name of the partnership,

      II.  The character of the business,

      III.  The location of the principal place of business,

      IV.  The name and place of residence of each member; general and limited partners being respectively designated,

      V.  The term for which the partnership is to exist,

      VI.  The amount of cash and a description of and the agreed value of the other property contributed by each limited partner,

      VII.  The additional contributions, if any, agreed to be made by each limited partner and the times at which or events on the happening of which they shall be made,

      VIII.  The time, if agreed upon, when the contribution of each limited partner is to be returned,

      IX.  The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution,

 

 

 

 

 

 

 

 

 

Limited partnership defined

 

 

Formation


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ê1931 Statutes of Nevada, Page 104 (CHAPTER 73, AB 85)ê

 

Formation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business which may be carried on

 

Character of contribution

 

Name not to contain surname

 

 

 

 

 

 

Liability for false statements in certificate

      X.  The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution,

      XI.  The right, if given, of the partners to admit additional limited partners,

      XII.  The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority,

      XIII.  The right, if given, of the remaining general partner or partners to continue the business on the death, retirement or insanity of a general partner, and

      XIV.  The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution.

      (b) File the certificate for record in the office of the recorder of the county in which the principal place of business of the partnership is maintained, and file a certified copy of original for record in the office of the recorder of each other county in which the partnership maintains a place of business.

      (2) A limited partnership is formed if there has been substantial compliance in good faith with the requirements of paragraph (1).

      Sec. 3.  Business Which May Be Carried On.  A limited partnership may carry on any business which a partnership without limited partners may carry on, except banking or insurance.

      Sec. 4.  Character of Limited Partner’s Contribution.  The contributions of a limited partner may be cash or other property, but not services.

      Sec. 5.  A Name Not to Contain Surname of Limited Partner; Exceptions.  (1) The surname of a limited partner shall not appear in the partnership name, unless

      (a) It is also the surname of a general partner, or

      (b) Prior to the time when the limited partner became such the business had been carried on under a name in which his surname appeared.

      (2) A limited partner whose name appears in a partnership name contrary to the provisions of paragraph (1) is liable as a general partner to partnership creditors who extend credit to the partnership without actual knowledge that he is not a general partner.

      Sec. 6.  Liability for False Statements in Certificate.  If the certificate contains a false statement, one who suffers loss by reliance on such statement may hold liable any party to the certificate who knew the statement to be false,

      (a) At the time he signed the certificate, or

      (b) Subsequently, but within a sufficient time before the statement was relied upon to enable him to cancel or amend the certificate, or to file a petition for its cancellation or amendment as provided in section 25(3).


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ê1931 Statutes of Nevada, Page 105 (CHAPTER 73, AB 85)ê

 

the certificate, or to file a petition for its cancellation or amendment as provided in section 25(3).

      Sec. 7.  Limited Partner Not Liable To Creditors.  A limited partner shall not become liable as a general partner unless, in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business.

      Sec. 8.  Admission of Additional Limited Partners.  After the formation of a limited partnership, additional limited partners may be admitted upon filing an amendment to the original certificate in accordance with the requirements of section 25.

      Sec. 9.  Rights, Powers and Liabilities of a General Partner.  (1) A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners, except that without the written consent or ratification of the specific act by all the limited partners, a general partner or all of the general partners have no authority to

      (a) Do any act in contravention of the certificate,

      (b) Do any act which would make it impossible to carry on the ordinary business of the partnership,

      (c) Confess a judgment against the partnership,

      (d) Possess partnership property, or assign their rights in specific partnership property, for other than a partnership purpose,

      (e) Admit a person as a general partner,

      (f) Admit a person as a limited partner, unless the right so to do is given in the certificate,

      (g) Continue the business with partnership property on the death, retirement or insanity of a general partner, unless the right so to do is given in the certificate.

      Sec. 10.  Rights of a Limited Partner.  (1) A limited partner shall have the same rights as a general partner to

      (a) Have the partnership books kept at the principal place of business of the partnership, and at all times to inspect and copy any of them,

      (b) Have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever circumstances render it just and reasonable, and

      (c) Have dissolution and winding up by decree of court.

      (2) A limited partner shall have the right to receive a share of the profits or other compensation by way of income, and to the return of his contribution as provided in sections 15 and 16.

      Sec. 11.  Status of Person Erroneously Believing Himself a Limited Partner.  A person who has contributed to the capital of a business conducted by a person or partnership erroneously believing that he has become a limited partner in a limited partnership, is not, by reason of his exercise of the rights of a limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or partnership; provided, that on ascertaining the mistake he promptly renounces his interest in the profits of the business, or other compensation by way of income.

 

 

Not liable to creditors

 

 

Admission of additional limited partners

 

 

Rights, powers and liabilities of a general partner

 

 

 

 

 

 

 

 

 

 

 

 

 

Rights of a limited partner

 

 

 

 

 

 

 

 

 

Status of person erroneously believing himself a limited partner


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ê1931 Statutes of Nevada, Page 106 (CHAPTER 73, AB 85)ê

 

 

 

 

 

 

One person both general and limited partner

 

 

 

 

Loans and other business transactions with limited partner

 

 

 

 

 

 

 

 

 

Relation of limited partners inter se

 

 

 

 

Compensation of limited partner

in a limited partnership, is not, by reason of his exercise of the rights of a limited partner, a general partner with the person or in the partnership carrying on the business, or bound by the obligations of such person or partnership; provided, that on ascertaining the mistake he promptly renounces his interest in the profits of the business, or other compensation by way of income.

      Sec. 12.  One Person Both General and Limited Partner.  (1) A person may be a general partner and a limited partner in the same partnership at the same time.

      (2) A person who is a general, and also at the same time a limited partner, shall have all the rights and powers and be subject to all the restrictions of a general partner; except that, in respect to his contribution, he shall have the rights against the other members which he would have had if he were not also a general partner.

