[Rev. 12/19/2019 5:51:21 PM]

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ê1931 Statutes of Nevada, Page 309 (CHAPTER 189, SB 133)ê

 

of Douglas. Facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding six per centum per annum, payable semiannually on the first day of January and the first day of July of each year. They shall be redeemed and retired consecutively in the order of their issuance annually; provided, the various annual maturities shall commence not later than the third year after the date of issue of such bonds, and all such bonds shall be redeemed in installments as fixed and determined by said board at the time of issuance; and provided further, that the said bonds and each of them shall mature and be redeemed at a time not later than twenty years from the date of issue. Subject to the foregoing, said board shall fix the various maturities of the bonds issued.

      Sec. 5.  The said bonds may be issued on the same or different dates. The said board is authorized to issue and negotiate the sale of said bonds from time to time as the said board may deem necessary, to the highest responsible bidders for cash, at a price not less than their par value and accrued interest or at private sale at not less than their par value and accrued interest. The proceeds of such sales shall be placed in a fund to be known as the “Minden Town Bond Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer and in payment of obligations contracted under the provisions of this act.

      Sec. 6.  To provide for the payment of the principal and interest on said bonds as the same may become due and payable the board of county commissioners of Douglas County shall levy and collect annually a tax on the assessed value of all property, both real and personal, subject to taxation within the boundaries of said town of Minden until such bonds and the interest thereon shall have been fully paid, sufficient to provide for the payment of the interest on said bonds and to pay and retire, beginning with bond number one and consecutively thereafter, the bonds falling due in each year, 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 “Minden Town Bond Interest and Redemption Fund.” Said bonds and the interest shall be paid from this fund. Said bonds and the interest thereon shall be a lien upon all property subject to taxation within said town of Minden.

      Sec. 7.  It is further hereby provided and authorized that sufficient available moneys as collected for service from the water users of the town water system of the town of Minden may be transferred from time to time and deposited in the Minden town bond interest and redemption fund as additional revenue for the payment of said bonds and interest.

 

Rate of interest

 

 

 

 

 

Redemption of bonds

 

 

Proceeds of sale to go into fund

 

 

 

 

 

 

 

Tax levy to pay interest and redeem bonds


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ê1931 Statutes of Nevada, Page 310 (CHAPTER 189, SB 133)ê

 

Proceeds from water system to go into redemption fund

 

 

 

 

Interest to cease, when

 

 

 

Duties of county treasurer

 

 

 

 

Legality of bond issue not open to contest

 

Faith of state pledged

 

 

 

 

 

 

Repeal

 

In effect

sufficient available moneys as collected for service from the water users of the town water system of the town of Minden may be transferred from time to time and deposited in the Minden town bond interest and redemption fund as additional revenue for the payment of said bonds and interest. If at any time there are sufficient available funds in said Minden town bond interest and redemption fund to legally care for said obligations of the current year, in full or in part, the board of county commissioners shall omit or reduce correspondingly the said tax rate for that year.

      Sec. 8.  No interest shall be allowed or paid on any of the said bonds after they have become due and payable. Any balance remaining in any fund hereby created and provided for, after the accomplishment of the said purposes, shall be converted and transferred into and become a part of the general fund of the town of Minden.

      Sec. 9.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face “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. 10.  When the said bonds and coupons shall have been issued and executed as herein provided, their legality shall not be open to contest by said town or by any person or corporation for or on its behalf, or for any reason whatsoever.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation 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. This act shall be in full force and effect on and after its passage and approval, but the board of county commissioners of Douglas County, acting as a town board or otherwise, shall have no authority whatever to issue any bonds under or by virtue of this act after March 1, 1933.

      Sec. 12.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 13.  This act shall be in full force and effect on its passage and approval.

 

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ê1931 Statutes of Nevada, Page 311ê

CHAPTER 190, SB 134

[Senate Bill No. 134–Senator Bush]

 

Chap. 190–An Act fixing the compensation of the official reporter of the supreme court of the State of Nevada.

 

[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 and approval of this act, the official reporter of the supreme court, in full for his services as court reporter, reporter of decisions and stenographic clerk, shall receive a salary of twenty-seven hundred ($2,700) dollars per annum, payable in equal monthly installments out of the general fund, the same as other state officers are paid.

      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.

 

 

 

 

 

 

 

 

 

 

Salary of official reporter of supreme court

 

 

Repeal

 

In effect

 

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CHAPTER 191, SB 135

[Senate Bill No. 135–Senator Dolf]

 

Chap. 191–An Act for the relief of Nevada stock farm, Inc.

 

[Approved March 25, 1931]

 

      Whereas, It appears from the biennial report of the state board of agriculture for the State of Nevada for the years 1929-1930, made to the Honorable F. B. Balzar, governor of the State of Nevada, that the Nevada state agricultural society had, on January first, 1931, a deficit for the years 1929-1930 in the sum of $1,407.15, of which $1,272.15 was due the Nevada stock farm, Inc., and $135 to the Nevada racing commission; and

      Whereas, The Nevada racing commission has assigned its claim for $135 to the Nevada stock farm, Inc.; and

      Whereas, A claim for the total amount of $1,407.15 has been presented to and acted upon by the state board of examiners for the State of Nevada; and

      Whereas, Said claim is a just claim against the State of Nevada, but there is not now available in the Nevada state agricultural society fund any money for the payment of said claim; and

      Whereas, There is rightfully due and owing from the State of Nevada to the Nevada stock farm, Inc., the sum of $1,407.15, which was actually expended at the express direction, on behalf of and for the sole use and benefit of the Nevada state agricultural society; now, therefore,

 

 

 

 

 

 

Relief of Nevada stock farm, Inc.


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ê1931 Statutes of Nevada, Page 312 (CHAPTER 191, SB 135)ê

 

 

 

 

 

 

 

Appropriation $1,407.15

 

 

 

In effect

direction, on behalf of and for the sole use and benefit of the Nevada state agricultural society; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  That the sum of $1,407.15 is hereby appropriated out of any moneys of the general fund of the state treasury not otherwise specifically appropriated for the payment of the above claim and the state controller is hereby directed to draw his warrant in favor of said Nevada stock farm, Inc., for said amount and the state treasurer is directed to pay the same from said appropriation.

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

 

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CHAPTER 192, SB 137

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county officers of Clark County

 

Sheriff

 

 

Expenses of sheriff; deputy

 

 

 

 

County clerk

 

 

Assessor

[Senate Bill No. 137–Senator Henderson]

 

Chap. 192–An Act to amend section 1 of an act entitled “An act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith,” approved March 3, 1931.

 

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

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

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

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

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


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ê1931 Statutes of Nevada, Page 313 (CHAPTER 192, SB 137)ê

 

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

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

      The county recorder and auditor shall receive the salary of twenty-four hundred dollars ($2,400) per annum.

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

      Sec. 2.  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.

District attorney

 

Treasurer

 

Recorder

 

County commissioners

 

 

 

 

 

 

 

Repeal

 

In effect

 

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CHAPTER 193, SB 140

[Senate Bill No. 140–Senator Henderson]

 

Chap. 193–An Act to amend section 15 of an act entitled “An act to establish a state printing office and to create the office of superintendent of state printing,” approved March 11, 1879, as amended, and being section 7479 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 15 of the above-entitled act is hereby amended to read as follows:

      Section 15.  The journals and appendices of the two houses of the legislature shall be printed, and there shall be 125 copies of the journals and 50 copies of the appendices bound in the same style as those of the 1927 session; and each member of the legislature of which such journals are the record shall be entitled to one copy of the same; that is to say, each senator shall have a copy of the senate and assembly journals and each assemblyman shall have a copy of the senate and assembly journals; and the journal of each house shall be bound separately.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Journals, 125 copies

Appendix, 50 copies

One copy of each journal to each member of legislature

 

 

Repeal

In effect

 

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ê1931 Statutes of Nevada, Page 314ê

CHAPTER 194, SB 141

 

 

 

 

 

 

 

 

 

 

 

Prices to be charged for state law books

 

 

 

 

 

 

Repeal

In effect

[Senate Bill No. 141–Senator Henderson]

 

Chap. 194–An Act in relation to the sale of state law books.

 

[Approved March 25, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The secretary of state is hereby authorized and directed to sell the state law books at the following prices, namely:

      For each volume of the Nevada Reports up to and including volume No. 50, $1; for each volume of the Nevada Reports published after volume No. 50, $4; for each volume of Nevada and Sawyer’s Digest (1878), 50 cents; for each volume Compiled Laws of Nevada (1861-1900), $1; Statutes of Nevada up to and including Statutes of 1929, $1; the Statutes of Nevada after 1929, $4; special session laws, fifty cents per volume; for each volume of Constitutional Debates, 1864, $1; for each set consisting of volumes 1 and 2 of Revised Laws of Nevada, 1912, $3; for volume 3, Revised Laws, $1.50.

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

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

 

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CHAPTER 195, SB 142

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Number of bound volumes to be printed

[Senate Bill No. 142–Senator Henderson]

 

Chap. 195–An Act to amend section 8 of an act entitled “An act to provide for compiling, reporting, printing and distribution of the decisions of the supreme court of the State of Nevada and repealing certain acts in conflict therewith,” approved March 22, 1915, and being section 5219 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 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The superintendent of printing shall cause to be printed upon good paper and in workmanlike manner 700 copies of each volume of decisions hereafter published, which shall be disposed of as follows: 500 copies shall be bound in buckram and shall be delivered to the secretary of state for the purpose hereinafter specified; and 200 copies shall be stored unbound by the superintendent of state printing subject to the order of the secretary of state.


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ê1931 Statutes of Nevada, Page 315 (CHAPTER 195, SB 142)ê

 

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

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

Repeal

In effect

 

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CHAPTER 196, SB 143

[Senate Bill No. 143–Senator Henderson]

 

Chap. 196–An Act to amend section 14 of an act entitled “An act to establish a state printing office and to create the office of superintendent of state printing,” approved March 11, 1879, as amended, and being section 7478 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 14 of the above-entitled act is hereby amended to read as follows:

      Section 14.  There shall be printed of the statutes of each legislature eight hundred copies. Eight hundred copies shall be bound in buckram or law sheep. The bound volumes shall contain the laws, resolutions and memorials passed at each legislative session, stating the number of the bill and the person who introduced same; also the report of the state treasurer, the constitution of the United States, and the constitution of the State of Nevada. No other report or thing whatever shall be bound therewith.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

What statutes to contain; number printed

 

 

 

 

 

Repeal

In effect

 

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CHAPTER 197, SB 49

[Senate Bill No. 49–Senator Coryell]

 

Chap. 197–An Act to amend sections 4 and 11 of an act entitled “An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation thereof, and to repeal an act now in force relating to the same and known as ‘An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada,’ approved March 16, 1895,” 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 4 of the above-entitled act, being section 2333 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

 


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ê1931 Statutes of Nevada, Page 316 (CHAPTER 197, SB 49)ê

 

Compensation of board members

 

 

 

 

 

 

 

Fee of $25 for license to practice

 

Annual fee, $2; may be reduced or remitted

 

 

 

 

 

 

 

Certified list of practicing dentists to be filed with county clerks

 

Disposition of receipts

 

 

Repeal

In effect

      Section 4.  Out of the funds coming into the possession of the board, each member of said board may receive as compensation ten ($10) dollars per each day actually spent in attending to the duties of his office, and traveling expenses going to and coming from the meetings of the board. Said expenses shall be paid out of the fund hereinafter provided by this act. The secretary shall receive a compensation of one hundred ($100) dollars per year, said compensation to be paid out of the fund provided by this act.

      Sec. 2.  Section 11 of the above-entitled act, being section 2340 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 11.  Every person applying to the board of dental examiners for a license to practice dentistry shall pay to the board a fee of twenty-five ($25) dollars, which shall in no case be refunded. Every licensed dentist shall, on or before the first day of May of each year, except the one in which he is licensed, pay to the secretary of the board of dental examiners a fee of two ($2) dollars, which shall be paid into a fund to be used in carrying out the provisions of this act. The year for which a fee shall be paid shall begin the July first following the May when it becomes due and end the succeeding June thirtieth. The board may reduce or remit altogether said fee for any year, but such reduction or remission must be made alike to all liable to pay the same. In case any person defaults in paying said fee his license may be revoked by the board of dental examiners on thirty days’ notice in writing from the secretary, unless within said time said fee is paid, together with such penalty, not exceeding ten ($10) dollars, as the board may impose. Upon payment of said fee and penalty the board shall reinstate the delinquent’s license. On or before the first day of July of each year the secretary of the board shall send to the county clerk of each county in the state a certified list of all practicing dentists therein who have paid said fee, and the clerk shall enter or paste the same in the register of dentists. All moneys received under this act shall be held in a fund under the direction of the secretary, out of which shall be paid all orders drawn by the board for such expenses as are provided for in said act.

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

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

 

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ê1931 Statutes of Nevada, Page 317ê

CHAPTER 198, SB 72

[Senate Bill No. 72–Senator Getchell]

 

Chap. 198–An Act to amend section 17 of chapter IV of “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended, being section 5666 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 17 of the above-entitled act, being section 5666 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 17.  (1) All teachers’ certificates and life diplomas shall be granted by the state board of education, and said board shall grant only those classes and grades described in this act; provided, that all teachers’ certificates previously issued by legally constituted authorities shall remain valid for the time and under the conditions of the original issue unless revoked in accordance with law. In case of the renewal of any grammar grade certificate now in force, an elementary certificate of the first grade shall be issued instead of said grammar grade certificate.

      (2) The state board of education may issue certificates to all persons qualified to receive the same; they are hereby authorized to provide for and establish a certification bureau in the department of public instruction, and to provide for the employment of a competent assistant. The state superintendent of public instruction shall be administrator of said certification bureau, without extra compensation.

      (3) The state board is hereby authorized to fix fees for the issuance and renewal of certificates and for the issuance of life diplomas. Fees for issuing duplicate certificates or diplomas shall be the same as for issuing the originals; provided, that in no case shall these fees exceed the maximum fees now set by other states in the group known as the eleven western states.

      (4) The moneys received from fees collected under the provisions of this act shall be paid into the state treasury to the credit of the certification bureau fund and said fees shall be used for the payment of the necessary expenses for conducting said bureau, and all claims against said fund shall be audited by the state superintendent of public instruction and upon his order be allowed and paid for from the certification bureau fund as other claims against the state are allowed and paid.

      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 upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificates of teachers

 

 

 

 

 

 

Bureau of certification established

 

 

 

Board to fix fees

 

 

 

 

Proceeds from fees to go into certification bureau fund

 

 

 

Repeal

 

In effect

 

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ê1931 Statutes of Nevada, Page 318ê

CHAPTER 199, AB 252

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed

[Assembly Bill No. 252–Mr. Noble]

 

Chap. 199–An Act to repeal an act entitled “An act authorizing, directing and empowering the board of county commissioners of Churchill County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county,” approved March 25, 1929.

 

[Approved March 26, 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 authorizing, directing and empowering the board of county commissioners of Churchill County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county,” approved March 25, 1929, is hereby repealed.

 

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CHAPTER 200, AB 155

 

 

 

 

 

 

 

 

 

 

 

State bond issue for highway purposes

 

 

Board of examiners to prepare and issue bonds

 

 

 

 

 

Rate of interest

[Assembly Bill No. 155–Messrs. Tobin, Dixon and Kenny]

 

Chap. 200–An Act authorizing the board of examiners to issue and sell bonds to provide money to pay the cost of constructing certain portions of the state highway system, and providing for the payment of said bonds.

 

[Approved March 26, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing moneys to be used in paying the cost of constructing certain portions of the state highway system, as hereinafter designated, a loan of six hundred thousand dollars ($600,000) is hereby authorized to be negotiated upon the faith and credit of the State of Nevada.

      Sec. 2.  The board of examiners is hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of six hundred thousand dollars ($600,000). Said bonds shall be in denominations of five hundred dollars ($500) each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of issuance. Said bonds shall be signed by the governor and indorsed by the state treasurer and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually, and shall be redeemed within ten years from the date of issuance.


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ê1931 Statutes of Nevada, Page 319 (CHAPTER 200, AB 155)ê

 

      Sec. 3.  On the first day of July, 1933, and annually thereafter until and including the first day of July, 1935, one hundred of said bonds, together with the interest thereon, shall be paid and redeemed by the State of Nevada, and on the first day of July, 1936, and annually thereafter until and including the first day of July, 1941, one hundred fifty of said bonds, together with the interest thereon, shall be paid and redeemed in like manner.

      Sec. 4.  The said bonds shall be advertised for sale and sold by the said board of examiners for the purposes designated in this act. All moneys derived from the sale of such bonds shall be paid to the state treasurer and by him deposited in the state highway fund.

      Sec. 5.  The said bonds shall be issued, advertised and sold by said board of examiners at such times and in such amounts as may be requested by the board of directors of the department of highways.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, there is hereby levied for each of the years 1931 and 1932 a special ad valorem tax of one and one-half (1 1/2) cents on each one hundred dollars ($100) assessed valuation, including the proceeds of mines, and annually thereafter a special ad valorem tax for such amount as shall be necessary or sufficient to pay interest semiannually as it shall accrue on each and every bond issued under the provisions of this act, and also to pay and discharge the principal of such bond at par value as such bonds respectively fall due; said ad valorem tax shall be levied on the assessed value of all property, both real and personal, including proceeds of mines, within the State of Nevada, until the said bonds with interest shall have been fully paid. 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 state treasurer in a special fund to be known as the “Nevada Highway Bond Redemption Fund,” and the respective amounts of such ad valorem tax are hereby appropriated for that specific purpose; provided, however, that any moneys in the “Nevada Highway Bond Redemption Fund” shall first be appropriated and used for the purpose of paying and discharging annually the principal and interest on such bonded indebtedness then due and payable; and provided further, that no such ad valorem tax shall be so levied for any year in which a sufficient amount of money from other sources of revenue has been appropriated and set apart to pay the interest as it shall accrue on said bonds for that year and also to pay and discharge the principal of any of said bonds falling due during such year.

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

Redemption of bonds

 

 

 

 

 

Proceeds of issue to go into state highway fund

 

 

Bonds sold as requested by highway department

 

Tax levy to pay interest and redeem bonds


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ê1931 Statutes of Nevada, Page 320 (CHAPTER 200, AB 155)ê

 

Faith of state pledged

 

 

Surplus of tax money to go into general fund

 

 

Proceeds to be used on certain highway routes

pledged that this act shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act provided.

      Sec. 8.  Any money collected in any year pursuant to the special ad valorem tax herein provided to be levied which is not used in the payment of the interest and principal of said indebtedness shall be paid into the general fund of the State of Nevada.

      Sec. 9.  The moneys received from the sale of said bonds shall be used solely for the purpose of constructing a portion or portions of each of the following state highway routes, and not otherwise, namely: Route 1a between Fallon and Schurz; route 2a between Leeteville and Carson City; route 5 between Goldfield and Beatty; route 7 between Ely and Glendale; and route 8 between Winnemucca and the Nevada-Oregon state line.

 

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CHAPTER 201, AB 4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission to prescribe standards for measurement of quantity, quality, etc.

[Assembly Bill No. 4–Mr. Frohlich]

 

Chap. 201–An Act to amend section 13 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.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 13 of that certain act of the legislature of the State of Nevada 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, is hereby amended so as to read as follows, to wit:

      Section 13.  The commission may, when necessary, ascertain and prescribe for each kind of public utility adequate, convenient and serviceable standards for the measurement of quality, pressure, voltage or other conditions pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for the examination and testing of such products or service and for the measurement thereof. Any consumer, user or party served may have the quality or quantity of the product or the character of any service rendered by any public utility tested upon the payment of fees fixed by the commission, which fees, however, shall be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require; provided, that it shall be unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than four thousand five hundred inhabitants, to install, operate, or use, within such city or town, any mechanical water meter, or similar mechanical device, to measure the quantity of water delivered to water users; provided further, that nothing in the immediate foregoing proviso shall apply to cities and towns owning and operating municipal water works.


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ê1931 Statutes of Nevada, Page 321 (CHAPTER 201, AB 4)ê

 

or quantity of the product or the character of the service be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require; provided, that it shall be unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than four thousand five hundred inhabitants, to install, operate, or use, within such city or town, any mechanical water meter, or similar mechanical device, to measure the quantity of water delivered to water users; provided further, that nothing in the immediate foregoing proviso shall apply to cities and towns owning and operating municipal water works.

      The commission may, in its discretion, purchase such materials, apparatus and standard measuring instruments for such examination and tests as it may deem necessary. The commission shall have the right and power to enter upon any premises occupied by any public utility for the purpose of making the examination and tests provided for in this act and set up and use on such premises any necessary apparatus and appliances and occupy reasonable space therefor. Any public utility refusing to allow such examination to be made as herein provided shall be subject to the penalties prescribed in section 11 of this act.

      The public service commission of Nevada is authorized and directed to prescribe the standards for the maintenance, use and operation of electric poles, wires, cables and appliances of all public utilities within the state engaged in the business of furnishing electric power, light and energy.

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

 

 

 

Water meters barred in cities of 4,500 or over; exception

 

 

 

Right of entry to premises

 

 

 

 

 

 

Standards for electric utilities

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 322ê

CHAPTER 202, SB 59

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined

[Senate Bill No. 59–Senator Heidtman]

 

Chap. 202–An Act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a “Motor Vehicle Fund,” and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The following words and phrases when used in this act shall, for the purpose of this act, have the meanings ascribed to them in this section except in those instances where the context clearly indicates a different meaning:

      (a) “Vehicle.” Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (b) “Motor Vehicle.” Every vehicle as herein defined which is self-propelled. (c) “Motorcycle.” Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “tractor” as herein defined. (d) “Truck Tractor.” Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (e) “Farm Tractor.” Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. (f) “Road Tractor.” Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load independently or any part of the weight of a vehicle or load so drawn. (g) “Trailer.” Every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.


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ê1931 Statutes of Nevada, Page 323 (CHAPTER 202, SB 59)ê

 

designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. (h) “Semitrailer.” Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle. (i) “Specially Constructed Vehicle.” Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles. (j) “Essential Parts.” All integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle. (k) “Reconstructed Vehicle.” Any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. (l) “Foreign Vehicle.” Every motor vehicle, trailer or semitrailer which shall be brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which shall have not been registered in this state. (m) “Pneumatic Tires.” All tires inflated with compressed air. (n) “Solid Rubber Tires.” Every tire made of rubber other than a pneumatic tire. (o) “Metal Tires.” All tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. (p) “Person.” Every natural person, firm, copartnership, association or corporation. (q) “Owner.” A person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of ten or more successive days. (r) “Legal Owner.” A person who holds the legal title of a vehicle or a mortgage thereon. (s) “Nonresident.” Every person who is not a resident of this state, and who does not use his motor vehicle for a gainful purpose. (t) “Manufacturer.” Every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. (u) “Dealer.” Every person engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers in this state and having an established place of business in this state. (v) “Highway.” Every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel. The term “Highway” shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions. (w) “Department.” The motor vehicle department of the office of secretary of state.

Words and phrases defined


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ê1931 Statutes of Nevada, Page 324 (CHAPTER 202, SB 59)ê

 

 

 

 

Secretary of state vehicle commissioner

 

County assessors ex officio officers

 

 

 

Enforcement of act; duties of commissioner

 

 

 

 

 

Records open to public

 

Record of stolen vehicles to be published

 

 

 

Vehicles must be registered

 

Requirements for registration

vehicle department of the office of secretary of state. (x) “Commissioner.” The secretary of state, who shall ex officio be the executive officer of the motor vehicle department.

      Sec. 2.  (a) The secretary of state is hereby made ex officio vehicle commissioner of this state; and he shall have all the powers and perform such duties as are herein imposed upon the vehicle commissioner.

      (b) The several county assessors of the respective counties shall be ex officio officers of the department and their respective offices shall be the offices thereof. The vehicle commissioner shall maintain an office in the state capitol and its hereby made the duty of the board of capitol commissioners to provide suitable offices for the department.

      Sec. 3.  (a) It shall be the duty of the department and all officers thereof to enforce the provisions of this act.

      (b) The vehicle commissioner is hereby authorized to adopt and enforce such administrative rules and regulations and to designate such agencies as may be necessary to carry out the provisions of this act. He shall also provide suitable forms for applications, registration cards, license number plates and all other forms requisite for the purposes of this act, and to prepay all transportation charges thereon.

      Sec. 4.  All registration and license records in the offices of the department shall be public records and open to inspection by the public during business hours.

      Sec. 5.  The department, as often as practicable but at least once each month, shall either publish or post upon public bulletin boards in each of its offices a record of stolen and recovered motor vehicles, and shall furnish copies thereof to the police departments and sheriffs’ offices throughout the state, and to the vehicle commissioner of each state.

      Sec. 6.  (a) Every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this state shall, before the same can be operated, apply to the department for and obtain the registration thereof.

      (b) Application for the registration of a vehicle herein required to be registered shall be made in the office of the department, located in the county within the State of Nevada of which the owner shall be a resident, upon the appropriate form furnished by the department and shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine and serial number, whether new or used, and the last license number if known and the state in which issued and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain such other information as may be required by the department.


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ê1931 Statutes of Nevada, Page 325 (CHAPTER 202, SB 59)ê

 

shall contain such other information as may be required by the department.

      (c) In the event that the vehicle to be registered shall be a specially constructed, reconstructed or foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.

      (d) In the event that the owner of a motor vehicle for which registration is applied rents or intends to rent such motor vehicle without a driver, either on a single occasion or regularly, such fact shall be stated in the application and the department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in section 20 of this act, or if the owner fail to make such agreement until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:

      (1) If he apply for registration of one motor vehicle, in the sum of at least five thousand dollars for any one person injured or killed and in the sum of ten thousand dollars for any number more than one injured or killed in any one accident.

      (2) If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and five thousand dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of one hundred thousand dollars for any number of motor vehicles.

      The department shall cancel the registration of any motor vehicle rented without a driver whenever the department ascertains that the owner has failed or is unable to comply with the requirements of this subdivision (d).

      (e) The provisions of this act requiring the registration of certain vehicles shall not apply to special mobile equipment nor to implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

      (f) All motor vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town or school district in the state shall be exempt from the payment of the license fee thereon. The department shall provide suitable distinguishing plates for said vehicles which shall be provided at cost and shall be displayed on said vehicles in the same manner as provided for privately owned vehicles.

 

Specially constructed vehicles

 

 

 

 

 

Rent service vehicles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain exceptions

 

 

Public owned vehicles exempt from tax


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ê1931 Statutes of Nevada, Page 326 (CHAPTER 202, SB 59)ê

 

 

 

 

 

 

 

Proof of ownership may be required

 

 

 

 

 

 

 

Transfer of ownership in absence of certificate

 

 

 

 

 

 

 

 

New motor number may be assigned

 

 

 

Record of registration to be kept

      Applications for such licenses shall be made through the head of the department, board, bureau, commission or school district owning or controlling said vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission or school district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of said vehicle.

      Sec. 7.  (a) It shall be the duty of the department and the officers and deputies thereof to examine and to the best of their ability to determine the genuineness and regularity of every registration and transfer of registration of a vehicle as in this act provided, in order that every certificate issued for a vehicle shall contain true statements of the ownership thereof, and to prevent the registration of a vehicle by any person not entitled thereto, and the department is hereby authorized to require any applicant to furnish such information in addition to that contained in the application as may be necessary to satisfy the department of the truth and regularity of the application.

      (b) Whenever application shall be made to the department for the transfer of registration to a new owner of a vehicle previously registered hereunder and the applicant is unable to present the certificate of registration or ownership previously issued for such vehicle by reason of the same being lost or unlawfully detained by one in possession or the same is otherwise not available, the department is hereby authorized to receive such application and to examine into the circumstances of the case and may require the filing of affidavits or other information, and when the department is satisfied that the applicant is entitled thereto is hereby authorized to transfer the registration of such vehicle and issue new certificates of ownership and registration to the person or persons found to be entitled thereto.

