[Rev. 12/19/2019 5:50:04 PM]

Link to Page 154

 

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ê1931 Statutes of Nevada, Page 155 (CHAPTER 92, SB 107)ê

 

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  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      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.

 

 

Certain fees included

 

Duties of clerk

 

 

 

Repeal

In effect; prior law to govern in certain cases

 

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CHAPTER 93, SB 91

[Senate Bill No. 91–Senator Getchell]

 

Chap. 93–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended, and being sections 5330 and 5331 N. C. L. 1929.

 

[Approved March 18, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  A new section is hereby added to an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended and supplemented, such section to be numbered section 8c, and to read as follows:

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

      Route 26.  Beginning at a point on route 5 approximately 18 miles southeast of Las Vegas, thence along the shortest and most feasible route to Boulder City.

      Route 27.  Beginning at a point on route 3 near Steamboat Springs thence in a westerly direction by the shortest and most feasible route to a connection with the forest highway at or near Incline.

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

 

 

 

 

 

 

 

 

 

 

 

New section added

 

 

Additional routes provided

 

Route 26

 

Route 27

 

 

In effect

 

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ê1931 Statutes of Nevada, Page 156ê

CHAPTER 94, AB 215

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for school improvements at Ely

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of bonds

 

 

Legality of bonds not open to contest

[Assembly Bill No. 215–White Pine County Delegation]

 

Chap. 94–An Act to provide for the issuance and payment of bonds for the purpose of providing funds for the buildings, repairs, and alterations to school buildings in Ely school district, White Pine County, Nevada, and other matters connected therewith.

 

[Approved March 18, 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 providing funds for building additional rooms at the Murray street school, installing a heating plant therefor; providing and installing a heating plant and repair of toilets at the Central Ely school, and repairing and rearranging the buildings of the main school building, all in the city of Ely, White Pine County, Nevada, are hereby authorized and empowered to issue and sell, all at one time or from time to time in such lesser number as may in their judgment be required, negotiable coupon district school bonds of said district to an amount aggregating the principal sum of fifteen thousand ($15,000) dollars. Said bonds shall be twenty in number, numbered consecutively from one to twenty, both inclusive, of the denomination of seven hundred and fifty ($750) dollars each. They shall bear interest from their date until paid at the rate of not to exceed six per cent per annum, payable annually on the first day of January in each year, and each annual 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 such form as may be required by law and meet with the approval of the board of county commissioners.

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


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ê1931 Statutes of Nevada, Page 157 (CHAPTER 94, AB 215)ê

 

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 dates 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 by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interest of the district, and may reject any and all bids; provided, that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 6.  On the first day of July, 1932, and annually thereafter until an aggregate of twenty of such bonds shall have been redeemed, one of said bonds, together with the interest thereon then due and payable, shall be paid and redeemed by said county treasurer.

      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 “Ely Grade School Indebtedness Fund,” and to pay out said moneys in the manner now provided by law.

      Sec. 8.  The board of trustees of Ely grade school district 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 payment of such indebtedness shall be transferred to the appropriate fund provided for the maintenance of said school.

      Sec. 9.  All demands and bills contracted by said board of trustees in carrying out the provisions of this act shall be paid in the manner now provided by law.

      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 empowered to levy and collect annually a special tax on all property, both real and personal, subject to taxation within the boundaries of said Ely district, 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 district for each year for which said tax is hereby required to be levied.

 

Clerk to keep record

 

 

Commissioners to negotiate sale of bonds

 

 

 

 

 

 

Redemption of bonds

 

 

Proceeds of sale to go into fund

 

 

Board of trustees to disburse fund

 

 

 

Payment of claims

 

County treasurer liable on official bond

 

 

Tax levy to create fund


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ê1931 Statutes of Nevada, Page 158 (CHAPTER 94, AB 215)ê

 

 

 

 

 

 

 

 

Tax to cease; disposition of balance in fund

 

County treasurer to redeem bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

 

 

In effect

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 district 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 “Ely Grade School Indebtedness 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 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 its passage and approval.

 

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ê1931 Statutes of Nevada, Page 159ê

CHAPTER 95, AB 45

[Assembly Bill No. 45–Mr. Dunseath]

 

Chap. 95–An Act to amend sections 77 and 85 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, being sections 8576 and 8583 Nevada Compiled Laws 1929.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 77 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, is hereby amended so as to read as follows:

      Section 77.  The time in which the summons shall require the defendant to answer the complaint shall be as follows:

      1.  If the defendant is served within the county in which the action is brought, ten days.

      2.  If the defendant is served out of the county, but in the district in which the action is brought, twenty days.

      3.  In all other cases, thirty days.

      Sec. 2.  Section 85 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, is hereby amended so as to read as follows:

      Section 85.  The order shall direct the publication to be made in a newspaper, to be designated by the court or judge thereof, for a period of four weeks, and at least once a week during said time. In case of publication, where the residence of a nonresident or absent defendant is known, the court or judge shall also direct a copy of the summons and complaint to be deposited in the post office, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the state, shall be equivalent to completed service by publication and deposit in the post office, and the person so served shall have thirty days after said service to appear and answer or demur. The service of summons shall be deemed complete in cases of publication at the expiration of four weeks from the first publication, and in cases when a deposit of a copy of the summons and complaint in the post office is also required, at the expiration of four weeks from such deposit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time allowed for answer to complaint

 

 

 

 

 

 

 

 

Publication of service

 

 

 

 

 

 

 

When service complete

 

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ê1931 Statutes of Nevada, Page 160ê

CHAPTER 96, AB 63

 

 

 

 

 

 

 

 

 

 

 

 

 

Justifiable homicide

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 63–Mr. FitzGerald]

 

Chap. 96–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and the acts amendatory thereof or supplemental thereto.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 133 of the above-entitled act, as amended, being section 10080 of the Nevada Compiled Laws, is hereby amended so as to read as follows:

      Section 133.  Homicide is also justifiable when committed either-

      1.  In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

      2.  In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

      3.  By any person, when committed upon the person of another who is engaged in the commission of a felony or an attempted felony, or who after the commission or attempted commission of any such felony, is fleeing from the premises or resisting lawful pursuit and arrest, within twenty miles of the premises where such felony was committed or attempted to be committed.

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

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

 

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ê1931 Statutes of Nevada, Page 161ê

CHAPTER 97, AB 137

[Assembly Bill No. 137–Mr. Walts]

 

Chap. 97–An Act to amend section 1 of an act entitled “An act proposing a legislative substitute for ‘An act affecting divorce and matters properly connected therewith, providing for interlocutory decrees of divorce in certain cases, and eliminating what are commonly known as short-term decrees in divorce cases, and repealing section 22 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended, and all other acts or parts of acts in conflict herewith,’ presented to this legislature by the secretary of state upon initiative petition under section 3 of article 19 of the constitution, and to provide for the submission of a legislative substitute by the secretary of state of the qualified electors for approval or rejection at the next general election,” approved March 28, 1921, enacted pursuant to direct vote of the people, general election, November 7, 1922; as amended March 18, 1927; and being section 9460 Nevada Compiled Laws 1929.

 

[Approved March 19, 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.  The legislature of the State of Nevada, with the approval of the governor, proposes as a legislative substitute for “An act affecting divorce and matters properly connected therewith, providing for interlocutory decrees of divorce in certain cases and eliminating what are commonly known as short-term decrees in divorce cases, and repealing section 22 of an act entitled ‘An act relating to marriage and divorce,’ approved November 28, 1861, as amended, and all other acts or parts of acts in conflict herewith,” that section 22 of “An act relating to marriage and divorce,” approved November 28, 1861, as amended and approved February 23, 1915, be amended to read as follows:

      Section 22.  Divorce from the bonds of matrimony may be obtained by complaint, under oath, to the district court of any county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, or in which the parties last cohabited, or if plaintiff shall have resided six weeks in the state before suit be brought, for the following causes, or any other causes provided by law:

      First-Impotency at the time of the marriage continuing to the time of the divorce.

      Second-Adultery since the marriage, remaining unforgiven.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed substitute offered by legislature of 1921

 

 

 

 

 

 

 

 

Six weeks residence

 

 

 

Causes for divorce


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ê1931 Statutes of Nevada, Page 162 (CHAPTER 97, AB 137)ê

 

Causes for divorce

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

      Third-Willful desertion, at any time, of either party by the other, for the period of one year.

      Fourth-Conviction of felony or infamous crime.

      Fifth-Habitual gross drunkenness contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.

      Sixth-Extreme cruelty in either party.

      Seventh-Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.

      Eighth-Insanity existing for two years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the plaintiff in such action shall give bond therefor in an amount to be fixed by the court. Unless the cause of action shall have accrued within the county while plaintiff and defendant were actually domiciled therein, no court shall have jurisdiction to grant a divorce unless either the plaintiff or defendant shall have been resident of the state for a period of not less than six weeks preceding the commencement of the action. The complaint in such suit may state the grounds for divorce in the words of the statute, but either party may demand a bill of particulars as in other civil cases. The judgment or decree of divorce granted under the provisions of this act shall be a final decree.

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

      Sec. 3.  This act shall be in full force and effect from and after May 1, 1931.

 

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CHAPTER 98, SB 105

 

 

 

 

 

 

 

 

 

 

 

Fees of county clerk of Lyon County

[Senate Bill No. 105–Senator Friedhoff]

 

Chap. 98–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Lyon 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 March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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


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ê1931 Statutes of Nevada, Page 163 (CHAPTER 98, SB 105)ê

 

      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, seven dollars and fifty cents; for every additional defendant appearing separately, five dollars;

      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, fifteen dollars;

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

Fees of county clerk of Lyon County


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ê1931 Statutes of Nevada, Page 164 (CHAPTER 98, SB 105)ê

 

Fees of county clerk of Lyon 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

      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, ten 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, one dollar;

      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, 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.

      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 same time such action or proceeding was commenced shall be charged and collected until the termination thereof.

 

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ê1931 Statutes of Nevada, Page 165ê

CHAPTER 99, AB 98

[Assembly Bill No. 98–Mr. Tobin]

 

Chap. 99–An Act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under license; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act, it shall be unlawful for any person, firm, association or corporation, either as owner, lessee, or employee, whether for hire or not, to deal, operate, carry on, conduct, maintain, or expose for play, in the State of Nevada, any game of faro, monte, roulette, keno, fan-tan, twenty-one, black jack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker, or any banking or percentage game played with cards, dice, or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game in which any person, firm, association or corporation keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the said game to be carried on; or to play, maintain, or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first procured a license for the same as hereinafter provided; and provided further, that no alien, or any person except a citizen of the United States, shall be issued a license, or shall directly or indirectly own, operate or control any game or device so licensed.

      Sec. 2.  Any person, firm, association or corporation desiring to conduct, operate, or carry on any gambling game, slot machine, or any game of chance enumerated or provided for in section one of this act shall, upon proper application to the sheriff of the county wherein it is proposed that such slot machine, game or games shall be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:

      First-The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License must be secured

 

 

 

 

 

 

 

 

 

 

 

 

 

No license to alien

 

Manner of procuring license

 

 

 

 

 

Description of premises


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ê1931 Statutes of Nevada, Page 166 (CHAPTER 99, AB 98)ê

 

 

 

 

Game to be specified

 

 

 

Fee for license

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County auditor to prepare and issue license; what to contain

 

 

 

 

 

License not transferable

game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized;

      Second-The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine, or the particular game or device which the licensee desires to carry on or conduct in said room and premises; and as so stated the same shall be specifically described in and entered upon said license.

      Third-Card games, that is, stud and draw poker, bridge, whist, solo and pangingue for money shall be licensed independent of other games mentioned in this bill, regardless of locality or population, at the rate of $25 per table per month, payable three months in advance. A license fee of fifty ($50) dollars per month, payable for three months in advance, shall be paid to the sheriff for each game or device license issued excepting those games as otherwise provided for herein and except slot machines, and for each money slot machine ten dollars ($10) per month, payable for three months in advance, for each handle on said money slot machine. Said license shall entitle the holder or holders, or his or their employee or employees, to carry on, conduct, and operate the specific slot machine, game or device for which said license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of three (3) months next succeeding the date of issuance of said license; provided, that the licensee shall be entitled to carry on, conduct and operate two or more slot machines, games or devices mentioned in section one of this act, in the same room, by paying the license herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.

      Sec. 3.  Licenses shall be prepared by the county auditor and shall be issued and accounted for as is by law provided in respect to other county licenses. Each license issued or delivered by the sheriff under this act to any person, firm, association or corporation shall contain the name of the licensee, and a particular description of the particular room and premises in which the licensee intends to carry on, conduct, or operate any one slot machine, game or device mentioned in section one of this act, and shall specify the particular type of slot machine, or the particular game, or the particular device, by name; any license issued under the provisions of this act shall not be transferable by the licensee to any other person, firm, association or corporation, and shall be valid only for the particular room and premises described therein, and the specified slot machine, game or device for which it is issued.


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ê1931 Statutes of Nevada, Page 167 (CHAPTER 99, AB 98)ê

 

premises described therein, and the specified slot machine, game or device for which it is issued. No license money paid under this act shall be refunded, whether the slot machine, game or device for which any license was issued has voluntarily ceased or has been revoked under the provisions of this act herein provided, or for any other reason.

      Sec. 4.  On the first Monday of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses; it is hereby made the duty of the sheriff in his county to demand that all persons, firms, associations and corporations required to procure licenses in accordance with this act take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.

      Sec. 5.  All moneys received for licenses under the provisions of this act shall be paid, twenty-five (25%) per cent to the state treasurer for general state purposes, and seventy-five (75%) per cent to the county treasurer of the county wherein the same is collected for general county purposes; provided, where the license is collected within the boundaries of any incorporated city or town the county shall retain twenty-five (25%) per cent of said moneys, and the incorporated city or town shall receive fifty (50%) per cent of said moneys so collected, and the same shall be paid into the treasury of such incorporated city or town for general purposes; provided further, where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of an act entitled “An act providing for the government of the towns and cities of this state,” approved February 26, 1881, the county shall retain twenty-five (25%) per cent of said moneys, and fifty (50%) per cent of said moneys so collected shall be placed in the town government fund for general use and benefits of such unincorporated city or town.

      Sec. 6.  It shall be unlawful to conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device, or to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice, or any mechanical device, or any combination of the same, which may have in any manner been marked or tampered with, or equipped with electrical or other device whatsoever which might render the game more liable to win or lose. The use of marked cards, loaded dice, plugged or tampered-with machines or devices are expressly made unlawful. Any violations of the provisions of this section shall be deemed a gross misdemeanor, and shall be punishable by a fine of not less than one thousand ($1,000) dollars, or imprisonment in the county jail for a term of not less than six months, or by both such fine and imprisonment.

 

No refund of license money

 

 

Duties of sheriff

 

 

 

 

 

 

 

 

Disposition of license moneys

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thieving games prohibited; penalty


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

ê1931 Statutes of Nevada, Page 168 (CHAPTER 99, AB 98)ê

 

 

 

 

License revoked for violation of act

 

 

 

 

Liability of owners of property

 

 

 

 

Games defined

 

 

 

Act not to apply to social games

 

 

Additional penalties

 

 

 

 

Minors prohibited from playing games or loitering about premises; liability of licensee

of this section shall be deemed a gross misdemeanor, and shall be punishable by a fine of not less than one thousand ($1,000) dollars, or imprisonment in the county jail for a term of not less than six months, or by both such fine and imprisonment.

      Sec. 7.  The violation of any of the provisions of this act shall act as an immediate revocation of any and all licenses which may have been issued to the violator, or which may have been issued for the particular room and premises in which any such violation occurred, and no new or additional license or licenses under this act shall issue to such violator or for the room and premises in which such violation occurred for a period of one (1) year from the date of such revocation.

      Sec. 8.  Any person or persons who shall knowingly permit any of the slot machines, games or devices mentioned in section one of this act to be conducted, operated, dealt or carried on in any house or building owned by him or her, in whole or in part, except by a person who has received a license as herein provided, or his employee, shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished as provided in section six of this act.

      Sec. 9.  For the purposes of this act, the term game or games shall be construed to mean and include all games or devices herein mentioned and any slot machine or slot machines played for money or for checks or tokens redeemable in money or property.

      Sec. 10.  Nothing in this act shall be construed to prohibit social games played solely for drinks or cigars served individually, or games played in private homes or residences for prizes, or nickel-in-the-slot machines operated solely for cigars or drinks.

      Sec. 11.  The violation of any of the provisions of this act, the penalty for which is not herein specifically fixed, shall be deemed a gross misdemeanor and shall be punished by a fine of not less than one thousand ($1,000) dollars, or imprisonment in the county jail for a term of not less than six (6) months, or by both such fine and imprisonment.

      Sec. 12.  No person under the age of twenty-one years shall be allowed to play any licensed game, or loiter about any room or premises wherein any game provided for in this act is operated or conducted, and in any legal action it shall be no excuse for the licensee, employee, or dealer operating or conducting a licensed game under this act to plead he or they believed the party to be twenty-one years old or over; and any licensee, employee, or dealer operating or conducting any game licensed under this act who shall permit any person under the age of twenty-one years to play at such game or games, or permit any such person to loiter about the room or premises in which such game or games may be conducted or operated, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not more than five hundred ($500) dollars, or imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.


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

ê1931 Statutes of Nevada, Page 169 (CHAPTER 99, AB 98)ê

 

at such game or games, or permit any such person to loiter about the room or premises in which such game or games may be conducted or operated, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of not more than five hundred ($500) dollars, or imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment.

      Sec. 13.  No person under the age of twenty-one years shall be allowed to play any of the slot machines licensed under the provisions of this act. Any owner, licensee, employee or other person having a slot machine licensed under this act in his possession who shall permit any person under the age of twenty-one years to play at such slot machines shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section twelve of this act.

      Sec. 13a.  All licenses issued for gambling games and slot machines of every character and description shall be posted in a conspicuous place where such gambling games and slot machines are installed, in order that they may be inspected by authorized state, county, city and town officials, who shall report, in writing, to the sheriff of the county wherein such gambling games and slot machines are located any and all gambling games and slot machines found to be operating without a license.

      Sec. 13b.  Nothing contained in this act shall be deemed to affect the powers conferred by the provisions of the character or organic law of any county or incorporated city in the State of Nevada to fix, impose and collect a license tax, and in all such counties or incorporated cities having such powers the sheriff shall not issue any such license for the operation of any such slot machine, game or device within the boundaries of such county or incorporated city until the applicant shall have first exhibited to him a valid and subsisting license obtained from such county or incorporated city, located within his county, permitting the operation of such slot machine, game or device at the location applied for within the boundaries of such county or incorporated city.

      Sec. 14.  If any provisions of this act shall be held invalid, it shall not be construed to invalidate any of the other provisions of this act.

      Sec. 15.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 16.  This act shall become effective from and after the passage and approval thereof.

 

 

 

 

 

Idem

 

 

 

 

 

Licenses must be posted in plain view

 

 

 

 

Licensing powers of city or county not abridged

 

 

 

 

 

 

 

Each section construed separately

Repeal

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 170ê

CHAPTER 100, SB 108

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Electors must approve contract

 

 

 

In effect

[Senate Bill No. 108–Senator Dolf]

 

Chap. 100–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919.

 

[Approved March 19, 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 a new section thereto, to be known as section 80, and to read as follows:

      Section 80.  No contract for the leasing of any electric power plant or transmission system owned or controlled by the district shall be made or entered into by the board of directors unless or until such contract shall have been submitted to the qualified electors of the district at a special election called for that purpose and approved by a majority vote.

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

 

________

 

CHAPTER 101, Senate Substitute for Senate Bill No. 75

 

[Senate Substitute for Senate Bill No. 75–Committee on Agriculture, Irrigation and Reclamation of Arid Lands]

 

Chap. 101–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919.

 

[Approved March 19, 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 a new section thereto, to be known as section 8 1/2, and to read as follows:


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

ê1931 Statutes of Nevada, Page 171 (CHAPTER 101, Senate Substitute for Senate Bill No. 75)ê

 

      Section 8 1/2.  The number of directors and the number of divisions of any district organized under the laws of this state shall not be altered or changed except upon a petition of not less than fifty-one per cent of the qualified electors of the district. Such petition shall prescribe the number of divisions into which the district is proposed to be divided and shall be accompanied by a map showing the proposed new division boundaries, which map shall be a part of the petition and shall be presented to the board of directors of the district at any regular meeting following which, at its next regular meeting, it shall be the duty of the said board of directors to prepare or cause to be prepared a map of the district showing thereon the said proposed new division boundaries, which map shall be placed on file in the office of the district and at least two copies thereof shall be posted at other conspicuous places in the district where said maps shall be available for inspection by all interested persons. It shall be the further duty of the said board to call a special election to be held within ninety days from the date of the presentation of said petition to the board of directors, at which election the question of altering or changing the number of divisions of the district in accordance with the said petition shall be submitted to the qualified electors of said district. In the event that the result of the said special election is in favor of the alterations or changes in the number of divisions and division boundaries of the district, then in that event the next biennial election of directors shall be governed by the altered conditions established by such special election and the term of office of all the directors then in office and who were elected and/or appointed prior to the altered conditions shall expire on the second Monday following such biennial election. The new directors then elected shall determine their respective tenure of office in the manner designated in section 5 of this act. No petition to change the number of directors and divisions of a district shall be received or considered within a period of four years following the date of such special election.

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

Change in number of directors or divisions of district must be approved by electors of district

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 172ê

CHAPTER 102, SB 138

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds of Mineral County

 

 

Moneys to be returned to general fund when available

 

 

 

In effect

[Senate Bill No. 138–Senator Miller]

 

Chap. 102–An Act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to transfer certain sums of money from the interest and sinking fund of Mineral County, Nevada, to the general fund of said county, providing for the return of said moneys, and other matters properly connected herewith.

 

[Approved March 19, 1931]

 

      Whereas, There is not sufficient funds in the general fund of Mineral County, Nevada, to carry on the normal and regular business of said county until receipts from taxes shall be paid into the treasury of said county; and

      Whereas, There is a surplus in the interest and sinking fund of Mineral County, Nevada, for which there is no present use; and

      Whereas, There is great necessity for a transfer of the sum of $6,297.25 to the general fund of said county; 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 county commissioners of Mineral County, Nevada, are hereby authorized and empowered to transfer from the interest and sinking fund of Mineral County, Nevada, to the general fund of Mineral County, Nevada, to be used for general purposes, the sum of $6,297.25, or so much thereof as may be necessary.

      Sec. 2.  When the revenues coming into the county treasury of Mineral County shall be adequate therefor, the county commissioners of said county are hereby authorized, empowered and directed to return from the general fund of Mineral County, Nevada, to the interest and sinking fund of Mineral County, Nevada, the said sum of $6,297.25, or so much as may have been transferred under the provisions of this act from said interest and sinking fund to the general fund of said county.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 173ê

CHAPTER 103, SB 15

[Senate Bill No. 15–Senator Getchell]

 

Chap. 103–An Act to amend sections 50 and 67 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, as amended, and being sections 699 and 716 Nevada Compiled Laws 1929.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 50 of the above-entitled act is hereby amended so as to read as follows:

      Section 50.  The governor shall appoint a bank examiner who shall be a person who has had practical banking experience; he shall receive a salary of four thousand dollars per year, payable in equal monthly installments out of the general fund of the state; he may be removed from office at any time by a majority vote of the whole state board of finance. During his term of office the examiner shall not be permitted to examine the affairs of any bank in which he is a stockholder. Until further action by the state board of finance the present bank examiner shall be continued in office with all powers and duties thereby conferred and imposed. In every case where the examiner shall be called upon to settle up the affairs of a bank, in accordance with the provisions of this act, he may, if the circumstances in his judgment warrant such action, appoint a deputy bank examiner to aid him in carrying out the provisions of this act; the examiner shall fix the salary of such deputy, which shall not exceed the sum of three hundred dollars per month, payable from the assets of such bank. Such deputy shall perform such duties as the examiner shall direct. Such deputy shall only be appointed in connection with the liquidation of the business of a bank, and his employment shall continue no longer than may be required for that purpose, and he shall be subject to removal at any time at the pleasure of the examiner or of the state board of finance. Such deputy shall furnish a good and sufficient bond conditioned for the faithful performance of the duties of his office. The bank examiner shall occupy the offices of the state board of finance and shall act as secretary of the board. The seal of the state board of finance shall be as heretofore prescribed, and all licenses and orders issued by the board and by its authority shall be attested by the seal of the state board of finance and by the signature of the bank examiner.

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

      Section 67.  It shall be the duty of the bank examiner or one of his deputies to visit each and every bank subject to the provisions of this act at least twice each year, and oftener if he deem it advisable, for the purpose of making a full and careful examination and inquiry into the condition of such bank, and for that purpose the bank examiner and his deputies are hereby authorized and empowered to administer oaths, and to examine under oath the owners, stockholders and directors and all officers and employees and agents of such banks, or other persons.

 

 

 

 

 

 

 

 

 

 

 

 

 

Governor to appoint bank examiner

 

 

 

 

 

 

 

 

Deputy may be appointed


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

ê1931 Statutes of Nevada, Page 174 (CHAPTER 103, SB 15)ê

 

Duties of bank examiner

 

 

 

 

 

 

 

Repeal

In effect

the provisions of this act at least twice each year, and oftener if he deem it advisable, for the purpose of making a full and careful examination and inquiry into the condition of such bank, and for that purpose the bank examiner and his deputies are hereby authorized and empowered to administer oaths, and to examine under oath the owners, stockholders and directors and all officers and employees and agents of such banks, or other persons. The result thereof may be reduced to writing, which shall contain a true statement of the condition of such bank; a copy of such report shall be delivered to the board of directors of each bank examined and a copy to the state banking board.