      Sec. 13.  Loans and Other Business Transactions with Limited Partner.  (1) A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. No limited partner shall in respect to any such claim

      (a) Receive or hold as collateral security any partnership property, or

      (b) Receive from a general partner or the partnership any payment, conveyance or release from liability if at the time the assets of the partnership are not sufficient to discharge partnership liabilities to persons not claiming as general or limited partners.

      (2) The receiving of collateral security, or a payment, conveyance, or release in violation of the provisions of paragraph (1) is a fraud on the creditors of the partnership.

      Sec. 14.  Relation of Limited Partners Inter Se.  Where there are several limited partners the members may agree that one or more of the limited partners shall have a priority over other limited partners as to the return of their contributions, as to their compensation by way of income, or as to any other matter. If such an agreement is made it shall be stated in the certificate, and in the absence of such a statement all the limited partners shall stand upon equal footing.

      Sec. 15.  Compensation of Limited Partner.  A limited partner may receive from the partnership the share of the profits or the compensation by way of income stipulated for in the certificate; provided, that after such payment is made, whether from the property of the partnership or that of a general partner, the partnership assets are in excess of all liabilities of the partnership except liabilities to limited partners on account of their contributions and to general partners.


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ê1931 Statutes of Nevada, Page 107 (CHAPTER 73, AB 85)ê

 

      Sec. 16.  Withdrawal or Reduction of Limited Partner’s Contribution.  (1) A limited partner shall not receive from a general partner or out of partnership property any part of his contribution until

      (a) All liabilities of the partnership, except liabilities to general partners and to limited partners on account of their contributions, have been paid or there remains property of the partnership sufficient to pay them.

      (b) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of paragraph (2), and

      (c) The certificate is canceled or so amended as to set forth the withdrawal or reduction.

      (2) Subject to the provisions of paragraph (1) a limited partner may rightfully demand the return of his contribution

      (a) On the dissolution of a partnership, or

      (b) When the date specified in the certificate for its return has arrived, or

      (c) After he has given six months’ notice in writing to all other members, if no time is specified in the certificate either for the return of the contribution or for the dissolution of the partnership.

      (3) In the absence of any statement in the certificate to the contrary or the consent of all members, a limited partner, irrespective of the nature of his contribution, has only the right to demand and receive cash in return for his contribution.

      (4) A limited partner may have the partnership dissolved and its affairs wound up when

      (a) He rightfully but unsuccessfully demands the return of his contribution, or

      (b) The other liabilities of the partnership have not been paid, or the partnership property is insufficient for their payment as required by paragraph (1a) and the limited partner would otherwise be entitled to the return of his contribution.

      Sec. 17.  Liability of Limited Partner to Partnership.  (1) A limited partner is liable to the partnership

      (a) For the difference between his contribution as actually made and that stated in the certificate as having been made, and

      (b) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate.

      (2) A limited partner holds as trustee for the partnership

      (a) Specific property stated in the certificate as contributed by him, but which was not contributed or which has been wrongfully returned, and

      (b) Money or other property wrongfully paid or conveyed to him on account of his contribution.

Withdrawal or reduction of limited partner’s contribution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability of limited partner to partnership


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

ê1931 Statutes of Nevada, Page 108 (CHAPTER 73, AB 85)ê

 

Liability to partnership

 

 

 

 

 

 

 

 

Nature of interest in partnership

Assignment of limited partner’s interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retirement, death or insanity of general partner

 

 

Death of limited partner

      (3) The liabilities of a limited partner as set forth in this section can be waived or compromised only by the consent of all members; but a waiver or compromise shall not affect the right of a creditor of a partnership, who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities.

      (4) When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return.

      Sec. 18.  Nature of Limited Partner’s Interest in Partnership.  A limited partner’s interest in the partnership is personal property.

      Sec. 19.  Assignment of Limited Partner’s Interest.  (1) A limited partner’s interest is assignable.

      (2) A substituted limited partner is a person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership.

      (3) An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled.

      (4) An assignee shall have the right to become a substituted limited partner if all the members (except the assignor) consent thereto or if the assignor, being thereunto empowered by the certificate, gives the assignee that right.

      (5) An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with section 25.

      (6) The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate.

      (7) The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under sections 6 and 17.

      Sec. 20.  Effect of Retirement, Death or Insanity of a General Partner.  The retirement, death or insanity of a general partner dissolves the partnership, unless the business is continued by the remaining general partners

      (a) Under a right so to do stated in the certificate, or

      (b) With the consent of all members.

      Sec. 21.  Death of Limited Partner.  (1) On the death of a limited partner his executor or administrator shall have all the rights of a limited partner for the purpose of settling his estate, and such power as the deceased had to constitute his assignee a substituted limited partner.


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

ê1931 Statutes of Nevada, Page 109 (CHAPTER 73, AB 85)ê

 

all the rights of a limited partner for the purpose of settling his estate, and such power as the deceased had to constitute his assignee a substituted limited partner.

      (2) The estate of a deceased limited partner shall be liable for all his liabilities as a limited partner.

      Sec. 22.  Rights of Creditors of Limited Partner.  (1) On due application to a court of competent jurisdiction by any creditor of a limited partner, the court may charge the interest of the indebted limited partner with payment of the unsatisfied amount of such claim; and may appoint a receiver, and make all other orders, directions, and inquiries which the circumstances of the case may require.

      (2) The interest may be redeemed with the separate property of any general partner, but may not be redeemed with partnership property.

      (3) The remedies conferred by paragraph (1) shall not be deemed exclusive of others which may exist.

      (4) Nothing in this act shall be held to deprive a limited partner of his statutory exemption.

      Sec. 23.  Distribution of Assets.  (1) In settling accounts after dissolution the liabilities of the partnership shall be entitled to payment in the following order:

      (a) Those to creditors, in the order of priority as provided by law, except those to limited partners on account of their contributions, and to general partners,

      (b) Those to limited partners in respect to their share of the profits and other compensation by way of income on their contributions,

      (c) Those to limited partners in respect to the capital of their contributions,

      (d) Those to general partners other than for capital and profits,

      (e) Those to general partners in respect to profits,

      (f) Those to general partners in respect to capital.