      Sec. 8.  The department is hereby authorized to assign a distinguishing number to the motor in any motor vehicle whenever the motor number thereon shall be destroyed or obliterated, and any motor vehicle to which there shall be assigned a distinguishing motor number as authorized in this section shall be registered under such distinguishing number.

      Sec. 9.  The department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:

      (1) Under a distinctive registration number assigned to the vehicle and to the owner thereof hereinafter referred to as the registration number;

      (2) Alphabetically under the name of the owner;


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ê1931 Statutes of Nevada, Page 327 (CHAPTER 202, SB 59)ê

 

      (3) Numerically under the motor number of the vehicle;

      (4) The department may also register such vehicle under the serial number or otherwise in its discretion.

      Sec. 10.  Upon the registration of a vehicle the department shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner, which certificates shall meet the following requirements:

      (1) Both the certificate of registration and the certificate of ownership shall contain upon the face thereof the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner and legal owner in typewriting, also such description of the registered vehicle including the date first sold by the manufacturer or dealer to the consumer and such other statement of facts as may be determined by the department.

      (2) The reverse side of the certificate of ownership only shall contain forms for notice to the department of a transfer of the title or interest of the owner or legal owner and application for registration by the transferee.

      (3) Whenever a vehicle is first registered hereunder the department shall issue a suitable container with the certificate of registration issued for such vehicle. Every owner upon receipt of a certificate of registration shall place the same in the container furnished therewith and shall securely fasten the same in plain sight within the driver’s compartment of the vehicle for which such certificate is issued, or in the event the vehicle is a motorcycle, a trailer or semitrailer, shall fasten the certificate of registration thereto in plain sight or carry such certificate in the tool bag or other convenient receptacle attached to such vehicle.

      Sec. 11.  The department in registering a vehicle, and upon the payment of the annual license fee as provided for in this act together with the payment of the personal property tax thereon (if such vehicle be subject to taxation in the State of Nevada) basing the assessed value of the vehicle upon the schedule of values contained in the “National Used Car Market Report”; provided, that if the applicant is the owner of real estate and improvements in the county in which the application is made, payment of personal property tax may be deferred if the vehicle so owner is placed forthwith on the real property roll; and provided further, that a fair and equitable adjustment of the assessed value may be made in cases where the applicant has previously secured a license for another vehicle during the same year and has sold such other vehicle, shall issue to the applicant a temporary certificate of registration valid fifteen days only, and not renewable, together with the regular license plates. Upon the approval of the application by the commissioner he shall cause to be issued a certificate of registration and a certificate of ownership as hereinbefore provided for.

 

 

 

What certificate to contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fee and taxes must be paid prior to registration; proviso


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ê1931 Statutes of Nevada, Page 328 (CHAPTER 202, SB 59)ê

 

 

 

License plates to be furnished

 

 

 

Form of license plate

 

 

 

 

 

 

Must be attached to vehicle

 

 

 

 

 

 

 

Registration to be renewed annually

shall cause to be issued a certificate of registration and a certificate of ownership as hereinbefore provided for.

      Sec. 12.  (a) The department shall furnish to every owner whose vehicle shall be registered one number plate for a motorcycle or semitrailer and two number plates for every other motor vehicle and trailer. The commissioner shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this act.

      (b) Every number plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, also the name of the state, which may be abbreviated, and the year number for which issued, and shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.

      (c) The department shall issue for every passenger motor vehicle, rented without a driver, the same type of number plates as the type of plates issued for private passenger vehicles.

      Sec. 13.  (a) Number plates assigned to a trailer and to a motor vehicle other than a motorcycle shall be attached thereto, one in front and the other in the rear. The number plate assigned to a motorcycle or semitrailer shall be attached to the rear thereof. Number plates shall be so displayed during the current registration year.

      (b) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.

      Sec. 14.  (a) Every vehicle registration under this act shall expire at midnight on December thirty-first each year and shall be renewed annually upon application by the registered owner by presentation of the certificate of registration for the current year and by the payment of the same fees together with the personal property tax as provided for original registration, and such renewal shall take effect on the first day of January each year. The certificate of registration issued hereunder shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually. Upon annual renewal, whenever the legal owner of a vehicle is other than the registered owner, the department shall notify such legal owner by mail of the registration number assigned to such vehicle for the ensuing year.


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ê1931 Statutes of Nevada, Page 329 (CHAPTER 202, SB 59)ê

 

      (b) An owner who has made proper application for renewal of registration previous to January first but who has not received the number plates, plate or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plates or plate issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plates or registration card.

      (c) Registration of a motor vehicle for a half-year may be permitted if the applicant file with the department an affidavit showing that the motor vehicle has not in fact been operated on the highways in this state prior to the first day of July.

      (d) No fee shall be required for the month of December for a new car in good faith delivered during that month, and the department shall provide such new cars with a temporary registration placard of a size which will be plainly visible for a distance of one hundred feet during daylight, such placard to be valid only during the month of December.

      Sec. 15.  (a) Upon a transfer of the title of interest of a legal owner or owner in or to a vehicle registered under the provisions of this act as hereinbefore required, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the address of the transferee, in the appropriate spaces provided upon the reverse of said certificate.

      (b) Within ten days thereafter the transferee shall forward both the certificate of ownership so indorsed and the certificate of registration to the department, which shall file the same upon receipt thereof.

      (c) The provisions of subdivision (b) of this section requiring a transferee to forward the certificate of registration to the department shall not apply in the event of the transfer of a vehicle to a dealer intending to resell such vehicle and who operates the same only for demonstration purposes, but every transferee shall, upon transferring his interest or title to another, give notice of such transfer to the department and indorse the certificate of ownership as herein provided and deliver the certificate of ownership to the new legal owner and the certificate of registration to the new owner.

      (d) The department upon receipt of the certificate of ownership properly indorsed as required herein and the certificate of registration of such vehicle shall register such vehicle as hereinbefore provided with reference to an original registration, and shall issue to the owner and legal owner entitled thereto, by reason of such transfer, a new certificate of registration and certificate of ownership, respectively, in the manner and form hereinbefore provided for original registration.

May operate pending receipt of plates

 

 

 

 

 

Half-year registration

 

 

No fee for December

 

 

 

 

Procedure for transfer of title


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ê1931 Statutes of Nevada, Page 330 (CHAPTER 202, SB 59)ê

 

 

 

Registration to expire under certain conditions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dealers’ licenses

of registration and certificate of ownership, respectively, in the manner and form hereinbefore provided for original registration.

      (e) In the event of the transfer by operation of law of the title or interest of an owner in and to a vehicle as upon inheritance, devise or bequest, order in bankruptcy or insolvency, execution sale, repossession upon default in performing the terms of a lease or executory sales contract, or otherwise, the registration thereof shall expire and the vehicle shall not be operated upon the highways until and unless the person entitled thereto shall apply for and obtain the registration thereof, except that an administrator, executor, trustee or other representative of the owner, or a sheriff or other officer, or any person repossessing the vehicle under the terms of a conditional sales contract, lease, chattel mortgage, or other security agreement, or the assignee or legal representative of any such person may operate or cause to be operated any vehicle upon the highways for a distance of not exceeding seventy-five miles from the place of repossession or place where formerly kept by the owner to a garage, warehouse or other place of keeping or storage, either upon displaying upon such vehicle the number plates issued to the former owner or without number plates attached thereto but under written permission first obtained from the department or the local police authorities having jurisdiction over such highways, and upon displaying in plain sight a placard bearing the name and address of the person authorizing and directing such movement and plainly readable from a distance of one hundred feet during daylight.

      Sec. 16.  (a) A manufacturer of or dealer in motor vehicles, trailers or semitrailers having an established place of business in this state, owning any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating or selling the same, in lieu of registering each such vehicle, may make application upon an official blank provided for that purpose to the department for a general distinguishing number or symbol; provided, that vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work or service vehicles must be registered the same as any other like vehicle as provided in section 6 of this act.

      (b) The application shall be upon a blank to be furnished by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this section. The department, upon receipt of such application and when satisfied that the applicant is entitled thereto, shall issue to the applicant a certificate of registration containing the latter’s name and business address and the general distinguishing number or symbol assigned to him in such form and containing such further information as the department may determine, and every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a general distinguishing number, while being operated for the purpose of testing, demonstrating or selling the same, shall be regarded as registered hereunder.


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ê1931 Statutes of Nevada, Page 331 (CHAPTER 202, SB 59)ê

 

business address and the general distinguishing number or symbol assigned to him in such form and containing such further information as the department may determine, and every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a general distinguishing number, while being operated for the purpose of testing, demonstrating or selling the same, shall be regarded as registered hereunder.

      (c) The department shall also, upon receipt of such application, furnish to the manufacturer or dealer one or more pair of automobile plates or single plates for other vehicles registered by the applicant, and every such plate shall have displayed upon it the registration number which is assigned to the applicant, and may at the discretion of the department have a different letter or symbol on each pair of automobile plates and on each single plate for other vehicles.

      (d) No such manufacturer or dealer shall operate any motor vehicle, trailer or semitrailer owned or controlled by him upon any public highway or permit it to be so operated, unless number plates assigned to him are attached thereto in the manner hereinbefore specified in this act, excepting only that it shall be permissible for such manufacturer or dealer to operate any such new vehicles without plates attached thereto from any railroad depot or warehouse or other place of storage.

      (e) The department may, at its discretion, grant a temporary permit to operate a vehicle for which registration has been applied.

      Sec. 17.  (a) A nonresident owner, except as otherwise provided in this section, owning any foreign vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without the payment of any fees to the state; provided, that the nonresident owner of such vehicle shall, within five days after commencing to operate or causing or permitting it to be operated within this state, apply to the department, or a duly appointed assistant, for the registration thereof on an appropriate official form, stating therein the name and home address of the owner and the temporary address, if any, of the owner while within this state, the registration number of said vehicle assigned thereto in the state or country in which the owner is a resident, together with such description of the motor vehicle as may be called for in the form, and such other declaration of facts as may be required by the department.

      (b) A nonresident owner of a foreign vehicle operated or designed to be operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise shall within twenty-four hours after entering the state register such vehicle with the department or an officer thereof, making application for permission to operate such foreign vehicle within the state for a period of not more than five consecutive days, which permission shall be granted by the department or an officer thereof for such limited period of not to exceed five consecutive days in one calendar year without the payment of any fees to the state.

Dealers’ licenses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Operation of vehicles by nonresidents


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ê1931 Statutes of Nevada, Page 332 (CHAPTER 202, SB 59)ê

 

Operation of vehicles by nonresidents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lost plates or certificate may be duplicated

 

 

 

Procedure in case of theft or embezzlement

designed to be operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise shall within twenty-four hours after entering the state register such vehicle with the department or an officer thereof, making application for permission to operate such foreign vehicle within the state for a period of not more than five consecutive days, which permission shall be granted by the department or an officer thereof for such limited period of not to exceed five consecutive days in one calendar year without the payment of any fees to the state.

      (c) The department, the officers thereof, or a duly appointed assistant thereof, shall file each application received under the provisions of subdivision (a) of this section and register the vehicle therein described and the owner thereof in suitable books or on index cards and shall issue without charge to the nonresident owner a registration certificate of a distinctive form containing the date it is issued, a brief description of the vehicle and a statement that the owner has procured registration of such motor vehicle as a nonresident. The department shall also issue a sticker of a distinctive form and color which shall be carried on the lower right-hand corner of the windshield of the vehicle so registered.

      (d) No nonresident owner of a motor vehicle trailer or semitrailer shall operate such vehicle or cause or permit it to be operated upon the public highways of this state either before or while it is registered under this section unless there shall at all times be displayed thereon the registration plates assigned to said vehicle for the current calendar year by the state or country of which such owner is a resident, nor unless the certificate of registration when issued thereto as in this section provided shall be carried in plain sight in or upon said motor vehicle in the manner required of resident owners with respect to registration certificates.

      Sec. 18.  In the event that any number plate or certificate of registration or certificate of ownership shall be lost, mutilated or shall have become illegible, the person to whom the same shall have been issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information of such fact satisfactory to the department and upon payment of the required fees.

      Sec. 19.  Whenever the owner of any motor vehicle trailer or semitrailer which is stolen or embezzled files an affidavit alleging either said fact with the department it shall immediately suspend the registration of or reregister such vehicle until such time as it shall be notified that the owner has recovered such vehicle, but notices given as hereinbefore provided shall be effective only during the current registration year in which given, but if during such year such vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year.


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

ê1931 Statutes of Nevada, Page 333 (CHAPTER 202, SB 59)ê

 

vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year. Every owner who has filed an affidavit of theft or embezzlement must immediately notify the department of the recovery of such vehicle.

      Sec. 20.  (a) The owner of a motor vehicle engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver to another, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, permitting the renter to operate the vehicle upon the highways and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the insurance commissioner of this state insuring the renter against liability arising out of his negligence in the operation of such rented vehicle in limits of not less that five thousand dollars ($5,000) for any one person injured or killed and ten thousand dollars ($10,000) for any number more than one injured or killed in any one accident, and against liability of the renter for property damage in the limit of not less than one thousand ($1,000) dollars for one accident, shall be jointly and severally liable with the renter for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the person so renting the vehicle from the owner, except that the foregoing provisions shall not confer any right of action upon any passenger in any such rented vehicle as against the owner, but nothing herein contained shall be construed to prevent the introduction as a defense of contributory negligence to the extent to which such defense is allowed in other cases. Such policy of insurance shall inure to the benefit of any person operating the vehicle by or with the permission of the person so renting the vehicle in the same manner and under the same conditions and to the same extent as to the renter. The insurance policy or policies above referred to need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle; provided, the owner upon renting any such vehicle without driver to another shall give to the renter a written notice of the fact that such policy or policies do not cover the liability which the renter may incur on account of his negligence in the operation of such vehicle to any passenger in such vehicle.

      When any suit or action is brought against the owner under this section, it shall be the duty of the judge or court before whom the case is pending to cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the owner has provided or caused to be provided insurance covering the renter in the limits above mentioned. Whenever it appears that the owner has provided or caused to be provided insurance covering the renter in the sums above mentioned, it shall be the duty of the judge or court to dismiss as to the owner the action brought under this section.

 

 

 

Owner of rent cars must provide public liability insurance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure in case of suit


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

ê1931 Statutes of Nevada, Page 334 (CHAPTER 202, SB 59)ê

 

 

 

Certain requirements must be met

 

 

 

 

Certain record must be kept

 

 

 

 

 

 

 

 

Registration may be refused, when

 

 

 

 

 

 

Registration may be rescinded, when

the sums above mentioned, it shall be the duty of the judge or court to dismiss as to the owner the action brought under this section.

      (b) It shall be unlawful for the owner of any motor vehicle engaged in the business of renting motor vehicles without drivers to rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless he shall have previously notified the department of the intention to so rent such vehicle and shall have complied with the requirements as to the showing of his financial responsibility as provided in section 6 (d) of this act.

      Sec. 21.  Every person engaged in the business of renting motor vehicles without drivers who shall rent any such vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person renting and having the use of the vehicle, and every such record shall be a public record and open to inspection by any person, and it shall be a misdemeanor for any such owner to fail to make or have in possession or to refuse an inspection of the record required in this section. If the commissioner prescribes a form for the keeping of the record provided for in this section, the owner shall use said form.

      Sec. 22.  The department shall not grant an application for the registration of a vehicle in any of the following events:

      (a) When the applicant therefor is not entitled thereto under the provisions of this act.

      (b) When the applicant has neglected or refused to furnish the department with the information required in the appropriate official form or reasonable additional information required by the department.

      (c) When the fees required therefor by law have not been paid.

      Sec. 23.  (a) The department shall rescind and cancel the registration of any vehicle which the department shall determine as unsafe or unfit to be operated or is not equipped as required by law.

      (b) The department shall rescind and cancel the registration of a vehicle whenever the person to whom the registration card or registration number plates therefor have been issued shall make or permit to be made any unlawful use of the same or permit the use thereof by a person not entitled thereto.

      Sec. 24.  It shall be unlawful for any person to commit any of the following acts:

      First-To operate or for the owner thereof knowingly to permit the operation upon a highway of any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current registration year, subject to the exemption allowed in sections 15(e), 16 and 17 of this act.


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

ê1931 Statutes of Nevada, Page 335 (CHAPTER 202, SB 59)ê

 

permit the operation upon a highway of any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current registration year, subject to the exemption allowed in sections 15(e), 16 and 17 of this act.

      Second-To display or cause or permit to be displayed or to have in possession any registration card or registration number plate knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.

      Third-To lend to or knowingly permit the use by one not entitled thereto any registration card or registration number plate issued to the person so lending or permitting the use thereof.

      Fourth-To fail or to refuse to surrender to the department, upon demand, any registration card or registration number plate which has been suspended, canceled or revoked as in this act provided.

      Fifth-To use a false or fictitious name or address in any application for the registration of any vehicle for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.

      Sec. 25.  There shall be paid to the department for the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule.

      (a) For every stock passenger car, twenty-five cents per hundred pounds or major fraction thereof computed on the advertised factory weight, together with one hundred and twenty-five pounds for every passenger for which said vehicle is built to accommodate when loaded to capacity.

      (b) For every reconstructed or specially constructed passenger car, twenty-five cents per hundred pounds or major fraction thereof, said weight to be the actual weight of said vehicle as shown by a public weighmaster’s certificate, and in addition one hundred and twenty-five pounds for every passenger which said vehicle is built to accommodate when loaded to capacity.

      (c) For every motorcycle the sum of five dollars.

      (d) For every truck, trailer or semitrailer, twenty-five cents per hundred pounds or major fraction thereof, said weight of said vehicle as shown by a public weighmaster’s certificate, and in addition the rated load capacity.

      Sec. 26.  There shall be paid to the department for the registration of vehicles permitted by this act to be registered under a general distinguishing number assigned to a manufacturer of or dealer in motor vehicles, in lieu of any other fees specified in this act; and such fees shall be paid at the time application is made for registration and for additional plates according to the following schedule:

Certain acts unlawful

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees for registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees for dealers’ license


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

ê1931 Statutes of Nevada, Page 336 (CHAPTER 202, SB 59)ê

 

 

 

 

 

 

 

 

 

 

Transfer and duplicate fees

 

 

 

 

 

 

 

Fee delinquent, when

 

 

 

 

 

 

 

Penalty

 

 

 

Duties of county assessors

      (a) For the registration of motor vehicles other than motorcycles:

For the first four sets of number plates.......................................................................... $30.00

For each additional set of number plates............................................................................ 2.00

      (b) For the registration of motorcycles:

For the first plate.................................................................................................................... 5.00

For each additional number plate......................................................................................... 1.00

      (c) For the registration of trailers and semitrailers:

For the first plate.................................................................................................................... 5.00

For each additional number plate......................................................................................... 1.00

      Sec. 27.  (a) Upon the transfer of registration of a motor vehicle, trailer or semitrailer requiring the writing and issuance of a new certificate of registration and ownership by the department there shall be paid a transfer fee of one dollar.

      (b) Whenever any certificate of registration or ownership or container for a registration certificate or number plate shall be lost or destroyed and a duplicate thereof shall be issued upon application the following fees shall be paid:

For a certificate of registration or ownership................................................................... $0.50

For a container for registration certificate.......................................................................... 0.25

For every number plate.......................................................................................................... 1.00

      Sec. 28.  (a) Whenever any vehicle shall be operated upon the public highways of this state without there having been paid therefor the registration or transfer fee required by this act, such fee shall be deemed delinquent; provided, that in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of said vehicle for a period not to exceed two days from date of purchase, which date must be legibly affixed to said permit.

      (b) If such registration fee shall not be paid within thirty days after the same becomes delinquent a penalty of three dollars shall be added thereto; and if such transfer fee shall not be paid within thirty days after the same shall become delinquent a penalty equal to the fee shall be added thereto and collected.

      Sec. 29.  (a) The assessor of each and every county of the State of Nevada is hereby made and constituted an officer of the department and charged with the performance of such acts and duties as are hereby delegated to the county assessors under the provisions hereof, as well as other duties as may be delegated to such assessor by the department in connection therewith.

      (b) It shall be the duty of each and every assessor, as an officer of the department, to remit promptly to the department for every hundred registrations issued the full amount collected for licenses and penalties; provided, that remittances must be made at least weekly bearing date of Monday of each week.


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

ê1931 Statutes of Nevada, Page 337 (CHAPTER 202, SB 59)ê

 

collected for licenses and penalties; provided, that remittances must be made at least weekly bearing date of Monday of each week.

      (c) The department shall file with the state controller and the state treasurer during each business day a report of all transactions completed during the preceding business day, involving the collection of moneys under any provision of this act, and shall at the time of filing of such report deposit in the state treasury to the credit of the motor vehicle fund all moneys so reported and collected.

      Sec. 30.  (a) There is hereby created in the state treasury a fund which shall be known as the “Motor Vehicle Fund.” The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this act in such motor vehicle fund.

      (b) There is hereby appropriated out of such fund the sum of fifty cents for each motor vehicle registered by the department, and out of such appropriation the department shall be required to pay each and every item of expense which may be properly charged against the department, certifying the bills to the board of examiners and paid as are all other state claims.

      (c) In addition to the foregoing the department will at the end of the year certify claims to the board of examiners in favor of each and every county of the state to the amount of fifteen cents for each and every registration issued in that county; the amount to be placed in a special fund by the treasurer; said fund to be applied to the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.

      (d) To meet the requirements of the “Nevada Highway Bond Redemption Fund,” as defined by section 6 of an act entitled “An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds,” approved March 28, 1919, and the state controller is hereby authorized and directed to make the necessary transfer.

      (e) When the foregoing requirements have been met the state controller shall transfer at the end of each quarter-year to the state highway fund any balance in the motor vehicle fund.

      Sec. 31.  If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

 

 

 

 

 

 

 

“Motor Vehicle Fund” created

 

 

Maintenance fund for department

 

 

 

Portion of fees to counties

 

 

 

 

Certain funds to be transferred

 

 

 

 

 

 

 

Each section to be construed separately


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

ê1931 Statutes of Nevada, Page 338 (CHAPTER 202, SB 59)ê

 

 

 

Unlawful to drive vehicle without consent of owner

 

 

 

 

 

Dealing in stolen cars felony

 

 

 

 

Willful injuring of vehicle misdemeanor

 

 

 

 

 

Tampering with vehicle unlawful

 

 

 

 

 

 

 

Penalties for violation misdemeanor

the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

      Sec. 32.  Any person who shall drive a vehicle, not his own, without the consent of the owner thereof, and with intent temporarily to deprive said owner of his possession of such vehicle, without intent to steal the same, shall be guilty of a misdemeanor. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owner’s consent on a previous occasion to the taking or driving of such vehicle by the same or a different person. Any person who assists in, or is a party to or an accomplice in any such unauthorized taking or driving shall also be guilty of a misdemeanor.

      Sec. 33.  Any person who with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen shall receive other, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony and upon conviction shall be punished as provided in section 36 of this act.

      Sec. 34.  Any person who shall individually, or in association with one or more others, willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle or who shall in any manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, shall be guilty of a misdemeanor.

      Sec. 35.  Any person who shall without the consent of the owner or person in charge of a vehicle climb into or upon such vehicle with the intent to commit any crime, malicious mischief, or injury thereto, or who while a vehicle is at rest and unattended shall attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof, or to set said vehicle in motion, shall be guilty of a misdemeanor, except that the foregoing provisions shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.

      Sec. 36.  (a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this act unless such violation is by this act or other law of this state declared to be a felony.

      (b) Unless another penalty is in this act or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provision of this act shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.


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

ê1931 Statutes of Nevada, Page 339 (CHAPTER 202, SB 59)ê

 

punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

      Sec. 37.  Any person who shall be convicted of a violation of any of the provisions of this act herein or by the laws of this state declared to constitute a felony shall, unless a different penalty is prescribed herein or by the laws of this state, be punished by imprisonment for a term of not less than one year nor more than five years, or by a fine of not less than five hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment.

      Sec. 38.  This act shall be so interpreted and construed as to effectuate its general purpose and to make uniform the law of those states which enact it.

      Sec. 39.  All acts or parts of acts in conflict or inconsistent with this act are hereby repealed.

      Sec. 40.  This act shall take effect from and after midnight on the 30th day of November, A. D. 1931.

 

 

When violation a felony

 

 

 

 

 

Uniform act

 

Repeal

 

In effect

 

________

 

CHAPTER 203, SB 183

[Senate Bill No. 183–Committee on Public Highways]

 

Chap. 203–An Act to amend sections 25 and 30 of an act entitled “An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a “Motor Vehicle Fund,” and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March ........, 1931.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act is hereby amended so as to read as follows:

 


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

ê1931 Statutes of Nevada, Page 340 (CHAPTER 203, SB 183)ê

 

Fees for registration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Motor Vehicle Fund” created

 

 

Maintenance fund for department

 

 

 

Portion of fees to counties

 

 

 

 

Certain funds to be transferred

      Section 25.  There shall be paid to the department for the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

      (a) For every stock passenger car, thirty cents per hundred pounds or major fraction thereof computed on the advertised factory weight, together with one hundred and twenty-five pounds for every passenger for which said vehicle is built to accommodate when loaded to capacity.

      (b) For every reconstructed or specially constructed passenger car, thirty cents per hundred pounds or major faction thereof, said weight to be the actual weight of said vehicle as shown by a public weighmaster’s certificate, and in addition one hundred and twenty-five pounds for every passenger which said vehicle is built to accommodate when loaded to capacity.

      (c) For every motorcycle the sum of five dollars.

      (d) For every truck, trailer or semitrailer, thirty cents per hundred pounds or major faction thereof, said weight of said vehicle as shown by a public weighmaster’s certificate, and in addition the rated load capacity.

      Sec. 2.  Section 30 of the above-entitled act is hereby amended so as to read as follows:

      Section 30.  (a) There is hereby created in the state treasury a fund which shall be known as the “Motor Vehicle Fund.” The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this act in such motor vehicle fund.

      (b) There is hereby appropriated out of such fund the sum of fifty cents for each motor vehicle registered by the department, and out of such appropriation the department shall be required to pay each and every item of expense which may be properly charged against the department, certifying the bills to the board of examiners and paid as are all other state claims.

      (c) In addition to the foregoing the department will at the end of the year certify claims to the board of examiners in favor of each and every county of the state to the amount of fifteen cents for each and every registration issued in that county; the amount to be placed in a special fund by the treasurer; said fund to be applied to the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.

      (d) To meet the requirements of the “Nevada Highway Bond Redemption Fund,” as defined by section 6 of an act entitled “An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds,” approved March 28, 1919, and all subsequent acts relating thereto, the state controller is hereby authorized and directed to make the necessary transfer.


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

ê1931 Statutes of Nevada, Page 341 (CHAPTER 203, SB 183)ê

 

is hereby authorized and directed to make the necessary transfer.

      (e) When the foregoing requirements have been met the state controller shall transfer at the end of each quarter-year to the state highway fund any balance in the motor-vehicle fund.

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

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

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 204, SB 156

[Senate Bill No. 156–Senator Heidtman]

 

Chap. 204–An Act to amend section 11 of an act entitled “An act to license and regulate insurance business in this state,” approved February 23, 1881, as amended, being section 3550 Nevada Compiled Laws 1929, and by adding thereto a new section to follow section 3558 Nevada Compiled Laws 1929.