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

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

 

________

 

CHAPTER 104, AB 151

 

 

 

 

 

 

 

 

 

 

 

 

 

White Pine County commissioners to convey certain real estate

 

Description of property

[Assembly Bill No. 151–White Pine County Delegation]

 

Chap. 104–An Act authorizing and empowering the county commissioners of White Pine County, Nevada, to deed, or otherwise dispose of, to the federal government of the United States, certain real estate situated in White Pine County, Nevada, providing the terms therefor, and other matters properly connected therewith.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county commissioners of White Pine County, Nevada, are hereby authorized and empowered to deed, or otherwise convey to the federal government of the United States, for such purposes and under such conditions as said board of county commissioners may deem fit, with or without monetary consideration therefor, the real estate hereinafter described.

      Sec. 2.  The real estate referred to in section 1 hereof, and by the terms of this act authorized to be by the county commissioners of White Pine County, Nevada, deeded or otherwise transferred to the federal government of the United States, is described as follows, to wit: That certain lot and parcel of land within the boundaries of Lehman cave national monument in partly surveyed township 13 north, range 69 east, M. D. B. & M. (which was set aside and proclaimed January 24, 1922), which said lot and parcel of land is also within the boundaries of homestead entry survey number 149, embracing 46.97 acres.


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

ê1931 Statutes of Nevada, Page 175 (CHAPTER 104, AB 151)ê

 

      Sec. 3.  In the event that the county commissioners of White Pine County, Nevada, shall consider that benefits to accrue to said county and to the State of Nevada by disposing of said lands to the federal government of the United States for other than monetary consideration may be justified by so doing, said board of county commissioners are hereby authorized and empowered to transfer said lands to the federal government of the United States for such other consideration as to said board may be deemed just.

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

Commissioners granted full powers to act

 

 

 

 

 

In effect

 

________

 

CHAPTER 105, SB 93

[Senate Bill No. 93–Senator Heidtman]

 

Chap. 105–An Act placing the control, management and possession of the Andrew Carnegie library in Reno, Nevada, with the board of county commissioners of Washoe County, Nevada; authorizing said board to convey said lands for public use and repealing an act entitled “An act to provide a site for a free public library building in the town of Reno,” approved March 4, 1903.

 

[Approved March 19, 1931]

 

      Whereas, Under the provisions of an act entitled “An act to provide a site for a free public library building in the town of Reno,” approved March 4, 1903, the land hereinafter described was set apart and dedicated to the public as a site for a free public library building and for library purposes, which said land was so set apart for the purpose of accepting the offer of Andrew Carnegie to erect a free public library under conditions which included the providing of a suitable site, a description of said land being as follows:

      Commencing at a point on the northerly line of Mill street, distant thereon No. 72° 02′ 22″ E., 183.8 feet from the point of intersection of the west property line of Virginia street with the north property line of Mill street extended; said point of beginning being further described as being at the southwesterly corner of the property to which title was quieted in Katherine Kincart et al., by decree of court recorded in book 3, decrees of court, page 475, records of Washoe County, State of Nevada; running thence northerly at a right angle to the north property line of Mill street, to the meander line of the south bank of the Truckee river; thence westerly, along the meander line of the south bank of said Truckee river, to an intersection with the easterly line of Virginia street as now laid out and established; thence southerly, along the easterly line of Virginia street to an intersection with the northerly line of Mill street as now established; thence easterly, along the northerly line of Mill street to the point of beginning.

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1931 Statutes of Nevada, Page 176 (CHAPTER 105, SB 93)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

Control of certain property vested

 

Powers of board of county commissioners

 

 

 

 

 

Certain act repealed

to an intersection with the northerly line of Mill street as now established; thence easterly, along the northerly line of Mill street to the point of beginning.

      Whereas, The public library building which was erected on said land has since been abandoned by the board of library trustees, Reno school district No. 10, of Washoe County, Nevada, and is not now being used for any public purpose; and

      Whereas, The residents and inhabitants of the city of Reno have an interest therein; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That the lot of land hereinabove described and the building erected thereon shall hereafter be under the exclusive control, management and possession of the board of county commissioners of Washoe County, Nevada.

      Sec. 2.  That said board of county commissioners is hereby authorized and granted the power to dispose, transfer and convey the lands above described, with the building thereon, to the State of Nevada, or any political subdivision thereof, or to the United States of America, with or without consideration and upon such terms as said board may determine; provided, however, that the city of Reno, through its proper officers, shall join in said conveyance; and provided further, that said conveyance shall be conditioned that the land conveyed shall be for a public use.

      Sec. 3.  An act entitled “An act to provide a site for a free public library building in the town of Reno,” approved March 4, 1903, is hereby repealed.

 

________

 

CHAPTER 106, AB 62

 

 

 

 

 

 

 

 

 

Banks and trust companies may offer and pay rewards for death of bank robbers

[Assembly Bill No. 62–Mr. FitzGerald]

 

Chap. 106–An Act to authorize the payment of rewards in certain cases.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  It shall be lawful for any bank, trust company, building and loan association or other financial institution or for any banker’s association or insurance company issuing policy of insurance for the protection of any such bank, trust company, building and loan association or other financial institution, to separately or jointly offer a reward payable to any person or persons causing the death of any person or persons while in the act of unlawfully taking or attempting to take any money, valuable securities or any personal property belonging to or in the custody or control of any bank, trust company, building and loan association or other financial institution from the person or in the presence of another, against his will, by means of force or violence, or fear of injury, immediate or future, to his person or property or to the person or property of another, when

 


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

ê1931 Statutes of Nevada, Page 177 (CHAPTER 106, AB 62)ê

 

attempting to take any money, valuable securities or any personal property belonging to or in the custody or control of any bank, trust company, building and loan association or other financial institution from the person or in the presence of another, against his will, by means of force or violence, or fear of injury, immediate or future, to his person or property or to the person or property of another, when

      1.  Armed with a dangerous weapon; or

      2.  Aided by an accomplice actually present; or

      3.  Aided by the use of an automobile or motor vehicle; or

      4.  When the offender inflicts bodily harm or injury upon the person from whose possession, or in whose presence, the property is taken, or while in the act of escaping or resisting arrest, within twenty miles from the scene of the crime.

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

Banks and trust companies may offer and pay rewards for death of bank robbers

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 107, AB 64

[Assembly Bill No. 64–Mr. FitzGerald]

 

Chap. 107–An Act defining bank robbery and prescribing the penalty therefor.

 

[Approved March 19, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Every person who shall unlawfully take, or attempt to take, any money, valuable securities or any personal property belonging to or in the custody or control of any bank, trust company, building and loan association or other financial institution from the person or in the presence of another, against his will, by means of force or violence, or fear of injury, immediate or future, to his person or property or to the person or property of another, when

      1.  Armed with a dangerous weapon; or

      2.  Aided by an accomplice actually present; or

      3.  Aided by the use of an automobile or motor vehicle; or

      4.  When the offender inflicts bodily harm or injury upon the person from whose possession, or in hose presence, the property is taken,

      Shall be deemed guilty of a felony, and upon conviction shall be punishable by death or life imprisonment in the discretion of the court.

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

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

 

 

 

 

 

 

 

 

 

 

 

Bank robbery defined; penalty

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 178ê

CHAPTER 108, SB 181

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for improvements at Nevada school of industry

 

 

 

 

 

 

 

Appropriation $6,500

 

 

 

Commission to approve claims

 

 

In effect

[Senate Bill No. 181–Senator Fairchild]

 

Chap. 108–An Act providing for the drilling of a well and installation of a suitable water system for water supply for the Nevada school of industry at Elko, Nevada, the purchase and installation of new plumbing in the main building of said school, providing an appropriation therefor, and other matters properly relating thereto.

 

[Approved March 20, 1931]

 

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 it shall be the duty of the commission controlling the Nevada school of industry to proceed with the drilling of a well and installation of a suitable water system for said school, and purchase and installing of new or additional plumbing in the main building of said school as may be necessary; provided, that the well to be drilled and the system to be installed shall be, so far as may be practical, in accordance with the plans and specifications submitted in connection with the report of the investigating committee of the Nevada industrial school to the thirty-fifth session of the Nevada legislature, and well and water system as provided for herein shall be limited to an expenditure of four thousand five hundred ($4,500) dollars, and the plumbing to be installed and repaired shall be limited to the expenditure of two thousand ($2,000) dollars.

      Sec. 2.  For the purpose of carrying out the provisions of this act there is hereby appropriated out of the general fund of the State of Nevada the sum of six thousand five hundred ($6,500) dollars, to be expended under the direction of the commission for the care of the Nevada school of industry in accordance with the provisions of section 1 of this act.

      Sec. 3.  All claims against the fund provided for in this act shall be approved by the commission for the care of the Nevada school of industry, and when so approved shall be allowed and paid as other claims against the State of Nevada.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 179ê

CHAPTER 109, AB 262

[Assembly Bill No. 262–Committee on Ways and Means]

 

Chap. 109–An Act to create an additional legislative fund.

 

[Approved March 20, 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, an additional sum of ten thousand dollars ($10,000), which shall constitute an additional legislative fund.

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

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

      Sec. 4.  This act shall be in full force and effect immediately on its passage and approval.

 

 

 

 

 

 

 

 

 

 

Additional legislative fund created

 

 

 

Duties of controller and treasurer

 

 

 

Balance to revert

 

In effect

 

________

 

CHAPTER 110, AB 125

[Assembly Bill No. 125–Mr. Finney]

 

Chap. 110–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, and all acts amendatory thereto, by adding thereto a new section to be known as section 30.

 

[Approved March 23, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act relating to marriage and divorce” is hereby amended by adding after section 29, being section 9467 N. C. L. 1929, an additional section to be known as section 30, which said section 30 shall read as follows:

      Section 30.  In any action for divorce when it shall appear to the court that both husband and wife have been guilty of a wrong or wrongs, which may constitute grounds for a divorce, the court shall not for this reason deny a divorce, but in its discretion may grant a divorce to the party least in fault.

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

 

 

 

 

 

 

 

 

 

 

 

 

New section added

 

 

Divorce may be granted at discretion of judge in certain case

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 180ê

CHAPTER 111, AB 139

 

 

 

 

 

 

 

 

 

Additional cause for divorce

 

 

 

 

In effect

[Assembly Bill No. 139–Mr. Alward]

 

Chap. 111–An Act creating and providing an additional cause for divorce.

 

[Approved March 23, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Divorce from the bonds of matrimony may be obtained, in addition to the causes now provided by law, and subject to the same procedure and requirements, for the following cause:

      When the husband and wife have lived apart for five consecutive years without cohabitation the court may at its discretion grant an absolute decree of divorce at the suit of either party.

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

 

________

 

CHAPTER 112, SB 41

 

 

 

 

 

 

 

 

 

 

General appropriations for period January 1 to June 30, 1931

 

 

 

 

 

 

Governor’s office and mansion

 

 

 

 

 

 

Lieutenant governor

[Senate Bill No. 41–Senator Fairchild]

 

Chap. 112–An Act making appropriation for the support of the civil government of the State of Nevada from January 1 to June 30, 1931.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed and for the support of the government of the State of Nevada for a period of six months from January 1 to June 30, 1931.

      For the purpose of financing, by appropriation, the various state offices and departments from January 1 to June 30, 1931, when the state will begin operating under a fiscal year system:

 

Administrative Offices

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

For salary of governor...........................................................................................       $3,500.00

For salary of governor’s private secretary.........................................................         1,700.00

For salary of clerk in governor’s office...............................................................            900.00

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

For traveling expenses of the governor..............................................................            250.00

For maintenance and care of the governor’s mansion......................................         1,650.00

 

      Sec. 3.  The Office of Lieutenant Governor.

For salary of lieutenant governor.........................................................................       $1,000.00

For expenses of lieutenant governor...................................................................         1,000.00


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

ê1931 Statutes of Nevada, Page 181 (CHAPTER 112, SB 41)ê

 

      Sec. 4.  The Office of Secretary of State.

For salary of secretary of state...........................................................................         $1,800.00

For salary of deputy secretary of state.............................................................           1,350.00

For salary of clerk                                                                                                            1,000.00

For salary of typist...............................................................................................              900.00

For salary of stenographer..................................................................................              900.00

For salary of corporation clerk............................................................................              900.00

For purchase of equipment.................................................................................              600.00

 

      Sec. 5.  The Office of Attorney-General.

For salary of attorney-general............................................................................         $2,500.00

For salary of deputy attorney-general...............................................................           1,500.00

For salary of secretary.........................................................................................              900.00

For salary of extra stenographic service...........................................................                80.00

For traveling expenses.........................................................................................           1,000.00

For supplies and printing of briefs.....................................................................              720.00

 

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

For salary of state controller...............................................................................         $1,800.00

For salary of deputy state controller.................................................................           1,350.00

For salary of typist...............................................................................................              900.00

For salary of clerk of insurance commissioner.................................................              900.00

For salary of extra clerk........................................................................................           1,050.00

For premiums on state fire insurance.................................................................           2,900.00

For equipment, bookkeeping machine...............................................................           2,500.00

 

      Sec. 7.  The Office of State Treasurer.

For salary of state treasurer................................................................................         $1,800.00

For salary of deputy state treasurer...................................................................           1,350.00

For salary of clerk                                                                                                               900.00

For insurance of registered bonds.....................................................................                50.00

For miscellaneous supplies.................................................................................              450.00

For equipment bond and coupon file................................................................           1,400.00

 

      Sec. 8.  The State Mine Inspector.

For salary of state mine inspector......................................................................         $1,800.00

For salary of two deputies...................................................................................           3,000.00

For salary of clerk                                                                                                               750.00

For salary of extra clerical help...........................................................................                50.00

For traveling expenses.........................................................................................           1,800.00

For supplies...........................................................................................................              246.00

For equipment.......................................................................................................              275.00

 

      Sec. 8 1/2.  The Surveyor General and State land Register.

      The following sums are hereby appropriated from the permanent school fund for the purposes hereinafter expressed for the six months ending June 30, 1931:

For salary of surveyor general and state land register...................................         $1,800.00

For salary of deputy surveyor and state land register....................................           1,350.00

For salary of typist...............................................................................................              900.00

For township plats, stamps, and office supplies.............................................              300.00

 

Secretary of state

 

 

 

 

 

 

 

 

Attorney-general

 

 

 

 

 

 

 

State controller and insurance commissioner

 

 

 

 

 

 

 

State treasurer

 

 

 

 

 

 

 

Inspector of mines

 

 

 

 

 

 

 

 

 

 

Surveyor general and state land register


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

ê1931 Statutes of Nevada, Page 182 (CHAPTER 112, SB 41)ê

 

 

State printing office

 

 

 

 

Capitol and grounds, etc.

 

 

 

 

Adjutant general; military

 

 

 

Labor commissioner

 

 

 

 

Public service commission

 

 

 

 

 

Nevada state police

 

 

 

 

 

 

State engineer

 

 

 

 

 

 

 

 

 

Inspector of pharmacies

 

 

Rabies commission

 

 

Weights and measures

      Sec. 9.  State Printing Office.

For salary of superintendent of state printing...................................................       $1,800.00

For salary of typist-bookkeeper...........................................................................            900.00

For support of state printing office......................................................................       12,800.00

 

The Boards, Commissions and Appointive Offices

      Sec. 10.  The Board of Capitol Commissioners.

For 4 janitors, 2 watchmen, 1 gardener, 1 engineer and for fuel, light, water, stamps and stationery, telegraph and telephone, equipment and repairs, care of capitol and memorial buildings and grounds, and sundry supplies and expenses..        $18,750.00

 

      Sec. 11.  The Adjutant General, Military.

For traveling expenses...........................................................................................          $100.00

For supplies and clerical help...............................................................................            600.00

 

      Sec. 12.  The Labor Commissioner.

For salary of labor commissioner.........................................................................          $750.00

For salary of stenographer....................................................................................            900.00

For traveling expenses...........................................................................................            550.00

For supplies and equipment..................................................................................            150.00

 

      Sec. 13.  The Public Service Commission.

For salary of chairman............................................................................................       $2,250.00

For salary of commissioners.................................................................................         1,750.00

For salary of secretary...........................................................................................         1,500.00

For traveling expenses...........................................................................................         1,000.00

For support of commission...................................................................................         5,065.00

 

      Sec. 14.  The Nevada State Police.

For salary of superintendent.................................................................................       $1,800.00

For salary of inspector...........................................................................................         1,200.00

For salary of sergeant............................................................................................            600.00

Salary of private......................................................................................................            600.00

For supplies and equipment..................................................................................            800.00

 

      Sec. 15.  The State Engineer’s Office.

For salary of state engineer...................................................................................       $2,000.00

For salary of assistant state engineer..................................................................         1,800.00

For salary of deputy engineer...............................................................................         1,500.00

For support and equipment...................................................................................       10,750.00

For salary of gage observers................................................................................            225.00

For salary of snow surveys...................................................................................            500.00

For traveling and supplies, snow surveys..........................................................            800.00

 

      Sec. 16.  The State Pharmacy Inspector.

For salary of inspector of pharmacy and equipment.........................................          $250.00

 

      Sec. 17.  The State Rabies Commission.

For support of state rabies commission..............................................................       $8,250.00

 

      Sec. 18.  The State Sealer of Weights and Measures.

For support of state sealer of weights and measures.......................................       $1,638.89


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

ê1931 Statutes of Nevada, Page 183 (CHAPTER 112, SB 41)ê

 

      Sec. 19.  The Colorado River Development Commission of Nevada.

For support of Colorado river development commission of Nevada............         $1,000.00

 

      Sec. 20.  The Fish and Game Commission.

For support of fish and game commission and state recreation grounds and game refuge commission...................................        $8,000.00

 

      Sec. 21.  The State Free Employment Service.

For support of state free employment service..................................................         $1,937.50

 

      Sec. 22.  The State Library.

For salary of state librarian..................................................................................         $1,200.00

For salary of two assistant state librarians.......................................................           1,650.00

For supplies...........................................................................................................           3,000.00

 

      Sec. 23.  Consolidated Offices of State Bank Examiner, State Auditor, Nevada Tax Commission.

For salaries of Nevada tax commission.............................................................         $1,500.00

For support of Nevada tax commission.............................................................           1,100.00

For salary of state bank examiner and ex officio state auditor.......................           2,000.00

For salary deputy state bank examiner..............................................................           1,500.00

For salary clerk in office of state bank examiner..............................................           1,200.00

For salary of stenographer state bank examiner..............................................              900.00

For other salaries..................................................................................................           1,050.00

For traveling expenses.........................................................................................           1,200.00

For supplies...........................................................................................................              250.00

 

      Sec. 24.  State Board of Stock Commission, Quarantine.

For salaries.............................................................................................................         $1,800.00

For traveling expense...........................................................................................              600.00

For supplies...........................................................................................................              300.00

 

      Sec. 25.  The State Board of Health.

For salary of secretary.........................................................................................         $1,250.00

For salary of stenographer..................................................................................              750.00

For traveling expense...........................................................................................              450.00

For supplies...........................................................................................................              461.50

 

      Sec. 26.  Diphtheria Antitoxin.

For diphtheria antitoxin........................................................................................            $125.00

 

      Sec. 27.  Births and Deaths.

For support of registered births and deaths.....................................................            $125.00

 

      Sec. 28.  The State Orphans’ Home.

For salary of superintendent of orphans’ home..............................................            $750.00

For salary of matron of orphans’ home.............................................................              750.00

For support of state orphans’ home..................................................................         17,075.00

 

      Sec. 29.  The Nevada State Hospital for Mental Diseases.

For salary of superintendent of Nevada hospital for mental diseases.........         $1,800.00

For support of state hospital for mental diseases...........................................         49,343.32

 

Colorado river development commission

Fish and game commission

 

 

State free employment service

 

State library

 

 

 

Consolidated offices bank examiner, auditor, tax commission

 

 

 

 

 

 

 

 

 

State board stock commission

 

 

 

Board of health

 

 

 

 

 

 

Diphtheria antitoxin

 

 

Births and deaths

 

 

Orphans’ home

 

 

 

 

Hospital for mental diseases


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

ê1931 Statutes of Nevada, Page 184 (CHAPTER 112, SB 41)ê

 

School of industry

 

 

 

 

Nevada state prison

 

 

 

 

Dental service

 

 

 

 

Industrial rehabilitation board

 

 

Board vocational education

 

 

 

 

Night schools

 

 

 

Department education, supervision

 

 

 

 

Deaf, dumb and blind

 

 

 

Department education, executive

 

 

 

 

Orphans’ home educational support

 

 

 

Weevil control

      Sec. 30.  The Nevada School of Industry.

For salary of superintendent.................................................................................        $1200.00

For support of Nevada school of industry.........................................................       11,500.00

 

      Sec. 31.  The Nevada State Prison.

For support of Nevada state prison.....................................................................     $34,000.00

For transportation of prisoners............................................................................         2,500.00

For death watch over condemned criminals.......................................................            750.00

 

      Sec. 32.  Dental Service in State Institutions.

For support of dental service in state institutions............................................       $1,000.00

 

Educational Institutions

      Sec. 33.  Industrial Rehabilitation Board.

For support of state industrial rehabilitation under direction of industrial rehabilitation board in cooperation with the federal government...........................................................................................        $2500.00

 

      Sec. 34.  State Board of Vocational Education.

For support of vocational education in cooperation with federal board of vocational education and local and district school boards, including the mining schools and state’s portion of the salaries and expenses of all officers of said state board..............................        $8,750.00

 

      Sec. 35.  The Night Schools.

There is hereby appropriated from the state distributive school fund for the support of evening schools, as provided by law.....................        $1,500.00

 

      Sec. 36.  Department of Education, Supervision.

For salary of office deputy....................................................................................       $1,200.00

For salary of district deputies...............................................................................         6,000.00

For traveling expenses...........................................................................................         2,500.00

For supplies.............................................................................................................         1,250.00

 

      Sec. 37.  The Care of the Deaf, Dumb and Blind.

For care of the deaf, dumb and blind under the control of the state board of education...............................................................................        $3,250.00

 

      Sec. 38.  State Department of Education, Executive.

For salary of superintendent of public instruction............................................       $1,800.00

For salary of stenographic clerk...........................................................................            900.00

For traveling expenses...........................................................................................            375.00

For supplies.............................................................................................................         1,550.00

 

      Sec. 39.  State Orphans’ Home Educational Support.

For the purpose of providing educational facilities for children of the state orphans’ home............................................................................        $750.00

 

For Promotion of Agriculture

      Sec. 40.  Alfalfa Weevil Control.

For support of alfalfa weevil control under direction of state quarantine officers             $750.00


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

ê1931 Statutes of Nevada, Page 185 (CHAPTER 112, SB 41)ê

 

      Sec. 41.  Eastern Nevada Agricultural Extension (Smith-Lever Act of Congress).

For cooperative agricultural extension work in eastern Nevada as defined in Smith-Lever act of Congress..................................        $3,125.00

 

      Sec. 42.  Western Nevada Agricultural Extension.

For support of the agricultural extension work in western Nevada in cooperation with the agricultural extension division of the University of Nevada..........................................................        $3,125.00

 

      Sec. 43.  State Range Commission.

For support of state range commission.............................................................            $400.00

 

      Sec. 44.  Noxious Weed Control.

For support of noxious weed control under direction of state quarantine officer.......................................................................        $2,000.00

 

      Sec. 45.  Agricultural Seeds, Quarantine.

For support of regulating sales of agricultural seeds under direction of state quarantine officer........................................        $1,000.00

 

      Sec. 46.  Miscellaneous and Administrative Expenses.

For industrial insurance state employees.........................................................         $1,500.00

For refund of state taxes......................................................................................              250.00

For care of G. A. R. cemetery..............................................................................              150.00

For state officers’ bond premiums.....................................................................           2,000.00

For rewards of the governor...............................................................................           1,000.00

For state advertisement in Appeal-News..........................................................           1,425.00

 

      Sec. 47.  Bureau of Mines.

For support of state bureau of mines at University of Nevada.....................         $5,000.00

 

      Sec. 48.  The Supreme Court.

For salaries of supreme court justices...............................................................       $10,500.00

For salaries of clerk of supreme court................................................................           1,800.00

For salaries of reporter of decisions..................................................................           1,200.00

For salaries of stenographers of court and clerk.............................................           2,700.00

For salary of bailiff of supreme court.................................................................              150.00

For support of supreme court and clerk............................................................              625.00

 

      Sec. 49.  The District Courts.

For traveling expenses of district court judges (to be budgeted by board of examiners)....................................................................        $3,000.00

 

      Sec. 50.  All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act.

      Sec. 51.  This act shall take effect upon its passage and approval.

 

Eastern Nevada agricultural extension

 

 

Western Nevada agricultural extension

 

 

 

Range commission

 

 

Noxious weed control

 

 

 

 

Seed quarantine

 

Miscellaneous expenses

 

 

 

 

 

 

 

Bureau of mines

 

 

Supreme court

 

 

 

 

 

 

 

District courts

 

 

 

Conflicting acts repealed

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 186ê

CHAPTER 113, Senate Substitute for Senate Bill No. 42

 

 

 

 

 

 

 

 

 

 

General appropriations for period June 30, 1931 to July 1, 1933

 

 

 

Governor’s office and mansion

 

 

 

 

 

 

 

Lieutenant governor

 

 

 

Secretary of state

 

 

 

 

 

 

 

 

 

Attorney-general

[Senate Substitute for Senate Bill No. 42–Committee on Ways and Means]

 

Chap. 113–An Act making appropriation for the support of the civil government of the State of Nevada for the fiscal years from June 30, 1931, to July 1, 1933.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed and for the support of the government of the State of Nevada for the years from June 30, 1931, to July 1, 1933:

 

Administrative Offices

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

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

For salary of governor’s private secretary.........................................................         6,800.00

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

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

For traveling expenses of the governor..............................................................         1,300.00

For maintenance and care of the governor’s mansion......................................         6,600.00

For fees, governor’s conference..........................................................................            200.00

 

      Sec. 3.  The Office of Lieutenant Governor.