      (2) Subject to any statement in the certificate or to subsequent agreement, limited partners share in the partnership assets in respect to their claims for capital, and in respect to their claims for profits or for compensation by way of income on their contributions, respectively, in proportion to the respective amounts of such claims.

      Sec. 24.  When Certificate Shall Be Canceled or Amended.  (1) The certificate shall be canceled when the partnership is dissolved or all limited partners cease to be such.

      (2) A certificate shall be amended when

      (a) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner,

      (b) A person is substituted as a limited partner,

      (c) An additional limited partner is admitted,

      (d) A person is admitted as a general partner,

 

 

 

 

Rights of creditors of limited partner

 

 

 

 

 

 

 

 

 

Distribution of assets

 

 

 

 

 

 

 

 

 

 

 

 

 

When certificate shall be canceled or amended


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ê1931 Statutes of Nevada, Page 110 (CHAPTER 73, AB 85)ê

 

When certificate shall be canceled or amended

 

 

 

 

 

 

 

 

 

Requirements for amendment and for cancellation of certificate

      (e) A general partner retires, dies or becomes insane, and the business is continued under section 20,

      (f) There is a change in the character of the business of the partnership,

      (g) There is a false or erroneous statement in the certificate,

      (h) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution,

      (i) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, or

      (j) The members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement between them.

      Sec. 25.  Requirements for Amendment and for Cancellation of Certificate.  (1) The writing to amend a certificate shall

      (a) Conform to the requirements of section 2(1a) as far as necessary to set forth clearly the change in the certificate which it is desired to make, and

      (b) Be signed and sworn to by all members, and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner.

      (2) The writing to cancel a certificate shall be signed by all members.

      (3) A person desiring the cancellation or amendment of a certificate, if any person designated in paragraphs (1) and (2) as a person who must execute the writing refuses to do so, may petition any court of competent jurisdiction to direct a cancellation or amendment thereof.

      (4) If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the county recorder of the county where the original certificate is recorded to record the cancellation or amendment of the certificate; and where the certificate is to be amended, the court shall also cause to be filed for record in said office a certified copy of its decree setting forth the amendment; and if copies of certificate shall have been filed in other counties, the court may make similar orders to county recorders of other counties.

      (5) A certificate is amended or canceled when there is filed for record in the office or offices designated in section 2 where the certificate is recorded

      (a) A writing in accordance with the provisions of paragraph (1) or (2) or

      (b) A certified copy of the order of court in accordance with the provisions of paragraph (4).


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ê1931 Statutes of Nevada, Page 111 (CHAPTER 73, AB 85)ê

 

      (6) After the certificate is duly amended in accordance with this section, the amended certificate shall thereafter be for all purposes the certificate provided for by this act.

      Sec. 26.  Parties to Actions.  A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership, except where the object is to enforce a limited partner’s right against or liability to the partnership.

      Sec. 27.  Short Title.  This act may be cited as the uniform limited partnership act.

      Sec. 28.  Rules of Construction.  (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this act.

      (2) 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.

      (3) This act shall not be so construed as to impair the obligations of any contract existing when the act goes into effect, nor to affect any action or proceedings begun or right accrued before this act takes effect.

      Sec. 29.  Rules for Cases Not Provided for in This Act.  In any case not provided for in this act the rules of law and equity, including the law merchant, shall govern.

      Sec. 30.  Provisions for Existing Limited Partnerships.  (1) A limited partnership formed under any statute of this state prior to the adoption of this act, may become a limited partnership under this act by complying with the provisions of section 2; provided, the certificate sets forth

      (a) The amount of the original contribution of each limited partner, and the time when the contribution was made, and

      (b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.

      (2) A limited partnership formed under any statute of this state prior to the adoption of this act, until or unless it becomes a limited partnership under this act, shall continue to be governed by the provisions of “An act to authorize the formation of limited partnerships,” approved December 19, 1862, except that such partnership shall not be renewed unless so provided in the original agreement.

      Sec. 31.  Repeal.  Except as affecting existing limited partnerships to the extent set forth in section 30, “An act to authorize the formation of limited partnerships,” approved December 19, 1862, is hereby repealed.

      Sec. 32.  Time of Taking Effect.  This act shall take effect July 1, 1931.

 

 

 

Parties to actions

 

 

Short title

 

Rules of construction

 

 

 

 

 

 

Certain rules to govern

 

 

Provisions for existing limited partnerships

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

 

Time of taking effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 112ê

CHAPTER 74, AB 84

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of act

Definition of terms

 

 

 

 

 

 

 

Interpretation of knowledge and notice

 

 

 

 

 

 

 

 

Rules of construction

[Assembly Bill No. 84–Mr. Kenny]

 

Chap. 74–An Act to make uniform the law of partnerships.

 

[Approved March 12, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

PART I

 

Preliminary Provisions

 

      Section 1.  Name of Act.  This act may be cited as the uniform partnership act.

      Sec. 2.  Definition of Terms.  In this act, “Court” includes every court and judge having jurisdiction in the case.

      “Business” includes every trade, occupation, or profession.

      “Person” includes individuals, partnerships, corporations, and other associations.

      “Bankrupt” includes bankrupt under the federal bankruptcy act or insolvent under any state insolvent act.

      “Conveyance” includes every assignment, lease, mortgage, or encumbrance.

      “Real Property” includes land and any interest or estate in land.

      Sec. 3.  Interpretation of Knowledge and Notice.  (1) A person has “knowledge” of a fact within the meaning of this act not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.

      (2) A person has “notice” of a fact within the meaning of this act when the person who claims the benefit of the notice

      (a) States the fact to such person, or

      (b) Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.

      Sec. 4.  Rules of Construction.  (1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this act.

      (2) The law of estoppel shall apply under this act.

      (3) The law of agency shall apply under this act.

      (4) 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.

      (5) This act shall not be construed so as to impair the obligations of any contract existing when the act goes into effect, nor to affect any action or proceedings begun or right accrued before this act takes effect.