 

[Approved March 27, 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 3550 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 11.  Nothing in this act shall be construed to prevent any life insurance company having outstanding policies in this state from appointing agents to collect premiums thereon; provided, such company shall appoint an attorney, as provided in section 8 of this act, and pay five dollars for filing the power of attorney with the controller, and the controller shall issue his certificate authorizing the collection of premiums on outstanding policies only and no requirement of capital herein shall apply to mutual life insurance companies possessing assets amounting to one million dollars or more. If it shall be brought to the attention of the state controller or if written charges be filed with him showing that any agent licensed hereunder has willfully misstated any material fact in his application or that the purpose of applying for such license was to avoid or prevent the operation or enforcement of any antirebate law or any insurance law of this state, or that such agent licensed hereunder conducts his business in a dishonest manner or misrepresents the policies or contracts he sells or misrepresents the policies or contracts of other agents or companies or other insurers, or is incapable, or is conducting his business in such a manner as to cause injury to the public or those dealing with him, or if said agent or other person licensed hereunder obtained his license in an unfair manner or by concealment or misrepresentation, then the state controller shall give notice to such agent licensed hereunder and cite him to appear before the state controller and show cause why his license as an insurance agent should not be suspended or revoked.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Life insurance companies to appoint agents


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

ê1931 Statutes of Nevada, Page 342 (CHAPTER 204, SB 156)ê

 

License of agents may be revoked

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance policy must contain certain information

 

 

 

 

 

 

Rebates forbidden

public or those dealing with him, or if said agent or other person licensed hereunder obtained his license in an unfair manner or by concealment or misrepresentation, then the state controller shall give notice to such agent licensed hereunder and cite him to appear before the state controller and show cause why his license as an insurance agent should not be suspended or revoked. If at the hearing of said order to show cause it should appear that said agent or other person licensed hereunder has willfully misstated any material fact in his application to the state controller, or that the purpose in applying for such license was to avoid or prevent the operation of any antirebate law or other insurance law of this state, or that such agent or other person licensed hereunder conducts his business in a dishonest manner or misrepresents the policies or contracts of other agents or companies, or other insurers, or is incapable, or is conducting his business in such a manner as to cause injury to the public or those dealing with him, or that said agent or other person licensed hereunder has obtained his license in an unfair manner or by concealment or misrepresentation, then the controller shall revoke or suspend for a period to be fixed by the controller the license of such agent licensed hereunder, and shall notify the agent or other person licensed hereunder, and the company or other insurer such agent represents, of the revocation or suspension.

      Sec. 2.  The above-entitled act is hereby amended by adding thereto a new section to follow section 19, being section 3558 N. C. L. 1929, which said section shall be known as section 3558 1/2 and shall read as follows:

      Section 3558 1/2.  No insurance company or society or other insurer, nor any agent thereof, shall insure any risk in this state, nor shall any agent or broker assist in arranging any such insurance, the policy or contract for which does not contain a true and correct statement of the premium consideration paid or to be paid therefor, and of the risk covered for such premium consideration; provided, however, that if the insurance be of a character where the exact premium is only determinable upon the termination of the policy or contract, such policy or contract must contain a true and correct statement of the basis and rates upon which the said final premium or consideration is to be determined and paid, and of the risk covered for such premium consideration. No insurance company or society or other insurer, by itself or by any other party, and no agent, or insurance broker, or other person licensed to do business in this state, personally or by any other party, shall offer, promise, allow, give, set off or pay, directly or indirectly, as an inducement to insurance on any risk in this state, now or hereafter to be written, any rebate of or part of the premium payable on the policy or contract of insurance bond, or of the agent’s or broker’s commission thereon; nor shall any such company, or society, or other insurer, agent, or broker, or other person licensed under this title, personally or otherwise, offer, promise, allow, give, set off, or pay, directly or indirectly, as an inducement to such insurance, any earnings, profits, dividends, or other benefits, founded, arising, accruing, or to accrue, on such insurance bond, or therefrom, or any other valuable consideration which is not clearly specified, promised or provided for in the policy or contract of insurance.


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

ê1931 Statutes of Nevada, Page 343 (CHAPTER 204, SB 156)ê

 

or contract of insurance bond, or of the agent’s or broker’s commission thereon; nor shall any such company, or society, or other insurer, agent, or broker, or other person licensed under this title, personally or otherwise, offer, promise, allow, give, set off, or pay, directly or indirectly, as an inducement to such insurance, any earnings, profits, dividends, or other benefits, founded, arising, accruing, or to accrue, on such insurance bond, or therefrom, or any other valuable consideration which is not clearly specified, promised or provided for in the policy or contract of insurance. Any person or party who shall in any other manner knowingly receive or obtain a rebate of premium shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than ten ($10) dollars nor more than five hundred ($500) dollars, or be imprisoned in the county jail for a period of not exceeding three (3) months. Nothing in this section shall be construed to prevent an insurer issuing policies on a participating plan from returning any portion of the premium as a dividend after the expiration of the term covered by such policy; provided, that a life insurance company issuing policies on a participating plan may return any portion of the premium as a dividend at any time.

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

 

 

 

 

 

 

Penalty

 

 

 

Exceptions

 

 

 

 

In effect

 

________

 

CHAPTER 205, SB 120

[Senate Bill No. 120–Senator Molini]

 

Chap. 205–An Act to amend section 410 of an act entitled “An act to amend an act entitled ‘An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,’ approved March 17, 1911, as amended by act approved March 24, 1913, as amended by act approved March 17, 1915,” being section 11058 Nevada Compiled Laws 1929.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 410 of the above-entitled act, being section 11058 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 410.  Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law and where a judgment of confinement is rendered, the court shall, in addition to any fine or forfeiture which he may impose, direct that such person be confined in the state prison for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted; and where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in his discretion at not less than one year nor more than five years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indeterminate sentence, how fixed


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

ê1931 Statutes of Nevada, Page 344 (CHAPTER 205, SB 120)ê

 

 

 

 

 

 

 

District attorney to transmit certain statement of facts

 

 

 

 

Warden to investigate prior record of prisoner

 

Judge to recommend fixed period of sentence

 

 

 

In effect

confined in the state prison for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted; and where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in his discretion at not less than one year nor more than five years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment. Immediately after the rendition of judgment in such case, the district attorney who prosecuted the same shall transmit to the district judge who presided at the trial, to the warden of the state prison and to the secretary of the board of pardons and parole commissioners (upon forms to be supplied by such board), a written statement of facts respecting such convicted person, and the cause in which he was convicted or plead guilty, and shall include in such statement such comments as he may deem pertinent. As soon as possible after the delivery of the prisoner to the penitentiary, and not later than ninety (90) days thereafter, the warden shall transmit to said trial judge, with copy to the secretary of the board of pardons and parole commissioners, a statement setting forth results of investigation of the prior record of said prisoner. Within ten (10) days after the receipt of the warden’s statement said trial judge shall transmit to the secretary of the board of pardons and parole commissioners, with copy to the warden of the state prison, a written statement containing facts and comments pertinent to the case, and he shall therein recommend some fixed period for confinement of the defendant within the limits of the sentence imposed.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 345ê

CHAPTER 206, SB 122

[Senate Bill No. 122–Senator Bush]

 

Chap. 206–An Act to amend sections 4, 6, 11, 12 and 16 of an act entitled “An act regulating the practice of medicine, surgery, and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other acts or parts of acts in conflict therewith,” approved March 4, 1905, as amended, Statutes 1923, as amended, Statutes 1929, and being sections 4093, 4095, 4100, 4101 and 4105 Nevada Compiled Laws 1929.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 4.  The said board shall meet in Carson City, Nevada, on the first Monday in May, 1905, and shall organize by electing from its number a president, vice president, secretary and treasurer, who shall hold their respective positions during the pleasure of the board. Said board shall hold its regular meetings on the first Monday of May and the first Monday of November of each year, at such time and place as shall be most convenient to the said board. Special meetings may be called at such time and place as the board may elect on the call of the president or of not less than three members of the board, a written notice of the time, place and object of such special meeting to be mailed by the secretary of said board to all members thereof not parties to the call at least fifteen days before the date of meeting. At such special meeting so called the board may perform any act or acts authorized at a regular meeting.

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

      Section 6.  A majority of said board shall constitute a quorum to transact all business. All certificates issued by said board shall bear its seal and the signatures of its president and secretary, and shall authorize the person to whom it is issued to practice medicine in all its branches in this state, upon complying with the requirements of this act. Said board may, in its discretion, accept and register, upon payment of the registration fee and without examination of the applicant, any certificate which shall have been issued to him by the medical examining board of the District of Columbia, or of any state or territory of the United States;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to meet and organize

 

 

 

 

 

 

 

 

 

 

 

Quorum

 

 

 

Board may accept certificates of other states


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

ê1931 Statutes of Nevada, Page 346 (CHAPTER 206, SB 122)ê

 

 

 

 

Proviso as to reciprocity

 

 

Certain persons barred

 

 

 

 

 

 

Compensation of members of board

 

 

 

 

 

 

Powers of board

 

 

 

 

 

 

Certificate filed with recorder

 

Board may refuse or revoke certificate

provided, however, that the legal requirements of such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate shall be presented for registration to the board created by this act; and provided further, that the provisions in this paragraph contained shall be held to apply only to such of said medical examining boards as accept and register the certificates granted by this board without examination by them of the ones holding such certificates; and provided further, that no certificate shall be issued to any person who is not a citizen of the United States or declared his intention of becoming a citizen of the United States nor to any person who has not been engaged in the actual practice of his profession continuously for a period of one year prior to the date of filing his application in the State of Nevada.

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

      Section 11.  Out of the funds coming into the possession of the board, each member of said board may receive as compensation twenty dollars for each day actually spent in attending to the duties of his office and traveling expenses going to and coming from the meetings of the board. Said expenses shall be paid from the fees received by the board under the provisions of this act, and no part of the salary or expenses of the board shall ever be paid out of the general fund of the state treasurer. The secretary shall receive a salary, the amount of which shall be determined by the board. All moneys received by the board shall be paid out on its order for its expenses and the traveling expenses of the members. The board is authorized to prosecute all persons guilty of violation of the provisions of this act and may employ investigators and such other assistants as may be necessary to carry into effect the provisions of this act; provided, however, that any expense so incurred shall not be paid out of the general fund of the state treasury.

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

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

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

      Obtaining a certificate upon fraudulent credentials, or gross misrepresentation;


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

ê1931 Statutes of Nevada, Page 347 (CHAPTER 206, SB 122)ê

 

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

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

      Advertising medical business in which grossly improbable statements are made;

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

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

      Conviction of any offense involving moral turpitude;

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

      Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this act;

      Employing directly or indirectly any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted or the aiding or abetting any unlicensed person to practice any system or mode of treating the sick or afflicted.

      Said board must refuse a certificate to any person guilty of unprofessional conduct. On the filing with the secretary of a sworn complaint, charging the applicant with having been guilty of unprofessional conduct, the secretary must forthwith issue a citation and make the same returnable at a regular or special meeting of the board to be held at least thirty days next after the filing of the complaint. Such citation shall notify the applicant when and where the charges of said unprofessional conduct will be heard, and that the applicant shall file his written answer under oath within twenty days next after the service on him of said citation, or that default will be taken against him and his application for a certificate refused. Said citation shall be served in accordance with the statutes of this state. If the applicant shall fail to file with the secretary his answer under oath within twenty days after service on him of said citation and the charges on their face shall be deemed sufficient by the board, default shall be entered against him and his application refused. If the charges on their face be deemed sufficient by the board, and issue be joined thereon by answer, the board shall proceed to determine the matter, and to that end shall hear such proper evidence as may be adduced before it, and if it appear to the satisfaction of the board that the applicant is guilty as charged, no certificate shall issue to him.

Grounds for refusal or revocation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of secretary upon filing of complaint charging unprofessional conduct


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

ê1931 Statutes of Nevada, Page 348 (CHAPTER 206, SB 122)ê

 

Proceedings upon complaint

 

 

 

 

 

 

 

 

 

 

 

 

 

Person charged may be heard

 

 

 

 

 

 

 

 

 

District judge to review findings

      Whenever any holder of a certificate herein provided for is guilty of unprofessional conduct, as the same is defined in this act, and the said unprofessional conduct has been brought to the attention of the board granting such certificate, in the manner hereinabove provided, or whenever a certificate has been procured by fraud or misrepresentation or issued by mistake or that the certificate upon which a reciprocity certificate has been issued was procured by fraud or misrepresentation or issued by mistake, or the person holding such certificate is found to be practicing contrary to the provisions of this act, and a sworn complaint setting forth such facts has been filed with the secretary of the board, proceedings shall then be had as hereinabove provided, and a copy of said charges shall be served as described above on the party, and when such charges as aforesaid have been duly filed by the secretary of the board, the same shall be considered by the board, and if from the sworn statement or from such other official records it is made to appear that such charge or charges may be well-founded in fact, then the board shall cause to be served written notice of such charges on the person charged, and the same shall be served on the person at least twenty days before the date fixed for the hearing or examination. The person charged shall be given a full and fair trial by the board, with the right to be heard and appear in person and by counsel. If after hearing of said charges it appears to the satisfaction of the board that the person charged is guilty, the board shall revoke the certificate so issued. The secretary of the board in all cases of revocation shall enter on his register the fact of such revocation and shall certify the fact to the county recorder of the county in which the certificate of the person whose certificate has been revoked has been recorded; provided, in all cases where a certificate is revoked the decision of the board resulting in such revocation, together with a transcript of the findings, shall be filed with the clerk of the district court of the county in which the certificate to practice has been recorded. Any person whose certificate has been revoked may, within sixty days after filing of said certified copy of said decision and findings, petition said district court to review said decision or to reverse or modify, and upon such review the burden shall be upon the petitioner to show wherein such decision is erroneous or unlawful. When sixty days shall have elapsed after the filing of said decision and findings, if no petition for review has been filed, the judge of the district court shall make its order affirming the decision of the board.

      Sec. 5.  Section 16 of the above-entitled act is hereby amended to read as follows:

      Section 16.  Any person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished with a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than five days nor more than six months in the county jail, or by both fine and imprisonment, who:


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

ê1931 Statutes of Nevada, Page 349 (CHAPTER 206, SB 122)ê

 

of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than five days nor more than six months in the county jail, or by both fine and imprisonment, who:

      1.  Shall within ten days after demand made by the secretary of the board fail to furnish to said board the name and address of all persons practicing or assisting in the practice of medicine, surgery or obstetrics in the office of such person at any time within sixty days prior to said notice, together with a sworn statement showing under and by what license or authority said person or persons are and have been so practicing, but said affidavit shall not be used as evidence against such person in any proceeding under this section; or

      2.  Shall assume to act as a member of a state board of medical examiners, or who shall sign or subscribe or issue or cause to be issued or seal or cause to be sealed a certificate authorizing any person to practice medicine or surgery in this state, except the person so acting and doing shall have been appointed a member of said board of medical examiners as in this act provided; or

      3.  Shall, in an affidavit required of an applicant for examination, license or registration under this act, willfully make a false statement in a material regard.

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

Certain acts or omissions deemed misdemeanor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 207, SB 102

[Senate Bill No. 102–Senator Henderson]

 

Chap. 207–An Act to amend an act entitled “An act providing for the creation of a state barbers’ health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, being sections 760, 763, 764, 765, 771, 772, 773, 775 and 777 N. C. L. 1929, and adding two new sections to be known as sections 17a and 17b.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

 


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

ê1931 Statutes of Nevada, Page 350 (CHAPTER 207, SB 102)ê

 

Requirements to practice barbering

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of board

 

 

 

 

 

 

Examination fee

 

Certain salaries and expenses to be allowed

      Section 1.  From and after the passage and approval of this act it shall be unlawful for any person in this state to engage in the practice or attempt to practice barbering without a certificate of registration, health and sanitation issued pursuant to the provisions of this act by the board of barber health and sanitation, as hereinafter provided. It shall be unlawful for any owner or manager of any barber shop to employ a barber who has not such a certificate or whose shop does not meet with the sanitary requirements of the board.

      It shall be unlawful for any person to engage in the practice of barbering without a certificate of registration as a registered barber issued pursuant to the provisions of this act by the board of barber examiners hereinafter established.

      It shall be unlawful for any person, firm or corporation to serve as an apprentice under a registered barber without a certificate of registration as a registered apprentice issued by said board.

      It shall be unlawful for any person, firm or corporation to operate a barber shop unless such shop shall at all times be under the direct supervision and management of a registered barber.

      It shall be unlawful for any person, firm or corporation to hire or employ any person to engage in the practice of barbering as hereinafter defined, unless such person then hold a valid, unexpired and unrevoked certificate of registration to practice barbering or a certificate of registration as a registered apprentice, or a permit to practice as a barber, or a permit to work as an apprentice, issued under the provisions of this act.

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

      Section 4.  The state board of barber health and sanitation created under this act shall have authority to make rules and regulations for the administration of the provisions of this act. Said board shall conduct the examinations or delegate same to be conducted by any district administrative board hereinafter provided for, and said board shall prescribe sanitary requirements for barber shops and barber schools and set forth the qualifications and requirements for all barbers, apprentice barbers seeking to carry on the practice of barbering or operating a barber shop, or barber school, within the state. Said board shall annually fix the examination fee which shall not be more than ten ($10) dollars and the annual renewal license fee which shall not be more than five ($5) dollars. The board shall have the power also to fix the salary of the secretary and treasurer of the board, which shall not exceed the sum of six hundred ($600) dollars per year, and to fix the amount to be paid the other two members for each executive meeting in which the other members were in actual attendance, and actual traveling expenses.


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ê1931 Statutes of Nevada, Page 351 (CHAPTER 207, SB 102)ê

 

in which the other members were in actual attendance, and actual traveling expenses. After the details of organization and the placing of this act in operation regular meetings of the board shall be held not less than four times a year. The board shall also fix the compensation of the members of the district administrative boards, which shall not exceed ten ($10) dollars per month. The board shall issue to those applicants who meet the requirements as set forth in the rules and regulations of the board a certificate of registration, health and sanitation.

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

      Section 5.  Each applicant for a license as a practitioner of barbering shall file an application duly verified by his oath for and examination before the board, which application shall be in such form and shall contain such matters as may be required by the board. Each application must be accompanied by the fees provided by this act.

      Any person is qualified to receive a license as a practitioner of barbering:

      (a) Who is qualified under the provisions of the next section of this act; and

      (b) Who is at least eighteen years of age; and

      (c) Who is of good moral character and temperate habits; and

      (d) Who has practiced as a registered apprentice for a period of eighteen months under the immediate personal supervision of a registered barber; and

      (e) Who has passed a satisfactory examination conducted by the board to determine his fitness to practice as a registered barber who fails to pass a satisfactory examination conducted by the board must continue to practice as an apprentice for an additional three months before he is again entitled to take the examination for a registered barber.

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

      Section 6.  The board shall conduct or cause to be conducted by the district administrative board examinations of applicants for certificates of registration to practice as registered barbers, and of applicants for certificates of registration to practice as registered apprentices, and applicants to enter barber schools to determine their fitness, not less than three times each year at such times and places as the board may determine.

      The examination of applicants for certificates of registration as registered barbers and as registered apprentices shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually taught in schools of barbering approved by the board.

 

 

 

 

 

 

 

 

 

Application must be filed

 

 

Requirements for license

 

 

 

 

 

 

 

 

 

 

 

Examinations to be conducted

 

 

 

 

What to include


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

ê1931 Statutes of Nevada, Page 352 (CHAPTER 207, SB 102)ê

 

Qualifications for registered apprentice

 

 

 

 

 

 

 

 

 

 

District advisory boards to be appointed

 

 

 

 

Duties of district boards

 

 

 

 

 

 

 

 

 

 

 

Duties of board when adverse action taken on application for or renewal of registration

      Any person is qualified to receive a certificate of registration as a registered apprentice:

      (a) Who is at least sixteen and one-half years of age; and

      (b) Who is of good moral character and temperate habits; and

      (c) Who has graduated from a school of barbering approved by the board; and

      (d) Who has passed a satisfactory examination conducted by the board to determine his fitness to practice as a registered apprentice.

      Any applicant for a certificate of registration to practice as an apprentice who fails to pass a satisfactory examination must complete a further study in a school of barbering approved by the board.

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

      Section 12.  The state board shall district the state and shall appoint district advisory boards consisting of three members, one of whom shall be the county physician and two who are barbers. The barber members of said administrative board shall hold office at the pleasure of the state board of barber health and sanitation.

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

      Section 13.  It shall be the duty of each district administrative board and said board shall have the power to enter barber shops and places where barbering is conducted during business hours for the purpose of making inspections, and it shall have the power to receive and investigate complaints and conduct hearings, make findings and recommendations and forward its report to the state board of barber health and sanitation for action, and the state board may either act upon the report or may take additional evidence or set aside or modify the report and hear the whole case anew, as it may elect. If the state board of barber health and sanitation shall approve of the findings in any case recommending revocation of a certificate, the certificate of registration shall be revoked.

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

      Section 14.  The board shall not refuse to issue, or renew, or suspend, or revoke any certificate of registration to any person for any of the causes referred to in section 15 of this act unless before taking such action the board shall have given written notice thereof to such person stating the specific reason for its adverse action, and such person shall have been granted the opportunity to appear before the board for a public hearing within twenty days from the date of said notice. At such hearing the accused may be represented by counsel.


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

ê1931 Statutes of Nevada, Page 353 (CHAPTER 207, SB 102)ê

 

counsel. The board shall have the power to summon witnesses and to require the production of books, records and papers for the purpose of such hearing. Subpenas shall be issued by the secretary of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpenas in criminal cases. The fees and mileage of the sheriff and of witnesses shall be the same as allowed in criminal cases and shall be paid from the fund of the board as other expenses of the board are paid. If the accused shall prevail at such hearing, the board shall grant him the proper relief without delay. Any investigations, inquiry or hearing thus authorized may be entertained or held by or before member or members of the board and the finding or order of such member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.

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

      Section 16.  All moneys received by the state board of barber health and sanitation under this act shall be paid to the secretary-treasurer of the board who shall give a receipt for the same and shall report semiannually to the governor the total amount of money received by him on behalf of the board from all sources. Such funds shall be expended in accordance with the provisions of this act for all necessary and proper expenses in carrying out the provisions of this act and upon proper claims approved by said board.

      Sec. 9.  There is hereby added to the above-entitled act a new section to follow section seventeen of the said act, to be known and designated as section 17a, and said section shall read as follows:

      Section 17a.  The board shall elect a president and secretary-treasurer. The secretary-treasurer may or may not be a member of the board. The board shall be furnished with suitable quarters. The board shall adopt and use a common seal for the authentication of its orders and records.

      The secretary-treasurer shall keep a record of all proceedings of the board.

      The secretary-treasurer shall give to the state a bond in the sum of two thousand dollars with sufficient sureties, to be approved by the board, for the faithful performance of his duties. A majority of the board in meeting duly assembled may perform and exercise all the duties and powers devolving upon the board.

      Sec. 10.  There is hereby added to the above-entitled act a new section to follow section seventeen (a) of the said act, to be known and designated as section 17b, and said section shall read as follows:

Powers of board

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of receipts; report to governor

 

 

 

 

 

 

 

 

Officers; duties of


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

ê1931 Statutes of Nevada, Page 354 (CHAPTER 207, SB 102)ê

 

 

Certain acts declared unlawful

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board may prescribe additional regulations

 

 

 

 

Board to keep record

      Section 17b.  It shall be unlawful:

      (a) For any barber or apprentice to knowingly continue the practice of barbering, or for any student knowingly to continue as a student in any school or college of barbering while such person has infectious, contagious or communicable disease;

      (b) To own, manage, operate or control any barber shop unless continuously hot and cold running water be provided for therein, if possible;

      (c) To own, manage, operate or control any barber school or college or part or portion thereof, whether connected therewith or in a separate building, wherein the practice of barbering as hereinafter defined is engaged in or carried on unless all entrances to the place wherein the practice of barbering is so engaged in or carried on shall display a sign indicating that the work therein is done by students exclusively;

      (d) To own, manage, control or operate any barber shop as hereinbefore defined unless the same display a recognized sign indicating that it is a barber shop, which said sign shall be clearly visible at the main entrance to said shop;

      (e) To use upon one patron a towel that has been used upon another patron unless and until the towel has been relaundered;

      (f) Not to provide the head rest on each chair with a relaundered towel or a sheet of clean paper for each patron;

      (g) Not to place around the patron’s neck a strip of cotton, towel or neckband so that the hair-cloth does not come in contact with the neck or skin of the patron’s body;

      (h) To use in the practice of barbering as hereinbefore defined, any styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a barber shop is prima facie evidence that the same is being used therein in the practice of barbering;

      (i) To use on any patron any razors, scissors, tweezers, combs, rubber discs or parts of vibrators used on another patron, unless the same be kept in a closed compartment and immersed in boiling water or in a solution of two per cent carbolic acid, or its equivalent, before each such use.

      The state board of barber examiners shall have power to make other rules and regulations and prescribe other sanitary requirements in addition to the foregoing in aid or furtherance of the provisions of this act.

      Any member of said board or its agents or assistants shall have authority to enter into and to inspect any barber shop or school or college at any time during business hours.

      The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration. This record shall also contain the name, place of business and residence of each registered barber and registered apprentice and the date and number of his certificate of registration.


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

ê1931 Statutes of Nevada, Page 355 (CHAPTER 207, SB 102)ê

 

the name, place of business and residence of each registered barber and registered apprentice and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.

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

      Section 18.  Any person violating any of the provisions of this act, unless by general law otherwise provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or by both such fine and imprisonment.

      Sec. 12.  This act shall become effective upon its passage and approval.

 

 

 

 

 

Penalty for violations of act

 

 

 

 

In effect

 

________

 

CHAPTER 208, SB 96

[Senate Bill No. 96–Committee on Judiciary]

 

Chap. 208–An Act making original contractors upon contracts for all works in this state liable for the wages and fulfillment of the requirements of the Nevada industrial insurance act by subcontractors upon such work, providing penalty for the violation of this act, and other matters properly relating thereto.

 

[Approved March 27, 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 every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and be held liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for said original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by the Nevada industrial insurance act.

      Sec. 2.  It shall be unlawful for any contractor or any other person to fail to comply with the provisions of section 1 of this act, or to attempt to evade the responsibility imposed thereby, or do any other act or thing tending to render nugatory the provisions of this act. Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than twenty-five ($25) dollars nor more than two hundred fifty ($250) dollars for each act, and in addition thereto the district attorney of any county in this state wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this act, in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under said original contractor, and any property of said original contractor, not exempt by law, shall be subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

Original contractor liable for certain obligations of subcontractor

 

 

 

Failure to comply with provisions of act misdemeanor; penalty


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

ê1931 Statutes of Nevada, Page 356 (CHAPTER 208, SB 96)ê

 

District attorney to institute civil action

 

 

 

 

 

 

 

In effect

nor more than two hundred fifty ($250) dollars for each act, and in addition thereto the district attorney of any county in this state wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this act, in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under said original contractor, and any property of said original contractor, not exempt by law, shall be subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this act.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 357ê

CHAPTER 209, SB 86

[Senate Bill No. 86–Committee on Irrigation]

 

Chap. 209–An Act to amend section 52 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 by Stats. 1915, 1919 and 1921, being section 7937 Nevada Compiled Laws 1929.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 52 of the above-entitled act, being section 7937 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 52.  There shall be appointed by the governor, on the recommendation of the state engineer, one or more water commissioners for any stream subject to regulation by the state engineer or for each district, who shall receive a salary to be fixed by the state engineer, but not to exceed five ($5) dollars per day and necessary travel expenses while actually employed in the performance of their duties; provided, however, that a sum not to exceed ten ($10) dollars per day may be paid to water commissioners whose duties require special training and experience.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Water commissioners to be appointed


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

ê1931 Statutes of Nevada, Page 358 (CHAPTER 209, SB 86)ê

 

Salary of water commissioners

 

 

 

 

 

 

 

State engineer to prepare budget

 

 

 

 

 

 

 

 

 

Duties of county commissioners upon receipt of budget

 

 

 

 

 

Proceeds of tax to go into state treasury

 

State board of examiners to approve all bills

to be fixed by the state engineer, but not to exceed five ($5) dollars per day and necessary travel expenses while actually employed in the performance of their duties; provided, however, that a sum not to exceed ten ($10) dollars per day may be paid to water commissioners whose duties require special training and experience. Such water commissioners shall execute the laws prescribed in sections 52 to 58, inclusive, of this act, under the direction of the state engineer. The salary of such water commissioners shall be paid by the State of Nevada out of a fund as hereinafter provided. If the stream system or water district lies in more than one county, such salary and expenses shall be apportioned ratably to the counties, in the proportion the water rights in the county bear to the aggregate rights in the stream system or district. The state engineer shall, between the first Monday of January and the first Monday of April of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year. Said budget shall be prepared and show the following detail: The aggregate amount estimated to be necessary to pay the expenses of said stream system or district; the aggregate water rights in the stream system or district as determined by the state engineer or the court, and the proportion that each claimant’s right bears to the aggregate rights in the stream system or district, and the charge against each water user, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system or district; provided, however, that the minimum charge shall be one dollar. Upon receipt of such budget by the board of county commissioners, it shall be their duty to certify the respective charges contained therein to the assessor of the county or counties in which the land or property is situate, and it shall be the duty of such assessor to enter the amount of such charge or charges on the assessment roll against said claimants and the property or acreage served. It shall be the duty of the proper officers of the county to collect such special tax as other special taxes are levied and collected, and such charge shall be a lien upon the property so served, and shall be collected in the same manner as other taxes are collected. The taxes and charges hereinabove provided for, when collected, shall be deposited with the state treasurer of Nevada, in the same manner as other special taxes, in a fund in the state treasury which shall be known as “Water Distribution Funds.” All bills against said fund in the state treasury shall be certified by the state engineer or his assistant, and, when so certified and approved by the state board of examiners the state controller is authorized to draw his warrant therefor against such water distribution funds; provided, that no advances shall be made from a stream system fund that has been depleted until such advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented.