For salary of lieutenant governor.........................................................................       $2,000.00

For expenses of lieutenant governor...................................................................         1,000.00

 

      Sec. 4.  The Office of Secretary of State.

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

For salary of deputy secretary of state...............................................................         5,400.00

For salary of clerk                                                                                                            4,000.00

For salary of typist.................................................................................................         3,600.00

For salary of stenographer....................................................................................         3,600.00

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

For election paper, etc............................................................................................         1,000.00

For purchase of equipment...................................................................................         1,500.00

 

      Sec. 5.  The Office of Attorney-General.

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

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

For salary of secretary...........................................................................................         3,600.00

For salary of extra stenographic service.............................................................            200.00

For extra legal service.............................................................................................            100.00

For traveling expense.............................................................................................         3,000.00

For supplies and equipment..................................................................................         1,500.00

For expenses of defending Boulder dam suit and to be used only in the event motion to dismiss is denied........................................................        5,000.00


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

ê1931 Statutes of Nevada, Page 187 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

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

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

For salary of deputy state controller.................................................................           5,400.00

For salary of typist...............................................................................................           3,600.00

For salary of clerk of insurance commissioner.................................................           3,600.00

For salary of extra clerk........................................................................................           4,200.00

For premiums on state fire insurance.................................................................         10,975.00

For purchase of equipment.................................................................................              250.00

 

      Sec. 7.  The Office of State Treasurer.

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

For salary of deputy state treasurer...................................................................           5,400.00

For salary of clerk                                                                                                            3,600.00

For insurance of registered bonds.....................................................................              200.00

For incidental equipment.....................................................................................              300.00

 

      Sec. 8.  The State Mine Inspector.

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

For salary of two deputies...................................................................................         10,800.00

For salary of clerk                                                                                                            3,000.00

For salary of extra clerical help...........................................................................              200.00

For traveling expenses.........................................................................................           7,200.00

For supplies and equipment................................................................................           2,082.00

 

      Sec. 9.  The Surveyor General and State Land Register.

      The following sums are hereby appropriated from the permanent school fund for the purposes hereinafter expressed for the years ending from June 30, 1931, to July 1, 1933:

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

For salary of deputy surveyor and state land register....................................           5,400.00

For salary of typist...............................................................................................           3,573.34

For township plats, stamps, and office supplies.............................................              800.00

 

      Sec. 10.  State Printing Office.

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

For salary of typist-bookkeeper.........................................................................           3,600.00

For support of state printing office....................................................................         46,200.00

      To be expended under the direction of the superintendent of state printing, subject to the approval of the state board of printing control, and apportioned as follows:

             Overhead.................................................................................       $13,100.00

             Legislative...............................................................................           7,210.00

             University of Nevada............................................................           4,290.00

             Secretary of state...................................................................           3,300.00

             Governor..................................................................................              525.00

             Lieutenant governor..............................................................                15.00

             Adjutant general....................................................................              235.00

             State controller.......................................................................           1,850.00

             State treasurer.........................................................................              325.00

 

State controller and insurance commissioner

 

 

 

 

 

 

 

State treasurer

 

 

 

 

 

 

Inspector of mines

 

 

 

 

 

 

Surveyor general and state land register

 

 

 

 

 

 

 

State printing office


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

ê1931 Statutes of Nevada, Page 188 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

State printing office

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Capitol and grounds, etc.

 

 

 

 

 

Adjutant general and Nevada national guard

             Surveyor general..............................................................................        $450.00

             Attorney-General.............................................................................          280.00

             Clerk supreme court.........................................................................          100.00

             Superintendent public instruction.................................................       3,950.00

             Mine inspector.................................................................................          575.00

             Bank examiner...................................................................................          275.00

             State engineer...................................................................................          870.00

             Library                                                                                                          100.00

             Printing office...................................................................................          100.00

             Labor commissioner.........................................................................          545.00

             Tax commission................................................................................          675.00

             State prison.......................................................................................          340.00

             State police........................................................................................          375.00

             Rabies commission..........................................................................            45.00

             Apiary commission..........................................................................            35.00

             Racing commission..........................................................................            20.00

             Orphans’ home.................................................................................          110.00

             Public service commission..............................................................          330.00

             Hospital for mental diseases..........................................................          350.00

             Board of health.................................................................................          500.00

             Fish and game commission.............................................................          350.00

             Sheep commission...........................................................................          100.00

             Auditor..............................................................................................          225.00

             Board of stock commissioners.......................................................          300.00

             Board of pharmacy...........................................................................            50.00

             Agricultural society.........................................................................          150.00

             Agricultural extension division......................................................       1,200.00

             Supreme court judges......................................................................            25.00

             Board of examiners...........................................................................          400.00

             Board of parole.................................................................................          100.00

             Board medical examiners.................................................................            70.00

             School of industry...........................................................................          155.00

             For printing and binding Statutes, Journals and Appendices of the 35th session...................................       2,200.00

 

The Boards, Commissions and Appointive Offices

      Sec. 11.  The Board of Capitol Commissioners.

For 4 janitors, 2 watchmen, 1 gardener, 1 engineer and for fuel, light, water, stamps and stationery, telegraph and telephone and telegraph, equipment and repairs, care of capitol and memorial buildings and grounds, and sundry supplies and expenses............        $55,000.00

 

      Sec. 12.  The Adjutant General and Nevada National Guard.

For support of adjutant general’s office and Nevada national guard and rifle practice equipment..........................................................................        $2,500.00

For salary extra clerical help..................................................................................            500.00


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ê1931 Statutes of Nevada, Page 189 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

      Sec. 13.  The Labor Commissioner.

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

For salary of stenographer..................................................................................           3,600.00

For support of office of labor commissioner....................................................           2,800.00

 

      Sec. 14.  The Public Service Commission.

For salary of full-time member.............................................................................       $10,000.00

For salary of commissioners...............................................................................           7,000.00

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

For traveling expenses of commissioners.........................................................           4,000.00

For support of commission.................................................................................         15,350.00

For support of intermediate rate association, to be expended under the direction of the public service commission, and for no other purpose...................................................................................................        1,000.00

For printing biennial reports...............................................................................              550.00

 

      Sec. 15.  The Nevada State Police.

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

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

For support of Nevada state police...................................................................           8,000.00

 

      Sec. 16.  The State Engineer’s Office.

For salary of state engineer.................................................................................         $8,000.00

For salary of assistant state engineer................................................................           7,200.00

For deputy state engineer...................................................................................           6,000.00

For support of office state engineer..................................................................         43,000.00

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

For cooperative water measurements with United States..............................           2,000.00

 

      Sec. 17.  The State Pharmacy Inspector.

For travel and incidental office expenses of inspector of pharmacies..........            $800.00

 

      Sec. 18.  The State Rabies Commission.

For support of state rabies commission............................................................       $35,000.00

 

      Sec. 19.  The State Sealer of Weights and Measures.

For support of state sealer of weights and measures.....................................         $4,000.00

 

      Sec. 20.  The Colorado River Development Commission of Nevada.

For support of Colorado River development commission of Nevada..........         $5,000.00

 

      Sec. 21.  The Fish and Game Commission.

For support of fish and game commission and state recreation grounds and game refuge commission...............................................................        $32,000.00

 

      Sec. 22.  The State Free Employment Service.

For support of state free employment service..................................................         $7,800.00

 

Labor commissioner

 

 

 

Public service commission

 

 

 

 

 

 

 

 

 

Nevada state police

 

 

 

 

 

State engineer

 

 

 

 

 

 

 

Inspector of pharmacies

 

 

Rabies commission

 

 

Weights and measures

 

 

Colorado river development commission

Fish and game commission

 

 

State free employment service


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ê1931 Statutes of Nevada, Page 190 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

 

State library

 

 

 

 

Consolidated offices bank examiner, auditor, tax commission

 

 

 

 

 

 

 

 

State board stock commission

 

Board of health

 

 

 

 

 

Orphans’ home

 

 

 

 

 

Hospital for mental diseases

 

 

 

School of industry

 

 

 

 

Nevada state prison

 

 

 

 

 

 

Diphtheria antitoxin

 

 

 

Births and deaths

      Sec. 23.  The State Library.

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

For salary of two assistant state librarians.........................................................         6,945.00

For equipment, cataloging, books, building, stationery, and general support of state library...........................................................................        10,000.00

 

      Sec. 24.  Consolidated Offices of State Bank Examiner, State Auditor, Nevada Tax Commission.

For salaries of Nevada tax commission...............................................................       $6,000.00

For support of Nevada tax commission...............................................................         7,700.00

For salary of state bank examiner and ex officio state auditor.........................         8,000.00

For salary deputy state bank examiner................................................................         6,000.00

For salary clerk in office of state bank examiner................................................         4,800.00

For salary of stenographer state bank examiner................................................         3,600.00

For support of state bank examiner......................................................................       11,500.00

 

      Sec. 25.  State Board of Stock Commission.

For support of state board of stock commission, for state quarantine purposes only..........................................................................................        $10,000.00

 

      Sec. 26.  The State Board of Health.

For salary of secretary...........................................................................................       $5,000.00

For support of state board of health....................................................................         6,000.00

 

The Penal and Charitable Institutions

      Sec. 27.  The State Orphans’ Home.

For salary of superintendent of orphans’ home................................................       $3,000.00

For salary of matron of orphans’ home...............................................................         3,000.00

For dental service                                                                                                                                350.00

For support of state orphans’ home....................................................................       70,000.00

 

      Sec. 28.  The Nevada State Hospital for Mental Diseases.

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

For dental service                                                                                                                                2,050.00

For support of state hospital for mental diseases.............................................     190,000.00

 

      Sec. 29.  The Nevada School of Industry.

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

For support of Nevada school of industry.........................................................       45,000.00

For dental service                                                                                                                                300.00

 

      Sec. 30.  The Nevada State Prison.

For support of Nevada state prison....................................................................... $136,000.00

For expenses and transportation bringing prisoners to Carson City, and rewards.....................................................................................................        10,000.00

For dental service...................................................................................................            550.00

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

 

      Sec. 31.  Diphtheria Antitoxin.

For purchase of diphtheria and dangerous contagious diseases antitoxin by state board of health.........................................................................        $500.00

 

      Sec. 32.  Births and Deaths.

For support of registered births and deaths.......................................................          $500.00

 

 


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ê1931 Statutes of Nevada, Page 191 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

Educational Institutions

      Sec. 33.  Industrial Rehabilitation Board.

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

 

      Sec. 34.  State Board of Vocational Education.

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

 

      Sec. 35.  The Night Schools.

There is hereby appropriated from the state distributive school fund for the support of evening schools, as provided by law, for the years from June 30, 1931, to July 1, 1933..........................................        $6,000.00

 

      Sec. 36.  Department of Education, Supervision.

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

For salary of district deputies.............................................................................         24,000.00

For traveling expenses.........................................................................................         10,000.00

For office expense.................................................................................................           5,000.00

 

      Sec. 37.  The Care of the Deaf, Dumb and Blind.

For care of the deaf, dumb and blind under the control of the state board of education...............................................................................        $13,000.00

 

      Sec. 38.  State Department of Education, Executive.

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

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

For traveling expenses.........................................................................................           1,000.00

For supplies and other office expenses.............................................................           5,500.00

 

      Sec. 39.  State Orphans’ Home Educational Support.

For the purpose of providing educational facilities for children of the state orphans’ home............................................................................        $5,000.00

 

For Promotion of Agriculture

      Sec. 40.  Alfalfa Weevil Control.

For support of alfalfa weevil control under direction of state quarantine officers             $3,000.00

 

      Sec. 41.  Eastern Nevada Agricultural Extension (Smith-Lever Act of Congress).

For cooperative agricultural extension work in eastern Nevada as defined in Smith-Lever act of Congress...........................................        $12,500.00

 

      Sec. 42.  Agricultural Society for State Fairs.

For support of the agricultural society..............................................................         $2,500.00

For support of state fair.......................................................................................         10,000.00

 

 

Industrial rehabilitation board

 

 

 

Board vocational education

 

 

 

Night schools

 

 

 

 

Department education, supervision

 

 

 

 

 

Deaf, dumb and blind

 

 

Department education, executive

 

 

 

 

Orphans’ home educational support

 

 

 

 

Weevil control

 

 

 

 

Eastern Nevada agricultural extension

 

State fairs


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ê1931 Statutes of Nevada, Page 192 (CHAPTER 113, Senate Substitute for Senate Bill No. 42)ê

 

Western Nevada agricultural extension

 

 

 

Elko County fair

 

 

Range commission

 

 

Noxious weed control

 

 

 

Seed quarantine

 

 

 

Miscellaneous expenses

 

 

 

 

 

 

 

 

Bureau of mines

 

 

Supreme court

 

 

 

 

 

 

 

 

District courts

 

 

 

Conflicting acts repealed

 

In effect

      Sec. 43.  Western Nevada Agricultural Extension.

For promotion of the agricultural extension work in western Nevada in cooperation with the agricultural extension division of the University of Nevada.............................................................................        $12,500.00

 

      Sec. 44.  Elko County Fair.

For support of Elko County livestock show.......................................................     $10,000.00

 

      Sec. 45.  State Range Commission.

For support of state range commission...............................................................       $2,000.00

 

      Sec. 46.  Noxious Weed Control.

For support of noxious weed control under direction of state quarantine officer........................................................................................................        $8,000.00

 

      Sec. 47.  Agricultural Seeds, Quarantine.

For support of regulating sales of agricultural seeds under direction of state quarantine officer..........................................................................        $4,000.00

 

      Sec. 48.  Miscellaneous Administrative Expenses.

For industrial insurance state employees...........................................................       $6,000.00

For refund of state taxes........................................................................................            500.00

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

For state officers’ bond premiums.......................................................................         4,500.00

For rewards of the governor.................................................................................         2,000.00

For state advertisement in Carson City Appeal-News......................................         4,800.00

For payment of salaries for extra employees during vacation time.................         2,000.00

 

      Sec. 49.  Bureau of Mines.

For support of state bureau of mines at University of Nevada.......................     $20,000.00

 

      Sec. 50.  The Supreme Court.

For salaries of supreme court justices.................................................................     $42,000.00

For salaries of clerk of supreme court..................................................................         7,200.00

For salaries of reporter of decisions....................................................................         5,400.00

For salaries of stenographers of court and clerk...............................................       10,800.00

For publishing Nevada reports.............................................................................         2,800.00

For support of supreme court and clerk..............................................................         2,500.00

For salary of bailiff of supreme court...................................................................            600.00

 

      Sec. 51.  The District Courts.

For traveling expenses of district court judges (to be budgeted by board of examiners)............................................................................................        $13,000.00

 

      Sec. 52.  All acts and parts of acts in conflict with this act are hereby repealed, including all acts and parts of acts which provide appropriations for the purposes outlined in this act.

      Sec. 53.  This act shall take effect upon its passage and approval.

 

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ê1931 Statutes of Nevada, Page 193ê

CHAPTER 114, AB 264

[Assembly Bill No. 264–Mr. Hussman]

 

Chap. 114–An Act to fix the state tax levy for the years 1931 and 1932, and to distribute the said levy to the proper fund.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the year commencing January 1, 1931, an ad valorem tax of sixty-nine cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty-one cents; contingent university fund, nine cents; the university public service division, two cents; the university permanent building fund, two cents; state farm bureau fund, one cent; consolidated bond interest and redemption fund, five cents; Nevada hospital for mental diseases bond interest and redemption fund, one and one-half mills; the state distributive fund, eleven cents; teachers’ retirement salary fund, one-half cent; general fund to be allotted to a deficiency fund, two cents, three and one-half mills; highway maintenance fund, five cents.

      Sec. 2.  For the year commencing January, 1932, an ad valorem tax of sixty-nine cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty-one cents; contingent university fund, nine cents; the university public service division, two cents; the university permanent building fund, two cents; state farm bureau, one cent; consolidated bond interest and redemption fund, five cents; Nevada hospital for mental diseases bond interest and redemption fund, one and one-half mills; the state distributive school fund, eleven cents; teachers’ retirement fund, one-half cent; general fund, to be allotted to a deficiency fund, two cents, three and one-half mills; highway maintenance fund, five cents.

 

 

 

 

 

 

 

 

 

 

Tax levy for 1931, 69 cents

 

 

 

 

 

 

 

 

 

 

 

Tax levy for 1932, 69 cents

 

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ê1931 Statutes of Nevada, Page 194ê

CHAPTER 115, AB 263

 

 

 

 

 

 

 

 

 

 

 

Act repealed

[Assembly Bill No. 263–Nye County Delegation]

 

Chap. 115–An Act to repeal an act entitled “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.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act to 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, is hereby repealed.

 

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CHAPTER 116, AB 259

 

 

 

 

 

 

 

 

 

 

 

Salaries of county officers of Lander County

Sheriff

[Assembly Bill No. 259–Mr. Tandy]

 

Chap. 116–An Act fixing the salaries and compensation of county officers and deputies in and for the county of Lander, State of Nevada.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act the following named county officers and deputies in and for the county of Lander, State of Nevada, shall receive in full payment and for all services rendered by them the following salaries, fees and compensation, all salaries to be payable monthly:

      Sec. 2.  The sheriff shall receive the sum of twenty-four hundred dollars ($2,400) per annum payable monthly and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed.


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ê1931 Statutes of Nevada, Page 195 (CHAPTER 116, AB 259)ê

 

to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. He may appoint a jailer who shall also be a deputy sheriff, whose salary shall be one hundred and fifty dollars ($150) per month. He may also appoint a deputy who shall be janitor of the courthouse at Austin, supervisor of the light system, and night watchman in the town of Austin, who shall receive the sum of one hundred and fifty dollars ($150) per month.

      Sec. 3.  The county assessor shall receive eighteen hundred dollars ($1,800) per annum, payable monthly, and such fees and commissions as are now allowed by law.

      Sec. 4.  The county recorder, as such, and as ex officio auditor, shall receive twenty-four hundred dollars ($2,400) per annum, payable monthly, and the fees allowed by existing law. He shall perform all county work required in the office, and extend the annual assessment roll without further compensation or charge against the county.

      Sec. 5.  The county treasurer shall receive twenty-four hundred dollars ($2,400) per annum, payable monthly.

      Sec. 6.  The county clerk shall receive eighteen hundred dollars ($1,800) per annum, payable monthly, and such civil fees as are not allowed by law.

      Sec. 7.  The district attorney, as such, shall receive eighteen hundred dollars ($1,800) per annum, payable monthly, and such fees and commissions as are now allowed by law.

      Sec. 8.  The county commissioners shall each receive a salary of nine hundred dollars ($900) per annum, payable monthly, in full compensation for all services and expenses; provided, that any commissioner residing more than thirty miles from the county seat of said county shall receive, in addition to said salary, the sum of ten cents per mile for each mile necessarily traveled, above said thirty miles, in attending necessary meetings of the board.

      Sec. 9.  The act entitled “An act fixing the salaries of the county officers of Lander County, State of Nevada, and other matters properly connected therewith,” approved March 23, 1917, and all acts supplementary thereto or amendatory thereof, including chapters 45 and 156, Statutes of Nevada, 1929, and all acts in conflict with the provisions of this act, are hereby repealed.

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

 

 

 

Sheriff may appoint jailer and deputy

 

 

 

County assessor

 

County recorder

 

 

 

 

County treasurer

 

County clerk

 

District attorney

 

 

County commissioners

 

 

 

 

 

Prior act repealed

 

 

 

 

In effect

 

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ê1931 Statutes of Nevada, Page 196ê

CHAPTER 117, AB 258

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to receivers of stolen goods; offense gross misdemeanor

[Assembly Bill No. 258–Mr. Dunseath]

 

Chap. 117–An Act to amend section 1 of an act entitled “An act relative to receivers of stolen goods, and matters pertaining thereto,” approved March 29, 1929, being section 10543 Nevada Compiled Laws 1929.

 

[Approved March 24, 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 10543, is hereby amended so as to read as follows:

      Section 1.  Any person who shall receive or buy any goods or chattels or choses in action, or other valuable thing whatsoever, that shall have been stolen from any other person or taken from him by robbery, otherwise unlawfully or fraudulently obtained, or converted in any manner contrary to any of the provisions of the act to which this act is supplemental, whether such stealing or robbery shall have been committed either in the State of Nevada or in some other jurisdiction, and whether such goods, chattels, choses in action, or other valuable thing shall be received or bought from the thief, robber, or person so obtaining, taking, or converting them, or from any other person, or shall receive, harbor or conceal any thief or robber knowing him to be so, shall be guilty of a gross misdemeanor; and if such person is shown to have or to have had possession of such goods, chattels, choses in action, or other valuable thing within six months from the date of such stealing, robbery or unlawful or fraudulent obtaining such possession shall be deemed sufficient evidence to authorize conviction, unless such person shows to the satisfaction of the jury either (1) that the goods or chattels or choses in action or other valuable thing were, considering the relations of the parties thereto and in circumstances thereof, a gift; or (2) that the amount paid for the goods, chattels, choses in action, or other valuable thing represented their fair and reasonable value; or (3) that the person buying such goods, chattels, choses in action, or other valuable thing knew of his own knowledge or made inquiries sufficient to satisfy a reasonable man that the seller was in a regular and established business for dealing in goods, chattels, choses in action, or other valuable thing of the description of the goods purchased; or (4) that the person receiving or buying such goods, chattels, choses in action, or other valuable thing, has simultaneously with the receipt or sale reported the transaction to the police authorities of the municipality in which he resides.


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ê1931 Statutes of Nevada, Page 197 (CHAPTER 117, AB 258)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 take effect from and after its passage and approval.

 

Repeal

In effect

 

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CHAPTER 118, AB 257

[Assembly Bill No. 257–Mr. Finney]

 

Chap. 118–An Act authorizing and empowering the board of county commissioners of Clark County, State of Nevada, to issue bonds for the construction, equipment and maintenance of a county hospital in said county, and other matters properly connected therewith.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of constructing and equipping a county hospital at Las Vegas, Clark County, Nevada, the board of county commissioners of Clark County, Nevada, is hereby authorized and empowered to issue bonds in the name of Clark County in the sum of one hundred thousand dollars, said bonds to be known as the “Clark County Hospital Bonds.”

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

      Sec. 3.  The said bonds may be issued on the same or different dates in the discretion of the commissioners of Clark County. The bonds shall be numbered consecutively. The said board of county commissioners is authorized to issue and to negotiate the sale of said bonds from time to time as the said board deems necessary, to the highest responsible bidders, for cash, at a price not less than their par value, or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “Clark County Hospital Funds,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer of said county in payment of obligations contracted under the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

$100,000 bond issue for county hospital at Las Vegas

 

 

County commissioners to prepare and issue bonds

 

 

 

Commissioners to negotiate sale of bonds


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ê1931 Statutes of Nevada, Page 198 (CHAPTER 118, AB 257)ê

 

Denomination of bonds

 

 

 

 

Redemption of bonds

 

 

 

 

Tax levy to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

Legality of bonds not open to contest

 

Disposition of balance of fund

 

Faith of state pledged

      Sec. 4.  The said bonds shall be of the denomination of one thousand dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable semiannually on the first day of July and the first day of January of each year after the issuance of said bonds until paid in full. The commissioners of Clark County shall fix the various maturities of the bonds issued; provided, however, that said bonds and each of them shall mature and be redeemed at a time not later than twenty years from the date of issue. Said bonds shall be redeemed and paid according to the terms and maturities until the whole amount of said bonds so issued, together with interest, shall have been redeemed and paid.

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

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

      Sec. 7.  Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall remain in said fund for the maintenance of said hospital.

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


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

ê1931 Statutes of Nevada, Page 199 (CHAPTER 118, AB 257)ê

 

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

In effect

 

________

 

CHAPTER 119, AB 248

[Assembly Bill No. 248–Mr. Noble]

 

Chap. 119–An Act to amend section 2 of an act entitled “An act to provide for the organization, management and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith,” approved March 23, 1921, being section 1576 Nevada Compiled Laws 1929.

 

[Approved March 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 so as to read as follows:

      Section 2.  Such corporation may or may not have capital stock and its business shall be operated for the mutual benefit of the members thereof. No member of this cooperative corporation shall have more than one vote in the management of its affairs. The corporation shall not pay dividends on stock or membership certificates in excess of 8 per cent per annum. The corporation or association, as it may be called, may deal in the products of nonmembers, but not to an amount greater in value than such as are handled by it for members.

      Any person or any number of persons, including and in addition to the original incorporators, may become members of such corporation upon such terms and conditions as to membership, and subject to such rules and regulations as to their, and each of their, contract and other rights and liabilities between it and the member, as the said corporation shall prescribe in its by-laws. The corporation shall issue a certificate of membership to each member, but the said membership, or the said certificate thereof, shall not, except as herein provided, be assigned by any member to any other person, nor shall the assigns thereof be entitled to membership in the corporation, or to any property rights or interest therein. The board of directors may, however, by motion duly adopted by it, consent to such assignment or transfer, and to the acceptance of the assignee or transferee as a member of the corporation. The corporation shall also have the right, by its by-laws, to provide for or against the transfer of membership and for or against the assignment of membership certificates, and also the terms and conditions upon which any such transfer or assignment shall be allowed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No capital stock; dividends limited

 

 

 

 

 

 

 

 

 

Certificates of membership

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 200ê

CHAPTER 120, AB 251

 

 

 

 

 

 

 

 

 

 

 

 

 

State treasurer to annually report to governor

 

 

 

 

In effect

[Assembly Bill No. 251–Mr. Pearce]

 

Chap. 120–An Act to amend section 5 of an act entitled “An act defining the duties of state treasurer,” approved February 2, 1866, as amended, being section 7535 Nevada Compiled Laws 1929.