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ê1931 Statutes of Nevada, Page 113 (CHAPTER 74, AB 84)ê

 

      Sec. 5.  Rules for Cases Not Provided for in This Act.  In any case not provided for in this act the rules of law and equity, including the law merchant, shall govern.

 

PART II

 

Nature of a Partnership

 

      Sec. 6.  Partnership Defined.  (1) A partnership is an association of two or more persons to carry on as coowners a business for profit.

      (2) But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this act, unless such association would have been a partnership in this state prior to the adoption of this act; but this act shall apply to limited partnerships except in so far as the statutes relating to such partnerships are inconsistent herewith.

      Sec. 7.  Rules for Determining the Existence of a Partnership.  In determining whether a partnership exists, these rules shall apply:

      (1) Except as provided by section 16 persons who are not partners as to each other are not partners as to third persons.

      (2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such coowners do or do not share any profits made by the use of the property.

      (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived.

      (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:

      (a) As a debt by installments or otherwise,

      (b) As wages of an employee or rent to a landlord,

      (c) As an annuity to a widow or representative of a deceased partner,

      (d) As interest on a loan, though the amount of payment vary with the profits of the business,

      (e) As the consideration for the sale of a good will of a business or other property by installments or otherwise.

      Sec. 8.  Partnership Property.  (1) All property originally brought into the partnership stock or subsequently acquired by purchase or otherwise, on account of the partnership, is partnership property.

      (2) Unless the contrary intention appears, property acquired with partnership funds is partnership property.

Certain rules to govern

 

 

 

 

 

 

Partnership defined

 

 

 

 

 

 

Rules for determining existence of partnership

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Partnership property


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ê1931 Statutes of Nevada, Page 114 (CHAPTER 74, AB 84)ê

 

 

 

 

 

 

 

 

 

 

 

Partner agent of partnership as to partnership business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conveyance of real property of the partnership

acquired with partnership funds is partnership property.

      (3) Any estate in real property may be acquired in the partnership name. Title so acquired can be conveyed only in the partnership name.

      (4) A conveyance to a partnership in the partnership name, though without words of inheritance, passes the entire estate of the grantor unless a contrary intent appears.

 

PART III

 

Relations of Partners to Persons Dealing With the Partnership

 

      Sec. 9.  Partner Agent of Partnership as to Partnership Business.  (1) Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no authority.

      (2) An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authorized by the other partners.

      (3) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to:

      (a) Assign the partnership property in trust for creditors or on the assignee’s promise to pay the debts of the partnership,

      (b) Dispose of the good will of the business,

      (c) Do any other act which would make it impossible to carry on the ordinary business of a partnership,

      (d) Confess a judgment,

      (e) Submit a partnership claim or liability to arbitration or reference.

      (4) No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction.

      Sec. 10.  Conveyance of Real Property of the Partnership.  (1) Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner’s act binds the partnership under the provisions of paragraph (1) of section 9 or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.


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ê1931 Statutes of Nevada, Page 115 (CHAPTER 74, AB 84)ê

 

      (2) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph (1) of section 9.

      (3) Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners’ act does not bind the partnership under the provisions of paragraph (1) of section 9, unless the purchaser, or his assignee, is a holder for value without knowledge.

      (4) Where the title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph (1) of section 9.

      (5) Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.

      Sec. 11.  Partnership Bound by Admission of Partner.  An admission or representation made by any partner concerning partnership affairs within the scope of his authority as conferred by this act is evidence against the partnership.

      Sec. 12.  Partnership Charged With Knowledge of or Notice to Partner.  Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner, operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.

      Sec. 13.  Partnership Bound by Partner’s Wrongful Act.  Where by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.

      Sec. 14.  Partnership Bound by Partner’s Breach of Trust.  The partnership is bound to make good the loss:

      (a) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it; and

Conveyance of real property of the partnership

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Partnership bound by admission of partner

 

Partnership charged with knowledge of or notice to partner

 

 

 

Partnership bound by partner’s wrongful act

 

 

 

 

Partnership bound by partner’s breach of trust


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ê1931 Statutes of Nevada, Page 116 (CHAPTER 74, AB 84)ê

 

 

 

 

Nature of partner’s liability

 

 

 

Partner by estoppel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability of incoming partner

      (b) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership.

      Sec. 15.  Nature of Partner’s Liability.  All partners are liable

      (a) Jointly and severally for everything chargeable to the partnership under sections 13 and 14.

      (b) Jointly for all other debts and obligations of the partnership; but any partner may enter into a separate obligation to perform a partnership contract.

      Sec. 16.  Partner by Estoppel.  (1) When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.

      (a) When a partnership liability results, he is liable as though he were an actual member of the partnership.

      (b) When no partnership liability results, he is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.

      (2) When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation.

      Sec. 17.  Liability of Incoming Partner.  A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of partnership property.


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ê1931 Statutes of Nevada, Page 117 (CHAPTER 74, AB 84)ê

 

PART IV

 

Relations of Partners to One Another

 

      Sec. 18.  Rules Determining Rights and Duties of Partners.  The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules:

      (a) Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his share in the profits.

      (b) The partnership must indemnify every partner in respect of payments made and personal liabilities reasonably incurred by him in the ordinary and proper conduct of its business, or for the preservation of its business or property.

      (c) A partner, who in aid of the partnership makes any payment or advance beyond the amount of capital which he agreed to contribute, shall be paid interest from the date of the payment or advance.

      (d) A partner shall receive interest on the capital contributed by him only from the date when repayment should be made.

      (e) All partners have equal rights in the management and conduct of the partnership business.

      (f) No partner is entitled to remuneration for acting in the partnership business, except that a surviving partner is entitled to reasonable compensation for his services in winding up the partnership affairs.

      (g) No person can become a member of a partnership without the consent of all the partners.

      (h) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners; but no act in contravention of any agreement between the partners may be done rightfully without the consent of all the partners.