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

ê1931 Statutes of Nevada, Page 359 (CHAPTER 209, SB 86)ê

 

that has been depleted until such advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented. Any moneys remaining in the water distribution funds at the end of the current year shall remain in such fund and be available for use in the following year. The state controller shall keep separate accounts of the funds for each stream system or water district received from the various counties within which the stream system or district is located, and shall not draw warrants against a water district fund until he has been notified by the state engineer that assessments have been filed with the county commissioners, as herein required, that will return to the State of Nevada funds advanced by the state out of a fund hereinafter provided.

      It is further provided that the county treasurer of each county, having a balance in his water distribution funds which have been collected or may be collected under the provisions contained in section 52, shall, within 60 days of the passage and approval of this act, forward to the state treasurer all moneys remaining in said county water distribution fund.

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

 

 

 

 

Duties of state controller

 

 

 

 

County treasurers to transfer certain balances to state

 

 

In effect

 

________

 

CHAPTER 210, SB 48

[Senate Bill No. 48–Senator Getchell]

 

Chap. 210–An Act to amend sections 14 and 15 of 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 5337 and 5338 Nevada Compiled Laws 1929.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 14 of the above-entitled act is hereby amended so as to read as follows:

      Section 14.  Whenever it shall appear to the state highway engineer that any work or improvements can be done in a more economical or other satisfactory manner than by contract, it shall be discretionary with the state highway engineer, with the unanimous approval of the board of state highway directors, the governor, and the board of county commissioners of the county in which the work is to be performed, to execute such work or improvements himself; otherwise it shall be the duty of the state highway engineer to advertise for bids for such work according to plans and specifications prepared by him. Publication thereof shall be made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks in a weekly, semiweekly or triweekly newspaper, or for a period of ten days when in a daily newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days.

 

 

 

 

 

 

 

 

 

 

 

 

 

Highway engineer may execute work or improvements


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

ê1931 Statutes of Nevada, Page 360 (CHAPTER 210, SB 48)ê

 

Bids to be advertised

 

 

 

 

 

 

 

 

 

 

 

 

 

Bidders must meet certain requirements prior to receiving plans and specifications

 

 

 

 

 

 

 

 

 

 

 

 

Disqualified person may request hearing

be made in a newspaper of general circulation in the county in which the proposed improvement or construction is to be made, for a period of two weeks in a weekly, semiweekly or triweekly newspaper, or for a period of ten days when in a daily newspaper, and such advertisement shall be published in one or more daily papers of general circulation throughout the state for a period of ten days. Such advertisement shall state the place where the bidders may inspect the plans and specifications, the time and place, and which said time shall not be less than fifty days from first day of publication when bids will be received, and the time and place for opening the same. Every bid shall be accompanied by a certified check of the bidder in an amount equal to five per cent of the amount of his bid, said amount to be forfeited to the state highway fund should the bidder to whom the contract is awarded fail to enter into the contract in accordance with his bid and give the bond required within fifteen days after notice of such award. The checks of all unsuccessful bidders shall be returned immediately after the contract is awarded and the bond given.

      The state highway engineer shall, before furnishing any person proposing to bid on any such duly advertised work with the plans and specifications for such work, require from such person a statement, under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which shall include a complete statement of the person’s financial ability and experience in performing public work of a similar nature. Such statements shall be filed with the state highway engineer in ample time to permit the department to verify the information contained therein in advance of furnishing proposal form and plans and specifications to any such person proposing to bid on any such duly advertised public work, in accordance with the department’s rules and regulations, to be adopted as hereinafter provided. Whenever the state highway engineer is not satisfied with the sufficiency of the answers contained in such questionnaire and financial statement he may refuse to furnish such person with plans and specifications and the official proposal forms on any such duly advertised project, and any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance herewith must be disregarded, and the certified check of such bidder returned forthwith. Any person who may be disqualified by the state highway engineer, in accordance with the provisions of this section, may request, in writing, a hearing before the state highway engineer and present again his certified check and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience as might tend to justify, in his opinion, issuance to such person of the plans and specifications for such work.


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

ê1931 Statutes of Nevada, Page 361 (CHAPTER 210, SB 48)ê

 

and specifications for such work. Any such person shall have the further right of appeal from the decision of the state highway engineer to the board of directors of the state highway department; provided, such appeal is made not later than five days prior to the opening of bids on any such project, and if such appeal be sustained by said board such persons shall be admitted to the rights and privileges of all other bidders herein. The state highway engineer by and with the approval of the board of directors shall make such rules and regulations as are necessary to carry out the intent of this section. The work “person” as used in this section shall include individuals, copartnerships, associations, corporations, or joint stock companies and their representatives, trustees, or receivers appointed by any court of competent jurisdiction.

      All bids so submitted shall be received at the office of the department of highways and shall be publicly opened and read at the time stated in the advertisement. The department of highways shall have the right to reject any and all bids if, in the opinion of the department, the bids are unbalanced, or for any good cause. In awarding contract the department of highways shall make the award to the lowest responsible bidder, who has qualified and submitted his proposal in accordance with the procedure in this section provided. The successful bidder shall be required to furnish bond, with sureties, approved by the department of highways in a sum equal to the full or total amount of the contract awarded; two-thirds of such bond to be conditioned that such work under the contract shall be performed in accordance with the plans and specifications and the terms of contract, and one-third of such bond to be conditioned as additional protection for labor, material and supplies furnished upon or used in, upon, or about, or for the performance of said work, and otherwise conditioned as in this act provided, and no party bidding for work shall be accepted as surety on any required bond. When the contract is executed, a copy of the same, including plans and specifications and estimates of cost, shall be filed forthwith in the office of the department of highways and a like copy filed with the clerk of the board of county commissioners of the county in which the work is to be performed.

      Sec. 2.  Section 15 of the above-entitled act is hereby amended so as to read as follows:

      Section 15.  The state highway engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place and labor expended thereon; but not more than ninety per cent of the contract price of any work shall be paid in advance of full completion and acceptance of such improvement or construction; provided, however, that the state highway engineer at any time after fifty per cent of the work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining partial payments in full, based upon said progress estimates.

Right of appeal

 

 

 

 

 

 

“Person” defined

 

 

Bids publicly opened

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Engineer may authorize partial repayment


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

ê1931 Statutes of Nevada, Page 362 (CHAPTER 210, SB 48)ê

 

 

 

Certain percentage of contract price to be retained pending acceptance

 

 

 

 

 

 

 

 

 

 

 

 

In effect

than ninety per cent of the contract price of any work shall be paid in advance of full completion and acceptance of such improvement or construction; provided, however, that the state highway engineer at any time after fifty per cent of the work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining partial payments in full, based upon said progress estimates. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the same is satisfactorily completed and accepted by the state highway engineer and any authorized representative of the United States government as shall have supervision of other highways within the meaning of this act; provided, that in the event it becomes necessary for the state highway engineer to take over for completion any road contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of said contract or contracts; any balance remaining after such completion to be payable to the contractor, or the contractor’s creditors; and provided further, that such retained percentage as may be due any contractor shall be due and payable at the expiration of the thirty-day period as hereinafter provided for filing of creditors’ claims, and such retained percentage shall be due and payable to the contractor without regard to creditors’ claims filed with the state highway department.

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

 

________

 

CHAPTER 211, SB 73

 

[Senate Bill No. 73–Senator Getchell]

 

Chap. 211–An Act to amend sections 1, 2, 3 and 4 of chapter one of “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended, being sections 5650, 5651, 5652, 5653 Nevada Compiled Laws 1929, and adding a new section thereto to be known as section 5.

 

[Approved March 27, 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 5650 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 1.  The state board of education shall consist of the governor, the state superintendent of public instruction and five lay members, elected one from each of the educational supervision districts of the state.


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

ê1931 Statutes of Nevada, Page 363 (CHAPTER 211, SB 73)ê

 

and five lay members, elected one from each of the educational supervision districts of the state. On July, 1931, the governor shall appoint the five lay members as follows:

      In the odd-numbered educational supervision districts the state board members shall be appointed and hold office until the first Monday in January, 1933, and in the even-numbered educational supervision districts the state board members shall be appointed and hold office until the first Monday in January, 1935.

      At the general election in the fall of 1932, and every four years thereafter, the secretary of state shall provide for the election of the three state board members in the odd-numbered educational supervision districts, and at the general election in the fall of 1934, and every four years thereafter, he shall provide for the election of the state board members in the even-numbered educational supervision districts.

      The elected lay members of the state board of education shall be elected as are other nonpartisan officers and hold office for a period of four years. In case a vacancy occurs in the board the governor shall appoint a member to fill the vacancy for the remainder of the unexpired term.

      Sec. 2.  Section 2 of the above-entitled act, being section 5651 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 2.  The board of education at its first meeting after the appointment of the lay members shall organize by electing one of its members president, to serve during the pleasure of the board. The superintendent of public instruction shall be the secretary of the board and serve without additional salary.

      Sec. 3.  Section 3 of the above-entitled act, being section 5652 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 3.  The state board of education shall meet at the call of the secretary, but shall hold at least two meetings annually at the state capitol, and may hold special meetings at such times and places as the board may direct. The secretary shall call meetings upon the written request of any three members of the board, and the majority of the board shall constitute a quorum for the transaction of business.

      The members of the state board of education shall receive no compensation for their services, but shall be allowed their actual traveling expenses incurred on attending the meetings of the board, which expenses and all other expenses, on the approval of the state superintendent of public instruction, shall be allowed and paid from the state distributive fund as other claims against the state are allowed and paid.

      Sec. 4.  Section 4 of the above-entitled act, being section 5653 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

State board of education; governor to appoint lay members

 

 

 

Board to be elected, how and when

 

 

 

Offices nonpartisan

 

 

 

 

 

Organization of board

 

 

 

 

 

Time of meeting

 

 

 

 

Board members allowed expenses


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

ê1931 Statutes of Nevada, Page 364 (CHAPTER 211, SB 73)ê

 

 

 

Powers and duties of board

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

      1.  To adopt rules and regulations not inconsistent with the constitution and the laws of the state for its own government and proper and necessary for the execution of the powers and duties conferred upon it by law; provided, that any change made by the state board of education, by which the scholarship, training or experience required for any certificate or diploma is increased, shall be announced when made, and shall be effective not less than one year from the date when such change is announced.

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

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

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

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

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

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

      8.  To publish as the official organ of the department of education, a bulletin, which bulletin shall be printed in the state printing office.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 365ê

CHAPTER 212, SB 60

[Senate Bill No. 60–Senator Getchell]

 

Chap. 212–An Act providing for the registering of public works contractors, and defining the term “public works contractors,” providing the method of obtaining licenses to engage in the business of public works contracting, and fixing the fees for such licenses; providing the method of suspensions and cancellation of such licenses; and prescribing the punishment for violation of the provisions of this act.

 

[Approved March 27, 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, firm, copartnership, corporation, association or other organization, or any combination of any thereof, to engage in the business or act in the capacity of a public works contractor as herein defined within this state without having a license therefor as herein provided.

      Sec. 2.  A public works contractor within the meaning of this act is herein defined to be any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, who submits a proposal for or who enters into a contract with the State of Nevada or any board, commission or department thereof, or with any board of county commissioners of any county, or any city council of any incorporated municipality, or with any other public board, commission, or otherwise, charged with the letting of public works construction contracts, or who proposes or undertakes any other public works construction within the confines of this state, wherein the total value of such proposal or contract exceeds the value of ten thousand dollars; provided, that the term “public works constructor” shall also include any subcontractor who performs any part of any public works construction contract as in this section provided where the amount of such subcontract exceeds the sum last above mentioned.

      Sec. 3.  The state controller of the State of Nevada is hereby constituted a registrar for the purposes of this act, and is empowered to employ such assistants and procure such equipment and records as may be necessary to carry out its provisions.

      Sec. 4.  To obtain a license under this act the applicant shall submit, on such forms as the registrar shall prescribe, a duly verified application, which shall contain a statement of the applicant’s experience and qualifications as a public works contractor, the value and character of public works theretofore completed and for whom performed, together with such other information as may be required by the registrar under such rules and regulations as may be adopted by the registrar and which will assist the registrar in determining the applicant’s fitness to act in the capacity of a public works contractor as defined in this act; and containing the statement that the applicant desires the issuance of a license under the terms of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public works contractor must be licensed

 

 

 

Public works contractor defined

 

 

 

 

 

 

 

 

 

 

 

State controller to be registrar

 

Procedure to secure license


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

ê1931 Statutes of Nevada, Page 366 (CHAPTER 212, SB 60)ê

 

 

 

 

 

 

Fee for license; renewal

 

 

 

 

 

 

 

 

 

 

 

 

 

Registrar to issue license

 

 

 

 

Expiration of license

 

 

 

 

Registrar to maintain index for public inspection

with such other information as may be required by the registrar under such rules and regulations as may be adopted by the registrar and which will assist the registrar in determining the applicant’s fitness to act in the capacity of a public works contractor as defined in this act; and containing the statement that the applicant desires the issuance of a license under the terms of this act.

      Each such first application of any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, desiring to be licensed in accordance with the provisions of this act, shall be accompanied by a fee of $200, and upon the issuance of the license as herein provided shall entitle the licensee to act as a public works contractor until the expiration of the then current fiscal year. Said license may be renewed for the full term of each subsequent fiscal year by the proper filing with the registrar of an application therefor on or before June 30 of each year, accompanied by a renewal fee of $100. Any license which has not been renewed in accordance with this section shall be considered as having expired and the applicant may only secure a new license in accordance with the manner in this section provided for an original first application. The fees received under this act shall be deposited in the contractor’s license fund, which fund is hereby created. All of said fees shall be used for the sole purpose of administration and enforcement of this act, and all moneys in said fund are hereby appropriated for this purpose.

      Sec. 5.  Upon receipt of said application and of said fee, it shall be the duty of the registrar forthwith and within ten days to issue a license to the applicant permitting him to engage in business as a public works contractor under the terms of this act. The license issued under this act shall be signed by the licensee, shall be nontransferable and shall at all times be displayed in the licensee’s main office or principal place of business.

      Sec. 6.  All licenses issued under the provisions of this act shall lapse and expire on the 30th day of June next following the date thereof. An application duly made on the prescribed form by one entitled to a license, accompanied by the license or renewal fee and filed with the registrar, shall authorize operations as a public works contractor by such applicant pending actual issuance of such license.

      Sec. 7.  The registrar shall maintain in his office at Carson City, open to public instruction during office hours, a complete indexed record of all applications and all licenses issued and all renewed licenses under this act, and of all terminations, cancellations and suspensions thereof; and shall furnish a certified copy of any license issued, or of the cancellations or suspensions thereof, upon receipt of the sum of one dollar, and such certified copy shall be received in all courts and elsewhere as prima facie evidence of the facts stated therein.


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

ê1931 Statutes of Nevada, Page 367 (CHAPTER 212, SB 60)ê

 

in all courts and elsewhere as prima facie evidence of the facts stated therein.

      Sec. 8.  Any person, firm, corporation, association or other organization may file a duly verified complaint with the registrar charging that the licensee is guilty of one or more of the following acts or omissions:

      (1) Abandonment of any contract without legal excuse;

      (2) Diversion of funds or property received under express agreement for prosecution or completion of a specific contract under this act, or for a specified purpose in the prosecution or completion of any contract, and their application or use for any other contract, obligation or purpose with intent to defraud or deceive creditors or the owner;

      (3) The doing of any willful fraudulent act by the licensee as a public works contractor in consequence of which another is substantially injured.

      On the filing of such complaint the registrar shall investigate the charge and within sixty days after the filing of such complaint shall render and file his decision with his reasons therefor. If the registrar’s decision be that the licensee has been guilty of any of such acts or omissions, he shall suspend the public works contractor’s license. At any time within twenty days thereafter the complainant or the public works contractor may petition the registrar for a rehearing. In his order granting or denying such rehearing, the registrar shall set forth a statement of the particular grounds and reasons for his actions on such petition and shall mail a copy of such order to the parties who have appeared in support of or in opposition to the petition for rehearing. If a rehearing be granted, the registrar shall set the matter for further hearing on due notice to the parties, and within thirty days after submission of the matter serve his decision after rehearing in like manner as an original decision.

      The filing of such petition for rehearing as to the registrar’s actions in suspending or canceling such license shall suspend the operation of such action and permit the licensee to continue to do business as a public works contractor pending final determination of the controversy.

      Within thirty days after denial of rehearing or after decision on rehearing, any party aggrieved by such decision of the registrar may appeal therefrom to the district court in and for the county in which the licensee under this act resides or does business as a public works contractor, by serving upon the registrar a notice of such appeal. Upon the hearing of such appeal, the burden of proof shall lie upon the appellant, and the district court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the matters in controversy.

 

Complaints to be filed with registrar

 

 

 

 

 

 

 

 

 

Duties of registrar; may suspend license

 

 

 

 

 

 

 

 

 

 

Rehearing

 

 

 

Licensee may appeal to district court


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

ê1931 Statutes of Nevada, Page 368 (CHAPTER 212, SB 60)ê

 

 

 

 

License may be restored

 

 

 

 

 

 

Penalties for violation of act

 

 

 

 

 

 

 

Each section to be construed separately

 

 

 

 

Repeal

 

In effect

      If the district court shall determine that the public works contractor’s license should be suspended or canceled, it shall by its judgment suspend or cancel such license.

      Sec. 9.  After suspension of a license the registrar shall restore the same upon proof of the compliance by the public works contractor with any provisions of the judgment in that behalf, or in the absence of such judgment or any provisions therein as to restoration, in the sound discretion of the registrar. After cancellation of a license such licensee shall not be relicensed within a period of one year after final determination of cancellation and then only on proper showing that all loss caused by the act or omission for which the license was canceled has been fully satisfied.

      Sec. 10.  Any person, firm, copartnership, corporation, association or other organization acting in the capacity of contractor within the meaning of this act, without a license as herein provided, shall be guilty of a misdemeanor and shall, upon conviction thereof, if a person, be punished by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment, in the discretion of the court. The same penalties shall apply, upon conviction, to any member of a copartnership, or to any construction, managing or directing officer of any corporation or other organization consenting to, participating in, or aiding or abetting any such violation of this act.

      Sec. 11.  If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

      Sec. 12.  All laws, or parts of laws, in conflict with the provisions of this act shall be, and the same are, hereby repealed.

      Sec. 13.  This act shall become effective immediately upon its passage and approval.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 369ê

CHAPTER 213, SB 110

[Senate Bill No. 110–Senator Friedhoff]

 

Chap. 213–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation 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,” commonly known as the Nevada industrial insurance act.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 40 of said act is amended so as to read as follows:

      Section 40.  (a) The premiums, contributions, penalties, properties, or securities paid, collected or acquired by operation of this act shall constitute a fund to be known as the “State Insurance Fund.” All disbursements from the state insurance fund shall be paid by the state treasurer upon warrants or vouchers of the Nevada industrial commission authorized and signed by any two members of the commission. The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this act save and except from the state insurance fund, but shall be responsible for the safety and preservation of the state insurance fund.

      (b) The Nevada industrial commission may, pursuant to a resolution of the commission, approved by the governor, invest any of the surplus or reserve of said fund in bonds of the United States, in the bonds of this or other states, in the bonds of any county of the State of Nevada or other states, in farm-loan bonds of the federal land banks, or in bonds of incorporated cities or school districts, or in bonds of irrigation districts, or drainage districts of the State of Nevada. The commission shall make due and diligent inquiry as to the financial standing of the state or states, county or counties, city or cities, school district or school districts, irrigation district or irrigation districts, or drainage district or drainage districts, whose bonds or securities it proposes to purchase, and shall also require the attorney-general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, or irrigation district or drainage district under which such bonds are issued.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State insurance fund

 

 

 

 

 

 

 

 

 

Investment of funds

 

 

 

 

 

 

 

 

Attorney-general to give opinion


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

ê1931 Statutes of Nevada, Page 370 (CHAPTER 213, SB 110)ê

 

 

State treasurer to collect interest on investments

 

 

 

 

 

 

 

 

 

Portion of fund may be deposited in state banks

 

 

 

 

 

 

 

 

 

 

Commission members to give bond

district, or irrigation district or drainage district under which such bonds are issued.

      All such bonds or securities shall be placed in the hands of the state treasurer, who shall be the custodian thereof. He shall collect the principal and interest thereon when due, and pay the same into the state insurance fund. He shall notify the Nevada industrial commission of the amounts so paid into the state insurance fund, giving full details of the transaction. The state treasurer shall pay all vouchers drawn on the state insurance fund for the making of such investments, when signed by two members of the commission, upon delivery of such bonds or securities to him when there is attached to such vouchers a copy of the resolution of the commission authorizing the investment, approved by the governor, said copy to be certified by the secretary under seal of the commission. The commission may, upon its resolution approved by the governor, sell any of such bonds or securities.

      (c) The state treasurer may, upon written authority of the Nevada industrial commission, approved by the governor, deposit twenty-five (25%) per cent of said fund in a bank or banks in the State of Nevada, fifteen (15%) per cent thereof to be deposited in open accounts bearing interest at not less than three (3%) per cent per annum, and ten (10%) per cent thereof to be deposited in time accounts, bearing interest at not less than four (4%) per cent per annum; provided, however, that such bank or banks in which deposits may be made shall give to the Nevada industrial commission a good and sufficient deposit bond guaranteeing said Nevada industrial commission against any loss of said deposits by reason of the failure, suspension or otherwise of said bank. Interest earned by such portion of the state insurance fund which may be deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.

      (d) Each member of the commission, before entering upon the duties of his office, shall give a good and sufficient bond running to the State of Nevada, and shall take the oath prescribed by the constitution, in the penal sum of ten thousand dollars, conditioned that he shall fully discharge the duties of his office; said bonds shall be signed by a surety company duly authorized to do business in this state, or by two or more individuals as surety or sureties; shall be subject to approval by the governor, and shall then be filed with the secretary of state. If surety company bonds be furnished, the premium therefor shall be paid out of the state insurance fund as other expenses of the commission are paid.

      (e) The commission shall have a seal upon which shall be inscribed the words “Nevada Industrial Commission-State of Nevada.”


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

ê1931 Statutes of Nevada, Page 371 (CHAPTER 213, SB 110)ê

 

of Nevada.” Its seal shall be fixed to all orders, proceedings, and copies thereof, and to such other instruments as the commission may direct. All courts shall take judicial notice of such seal, and any copy of any record or proceeding of the commission certified under such seal shall be received in all courts as evidence of the original thereof.

      (f) The commission may arrange for such reinsurance as, in its opinion, will properly protect the state insurance fund in case of a catastrophe.

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

Seal for commission

 

 

 

 

Reinsurance provided for

In effect

 

________

 

CHAPTER 214, SB 139

[Senate Bill No. 139–Senator Miller]

 

Chap. 214–An Act authorizing the county commissioners of Mineral County, Nevada, to issue bonds for the purpose of constructing, installing and providing for waterworks mains for the town of Mina in said county, providing for the levy and collection of taxes for the payment thereof, providing for a board to carry out the provisions of this act, and other matters relating thereto.

 

[Approved March 27, 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 Mineral is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Mina in said county for an amount not exceeding ten thousand ($10,000) dollars, exclusive of interest, for the purpose of providing funds for the acquisition of certain public utilities for the town of Mina, to wit, a sewerage and watermain system. Said bonds shall be named “Town of Mina Watermain Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of five hundred ($500) dollars and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding six per centum per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually beginning January 1, 1933, 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 fifteen years.

 

 

 

 

 

 

 

 

 

 

 

 

 

$10,000 bond issue for Mina, Mineral County

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

Rate of interest


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

ê1931 Statutes of Nevada, Page 372 (CHAPTER 214, SB 139)ê

 

 

 

 

County commissioners to negotiate sale of bonds

 

 

Proceeds to go into fund

 

 

 

 

 

Governor to appoint board to administer act

 

 

 

 

 

 

 

Tax levy to pay interest and redeem bonds

and retired consecutively in the order of their issuance annually beginning January 1, 1933, 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 fifteen 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 Mina Public Utilities 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.

      Sec. 4a.  Upon the passage of this act the governor of the State of Nevada shall appoint a board to be known as the Mina town board, whose duty it shall be to carry out the provisions of this act in the matter of the acquisition, installment, management and control of the system provided for in the appropriation made by this act. Said board shall consist of three members and appointment made by the governor shall be until the general election in 1932, at which time, and biennially thereafter, at said election in the same manner as other officers are elected, three members who shall hold office for the period of two years or until their successors are elected and qualified.

      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 the town of Mina, Mineral County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with the bond number one, and consecutively thereafter, one of said bonds annually, beginning with the first Monday in January, 1933, 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 Mina Watermain Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund.


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

ê1931 Statutes of Nevada, Page 373 (CHAPTER 214, SB 139)ê

 

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 Mina.

      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 Mina 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.

      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, the collection and enforcement of collection of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management, and financing of the systems mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than June 1, 1931. 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.

 

 

Tax to cease, when

 

 

 

 

 

 

County treasurer to redeem bonds

 

 

 

 

Interest to cease, when

 

 

Faith of state pledged

 

 

 

Provisions of existing law to govern

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 374ê

CHAPTER 215, SB 109

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Police judge, qualifications

 

 

 

 

Concurrent jurisdiction with justice courts

 

Proviso

 

 

 

 

 

 

Fines, regulations regarding

[Senate Bill No. 109–Senator Henderson]

 

Chap. 215–An Act to amend sections 29, 5 and 31 of chapter II of an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      Section 29.  The municipal court shall be presided over by a municipal judge who shall be a citizen of the state and resident of the said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings of said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of said city at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars;


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

ê1931 Statutes of Nevada, Page 375 (CHAPTER 215, SB 109)ê

 

to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also, for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleading or the verified answer that the validity of any tax, assessment or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts. The said court shall have jurisdiction of the following offenses committed within the city which either violate the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct and all offenses under ordinances of the city. The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justice of the peace. The municipal judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report. In all cases in which the municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge.