 

[Approved March 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, being section 7535 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 5.  He shall deliver to the governor, on the first day of July, or within sixty days thereafter, annually, a full exhibit of all moneys received by him into and paid out of the treasury, showing, under separate and appropriate heads, from what sources received and for what particular object or service the same has been paid out by him; and shall give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.

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

 

________

 

CHAPTER 121, AB 237

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of employees in various state departments

[Assembly Bill No. 237–Mr. Hamlin]

 

Chap. 121–An Act to amend section 1 of an act entitled “An act regulating the salaries of certain employees in the various state offices and departments, ”approved March 30, 1929, being section 7562 Nevada Compiled Laws 1929.

 

[Approved March 24, 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 7562 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 1.  From and after the passage and approval of this act each stenographer, typist or clerk, and assistant state librarian, except the chief clerk in the motor vehicle department, the clerk in the office of the state inspector of mines, the chief clerk in the bank examiner’s department and the chief clerk in the office of the state controller, employed in any of the various offices of elective officers of the State of Nevada, and the bank examiner, labor commissioner, public service commission, department of highways, state engineer, and state library, shall receive as salary for the first two years of employment, one hundred and twenty-five ($125) dollars per month; for the second two years of employment, one hundred and forty ($140) dollars per month; after four years of employment one hundred and fifty ($150) dollars per month; which shall be the maximum salary of such stenographer, typist and clerks; provided, however, that nothing herein contained shall be construed so as to reduce the compensation now authorized by law to be paid any stenographer, typist or clerk.


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ê1931 Statutes of Nevada, Page 201 (CHAPTER 121, AB 237)ê

 

salary for the first two years of employment, one hundred and twenty-five ($125) dollars per month; for the second two years of employment, one hundred and forty ($140) dollars per month; after four years of employment one hundred and fifty ($150) dollars per month; which shall be the maximum salary of such stenographer, typist and clerks; provided, however, that nothing herein contained shall be construed so as to reduce the compensation now authorized by law to be paid any stenographer, typist or clerk.

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

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

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 122, AB 233

[Assembly Bill No. 233–Mr. Sadler]

 

Chap. 122–An Act requiring the surveyor general to establish the boundary line between Eureka and Lander Counties, providing how and when such boundary line shall be established, and providing for the expense of the survey, and other matters relating thereto.

 

[Approved March 24, 1931]

 

      Whereas, The county boundary line between Lander and Eureka Counties is indefinite and uncertain; and

      Whereas, Such indefiniteness and uncertainty is seriously affecting the taxation of property in said counties; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of the surveyor general of the State of Nevada to proceed without delay to establish the boundary line between Eureka and Lander Counties.

      Sec. 2.  The expense of the survey shall be borne equally by Eureka County and Lander County, and shall be paid as other claims are audited and paid.

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

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

Duties of surveyor general

 

Expense, how paid

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 202ê

CHAPTER 123, AB 231

 

 

 

 

 

 

 

 

 

 

 

 

 

Justice of peace must certify to certain facts prior to receiving salary

 

 

 

In effect

[Assembly Bill No. 231–Mr. Dunseath]

 

Chap. 123–An Act to amend an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865.

 

[Approved March 24, 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 follow section 8394 Nevada Compiled Laws 1929, which said section shall be numbered 8394 1/2, which shall read as follows:

      Section 8394 1/2.  No justice of the peace shall be entitled to receive any monthly payment of salary unless he shall file with the county auditor his affidavit stating that no cause or matter is under submission and remains undecided by him for a longer period than thirty days. County auditors shall refuse to deliver any salary warrant until such affidavit is filed in his office. Such affidavits shall not be retained or preserved by the auditor for a longer period than one year after the filing thereof.

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

 

________

 

CHAPTER 124, AB 230

 

 

 

 

 

 

 

 

 

 

$16,000 bond issue for Churchill County

 

 

 

 

 

 

Denomination of bonds

[Assembly Bill No. 230–Mr. Noble]

 

Chap. 124–An Act providing for the issuance of bonds of Churchill County for the purpose of furnishing transportation for high school pupils.

 

[Approved March 24, 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 Churchill County is hereby authorized and directed to issue bonds of said county, in the sum of sixteen thousand dollars ($16,000), the same to be signed by the chairman of said board and its clerk and the treasurer of said county, and authenticated by the official seal of said county, and coupons representing the several installments of interest to fall due thereon to be attached to each bond, numbered consecutively and signed by the county treasurer, or bearing the printed facsimile of his signature.

      Sec. 2.  The said bonds shall be payable in gold coin of the United States and shall be of the denomination of one thousand dollars ($1,000) each. They shall be numbered consecutively and bear interest at a rate not exceeding six per centum per annum, said interest payable semiannually on the first day of July and on the first day of January of each year after the issuance of said bonds until paid in full.


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ê1931 Statutes of Nevada, Page 203 (CHAPTER 124, AB 230)ê

 

per centum per annum, said interest payable semiannually on the first day of July and on the first day of January of each year after the issuance of said bonds until paid in full. The said board of county commissioners shall fix the respective maturity dates of the bonds so issued, but each and all of said bonds shall mature and be redeemed within ten years from the date of issue, and both said bonds and interest coupons shall be payable at the office of the treasurer of said county in the city of Fallon.

      Sec. 3.  The said board of county commissioners shall sell said bonds to the highest responsible bidder for cash at a price not less than their par value, and the proceeds of such sale shall be placed in a fund to be known as the “High School Transportation Fund,” and may be withdrawn and expended by the board of education of said county only for the purposes set out in section 5828 of Nevada Compiled Laws 1929, as amended by act approved February 20, 1931, in the manner provided by law for payments from the county high school fund.

      Sec. 4.  Should the holder of any bond or bonds issued under this act for any cause whatever fail to present the same to the county treasurer for payment when due, all interest thereon shall thereupon immediately cease.

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon the said board of county commissioners, at the time of levying taxes for state and county purposes and in the same manner, shall annually levy and assess a special tax on all the taxable property of said county in an amount sufficient to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as they shall mature, and the county treasurer shall collect the same as other taxes are collected, keeping the same separate from other funds received by him, and shall cause said interest to always be promptly paid and shall make payment of the principal of said bonds, as they respectively become due, upon the presentation and surrender of said bonds and coupons; and any balance remaining in any fund hereby created after the accomplishment of the said purposes shall be covered into and become a part of the county high school fund.

      Sec. 6.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation hereby imposed be omitted until all of the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

      Sec. 7.  This act shall become effective upon its passage and approval.

 

 

 

 

 

 

County commissioners to negotiate sale of bonds

 

 

 

 

 

 

Interest to cease, when

Tax levy to pay interest and redeem bonds

 

 

 

 

Duties of treasurer

 

 

 

Disposition of balance in fund

Faith of state pledged

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 204ê

CHAPTER 125, AB 227

 

 

 

 

 

 

 

 

 

 

State detective act repealed

 

In effect

[Assembly Bill No. 227–Mr. Dalzell]

 

Chap. 125–An Act to repeal an act entitled “An act to authorize the appointment of state detectives,” approved March 5, 1885.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act to authorize the appointment of state detectives,” approved March 5, 1885, being sections 7465 to 7470 Nevada Compiled Laws 1929, is hereby repealed.

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

 

________

 

CHAPTER 126, AB 236

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Living expenses not to exceed $6 per day

 

 

Expenses of auto travel limited

[Assembly Bill No. 236–Committee on Ways and Means]

 

Chap. 126–An Act to amend section 2 of an act entitled “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith,” approved February 3, 1928, being section 6943 Nevada Compiled Laws 1929.

 

[Approved March 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, being section 6943 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 2.  When any district judge, state officer, commissioner, or representative of the state, or other state employee shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such expenses shall include his actual living expenses, not to exceed six dollars per day, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical or in case where a part of the route traveled is impractical or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed ten cents per mile so traveled.


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ê1931 Statutes of Nevada, Page 205 (CHAPTER 126, AB 236)ê

 

by private conveyance an amount not to exceed ten cents per mile so traveled.

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

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

 

 

Repeal

In effect

 

________

 

CHAPTER 127, AB 232

[Assembly Bill No. 232–Mr. Spradling]

 

Chap. 127–An Act to amend section 10 of an act entitled “An act to amend sections 10, 13, 14, 16, and 19 of an act entitled ‘An act to incorporate Carson City,’ approved February 25, 1875, as amended March 2, 1877, as amended March 5, 1879, as amended March 6, 1889, as amended March 8, 1895, as amended March 17, 1905, as amended February 28, 1907, as amended March 11, 1921,” approved March 29, 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 10.  The board of trustees shall have the following powers:

      First-To institute and maintain any suit or suits of said city in the proper court or courts whenever, in their judgment, necessary to maintain or enforce any right or rights of said city, and they may, in like manner, defend all actions brought against said city.

      Second-They shall annually levy a tax of not less than one-quarter of one per cent, and not exceeding three-quarters of one per cent, on all the assessed value of all the real and personal property situated in said city, and by law made taxable for state and county purposes.

      Third-To lay out, extend, change, or close the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lighting, or otherwise improving the same; and, also, to provide for the construction, repair, preservation, grade, and width of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets, alleys, and sidewalks, drains and sewers of said city; provided, that said board of trustees may, in its discretion, assess the cost of any part thereof for improving any street, or repairing or building any sidewalk, street, drain, or sewer, to the owner or owners of any property in front of which said street or sidewalk or proposed sidewalk is or will be, and may make such cost of building, repairing, or improvement a lien upon such property; provided further, that said cost of building, repairing, or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for state and county taxation purposes next preceding the time of making such street or sidewalk, drain, or sewer, or repairing or improving the same, as the case may be.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of trustees of Carson City


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

ê1931 Statutes of Nevada, Page 206 (CHAPTER 127, AB 232)ê

 

Powers and duties of trustees of Carson City

such cost of building, repairing, or improvement a lien upon such property; provided further, that said cost of building, repairing, or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for state and county taxation purposes next preceding the time of making such street or sidewalk, drain, or sewer, or repairing or improving the same, as the case may be.

      Fourth-To provide by ordinance for the care and preservation of all trees and shrubbery within the city and to regulate the planting and destruction thereof; provided, that said board of trustees may, in its discretion, assess the cost for the care and preservation, planting, trimming, or removal of any of said trees or shrubbery to the owner or owners of the property on which the same may be; or if on the sidewalk or street to the owner or owners of the property abutting the portion of the sidewalk or street on which said trees or shrubbery may be or may have been. Upon the neglect or refusal of said property owner or owners to pay the costs so assessed within a time to be specified, then, and in such case, the said cost or costs so assessed shall become a lien upon said property.

      Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate, and disband fire or hose companies in said city.

      Sixth-To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city.

      Seventh-To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal, and prevention of the same; to provide by ordinance for the removal of any refuse, weeds, or other growth, unsightly, insanitary, offensive, or a fire hazard upon any lot or lots or in or about any premises within the city limits; to provide by ordinance that the cost of abating any nuisance existing upon private property and the cost of removal of any refuse, weeds, or other growth, unsightly or obnoxious matter or material, be made a lien upon the property on which said nuisance existed or from which said refuse, weeds, or other growth, unsightly or obnoxious matter or material has been removed, and to provide that the amount of such lien may be levied and assessed against the property as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied and assessed in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and at the same time and in the same manner, and shall continue to be a lien upon the property assessed until paid; provided, that at any time after the special assessment has become payable the same may be collected, or the lien created enforced, by a suit in the name of the city in any court of competent jurisdiction.


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ê1931 Statutes of Nevada, Page 207 (CHAPTER 127, AB 232)ê

 

in the same manner, and shall continue to be a lien upon the property assessed until paid; provided, that at any time after the special assessment has become payable the same may be collected, or the lien created enforced, by a suit in the name of the city in any court of competent jurisdiction.

      Eighth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating houses, boarding houses, lodging houses, bankers, brokers, gold-dust or bullion dealers, manufactories, livery stables, garages, express companies; persons or corporations engaged in carrying letters, packages, or freight, railroads, and stage companies, or the owners of railroads, stage or stage lines, having an office, agency, or place of business in said city, or running through said city; to license, tax, and regulate auctioneers and stock brokers within said city; and license, tax, and regulate all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of the state), pawnbrokers, refreshment and coffee stands, booths and sheds within the city; and to regulate or prohibit prostitution within the city; to license, tax, regulate, or prohibit prostitutes, houses of ill-fame, unlicensed and disorderly houses, gaming houses, hurdy-gurdy houses, or dance houses, within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to provide for the impounding, redemption, and sale of all such animals found running at large in said city, and to provide for their destruction upon being unable to find a buyer therefor; and to fix and have collected a license tax on all trades, professions, and classes of business carried on in said city and not hereinbefore specified.

      Ninth-To provide for the issuance of all licenses in this act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued.

      Tenth-To punish, restrain, and prevent any disorderly conduct within the city.

      Eleventh-To hold, manage, use, and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sale of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

Powers and duties of trustees of Carson City


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

ê1931 Statutes of Nevada, Page 208 (CHAPTER 127, AB 232)ê

 

Powers and duties of trustees of Carson City

      Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said board of trustees to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but, in case of imprisonment, any person committed for punishment after conviction may be made to work during the term of such imprisonment on any public street or works of said city, and the city marshal or street inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work.

      Thirteenth-To establish a board of health, and to prevent the introduction and spread of disease.

      Fourteenth-To condemn property for the use of the inhabitants of the city, in the manner hereinafter provided. The board of trustees shall appoint one referee, and the claimant or claimants or owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said board of trustees, and shall be by them regarded as final and binding unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property, interest, or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of the city, and said board of trustees may, at any time after twenty days’ notice, cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by said trustees, to appoint a referee to value such property, then said board of trustees shall appoint a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to the right of appeal, as hereinbefore provided; but no act of condemnation of property, or any claim of interest therein as herein provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.


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ê1931 Statutes of Nevada, Page 209 (CHAPTER 127, AB 232)ê

 

provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

      Fifteenth-To appoint a city marshal as the board of trustees shall, from time to time, determine, said marshal to be under the direction and control of the said board of trustees; and the said board of trustees shall have the power to remove the marshal from office at pleasure upon good cause shown therefor, and, upon a charge being preferred, to suspend said marshal until the charge shall have been passed upon finally.

      To cause the city marshal to appoint one or such number of policemen as the board of trustees shall from time to time determine who shall be under the direction and control of the marshal as head of the police force of the city, but such appointment shall be of no validity whatever until the same shall have been approved by said board of trustees, and the said board of trustees shall have power to remove any such policeman from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have been passed upon finally.

      Sixteenth-To contract, upon such terms and conditions as in the judgment of the said board of trustees may be for the best interests of the citizens of said city, for an adequate supply of water for sewer, fire, or other municipal purposes; and to let, rent, sell, or dispose of the sewerage water discharged from the sewers of said city, for such periods of time and upon such terms and conditions as in the judgment of said board of trustees may be for the best interests of the citizens of said city.

      Seventeenth-To adopt and pass all ordinances, resolutions, rules, and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said board shall not have the power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance; and provided further, that it shall be the duty of the board of trustees to cause to be published, in a newspaper published in Carson City, the list of claims allowed for the preceding month, said list to state the name of the person, company, or corporation to whom allowed and the amount thereof, and to be published but for one issue and within one week after the regular monthly meeting of said board of trustees.

Powers and duties of trustees of Carson City


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

ê1931 Statutes of Nevada, Page 210 (CHAPTER 127, AB 232)ê

 

 

 

 

 

 

 

Repeal

In effect

shall be the duty of the board of trustees to cause to be published, in a newspaper published in Carson City, the list of claims allowed for the preceding month, said list to state the name of the person, company, or corporation to whom allowed and the amount thereof, and to be published but for one issue and within one week after the regular monthly meeting of said board of trustees.

      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 211ê

CHAPTER 128, AB 224

[Assembly Bill No. 224–Mr. Georgetta]

 

Chap. 128–An Act to amend section 72 of an act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation, providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also, repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office, and other matters relating thereto,’ approved February 20, 1909,” approved March 22, 1913, as amended, being section 7957 Nevada Compiled Laws 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 72 of the above-entitled act, being section 7957 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 72.  As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water has been perfected in accordance with the provisions of this act, said state engineer shall issue to said applicant,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate issued by state engineer


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

ê1931 Statutes of Nevada, Page 212 (CHAPTER 128, AB 224)ê

 

Certificate issued by state engineer

 

 

 

 

 

 

 

 

Provisions regarding alien or foreign corporation

 

 

 

Repeal

In effect

shall issue to said applicant, his assign or assigns, a certificate setting forth the name and post-office address of the appropriator, his assign or assigns, date, source, purpose and amount of appropriation; and if for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which said water is appurtenant, together with the number of the permit under which such certificate is issued, which certificate shall, within thirty (30) days after its issuance, be sent by mail to the recorder of the county in which such water is diverted from its source, as well as to the recorder of the county in which the water is used, to be recorded in books specially kept for that purpose, and the fee for recording such certificate, which is hereby fixed in the sum of one dollar ($1) for each county in which said record is made, shall be paid in advance to the state engineer by the party in whose favor the certificate is issued; provided, that no final certificate of appropriation or certificate granting a change in the place of diversion, manner of use or place of use of water already appropriated shall be issued to an applicant who is not a citizen of the United States over the age of twenty-one years or to a firm or company which is not a corporation authorized to do business in 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 become effective from and after its passage and approval.

 

________

 

CHAPTER 129, AB 221

 

[Assembly Bill No. 221–Washoe County Delegation]

 

Chap. 129–An Act to amend section 1 of an act entitled “An act authorizing and directing the board of capitol commissioners of the State of Nevada to lease to the city of Reno for a period of ninety-nine years the Nevada state building situated in the city of Reno, subject to certain conditions and reservations, and other matters relating thereto,” approved April 2, 1929.

 

[Approved March 24, 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 .... N. C. L. 1929, is hereby amended so as to read as follows:

      Section 1.  In consideration of the payment of the sum of one dollar, the board of capitol commissioners of the State of Nevada is hereby authorized and directed to forthwith execute and deliver for and on behalf of the State of Nevada to the city of Reno a good and sufficient agreement, releasing all the right, title and interest of the State of Nevada in and to said Nevada state building, and all the lands belonging thereto, for a period of ninety-nine (99) years, subject, however, to the right of the state of Nevada, during the life of the lease, without cost or charges, to use space in said building now occupied for housing the following: First, the Nevada historical society; second, the state militia; third, the county exhibits; fourth, the Nevada state police; fifth, the state fish and game commission; sixth, the state highway department; seventh, ex-service men’s organizations; and the space so allotted is to be furnished to the State of Nevada and maintained at all times, in a suitable condition for the purposes intended, free from any expense or cost during the term of this lease.


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

ê1931 Statutes of Nevada, Page 213 (CHAPTER 129, AB 221)ê

 

Nevada to the city of Reno a good and sufficient agreement, releasing all the right, title and interest of the State of Nevada in and to said Nevada state building, and all the lands belonging thereto, for a period of ninety-nine (99) years, subject, however, to the right of the state of Nevada, during the life of the lease, without cost or charges, to use space in said building now occupied for housing the following: First, the Nevada historical society; second, the state militia; third, the county exhibits; fourth, the Nevada state police; fifth, the state fish and game commission; sixth, the state highway department; seventh, ex-service men’s organizations; and the space so allotted is to be furnished to the State of Nevada and maintained at all times, in a suitable condition for the purposes intended, free from any expense or cost during the term of this lease. The right of the state militia to use at all reasonable times the state auditorium for armory drills and other military purposes shall not be abridged or denied.

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

Capitol commissioners to lease building for ninety-nine years; certain rights retained

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 130, AB 216

[Assembly Bill No. 216–Mr. Kenny]

 

Chap. 130–An Act to amend section 11 of an act entitled “An act to regulate the registration of electors for general, special, and primary elections,” approved March 27, 1917, as amended, being section 2370 Nevada Compiled Laws 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being section 2370 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 11.  Before the opening of registration for any election, the county clerk shall prepare a list of the persons whose names remain on the official register of each precinct, except the precincts at the county seat of the county, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered and the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be. Registration offices shall be open for registration of voters for any primary or general election, Sunday and legal holidays excepted, from and after the first day of May in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning registration of voters


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

ê1931 Statutes of Nevada, Page 214 (CHAPTER 130, AB 216)ê

 

 

 

 

 

 

 

Office of registrar open evenings

 

 

 

 

 

 

 

 

 

Repeal

In effect

day of May in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that the office of the county clerk, as ex officio registrar, shall be open for registration of voters for any election, other than a primary or general election, for not more than 60 days nor less than 20 days prior to the date of such election, at such times as said office is open for the transaction of his business as county clerk; provided further, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precinct in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. The county clerk shall, immediately after filling out the registry card as herein provided, and as soon after receipt of cards from the deputy registrar as possible, enter upon the official register of the county, in the proper precinct, the full information concerning any elector as shown by such cards.

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

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

 

________

 

CHAPTER 131, AB 219

 

 

 

 

 

 

 

 

 

 

 

 

 

$25,000 bond issue for hospital mental diseases

[Assembly Bill No. 219–Committee on State Prison and Insane Asylum]

 

Chap. 131–An Act to provide for the remodeling of the unfinished portion of the main building at the Nevada hospital for mental diseases, providing a bond issue therefor, and other matters properly relating thereto.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The governor, state controller and state treasurer are hereby constituted a commission, and are hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of twenty-five thousand ($25,000) dollars. Said bonds shall be in denominations of one thousand ($1,000) dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance.


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

ê1931 Statutes of Nevada, Page 215 (CHAPTER 131, AB 219)ê

 

Said bonds shall be signed by the governor, and indorsed by the state treasurer and countersigned by the state controller and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of not to exceed five per centum per annum, payable semiannually, January first and July first of each year, and shall be payable within ten years from the date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. If there shall not be money available in the funds above mentioned, said bonds may be sold at public or private sale. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as “Nevada Hospital for Mental Diseases Building Fund.” At least one of said bonds shall be redeemed at each interest-paying period, beginning July 1, 1932, and none of said bonds shall run for a longer period than fifteen years.

      Sec. 3.  There shall be annually levied an ad valorem tax of not less than one mill on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the Nevada hospital for mental diseases building, interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act.

      Sec. 4.  The board of commissioners of the Nevada hospital for mental diseases is hereby authorized and directed to complete the remodeling of the unfinished portion of the main building and all equipment and furnishings thereof at a cost not to exceed the sum of twenty-five thousand ($25,000) dollars. Said board, on or before the first day of May, 1931, may employ a competent architect to prepare and submit plans and specifications to said board for the construction work and heating and lighting system therefor, and when said plans and specifications are approved by the board, said board may advertise for a period of two weeks for sealed bids for the construction and completion of said building and the heating and lighting system therefor in accordance with the specifications, which shall be on file subject to inspection. Said board shall let the contract for the construction and completion of said building and the heating and lighting system therefor to the lowest responsible bidder; provided, that any and all bids may, for sufficient reason, be rejected.

 

 

 

 

 

Disposition of bonds

 

 

 

 

 

 

 

 

 

 

Ad valorem tax to redeem bonds

 

 

 

 

Duties of hospital board


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

ê1931 Statutes of Nevada, Page 216 (CHAPTER 131, AB 219)ê

 

Further duties of board

 

 

 

 

 

 

 

 

 

 

In effect

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

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

 

________

 

CHAPTER 132, AB 220

 

 

 

 

 

 

 

 

Relating to preservation of cacti and other desert flora

[Assembly Bill No. 220–Mr. Finney]

 

Chap. 132–An Act to prevent the removal, picking or destruction of cacti or other desert flora upon any lands belonging to or under the control of the State of Nevada, and providing a penalty for the violation thereof.

 

[Approved March 24, 1931]

 

      Whereas, It appears that the State of Nevada is abundantly provided with cacti of varying kinds and descriptions; and

      Whereas, It appears that said cacti is of great value to the State of Nevada by reason of its beauty and scenic value; and

      Whereas, The states adjoining the State of Nevada, wherein such cacti flourishes, have passed laws forbidding the removal or destruction of such cacti; and

      Whereas, By reason thereof and because of the lack of such law in Nevada, the people of this state and the surrounding and adjoining states, and from other parts of the country, have removed, picked, destroyed and taken away a great quantity of the cacti of this state; and

      Whereas, If adequate legislation is not had the State of Nevada will soon be entirely depleted of cacti, in all of its kinds, forms and species; now therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act it will be unlawful for any person, firm, company or corporation to remove, pick or destroy any cacti or other desert flora from or upon any of the lands owned by or under the control of the State of Nevada, without first having received authority so to do from the board of county commissioners of the county in which such cacti or other desert flora may be.


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

ê1931 Statutes of Nevada, Page 217 (CHAPTER 132, AB 220)ê

 

flora from or upon any of the lands owned by or under the control of the State of Nevada, without first having received authority so to do from the board of county commissioners of the county in which such cacti or other desert flora may be.

      Sec. 2.  Every person violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than ten ($10) dollars and not more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than five days nor more than three months for each and every violation of this act. The provisions of this act shall not apply to persons picking cacti or other desert flora for the use and adornment of homes and gardens within the state of Nevada.

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

Unlawful to destroy certain desert plants

 

Penalty for violation of act

 

 

 

 

 

In effect

 

________

 

CHAPTER 133, AB 213

[Assembly Bill No. 213–Mr. Mulcahy]

 

Chap. 133–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, as amended March 3, 1931.

 

[Approved March 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, 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; also, nonprofit private schools, with lots appurtenant thereto, and furniture and equipment.