      Sec. 19.  Partnership Books.  The partnership books shall be kept, subject to any agreement between the partners, at the principal place of business of the partnership, and every partner shall at all times have access to and may inspect and copy any of them.

      Sec. 20.  Duty of Partners to Render Information.  Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.

 

 

 

 

Rules determining rights and duties of partners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Partnership books

 

 

 

Duty of partners to render information


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ê1931 Statutes of Nevada, Page 118 (CHAPTER 74, AB 84)ê

 

Partner accountable as a fiduciary

 

 

 

 

 

 

Right to an account

 

 

 

 

 

 

Continuation of partnership beyond fixed term

 

 

 

 

 

 

 

 

 

 

Extent of property rights of a partner

 

Nature of a partner’s right in specific partnership property

      Sec. 21.  Partner Accountable as a Fiduciary.  (1) Every partner must account to the partnership for any benefit, and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation, conduct, or liquidation of the partnership or from any use by him of its property.

      (2) This section applies also to the representatives of a deceased partner engaged in the liquidation of the affairs of the partnership as the personal representatives of the last surviving partner.

      Sec. 22.  Right to An Account.  Any partner shall have the right to a formal account as to partnership affairs:

      (a) If he is wrongfully excluded from the partnership business or possession of its property by his copartners,

      (b) If the right exists under the terms of any agreement,

      (c) As provided by section 21,

      (d) Whenever other circumstances render it just and reasonable.

      Sec. 23.  Continuation of Partnership Beyond Fixed Term.  (1) When a partnership for a fixed term or particular undertaking is continued after the termination of such term or particular undertaking without any express agreement, the rights and duties of the partners remain the same as they were at such termination, so far as is consistent with a partnership at will.

      (2) A continuation of the business by partners or such of them as habitually acted therein during the term, without any settlement or liquidation of the partnership affairs, is prima facie evidence of a continuation of the partnership.

 

PART V

 

Property Rights of a Partner

 

      Sec. 24.  Extent of Property Rights of a Partner.  The property rights of a partner are (1) his rights in specific partnership property, (2) his interest in the partnership, and (3) his right to participate in the management.

      Sec. 25.  Nature of a Partner’s Right in Specific Partnership Property.  (1) A partner is coowner with his partners of specific partnership property holding as a tenant in partnership.

      (2) The incidents of this tenancy are such that:

      (a) A partner, subject to the provisions of this act and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners.

      (b) A partner’s right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property.


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ê1931 Statutes of Nevada, Page 119 (CHAPTER 74, AB 84)ê

 

      (c) A partner’s right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws.

      (d) On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose.

      (e) A partner’s right in specific partnership property is not subject to dower, curtesy, or allowances to widows, heirs or next of kin.

      Sec. 26.  Nature of Partner’s Interest in the Partnership.  A partner’s interest in the partnership is his share of the profits and surplus, and the same is personal property.

      Sec. 27.  Assignment of Partner’s Interest.  (1) A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled.

      (2) In case of a dissolution of the partnership, the assignee is entitled to receive his assignor’s interest and may require an account from the date only of the last account agreed to by all the partners.

      Sec. 28.  Partner’s Interest Subject to Charging Order.  (1) On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.

      (2) The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution

Nature of a partner’s right in specific partnership property

 

 

 

 

 

 

 

 

Partner’s interest

 

 

Assignment of partner’s interest

 

 

 

 

 

 

 

 

 

Partner’s interest subject to charging order


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ê1931 Statutes of Nevada, Page 120 (CHAPTER 74, AB 84)ê

 

Partner’s interest subject to charging order

 

 

 

 

 

 

 

 

Dissolution defined

 

 

Partnership not terminated by dissolution

Causes of dissolution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dissolution by decree of court

court may be purchased without thereby causing a dissolution

      (a) With separate property, by any one or more of the partners, or,

      (b) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.

      (3) Nothing in this act shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.

 

PART VI

 

Dissolution and Winding Up

 

      Sec. 29.  Dissolution Defined.  The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business.

      Sec. 30.  Partnership Not Terminated by Dissolution.  On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed.

      Sec. 31.  Causes of Dissolution.  Dissolution is caused:

(1) Without violation of the agreement between the partners,

      (a) By the termination of the definite term or particular undertaking specified in the agreement,

      (b) By the express will of any partner when no definite term or particular undertaking is specified.

      (c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking.

      (d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners;

      (2) In contravention of the agreement between the partners, where the circumstances do not permit a dissolution under any other provision of this section, by the express will of any partner at any time;

      (3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership;

      (4) By the death of any partner;

      (5) By the bankruptcy of any partner or the partnership;

      (6) By decree of court under section 32.

      Sec. 32.  Dissolution by Decree of Court.  (1) On application by or for a partner the court shall decree a dissolution whenever:

      (a) A partner has been declared a lunatic in any judicial proceeding or is shown to be of unsound mind,


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ê1931 Statutes of Nevada, Page 121 (CHAPTER 74, AB 84)ê

 

      (b) A partner becomes in any other way incapable of performing his part of the partnership contract,

      (c) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business,

      (d) A partner willfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him,

      (e) The business of the partnership can only be carried on at a loss,

      (f) Other circumstances render a dissolution equitable.

      (2) On the application of the purchaser of a partner’s interest under sections 27 or 28:

      (a) After the termination of the specified term or particular undertaking,

      (b) At any time if the partnership was a partnership at will when the interest was assigned or when the charging order was issued.

      Sec. 33.  General Effect of Dissolution on Authority of Partner.  Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership,

      (1) With respect to the partners,

      (a) When the dissolution is not by the act, bankruptcy or death of a partner; or

      (b) When the dissolution is by such act, bankruptcy or death of a partner, in cases where section 34 so requires.

      (2) With respect to persons not partners, as declared in section 35.