Municipal court, jurisdiction in various cases

 

 

 

 

 

 

 

Proviso

 

 

 

 

Jurisdiction of offenses against peace of city

 

 

 

 

 

 

Treated as justice court

 

 

 

 

Docket to be kept


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

ê1931 Statutes of Nevada, Page 376 (CHAPTER 215, SB 109)ê

 

Judge disqualified to act, when

 

 

 

 

 

 

Appeals, how taken

 

 

 

 

 

 

 

County officers to be ex officio officers

reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge. Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be. All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.

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

      Section 5.  Officers, Appointive and Ex Officio-Enumeration of Compensation-Bonds.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license collector of said city, and the board of commissioners shall allow each of said officers such deputies, assistants or clerks as in their judgment the volume of work in each of said offices may require; such deputies, assistants or clerks to receive such compensation as may be fixed, from time to time, by said board of city commissioners. The county treasurer and ex officio tax receiver of the county of Clark as ex officio treasurer and tax receiver of the city of Las Vegas, and the county assessor of the county of Clark as ex officio assessor of the city of Las Vegas, shall each receive such compensation, not to exceed one hundred dollars ($100) a month each, as may be fixed from time to time by said board of city commissioners. The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The city clerk shall be required to furnish a good and sufficient bond in an amount specified by the board of commissioners, said bond to be approved by said board of commissioners. The board of commissioners may appoint a city attorney with a regular salary of not to exceed thirty-six hundred dollars ($3,600) per annum, payable in equal monthly installments; also a chief of police with a salary of not to exceed three thousand dollars ($3,000) per annum, payable in equal monthly installments; also, a judge of the municipal court at such salary as such board may deem proper, not exceeding, however, the sum of three hundred dollars ($300) per month.


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

ê1931 Statutes of Nevada, Page 377 (CHAPTER 215, SB 109)ê

 

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

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

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

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

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

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

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

 

County officers to be ex officio officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of board of commissioners


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

ê1931 Statutes of Nevada, Page 378 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

cause to be collected a tax not to exceed five mills on the dollar of all of the taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as “Publicity Fund.”

      5.  To borrow money on the credit of the city for corporation purposes and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness in excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within twenty-five years after issuing same. The board shall have the power to acquire or establish any public utility only in the manner herein provided. The board shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for three successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for said bond issue. At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of the said city equal in number to at least ten per cent of the number of votes cast in said city for representative in Congress at the last preceding general election, as shown by the last preceding registration list, and representing not less than five per cent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said five per cent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.


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ê1931 Statutes of Nevada, Page 379 (CHAPTER 215, SB 109)ê

 

shown by the last preceding registration list, and representing not less than five per cent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said five per cent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interests of said city to acquire or establish such public utility.

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems (including disposal plants) within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of two hundred fifty thousand dollars ($250,000); which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than seven per cent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.” Before issuing the said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue.

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ê1931 Statutes of Nevada, Page 380 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment and that they are for the construction of a sewerage system and/or sewerage disposal plant, as the case may be. The board shall cause a sufficient number of ballots to be printed which shall bear the words: “Sewerage Bonds-Yes,” and “Sewerage Bonds-No,” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes” if opposed to the bonds, and the word “No” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections. If the majority of the votes cast are in favor of the issuance of the bonds the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such question to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which event said notice, instead of calling for a special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election. Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such a rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.

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

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


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ê1931 Statutes of Nevada, Page 381 (CHAPTER 215, SB 109)ê

 

taxation or to create districts for that purpose as occasion may require.

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

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

      10.  To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and businesses, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, auto camps, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobile and motor sales agencies, vulcanizing shops, battery service shops, sales stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed brick yards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city. To fix and impose and collect a license tax on and regulate auctioneers, stock brokers and stock exchanges. To fix, impose and collect a license tax on, regulate, prohibit or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. Within said city and within one mile outside of the city limits to regulate, prohibit and prescribe the location of and suppress all houses of ill fame, hurdy gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dance houses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms.

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ê1931 Statutes of Nevada, Page 382 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

as allowed by law, and to prohibit gambling in all its various forms.

      To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, advertising agencies, publicity agencies, ice peddlers, insurance agencies, insurance companies, building and loan associations and companies, fire, life and accident insurance companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing license the board must make the same uniform as to each trade, calling, business, occupation or profession.


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ê1931 Statutes of Nevada, Page 383 (CHAPTER 215, SB 109)ê

 

physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing license the board must make the same uniform as to each trade, calling, business, occupation or profession.

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

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

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

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

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

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

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

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

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

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

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

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

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ê1931 Statutes of Nevada, Page 384 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

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

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

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

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

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

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

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

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

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

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

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


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ê1931 Statutes of Nevada, Page 385 (CHAPTER 215, SB 109)ê

 

cattle guards, crossings of streets, alleys, avenues and public places, and to keep the same in repair within the limits of the city.

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

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

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

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

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

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

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

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

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

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ê1931 Statutes of Nevada, Page 386 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

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

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

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

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

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

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

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

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

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

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


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ê1931 Statutes of Nevada, Page 387 (CHAPTER 215, SB 109)ê

 

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

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

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

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

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

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

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

      58.  To authorize the taking and to provide for safe-keeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.

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

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

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ê1931 Statutes of Nevada, Page 388 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

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

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

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

      62a.  To adopt by reference and to enforce any uniform building code and/or electrical code.

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

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

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

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

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

      68.  To prohibit cruelty to animals.


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ê1931 Statutes of Nevada, Page 389 (CHAPTER 215, SB 109)ê

 

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

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

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

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

      73.  To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within said city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 70 of this section.

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

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

Powers of board of commissioners


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ê1931 Statutes of Nevada, Page 390 (CHAPTER 215, SB 109)ê

 

Powers of board of commissioners

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

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

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

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

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

      80a.  To authorize by ordinance officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may by such ordinance direct the traffic as public safety or public convenience may require.

      80b.  To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of city commissioners to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof.

      80c.  To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys and public places; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.


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ê1931 Statutes of Nevada, Page 391 (CHAPTER 215, SB 109)ê

 

with the free use of the streets, sidewalks, alleys or public places.

      80d.  To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.

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

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

      Sec. 5.  This act shall become effective and be in full force from and after its passage and approval.

Powers of board of commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 216, AB 204

[Assembly Bill No. 204–Mr. Dunseath]

 

Chap. 216–An Act to amend section 461 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, as amended, being section 10414 Nevada Compiled Laws 1929, and repealing all acts and parts of acts in conflict with this act.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 461 of the above-entitled act, being section 10414 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 461.  Any person who shall obtain food, foodstuffs, lodging, merchandise or other accommodation at any hotel, inn, boarding, rooming, eating house, grocery store, market, or dairy, with intent to defraud the owner or keeper thereof, is 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 for not more than six months.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defrauding innkeeper, merchant, etc., penalty


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

ê1931 Statutes of Nevada, Page 392 (CHAPTER 216, AB 204)ê

 

What shall be prima facie evidence of fraudulent intent

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

by imprisonment in the county jail for not more than six months. Proof that lodging, food, foodstuffs, merchandise, or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for such food, foodstuffs, lodging, merchandise, or other accommodations, or that he gave in payment for such food, foodstuffs, lodging, merchandise, or other accommodation negotiable paper on which payment was refused, or that he absconded without paying, or offering to pay for such food, foodstuffs, lodging, merchandise, or other accommodation, or that he surreptitiously removed or attempted to move his baggage, shall be prima facie evidence of the fraudulent intent mentioned herein; but this act shall not apply where there has been an agreement in writing for delay in payment for a period to exceed ten days. All acts or other parts of acts that conflict herewith are hereby repealed.

      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 217, AB 141

 

 

 

 

 

 

 

 

 

 

Definition of terms

[Assembly Bill No. 141–Mr. Alward]

 

Chap. 217–An Act concerning fraudulent conveyances and to make uniform the law relating thereto.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Definition of Terms.  In this act “Assets” of a debtor means property not exempt from liability for his debts. To the extent that any property is liable for any debts of the debtor, such property shall be included in his assets.

      “Conveyance” includes every payment of money, assignment, release, transfer, lease, mortgage or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.

      “Creditor” is a person having any claim, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.

      “Debt” includes any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent.

      Sec. 2.  Insolvency.  (1) A person is insolvent when the present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.


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ê1931 Statutes of Nevada, Page 393 (CHAPTER 217, AB 141)ê

 

present fair salable value of his assets is less than the amount that will be required to pay his probable liability on his existing debts as they become absolute and matured.

      (2) In determining whether a partnership is insolvent there shall be added to the partnership property the present fair salable value of the separate assets of each general partner in excess of the amount probably sufficient to meet the claims of his separate creditors, and also the amount of any unpaid subscription to the partnership of each limited partner, provided the present fair salable value of the assets of such limited partner is probably sufficient to pay his debts, including such unpaid subscription.

      Sec. 3.  Fair Consideration.  Fair consideration is given for property, or obligation,

      (a) When in exchange for such property, or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or an antecedent debt is satisfied, or

      (b) When such property or obligation is received in good faith to secure a present advance or antecedent debt in amount not disproportionately small as compared with the value of the property or obligation obtained.

      Sec. 4.  Conveyances by Insolvent.  Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent if the conveyance is made or the obligation is incurred without a fair consideration.

      Sec. 5.  Conveyances by Persons in Business.  Every conveyance made without fair consideration when the person making it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital is fraudulent as to creditors and as to other persons who become creditors during the continuance of such business or transaction without regard to his actual intent.

      Sec. 6.  Conveyances by a Person About to Incur Debts.  Every conveyance made and every obligation incurred without fair consideration when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature is fraudulent as to both present and future creditors.

      Sec. 7.  Conveyance Made With Intent to Defraud.  Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.

      Sec. 8.  Conveyance of Partnership Property.  Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be thereby rendered insolvent, is fraudulent as to partnership creditors, if the conveyance is made or obligation is incurred,

 

Insolvency

 

 

 

 

 

 

 

Fair consideration

 

 

 

 

 

 

Conveyances by insolvent

 

 

Conveyances by persons in business

 

 

 

 

Conveyances by person about to incur debts

 

 

 

Conveyance made with intent to defraud

 

 

Conveyance of partnership property


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ê1931 Statutes of Nevada, Page 394 (CHAPTER 217, AB 141)ê

 

 

 

 

 

 

 

Rights of creditors whose claims have matured

 

 

 

 

 

 

 

 

 

Rights of creditors whose claims have not matured

 

 

 

 

 

Cases not provided for in act

 

 

Construction of act

 

 

Short title

 

Repeal

 

In effect

rendered insolvent, is fraudulent as to partnership creditors, if the conveyance is made or obligation is incurred,

      (a) To a partner, whether with or without a promise by him to pay partnership debts, or

      (b) To a person not a partner without fair consideration to the partnership as distinguished from consideration to the individual partners.

      Sec. 9.  Rights of Creditors Whose Claims Have Matured.  (1) Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase, or one who has derived title, immediately or mediately from such a purchaser,

      (a) Have the conveyance set aside or obligation annulled to the extent necessary to satisfy his claim, or

      (b) Disregard the conveyance and attach or levy execution upon the property conveyed.

      (2) A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment.

      Sec. 10.  Rights of Creditors Whose Claims Have Not Matured.  Where a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured he may proceed in a court of competent jurisdiction against any person against whom he could have proceeded had his claim matured, and the court may,

      (a) Restrain the defendant from disposing of his property,

      (b) Appoint a receiver to take charge of the property,

      (c) Set aside the conveyance or annul the obligation, or

      (d) Make any order which the circumstances of the case may require.

      Sec. 11.  Cases Not Provided for in Act.  In any case not provided for in this act the rules of law and equity including the law merchant, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy or other invalidating cause shall govern.

      Sec. 12.  Construction of Act.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 13.  Short Title.  This act may be cited as the uniform fraudulent conveyance act.

      Sec. 14.  Repeal.  All acts or parts of acts inconsistent with this act are hereby repealed.

      Sec. 15.  Time of Taking Effect.  This act shall take effect July 1, 1931.

 

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ê1931 Statutes of Nevada, Page 395ê

CHAPTER 218, SB 77

[Senate Bill No. 77–Senator Heidtman]

 

Chap. 218–An Act to regulate the occupations and practices of hairdressers and cosmeticians, cosmetologists, and the branches of cosmetology; to create the state board of cosmetology, and to provide for the issuance by said board of certificates of registration and licenses entitling the holders thereof to engage in and to teach such occupations and practices; to insure the better education of hairdressers and cosmeticians; to provide for rules regulating the proper conduct and sanitation of cosmetological establishments, schools of cosmetology, and places where the occupations of hairdressers and cosmeticians are practiced; prescribing penalties for the violation of the provisions of this act.

 

[Approved March 27, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  This act shall be known as the “Act Concerning Cosmetology.”

      Sec. 2.  (a) Wherever in this act the word “board” is used, it shall be construed to mean the state board of cosmetology.

      (b) The word “cosmetology,” as used in this act, is defined as the following practices, namely: Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring, or similar work, the hair of any person with the hands or with mechanical or electrical apparatus or appliances, or by any means; massaging, cleansing or stimulating the scalp, face, neck, arms, bust, or upper part of the human body, by the use of cosmetic preparations, antiseptics, tonics, lotions or creams; cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams, beautifying the face, neck, arms, bust, or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams; removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, or by the use of tweezers, and manicuring the nails of any person; and said word “cosmetology” shall be construed to include any branch or any combination of branches of the occupation of a hairdresser and cosmetician, and any branch or any combination of branches of the occupation of a cosmetician, or cosmetologist, or beauty culturist, which are now or may hereafter be practiced.

      (c) The words “hairdresser and cosmetician” are defined as any person who, for compensation, engages in the practice of cosmetology, or in more than a majority of the branches thereof, except the branches of electrolysis and manicuring.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act

Words and phrases defined


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

ê1931 Statutes of Nevada, Page 396 (CHAPTER 218, SB 77)ê

 

Words and phrases defined

 

 

 

 

 

 

 

 

 

 

License to practice

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

Act not to apply in certain cases

Board of cosmetology created

thereof, except the branches of electrolysis and manicuring.

      (d) The word “electrologist” is defined as any person who, for compensation, engages in the occupation of removing superfluous hair from the body of any person by the use of the electric needle only; and the word “manicurist” is defined as any person who, for compensation, engages only in the occupation of manicuring the nails of any person.

      (e) The term “cosmetological establishment” is defined as any premises, building, or part of a building, whereon or wherein any branch or any combination of branches of cosmetology, or the occupations of a hairdresser and cosmetician, are practiced.

      (f) The words “junior operator” are defined as any person who is engaged in learning or acquiring a knowledge of the occupations of a hairdresser and cosmetician in a hairdressing or cosmetological establishment.

      Sec. 3.  On and after the first day of July, 1931, every person, firm or corporation who shall conduct or operate a cosmetological establishment, school of cosmetology, hairdressing shop, beauty parlor, or any other place or business in which any one or any combination of the occupations of a hairdresser and cosmetician are taught or practiced, and every person who shall engage in, or attempt to engage in, the practice of cosmetology, or any branch or branches thereof, without a license therefor, issued as herein provided by the state board of cosmetology, shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment for a term of not less than fifty days or not more than one hundred and eighty days, or by both such fine and imprisonment; provided, however, that nothing in this act shall be construed to prohibit any junior operator from engaging in any one or any combination of the occupations of a hairdresser and cosmetician, under the immediate supervision of a licensed hairdresser and cosmetician; nor to prohibit any student in any school of cosmetology, legally established under the provisions of this act, from engaging, in said school and as such student, in work connected with any branch or any combination of branches of cosmetology taught in said school; provided further, that the provisions of this section shall not apply to any town or city with a population of two thousand or less.

      Sec. 4.  There is hereby created the state board of cosmetology, to consist of three members. Within thirty days after this act becomes effective, the governor shall appoint, as members of said board, persons who are at least twenty-five years of age, who shall have been citizens of this state for at least three years immediately prior to their appointment, and who are not ineligible as in this section.

      No person shall be eligible to appointment as one of the first three members constituting said board (a) who has not been engaged in actual practice, as a hairdresser and cosmetician, for at least six months; (b) who is connected, directly or indirectly, with any school of cosmetology.


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ê1931 Statutes of Nevada, Page 397 (CHAPTER 218, SB 77)ê

 

first three members constituting said board (a) who has not been engaged in actual practice, as a hairdresser and cosmetician, for at least six months; (b) who is connected, directly or indirectly, with any school of cosmetology.

      In the matter of the appointment of succeeding members of the board, no person shall be eligible to appointment as a member (a) who is not registered as a hairdresser and cosmetician under the provisions of this act; (b) who is connected, directly or indirectly, with any school of cosmetology, or was so connected while previously serving as a member of said board; (c) who is not, at the time of appointment, either actually engaged in conducting a cosmetological establishment, or actually engaged in the practice of a branch of cosmetology.

      The personnel of the board shall, at all times, be so constituted that two graduates of the same school of cosmetology shall not be members at the same time.

      The terms of office of the members of the board first appointed shall be as follows: One of the members shall serve for two years, one for three years, and one for four years; upon the expiration of such terms, respectively, the succeeding members shall be appointed for the term of four years. In case of vacancy occurring in the board, the governor shall fill the same by appointing a member to serve for the remainder of such term only. Before entering upon the discharge of their duties each member shall make, and file with the secretary of state, the constitutional oath of office.

      The members of the board shall receive ten dollars per diem for every meeting of the board which they attend. All such compensation shall be paid by the board out of the funds received by it, and no part thereof shall be paid by the state.

      The members of the board shall, annually, elect from among their number a president, and also a treasurer; and shall, annually, appoint a secretary, who shall not be a member of the board. The compensation of the secretary shall be fixed by the board, and shall be paid out of the funds received by it, and no part of such compensation shall be paid by the state. The treasurer, before entering upon the discharge of his or her duties, shall file with the secretary of state a good and sufficient bond in the penal sum of two thousand dollars, payable to the State of Nevada, to insure the faithful performance of his or her duties; and the premium for such bond shall be paid out of the funds received by the board.

      The board shall prescribe the duties of its officers and employees, fix the compensation of such employees, and establish an office at such place in the state as the members of the board may determine, at which office all records and files of the board shall be kept; which records and files shall, at all reasonable hours, be open to public inspection.

Qualifications of member

 

 

 

 

 

 

 

 

Personnel of board

 

Terms of office

 

 

 

 

 

 

Salary of board members

 

Organization of board

 

 

 

 

 

 

 

 

Powers and duties of board


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ê1931 Statutes of Nevada, Page 398 (CHAPTER 218, SB 77)ê

 

Powers and duties of board

files of the board shall be kept; which records and files shall, at all reasonable hours, be open to public inspection. The board shall also adopt a seal.

      The board is authorized to employ, whenever in its judgment it is deemed necessary, inspectors and clerks, and secure legal services; provided, however, that the compensation of such inspectors and clerks and all reasonable expenses incurred by the board shall be paid out of funds received by the board, and no part of such compensation or expenses shall be paid by the state.

      It shall be the duty of the board to adopt reasonable rules for carrying out the provisions of this act, for conducting examinations of applicants for registration, and for governing the recognition of, and the credits to be given to, the study of cosmetology, or any branch thereof, under a hairdresser and cosmetician, or in a school of cosmetology licensed under the laws of another state or territory of the United States, or the District of Columbia, and to adopt such sanitary rules as it may deem necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious disease in cosmetological establishments, or schools of cosmetology, or in the practice of a hairdresser and cosmetician; but no sanitary rule thus adopted shall have any force or effect unless and until the same has been approved by the state board of health. A copy of all sanitary rules thus adopted and approved shall be furnished to each person, firm or corporation to whom a certificate of registration and license is issued for the conduct of a cosmetological establishment, school of cosmetology, or for the practice of the occupations of a hairdresser and cosmetician.

      It shall be the duty of the board to hold examinations, as to their qualifications, of all applicants for registration (except as herein otherwise provided), whose applications have been submitted to it in proper form; to issue certificates of registration and licenses to such applicants as may be entitled thereto; to register cosmetological establishments, and schools of cosmetology; to report to the proper prosecuting officer all violations of this act coming within its knowledge; to make a written report, annually, to the governor concerning the condition, in this state, of cosmetology and the branches thereof; which report shall also contain a brief reference to the proceedings had by or before the board in carrying out the provisions of this act, for the year last past, and statement of all moneys received and expended by the board during such year.

      The board shall keep a record of registration, containing the names and known places of business, and the date and number of certificate of registration of every registered hairdresser and cosmetician, and those engaged in the practice of any branch of cosmetology, together with the names and addresses of all cosmetological establishments and schools of cosmetology registered under this act; which record shall also contain a specification of such facts as applicants for registration may claim, in their applications, to justify their registration.


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ê1931 Statutes of Nevada, Page 399 (CHAPTER 218, SB 77)ê

 

of any branch of cosmetology, together with the names and addresses of all cosmetological establishments and schools of cosmetology registered under this act; which record shall also contain a specification of such facts as applicants for registration may claim, in their applications, to justify their registration.

      The board shall also keep a record of its proceedings, and it shall do all other things necessary to carry out the provisions of this act.

      Sec. 5.  The board shall hold meetings for the examination of applicants for registration and for the transaction of such other business as shall pertain to its duties at least twice a year, one of which meetings shall be held in the city of Reno; and the board may hold such other meetings for the examination of applicants for registration, or for the transaction of necessary business as, in its judgment, may be required, at such times and places as it may determine.

      Sec. 6.  On and after the first day of July, 1931, the board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board duly held for the purpose of conducting examinations, any person who shall have made application to the board in proper form, and paid the required fee as provided in this act, and who shall be qualified as follows: (a) who is not less than sixteen years of age; (b) who is of good moral character and temperate habits; (c) and who has been a bona fide resident of Nevada for six months.

      On and after the first day of July, 1931, applicants for admission to examination as an electrologist who shall have made application to the board, in proper form, who has been a resident of Nevada at least six months, and paid the required fee as provided in this act, and who are not less than eighteen years of age, and are of a good moral character and temperate habits, and who shall have had a minimum training of two hundred fifty hours under the immediate supervision of an approved electrologist in an approved school in which such practice is taught, or who shall have studied such practice for at least two hundred fifty hours, extending over a period of five consecutive months, under an electrologist licensed under this act, or a hairdresser and cosmetician, so licensed, shall be admitted to examination for the practice of the occupation of electrologist.

      On and after the first day of July, 1931, applicants for admission to examination as a manicurist, who shall have made application to the board, in proper form, been a resident of the state for six months, and paid the required fee, as provided in this act, and who are not less than sixteen years of age, and are of good moral character and temperate habits shall be admitted to examination for the practice of the occupation of manicurist.

 

 

 

 

 

 

Board to hold examinations

 

 

 

 

Application for certificate as hairdresser and cosmetician

 

 

 

 

Electrologist

 

 

 

 

 

 

 

 

 

 

Manicurist


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

ê1931 Statutes of Nevada, Page 400 (CHAPTER 218, SB 77)ê

 

 

 

Permanent waving

 

 

 

 

 

Application to be in writing

 

 

 

 

Examinations to include practical demonstrations and written or oral tests

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate issued on passing examination

habits shall be admitted to examination for the practice of the occupation of manicurist.

      On and after the first day of July, 1931, applicants for admission to examination in permanent waving who shall have made application to the board in proper form, been a resident of the State of Nevada at least six months, and paid the required fee as provided in this act, and who are not less than sixteen years of age, and are of good moral character and temperate habits, shall be admitted to examination for the practice of permanent waving.

      Sec. 7.  Every application for admission to examination, and every application for registration as a hairdresser and cosmetician, or in any branch of cosmetology, shall be in writing, on blanks prepared and furnished by the board. Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination, or for registration, as provided herein, and shall be verified by the oath of the applicant.

      Sec. 8.  All examinations of applicants shall include both practical demonstrations and written or oral tests (except where otherwise provided in this act); shall not be confined to any special system or method; shall be consistent in both practical and technical requirements, and of sufficient thoroughness to satisfy the board as to the applicant’s skill in, and knowledge of, the practice of the occupation or occupations for which a certificate of registration is sought.

      Examinations for certificates of registration as hairdressers and cosmeticians shall include practical demonstrations in shampooing the hair, hairdressing, marcel waving, water waving, hair coloring, manicuring, facial massage, and scalp massage, with the hands; written or oral tests in antisepsis, sterilization, sanitation, and the use of mechanical apparatus and electricity as applicable to the practice of the occupations of a hairdresser and cosmetician, and may include such other demonstrations and tests as the board, in its discretion, may require.

      Examinations for certificates of registration for the practice of permanent waving shall be by practical demonstration and written or oral tests.

      The scope of examinations in any other branch of cosmetology shall be such as the board, in its discretion, may require.

      Sec. 9.  Every applicant who shall pass a satisfactory examination, conducted by the board to determine his or her fitness in the practice of the occupations of a hairdresser and cosmetician shall receive from the board a certificate of registration as a hairdresser and cosmetician, which certificate shall entitle the holder thereof, without additional cost, to a license to engage in the practice of the occupations of a hairdresser and cosmetician up to and including the thirtieth day of September following the date of issue.


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ê1931 Statutes of Nevada, Page 401 (CHAPTER 218, SB 77)ê

 

hairdresser and cosmetician up to and including the thirtieth day of September following the date of issue.

      Every applicant for registration to engage in the practice of permanent waving, or as an electrologist, or manicurist, who shall pass a satisfactory examination conducted by the board to determine his or her fitness in the practice of permanent waving, or electrolysis, or manicuring, shall receive from the board a certificate of registration and license to engage in the practice of permanent waving, or as an electrologist, or manicurist, as the case may be, in like manner and for a like period.

      Every certificate of registration, and every license issued by the board shall specify the occupation or occupations which said certificate and license entitle the holder thereof to practice.

      Sec. 10.  Every certificate of registration, and every license issued by the board shall be signed by the president, and attested by the secretary thereof, with the seal of the board attached; and every such certificate shall be prima facie evidence of the right of the holder thereof to a license as a registered hairdresser and cosmetician, electrologist, or manicurist, or to engage in the practice of permanent waving, as the case may be.

      Sec. 11.  All residents of this state who, at the time of the approval of this act, are engaged in actual practice as operators, and, as such, are owners or managers of cosmetological establishments; and all residents of this state who, for six months prior to the first day of July, 1931, have been in the actual and continuous practice of all of the required occupations of a hairdresser and cosmetician, as outlined in section 8 hereof, in established places of business, shall, upon application to the board as provided in this act, before the first day of July, 1931, and upon payment by each applicant of a fee of five dollars, be granted, without examination, certificates of registration and licenses to conduct cosmetological establishments, or to practice the occupations of a hairdresser and cosmetician, or one or more of the branches of cosmetology, as the case may be.

      All residents of this state, who at the time of the approval of this act, have had actual practice in permanent waving for six months in established places of business, and who, at the time of the approval of this act shall, upon application to the board as provided in this act, before the first day of July, 1931, and upon payment by each applicant of a fee of five dollars, be granted, without examination, certificates of registration and licenses to practice the occupation of permanent waving.

      All residents of this state who, at the time of the approval of this act, have had actual practice as electrologists for six months, shall, upon application to the board as provided in this act, before the first day of July, 1931, and upon payment by each applicant of a fee of five dollars, be granted, without examination, certificates of registration and licenses to practice the occupation of an electrologist.

 

 

Certificate must specify occupation

 

 

 

 

 

 

 

Certificate entitles holder to license to practice

 

 

 

Certificate without examination, when

 

 

 

 

 

 

 

 

 

Idem


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

ê1931 Statutes of Nevada, Page 402 (CHAPTER 218, SB 77)ê

 

Idem

 

 

 

Idem

 

 

 

 

Credits to be granted students

 

 

 

License to practice in another state may be accepted

 

 

 

 

 

 

 

 

 

 

Certain practices barred

months, shall, upon application to the board as provided in this act, before the first day of July, 1931, and upon payment by each applicant of a fee of five dollars, be granted, without examination, certificates of registration and licenses to practice the occupation of an electrologist.