      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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property exempt from taxation

 

 

 

 

 

 

Certain mines and mining claims


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

ê1931 Statutes of Nevada, Page 218 (CHAPTER 133, AB 213)ê

 

Churches, etc.

 

Proviso

 

 

Secret societies

 

 

 

 

 

 

Free cemeteries

 

Widows, orphans, and the totally blind

 

 

 

 

 

 

 

War veterans

 

 

 

 

 

 

 

 

 

University fraternities

      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.

      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 thereto, 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.


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

ê1931 Statutes of Nevada, Page 219 (CHAPTER 133, AB 213)ê

 

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.

 

 

In effect

 

________

 

CHAPTER 134, AB 194

[Assembly Bill No. 194–Mr. Pearce]

 

Chap. 134–An Act authorizing the public service commission of Nevada to employ an inspector, fixing his compensation, providing for necessary traveling expenses and subsistence, and other matters relating thereto.

 

[Approved March 24, 1931]

 

      Whereas, There has been collected in motor vehicle road taxes or licenses $48,292 for the year 1930; and

      Whereas, Complaint is made by established auto truck and stage operators that the motor vehicle common carrier license act is not being adequately enforced, resulting in lack of protection and permitting unlicensed operators to come into competition with them and with loss of revenue for the support of the state highways; and

      Whereas, This source of income is becoming an important revenue department, and is worthy of support in order to secure protection for established operators that are regularly paying taxes, and to accord adequate protection to our highways the services of a field inspector is necessary; and

      Whereas, There is much other field work for such an inspector in making service checks for the proper regulation of truck and stage lines and other public utilities; and

      Whereas, Because of their complexity, the public does not understand that applicable tariffs, rules and regulations, or, in fact, all of the services and facilities to which they are entitled without the aid of the commission; and

      Whereas, In order to bring the services of the commission closer to and more effectively in touch with the consumers or patrons of these utilities; and

      Whereas, This can be accomplished in connection with the better administration and enforcement of the aforesaid road taxes or licenses; and

      Whereas, Such inspector’s salary and expenses can be largely, if not wholly, taken care of by increased road taxes by the more effective administration of the act;

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The public service commission of Nevada is authorized to employ an official inspector to carry out the purposes of this act and perform such other duties as may be assigned to him by the public service commission at a salary of $2,400 per annum, and to make provisions for an automobile at an average cost of $400 per annum; and $2,400 per annum to cover the traveling expenses of the inspector and the maintenance and operation of the automobile, or a total of $5,200 per annum, to be subdivided as follows:

 

 

 

 

 

 

 

 

Relating to collection of motor vehicle common carrier licenses


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

ê1931 Statutes of Nevada, Page 220 (CHAPTER 134, AB 194)ê

 

 

Public service commission to appoint official inspector

 

Salary and expenses of inspector

 

 

 

Commission to make rules and regulations

 

 

 

 

 

Appropriation $12,800

 

 

In effect

purposes of this act and perform such other duties as may be assigned to him by the public service commission at a salary of $2,400 per annum, and to make provisions for an automobile at an average cost of $400 per annum; and $2,400 per annum to cover the traveling expenses of the inspector and the maintenance and operation of the automobile, or a total of $5,200 per annum, to be subdivided as follows:

      For the first six months of 1931, automobile for inspector, $800; inspector’s salary, $1,200; inspector’s traveling expenses and maintenance and operation of automobile, $1,200; and for the biennial years 1931 and 1932, inspector’s salary, $2,400 per annum, and for traveling expenses and maintenance and operation of automobile, $2,400 per annum, or a total of $12,800 for the period ending June 30, 1933.

      Sec. 2.  The commission shall have power to make necessary rules and regulations to make the administration of this act effective and to change inspectors whenever the service required justifies. The commission shall also have power to call on the various county sheriffs and other peace officers for such assistance as may be necessary to enforce the payment of these road taxes, and it shall be the duty of such peace officers to make arrests for this purpose.

      Sec. 3.  For the purpose of carrying out the provisions of this act there is hereby appropriated out of the highway fund the sum of twelve thousand eight hundred ($12,800) dollars, to be paid out under the direction of the public service commission of the State of Nevada and allowed as other claims against the state.

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

 

________

 

CHAPTER 135, AB 192

 

[Assembly Bill No. 192–Mr. Spradling]

 

Chap. 135–An Act to amend section 3 of an act entitled “An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act,” approved February 6, 1928, being section 7032 Nevada Compiled Laws 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 3 of an act entitled “An act to authorize the deposit of state moneys in banks of this state, and to repeal all acts and parts of acts in conflict with this act,” approved February 6, 1928, being section 7032 Nevada Compiled Laws 1929, is amended to read as follows:


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

ê1931 Statutes of Nevada, Page 221 (CHAPTER 135, AB 192)ê

 

approved February 6, 1928, being section 7032 Nevada Compiled Laws 1929, is amended to read as follows:

      Section 3.  All funds deposited by the state treasurer and the county treasurers operating under the provisions of section 2 of this act shall be secured by bonds of the United States or issued under authority of the United States, or bonds of this state, or of any county, or municipality, or school district, or irrigation district within the state, or bonds listed on the New York stock exchange, deposited by the depositary bank with the state treasurer in an amount in value equal to the amount of state moneys deposited; provided, that not more than twenty-five per cent in value of the bonds so deposited by the depositary bank may consist of bonds listed on said exchange. Such bonds and securities shall be approved in writing by the board of examiners and the treasurer. In computing value of bonds, interest shall not be included, and, except in case of conversion as hereinafter provided, interest on bonds, when due, shall be payable to owner of bonds deposited as security. Or such deposits may be secured by a depositary bond given by the depositary bank and an approved surety or bonding company, the premium on such bonds to be paid by the bank. Said depositary bond, and the surety or sureties, and the form thereof, shall be approved by the treasurer and the board of examiners, and shall be in an amount and penal sum of not less than the amount of the deposit. The treasurer or board of examiners may from time to time require such a deposit of such additional bonds and securities, or the giving of such additional depositary bond, as in their judgment shall be necessary to secure such deposits. Said bonds, or any part thereof, may be withdrawn on the written consent of the treasurer and the board of examiners; provided, that a sufficient amount of said bonds to secure said deposits shall always be kept by the state treasurer. In the event that any bank or banks, depositary of said money, shall fail to pay any deposit or deposits, or any part thereof, on demand of the said treasurer, then it shall be the duty of the state treasurer, with the written approval of the state board of examiners, to forthwith convert into money so much of said bonds or securities and interest as may be necessary to pay such deposit then due the state, and to disburse the same according to law. In the event that any deposit is secured by a depositary bond, as hereinbefore provided, upon failure of such bank to pay the amount of deposit on demand, the treasurer shall immediately commence action in the name of the state against such bank and the sureties on the depositary bond for the amount due the state from such depositary bank, together with all costs of any court action.

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

 

 

All funds deposited must be secured to full value; treasurer custodian of securities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure on failure of bank or banks to pay deposit on demand

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 222ê

CHAPTER 136, AB 190

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of city clerk

 

 

 

 

Salary city attorney

 

 

 

 

Duties of chief of police; salary

 

 

 

 

 

 

 

 

Chief of fire department; salary

[Assembly Bill No. 190–Mr. Black]

 

Chap. 136–An Act to amend 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.”

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

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

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

      Section 4.  The city attorney shall receive a salary of $2,400 per annum, payable from and after the passage of this act, which sum shall be paid in twelve monthly installments.

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

      Section 3.  The chief of police shall execute all processes issuing from the municipal court. In his absence or inability to act, his assistant may act in his place. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to said city, which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the city council shall require, and shall be approved by said council. The duties of said chief of police may be more fully defined and provided for by such ordinances of the city council as it shall from time to time enact. The chief of police shall receive a salary in the sum of not to exceed $3,000 per annum, payable in equal monthly installments.

      Sec. 4.  Section 7 of article X is hereby amended so as to read as follows:

      Section 7.  The chief of the fire department may, with the consent of, and subject to the confirmation of the city council, appoint an assistant chief of the fire department, who shall have all the powers and duties of the chief during the absence or inability of such chief to act. The salary of such assistant and all firemen shall be fixed by ordinance. The chief of the fire department shall receive a salary in the sum of $3,000 per annum.

      Sec. 5.  Section 4 of article XI is hereby amended so as to read as follows:


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ê1931 Statutes of Nevada, Page 223 (CHAPTER 136, AB 190)ê

 

      Section 4.  The city engineer and superintendent of streets shall receive a salary in the sum of $3,600 per annum, payable in equal monthly installments.

      Sec. 6.  Section 7 of article XII is hereby amended so as to read as follows:

      Section 7.  The style of ordinances shall be as follows: “The City Council of the City of Reno do ordain,” and all proposed ordinances when first proposed shall be read by title to the city council, and referred to a committee for a consideration, and said committee shall report said ordinances back to the council at the next regular meeting, when said ordinances shall be read in full as first introduced, or, if amended, as amended, and shall be adopted or revoked as finally read.

      After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published twice in a daily paper published in the city of Reno before the same shall go into effect, except as provided in section 10, subdivision second, article XII of this chapter.

      In all prosecutions for the violation of any of the provisions of this charter, or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of this charter and of such ordinance, rule, resolution or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution or other regulation of the city council, but the same may be pleaded by title and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk, to be a full, true and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.

      Sec. 7.  Section 10k of article XII of the above-entitled act is hereby amended so as to read as follows:

      Section 10k.  The city council of the city of Reno shall, by unanimous vote only, provide by ordinance for a pension fund for the payment of pensions to employees of the city of Reno who have been in the employ of said municipal government for a period of twenty-five (25) years, or who have been in the employ of said municipal government for a period of twenty (20) years, if said employee has reached the age of sixty-five (65) years, or is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed one (1%) per cent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that if the money so set aside for said fund is greater than the amount necessary, and is not disbursed for said purpose, said money may be taken from said fund and transferred to any other fund of the city, or may be invested by the said city of Reno in its own bonds, or in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any employee by said ordinance shall not exceed fifty (50%) per cent of the average amount of the monthly wages or salary which said employee had been paid during the five years next preceding the time said employee is pensioned; provided further, that the pensions provided for in this act shall not be paid to any person who may have been employed, or is now employed, by the city of Reno who shall not have attained the age of 65 years or more, or had been mentally or physically disabled prior to having attained said age, so that his or her total earning capacity has been reduced to less than $1 per day.

City engineer

 

 

Style of ordinance

 

 

 

 

 

Ordinance to be published

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pension fund for city employees


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

ê1931 Statutes of Nevada, Page 224 (CHAPTER 136, AB 190)ê

 

Disposition of surplus in fund

 

 

 

Pension limited

 

 

Pensioner must be 65 years of age; exception

 

 

 

Repeal

In effect

said city for the creation of said pension fund; provided, that if the money so set aside for said fund is greater than the amount necessary, and is not disbursed for said purpose, said money may be taken from said fund and transferred to any other fund of the city, or may be invested by the said city of Reno in its own bonds, or in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any employee by said ordinance shall not exceed fifty (50%) per cent of the average amount of the monthly wages or salary which said employee had been paid during the five years next preceding the time said employee is pensioned; provided further, that the pensions provided for in this act shall not be paid to any person who may have been employed, or is now employed, by the city of Reno who shall not have attained the age of 65 years or more, or had been mentally or physically disabled prior to having attained said age, so that his or her total earning capacity has been reduced to less than $1 per day.

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

      Sec. 9.  This act shall be in full force and effect from and after July 1, 1931.

 

________

 

CHAPTER 137, AB 189

 

 

 

 

 

 

 

 

 

 

Relating to transfer of certain property known as “Fort Churchill”

[Assembly Bill No. 189–Mr. Black]

 

Chap. 137–An Act authorizing the governor and state land register to transfer in trust that certain property in the State of Nevada, commonly known as and called “Fort Churchill,” and the land incident thereto, to the Daughters of the American Revolution.

 

[Approved March 24, 1931]

 

      Whereas, The federal government has indicated that it is about to deed to the State of Nevada that certain federal properties situated in Lyon County, Nevada, upon which is situated that certain government fort designated as “Fort Churchill,” and certain lands incident thereto; and

      Whereas, Said fort and the lands incident thereto are valuable to the State of Nevada historically in connection with the participation of Nevada in the Civil War; and

      Whereas, That certain organization known as the “Daughters of the American Revolution” desire the control of said property in order to perpetuate the same in connection with the early history of the State of Nevada; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  In the event that the federal government of the United States shall transfer the title of the property designated in the preamble hereto to the State of Nevada, the governor and state land register are hereby authorized and directed to transfer, in trust, the same to the Daughters of the American Revolution, as custodians, for the purposes indicated in the preamble hereto.


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ê1931 Statutes of Nevada, Page 225 (CHAPTER 137, AB 189)ê

 

designated in the preamble hereto to the State of Nevada, the governor and state land register are hereby authorized and directed to transfer, in trust, the same to the Daughters of the American Revolution, as custodians, for the purposes indicated in the preamble hereto.

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

Duties of governor and state land register

 

 

In effect

 

________

 

CHAPTER 138, AB 187

[Assembly Bill No. 187–Mr. Frohlich]

 

Chap. 138–An Act to amend section 5 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, being section 6104 Nevada Compiled Laws 1929.

 

[Approved March 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, being section 6104 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 5.  The appointive commissioner who shall devote his entire time to the business of the commission shall receive a salary of five thousand ($5,000) dollars per annum; the other appointive commissioner shall receive a salary of twenty-five hundred ($2,500) dollars per annum, and the ex officio member of the commission shall receive a salary of one thousand ($1,000) dollars per annum; all of said salaries shall be paid as other state officers are paid. Said commission shall appoint a secretary who shall be an expert rate man and who shall receive a salary of three thousand ($3,000) dollars per annum; the commission may employ such other clerks, experts or engineers as may be necessary, and shall fix their compensation; provided, that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of commissioners

 

 

 

Salary of secretary

 

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 226ê

CHAPTER 139, AB 180

 

 

 

 

 

 

 

 

 

 

 

 

 

$50,000 bond issue for sewerage system for Caliente

 

Denomination of bonds

 

 

 

 

 

 

 

Rate of interest

 

 

 

 

County commissioners to negotiate sale of bonds

 

 

 

Duties of county treasurer

[Assembly Bill No. 180–Mr. Dixon]

 

Chap. 139–An Act authorizing the construction and completion of a sewerage system for the town of Caliente, Lincoln County, Nevada, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 24, 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 Lincoln is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $50,000, exclusive of interest, for the purpose of providing funds for the acquisition of a sewerage system. Said bonds shall be named “Town of Caliente Sewer 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 January. 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 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.

      Sec. 4.  The said board of county commissioners 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 Caliente Sewer Fund,” and who shall pay out of 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.


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ê1931 Statutes of Nevada, Page 227 (CHAPTER 139, AB 180)ê

 

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. 5.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Caliente until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter at least one-twentieth of the total number of bonds issued under this act, annually on the first Monday in January, 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 Caliente Public Utility Bond, Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Caliente.

      Sec. 6.  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 bond interest and redemption fund shall by order of the board of county commissioners of the said county be transferred to the town of Caliente public utilities fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 7.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

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

 

 

 

Tax levy to create fund for redemption and interest

 

 

 

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

 

 

 

County treasurer to redeem bonds

 

 

 

 

 

 

 

Faith of state pledged


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ê1931 Statutes of Nevada, Page 228 (CHAPTER 139, AB 180)ê

 

Provisions of existing law to govern

 

 

 

 

 

 

In effect

      Sec. 8.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the system mentioned in this act. The commissioners shall act as soon as they conveniently may and the bonds shall be prepared as soon as conditions will permit. The systems herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain.

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

 

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CHAPTER 140, AB 168

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transportation of pupils to be provided for

[Assembly Bill No. 168–Mr. Black]

 

Chap. 140–An Act to amend an act entitled “An act to authorize county commissioners in counties not having county high schools to aid district high schools under certain conditions, and other matters properly connected therewith,” approved March 9, 1915, as amended, being section 5926 Nevada Compiled Laws 1929, by adding thereto a new section to be known as section 4.

 

[Approved March 24, 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 4, which said section shall read as follows:

      Section 4.  The district board or boards 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, may include in its annual budget the cost of transporting high school pupils to and from a district 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 shall 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 district high school are transported at the expense of the public, the district 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.


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ê1931 Statutes of Nevada, Page 229 (CHAPTER 140, AB 168)ê

 

expense of the public, the district 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.

 

 

 

 

In effect

 

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CHAPTER 141, AB 163

[Assembly Bill No. 163–Mr. Hamlin]

 

Chap. 141–An Act to amend sections 1 and 4 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887, approved March 16, 1895,” as amended February 23, 1925.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887,” being section 7754 of the Nevada Compiled Laws of 1929, is hereby amended so as to read as follows:

      Section 1.  It shall be the duty of the president of the state university, in addition to his other duties as fixed by law, to cause to be analyzed by an assistant, teacher or teachers employed at the state university, any ores, mineral, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of said state for that purpose. Any citizen of the state may send any such substance and have the same analyzed free of charge, and the result of the same returned to him by mail within ten (10) days after it has been received with as near as possible an explanation of their uses and value in market, and there shall be kept at the state university a book of record, open for inspection, under such rules as may be made by the regents, of all mineral, ores or other matters so sent with the history of such mineral or other matters, stating the name of the person or persons from whom received, the district and county from which it came, and all other matters that may be beneficial touching the same. A duplicate of the same analyzed, as far as practicable, shall be kept at the university properly labeled so as to correspond to the record, and properly preserved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ores, minerals or soils to be analyzed free at state university


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ê1931 Statutes of Nevada, Page 230 (CHAPTER 141, AB 163)ê

 

 

 

Act not to apply in certain cases

 

In effect

      Sec. 2.  Section 4 of the above-entitled act, being 7757 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 4.  This act shall not apply to operating mines or to engineers sampling mines offering ores or minerals for analysis. Not more than ten samples of ores or minerals shall be analyzed for an individual or company in any ten-day period.

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

 

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CHAPTER 142, AB 161

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 18a repealed

 

 

 

 

 

In effect

[Assembly Bill No. 161–Humboldt County Delegation]

 

Chap. 142–An Act to repeal section 18a of an act entitled “An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929, being section 2242 N. C. L. 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 18a, being section 2242 N. C. L. 1929, of that certain act of the legislature of the State of Nevada entitled “An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and disabled persons and repealing a certain act,” approved March 27, 1929, is hereby repealed.

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

 

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ê1931 Statutes of Nevada, Page 231ê

CHAPTER 143, AB 160

[Assembly Bill No. 160–Humboldt County Delegation]

 

Chap. 143–An Act to amend section 1 of an act entitled “An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929, being section 2225 Nevada Compiled Laws 1929.

 

[Approved March 24, 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 2225 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 1.  Any county may establish a public hospital in the following manner:

      (a) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least thirty (30%) per centum of the taxpayers in each county or a group of counties asking that an annual tax may be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, such board or boards of county commissioners shall submit the question to the qualified electors of the county at the next general election to be held in the county; or

      (b) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least fifty (50%) per centum of the taxpayers in each county or a group of counties asking that an annual tax may be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, such board or boards of county commissioners shall call a special election for the purpose of submitting such question to the qualified electors of the county, to be held within forty (40) days after the petition requesting the special election shall have been filed with said board, by first giving thirty (30) days’ notice thereof in one or more newspapers published in the county, if any be published therein, or posting written or printed notices in each precinct of the county, which notice shall include the text of the petition and state the amount of the tax to be levied upon the assessed property of the said county, which tax shall not exceed two (2) mills on the dollar, for a period of time not exceeding twenty (20) years, and be for the issue of county bonds to provide funds for the purchase of a site, or sites, and the erection thereon of a public hospital and hospital buildings, and for the support of same; which said election shall be held at the usual places in such county for voting upon county officers, and shall be canvassed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure for establishment of public hospitals

 

 

 

 

 

 

 

 

 

 

 

 

Special election to be called, when


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ê1931 Statutes of Nevada, Page 232 (CHAPTER 143, AB 160)ê

 

 

 

 

 

Form of ballot

 

 

 

 

Tax to be levied, when

 

 

 

 

In effect

shall not exceed two (2) mills on the dollar, for a period of time not exceeding twenty (20) years, and be for the issue of county bonds to provide funds for the purchase of a site, or sites, and the erection thereon of a public hospital and hospital buildings, and for the support of same; which said election shall be held at the usual places in such county for voting upon county officers, and shall be canvassed. The ballots to be used at any election at which such hospital question is submitted shall be printed with a statement substantially as follows: For a...........mill tax for a bond issue for a public hospital, and for maintenance of same Yes........... No..........

      If a majority of the votes cast in each county concerned at such election on the proposition so submitted shall be in favor of said tax for such bond issue, the board or boards of county commissioners shall levy the tax so authorized, which shall be collected in the same manner as other taxes are collected, and credited to the “Hospital Fund,” and shall be paid out on the order of the hospital trustees for the purposes authorized by this act, and for no other purposes whatever.

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

 

________

 

CHAPTER 144, AB 158

 

 

 

 

 

 

 

 

 

 

 

Manufacture and storage of ice cream

 

 

 

Certain requirements regarding premises

[Assembly Bill No. 158–Mr. Walts]

 

Chap. 144–An Act relating to the manufacture and sale of ice cream, providing standards for ice cream, providing for the proper care of ice cream containers, and providing penalties for the violation of this act.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  No ice cream shall be manufactured or stored in any portion of a building that is used for the stabling of animals, or in any room used in whole or in part for domestic or sleeping purposes, unless the manufacturing and storage rooms for ice cream are separated from other parts of the building to the satisfaction of the state commissioner of food and drugs.

      Sec. 2.  All rooms in which ice cream is manufactured or stored shall be provided with tight walls and floors, and kept constantly clean. The walls and floors of said rooms shall be of such construction as to permit rapid and thorough cleansing. The room or rooms aforesaid shall be equipped with appliances for washing or sterilizing all utensils employed in the mixing, freezing, storage, sale, or distribution of ice cream, and all such utensils after use shall be thoroughly washed with boiling water or sterilized by steam.


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

ê1931 Statutes of Nevada, Page 233 (CHAPTER 144, AB 158)ê

 

shall be thoroughly washed with boiling water or sterilized by steam. Vessels used in the manufacture and sale of ice cream shall not be employed as containers for other substances than ice cream.

      Sec. 3.  All establishments in which ice cream is manufactured shall be equipped with facilities for the proper cleansing of the hands of operatives, and all persons immediately before engaging in the mixing of the ingredients entering into the composition of ice cream, or its subsequent freezing and handling, shall thoroughly wash his or her hands and keep them clean during such manufacture and handling. All persons shall be dressed in clean outer garments while engaged in the manufacture and handling of ice cream.

      Sec. 4.  Ice cream kept for sale in any shop, restaurant or other establishment shall be stored in a covered box or refrigerator. Such box or refrigerator shall be properly drained and cared for, and shall be kept tightly closed except during such intervals as are necessary for the introduction or removal of ice cream, and shall be kept only in such locations and under such conditions as shall be approved by the state commissioner of food and drugs.

      Sec. 5.  Ice cream, within the meaning of this act, shall be the frozen product made from cream with the addition of milk or milk products and sugar, with or without natural flavoring, and such ice cream shall be manufactured, stored, distributed and dispensed in a sanitary manner and shall contain not less than 14% (fourteen per cent) of milk fat. Fruit ice cream, within the meaning of this act, shall be the frozen product made from cream with the addition of milk or milk products and sugar and sound, clean and matured fruits, and shall contain not less than 12% (twelve per cent) of milk fat. Nut ice cream, within the meaning of this act, shall be the frozen product made from cream with the addition of milk or milk products and sugar and sound, nonrancid nuts, and shall contain not less than 12% (twelve per cent) of milk fat.

      Sec. 6.  Every person, company or corporation who shall receive milk, cream, or ice cream which is delivered in cans, bottles or other receptacles shall thoroughly cleanse such receptacle with hot water or steam or both hot water and steam as soon as practicable after the contents are removed, and before the said receptacles are returned to the shippers or persons from whom the same were received.

      Sec. 7.  Any person who shall violate any provision of this act shall be deemed guilty of a misdemeanor, and fined not more than fifty dollars ($50) for the first offense, and for any subsequent offense shall be fined not more than two hundred dollars ($200) and imprisonment for not more than thirty days. But no dealer shall be prosecuted under the provisions of this act if he shall present a statement in writing from the manufacturer, wholesaler or jobber from which such ice cream was purchased, containing a guarantee as to the quality of such ice cream.

 

 

 

Sanitary requirements

 

 

 

 

 

 

 

Storage regulations

 

 

 

 

Ice cream defined

 

 

 

 

 

 

 

 

 

 

 

 

Receptacles must be thoroughly cleansed

 

Penalty for violations


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

ê1931 Statutes of Nevada, Page 234 (CHAPTER 144, AB 158)ê

 

 

 

 

Repeal

In effect

the provisions of this act if he shall present a statement in writing from the manufacturer, wholesaler or jobber from which such ice cream was purchased, containing a guarantee as to the quality of such ice cream.