      Sec. 34.  Right of Partner to Contribution from Copartners After Dissolution.  Where the dissolution is caused by the act, death or bankruptcy of a partner, each partner is liable to his copartners for his share of any liability created by any partner acting for the partnership as if the partnership had not been dissolved unless

      (a) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution, or

      (b) The dissolution being by the death or bankruptcy of a partner, the partner acting for the partnership had knowledge or notice of the death or bankruptcy.

      Sec. 35.  Power of Partner to Bind Partnership to Third Persons After Dissolution.  (1) After dissolution a partner can bind the partnership except as provided in paragraph (3)

      (a) By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution;

      (b) By any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction

Dissolution by decree of court

 

 

 

 

 

 

 

 

 

 

 

 

 

General effect of dissolution on authority of partner

 

 

 

 

 

 

 

Right of partner to contribution from copartners after dissolution

 

 

 

 

Power of partner to bind partnership to third persons after dissolution


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ê1931 Statutes of Nevada, Page 122 (CHAPTER 74, AB 84)ê

 

Power of partner to bind partnership to third persons after dissolution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effect of dissolution on partner’s existing liability

if dissolution had not taken place, provided the other party to the transaction

      (I) Had extended credit to the partnership prior to dissolution and had no knowledge or notice of the dissolution; or

      (II) Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on.

      (2) The liability of a partner under paragraph (1b) shall be satisfied out of partnership assets alone when such partner had been prior to dissolution:

      (a) Unknown as a partner to the person with whom the contract is made; and

      (b) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it.

      (3) The partnership is in no case bound by any act of a partner after dissolution

      (a) Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or

      (b) Where the partner has become bankrupt; or

      (c) Where the partner has no authority to wind up partnership affairs; except by a transaction with one who

      (I) Had extended credit to the partnership prior to dissolution and had no knowledge or notice of his want of authority; or

      (II) Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority has not been advertised in the manner provided for advertising the fact of dissolution in paragraph (1bII).

      (4) Nothing in this section shall affect the liability under section 16 of any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business.

      Sec. 36.  Effect of Dissolution on Partner’s Existing Liability.  (1) The dissolution of the partnership does not of itself discharge the existing liability of any partner.

      (2) A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business.


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ê1931 Statutes of Nevada, Page 123 (CHAPTER 74, AB 84)ê

 

      (3) Where a person agrees to assume the existing obligations of a dissolved partnership, the partners whose obligations have been assumed shall be discharged from any liability to any creditor of the partnership who, knowing of the agreement, consents to a material alteration in the nature or time of payment of such obligations.

      (4) The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner but subject to the prior payment of his separate debts.

      Sec. 37.  Right to Wind Up.  Unless otherwise agreed the partners who have not wrongfully dissolved the partnership, or the legal representative of the last surviving partner, not bankrupt, has the right to wind up the partnership affairs; provided, however, that any partner, his legal representative or his assignee, upon cause shown, may obtain winding up by the court.

      Sec. 38.  Rights of Partners to Application of Partnership Property.  (1) When dissolution is caused in any way, except in contravention of the partnership agreement, each partner as against his copartners and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. But if dissolution is caused by expulsion of a partner, bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities, either by payment or agreement under section 36(2), he shall receive in cash only the net amount due him from the partnership.

      (2) When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows:

      (a) Each partner who has not caused dissolution wrongfully shall have,

      (I) All the rights specified in paragraph (1) of this section, and

      (II) The right, as against each partner who has caused the dissolution wrongfully, to damages for breach of the agreement.

      (b) The partners who have caused the dissolution wrongfully, if they all desire to continue the business in the same name, either by themselves or jointly with others, may do so, during the agreed term for the partnership, and for that purpose may possess the partnership property; provided, they secure the payment by bond approved by the court, or pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution, less any damages recoverable under clause (2aII) of this section, and in like manner indemnify him against all present or future partnership liabilities.

 

 

 

 

 

 

 

Right to wind up

 

 

 

 

Rights of partners to application of partnership property


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ê1931 Statutes of Nevada, Page 124 (CHAPTER 74, AB 84)ê

 

Rights of partners to application of partnership property

 

 

 

 

 

 

 

 

 

 

Rights where partnership is dissolved for fraud or misrepresentation

(2aII) of this section, and in like manner indemnify him against all present or future partnership liabilities.

      (c) A partner who has caused the dissolution wrongfully shall have:

      (I) If the business is not continued under the provisions of paragraph (2b), all the rights of a partner under paragraph (1), subject to clause (2aII), of this section;

      (II) If the business is continued under paragraph (2b) of this section, the right as against his copartners and all claiming through them in respect of their interests in the partnership, to have the value of his interest in the partnership, less any damages caused to his copartners by the dissolution, ascertained and paid to him in cash, or the payment secured by bond approved by the court, and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner’s interest the value of the good will of the business shall not be considered.

      Sec. 39.  Rights Where Partnership Is Dissolved for Fraud or Misrepresentation.  Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled,

      (a) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; and

      (b) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and

      (c) To be indemnified by the person guilty of the fraud between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary:

      (a) The assets of the partnership are:

      (I) The partnership property,

      (II) The contributions of the partners necessary for the payment of all the liabilities specified in clause (b) of this paragraph.

      (b) The liabilities of the partnership shall rank in order of payment, as follows:

      (I) Those owing to creditors other than partners,

      (II) Those owing to partners other than for capital and profits,

      (III) Those owing to partners in respect to capital,

      (IV) Those owing to partners in respect to profits.

      (c) The assets shall be applied in the order of their declaration in clause (a) of this paragraph to the satisfaction of the liabilities.


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ê1931 Statutes of Nevada, Page 125 (CHAPTER 74, AB 84)ê

 

declaration in clause (a) of this paragraph to the satisfaction of the liabilities.

      (d) The partners shall contribute, as provided by section 18(a) the amount necessary to satisfy the liabilities; but if any, but not all, of the partners are insolvent, or, not being subject to process, refuse to contribute, the other partners shall contribute their share of the liabilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities.

      (e) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in clause (d) of this paragraph.

      (f) Any partner or his legal representatives shall have the right to enforce the contributions specified in clause (d) of this paragraph, to the extent of the amount which he has paid in excess of his share of the liability.