      All residents of this sate who, at the time of the approval of this act, have had actual practice as manicurists for three months, shall, upon application to the board, as provided in this act, before the first day of July, 1931, and, upon payment by each applicant of a fee of five dollars, be granted, without examination, certificates of registration and licenses to practice the occupation of a manicurist.

      Subject to the rules provided for in section 4 hereof respecting the study of cosmetology or any branch thereof, all persons who, prior to or at the time of the approval of this act, were studying any one or more of the occupations of a hairdresser and cosmetician, may, upon their examination, be granted such credits as the board may deem reasonable.

      Sec. 12.  Upon application to the board in due form, as provided in section 7 hereof, accompanied by the required fee, a person registered as a hairdresser and cosmetician, or in any branch of cosmetology, under the laws of another state or territory of the United States, or the District of Columbia, may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which such person was so previously registered, upon the following conditions: That the applicant is not less than sixteen years of age, a resident of the state for at least three months, of good moral character and temperate habits, and that the requirements for registration or licensing of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology, in the particular state, territory, or in the District of Columbia, were, at the date of such previous registration or licensing, substantially equal to the requirements therefor then in force in this state.

      Sec. 12a.  Nothing in this act shall authorize the use of any X-ray machine in the treating of the scalp or in the removal of superfluous hair, or permit the local application of carbolic acid (phenol) in a solution or mixture of more than ten per cent, or corrosive sublimate (mercury) or its preparation or derivatives or compounds in a stronger solution or preparation than one to five hundred. Violations of the provisions of this section shall constitute a misdemeanor, punishable as provided in section 3 hereof.

      Sec. 13.  Each applicant for examination for determining his or her fitness to receive a certificate of registration as a hairdresser and cosmetician, shall pay to the board a fee of ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.


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

ê1931 Statutes of Nevada, Page 403 (CHAPTER 218, SB 77)ê

 

hairdresser and cosmetician, shall pay to the board a fee of ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.

      The fee for examination in permanent waving shall be seven and one-half dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.

      The fee for examination as an electrologist shall be ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of seven dollars and a half.

      The fee for examination as a manicurist shall be two and one-half dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of two dollars.

      Each applicant referred to in this section shall, in addition to the fees herein specified, pay to the board the reasonable value of all supplies necessary to be used in the examination or examinations herein provided for.

      Sec. 14.  Every licensed hairdresser and cosmetician, every licensed electrologist, every licensed manicurist, and every person licensed to practice in permanent waving, who continues in actual practice, shall, annually, on the first day of July, have his or her license renewed by the board, upon payment of the required renewal fee. Applications for renewal of licenses may be made to the board at any time during the month of September.

      The annual renewal fee for each license shall be one dollar; and every license which has not been renewed on the first day of July in each year shall expire on said last-mentioned date.

      A registered hairdresser and cosmetician, electrologist, manicurist, or permanent waver whose license has expired, may have the same renewed only upon payment of the renewal fee provided for in this section. Any registered hairdresser and cosmetician, electrologist, manicurist, or permanent waver, who retires from practice for more than one year may have his or her license restored only upon payment of all lapsed renewal fees; provided, however, that no hairdresser and cosmetician, electrologist, manicurist, or permanent waver who has retired from practice for more than three years may have his or her license restored without examination, unless the board, in its discretion, sees fit to dispense with such examination.

      Sec. 15.  Nothing in this act shall be construed to prohibit service contemplated by this act in cases of emergency or domestic administration, without compensation; and the following persons shall be exempt from the provisions hereof, namely: (a) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, osteopathy, chiropractic, naturopathy or chiropody; (b) commissioned surgical and medical officers of the United States army, navy, or marine hospital service when engaged in the actual performance of their official duties, and attendants attached to same; (c) barbers, in so far as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices, namely: Arranging, dressing, curling and waving, cleansing or singeing the hair of any person; or in massaging, cleansing, stimulating, exercising, or similar work, the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

Fee for examination

 

 

 

 

 

 

 

 

 

 

 

Additional expenses

 

 

License must be renewed annually

 

 

 

 

 

 

 

 

 

 

 

 

Proviso


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

ê1931 Statutes of Nevada, Page 404 (CHAPTER 218, SB 77)ê

 

Certain persons excepted from provisions of act

 

 

 

 

 

 

 

 

Cosmetological establishments must procure license

 

 

 

 

 

 

 

 

 

 

 

 

Fees for license

 

 

Rules for operating cosmetological establishments

namely: (a) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, osteopathy, chiropractic, naturopathy or chiropody; (b) commissioned surgical and medical officers of the United States army, navy, or marine hospital service when engaged in the actual performance of their official duties, and attendants attached to same; (c) barbers, in so far as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices, namely: Arranging, dressing, curling and waving, cleansing or singeing the hair of any person; or in massaging, cleansing, stimulating, exercising, or similar work, the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

      Sec. 16.  Before the first day of July, 1931, and annually thereafter during the month of June, every person, firm or corporation conducting or operating a cosmetological establishment, at the time of the approval of this act, in compliance with the provisions thereof, in which any one, or any combination, of the occupations of a hairdresser and cosmetician are practiced; and every person, firm, or corporation conducting or operating a school of cosmetology, at the time of the approval of this act, in compliance with the provisions thereof, in which any one or any combination of the occupations of a hairdresser and cosmetician are taught, shall apply to the board for registration and license, through the owner, manager, or person in charge, in writing, upon blanks prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this act and shall be verified by the oath of the maker.

      Upon receipt by the board of the application accompanied by the required fee, the board shall issue to the person, firm or corporation so applying the required certificate of registration and license.

      The annual registration fee for a school of cosmetology shall be one hundred twenty-five dollars;

      The annual registration fee for a cosmetological establishment shall be one dollar.

      Sec. 17.  Cosmetological establishments other than those referred to in section 16 hereof may be operated as follows: Any person, firm or corporation desiring to operate a cosmetological establishment shall make application to the board for a certificate of registration and license so to do, said application to be accompanied by the annual registration fee of one dollar. Said cosmetological establishment shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician.

      Schools of cosmetology, other than those referred to in section 16 hereof, may be conducted as follows: Any person, firm or corporation desiring to conduct a school of cosmetology, shall make application to the board for a certificate of registration and license so to do, said application to be accompanied by the annual registration fee of one hundred twenty-five dollars.


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

ê1931 Statutes of Nevada, Page 405 (CHAPTER 218, SB 77)ê

 

section 16 hereof, may be conducted as follows: Any person, firm or corporation desiring to conduct a school of cosmetology, shall make application to the board for a certificate of registration and license so to do, said application to be accompanied by the annual registration fee of one hundred twenty-five dollars. Said school shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician who has had practical experience in the practice of a majority of the branches of cosmetology in an established place of business, and shall fulfill the following requirements: (a) it shall maintain a school term of not less than two hundred hours and shall maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician, as set forth in section 8 hereof; (b) it shall possess apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum; (c) it shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians, and other instructors competent to impart instruction in all subjects of its curriculum; (d) it shall keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.

      Every cosmetological establishment exacting a fee for the teaching of any branch of cosmetology (the teaching of junior operators in any branch or branches of cosmetology being excepted) shall be classed as a school of cosmetology within the meaning of this section, and shall be required to comply with all of its provisions.

      Sec. 18.  Every holder of a license issued by the board to operate a school of cosmetology, or cosmetological establishment, or to practice the occupations of a hairdresser and cosmetician, or any branch of cosmetology, shall display said license in a conspicuous place in the principal office, place of business, or place of employment of said holder.

      Every registered hairdresser and cosmetician, or electrologist, or manicurist, or permanent waver shall, within thirty days after changing his or her place of business, as designated on the books of the board, notify the secretary thereof of his or her new place of business, and, upon receipt of said notification, the secretary shall make the necessary change in the register.

      Sec. 19.  The board shall not issue, or having issued, shall not renew, or may revoke, or suspend at any time any license as required by the provisions of section 3 hereof in any one of the following cases: (a) Failure of a person, firm or corporation operating a cosmetological establishment to comply with the requirements of this act; (b) failure to comply with the santiary rules, adopted by the board and approved by the state board of health, for the regulation of cosmetological establishments, schools of cosmetology, or the practice of the occupations of a hairdresser and cosmetician;

Schools of cosmetology

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School defined

 

 

 

License must be displayed

 

 

 

 

 

 

 

 

Board may suspend or revoke license, when


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

ê1931 Statutes of Nevada, Page 406 (CHAPTER 218, SB 77)ê

 

Board may suspend or revoke license, when

 

 

 

 

 

 

 

 

 

 

Notice must be given

 

 

 

 

 

 

 

 

 

Suspended licensee may appeal to court

 

 

 

 

 

 

Hearings, how held

the santiary rules, adopted by the board and approved by the state board of health, for the regulation of cosmetological establishments, schools of cosmetology, or the practice of the occupations of a hairdresser and cosmetician; (c) obtaining practice in cosmetology, or any branch thereof, or money, or any other thing of value, by fraudulent misrepresentation; (d) gross malpractice; (e) continued practice by a person knowingly having an infectious or contagious disease; (f) habitual drunkenness, or habitual addiction to the use of morphine or any habit-forming drug; (g) advertisement by means of knowingly false or deceptive statements; (h) permitting a certificate of registration or license to be used where the holder thereof is not personally, actively and continuously engaged in business; (i) failure to display the license, as provided in section 18 of this act; (j) or for any other unfair or unjust practice, method or dealing which in the judgment of the board may justify such action; provided, however, that the said board shall not refuse to issue or renew any license as required by the provisions of section 3 hereof, or revoke or suspend any such license already issued, except upon twenty days’ notice in writing to the interested parties, which notice shall contain a brief statement of the reasons for the contemplated action of the board and designate a proper time and place for the hearing of all interested parties before any final action is taken as hereinabove provided; provided, however, that due notice within the provisions of this section shall be deemed to have been given when the board shall have placed in a United States post office a copy of the notice as hereinabove provided, addressed to the designated or last known residence of the person applying for such license or to whom such license has already been issued; provided, further, that any such person, firm or corporation whose license to do business as herein provided is revoked or suspended, or who is refused a license, or any renewal of a license already issued, or any such practitioner whose license is revoked or suspended or who is refused a license, or a renewal of a license already issued may commence an action in a court of competent jurisdiction against the state board of cosmetology for the purpose of canceling or obtaining other relief from the act of the said board. All the provisions of the civil practice act of the State of Nevada relating to pleadings, proofs, trials and appeals shall be applicable to such action.

      Sec. 20.  Any investigation, inquiry, hearing, or proceeding, which the board is empowered to hold or undertake, may be held or undertaken by or before one or more members of the board, and the finding or order of such member or members shall be deemed to be the finding or order of the board when approved or confirmed by it; provided, however, that no such investigation, inquiry, hearing, or proceeding, shall be held or undertaken by one member, only, of the board, or by members of the board less than the entire number thereof, without the previous authorization of the board, in writing, so to do.


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

ê1931 Statutes of Nevada, Page 407 (CHAPTER 218, SB 77)ê

 

no such investigation, inquiry, hearing, or proceeding, shall be held or undertaken by one member, only, of the board, or by members of the board less than the entire number thereof, without the previous authorization of the board, in writing, so to do.

      Sec. 21.  All fees collected on behalf of the board of cosmetology, and all receipts of every kind and nature, shall be reported at the beginning of each month, for the month preceding, to the state controller, and at the same time the entire amount of such collections shall be paid into the state treasury, and shall be credited to a fund to be known as the board of cosmetology’s contingent fund, which fund is hereby created. Such contingent fund shall be for the uses of the board of cosmetology and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this act. An amount not to exceed one thousand dollars may be drawn from the contingent fund herein created, to be used as a revolving fund where cash advances are necessary; but expenditures from such revolving fund must be substantiated by vouchers and itemized statements at the end of each fiscal year, or at any other time when demand therefor is made by the board of control.

      Sec. 22.  If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

      Sec. 23.  This act shall become effective from and after its passage and approval.

 

 

 

Disposition of fees

 

 

 

 

 

 

 

 

 

 

 

 

Each section to be construed separately

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 408ê

CHAPTER 219, SB 70

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

 

 

 

 

 

 

Corporations must file list of officers and resident agent

[Senate Bill No. 70–Senator Heidtman]

 

Chap. 219–An Act to amend the title and sections 1, 2, 3 and 4 of an act entitled “An act requiring all corporations to file annually with the secretary of state a list of their officers and directors and a designation of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or preexisting laws,” approved March 21, 1925, being, respectively, sections 1804, 1805, 1806 and 1807 Nevada Compiled Laws 1929.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

      An act requiring all corporations to file annually with the secretary of state a list of their officers and directors, a designation of resident agent, and a certificate of acceptance of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or preexisting laws.

      Sec. 2.  Section 1 of the above-entitled act, being section 1804 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 1.  Every corporation organized under the laws of this state, and every foreign corporation doing business in this state shall, on or before the first day of July of each year, file with the secretary of state a list of the officers and directors, a designation of its resident agent in this state, and a certificate of acceptance signed by the resident agent so designated, said list of officers and designations of resident agent to be certified by the president, secretary or other officer of the corporation. Upon filing such list of officers, designation of resident agent, and certificate of acceptance of resident agent, every such corporation shall pay to the secretary of state a fee of five ($5) dollars. The secretary of state shall, thirty days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of this act and which have not theretofore become delinquent, the blank forms to be filed with said secretary of state; provided, however, that failure of any corporation to receive such forms will not excuse such corporation from the penalty imposed by the provisions of the act.


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

ê1931 Statutes of Nevada, Page 409 (CHAPTER 219, SB 70)ê

 

      Sec. 3.  Section 2 of the above-entitled act, being section 1805 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 2.  When this annual fee for filing list of officers and directors, designation of resident agent, and acceptance of resident agent has been paid, the secretary of state shall issue to each corporation paying the same a certificate authorizing it to transact and conduct its business within this state for a period of one year, and until the first day of July of the next succeeding calendar year. Such certificate shall contain the name of the corporation, the amount of the fee paid and penalties, if any, and shall recite the fact that such corporation has filed its list of officers and directors, its designation of resident agent, and a certificate of acceptance of such resident agent.

      Sec. 4.  Section 3 of the above-entitled act, being section 1806 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 3.  Every corporation hereafter organized under the laws of this state, and every foreign corporation hereafter coming into this state, shall, within sixty days after the filing of its articles of incorporation with the secretary of state, file a list of its officers and directors, a designation of its resident agent, and a certificate of acceptance signed by the resident agent so designated, and pay to the secretary of state a fee therefor of five ($5) dollars, and shall make like filing and pay the fee set forth in section 1 of this act annually thereafter.

      Sec. 5.  Section 4 of the above-entitled act, being section 1807 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 4.  Any corporation required to make the filings and pay the fee herein provided, which shall refuse or neglect to do so within the time herein provided, shall be deemed in default and for such default there shall be added to the amount of the fee a penalty of $2.50, and unless such filings shall be made and such fee and penalty shall be paid on or before the first Monday in August following, the defaulting corporation shall, by reason of such default, forfeit to the State of Nevada the amount of the tax and penalty aforesaid, and shall likewise forfeit its right to transact any business within this state, and the fee and penalty shall be collected as hereinafter provided.

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

 

 

Secretary of state to issue certificate

 

 

 

 

 

 

 

 

 

Act to apply to new corporations

 

 

 

 

 

 

 

Penalty for neglect to pay fee

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 410ê

CHAPTER 220, Senate Substitute for Assembly Bill No. 177

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State quarantine officer to enforce act

 

Appropriation for enforcement of act

[Senate Substitute for Assembly Bill No. 177–Committee on Ways and Means]

 

Chap. 220–An Act to amend section 6 of an act entitled “An act to promote the development of the egg industry in this state, to prohibit the sale of eggs unfit for human food, to prevent deception in the sale of eggs, to protect the consuming public in the matter of quality and weight, and to encourage greater consumption of eggs by regulating and standardizing the grading, classification and labeling of all eggs displayed for sale; providing for the enforcement of this act; providing penalties for the violation of the provisions of this act, and repealing all acts and parts of acts in conflict with this act,” approved March 28, 1927, being section 5165 Nevada Compiled Laws 1929, and making an appropriation to carry out the provisions of said act.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being section 5165 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 6.  It shall be the duty of the state quarantine officer to enforce the provisions of this act, to make and fix grades and standards for eggs, and to make such rules and regulations as may be necessary for the enforcement of this act.

      Sec. 2.  For the purpose of supporting and carrying out the provisions of the above-entitled act and paying for the enforcement thereof since the first day of January, 1931, to the first day of July, 1931, and from the first day of July, 1931, to the first day of July, 1933, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of $2,900, to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved by the state quarantine officer and the state board of examiners.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 411ê

CHAPTER 221, AB 15

[Assembly Bill No. 15–Mr. Hussman]

 

Chap. 221–An Act providing for the manufacture of metal automobile license plates and road signs for the use of the State of Nevada, or other states, designating the warden of the Nevada state prison to carry out the provisions of this act, providing an appropriation therefor, and other matters relating thereto.

 

[Approved March 30, 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 the duty of the warden of the Nevada state prison, under the supervision and direction of the board of prison commissioners, to purchase, or cause to be purchased, such machinery, supplies, and equipment as may be necessary to manufacture the necessary automobile license plates and road signs to be used by and for the State of Nevada, or other states, and to install the same in some suitable place or building at the Nevada state prison for the manufacture and production of said plates and signs. Said plates and signs shall be manufactured in such quantities and dimensions as may be necessary for the needs of the State of Nevada, or other states, and said warden shall deliver said plates and signs to the proper departments of the State of Nevada to be used in accordance with the laws of this state.

      Sec. 2.  For the purpose of carrying into effect the provisions of section 1 of this act there is hereby appropriated out of the motor vehicle license fund the sum of $17,000.

      Sec. 3.  The said warden shall file all vouchers for expenditures in carrying out the provisions of this act with the state board of examiners who shall approve the same, and the state controller is hereby authorized and directed to draw his warrant on the state treasurer for such sums, and the state treasurer shall pay the same.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Warden to purchase machinery and supplies

 

 

 

 

 

 

 

 

 

Appropriation $17,000

 

 

Board of examiners to approve all claims

 

 

Repeal

 

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 412ê

CHAPTER 222, SB 115

 

 

 

 

 

 

 

 

 

 

Disposition of certain papers and records in divorce proceeding

 

 

 

 

Either party may demand bill of particulars

 

 

 

 

 

 

Trial of action may be private

 

 

In effect

[Senate Bill No. 115–Senator Heidtman]

 

Chap. 222–An Act to provide and regulate procedure in certain matters relating to actions for divorce.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  In any action for divorce, the papers and pleadings which constitute or will make up the judgment roll in the action shall be open to public inspection in the clerk’s office. All other papers, records, proceedings and evidence, including exhibits and transcript of the testimony shall, upon the written request of either party to the action, filed with the clerk, be sealed and shall not be open to inspection except to the parties or their attorneys, or when required as evidence in another action or proceeding.

      Sec. 2.  In actions for divorce the complaint of the plaintiff or the cross-complaint or counterclaim of the defendant may state the cause or causes for divorce upon which the party or parties rely, in the words of the statute, but in such case either party, after appearance of the defendant and upon five (5) days’ written demand therefor, shall have a bill of particulars stating in detail the facts, dates, times and occasions upon which the plaintiff or the defendant relies for cause of action, and either party may, upon motion, be required to furnish in writing a further bill of particulars upon good cause shown. Such bill or bills of particulars need not be filed, but if filed may be withdrawn upon the written consent of the parties.

      Sec. 3.  In any action for divorce the court shall, upon demand of either party, direct that the trial and issue or issues of fact joined therein be private, and upon such direction all persons shall be excluded from the court or chambers wherein said action is tried, except the officers of the court, the parties, and their witnesses and counsel.

      Sec. 4.  This act is deemed an emergency measure and shall be in effect upon its passage and approval.

 

________

 

 


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ê1931 Statutes of Nevada, Page 413ê

CHAPTER 223, SB 83

[Senate Bill No. 83–Committee on Irrigation]

 

Chap. 223–An Act to amend 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 by Statutes 1915.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 36 of the above-entitled act, the same being section 7923 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 36.  (a) For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon, under oath, subject to examination by any party in interest as to his competency, to give expert testimony thereon. The court may, if necessary, refer the case or any part thereof for such further evidence to be taken by the state engineer as it may direct, and may require a further determination by him, subject to the court’s instructions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expert witnesses may be called by court


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ê1931 Statutes of Nevada, Page 414 (CHAPTER 223, SB 83)ê

 

 

 

 

 

Costs, how assessed

 

 

 

 

 

 

 

 

 

 

Tax to be levied against property

 

 

 

 

 

 

Retiring judge may make findings; compensation for services

if necessary, refer the case or any part thereof for such further evidence to be taken by the state engineer as it may direct, and may require a further determination by him, subject to the court’s instructions. After the hearing the court shall enter a decree affirming or modifying the order of the state engineer. Upon the hearing the court may assess and adjudge against any party such costs as it may deem just and equitable, or may assess the costs in proportion to the amount of water right allotted. When such costs are assessed and allotted in a final judgment upon the signing, filing and entry of findings of fact and conclusions of law and such judgment, it shall be the duty of the state engineer, within sixty days after such filing and entry as above described, to certify to the county commissioners of the respective counties wherein said stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which said costs shall have been assessed by the court, and the charges against each water user in accordance with the court’s said judgment and allocation of costs. Upon receipt of such certificate from the state engineer by the board of county commissioners it shall be their duty to certify the respective charges contained therein to the assessor of the county in which the land or property served is situate, and it shall be the duty of such assessor to enter the amount of such charge or charges on the assessment roll against said claimant’s property or acreage served. It shall be the duty of the proper officer of the county to collect such tax or taxes as other taxes are levied and collected and such charge shall be a lien upon the property so served and shall be collected in the same manner as other taxes are collected; provided, however, such costs shall be collected in equal installments over two fiscal years.

      (b) Whenever a judge about to retire from office and before such retirement, filed a written decision or decisions and caused same to be entered in the minutes of the court in writing and such judge so retiring and causing said written decision to be filed shall thereafter and under the provisions of the act approved February 20, 1931, hold hearings for the settlement of written findings of fact and conclusions of law and judgment and decree appertaining to such written decision so filed, then said judge holding hearings for the settlement of said findings of fact and conclusions of law and settlement of judgment and decree, shall be entitled to $100 per day for each and every day or parts of days actually employed in such hearings as full compensation, together with all necessary costs and expenses incurred by said judge by reason of said hearings; provided further, that the total amount of such compensation and such expenses shall not exceed $1,500.


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

ê1931 Statutes of Nevada, Page 415 (CHAPTER 223, SB 83)ê

 

expenses shall not exceed $1,500. Said compensation and expenses shall be taxed as costs and shall be collected as described in section (a) of this section for the collection of other costs.

      (c) Appeals from such decree may be taken to the supreme court by the state engineer, or any party in interest, in the same manner and with the same effect as in civil cases, except as to the following matters:

      Notice of appeal shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the state engineer as provided in section 35 of this act, and all claimants or water users who have not filed exceptions or objections to said final order of determination or appeared in the cause by an attorney, shall be served with a copy of notice of appeal by the service of a copy thereof on the attorney-general of the State of Nevada.

      (d) Notice of intention to move for a new trial shall be served upon the attorneys of record for claimants who have filed exceptions or objections to the final order of determination of the state engineer as provided in section 35 of this act, and all claimants or water users who have not filed exceptions or objections to said final order of determination or appeared in the cause by an attorney, shall be served with a copy of notice of intention to move for a new trial by the service of a copy thereof on the attorney-general of the State of Nevada.

      (e) All acts or parts of acts in conflict with this section are hereby repealed.

      (f) This act shall be in full force and effect from and after its passage and approval.

 

 

 

Appeals from decree to be taken to supreme court; exceptions

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 224, AB 226

[Assembly Bill No. 226–Mr. Mulcahy]

 

Chap. 224–An Act to amend sections 3, 4, 7, 9, 25, 26, 75, 77 and 83 of an act entitled “An act providing a general corporation law,” approved March 21, 1925, being respectively sections 1602, 1603, 1606, 1608, 1624, 1625, 1674, 1676 and 1682 Nevada Compiled Laws 1929, and adding to said act two new sections to be known as section 4a and section 4b.

 

[Approved March 30, 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 1602 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

 


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ê1931 Statutes of Nevada, Page 416 (CHAPTER 224, AB 226)ê

 

How corporation may be formed

 

 

 

 

 

 

 

 

 

 

 

 

 

What articles of incorporation shall contain

      Section 3.  Any number of persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under the provisions and subject to the requirements of this act, by executing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; and filing a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. Said articles of incorporation, or certificate of incorporation, shall be as provided in section 4 of this act, and it shall be the duty of the secretary of state to require the same to be in the form so prescribed; and if any such articles or certificates shall be defective in such respect, the secretary of state shall return the same for correction.

      Sec. 2.  Section 4 of the above-entitled act, being section 1603 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

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

      1.  The name of the corporation (which name shall end with the word “Incorporated,” “Limited,” “Inc.,” or “Ltd.,” or shall contain one of the following words, used therein as a substantive noun, “Association,” “Company,” “Co.,” “Corporation,” “Corp.,” “Club,” “Society,” “Syndicate,” “Synd.,” “Union”) shall be such as to distinguish it from the name of any other corporation formed or incorporated in this state, or engaged in the same business, or promoting or carrying on the same objects or purposes in this state, or from a name reserved for the use of any other proposed corporation as provided in section 4a of this act.

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

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

      4.  The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value.


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ê1931 Statutes of Nevada, Page 417 (CHAPTER 224, AB 226)ê

 

if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there shall be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price, or otherwise; provided, however, that in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by section 11 of this act.

      5.  Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number, names and post-office address of the first board of directors or trustees, which shall not be less than three (3); together with any desired provisions relative to the right to change the number of directors as provided by section 33 of this act.

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

      7.  The name and post-office address of each of the incorporators signing the certificate or articles of incorporation.

      8.  Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.

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

      Insurance, mutual fire insurance companies, surety companies, express companies and railroad companies may be formed under this act; provided, however, that no corporation formed for the purpose of conducting such business shall transact any such business within the State of Nevada until such corporation has first complied with all laws now in effect or hereafter enacted concerning or affecting the right to engage in such business; and provided further, that such corporation shall not infringe the laws of such other state or county in which it may intend to engage in business, by so incorporating under this act.

What articles of incorporation shall contain


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

ê1931 Statutes of Nevada, Page 418 (CHAPTER 224, AB 226)ê

 

All laws must be complied with

 

 

 

 

 

 

 

 

May reserve right to use of name

 

 

 

 

 

Use of name may be enjoined

 

 

 

 

Certificate or articles may be amended

formed under this act; provided, however, that no corporation formed for the purpose of conducting such business shall transact any such business within the State of Nevada until such corporation has first complied with all laws now in effect or hereafter enacted concerning or affecting the right to engage in such business; and provided further, that such corporation shall not infringe the laws of such other state or county in which it may intend to engage in business, by so incorporating under this act. No trust company, or building and loan association, or corporation organized for the purpose of conducting a banking business shall be organized under this act.

      Sec. 3.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 4a, reading as follows:

      Section 4a.  The secretary of state, when requested so to do, shall reserve, for a period of ten days, the right to use any name available, under section 4, paragraph 1, of this act, for the use of any proposed corporation. A name, so reserved, shall not, during said period, be available for use by any corporation without the consent of the person, or persons, firm or corporation at whose request said reservation was so made.

      Sec. 4.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 4b, reading as follows:

      Section 4b.  The use by any corporation of a name in violation of section 4, paragraph 1, of this act, or section 4a of this act, may be enjoined, notwithstanding the fact that the certificate or articles of incorporation of such corporation may have been filed by the secretary of state.