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

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

 

________

 

CHAPTER 145, AB 150

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Providing for transfer of certain state-owned property to federal government

[Assembly Bill No. 150–White Pine County Delegation]

 

Chap. 145–An Act authorizing the board of capitol commissioners of the State of Nevada to transfer to the federal government of the United States certain real estate belonging to the State of Nevada, situated in White Pine County, Nevada; providing the terms upon which said board may so transfer, and other matters properly relating thereto, and repealing certain acts in conflict herewith.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of capitol commissioners of the State of Nevada are hereby authorized and empowered, at such time as they may deem appropriate within two years from the passage and approval of this act, to transfer to the federal government of the United States, with or without monetary consideration, in the discretion of said board of capitol commissioners, the following described real estate situated in White Pine County, State of Nevada, to wit: Beginning at a point which is the southwesterly corner of said homestead entry number 149 and running along the westerly boundary line of said homestead entry northwesterly for a distance of two hundred (200) feet; running thence at a right angle in a northeasterly direction and parallel to the southerly boundary line of said homestead entry for a distance of one hundred and fifty (150) feet; running thence at a right angle approximately in a southeasterly direction and parallel to the westerly line of said homestead entry for a distance of two hundred (200) feet to an intersection with the southerly line of said homestead entry; running thence along said southerly boundary and in a southwesterly direction for a distance of one hundred and fifty (150) feet to the point and place of beginning, all of which said lot and parcel of land if surveyed would be situate in the northeast quarter of the northwest quarter of section 15, township 13 north, range 69 east, M. D. B. & M., and embraces 0.688 acres more or less.


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

ê1931 Statutes of Nevada, Page 235 (CHAPTER 145, AB 150)ê

 

      Sec. 2.  If the said board of capitol commissioners shall deem that any benefits to accrue to the State of Nevada by reason of transferring the above-described real estate to the federal government of the United States without monetary consideration may be justified, they are hereby authorized to make such transfer without monetary consideration.

      Sec. 3.  An act directing the state board of capitol commissioners of the State of Nevada to reconvey to C. T. Rhodes of Baker, White Pine County, Nevada, and Beatrice I. Rhodes, his wife, certain lands situated in White Pine County, Nevada, providing for the manner of making such reconveyance and other matters properly relating thereto, approved March 27, 1929, is hereby repealed.

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

 

 

May waive monetary consideration

 

Certain act repealed

 

 

 

 

In effect

 

________

 

CHAPTER 146, AB 149

[Assembly Bill No. 149–White Pine County Delegation]

 

Chap. 146–An Act to authorize and empower the county commissioners of White Pine County, State of Nevada, to purchase certain real estate situated within the boundaries of said county, providing for the issuance of bonds for the purchase thereof, providing for a tax levy therefor, and other matters properly connected therewith.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing funds with which to purchase certain real estate within the boundaries of White Pine County, State of Nevada, the county commissioners of White Pine County are hereby authorized and empowered to issue interest bearing bonds of said county in such form and for such period as the said board may direct for a sum not exceeding fifteen thousand ($15,000) dollars, in United States gold coin, exclusive of interest, said bonds to run for a period not to exceed twenty (20) years from the date of issuance and to be designed as White Pine County land purchase bonds, issue of 1931.

      Sec. 2.  Said bonds shall be issued in denominations of one thousand ($1,000) dollars each, in gold coin of the United States, and shall be payable to bearer; they shall bear interest at the rate not to exceed six per cent (6%) per annum and the interest thereon shall be paid semiannually. The bonds herein provided for shall be numbered consecutively, signed by the chairman of said board of county commissioners, attested, by the clerk thereof, signed by the county treasurer of White Pine County, Nevada, and shall not be sold for less than par.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$15,000 bond issue for White Pine County

 

 

 

 

 

Denomination of bonds; rate of interest


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

ê1931 Statutes of Nevada, Page 236 (CHAPTER 146, AB 149)ê

 

 

County treasurer to register bonds

 

 

 

 

 

 

County commissioners to negotiate sale of bonds

 

Purpose of bond issue

 

 

 

 

 

 

Fund created

 

 

 

 

 

 

Tax levy for payment of interest

      Sec. 3.  Any and all bonds issued under the provisions of this act shall be registered by the treasurer of White Pine County in a book kept in his office for that purpose, which registry shall show the amount of the bond, the time of payment, and the rate of interest. All such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry the county treasurer, on order of the board of county commissioners, shall cause all bonds to be delivered to the purchaser or purchasers thereof upon payment being made him therefor.

      Sec. 4.  The county commissioners of said county are hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals or by private sale, as they deem to the best interest of said county; provided, that no bonds shall be sold for less than their par value, and the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like coin.

      Sec. 5.  The lands which the county commissioners of White Pine County are authorized to purchase, under the provisions of this act, are described as follows: That certain lot and parcel of land within the boundaries of Lehman cave national monument in partly surveyed township 13 north, range 69 east, M. D. B. & M. (which was set aside and proclaimed January 24, 1922), which said lot and parcel of land is also within the boundaries of homestead entry survey number 149, embracing 46.97 acres.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the county treasurer of White Pine county, and the county treasurer is hereby required to receive and safely keep the same in a fund known as “White Pine County Land Purchase Bond Fund,” and to pay out the money only on warrant issued by the county auditor. The county treasurer shall be liable on his official bond for the safekeeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the interest upon said bonds, the board of county commissioners of said White Pine County is hereby authorized and empowered at the time of the annual levy of taxes for state and county purposes for the year 1931, and annually thereafter, to levy and assess a special tax on all the taxable property in an amount sufficient to pay the interest upon said bonds promptly when and as the same becomes due according to the tenor and effect of said bonds. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes, shall be paid into the county treasury, and shall be kept by said county treasurer in a fund to be known as White Pine County land purchase bond fund, and the money in said fund shall be disbursed by said treasurer in payment of the interest upon said bonds as the same becomes due.


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

ê1931 Statutes of Nevada, Page 237 (CHAPTER 146, AB 149)ê

 

disbursed by said treasurer in payment of the interest upon said bonds as the same becomes due. And if there shall be any surplus after paying said interest and the expenses of collecting such special tax the treasurer shall, without delay, pass the same to the credit of said White Pine County land purchase bond fund, and such funds so passed to the credit of said fund shall be subject to the disposal of the board of county commissioners.

      Sec. 8.  To provide for the payment of the bonds herein authorized to be issued the said board of county commissioners of White Pine County shall, in the year 1931 and annually thereafter, levy a special and additional tax, and shall cause said special tax to be collected on all the taxable property situate in said White Pine County, sufficient to raise the sum necessary to pay, redeem and discharge, according to the tenor and effect thereof, the bonds that year falling due, which said tax shall be assessed and collected the same as other taxes, paid to the county treasurer and by him assigned to a fund known as the White Pine County land purchase bond fund and shall be used only in the payment of such bonds. At the maturity of such bonds and at their place of payment the county treasurer shall cause such bonds and accrued interest thereon to be paid and duly cancel the same and certify his actions to the board of county commissioners of White Pine County.

      Sec. 9.  No bond herein provided for shall draw interest after the date the same shall become due and payable. Said bonds shall mature in their numerical order and beginning the first day of July, 1932, according to the tenor and effect of said bonds, until all are paid.

      Sec. 10.  As and when the bonds herein provided for shall be redeemed the county treasurer shall mark the same “Paid” across the face thereof, with his signature and the date of payment, turn the same over to the county auditor, taking his receipt therefor, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 11.  All bonds issued hereunder shall be payable at the office of the county treasurer of White Pine County, at Ely, Nevada.

      Sec. 12.  Whenever the bonds and interest herein provided for shall have been paid the tax authorized by this act shall cease.

      Sec. 13.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

Tax levy for redemption of bonds

 

 

 

 

 

 

 

 

Interest to cease, when

 

 

 

County treasurer to redeem bonds

 

 

Idem

 

Tax to cease, when

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 238ê

CHAPTER 147, AB 143

 

 

 

 

 

 

 

 

 

Procedure for annulment of marriage

 

 

 

 

 

 

 

 

Court may determine status of parties

 

One of parties must be resident of state

 

Service of process

 

 

 

 

 

Certain presumption of law

 

 

Repeal

In effect

[Assembly Bill No. 143–Mr. Georgetta]

 

Chap. 147–An Act concerning annulment of marriage.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Annulment of marriages, whether the same were contracted, performed or entered into within or without the State of Nevada, may be obtained by complaint under oath to the district court of the county in which the marriage was performed (if performed in this state), or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six weeks before suit be brought, for any cause which is now provided by law for annulment of marriage, or which is a ground for annulling or declaring void a contract in a court of equity.

      Sec. 2.  Any such action brought in this state for annulment of marriage shall be an action in rem, and in addition to annulling or declaring the contract of marriage void the courts shall regulate and determine the status of the parties.

      Sec. 3.  No court in this state shall have authority to annul any marriage performed, contracted or entered into out of the State of Nevada unless one of the parties shall have resided in this state for the period of six weeks before filing of the complaint.

      Sec. 4.  In any suits brought under this act for annulment of marriage, process shall be served in the same manner as in actions at law, and the courts shall have the same power upon a substituted or constructive service of process to annul such marriage and regulate and determine the status of the parties as they would have had if process had been personally served.

      Sec. 5.  In any suit in this state for an annulment of marriage in anywise affected by the law of another state, it shall be presumed that the law of such other state is the same as the law of this state, unless and until the law of such other state shall be alleged and proved.

      Sec. 6.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 7.  This act will become effective from and after May 1, 1931.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 239ê

CHAPTER 148, AB 140

[Assembly Bill No. 140–Mr. Alward]

 

Chap. 148–An Act to amend section 105 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, the same being section 8603 of the Nevada Compiled Laws of 1929, and to repeal all acts in conflict therewith.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 105 of the above-entitled act, being section 8603 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 105.  The counterclaim mentioned in the last section shall be one existing in favor of the defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action:

      1.  A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff’s claims, or connected with the subject of the action.

      2.  In an action arising upon contract, any other cause of action arising also upon contract and existing at the commencement of the action.

      3.  In all actions now pending or which may hereafter be commenced, arising upon contract, wherein the plaintiff is a nonresident of the State of Nevada, or is insolvent, any other cause of action existing at the commencement of the action, except a cause of action founded upon a claim assigned after the commencement of the action.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Counterclaim defined

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 149, AB 134

[Assembly Bill No. 134–Mr. Mathews]

 

Chap. 149–An Act to repeal section 380 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 380 of the above-entitled act, the same being section 5322 of the Revised Laws of Nevada 1912, and being section 8878 Nevada Compiled Laws 1929, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Section 380 repealed

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 240ê

CHAPTER 150, AB 117

 

 

 

 

 

 

 

 

 

 

 

 

 

School bond issue for Lincoln County

 

 

 

 

 

Special election to be called

 

Existing election laws to govern; notice to be posted

[Assembly Bill No. 117–Mr. Dixon]

 

Chap. 150–An Act to provide for the acquisition of a site, construction, equipment and furnishings of school buildings in Pahranagat consolidated school district No. 1, Lincoln County, Nevada, the holding of an election and the issuance of bonds, levying of a tax, and other matters properly related thereto.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of Pahranagat consolidated school district No. 1, in Lincoln County, State of Nevada, is hereby authorized to prepare and issue bonds of said school district not to exceed the amount of $30,000, exclusive of interest, for the purpose of providing funds for the erecting, furnishing, and equipping school buildings, purchasing grounds upon which to erect the same in Pahranagat consolidated school district No. 1, Lincoln County, Nevada.

      Sec. 2.  Said board of trustees shall, by resolution entered upon its records, submit the question of contracting a bonded indebtedness for the purpose mentioned in this act to a vote of the qualified electors of said district at a special election which said board of trustees is hereby authorized to call for such purpose on or before July 1, 1931.

      Sec. 3.  The election provided for in this act shall be called and held and the vote canvassed and returned in all respects as nearly as may be in accordance with the provisions of law now governing the election of school trustees; provided, that notice of such election shall be posted in six places in said consolidated school district not less than 10 days before date of election. The election notice must contain:

      First-The time and place of holding such election.

      Second-The names of inspectors to conduct the same.

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

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

      Sec. 4.  If, upon the determination of the result of such election, it shall appear that a majority of all the votes cast is “For the Bonds” the trustees shall, as soon as practicable, issue the negotiable coupon bonds of the district in such form as the board of school trustees shall direct.


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

ê1931 Statutes of Nevada, Page 241 (CHAPTER 150, AB 117)ê

 

issue the negotiable coupon bonds of the district in such form as the board of school trustees shall direct. Said bonds shall be not more than sixty in number, numbered consecutively from one to the highest number issued, both inclusive, of the denomination of $500 each, bearing date of the day of issuance thereof, and redeemable as hereinafter provided. If it shall appear that a majority of all the votes cast is “Against the Bonds,” no bonds shall be issued under this act.

      Sec. 5.  Said bonds shall bear interest from their date until paid at the rate of not to exceed six per cent per annum, payable semiannually. Each installment of interest to the date of maturity of the principal shall be evidenced by appropriate coupons attached to each bond, and both the principal and interest shall be payable in gold coin of the United States of America at the office of the county treasurer of Lincoln County, and said bonds shall not be sold for less than their par value and accrued interest, except as hereinafter provided. Before said sale is made, notice thereof must be given by publication in a newspaper published in said Lincoln County for at least two weeks before said bonds are sold, inviting sealed bids to be made for said bonds, and said bonds shall be sold to the highest and best bidder therefor; the trustees, however, may reserve the right to reject any and all bids and may, if it deems it for the best interest of said district, sell the bonds at private sale at one time, or from time to time as funds are required for the purpose mentioned in this act, at not less than their par value and accrued interest; provided, that if said bonds are issued after the board of county commissioners shall have levied the state and county taxes for that year, said bonds may be sold at par value, less one year’s interest thereon, at the rate specified therein, and thereupon the interest coupons upon said bonds for the first year of the term thereof shall be removed and canceled by the county treasurer.

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

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

Bonds to issue if approved

 

 

 

 

Rate of interest

 

 

 

 

 

Sale of bonds to be advertised

 

 

 

 

 

 

 

 

 

 

Who to authenticate bonds

 

 

 

Bonds to be registered by county treasurer


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

ê1931 Statutes of Nevada, Page 242 (CHAPTER 150, AB 117)ê

 

 

 

 

Proceeds of sale to go into fund

 

 

 

 

County commissioners to levy tax for interest and redemption of bonds

 

 

 

 

 

 

 

Redemption of bonds

 

 

 

 

 

 

 

 

 

 

 

Change of boundary of district not to release taxation

the provisions of this act. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same, upon payment being made therefor.

      Sec. 8.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “Pahranagat Consolidated School District No. 1 Building Fund,” and to pay out the same upon the warrants of said board of trustees, and for the purpose for which the same were received.

      Sec. 9.  For the purpose of creating a fund for the payment of said bonds and the interest thereon, the board of county commissioners of Lincoln County is hereby authorized and required at the time of making the annual levy of taxes for state and county purposes following the issuance of said bonds, and annually thereafter, to levy a sufficient tax on all taxable property of said district to pay and retire at least one-twentieth of said bonds each year, beginning with the second year after their issue, and to pay the interest on all of said bonds as and when the same shall become payable. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund, which is hereby created, to be known as “Pahranagat Consolidated School District No. 1 Bond Redemption and Interest Fund.”

      Sec. 10.  On the first day of January of the second year following the issue of said bonds, and every year thereafter, at least one-twentieth of said bonds, together with the accrued interest thereon, shall be paid, and the payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall be paid and redeemed. The coupons thereon shall be paid semiannually as provided in said bonds. If the tax for the interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, the county treasurer shall pay the interest accruing on said bonds in said year out of the general county fund, and return to said county fund the sum so advanced out of the first money in said school fund collected from said tax levy. The county treasurer shall cancel said bonds as paid and certify his action to said board of trustee.

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


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

ê1931 Statutes of Nevada, Page 243 (CHAPTER 150, AB 117)ê

 

was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable property, after the issue of such bonds, the property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 12.  All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the county commissioners, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act.

      Sec. 13.  Said board of trustees is hereby authorized and directed to use the money derived from the sale of said bonds, or such portion thereof as it may deem necessary, for the purchase of a site in Pahranagat consolidated school district No. 1, county of Lincoln, Nevada, for said school building, for the erection thereon of a school building, and for furnishing and equipping the same. The said board shall determine the character of said buildings, plans, site, materials, furnishings, equipment, and shall advertise for bids for the construction of said buildings.

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

      Sec. 15.  If there shall be any surplus in said “Pahranagat Consolidated School District No. 1 Building Fund,” after the completion of said school building or buildings, furnishings, equipment, such surplus shall without delay be passed by the county treasurer to the credit of the general school fund of said district.

      Sec. 16.  Said board of trustees is hereby authorized to pay out of said “Pahranagat Consolidated School District No. 1 Building Fund,” or out of the general fund of said district, all expenses involved in or connected with the holding of an election or elections under this act, and the preparation and issuance of bonds hereunder, and the preparation of plans for said building or buildings.

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

 

 

 

 

 

 

 

Tax to be lien on property

 

 

 

 

Powers and duties of board of trustees

 

 

 

 

 

 

Interest to cease, when

 

Disposition of surplus funds

 

 

 

Expenses of election, etc. paid from general fund

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 244ê

CHAPTER 151, AB 110

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Compensation of employees or dependents

 

Death benefits specified

[Assembly Bill No. 110–Mr. Black]

 

Chap. 151–An Act to amend section 25a of an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, as amended, being part of section 2706 Nevada Compiled Laws 1929.

 

[Approved March 24, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 25a of the above-entitled act, being part of section 2706 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 25a.  Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:

      If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount and to and for the benefit of the persons following:

      1.  Burial expenses, not to exceed one hundred and fifty ($150) dollars, in addition to the compensation payable under this act.

      2.  To the widow, if there is no child, thirty per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with two years’ compensation in one sum upon remarriage.

      3.  To the widower, if there is no child, thirty per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage.

      4.  To the widow or widower, if there is a child or children, the compensation payable under clause one (1) or clause two (2), and in addition the additional amount of fifteen per centum of such wage for each such child until the age of eighteen years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband), and the same shall be payable until he shall reach the age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage.


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

ê1931 Statutes of Nevada, Page 245 (CHAPTER 151, AB 110)ê

 

age of eighteen years; provided, that the total amount payable shall in no case exceed sixty-six and two-thirds per cent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen years, or if over eighteen years and incapable of self-support, becomes capable of self-support.

      5.  If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each child until the age of eighteen years, fifteen per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed sixty-six and two-thirds per centum of such wages.

      6.  If there be no surviving wife (or dependent husband) or child under the age of eighteen years, there shall be paid to a parent, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per centum of the average monthly wage of the deceased during dependency, with an added allowance of ten per centum if two dependent parents survive; to the brothers or sisters, under the age of eighteen years, if one is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty per centum of the average monthly wage for the support of such brother or sister, until the age of eighteen years. If more than one brother or sister is wholly dependent, thirty per centum of the average monthly wage at the time of injury, causing death, divided among such dependents share and share alike. If there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share and share alike.

      7.  In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earning for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred months.

      8.  Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries.

Death benefits specified


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

ê1931 Statutes of Nevada, Page 246 (CHAPTER 151, AB 110)ê

 

Death benefits specified

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries.

      If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only sixty (60) per cent of the amount or amounts above specified.

      9.  Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits.

      10.  In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump-sum settlements shall be allowed.

      11.  In case of the death of any dependent specified in the foregoing enumeration before the expiration of the time named in the award, funeral expenses not to exceed one hundred and fifty ($150) dollars shall be paid.

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

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

 

________

 

CHAPTER 152, AB 23

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Penalties for violation of provisions of act

[Assembly Bill No. 23–Mr. McAuliffe]

 

Chap. 152–An Act to amend section six of an act entitled “An act regulating the payment of wages or compensation in private employments, providing for regular pay days therein, making it the duty of the labor commissioner and district attorneys in this state to enforce its provisions, and providing penalties for violations of this act, and other matters relating thereto,” approved March 19, 1919, as amended chapter 160, Statutes 1925.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section six of the above-entitled act, being section 2780 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  Any person, firm, association, or corporation, or agent, manager, superintendent, or officer thereof, who shall willfully refuse or neglect to pay the wages due and payable when demanded as herein provided; or shall falsely deny the amount or validity thereof, or that the same is due with intent to secure for himself, his employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, or oppress, or hinder, or delay, or defraud, the person to whom such indebtedness is due, shall, in addition to any other penalty imposed upon him by this act, be guilty of a misdemeanor.


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

ê1931 Statutes of Nevada, Page 247 (CHAPTER 152, AB 23)ê

 

the person to whom such indebtedness is due, shall, in addition to any other penalty imposed upon him by this act, be guilty of a misdemeanor.

      Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as in this act provided, or violates any of the remaining provisions of this act, shall also forfeit to the State of Nevada a sum not less than fifty ($50) dollars and not more than three hundred ($300) dollars, in the discretion of the court trying the same, to be recovered from the said employer in a civil action, prosecuted in the proper court by the district attorney of the county at the instance of the labor commissioner.

      The property of the defendant shall be subject to attachment to secure, and execution to satisfy, any judgment that may be rendered under the provisions of this section the same as in other civil actions.

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

Penalties for violation of provisions of act

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 153, SB 154

[Senate Bill No. 154–Senator Miller]

 

Chap. 153–An Act to amend an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, as amended, by amending section 45 thereof and by adding two additional sections to said act, to be known as sections 45a and 45b.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section forty-five of an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, as amended, is hereby amended to read as follows:

      Section 45.  A judge shall not act as such in an action or proceeding: First, when he is a party or interested in the action or proceeding. Second, when he is related to either party by consanguinity or affinity within the third degree. Third, when he has been attorney or counsel for either of the parties in the action or proceeding. Fourth, when he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the fourth degree. Fifth, if either party to a civil action in the district court or his or its attorney or agent shall file an affidavit alleging that the affiant has cause to believe and does believe that on account of the bias or prejudice or interest of said judge he cannot obtain a fair and impartial trial, the said judge shall at once transfer the action to some other department of the court, if there be more than one department of said court in said district, or request the judge of some other district court of some other district to preside at the hearing and trial of such action; provided, the party filing such affidavit for change of judge shall at time of filing same pay to the clerk of the court in which such affidavit is filed the sum of twenty-five dollars, which sum shall be by the clerk transmitted to the state treasurer, who shall place the same to the credit of the district judges’ traveling expense fund; provided, that this section shall not apply to the arrangement of the calendar, or the regulation of the order of business; and provided further, that the fourth subdivision of this section shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judge disqualified, when


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

ê1931 Statutes of Nevada, Page 248 (CHAPTER 153, SB 154)ê

 

 

 

 

 

 

 

Exception

 

 

 

 

 

 

 

 

Contempt proceedings barred

 

 

 

 

But one change of judge allowed in any action

 

 

 

In effect

of the court, if there be more than one department of said court in said district, or request the judge of some other district court of some other district to preside at the hearing and trial of such action; provided, the party filing such affidavit for change of judge shall at time of filing same pay to the clerk of the court in which such affidavit is filed the sum of twenty-five dollars, which sum shall be by the clerk transmitted to the state treasurer, who shall place the same to the credit of the district judges’ traveling expense fund; provided, that this section shall not apply to the arrangement of the calendar, or the regulation of the order of business; and provided further, that the fourth subdivision of this section shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.

      Sec. 2.  An act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, as amended, is hereby amended by adding an additional section to be known as section 45a, which section shall read as follows:

      Section 45a.  No judge or court shall punish for contempt anyone making, filing or presenting such affidavit or motion founded thereon.

      Sec. 3.  An act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, as amended, is hereby amended by adding an additional section to be known as section 45b, which section shall read as follows:

      Section 45b.  Not more than one change of judge may be granted in any action, but each party shall be heard to urge his objections to any judge in the first instance, and the charge of judge shall be to the most convenient judge to which the objections of the parties do not apply or are least applicable. If the parties agree upon a judge then such judge shall be selected.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 249ê

CHAPTER 154, SB 35

[Senate Bill No. 35–Senator Burt]

 

Chap. 154–An Act to amend section 1 of an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925, being section 4350 N. C. L. 1929.

 

[Approved March 25, 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 4350 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 1.  It shall be unlawful for any person or persons to drive or operate a vehicle of any kind or character in a reckless manner on any street or highway in this state; or in any other than a careful or prudent manner; or at a rate of speed greater than is reasonable and proper, having due regard for the traffic, surface and width of the highway; or at such a rate of speed as to endanger the life, limb or property of any person; provided, that no school bus shall exceed a speed of thirty miles per hour when transporting pupils to and from school; provided, that the county commissioners of the various counties in this state may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in their county as may be deemed proper; provided, that the maximum speed of any motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed thirty miles per hour under any such ordinance. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Speed limit defined

 

 

 

 

 

 

 

 

Speed limit 30 miles per hour in certain cases

 

 

 

Repeal

In effect

 

________

 

CHAPTER 155, AB 19

[Assembly Bill No. 19–Mr. Hamlin]

 

Chap. 155–An Act prohibiting the setting of traps within a certain distance from highways, providing a penalty for violation thereof, and other matters properly connected therewith.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this act it shall be unlawful for any person or persons, company or corporation to place or set any steel trap, used for purpose of trapping animals, larger than a No.

 


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

ê1931 Statutes of Nevada, Page 250 (CHAPTER 155, AB 19)ê

 

Unlawful to set trap near highway

 

 

 

 

 

 

Penalty

 

 

 

In effect

corporation to place or set any steel trap, used for purpose of trapping animals, larger than a No. 1 Newhouse trap within two hundred feet of any public road or highway within this state; provided, that for the purposes of this act a public road or highway shall mean only such roads or highways as have been designated as such by law or by the county commissioners of the county in which they are situated; and provided further, that this act shall not be construed so as to prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.

      Sec. 2.  Any person violating the provisions of section 1 of this act shall be guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25 and not more than $100, or by imprisonment in county jail of proper county for not less than ten days nor more than sixty days.