      (g) The individual property of a deceased partner shall be liable for the contributions specified in clause (d) of this paragraph.

      (h) When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors as heretofore.

      (i) Where a partner has become bankrupt or his estate is insolvent the claims against his separate property shall rank in the following order:

      (I) Those owing to separate creditors,

      (II) Those owing to partnership creditors,

      (III) Those owing to partners by way of contribution.

      Sec. 40.  Liability of Persons Continuing the Business in Certain Cases.  (1) When any new partner is admitted into an existing partnership, or when any partner retires and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs, creditors of the first or dissolved partnership are also creditors of the partnership so continuing the business.

      (2) When all but one partner retire and assign (or the representative of a deceased partner assigns) their rights in partnership property to the remaining partner, who continues the business without liquidation of partnership affairs, either alone or with others, creditors of the dissolved partnership are also creditors of the person or partnership so continuing the business.

      (3) When any partner retires or dies and the business of the dissolved partnership is continued as set forth in paragraphs (1) and (2) of this section, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property, rights of creditors of the dissolved partnership and of the creditors of the person or partnership continuing the business shall be as if such assignment had been made.

Rights where partnership is dissolved for fraud or misrepresentation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability of persons continuing the business in certain cases


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ê1931 Statutes of Nevada, Page 126 (CHAPTER 74, AB 84)ê

 

Liability of persons continuing the business in certain cases

the dissolved partnership is continued as set forth in paragraphs (1) and (2) of this section, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property, rights of creditors of the dissolved partnership and of the creditors of the person or partnership continuing the business shall be as if such assignment had been made.

      (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

      (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of section 38(2b), either alone or with others, and without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

      (6) When a partner is expelled and the remaining partners continue the business either alone or with others, without liquidation of the partnership affairs, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

      (7) The liability of a third person becoming a partner in the partnership continuing the business, under this section, to the creditors of the dissolved partnership shall be satisfied out of partnership property only.

      (8) When the business of a partnership after dissolution is continued under any conditions set forth in this section the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner’s interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property.

      (9) Nothing in this section shall be held to modify any right of creditors to set aside any assignment on the ground of fraud.

      (10) The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership.

      Sec. 41.  Rights of Retiring or Estate of Deceased Partners When the Business Is Continued.  When any partner retires or dies, and the business is continued under any of the conditions set forth in section 40 (1, 2, 3, 5, 6), or section 38(2b), without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided, that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this section, as provided by section 40 (8) of this act.


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ê1931 Statutes of Nevada, Page 127 (CHAPTER 74, AB 84)ê

 

retires or dies, and the business is continued under any of the conditions set forth in section 40 (1, 2, 3, 5, 6), or section 38(2b), without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided, that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this section, as provided by section 40 (8) of this act.

      Sec. 42.  Accrual of Actions.  The right to an account of his interest shall accrue to any partner, or his legal representative, as against the winding up partners or the surviving partners or the person or partnership continuing the business, at the date of dissolution, in the absence of any agreement to the contrary.

 

PART VII

 

Miscellaneous Provisions

 

      Sec. 43.  Repeal.  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

      Sec. 44.  Time of Taking Effect.  This act shall take effect July 1, 1931.

Rights of retiring or estate of deceased partners when the business is continued

 

 

 

 

 

 

Accrual of actions

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 75, AB 199

[Assembly Bill No. 199–Nye County Delegation]

 

Chap. 75–An Act to regulate and fix the fees of the county clerk of Nye County, Nevada, and to repeal all acts in conflict therewith.

 

[Approved March 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county clerk of Nye County and ex officio clerk of the Fifth judicial district court of the State of Nevada, in and for the county of Nye, shall charge and collect fees as follows:

      On 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, fifteen dollars;

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Nye County


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ê1931 Statutes of Nevada, Page 128 (CHAPTER 75, AB 199)ê

 

Fees of county clerk of Nye County

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

      For filing a complaint in intervention, five dollars;

      For filing of judgment or decree, three dollars;

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

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents; to be paid by the party moving for a new trial or to set aside judgment;

      For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents;

      For entering judgment by confession, five dollars;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, two dollars and fifty cents;

      For issuing execution or order of sale, one dollar and fifty cents; and for copying decree and return, twenty cents per folio;

      For services performed in an action appealed from a justice’s court, ten dollars;

      For services performed in an action transferred from the district court of another county, ten dollars;

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of copies, express charge or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, prepared by attorney, two dollars and fifty cents;

      For filing any paper in any case after judgment, not otherwise provided for, fifty cents;

      For issuing transcript of judgment, two dollars;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For services rendered in any proceeding had pursuant to section 9704 of Nevada Compiled Laws 1929, five dollars;

      For services in probate proceedings wherein a summary administration shall be ordered, fifteen dollars;

      For services in probate proceedings not had pursuant to section 9704 of Nevada Compiled Laws 1929, and wherein summary administration is not ordered, twenty-five dollars;


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ê1931 Statutes of Nevada, Page 129 (CHAPTER 75, AB 199)ê

 

      For services in guardianship proceedings, fifteen dollars;

      For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petitions to the appointment of any executor, administrator or guardian, five dollars;

      The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

      For 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, fifty cents each;

      For articles of incorporation, and amendments to articles, two dollars; and for certificate of acceptance and change of residence, one dollar;

      And for all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to, or charged by, the clerk for any services rendered in any criminal case or adoption matter.

      Sec. 2.  The foregoing fees shall include the fees provided for and known as “special court fees or docket fees” in sections 2961 and 2962 of Nevada Compiled Laws 1929.

      Sec. 3.  The clerk shall, on or before the fifth day of each and every month, pay to the county treasurer the amount of all fees collected by the said clerk during the next preceding month.

      Sec. 4.  This act is to apply on all undetermined cases now on file in said court.

      Sec. 5.  All fees to be paid at the time of filing of said instrument.

      Sec. 6.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 7.  This act shall take effect and be in force from and after its passage and approval.