      Sec. 5.  Section 7 of the above-entitled act, being section 1606 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Any corporation having capital stock may, from time to time, when and as desired, amend its certificate or articles of incorporation in any respect, provided such certificate or articles of incorporation, when so amended, shall contain only such provisions as it would be lawful and proper to insert in an original certificate of incorporation, or articles of incorporation, made at the time of making such amendment. A corporation may by amendment change the number of its shares of stock whether or not the same be outstanding at the time of such amendment, or the number of shares, whether or not the same be so outstanding, in any class of its stock, change the par value of the shares of any class having par value, whether or not the same be outstanding, or change the shares of a class having par value, whether or not the same be outstanding, into the same or a different number of shares without par value, or change the shares of a class having no par value, whether or not the same be outstanding, into the same or a different number of shares having par value, upon such basis as may be set forth in the certificate of amendment; but the capital of a corporation shall not be decreased except in the manner provided in section 25 hereof.


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

ê1931 Statutes of Nevada, Page 419 (CHAPTER 224, AB 226)ê

 

the shares of a class having no par value, whether or not the same be outstanding, into the same or a different number of shares having par value, upon such basis as may be set forth in the certificate of amendment; but the capital of a corporation shall not be decreased except in the manner provided in section 25 hereof.

      Every such amendment shall be made and effected in the manner following, to wit:

      The board of directors of the corporation shall adopt a resolution setting forth the amendment proposed, declaring its advisability and calling a meeting of the stockholders entitled to vote for the consideration thereof. At such meeting, of which notice shall be given in the manner provided in section 27 hereof, a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment. If it shall appear upon the canvassing of the votes that stockholders holding stock in the corporation, entitling them to exercise at least a majority of the voting power (or such larger proportion of the stockholders as may be required in the case of a vote by classes, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, under its corporate seal, and the hands of its president, or vice president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, or setting forth the certificate or articles of incorporation as amended, and the president, or vice president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgment of deeds; and such certificate, so executed and acknowledged, shall be filed in the office of the secretary of state and a copy of such certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein said corporation maintains its principal office. And, upon so filing the same, the certificate or articles of incorporation of such corporation shall be deemed to be amended accordingly; provided, however, if any such proposed amendment would alter or change the amount payable as a preference given to any one or more classes of stock authorized by the certificate or articles of incorporation, or any amendment thereof, then, unless otherwise provided in the certificate or articles of incorporation, the holders of the stock of each class of stock so affected by the amendment shall be entitled to vote as a class upon such amendment, whether, by the terms of the certificate or articles of incorporation, such class shall be entitled to vote or not; and the affirmative vote of holders of the majority of the shares of each such class of stock so affected by the amendment must be included in and in addition to the affirmative vote of the stockholders herein otherwise required; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section.

 

 

 

 

 

How amendment effected


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ê1931 Statutes of Nevada, Page 420 (CHAPTER 224, AB 226)ê

 

How amendment effected

 

 

 

 

 

 

 

 

Powers of corporation

by the amendment must be included in and in addition to the affirmative vote of the stockholders herein otherwise required; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section.

      Sec. 6.  Section 9 of the above-entitled act, being section 1608 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 9.  Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or any amendment thereof, every corporation shall have the following powers:

      1.  To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge, or otherwise, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful objects, to issue, sell and dispose of certificates of investment, or participation certificates, upon such terms and under such conditions as may be prescribed in the certificate or articles of incorporation, or, if no such provision shall be made in the certificate or articles of incorporation, then as hereinafter prescribed in section 10 of this act.

      2.  To guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of or any bonds, securities or evidences of the indebtedness created by any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.

      3.  To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds; provided, that no such corporation shall use its funds or property for the purchase of its own shares of capital stock when such use would cause any impairment of the capital of the corporation, except as provided in section 25 of this act; and provided further, that shares of its own capital stock belonging to the corporation shall not be voted upon, directly or indirectly, nor counted as outstanding, for the purpose of computing any stockholders’ quorum or vote.


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ê1931 Statutes of Nevada, Page 421 (CHAPTER 224, AB 226)ê

 

      4.  To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries.

      5.  To do all and everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not such business is similar in nature to the objects set forth in the certificate or articles of incorporation of such corporation, or any amendment thereof; provided, however, that no corporation created under the provisions of this act shall, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation as money, and nothing in this act shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, or without this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      Sec. 7.  Section 25 of the above-entitled act, being section 1624 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 25.  Any corporation incorporated or reincorporated under this act may from time to time reduce its capital to any amount; provided, that no reduction shall be made unless immediately after the reduction and adjustment of the outstanding shares in the manner hereinafter provided, the capital of the corporation as reduced shall be at least equal to the sum of the aggregate par value of all shares of stock having par value remaining outstanding and the aggregate amount of capital as computed under section 24 of this act, or, if the same shall have been reduced, then the aggregate amount of the capital, as reduced, represented by those shares of stock without par value remaining outstanding.

      An adjustment of the outstanding shares to correspond with the capital as reduced may be effected by retiring or reducing the outstanding shares of stock of any class or classes (1) by the exchanging by the holders of outstanding shares of any class or classes of their shares for a decreased number of shares of the same or a different class, which may include the exchange of shares having par value for shares without par value, or shares without par value for shares with par value; provided, that in the latter case the capital represented by each of the shares without par value so issued shall be determined in the resolutions authorizing such reduction of capital, or (2) by reducing the par value of the shares of any class or classes having par value, or the amount of capital represented by shares having no par value, or (3) by the purchase of shares for retirement, either pro rata from all holders of shares of any class or classes or by the purchase of the required number of shares from time to time in the open market, or at a private sale, in both cases at not exceeding such price or prices as may be fixed in the resolutions authorizing the said reduction of capital, or (4) by retiring shares owned by the corporation.

Powers of corporation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Capital may be reduced

 

 

 

 

 

 

 

 

How adjustment effected


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

ê1931 Statutes of Nevada, Page 422 (CHAPTER 224, AB 226)ê

 

 

 

 

 

 

 

 

 

Retirement of shares having par value

 

 

 

 

 

 

 

 

 

 

Disposition of excess assets

 

 

Certain provisions must be complied with

 

 

 

 

 

 

 

Certain assets to be available

issued shall be determined in the resolutions authorizing such reduction of capital, or (2) by reducing the par value of the shares of any class or classes having par value, or the amount of capital represented by shares having no par value, or (3) by the purchase of shares for retirement, either pro rata from all holders of shares of any class or classes or by the purchase of the required number of shares from time to time in the open market, or at a private sale, in both cases at not exceeding such price or prices as may be fixed in the resolutions authorizing the said reduction of capital, or (4) by retiring shares owned by the corporation.

      If shares having a par value are retired, an amount not exceeding the aggregate par value of such shares, or if the shares be preference stock, the redemption price thereof including dividends necessary to be paid upon redemption, may be charged against or paid out of the capital surplus or other surplus of the corporation in respect of such shares having a par value and, if shares having no par value are retired, an amount not exceeding that part of the capital of the corporation represented by such shares as computed under section 24 of this act, or, if the same shall have been reduced, then an amount not exceeding that part of the aggregate amount of the capital, as reduced, represented by such shares, or if the shares be preference stock, the redemption price thereof including dividends necessary to be paid upon redemption, may be charged against or paid out of the capital surplus or other surplus of the corporation in respect of such shares having no par value.

      If, after the adjustment of the outstanding shares, there will exist an excess of the net assets of the corporation over the amount to which the capital is reduced, such excess may be transferred to surplus and be treated as such for all purposes, or it may immediately be distributed among the stockholders in any lawful manner.

      The reduction shall not be effective nor any distribution shall be made until the proposed method of effecting the reduction and disposition of any such excess shall be authorized and approved in the manner provided by section 7 of this act for the amendment of the certificate of incorporation, and a certificate of such action specifically setting forth the proposed method of effecting the reduction, and in the event that there is to be a distribution to stockholders of any part of the excess created by such reduction the amount so to be distributed, authenticated by the president or vice president and secretary or assistant secretary, shall be filed in the office of the secretary of state.

      No reduction shall be made in the capital of the corporation unless the assets of the corporation remaining after such reduction are sufficient to pay any debts the payment of which shall not have been otherwise provided for, and said certificate of reduction shall so state.


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ê1931 Statutes of Nevada, Page 423 (CHAPTER 224, AB 226)ê

 

said certificate of reduction shall so state. No distribution shall be made to the stockholders of one class in violation of the equal or prior rights of another class as determined by the certificate of incorporation or amendments thereof. No such decrease of capital shall release the liabilities of any stockholder whose shares have not been fully paid.

      Unless otherwise provided in the resolutions authorizing the reduction of capital, or in the certificate of incorporation or amendments thereof, no action taken by any corporation under the provisions of this section shall operate as a reduction of the number of shares of stock which such corporation is authorized to have outstanding, and whenever shares of stock are retired under the provisions of this section, other shares may be issued in lieu thereof; provided, that the maximum number of shares authorized in the certificate of incorporation or amendments thereof shall not be exceeded; and provided further, that the issuance of said shares shall be subject in all respects to the provisions of sections 12 and 13 of this act.

      Sec. 8.  Section 26 of the above-entitled act, being section 1625 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 26.  Dividends may be paid to stockholders from a corporation’s net earnings or from the surplus of its assets over its liabilities, including capital, as computed in accordance with the provisions of sections 24 and 25 of this act, but not otherwise. When the directors shall so determine dividends may be paid in stock. A director shall be fully protected in relying in good faith upon the books of account of the corporation or statements prepared by any of its officials as to the value and amount of the assets, liabilities or net profits of the corporation, or any other facts pertinent to the existence and amount of surplus or other funds from which dividends might properly be declared.

      Sec. 9.  Section 75 of the above-entitled act, being section 1674 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 75.  The directors of a corporation shall not make dividends except as provided in section 26 hereof nor shall they divide, withdraw or in any way pay to the stockholders or any of them any part of the capital of the corporation computed in accordance with sections 24 and 25 of this act, or decrease its capital, computed as aforesaid, except as provided by this act; in case of any willful or negligent violation of the provisions of this section, the directors under whose administration the same may have happened, except those who may have caused their dissent therefrom to be entered upon the minutes of the meeting of the directors at the time, or who not then being present, shall have caused their dissent therefrom to be entered on learning of such action, shall jointly and severally be liable at any time within three years after each such violation, to the corporation, and in the event of its dissolution or insolvency, to its creditors, or any of them, to the full amount of the dividend made or of any loss sustained by the corporation by reason of such withdrawal, divisions or decrease of capital.

 

 

 

 

 

Maximum shares authorized not to be exceeded

 

 

 

 

 

 

 

 

Dividends

 

 

 

 

 

 

 

 

 

 

Directors liable for dividends, when


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ê1931 Statutes of Nevada, Page 424 (CHAPTER 224, AB 226)ê

 

 

 

 

 

 

 

 

Filing fees of secretary of state

of such action, shall jointly and severally be liable at any time within three years after each such violation, to the corporation, and in the event of its dissolution or insolvency, to its creditors, or any of them, to the full amount of the dividend made or of any loss sustained by the corporation by reason of such withdrawal, divisions or decrease of capital.

      Sec. 10.  Section 77 of the above-entitled act, being section 1676 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 77.  In matters relating to corporations organized under this act the following fees and taxes shall be collected by and paid to the secretary of state, for the use of the state:

      The fee for filing an original certificate of incorporation shall be computed on the basis of ten cents for each one thousand dollars of par value of stock authorized up to and including one million dollars, five cents for each one thousand dollars of par value of stock authorized in excess of one million dollars, up to and including ten million dollars, and two cents for each one thousand dollars of par value authorized in excess of ten million dollars; ten cents per thousand shares of authorized capital stock without par value; provided, however, that in no case shall the amount paid be less than twenty-five dollars.

      The fee for filing a certificate of amendment of certificate of incorporation increasing the authorized capital stock of a corporation shall be in an amount equal to the difference between the fee computed at the foregoing rates upon the total authorized capital stock of the corporation, including the proposed increase, and the fee computed at the foregoing rates upon the total authorized capital stock, excluding the proposed increase; provided, however, that in no case shall the amount be less than twenty-five dollars.

      The fee for filing a certificate of consolidation or merger of two or more corporations shall be an amount equal to the difference between the fee computed at the foregoing rates upon the aggregate authorized capital stock of the corporation created by such consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations; provided, however, that in no case shall the amount paid be less than twenty-five dollars.

      The fee for filing an amended certificate of incorporation before payment of capital and not involving an increase of authorized capital stock, or an amendment to the certificate of incorporation not involving an increase of authorized capital stock, or a certificate of reduction of capital, or a certificate of retirement of preferred stock, shall be twenty dollars.


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ê1931 Statutes of Nevada, Page 425 (CHAPTER 224, AB 226)ê

 

      The fee for filing a certificate of extension in renewal of corporate existence of any corporation shall be an amount equal to one-fourth the fee computed at the foregoing rates for filing the original certificate of incorporation; the fee for filing certificate of dissolution shall be twenty dollars; the fee for filing certificate of increase or decrease of par value of, or the number of shares, shall be twenty dollars.

      The fee for filing notice of removal of principal place of business, other than by amendment, shall be five dollars; for filing notice of withdrawal from the State of Nevada by foreign companies, ten dollars; the fee for filing an appointment of resident agent, other than list of officers, shall be five dollars; the fee for certifying to articles of incorporation where copy is provided, shall be five dollars; for certifying to copy of amendment to articles of incorporation, or to copy of articles as amended, where copy is furnished, shall be five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, shall be five dollars; the fee for certifying to the reservation of a corporate name shall be two dollars; the fee for executing any certificate not herein provided shall be five dollars.

      The fee for comparing any document to be certified, when copy is furnished, if any corrections are required to be made therein before certifying thereto, shall be twenty cents for each folio of one hundred words of said document so compared; the fee for filing list of officers and directors or trustees and name of agent in charge of principal office shall be as is elsewhere provided by law; provided, that no fees shall be required to be paid by any religious or charitable society, or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state.

      Sec. 11.  Section 83 of the above-entitled act, being section 1682 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 83.  The terms “Principal Office,” “Principal Place of Business,” and “Principal Office in this State,” wherever used in this act, shall be construed as referring to the office maintained in this state as required by sections 78 and 79, and as synonymous terms; “Articles of Incorporation” and “Certificate of Incorporation” shall be construed as synonymous terms and, as used in this act, unless the context shall otherwise require, shall include all certificates filed pursuant to sections 3, 6, 7, 11 and 25 of this act and any agreement of consolidation or merger filed pursuant to section 39 of this act; “Trustees” and “Directors” also shall be construed as synonymous terms wherever used in this act; the singular number shall include the plural, and the plural shall include the singular, and general terms and powers given herein shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers herein contained.

Filing fees of secretary of state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms defined


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

ê1931 Statutes of Nevada, Page 426 (CHAPTER 224, AB 226)ê

 

 

 

 

 

In effect

act; the singular number shall include the plural, and the plural shall include the singular, and general terms and powers given herein shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers herein contained.

      Sec. 12.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 225, SB 89

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined

 

 

 

 

Duties of quarantine officer

 

 

 

 

Public notice to be given

[Senate Bill No. 89–Senator Friedhoff]

 

Chap. 225–An Act to authorize the state quarantine officer to fix and promulgate standards for all kinds of agricultural products and containers therefor; to make rules and regulations for carrying out the provisions of this act; to provide penalties for the violation of any of the provisions of this act or any rules or regulations made thereunder; to employ the necessary inspectors and assistants to carry out the provisions of this act, and making an appropriation for the carrying out of this act, and repealing sections 8320 to and including section 8334, Nevada Compiled Laws 1929, and all other acts or parts of acts in conflict herewith.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The state quarantine officer is hereby designated as the authority to administer this act. “Agricultural products,” shall include horticultural, viticultural, dairy, bee, and any and all farm products; the word “person” shall include individuals, partnerships, corporations, associations, or two or more individuals having a joint or common interest; words used import the singular or the plural as the case may demand.

      Sec. 2.  In order to promote, protect, further and develop the agricultural interests of this state, the state quarantine officer is hereby authorized and empowered, after investigation and public hearing, to fix and promulgate official standards for grading and classifying any or all agricultural products grown or produced in this state and to fix and promulgate official standards for containers of farm products and to change any of them from time to time.

      Sec. 3.  In promulgating the standards or any alterations or modification of such standards, the state quarantine officer shall specify the date or dates when the same shall become effective and shall give public notice not less than thirty (30) days in advance of such date or dates by such means as he deems proper, and he is hereby authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container.


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ê1931 Statutes of Nevada, Page 427 (CHAPTER 225, SB 89)ê

 

information concerning the standard that may be fixed by him for any agricultural product or container.

      Sec. 4.  The state quarantine officer is authorized to fix and promulgate as the official standard for this state for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, and in carrying out the provisions of this act the state quarantine officer is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.

      Sec. 5.  The state quarantine officer is hereby authorized to designate any competent employee or agent of the state quarantine office, and upon satisfactory evidence of competency may license any other person, and charge and collect a reasonable fee for such license, to inspect or classify agricultural products in accordance with such regulations as he may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the state quarantine officer may require. The state quarantine officer is authorized to fix, assess, and collect, or cause to be collected, fees for such services when they are performed by employees or agents of the state quarantine office. Licensed inspectors may charge and collect as compensation for such services only such fees as may be approved by the state quarantine officer. The state quarantine officer may suspend or revoke any license whenever, after an opportunity for hearing has been afforded to the licensee, the state quarantine officer shall determine that such licensee is incompetent or has knowingly or carelessly failed to correctly certify the grade, classification, quality or condition of any agricultural product, or has violated any provisions of this act or of the regulations made hereunder. Pending investigations the state quarantine officer may suspend a license temporarily without a hearing.

      Sec. 6.  Whenever any quantity of any agricultural product shall have been inspected hereunder and question arises as to whether the certificate issued therefor shows the true grade, classification, quality or conditions of such product, any interested person, subject to such regulations as the state quarantine officer may prescribe, may appeal the question to him and he is authorized to cause such investigation to be made and such tests to be applied as he may deem necessary and to determine and issue a finding of the true grade or classification of the product or of the quality or condition thereof. Whenever an appeal shall be taken to the state quarantine officer under this act, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.

 

 

To cooperate with federal government

 

 

 

 

 

Licensed inspectors may be appointed; may charge fee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May appeal from findings of inspector


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ê1931 Statutes of Nevada, Page 428 (CHAPTER 225, SB 89)ê

 

 

 

Certificate accepted by courts

 

 

 

 

 

Fees to go into state treasury

 

 

 

 

Employees and agents

 

Certain acts of employee or agent misdemeanor

 

 

 

 

 

 

Liability of person wrongfully representing product

assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.

      Sec. 7.  A certificate when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any agricultural product issued under this act, and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of agricultural products, shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of such agricultural product at the time of its inspection.

      Sec. 8.  The state quarantine officer is hereby authorized and empowered to promulgate regulations for carrying out the purpose and provision of this act. All fees and moneys collected or received by employees or agents of the state quarantine office under this act and the regulations which may be promulgated hereunder shall be turned into the state treasury to be there maintained in a separate fund which is hereby appropriated for carrying out the provisions of this act.

      Sec. 9.  The state quarantine officer may appoint employees and agents to assist in carrying out the provisions of this act, and may fix their compensation.

      Sec. 10.  Any employee or agent employed under this act or any inspector licensed hereunder who shall knowingly inspect, grade or classify improperly any agricultural product or shall knowingly give any incorrect certificate of grade, classification, quality or condition or shall accept money or other consideration directly or indirectly for any incorrect or improper performance of duty, and any person who shall improperly influence or attempt to improperly influence any such agent, employee or licensed inspector in the performance of his duty, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or be imprisoned not more than one year, or both.

      Sec. 11.  If any quantity of any agricultural product shall have been inspected and a certificate issued hereunder showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate. Whenever any standard for a container for an agricultural product becomes effective under this act, no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable, unless the container conform to the standard, subject to such variations therefrom as may be allowed in the regulations made under this act, unless such product be brought from outside the state and offered for sale, consigned for sale or sold in the original package.


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ê1931 Statutes of Nevada, Page 429 (CHAPTER 225, SB 89)ê

 

unless such product be brought from outside the state and offered for sale, consigned for sale or sold in the original package. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars, or be imprisoned not more than one year, or both.

      Sec. 12.  There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of two thousand dollars annually, or so much thereof as may be necessary to be expended in carrying out the provisions of this act.

      Sec. 13.  All equipment, supplies or records purchased or otherwise acquired by the state sealer of weights and measures under the provisions of that certain act entitled “An act to authorize the state sealer of weights and measures to fix and promulgate standards for all kinds of agricultural products and containers therefor; to make rules and regulations for carrying out the provisions of this act; to provide penalties for the violation of any of the provisions of this act or any rules or regulations made thereunder; to employ the necessary inspectors and assistants to carry out the provisions of this act, and making an appropriation for the carrying out of this act,” approved March 8, 1923, being sections 8320 to and including section 8334 Nevada Compiled Laws 1929, and now in his possession or under his control shall, on this act becoming effective, be delivered by the said state sealer of weights and measures to the state quarantine officer.

      Sec. 14.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the act and of the application of such provisions to other persons or circumstances shall not be affected thereby.

      Sec. 15.  All acts and parts of acts in conflict with or inconsistent with this act, particularly that certain act of the legislature of the State of Nevada entitled “An act to authorize the state sealer of weights and measures to fix and promulgate standards for all kinds of agricultural products and containers therefor; to make rules and regulations for carrying out the provisions of this act; to provide penalties for the violation of any of the provisions of this act or any rules or regulations made thereunder; to employ the necessary inspectors and assistants to carry out the provisions of this act, and making an appropriation for the carrying out of this act,” approved March 8, 1923, being sections 8320 to and including section 8334 Nevada Compiled Laws 1929, are hereby repealed.

      Sec. 16.  This act shall take effect upon its passage and approval.

 

 

 

 

Appropriation to administer act

 

Certain equipment to be available

 

 

 

 

 

 

 

 

 

 

Provisions of act construed independently

 

 

Repeal

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 430ê

CHAPTER 226, Senate Substitute for Senate Bill No. 132

 

 

 

 

 

 

 

 

 

 

Relating to grazing of live stock on public lands

 

 

 

 

 

 

 

 

 

 

 

Certain grazing restricted

 

 

 

 

Exceptions

 

 

 

 

Customary or established use defined

[Senate Substitute for Senate Bill No. 132–Committee on Public Lands and Live Stock]

 

Chap. 226–An Act relating to and regulating the grazing of live stock on public lands of the United States in the State of Nevada, protecting customary grazing uses thereon, making certain acts unlawful, and prescribing penalties and liabilities for violation of the act.

 

[Approved March 30, 1931]

 

      Whereas, It is of great importance to the State of Nevada to secure the peaceful and most economical use of the public lands in the State of Nevada for the grazing of live stock; and

      Whereas, Unrestricted and unregulated grazing of such lands results in an injurious and uneconomical use thereof, as well as in controversies that often lead to breaches of the peace, all of which is detrimental to the public interest; and

      Whereas, The most economical grazing use of said lands, the conservation of the livestock feed thereon, and the preservation of the peace can best be secured by protecting the grazing uses established by customs based on the experience of the graziers; now, therefore,

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful to graze live stock on any part of the unreserved and unappropriated public lands of the United States in the State of Nevada, when such grazing will or does prevent, restrict or interfere with the customary use of such land for grazing live stock by any person who, by himself or his grantors or predecessors, shall have become established, either exclusively or in common with others, in the grazing use of such lands by operation of law or under and in accordance with the customs of the graziers of the region involved; provided, that this act shall not prohibit the grazing on any part of such public lands of live stock owned, kept or used for work or milking purposes by any ranch owner or bona fide settler, for his domestic use, as distinguished from commercial use, nor prohibit the grazing of any live stock necessary for and used in connection with any mining or construction work or other lawful work of similar character. Customary or established use as graziers, otherwise than under the operation of law, as herein used, shall be deemed to include the continuous, open, notorious, peaceable and public use of such range seasonally for a period of five years or longer immediately prior to the approval of this act by the person or his grantors and/or predecessors in interest except in cases where initiated without protest or conflict to prior use or occupancy thereof.


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ê1931 Statutes of Nevada, Page 431 (CHAPTER 226, Senate Substitute for Senate Bill No. 132)ê

 

where initiated without protest or conflict to prior use or occupancy thereof. It is further provided that any change in such customary use so established shall not be made hereafter so as to prevent, restrict or interfere with the customary or established use of any other person or persons.

      Sec. 2.  This act shall not be construed to prohibit any such established user from continuing his grazing use, as established by operation of law or in accordance with such customs.

      Sec. 3.  Any person violation any of the provisions of this act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; and independently of the foregoing penalty, shall be liable to any person injured for all damages sustained by reason of such violation, and for such exemplary damages as the circumstances may warrant.

      Sec. 4.  The violation of any provision of this act may be restrained by injunction, issued by a court of competent jurisdiction, pursuant to the provisions of law and principles of equity relating to injunctions.

      Sec. 5.  The word “person” as used in this act includes individuals, companies, partnerships and associations.

      Sec. 6.  Nothing herein contained shall be construed to prohibit free transit over and rights in the public domain where such are provided by the acts of Congress.

      Sec. 7.  This act shall be deemed an exercise of the police power of the state for the protection of the economic welfare and peace of the people of the state, and all of its provisions shall be liberally construed for the accomplishment of its purposes, and nothing in this act shall be construed as amending or repealing existing law regarding the grazing use of the public lands or of water for the purpose of watering live stock, or as modifying or compromising any valid rights or priorities as may exist therein at the time of its enactment.

      Sec. 8.  This act shall become effective from and after its passage and approval.

 

 

 

 

Construction of act

 

 

Penalty for violations of act

 

 

 

 

Injunction may issue

 

 

“Person” defined

 

Certain rights not affected

Act to be liberally construed

 

 

 

 

 

In effect

 

________

 

 


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ê1931 Statutes of Nevada, Page 432ê

CHAPTER 227, AB 162

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$50,000 bond issue for school purposes at Elko, Elko County

 

 

 

 

 

 

 

 

Form of bond

[Assembly Bill No. 162–Elko County Delegation]

 

Chap. 227–An Act authorizing and empowering the board of county commissioners of the county of Elko, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high school gymnasium in the city of Elko, Elko County, Nevada, and authorizing the Elko County board of education to let a contract or contracts to construct, equip and furnish said building.

 

[Approved March 30, 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 Elko County, Nevada, is hereby authorized and empowered to prepare and issue bonds of said county of Elko, said bonds to be issued on or before the 1st day of January, 1932, for an amount not to exceed the sum of fifty thousand ($50,000) dollars, exclusive of interest, for the purpose of providing funds for the construction and equipment of a high school gymnasium in the city of Elko, Elko County, Nevada. Said bonds shall be each for the sum of one thousand ($1,000) dollars. They shall be numbered consecutively and the interest on the same shall not exceed six per cent (6%) per annum, payable semiannually on the first days of January and July of each year, at the office of the county treasurer of said Elko County, and in no case shall said bonds run for a longer period than twenty years.

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

 

                                                             (Form of Bond)                                            No...........

                                                 United States of America

                                         State of Nevada, County of Elko

                                                ELKO COUNTY HIGH SCHOOL

                                                     Elko Gymnasium Bond

 

      The county of Elko, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay to the bearer hereof, the principal sum of one thousand dollars on the 1st day of July, 19......., with interest thereon from the date hereof until paid, at the rate of ........ per centum per annum; such interest payable semiannually on the first days of January and July respectively in each year, as evidenced by and upon presentation and surrender of the interest coupons hereto attached, as they severally become due; and both the interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at the office of the treasurer of Elko County, in the city of Elko, State of Nevada, U. S. A.;


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ê1931 Statutes of Nevada, Page 433 (CHAPTER 227, AB 162)ê

 

weight and fineness, at the office of the treasurer of Elko County, in the city of Elko, State of Nevada, U. S. A.; and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources and all the taxable property of said county are hereby irrevocably pledged.