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

 

________

 

CHAPTER 156, AB 152

 

 

 

 

 

 

 

 

 

 

Default judgments may be amended

 

 

 

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 152–Mr. Georgetta]

 

Chap. 156–An Act authorizing the amendment of judgments or orders in civil cases in certain cases.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Whenever a default judgment or decree has been entered and the court has lost jurisdiction to set aside, modify, alter or amend such judgment or decree by reason of the expiration of time, the party or parties in default therein may at any time thereafter enter general appearance in said action and said general appearance so entered shall have the same force and effect as if entered at the proper time prior to the rendition of said judgment or decree. On such appearance being entered the court may make and enter a modified judgment or decree to the extent only of showing such general appearance on the part of said party or parties in default, and shall be entered nunc pro tunc as of the date of the original judgment or decree.

      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 immediately after its passage and approval.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 251ê

CHAPTER 157, SB 165

[Senate Bill No. 165–Senator Burt]

 

Chap. 157–An Act authorizing the issuance and sale of bonds for the purpose of retiring an emergency loan for the town of Caliente, Lincoln County, Nevada, providing for the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 25, 1931]

 

      Whereas, The board of commissioners of Lincoln County, Nevada, did, on the 10th of October, 1929, negotiate an emergency loan in the sum of fifteen thousand ($15,000) dollars to provide for the rebuilding and extension of the water mains and the building of a storage tank for water; and

      Whereas, The said loan will mature on April 10, 1932; and

      Whereas, It is necessary that a bond issue should be made to take care of said emergency loan; now, therefore,

 

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 Lincoln is authorized and directed to prepare, issue and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $15,000, exclusive of interest, for the purpose of providing funds for the redemption and retirement of said Caliente public utility emergency loan, or such part of it as remains unpaid.

      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 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 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.

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

$15,000 bond issue to retire emergency loan

 

 

Denomination of bonds

 

 

 

 

 

 

 

Interest; redemption


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ê1931 Statutes of Nevada, Page 252 (CHAPTER 157, SB 165)ê

 

County commissioners to negotiate sale of bonds

 

Proceeds to go into fund

 

 

 

 

County treasurer to redeem emergency loan certificates

 

 

 

Tax levy to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

Tax to cease, when

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.

      Sec. 4.  The said board of county commissioners 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 “Caliente Public Utility Emergency Loan Redemption Fund,” and who shall pay out of the same for the redemption and retirement of the emergency loan referred to in the preamble hereof.

      Sec. 5.  Whenever the county treasurer shall redeem any of the emergency loan certificates mentioned in the preamble hereof, 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. 6.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines within the boundaries of said town of Caliente, 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 one-twentieth of the total number of bonds issued under this act, annually on the first Monday in July, until all of such bonds shall 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 Caliente Public Utility Bond, Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Caliente.

      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, and all moneys remaining in said bond interest and redemption fund shall by order of the board of county commissioners of the said county be transferred to the town of Caliente public utilities fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year, in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.


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

ê1931 Statutes of Nevada, Page 253 (CHAPTER 157, SB 165)ê

 

and redemption fund to care for the obligations of the current year, in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

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

      The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed by 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.  This act shall become effective from and after its passage and approval.

 

 

County treasurer to redeem bonds

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

In effect

 

________

 

CHAPTER 158, SB 164

[Senate Bill No. 164–Senator Burt]

 

Chap. 158–An Act to authorize the issuance and sale of bonds for the acquisition of additional grounds and for the improvement of buildings of the Caliente school district, in Lincoln County, Nevada, providing for the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Caliente school district is authorized and directed to prepare, issue and sell negotiable coupon bonds of the Caliente school district, in said county, for an amount not exceeding fifteen thousand ($15,000) dollars, exclusive of interest, for the purpose of providing funds for the acquisition of additional grounds and for the improvement of the buildings of said school. Said bonds shall be payable in United States gold coin and shall mature within twenty years from issue. Said bonds shall be designated “Caliente School District Bonds,” and the proceeds from the sale of said bonds are to be used for the acquisition of additional grounds and for the improvement of buildings belonging to said school.

 

 

 

 

 

 

 

 

 

 

 

 

$15,000 bond issue for Caliente school district


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ê1931 Statutes of Nevada, Page 254 (CHAPTER 158, SB 164)ê

 

Denomination of bonds

 

 

 

 

 

 

County treasurer to register bonds

 

 

 

 

 

Board of trustees to dispose of bonds

 

 

Proceeds of sale to go into fund; duties of county treasurer

 

 

 

 

 

Trustees to disburse fund

Tax levy for payment of interest and principal

      Sec. 2.  Said bonds shall be issued in a sum not less than five hundred ($500) dollars and not more than one thousand dollars each, payable in gold coin of the United States to bearer; the interest rate thereon shall be six per centum (6%) per annum, payable semiannually. Said bonds shall be signed by the president of the board of trustees, attested by the clerk thereof, sealed with the district seal, and countersigned by the county treasurer of said Lincoln County, State of Nevada.

      Sec. 3.  Any and all bonds issued under the provisions of this act shall be registered by the county treasurer of said Lincoln County, in a book kept in his office for that purpose, which registry shall show the name of the school district, the amount, the rate of interest, and the maturity date. All such bonds shall bear the certificate of said county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer, on order of the board of school trustees of said district, shall cause all bonds to be delivered to the purchaser or purchasers thereof, upon payment being made to him therefor.

      Sec. 4.  The board of trustees of said Caliente school district is hereby authorized to sell said bonds, by advertising for sealed proposals or by private sale, as they may deem for the best interests of the school district; provided, that no bond or note shall be sold for less than its par value.

      Sec. 5.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Lincoln County, and the county treasurer is hereby required to receive and safely keep the same in a fund to be known as “Caliente School District Building Fund,” and to pay out the moneys of said fund only on warrants issued by the county auditor of said Lincoln county. The county treasurer shall be liable on his official bond for the safe-keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 6.  The auditor’s warrant on the treasurer, referred to in section 5 hereof, shall be drawn only after and upon order drawn and signed by the board of trustees of said Caliente school district upon the county auditor of Lincoln County.

      Sec. 7.  For the purpose of providing for the payment of the principal and interest of said bonds, the board of county commissioners of said Lincoln County are hereby authorized and required in the year 1931, and annually thereafter, so long as may be necessary, to levy and assess a special tax on all the taxable property in said Caliente school district, in an amount sufficient to pay the principal and interest upon said bonds promptly when and as the same become due. The taxes so levied shall be assessed and collected in the same manner as other taxes and shall be paid into the county treasury and kept therein by the county treasurer in a fund to be known as “Caliente School District Bond Interest and Redemption Fund.”


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

ê1931 Statutes of Nevada, Page 255 (CHAPTER 158, SB 164)ê

 

and collected in the same manner as other taxes and shall be paid into the county treasury and kept therein by the county treasurer in a fund to be known as “Caliente School District Bond Interest and Redemption Fund.” The money in said fund shall be disbursed by said county treasurer in payment of the principal and interest on such bonds as the same become due, and it shall be the duty of said county treasurer to pay such bonds, with accrued interest, at maturity thereof, to then take up and cancel same, and certify his actions to the board of school trustees of said school district.

      Sec. 8.  All bonds issued hereunder, and the interest thereon, shall be payable at the office of the county treasurer of Lincoln County, at Pioche, Nevada.

      Sec. 9.  Whenever the bonds herein authorized and all interest thereon shall have been fully paid, the tax authorized by this act shall cease to be levied, and all moneys remaining in said “Caliente School District Bond Interest and Redemption Fund,” together with any money remaining in said “Caliente School District Building Fund,” shall be transferred to Caliente school district general fund.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed omitted, until all the bonds issued thereunder, together with interest thereon, shall have been paid in full as in this act specified.

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

 

 

 

 

 

 

 

County treasurer to redeem bonds

 

Tax to cease, when; disposition of surplus funds

 

Faith of state pledged

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 256ê

CHAPTER 159, SB 159

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed

 

In effect

[Senate Bill No. 159–Senator Dressler]

 

Chap. 159–An Act to repeal an act entitled “An act relating to the slaughtering of the meat of bovine animals; the keeping of a record by all slaughterhouses and butcher shops, the securing of annual permits by any person who slaughters and sells the meat of any bovine animal; the keeping of the hides intact after slaughtering any bovine animal; the exhibiting of hides when peddling the meat of any bovine animal; providing penalties for the violation thereof, and other matters properly connected therewith,” approved March 25, 1927, being sections 3818, 3819, 3820, 3821, 3822, 3823, 3824 and 3825 Nevada Compiled Laws 1929.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 3818, 3919, 3820, 3821, 3822, 3823, 3824 and 3825 Nevada Compiled Laws 1929, is hereby repealed.

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

 

________

 

CHAPTER 160, SB 151

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 151–Committee on Ways and Means]

 

Chap. 160–An Act authorizing the state treasurer and state controller to transfer the unexpended balances and moneys in certain special funds in the state treasury to the general fund therein, designating the funds and amounts therein, and making provisions to carry out the purpose of this act.

 

[Approved March 25, 1931]

 

      Whereas, The following funds are kept separate and apart in the state treasury, to wit:

Employment agency fund.....................................      $825.00

State rewards fund.................................................        214.29

Elko dry farm fund..................................................        282.62

Fire insurance.........................................................           82.70;

and

      Whereas, Said funds are made up of unexpended moneys and balances remaining over and above the needs for which they are collected and in their present status cannot be utilized for any useful purpose; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Those certain balances in the state treasury remaining in the employment agency fund in the sum of $825, state rewards fund in the sum of $214.29, Elko dry farm fund in the sum of $282.62, and fire insurance in the sum of $82.70, are hereby declared reverted to the general fund of the State of Nevada, and the state treasurer and the state controller are hereby authorized and directed to do and perform each and everything necessary to carry into effect the provisions of this act and make proper entries thereof.


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

ê1931 Statutes of Nevada, Page 257 (CHAPTER 160, SB 151)ê

 

$825, state rewards fund in the sum of $214.29, Elko dry farm fund in the sum of $282.62, and fire insurance in the sum of $82.70, are hereby declared reverted to the general fund of the State of Nevada, and the state treasurer and the state controller are hereby authorized and directed to do and perform each and everything necessary to carry into effect the provisions of this act and make proper entries thereof.

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

Balances in certain funds to be transferred to general fund

 

 

In effect

 

________

 

CHAPTER 161, SB 158

[Senate Bill No. 158–Senator Getchell]

 

Chap. 161–An Act to amend sections 1, 3, 6, 8, 9, 15, 17, 26, 27, 36, 46, 59, 68 and 69 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, as amended.

 

[Approved March 25, 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 shall be amended so as to read as follows:

      Section 1.  Except as otherwise provided in this act, any three or more persons, a majority of whom shall be residents of the State of Nevada, may execute articles of incorporation and be incorporated as a banking corporation in the manner hereinafter provided. Said articles of incorporation shall contain:

      First-The corporate name adopted by the corporation, which shall not be the same name used by any corporation previously organized, or any imitation of such name.

      Second-The place where its business is to be conducted.

      Third-The purpose for which it is formed.

      Fourth-The amount of its capital stock, which shall be divided into shares of the par value of one hundred dollars each and which shall not be less than $50,000.

      Fifth-The amount of its original paid-in surplus, which shall not be less than twenty per cent of its capital stock.

      Sixth-The name and place of residence of and the number of shares subscribed by each stockholder.

      Seventh-The names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide holder of at least one thousand dollars of the stock of said bank, fully paid and not hypothecated, and a majority of whom shall be residents of the same or an adjoining county or counties to that where its business is to be conducted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank, how incorporated


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

ê1931 Statutes of Nevada, Page 258 (CHAPTER 161, SB 158)ê

 

 

 

 

 

 

 

 

Statement to be filed with bank examiner

      Eighth-Whether or not the corporation is to have perpetual existence, and if not, the time when its existence is to cease.

      Ninth-And such other matters, not inconsistent with law, as the incorporators may deem proper.

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

      Section 3.  When the capital stock and surplus, as provided in section 1 hereof, of any bank shall have been paid up, in cash, the president or cashier thereof shall transmit to the bank examiner a verified statement showing the names and places of residence of the stockholders, the amount of the stock subscribed and the amount paid in by each and the amount of surplus paid in, and the bank examiner shall thereupon have the same power to examine into the conditions and affairs of such bank as if it had been before that time engaged in the banking business, and if the bank examiner is satisfied that such bank has been organized as prescribed by law, and that its capital and surplus is fully paid in cash, and that it has in all respects complied with the law, and that the personnel of its organizers and officers and directors is such as to inspire confidence, and that the proposed operations will not bring such bank into such competition with any similar institution then operating under the provisions of this act or of any federal charter as to endanger such institution then operating, and that the probable sphere to be served by such bank is not at that time adequately served, he shall issue to such bank, under his hand and seal, a certificate showing that it has been organized and its capital fully paid up as required by law, and is authorized to transact a general banking business upon payment of the license prescribed by this act; provided, that in the reorganization of any banking corporation the assets may be accepted at their actual value in lieu of cash; and provided further, that if the bank examiner shall refuse to issue such a certificate to any such bank it may, through its president or cashier, appeal to the state board of finance and said board shall have power by resolution duly adopted, after a full hearing of the bank examiner, and if it shall be satisfied that the bank examiner was in error in his reasons for such refusal, to order that such certificate shall issue; and provided further, that any bank or banker which may feel aggrieved as a result of the decision of such board may appeal the same to the supreme court of the State of Nevada within ten days after notice of such decision.

      Sec. 3.  Section 6 of the above-entitled act shall be amended so as to read as follows:

      Section 6.  Any banking corporation organized under the provisions of this act shall have power to carry on a savings bank business as prescribed and limited in this act.


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

ê1931 Statutes of Nevada, Page 259 (CHAPTER 161, SB 158)ê

 

bank business as prescribed and limited in this act. Any savings bank may receive deposits, and such deposits shall be repaid to the depositors or their lawful representatives at such time and with such interest and under such regulations, assented to by the depositors, as shall be prescribed by said bank and approved by the state board of finance, which regulations shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this act, shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any city, county, township, irrigation districts, village or school district of any state in the United States which shall have been lawfully issued; or may be loaned on negotiable paper secured by any of the above-mentioned classes of security; or upon notes or bonds secured by mortgage lien upon unincumbered real estate; provided, that second-mortgage loans may be made upon improved farm lands, but no loans shall be made upon such lands or other real estate which, including the aggregate amount of all incumbrances, shall exceed fifty per cent of the cash value thereof; or upon notes secured by collateral security of known marketable value exclusive of mining stock; or shall be deposited in good solvent banks or held as cash; provided, also, that chattel mortgages shall not be deemed collateral security, and savings banks are prohibited from investing their funds in them except with the written consent of the state bank examiner.

      Sec. 4.  Section 8 of the above-entitled act shall be amended so as to read as follows:

      Section 8.  That hereafter no bank or trust company or banker shall be permitted to carry on business with a less capital than twenty-five thousand dollars, and the full amount of the capital of any bank or trust company must be paid in cash before it shall be authorized to commence business, or any individual banker be permitted to be in or continue business. No bank in this state shall hereafter open or maintain any branch bank or office. All of the provisions of this act shall be applicable as far as may be to individuals, firms, or associations, as well as to corporations.

      Sec. 5.  Section 9 of the above-entitled act shall be amended so as to read as follows:

      Section 9.  The capital stock of any banking corporation doing business under the laws of this state may be increased or decreased at any time by a resolution adopted by two-thirds of its stockholders, at any regular meeting or a special meeting called for that purpose, of which all stockholders shall have due notice, in the manner provided by the by-laws of such corporation. A certificate must be filed with the bank examiner by the officers of the meeting and by a majority of the directors, showing the compliance with the provisions of this section, the amount to which the capital stock has been increased or decreased, the amount of capital stock represented at the meeting, and the vote upon the question to increase or decrease the capital stock.

Savings bank business, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minimum capital $25,000

 

 

 

 

 

 

 

Capital stock may be increased or diminished, how


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

ê1931 Statutes of Nevada, Page 260 (CHAPTER 161, SB 158)ê

 

 

 

 

 

 

 

 

Proviso as to increase

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank’s liabilities not to exceed 25 per cent of capital stock and surplus

filed with the bank examiner by the officers of the meeting and by a majority of the directors, showing the compliance with the provisions of this section, the amount to which the capital stock has been increased or decreased, the amount of capital stock represented at the meeting, and the vote upon the question to increase or decrease the capital stock. No such changes in the capital stock of any corporation shall be valid or binding until the same shall have been approved by the bank examiner. No increase of the capital stock shall be approved by the bank examiner until the amount thereof shall have been paid in cash; provided, however, that such increased capital may, when authorized by two-thirds of the stockholders of said bank, be paid in whole or in part [from] its surplus or undivided profits. Whenever the capital stock of any bank shall be decreased, as provided in this section, each stockholder, owner, or holder of any stock certificate shall surrender the same for cancellation, and shall be entitled to receive a new certificate for his proportion of the new stock. No decrease in the capital stock of any bank shall be approved unless such bank with reduced capital shall be entirely solvent, and no reduction in capital or of surplus shall be approved to an amount less than is authorized by this act. Whenever the capital stock of any bank shall be increased or decreased, as provided in this section, and the same shall have been approved by the bank examiner, a certificate signed by the president and cashier of the bank, setting forth the amount of stock held by such shareholder shall be filed with the secretary of state, with the county clerk, and with the state board of finance.

      Sec. 6.  Section 15 of the above-entitled act shall be amended so as to read as follows:

      Section 15.  The total liability to any bank of any person, company, corporation, or firm for money borrowed, shall not at any time exceed twenty-five per cent of the capital stock and surplus of such bank except by and with the written consent of the state bank examiner, but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and the discount or purchase of commercial or business paper, actually owned by the persons, shall not be considered as money borrowed; provided, that nothing herein shall be construed as authorizing the bank examiner to consent to a loan to any one such person, company, corporation, or firm to an amount in excess of forty per cent of the capital stock and surplus or to consent to any such loan in excess of twenty-five per cent of the capital stock and surplus except for a limited time, which shall not exceed six months.

      Sec. 7.  Section 17 of the above-entitled act shall be amended so as to read as follows:


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

ê1931 Statutes of Nevada, Page 261 (CHAPTER 161, SB 158)ê

 

      Section 17.  It shall be unlawful for any director, officer or employee of any bank to become an indorser or surety for loans to any other person or in any manner become obligor for money borrowed of or loaned by such bank. The office of any director, officer or employee who acts in contravention to the provisions of this section immediately thereon becomes vacant, and no such director, officer or employee shall be elected or appointed to such vacancy while such indebtedness exists; provided, that the provisions of this section shall not apply to any indorsement or guaranty supplied upon the recommendation of the state bank examiner, and which is supplied for the purpose of protecting such bank against loss from any loan made not less than one year prior to the date of such recommendation.

      Sec. 8.  Section 26 of the above-entitled act shall be amended so as to read as follows:

      Section 26.  Except as otherwise provided in this act, the directors of any bank doing business under this act may declare dividends of so much of the net profits as they may judge expedient.

      Sec. 9.  Section 27 of the above-entitled act shall be amended so as to read as follows:

      Section 27.  Any losses in excess of its undivided profits, sustained by any bank operating under the provisions of this act, may be charged to its surplus fund; provided, that its surplus fund shall thereafter be reimbursed from its earnings until the minimum for such fund required under the provisions of this act shall have been reestablished and no dividends shall be paid while such fund is less than such minimum.

      Sec. 10.  Section 36 of the above-entitled act shall be amended so as to read as follows:

      Section 36.  Whenever it shall appear that the capital stock of any bank doing business under this act has become impaired, the bank examiner shall notify such bank to make such impairment good and to set a time limit therefor which shall not be less than thirty days from the date of such notice, and it shall be the duty of the directors of any bank which has received such notice from the bank examiner immediately to meet and devise means for making good such impairment within the time limit set therefor by the bank examiner, and if the said directors shall determine that, for such purpose, an assessment upon the stockholders is necessary, they shall declare such assessment as may be necessary for such purpose, the same to be due and payable to said bank on some date before the expiration of such time limit. At least twenty days before the expiration of such time limit the stockholders shall be notified, at their last known address, in writing, of any such assessment as may have been determined to be necessary for such purpose, together with the purpose thereof and the final date for payment of such assessment.

No director, officer or employee to indorse loans

 

 

 

 

 

 

 

 

 

 

Dividends

 

 

 

Losses, how charged

 

 

 

 

 

 

 

Impaired capital stock to be made good within thirty days


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

ê1931 Statutes of Nevada, Page 262 (CHAPTER 161, SB 158)ê

 

 

Bank to have prior lien on all stock

 

 

 

 

 

 

 

 

 

Circulation of false reports regarding solvency of bank a misdemeanor

 

 

 

 

 

 

Dividends of closed bank, how paid

 

 

 

 

 

 

 

 

Expenses of bank examiner and deputies

purpose, together with the purpose thereof and the final date for payment of such assessment. The bank shall have a prior lien upon the stock of every individual stockholder to the extent of such assessment and in the event of refusal or failure of any stockholder to meet such assessment, then the lien may be foreclosed and the stock of such delinquent stockholder may be sold to the highest bidder among the other stockholders who shall attend or be represented at a meeting of stockholders called for the purpose and noticed as provided in the case of assessment notices. Nothing herein shall prevent such bank, if not insolvent, from reducing its capital stock to the extent of such impairment if such reduction will not place such capital stock below the minimum amount required by this act.

      Sec. 11.  Section 46 of the above-entitled act shall be amended so as to read as follows:

      Section 46.  Any person circulating, knowing the same to be false, or instigating others to circulate either by word of mouth, writing, or print, false or derogatory stories concerning the credit or solvency of a banking institution shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by imprisonment in the county jail not to exceed six months, or by both such fine or imprisonment.

      Sec. 12.  Section 59 of the above-entitled act shall be amended so as to read as follows:

      Section 59.  At any time after the expiration of the date fixed for the presentation of claims, the examiner may, out of the funds remaining in his hands after the payment of expenses, declare one or more dividends, and after the expiration of one year from the first publication of notice to creditors 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; provided, that no dividend to general creditors shall be paid until all determined preferred claims have been paid in full or the payment thereof shall have been provided for. For the purposes hereof any draft or drafts issued before the closing of such bank, as herein provided, and issued for the settlement of bank clearings, shall be classed as preferred.

      Sec. 13.  Section 68 of the above-entitled act shall be amended so as to read as follows:

      Section 68.  The bank examiner and deputy bank examiners shall be allowed all necessary traveling expenses, when away from the capital on official business, subject to the approval of the state board of finance, all such traveling expenses to be paid out of the general fund of the state except as otherwise provided herein.

      Sec. 14.  Section 69 of the above-entitled act shall be amended so as to read as follows:


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

ê1931 Statutes of Nevada, Page 263 (CHAPTER 161, SB 158)ê

 

      Section 69.  The salaries of the said bank examiner, his deputies and the members of the state board of finance, and the traveling expenses and hotel expenses of each, except as otherwise provided herein, shall be paid by the state treasurer upon warrants drawn by the state controller, when the same shall have been approved by the board of examiners of this state, out of the general fund of the state treasury in the same manner as other state officers are paid.

      Sec. 15.  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 a section to be void or ineffectual for any cause shall not be deemed to affect any other section or part of section.

      Sec. 16.  All acts and parts of acts in conflict herewith are hereby repealed.

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

Salaries paid from state funds

 

 

 

 

Each section to be construed separately

 

 

Repeal

In effect

 

________

 

CHAPTER 162, SB 148

[Senate Bill No. 148–Committee on Ways and Means]

 

Chap. 162–An Act to amend sections 3, 6 and 22 of an act entitled “An act defining the duties of state controller,” approved February 24, 1866, as amended, being sections 7348, 7351 and 7367 Nevada Compiled Laws 1929.

 

[Approved March 25, 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 7348 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 3.  He shall digest, prepare, and report to the governor, not later than sixty days after the close of each fiscal year to be laid before the legislature at each regular session, a complete statement of the condition of the revenues, taxable funds, resources, incomes, and property of the state, and the amount of the expenditures for the preceding fiscal year; a full and detailed statement of the public debt; also, a tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended; a tabular statement showing the amount of revenue collected from each county for the preceding year; and shall recommend such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and, generally, for the better management and more perfect understanding of the fiscal affairs of the state.

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual report of state controller, what shall contain


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

ê1931 Statutes of Nevada, Page 264 (CHAPTER 162, SB 148)ê

 

 

 

 

 

To draw warrants and keep account thereof, and all appropriations

 

 

 

 

 

 

 

 

 

 

 

Warrant register, etc.

 

 

 

 

 

 

 

 

 

Repeal

In effect

generally, for the better management and more perfect understanding of the fiscal affairs of the state.

      Sec. 2.  Section 6 of the above-entitled act, being section 7351 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 6.  He shall draw all warrants upon the treasury for money, and each warrant shall express, in the body thereof, the particular fund out of which the same is to be paid, the appropriation under which the same is drawn, and the nature of the service to be paid, and no warrant shall be drawn on the treasury except there be an unexhausted specific appropriation, by law, to meet the same. He shall keep an account of all warrants by him drawn on the state treasury, which account shall be kept in such manner as to show monthly the amount of warrants drawn, the amount paid, and the amount outstanding. He shall keep a record of all appropriations in a book provided for that purpose, in which book he shall enter the nature of the appropriation, referring to the statute authorizing the same, the amount appropriated, amounts credited by law, accounting debits and credits, the amounts paid therefrom each month, showing assets and expenses, and posting the same to proper ledger accounts, with a yearly total of all payments and the balance remaining, and the amount, if any, reverting.

      Sec. 3.  Section 22 of the above-entitled act, being section 7367 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 22.  He shall draw a warrant in favor of any person entitled to draw or to receive any money from the treasury, and deliver or mail the same to the person entitled thereto. He shall keep a warrant register, in which book he shall enter all warrants drawn by him. The arrangement of this book shall be such as to show the bill and warrant number, the amount, out of which fund the same are payable, and a distribution of the same under the various appropriations. He shall credit the treasurer with all warrants paid.