Fees of county clerk of Nye County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain fees included

 

 

Clerk to pay fees to treasurer

 

Application of act

Fees, when paid

Repeal

In effect

 

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ê1931 Statutes of Nevada, Page 130ê

CHAPTER 76, SB 17

 

 

 

 

 

 

 

 

 

 

State real estate board to be notified

 

 

 

 

Powers of real estate board

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of change must be given

 

Board may make investigation

 

 

 

In effect

[Senate Bill No. 17–Senator Henderson]

 

Chap. 76–An Act concerning subdivisions of real property; giving certain powers to the state real estate board, and other matters properly connected therewith.

 

[Approved March 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Prior to the subdividing of any land for the purpose of sale, the owner, his agent, or subdivider shall notify the state real estate board in writing of his intention to sell such offering. Such notice of intention shall contain the following information: The name and address of the owner; name and address of subdivider; legal description and area of land; and such other information as the owner or subdivider may desire to present.

      After receiving such a statement the state real estate board may require such additional information concerning the project as it deems necessary, and for which purpose it shall be empowered to prepare a questionnaire for the owner, his agent, or subdivider to answer. The board shall be empowered to employ such expert and technical assistants as may be necessary to a proper examination of the project. The cost of such examination shall be borne by the owner or subdivider of the project on the basis of actual cost to the state real estate board. An initial fee of twenty-five dollars shall accompany the answered questionnaire. The additional cost shall not exceed the rate of fifteen cents (15¢) per acre if the project is situated in this state, nor more than twenty-five (25¢) cents per acre if the project is situated outside of this state, which cost shall be payable upon demand of the board. If the board decides to make an examination of the project, the board shall make a public report thereon and is hereby authorized to publish said report. Said fees shall not be a lien upon said land nor shall the failure to comply with the provisions of this section affect in any way the title to any of said land.

      It shall be unlawful for the owner or subdivider of the project, after it is submitted to the board, to materially change the set-up of such offering without first notifying the board in writing of such intended change.

      The state real estate board, upon its own initiative, may investigate any such lands being at the time of the adoption of this act, or thereafter, offered for sale, and may make public its findings thereon. It shall be unlawful for any owner, agent or subdivider to fail, neglect or refuse to give to said board any information concerning such lands requested by said board.

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

 

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ê1931 Statutes of Nevada, Page 131ê

CHAPTER 77, SB 98

[Senate Bill No. 98–Senator Heidtman]

 

Chap. 77–An Act giving a bank or trust company the option to refuse payment of a check or other demand instrument presented six months or more after its date.

 

[Approved March 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Where a check or draft against an account of a depositor payable on demand at any bank or trust company doing business in this state is presented for payment six months or more after its date, such bank or trust company may, unless expressly instructed by the drawer or maker to pay the same, refuse payment thereof and the bank shall not be liable to the drawer, maker, payee, holder or indorser for dishonoring the instrument by nonpayment.

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

 

 

 

 

 

 

 

 

 

 

Bank may refuse payment, when

 

 

 

 

In effect

 

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CHAPTER 78, SB 87

[Senate Bill No. 87–Senator Friedman]

 

Chap. 78–An Act to amend an act entitled “An act relative to payment of deposits in two names,” approved March 27, 1919, being section 743 Nevada Compiled Laws 1929.

 

[Approved March 18, 1931]

 

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.  When a deposit has been made, or shall hereafter be made by any person, in any bank, trust company or other depository transacting business in this state, in the name of such depositor and another person, and in form to be paid to either or the survivor of them, such deposit and any additions thereto, made by either of such persons, after the making thereof, shall become the property of such persons as joint tenants, and the same together with all dividends thereon shall be held for the exclusive use of such persons and may be paid to either during the lifetime of both or to the survivor after the death of one of them, and such payment and receipt or acquittance of the one to whom such payment is made shall be a valid and sufficient release and discharge to such bank, trust company or other depository for all payments made on account of such deposit, prior to the receipt by such bank, trust company or other depository of notice in writing not to pay such deposit in accordance with the terms thereof. The making of the deposit in such form shall, in the absence of fraud or undue influence, be conclusive evidence in any action or proceeding to which either such bank, trust company, or other depository, or the surviving depositor is a party, of the intention of both depositors to vest such deposit and the additions thereto in such survivor.

 

 

 

 

 

 

 

 

 

 

 

 

 

Deposits in two names; bank may pay to either party


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ê1931 Statutes of Nevada, Page 132 (CHAPTER 78, SB 87)ê

 

 

 

 

 

In effect

such form shall, in the absence of fraud or undue influence, be conclusive evidence in any action or proceeding to which either such bank, trust company, or other depository, or the surviving depositor is a party, of the intention of both depositors to vest such deposit and the additions thereto in such survivor.

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

 

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CHAPTER 79, AB 89

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of city council of Reno

[Assembly Bill No. 89–Mr. Frohlich]

 

Chap. 79–An Act to amend section 10e of article XII of an act entitled “An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” as amended by an act approved March 5, 1923.

 

[Became a law March 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 10e.  The city council, among other things, shall have power:

      First-To control, enlarge, or abolish cemeteries and to sell or lease lots therein, to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance, not to exceed one-half mile, from said city limits where any building, structure, or tract of land, to be used as or for the purpose of crematories, incinerators, mortuaries, mausoleums, columbarians or cemeteries may be located; and to provide for the issuance of burial or transit permits, and make a charge therefor.

      Second-To establish, lay out and change fire limits, and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits, and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Third-To provide by ordinance for supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every four years before the county clerk, as provided in the general law for municipal elections, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections.


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ê1931 Statutes of Nevada, Page 133 (CHAPTER 79, AB 89)ê

 

be had every four years before the county clerk, as provided in the general law for municipal elections, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections.

      Fourth-To provide and maintain a city prison, and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

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

      Sixth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light, and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

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

Powers and duties of city council of Reno

 

 

 

 

 

 

 

 

 

 

 

In