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

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 265ê

CHAPTER 163, SB 150

[Senate Bill No. 150–Senator Dolf]

 

Chap. 163–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919.

 

[Approved March 25, 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, the same being section 8010 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 3.  When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. Contiguous or neighboring lands susceptible of irrigation from the common source or combined sources aforesaid, not included in such district as described in the petition, may at such hearing upon application of the holder or holders of title or evidence of title thereto, as prescribed in section 1 hereof, be included in such district, and lands described in said petition not susceptible of irrigation from such system or systems may upon similar application be excluded therefrom; provided always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is susceptible of irrigation by the system or systems aforesaid. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well-founded a writ of mandamus shall, upon proper application thereof, issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to hold hearing on petition; may adjourn same not exceeding three weeks

 

 

 

 

 

Boundaries not to be modified to defeat object

 

 

 

 

 

 

Mandamus resorted to, when


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

ê1931 Statutes of Nevada, Page 266 (CHAPTER 163, SB 150)ê

 

 

 

 

 

 

 

Election to be called

 

 

 

 

 

 

 

 

 

Notice of election to be published

 

 

 

Polling places, etc.

time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division by the qualified electors of the district and shall be a qualified elector of the district and holder of title, or evidence of title as prescribed in section 1 of this act, to land within the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act; provided, that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. Such notice shall require the electors to cast ballots, which shall contain the words “Irrigation District-Yes,” or “Irrigation District-No,” or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 267ê

CHAPTER 164, Assembly Substitute for Assembly Bill No. 42

[Assembly Substitute for Assembly Bill No. 42–Committee on Roads and Highways]

 

Chap. 164–An Act providing for the licensing and registration of automobile operators and chauffeurs.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person to drive a motor vehicle upon any public highway in this state, whether as an operator or chauffeur, unless such person has been licensed as an operator or chauffeur.

      Sec. 2.  Every person who is employed by another for the purpose of driving a motor vehicle on the public highway in this state and who receives compensation therefor is a chauffeur within the meaning of the word as used in this act.

      Sec. 3.  Every person before driving a motor vehicle as an operator or as a chauffeur shall apply to the county assessor for an operator’s or for a chauffeur’s license. Application shall be made upon blanks to be furnished by the county assessor in such form as may be prescribed by the department of highways.

      Sec. 4.  For the issuance of licenses to operators and chauffeurs of motor vehicles no fee shall be charged.

      Sec. 5.  No operator’s or chauffeur’s license shall be issued to any person under 15 years of age. Any application for operator’s and chauffeur’s license for a minor shall be signed by his legal guardian or parent having custody of such minor.

      Sec. 6.  The county assessor shall issue to every operator a printed operator’s or chauffeur’s license bearing thereon a distinguishing number assigned to the applicant, which shall contain the name, age and residence address of the person to whom the license is issued, and also contain a space for the signature of the licensee. Every person so licensed shall write his usual signature with pen and ink in the space provided for that purpose on the license certificate immediately upon receipt of such certificate, and such license shall not be valid until so signed.

      Sec. 7.  The licensee shall have such license in his immediate possession at all times when driving a motor vehicle, and shall display the same upon the demand of a justice of the peace, a peace officer or a member of the state highway patrol.

      Sec. 8.  Whenever any person holding an operator’s or chauffeur’s license shall be convicted of a violation of any of the provisions of the state motor vehicle law or the state traffic act, any laws of the State of Nevada, or the ordinances of any county or incorporated city, in anywise appertaining to traffic regulations, a court of competent jurisdiction may in its discretion suspend the license of such person for such period as to the court may seem proper.

 

 

 

 

 

 

 

 

 

 

Drivers must procure license

 

 

 

Chauffeur defined

 

Assessor to issue license

 

 

No fee to be charged

No license to person under 15 years of age

 

 

What license to contain

 

 

 

 

 

License must be in possession of driver


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

ê1931 Statutes of Nevada, Page 268 (CHAPTER 164, Assembly Substitute for Assembly Bill No. 42)ê

 

 

 

License may be suspended, when

 

 

 

 

 

 

Idem; penalty

 

Liability of parent or guardian

 

 

 

 

Liability of owner of vehicle

 

 

Licenses of other states recognized

 

 

Nonresidents must secure license, when

state traffic act, any laws of the State of Nevada, or the ordinances of any county or incorporated city, in anywise appertaining to traffic regulations, a court of competent jurisdiction may in its discretion suspend the license of such person for such period as to the court may seem proper. Whenever any court shall suspend an operator’s or chauffeur’s license, as in this section provided, the court shall require such license certificate to be produced and surrendered to the court and the court shall retain such license certificate during the period of suspension, returning the same to the owner at the end of such period only, however, after a record of such suspension has been indorsed thereon by order of the court.

      Sec. 9.  Any person who drives a motor vehicle after his operator’s or chauffeur’s license has been revoked or suspended is guilty of a misdemeanor.

      Sec. 10.  It shall be unlawful for any person to cause or knowingly permit his or her child or ward under the age of twenty-one years or any employee to drive a motor vehicle upon the public highway, whether as operator or chauffeur, unless such child, ward or employee shall have first obtained a license to so drive a motor vehicle under the provisions of this act.

      Sec. 11.  No person shall employ for hire as a chauffeur of a motor vehicle any person not licensed as in this act provided. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so, or in violation of the provisions of this act.

      Sec. 12.  A nonresident over the age of sixteen years who has been duly licensed either as an operator or chauffeur under a law requiring the licensing of operators or chauffeurs in his home state or country and who has in his immediate possession either a valid operator’s or chauffeur’s license issued to him in his home state or country shall be permitted a license under this act to drive a motor vehicle upon the highways of this state.

      Sec. 13.  It shall be unlawful for any nonresident whose home state or country does not require the licensing of operators or chauffeurs, and who has not been licensed either as an operator or chauffeur in his home state or country, to operate any motor vehicle upon any highway in this state without first making application for and obtaining a license as an operator or chauffeur as required under this act, except that any said unlicensed nonresident who is over the age of sixteen years and who is a resident of a state not requiring operators’ licenses may operate any motor vehicle which has been duly registered for the current calendar year in the state or country of which the owner is a resident upon the highways of this state for a period of not more than thirty (30) days in any one year without making application for or obtaining an operator’s or chauffeur’s license under this act, upon condition that such nonresident may be required at any time or place to prove lawful possession or the right to operate such motor vehicle and establish his proper identity.


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

ê1931 Statutes of Nevada, Page 269 (CHAPTER 164, Assembly Substitute for Assembly Bill No. 42)ê

 

more than thirty (30) days in any one year without making application for or obtaining an operator’s or chauffeur’s license under this act, upon condition that such nonresident may be required at any time or place to prove lawful possession or the right to operate such motor vehicle and establish his proper identity.

      Sec. 14.  Any nonresident or other person whose operator’s or chauffeur’s license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this act shall not operate a motor vehicle in this state under a license, permit or registration certificate issued by any other jurisdiction, or otherwise operate a motor vehicle in this state during the period of such suspension, or within one year after the date of such revocation.

      Sec. 15.  Any violation of the provisions of this act shall be a misdemeanor.

      Sec. 16.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

 

When license of other state not accepted

 

 

 

Penalty for violation

In effect

 

________

 

CHAPTER 165, Assembly Substitute for Assembly Bills Nos. 68, 69, 147

[Assembly Substitute for Assembly Bills Nos. 68, 69, 147–Committee on Corporations and Railroads]

 

Chap. 165–An Act relating to agents, prescribing certain qualifications, providing penalties for violation hereof, and other matters relating thereto.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  No person shall within this state act as agent of any insurance or surety company or other insurer until such person shall have first obtained a license from the insurance commissioner of the State of Nevada authorizing him so to act. Any person duly appointed and authorized by an insurance or surety company or other insurer to solicit applications for insurance or surety bonds in the name of such company or other insurer shall be an agent within the meaning of this section.

      Sec. 2.  The insurance commissioner shall, upon written notice from any insurance or surety company or other insurer, authorized to transact business in this state, of the appointment of a person to act as its agent and upon the payment of the fee of one dollar issue to such person a license in such form as may be prescribed by the insurance department; provided, however, that such proposed licensee shall first file with the insurance commissioner a statement in writing by a duly authorized representative of the company or insurer which the agent seeks to represent, setting forth:

 

 

 

 

 

 

 

 

 

 

 

Agents of insurance or surety companies must secure license

 

 

 

Insurance commissioner to issue license


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

ê1931 Statutes of Nevada, Page 270 (CHAPTER 165, Assembly Substitute for Assembly Bills Nos. 68, 69, 147)ê

 

Requirements for license

 

 

 

 

 

 

 

 

 

 

 

Commissioner to investigate applicant

 

 

 

Term of license

 

 

 

 

Penalty for false representation

 

 

 

Certain companies exempt

Agent must approve all policies written in state

      (a) That the applicant has been a bona fide resident of the State of Nevada for three months.

      (b) That the applicant is known to him.

      (c) That applicant has had experience or instruction, or shall within thirty days from the issuance of his license be given the necessary instruction in each of the kinds of insurance or surety bonds the applicant proposes to write under the license applied for.

      (d) The nature of any business other than insurance or surety agent in which the applicant may be engaged and the name under which such business is conducted.

      (e) That the applicant is of good reputation.

      (f) The applicant is worthy of a license; and the said licensee shall make answer under oath to such interrogatories as the insurance commissioner himself or through his deputies may propound on forms prepared by the commissioner.

      Sec. 3.  No license shall be issued under the commissioner has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that said applicant is qualified to hold a license.

      Sec. 4.  Unless revoked by the commissioner, or unless the company or other insurer by written notice to the commissioner cancels the authority of the agent or other person licensed hereunder to act, the license or any renewal thereof shall expire on the first day of February next after its issue or renewal. Any license issued after this section takes effect may, in the discretion of the insurance commissioner, be renewed for a succeeding year by a renewal certificate without the commissioner requiring the detailed information required by the above provisions of this act.

      Sec. 5.  Any person who shall act or offer to act or assume to act as an insurance or surety agent, or other person required to be licensed hereunder, unless licensed by the insurance commissioner as provided in this act, or after such license has been granted to him has been suspended or revoked, unless proceedings are pending in the court to review the act of the commissioner, shall be guilty of a misdemeanor.

      Sec. 6.  Life, health and bodily accident insurance companies and their agents are not subject to the provisions of subdivision a, section 2 of this act.

      Sec. 7.  No insurance company or other insurer, other than life insurance companies authorized to transact business in this state, shall make, write, place or cause to be made, written or placed, any policy or duplicate policy or general or floating policy or contracts of indemnity for suretyship or renewal of any thereof covering risks located in this state at the time of execution of any such policy or contract, except through or after a risk has been approved in writing by an agent of the company residing in this state and regularly authorized to transact such business therein, who shall countersign all such policies or contracts of indemnity or suretyship or renewals of any thereof so issued, and receive or be credited with the premium thereon when paid, and who shall also receive the full amount of the commission as earned by such policy or contracts of indemnity for suretyship.


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

ê1931 Statutes of Nevada, Page 271 (CHAPTER 165, Assembly Substitute for Assembly Bills Nos. 68, 69, 147)ê

 

in writing by an agent of the company residing in this state and regularly authorized to transact such business therein, who shall countersign all such policies or contracts of indemnity or suretyship or renewals of any thereof so issued, and receive or be credited with the premium thereon when paid, and who shall also receive the full amount of the commission as earned by such policy or contracts of indemnity for suretyship. No such company or insurer shall by its officers, agents or managers, not residents of this state, write policies or contracts of insurance or suretyship covering risks located within this state at the time of the execution of the policy or contract upon blanks previously countersigned by an agent in this state.

      Sec. 8.  Nothing in this act shall be construed to prevent any such insurance or surety company, or other insurer authorized to transact business in this state, from binding at offices outside of this state, risks covering in this state; provided, that policies or contracts therefor are thereafter issued by agents of said companies or other insurers who are residents of this state as specified above, and who shall receive or be credited with the premium thereon when paid, and who shall also receive the full amount of the commission as earned by such premium.

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

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

 

 

 

 

 

 

 

 

 

May underwrite policies through state agencies

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 166, SB 192

[Senate Bill No. 192–Senator Burt]

 

Chap. 166–An Act authorizing the county commissioners of Lincoln County to issue bonds for the purpose of retiring “Caliente Public Utility,” “Caliente Public Utility Second Issue,” and “Caliente Public Utility Third Issue” bonds, and for the purpose of extending the water mains and make improvements for the fire system in the town of Caliente in said county, the levy and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 25, 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 Lincoln is authorized and directed to prepare, issue and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $35,000, exclusive of interest, for the purpose of providing funds for the retirement of those certain bonds or obligations, designated as “Caliente Public Utility” issue of 1921, “Caliente Public Utility Second Issue,” 1924, and “Caliente Public Utility Third Issue,” 1924, and for the purpose of extending the water mains in the said town of Caliente and for improvements of the fire system.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$35,000 bond issue for retirement of certain bonds and making improvements at Caliente


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

ê1931 Statutes of Nevada, Page 272 (CHAPTER 166, SB 192)ê

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to negotiate sale of bonds

 

 

Proceeds to go into fund

 

 

 

 

 

 

 

 

Tax levy to pay interest and redeem bonds

Public Utility Second Issue,” 1924, and “Caliente Public Utility Third Issue,” 1924, and for the purpose of extending the water mains in the said town of Caliente and for improvements of the fire system. Said bonds shall be named “Town of Caliente General Utility 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 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 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.

      Sec. 4.  The said board of county commissioners 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 “Town of Caliente General Utility Fund,” and who shall pay out of the same for the retirement of those certain bonds or obligations of the said town of Caliente, designated as “Caliente Public Utility” issue of 1921, “Caliente Public Utility Second Issue,” 1924, and “Caliente Public Utility Third Issue,” 1924, and for the extension of water mains and for the improvements of the fire system of said town of Caliente.

      Sec. 5.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Caliente until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, at least one-twentieth of said bonds annually, beginning with the first Monday in July after said bonds are issued, until all of said bonds have been redeemed and retired.


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

ê1931 Statutes of Nevada, Page 273 (CHAPTER 166, SB 192)ê

 

bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, at least one-twentieth of said bonds annually, beginning with the first Monday in July after said bonds are issued, 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 Caliente General Utility Bond and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Caliente.

      Sec. 6.  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 bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Caliente general utilities fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 7.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all of the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

      Sec. 8.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

 

 

 

 

County treasurer to redeem bonds

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 274ê

CHAPTER 167, SB 191

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provisions of mine inspector’s act extended to include tunnels, etc.

 

 

 

 

 

 

 

 

 

Idem

[Senate Bill No. 191–Committee on Mines and Mining]

 

Chap. 167–An Act supplementary of an act entitled “An act creating the office of inspector of mines, fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909,” and all acts amendatory thereof and supplementary thereto, and extending the powers and provisions thereof to the examination and inspection of tunnels, drifts and other underground excavations and workings, where persons are engaged at work, and to the constructors, contractors, subcontractors and others engaged or employed therein or in the operation thereof, and to the duties, obligations, liabilities and penalties imposed by that act; and providing for the appointment of an additional deputy inspector of mines and for his salary and expenses.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  All of the powers, obligations, liabilities, penalties and other provisions of an act entitled “An act creating the office of inspector of mines, fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909, of all acts amendatory thereof and supplementary thereto, defining and prescribing the duties powers and authority of the inspector of mines to enter and examine mines in this state, and matters relating thereto, are hereby extended to all tunnels, drifts and other underground excavations and workings where persons are employed at work, so as to authorize, empower and require the said inspector of mines to enter, inspect, and examine all tunnels, drifts and other underground excavations and workings in this state in the interest of the safety of persons so employed.

      Sec. 2.  All of the requirements, duties, obligations and penalties imposed upon the owner, operator, agent, manager, lessee and/or employee of the mines of this state, in said act prescribed, are hereby extended to and imposed upon the owner, constructor, contractor, subcontractor, operator, agent, manager, lessee and/or employee, as the case may be, of all such tunnels, drifts and other underground excavations and workings where persons are employed at work in this state.


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

ê1931 Statutes of Nevada, Page 275 (CHAPTER 167, SB 191)ê

 

of all such tunnels, drifts and other underground excavations and workings where persons are employed at work in this state.

      Sec. 3.  All the acts and omissions of the owner, operator, agent, manager, lessee and/or employee of mines which are prohibited or declared unlawful in that act are hereby prohibited and declared unlawful as to the acts and/or omissions of the owner, constructor, contractor, subcontractor, operator, agent, manager, lessee and/or employee, as the case may be, of all such tunnels, drifts and other underground excavations and workings where persons are employed at work in this state.

      Sec. 4.  The inspector of mines is hereby authorized to appoint an additional deputy inspector to assist in the performance of the duties of the mine inspector as provided for herein; and said additional deputy mine inspector shall receive the salary of $225 per month as full and complete compensation for all services to be rendered by him; and said compensation shall be paid out of the industrial insurance fund of the State of Nevada. In addition to said salary the deputy herein provided for shall be allowed his traveling expenses while in the discharge of his duties. Such traveling expenses to be paid also out of the industrial insurance fund of this state.

      Sec. 5.  This act shall not become effective nor shall said deputy mining inspector be appointed or said expenditures herein authorized paid unless and until the employers, contractors and others engaged in the work, as in this act mentioned, shall accept and continue under the provisions of the Nevada industrial insurance act.

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

 

 

Idem

 

 

 

 

 

Additional deputy to be appointed; expense a charge against industrial insurance fund

 

 

 

 

Act effective, when

 

 

 

In effect

 

________

 

CHAPTER 168, SB 190

[Senate Bill No. 190–Committee on Ways and Means]

 

Chap. 168–An Act to amend section 1 of an act entitled “An act to amend an act entitled ‘An act to provide for the publication of the decisions of the supreme court of the State of Nevada and such other official advertising as is required by the state,’ approved March 29, 1907,” as amended, being section 6953 Nevada Compiled Laws 1929.

 

[Approved March 25, 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.  The state board of examiners of the State of Nevada shall, within ten days after the approval of this act, select one daily newspaper, published at the capital, in which all advertising required by the state shall be published, including the decisions of the supreme court; provided, that the expense of such publications shall not exceed the sum of two hundred ($200) dollars per month; provided, such decisions must be published within ten days after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of the paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of this state.

 


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

ê1931 Statutes of Nevada, Page 276 (CHAPTER 168, SB 190)ê

 

 

Newspaper at capital to publish supreme court decisions and official advertising

 

 

 

 

 

 

 

 

 

 

 

Publisher must file certificate of publication

 

 

Proviso

 

 

 

 

 

 

 

 

 

In effect

Nevada shall, within ten days after the approval of this act, select one daily newspaper, published at the capital, in which all advertising required by the state shall be published, including the decisions of the supreme court; provided, that the expense of such publications shall not exceed the sum of two hundred ($200) dollars per month; provided, such decisions must be published within ten days after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of the paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of this state. Said sums to be paid monthly out of the general fund. At the time of delivering the copy of any decision to any publisher pursuant to the provisions of this act, which shall be immediately after said decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall be set forth the date of such delivery, the title and number of the case, and the name of the publication in which said decision is to be printed. All opinions thus delivered shall be published within ten days from the date of the delivery thereof, as evidenced by the receipt herein provided for. The state controller, before delivering any warrant for the payment of any money in compensation for the publication of decisions of the supreme court, shall require a certificate to be filed in the office of said controller by the clerk of the supreme court, setting forth under oath that the decisions of the supreme court, designating each of the same by the number of the case, have been published as required by this act, and that each of said decisions has been published within the time as herein specified; provided, however, that for good cause shown, upon the affidavit of the publisher to whom the publication of supreme court decisions has been by the board of examiners awarded, the chief justice of the supreme court may extend the time within which such decision or any decision or decisions may be published; and where such extension of time is granted, notice of such order shall appear in the certificate of the clerk of the supreme court herein provided to be filed with the state controller; provided, further, that if during any month no decisions or opinions are filed by the supreme court the certificate from the clerk of the court shall state such fact, and such certificate shall be sufficient to authorize the state controller to issue the warrant for that month.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 277ê

CHAPTER 169, SB 182

[Senate Bill No. 182–Senator Heidtman]

 

Chap. 169–An Act requiring corroborative proof of residence in certain cases.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  In all civil cases where the jurisdiction of the court depends upon the residence of one of the parties to the action, the court shall require corroboration of the evidence of such residence.

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

 

 

 

 

 

 

 

 

 

Corroborative proof of residence required

 

In effect

 

________

 

CHAPTER 170, SB 180

[Senate Bill No. 180–Committee on Ways and Means]

 

Chap. 170–An Act authorizing the board of commissioners for the care of the indigent insane of the State of Nevada to enter into a contract with the authorities of the city of Sparks for the purpose of connecting the sewage system of the Nevada hospital for mental diseases with the sewage system of the city of Sparks; providing for the compensation therefor; making an appropriation therefor, and other matters properly relating thereto.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The board of commissioners for the care of the indigent insane of the State of Nevada is hereby authorized and empowered to make surveys, estimates, and other preliminary determination as to the feasibility of connecting the sewage system of the Nevada hospital for mental diseases with the sewage system of the city of Sparks, in Washoe County, Nevada.

      Sec. 2.  Upon the completion of the surveys, estimates and determination provided for in section 1 hereof, if said board shall determine that such connection is feasible and for the best interests of the State of Nevada, said board is hereby authorized and empowered to proceed to plan, construct and connect all necessary works, including equipment and supplies, to connect the sewage system of the Nevada hospital for mental diseases with that of the city of Sparks.

      Sec. 3.  Upon the completion of the construction and connection of said sewage system as provided in section 2 of this act, the said board for the care of the indigent insane of the State of Nevada is hereby authorized and empowered to enter into a contract with the city of Sparks to pay for its proportion of the sewage treatment; provided, that said treatment for which the State of Nevada shall be responsible shall not exceed the sum of twenty-five ($25) dollars per month.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hospital board to make sewerage survey

 

 

 

May connect hospital with Sparks system

 

 

 

 

 

Board may contract with city of Sparks


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ê1931 Statutes of Nevada, Page 278 (CHAPTER 170, SB 180)ê

 

 

 

 

 

Appropriation for purposes of act

 

 

 

 

In effect

proportion of the sewage treatment; provided, that said treatment for which the State of Nevada shall be responsible shall not exceed the sum of twenty-five ($25) dollars per month.

      Sec. 4.  For the purpose of carrying out the provisions of this act there is hereby appropriated out of any money in the state treasury not otherwise specially appropriated the sum of ten thousand ($10,000) dollars, and the said board for the care of the indigent insane of the State of Nevada is hereby authorized and empowered to draw its orders on said fund for all the claims arising in the carrying out of the provisions of this act, and same shall be paid in the same manner as other claims are paid against the State of Nevada.

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

 

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CHAPTER 171, SB 178

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Eureka County

 

Salary of sheriff

[Senate Bill No. 178–Eureka County Delegation]

 

Chap. 171–An Act fixing the salaries and compensations of the officers of Eureka County, and repealing all acts or parts of acts in conflict with this act.

 

[Approved March 25, 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 county officers of Eureka County, State of Nevada, named in this act, shall receive the following salaries and fees, in full compensation for their services.

      Sec. 2.  The sheriff shall receive a salary of two thousand one hundred dollars per annum, and such fees in civil cases, wherein the State of Nevada or the county of Eureka is not a party, as are provided for by law; provided, that when in criminal cases it becomes necessary for the sheriff to travel a greater distance than twenty miles from the county seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and paid. He may appoint a deputy sheriff, who shall act as a jailer, at a compensation not exceeding one hundred and fifty dollars per month.

      Sec. 3.  The district attorney shall receive a salary of two thousand one hundred dollars per annum, and such fees as are now allowed by law; provided, that when in the proper discharge of his duties as district attorney it becomes necessary to travel a greater distance than twenty miles from the county seat he shall be allowed his actual traveling expenses.


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ê1931 Statutes of Nevada, Page 279 (CHAPTER 171, SB 178)ê

 

fees as are now allowed by law; provided, that when in the proper discharge of his duties as district attorney it becomes necessary to travel a greater distance than twenty miles from the county seat he shall be allowed his actual traveling expenses. The district attorney shall present to the board of county commissioners a bill of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other expenses are audited and allowed.

      Sec. 4.  The county clerk, who shall be ex officio county treasurer in and for said county and ex officio clerk of the district court and of the board of county commissioners of said county, shall receive as a salary as treasurer the sum of one thousand three hundred and fifty dollars per annum, and as clerk a salary of seven hundred and fifty dollars per annum, and such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to county clerks.

      Sec. 5.  The county recorder and ex officio county auditor shall receive for all such services a salary of two thousand one hundred dollars per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to the county recorder.

      Sec. 6.  The county assessor shall receive a salary of two thousand one hundred dollars per annum; provided, that when in the proper discharge of his duties as assessor it becomes necessary to travel a greater distance than three miles from the county seat he shall be allowed his actual traveling expenses. The assessor shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow on such claim in the same manner as other expenses are audited and allowed.

      Sec. 7.  The county commissioners shall receive a salary of nine hundred dollars per annum and ten cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and board of canvassers, and when meeting to consider cases of extradition, as provided by law.

      Sec. 8.  All salaries and expenses herein provided for shall be payable in equal monthly installments and shall be allowed and approved by the board of county commissioners upon the date of their regular meeting in each month.

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

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

District attorney

 

 

 

 

 

 

County clerk

 

 

 

 

 

 

County recorder

 

 

 

County assessor

 

 

 

 

 

 

 

County commissioners

 

 

 

Salaries payable monthly