      This bond is one of a series of fifty serially maturing bonds of like tenor and amount issued by said county under and in compliance with the Constitution of the State of Nevada and of an act of the legislature of said state passed at its thirty-fifth session entitled “An act authorizing the board of county commissioners of the county of Elko, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high school gymnasium in the city of Elko, Elko County, Nevada, and authorizing the Elko County board of education to let a contract or contracts to construct, equip and furnish said building,” approved March ......, 1931.

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

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

 

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

                                                                As Chairman of Board of County Commissioners.

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

                                                      [seal]                                                     County Treasurer.

 

                                                            (Form of Coupon)

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

      On ............................................, 19........., the county of Elko, State of Nevada, for value received, will pay to the bearer hereof the sum of ................................... dollars in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at

Form of bond

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of coupon


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ê1931 Statutes of Nevada, Page 434 (CHAPTER 227, AB 162)ê

 

 

 

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Clerk to keep record

 

 

County commissioners to negotiate sale of bonds

 

 

 

 

 

Redemption of bonds

 

 

 

 

Proceeds to go into fund

standard of weight and fineness, at ...................................... being .................... months interest then due on its county high school Elko gymnasium indebtedness bond No. ........................, dated ........................, 19..........

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

                                                                As Chairman of Board of County Commissioners.

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

                                                                                                                       County Treasurer.

 

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

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

      Sec. 5.  The board of county commissioners of Elko County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale or sales; provided, that said bonds shall not be sold for less than par, as they may deem for the best interests of the county, 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 of or equal to the present standard of weight and fineness; 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 next after the issuance of any of said bonds, two thereof, together with the interest thereon then due and payable, shall be paid and redeemed by said county treasurer, and annually thereafter until an aggregate of fifty of such bonds shall have been redeemed, three 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 “Elko County High School-Elko Gymnasium Fund,” and to pay out said moneys in the manner now provided by law for the payment of money from the “General County High School Fund,” and only for the purposes provided in this act.


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ê1931 Statutes of Nevada, Page 435 (CHAPTER 227, AB 162)ê

 

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

      Sec. 9.  Said Elko County board of education shall determine as to the character of said building, the materials to be used therefor, and the plans and specifications therefor, and when such determination is made said board of education shall advertise for bids for the construction of said gymnasium and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to and the same shall govern the action of the Elko county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education shall be paid in the manner now provided by law for paying claims against the county high school fund. Said county board of education is further authorized to employ a suitable architect for the preparation of the necessary plans and specifications and for the supervision of said construction, or for either or both of said purposes, and to pay such fees for said service as may be governed by contract with such architect.

      Sec. 10.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the Elko County board of education shall proceed to select an appropriate site for said gymnasium building in the city of Elko, in said county, and the said Elko County board of education and the county commissioners of said Elko County shall thereafter, with all reasonable diligence, proceed to the execution of the purposes of this act.

      Sec. 11.  All the demands and bills contracted by said Elko County board of education in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the “General County High School Fund.”

      Sec. 12.  The county treasurer of said Elko County shall be liable on his official bond for the safekeeping 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. 13.  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 Elko County is hereby authorized and directed to levy and collect annually a special tax on all property, both real and personal, subject to taxation within the boundaries of said Elko County, until such bonds, and the interest thereon, shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinbefore provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said county for each year for which said tax is hereby required to be levied.

Duties of board of education; to disburse fund

 

 

 

 

To determine character of building

 

 

 

 

 

 

 

 

 

 

 

 

To select site

 

 

 

 

 

Claims, how paid

 

 

County treasurer liable on official bond


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

ê1931 Statutes of Nevada, Page 436 (CHAPTER 227, AB 162)ê

 

Tax levy to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

 

 

County treasurer to redeem bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

 

 

In effect

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

      Sec. 14.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund for paying the contingent expenses of said county high school.

      Sec. 15.  Whenever the county treasurer shall redeem any of the interest coupons or 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. 16.  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. 17.  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. 18.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1931 Statutes of Nevada, Page 437ê

CHAPTER 228, Senate Substitute for Senate Bill No. 145

[Senate Substitute for Senate Bill No. 145–Senator Cole]

 

Chap. 228–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, being 3086 Nevada Compiled Laws 1929.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 52 of the above-entitled act is hereby amended so as to read as follows:

      Section 52.  All money collected from the sale of licenses, as in this act provided, by the county clerks of the several counties of the state except as in this section provided shall be paid into the state and county treasuries, respectively, as follows: Two-fifths (2/5) of all money collected from the sale of resident hunting licenses shall be transmitted quarterly by the county clerk to the state treasurer, and by him placed to the credit of the state fish and game preservation fund; and three-fifths (3/5) of all the money collected by said counties from the sale of resident hunting licenses, together with all the money collected from the sale of nonresident hunting licenses and all moneys collected from the sale of fishing licenses, shall be paid into the county treasury of the county where the license money is collected, to the credit of the county fish and game fund; provided, that all money collected from the sale of fishing and hunting licenses by those certain counties of the state which maintain county fish hatcheries shall be paid into the county treasury of the county wherein the license money is collected, to the credit of the county fish and game fund; and provided further, that this proviso shall not include any county of the state which at the last general election cast more than nine thousand (9,000) votes for representative in Congress, or which at any general election hereafter shall cast more than nine thousand (9,000) votes for representative in Congress; and provided further, that those certain counties of the state maintaining county fish hatcheries which, under the provisions of this section, shall retain for county purposes all moneys derived from the sale of fishing and hunting licenses shall not be entitled to receive any fish from the state fish and game commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of license moneys


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

ê1931 Statutes of Nevada, Page 438 (CHAPTER 228, Senate Substitute for Senate Bill No. 145)ê

 

Certain counties excepted

 

 

 

 

 

In effect

which at the last general election cast more than nine thousand (9,000) votes for representative in Congress, or which at any general election hereafter shall cast more than nine thousand (9,000) votes for representative in Congress; and provided further, that those certain counties of the state maintaining county fish hatcheries which, under the provisions of this section, shall retain for county purposes all moneys derived from the sale of fishing and hunting licenses shall not be entitled to receive any fish from the state fish and game commission.

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

 

________

 

CHAPTER 229, AB 82

 

 

 

 

 

 

 

 

 

 

 

Expenses of district judges

 

 

 

 

Proviso when district consists of more than three counties

 

 

 

 

 

Repeal

[Assembly Bill No. 82–Mr. Kenny]

 

Chap. 229–An Act to allow the several district judges of the State of Nevada their necessary mileage, traveling and other expenses when holding court in any county other than the county of his or their residence.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  In addition to the salary provided by law, each district judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge; provided, that in all judicial districts of the State of Nevada comprising more than three counties, the district judge or district judges thereof shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of two thousand ($2,000) dollars per annum for each judge.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 439ê

CHAPTER 230, AB 124

[Assembly Bill No. 124–Mr. Alward]

 

Chap. 230–An Act to amend section 1 of an act entitled “An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada,” approved March 28, 1927.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

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

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

      Churchill County, one senator and two assemblymen;

      Clark County, one senator and four assemblymen;

      Douglas County, one senator and one assemblyman;

      Elko County, one senator and four assemblymen;

      Esmeralda County, one senator and one assemblyman;

      Eureka County, one senator and one assemblyman;

      Humboldt County, one senator and two assemblymen;

      Lander County, one senator and one assemblyman;

      Lincoln County, one senator and two assemblymen;

      Lyon County, one senator and two assemblymen;

      Mineral County, one senator and one assemblyman;

      Nye County, one senator and three assemblymen;

      Ormsby County, one senator and one assemblyman;

      Pershing County, one senator and one assemblyman;

      Storey County, one senator and one assemblyman;

      Washoe County, one senator and nine assemblymen;

      White Pine County, one senator and four assemblymen;

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

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

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

      Sec. 5.  This act will be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

Reapportionment of senators and assemblymen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not to affect present term

Washoe County divided into three districts

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1931 Statutes of Nevada, Page 440ê

CHAPTER 231, SB 88

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for Ormsby County

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

County commissioners to prepare and issue bonds

[Senate Bill No. 88–Senator Winters]

 

Chap. 231–An Act authorizing and directing the board of county commissioners of Ormsby County to issue negotiable coupon bonds for the purpose of purchasing a site in Carson City, and to deed such site to the State of Nevada for the erection thereon of a building to be known as the Nevada state library and supreme court building, and providing for the payment of the principal and interest of such bonded indebtedness, and other matters properly connected therewith.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Ormsby County are hereby authorized, directed and empowered to issue negotiable coupon bonds of such county to the extent of fifteen thousand dollars, or so much thereof as may be necessary, for the purpose of purchasing a site directly or diagonally across a street from the capitol, and to thereafter, upon payment of ten dollars, deed said site, in fee simple, to the State of Nevada, for the erection thereon of a building to be known as the Nevada state library and supreme court building.

      Sec. 2.  Such bonds shall be issued in denominations of five hundred dollars each, and each and every bond so issued shall promise in substance that the county of Ormsby, State of Nevada, owes to and will pay at the maturity of such bond to the holder thereof the sum expressed therein, and each of said bonds shall bear interest at the rate not exceeding five and one-half per cent per annum. The principal and interest of said bonds shall be payable in lawful money of the United States upon presentation thereof and of said interest coupons at the office of the county treasurer of said Ormsby County, Nevada.

      Sec. 3.  The county commissioners of Ormsby County shall prepare the bonds authorized to be issued under this act, which shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated with the seal of the county. There shall be attached to each of said bonds interest coupons numbered consecutively and bearing interest at the rate not exceeding five and one-half per cent per annum, payable semiannually on the first day of January and July of each year from and after the year of issuance of said bonds. Each of said coupons shall express the promise of said county to pay the amount specified in the coupon at the date of maturity thereof, in lawful money of the United States, and shall be signed by the chairman of said board of county commissioners and the county treasurer, or bear a printed facsimile of said signatures. Each of said bonds issued hereunder shall be consecutively numbered and shall bear date of July 1, 1931, and in no case shall any of said bonds run for a period longer than fifteen years.


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

ê1931 Statutes of Nevada, Page 441 (CHAPTER 231, SB 88)ê

 

of said bonds issued hereunder shall be consecutively numbered and shall bear date of July 1, 1931, and in no case shall any of said bonds run for a period longer than fifteen years.

      Sec. 4.  In addition to other taxes which shall be levied, the county commissioners of Ormsby County shall, for the year 1931, and annually thereafter until the principal and interest of said bonds shall be fully paid, cause to be levied and collected at the time and in the manner provided by law for the levying and collection of taxes for county purposes, a special tax upon all of the taxable property in said county, in an amount sufficient to enable the treasurer of said county to pay annually one thousand dollars of said bonds and interest on said bonds as the same shall become due, and said bonds shall be retired in the order in which the same shall be issued. The proceeds from such special tax shall be kept by the county treasurer in a special fund to be known as the Nevada state library and supreme court building site fund.

      Sec. 5.  The board of county commissioners of Ormsby County may, in the discretion of such board, sell any of the bonds herein provided for, for cash, by causing a notice of the sale of said bonds to be published once a week for a period of three consecutive weeks in some newspaper of general circulation published in said Ormsby County; such notice shall describe the bonds proposed to be sold and shall call for sealed bids to be filed with such board of county commissioners on or before the day and time specified in said notice, at which time said bids, if any, shall be received, shall be opened and the bonds sold to the highest and best bidder therefor, for cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the said board of county commissioners is authorized to sell said bonds or so many thereof as it deems best at private sale, for not less than the par value thereof. Said board is hereby authorized to reject any or all bids filed for the purchase of said bonds, and to require a deposit to be made in the manner provided for by it as a part of and accompanying each bid.

      Sec. 6.  The county treasurer of Ormsby County shall provide and keep a suitable book in his office in which shall be registered the number and amounts of the bonds issued under this act, the date of maturity of each bond, the date of the sale of said bonds, the number and amount of bonds sold, and to whom said sale was made, and the date of the payment and/or cancellation of each bond. Upon the payment of any of the bonds issued under the provisions of this act said county treasurer shall cancel said bond or bonds so paid or retired, and shall write or stamp across the face thereof, and across the face of each of the interest coupons thereto attached or paid, the word “Canceled.”

 

 

 

 

Tax levy for interest and redemption of bonds

 

 

 

 

 

 

 

 

County commissioners to negotiate sale of bonds

 

 

 

 

 

 

 

 

 

 

 

 

County treasurer to register bonds


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

ê1931 Statutes of Nevada, Page 442 (CHAPTER 231, SB 88)ê

 

 

 

Proceeds of sale to be used for certain purpose only

 

 

 

 

 

 

 

 

 

Disposition of surplus funds

 

 

Faith of state pledged

 

 

In effect

paid or retired, and shall write or stamp across the face thereof, and across the face of each of the interest coupons thereto attached or paid, the word “Canceled.”

      Sec. 7.  The proceeds of any sale of any of the bonds authorized to be issued shall be used exclusively for the purchase and clearing of a site directly or diagonally across a street from the capitol building in Carson City, and the board of county commissioners of Ormsby County shall not use any part of the proceeds thereof for any other purpose or purposes whatsoever. The word “site,” as used herein, includes not only the vacant ground but also any building or buildings thereon; and for the purpose of acquiring such site the county commissioners of Ormsby County may, if necessary in their judgment, resort to condemnation proceedings. Any balance remaining from the proceeds of the sale of said bonds, after said site had been fully paid for and cleared, shall be placed in the Nevada state library and supreme court building site fund, hereinbefore created, and shall be used for the purpose of redeeming said bonds and/or paying the interest due thereon.

      Sec. 8.  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 fund shall, by order of the board of county commissioners, be transferred to the general fund of the county.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation thereby imposed omitted, until the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this act specified.

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

 

________

 

CHAPTER 232, SB 82

 

 

 

 

 

 

 

 

 

 

Revolving fund for state engineer

[Senate Bill No. 82–Committee on Irrigation]

 

Chap. 232–An Act authorizing the establishment of a revolving fund for the payment of state water commissioners, and other matters in connection therewith.

 

[Approved March 30, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the general fund not otherwise appropriated the sum of twenty thousand ($20,000) dollars, for the purpose of creating a revolving fund to be known as “The Water Distribution Fund.”


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

ê1931 Statutes of Nevada, Page 443 (CHAPTER 232, SB 82)ê

 

      Upon the passage and approval of this act the state treasurer shall set aside the sum of twenty thousand ($20,000) dollars for the purposes as set forth in section 7937 of the Nevada Compiled Laws 1929, as amended by the 1931 session of the legislature of the State of Nevada.

      Sec. 2.  The money in said revolving fund may be used for the payment of state water commissioners’ and assistant water commissioners’ salaries and expenses, and the salaries and expenses of other employees engaged in the work of the distribution of waters or streams that are directly under the supervision of the state engineer, and also any other expense that is necessarily incurred by the state water commissioners in the distribution of water, and for no other purpose.

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

 

 

 

 

Purpose for which fund to be used

 

 

 

 

In effect

 

________

 

CHAPTER 233, SB 84

[Senate Bill No. 84–Committee on Irrigation]

 

Chap. 233–An act to provide for the printing of proposed findings of fact and conclusions of law or findings of fact and conclusions of law and judgments and decrees in certain cases decided by the courts of the State of Nevada, and providing funds for such printing and prescribing the method for distributing said funds and the procedure in connection therewith.

 

[Approved March 31, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The attorney-general of the State of Nevada is hereby authorized, directed and empowered to cause the printing of proposed findings of fact and conclusions of law and findings of fact and conclusions of law and judgments and decrees from any district court of the State of Nevada where there are more than one hundred (100) parties litigant in the action so decided, and the state engineer of the State of Nevada is one of the parties litigant.

      Sec. 2.  There is hereby appropriated from the general funds of the State of Nevada not otherwise appropriated the sum of five thousand five hundred dollars ($5,500) for the payment of such printing of such proposed findings of fact and conclusions of law and findings of fact and conclusions of law and judgment.

      Sec. 3.  The attorney-general of the State of Nevada shall cause said proposed findings of fact and conclusions of law and findings of fact, conclusions of law and judgment and decree to be printed and shall certify the expense thereof to the board of examiners of the State of Nevada, who shall check the same, and if finding that said printing has been done shall approve the same and cause the claims for such printing to be paid as other claims are paid from the treasury of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney-general to publish findings of fact in certain cases

 

 

 

Appropriation

 

 

 

Board of examiners to approve claims


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

ê1931 Statutes of Nevada, Page 444 (CHAPTER 233, SB 84)ê

 

 

 

 

 

In effect

to the board of examiners of the State of Nevada, who shall check the same, and if finding that said printing has been done shall approve the same and cause the claims for such printing to be paid as other claims are paid from the treasury of the State of Nevada.

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

 

________

 

CHAPTER 234, AB 202

 

 

 

 

 

 

 

 

 

 

 

Appropriation for certain expenses in adjudicating waters of Little Humboldt river

 

 

 

 

Who to approve claims

 

 

Costs recovered to be placed in general fund

 

In effect

[Assembly Bill No. 202–Mr. Tobin]

 

Chap. 234–An Act to authorize the payment of costs and expenses of the Little Humboldt river adjudication, making an appropriation therefor, and other matters in connection therewith.

 

[Approved March 31, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  For the purpose of advancing and paying for stenographic work and transcripts required by law or order of court, or for costs, witness fees or other services incurred by or upon the authority of the attorney-general in the litigation affecting the order of determination adjudicating waters of the Little Humboldt river, which is now pending in the office of the state engineer and which will shortly be filed in the Sixth judicial district court of the State of Nevada, the sum of three thousand ($3,000) dollars is hereby appropriated from the general fund of the State of Nevada; provided, no portion of said funds shall be expended for attorney’s fees.

      Sec. 2.  All expenditures from the appropriation hereby made shall be subject to the approval of the state engineer and the board of examiners, and when so approved shall be allowed and paid from the fund provided by section 1.

      Sec. 3.  Whenever the State of Nevada shall recover any costs paid or advanced under the provisions of this act the same so recovered shall be placed in the general fund in the state treasury.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 445ê

CHAPTER 235, SB 81

[Senate Bill No. 81–Committee on Irrigation]

 

Chap. 235–An Act defining certain duties of the attorney-general; prohibiting the employment of other attorneys or counsellors at law to be compensated by the state, except in certain cases; authorizing the appointment of special deputy attorneys-general in certain cases, and providing compensation therefor; and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 31, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  The attorney-general of the State of Nevada and his duly appointed deputy shall be the legal advisers on all state matters arising in each and every department of the state government.

      Sec. 2.  No officer, commissioner, or appointee of the State of Nevada shall employ any attorney at law or counsellor at law to represent the State of Nevada within said state, or to be compensated by state funds, directly or indirectly, as an attorney acting within said state for the State of Nevada or any department thereof unless the attorney-general and his deputy are disqualified to act in such matter or unless an act of the legislature specifically authorizes the employment of other attorneys or counsellors at law; provided, that in cases of emergency where the services of the attorney-general’s office are required in remote counties of the state, the attorney-general may, when it appears for the best interests of the state to do so, appoint a resident attorney at law of such county as special deputy; and provided further, that in any case where the attorney-general represents the State of Nevada or any officer, board, commission, appointee, or department of the state, and there are one hundred or more litigants involved in the case or litigation, and the trial or hearings in such litigation have been completed and the case or litigation has been decided by the court but the written findings of fact, conclusions of law, and/or judgment and decree have not been prepared or settled, determined, entered, signed, and filed by the court before the beginning of the term of office of the attorney-general who is in office at the time such written findings and conclusions and/or the judgment and decree are to be prepared or settled, determined, entered, signed, and/or filed by the court, and where the evidence in the case is voluminous, then and in that event such incumbent attorney-general is hereby authorized and directed, in the interest of promptness and efficiency in the final determination of such litigation, to appoint a special deputy attorney-general to prepare and supervise the preparation of such findings of fact, conclusions of law, and judgment and decree to be prepared for and on behalf of the State of Nevada or such officer, board, commission, appointee, or department thereof, and to present the same to the court or to the former district judge thereof authorized and empowered to hear and determine the same,

 

 

 

 

 

 

 

 

 

 

 

 

 

Who legal advisers of state

 

Employment of attorneys forbidden except under certain conditions and in cases of emergency


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

ê1931 Statutes of Nevada, Page 446 (CHAPTER 235, SB 81)ê

 

Appointment of special deputy attorney-general

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation to pay salary of special deputy

 

 

 

 

 

 

Claims void, when

 

Repeal

 

 

 

 

In effect

fact, conclusions of law, and judgment and decree to be prepared for and on behalf of the State of Nevada or such officer, board, commission, appointee, or department thereof, and to present the same to the court or to the former district judge thereof authorized and empowered to hear and determine the same, within the time now or hereafter provided by law therefor, and to represent the state and such officer, board, commission, appointee, or department thereof in any and all hearings incident to any and all such findings of fact, conclusions of law, and judgment and decree, and in any and all objections and exceptions thereto presented to the court or to the former district judge thereof authorized and empowered to hear and determine the same in any such case for settlement, determination, signing, and filing in such case and in any and all motions for new trials and also in any and all matters incident thereto, all within the time now or hereafter provided by law therefor; and, as full and complete salary and compensation for such special deputy attorney-general for said services so to be performed by him in such case where more than one hundred (100) litigants are involved, as specified in this proviso of this section, there is hereby appropriated from the general funds of this state not otherwise appropriated the sum of five thousand ($5,000) dollars, said sum to be paid in equal monthly payments, upon warrants drawn by the state controller and paid by the state treasurer in the same manner as the salaries of the regular state officers and their deputies are paid, and the state controller is hereby authorized and directed to draw his warrant therefor and the state treasurer to pay the same, for the period beginning on April 1, 1931, and ending on December 31, 1931; and provided also, that said appropriation shall cease by operation of law on January 1, 1932.

      Sec. 3.  All claims for legal services rendered in violation of this act shall be void.

      Sec. 4.  An act entitled “An act defining certain duties of the attorney-general and matters relating thereto,” approved February 7, 1923, being chapter 8, 1923 Statutes of Nevada, page 7, and being sections 7319, 7320, 7321, and 7322 Compiled Laws of Nevada 1929, and all other acts and parts of acts in conflict herewith are hereby repealed.

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

 

________

 

 


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

ê1931 Statutes of Nevada, Page 447ê

CHAPTER 236, AB 245

[Assembly Bill No. 245–Mr. Hamlin]

 

Chap. 236–An Act to amend section 17 of an act entitled “An Act to amend an act entitled ‘An act to amend an act entitled “An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon, in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of said bonds, and other matters relating thereto,” approved March 4, 1921, approved March 26, 1923,’ and to add a new section to be known as section 24,” approved March 5, 1929, approved March 18, 1929.

 

[Approved March 31, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, as amended, is hereby amended so as to read as follows:

      Section 17.  (a) The chairman of the board of county commissioners of said county shall be general manager of such system, and shall receive as such general manager a salary of twenty-five dollars per month, to be paid as other claims against said county. The general manager shall employ a qualified and competent engineer who shall have had at least three years’ practical experience as a consulting electrical engineer, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be responsible to said board for his action in connection with the operation of said system. He shall devote his entire time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board; provided, however, his salary shall not exceed the sum of two hundred and fifty ($250) dollars per month. The board may also employ a technical adviser as consulting electrical engineer.

      (b) Said general manager may employ such additional necessary employees as may from time to time be required, and fix their compensation, which shall not exceed six dollars ($6) per day; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bonds prior to assuming the duties of his office in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairman board of county commissioners to be general manager

 

 

 

 

 

 

 

 

 

 

 

May employ additional employees


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ê1931 Statutes of Nevada, Page 448 (CHAPTER 236, AB 245)ê

 

 

 

 

 

 

To make monthly and annual reports

 

 

 

 

 

 

 

 

 

 

 

 

 

Portions of system may be salvaged, when

 

Repeal

 

In effect

may be charged with the collection or handling of funds of such power system shall furnish bonds prior to assuming the duties of his office in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

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

      (d) The board of county commissioners are hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of two years or more.

      Sec. 2.  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.

 

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ê1931 Statutes of Nevada, Page 449ê

CHAPTER 237, AB 247

[Assembly Bill No. 247–Mr. Bugbee]

 

Chap. 237–An Act to define collection agencies; to provide for the regulation, bonding, supervision and licensing thereof; to provide for the enforcement of said act and penalties for the violation thereof.

 

[Approved March 31, 1931]

 

The People of the State of Nevada, represented in Senate

and Assembly, do enact as follows:

 

      Section 1.  No person, firm, corporation or voluntary association shall hereafter conduct within this state a collection agency or engage in the business within this state of collecting claims for others, or of soliciting the right to collect or receive payment for another of any claim, or advertise, or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim, or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained a license as hereinafter specified.

      Sec. 2.  The following terms as used in this article shall be taken to have the meaning expressed in this section. The term “Collection Agency” shall mean and include all persons, firms, corporations and voluntary associations engaging directly or indirectly and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another, except attorneys at law as specified in section 14 and individuals regularly employed on a regular wage or salary, in the capacity of credit men or in other similar capacity upon the staff of employees of any person, firm, corporation or voluntary association not engaged in the business of a collection agency; also, excepting banks; nonprofit cooperative associations; abstract companies doing an escrow business; duly licensed real estate agents. The term “claim” shall mean any and all obligations for the payment of money or its equivalent arising in the usual course of any business or professional occupation. The term “customer” shall mean any and all persons, firms, corporations or voluntary associations authorizing or employing a collection agency for any of the purposes permitted or authorized by this article.

      Sec. 3.  Application for such license shall be made in writing to the secretary of state of the State of Nevada, and shall state the name of the applicant together with the name under which the applicant does, or expects to do business, with full business address and residence, including street and number, the character of business sought to be carried on, the locations by street and number where the same is intended to be transacted and in the case of a firm the full names and residence addresses of all partners; and in the case of a corporation or voluntary association the name and residence address of each of the directors and officers thereof.

 

 

 

 

 

 

 

 

 

 

 

Collection agencies must be licensed

 

 

 

 

 

Collection agencies defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application for license made to secretary of state


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ê1931 Statutes of Nevada, Page 450 (CHAPTER 237, AB 247)ê

 

 

 

 

 

 

 

Applicant must file bond

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Secretary of state to issue license; what to contain

 

 

 

 

 

 

Fee for license; renewal

intended to be transacted and in the case of a firm the full names and residence addresses of all partners; and in the case of a corporation or voluntary association the name and residence address of each of the directors and officers thereof. Such application shall be subscribed by the applicant and duly acknowledged as required for deeds to be recorded, and shall be filed with the secretary of state, together with the bond required by the next section.

      Sec. 4.  The applicant shall file with the application a bond which shall run to the people of the State of Nevada, in the sum of one thousand dollars, and shall be conditioned that the principal, who shall be the applicant, who shall have been a resident of the State of Nevada for at least six months prior to the application, shall and will, upon demand in writing, pay and turn over to or for the use of any customer from whom any claim is taken or received for collection the proceeds of such collection, in accordance with the terms of the agreement made between the said principal and the said customer, and conditioned that the principal will comply with all requirements of this or of any other statute now in force or hereafter enacted with respect to the duties, obligations and liabilities of collection agencies. Such bond shall cover all matters placed with said licensee during the term of said license so applied for, or renewal thereof and liability thereunder shall continue in accordance with the provisions of section 10, and the bond be made and executed by the principal with at least two good and sufficient sureties who shall be residents and freeholders within the State of Nevada, each of whom shall quality in the sum of one thousand dollars ($1,000).

      Sec. 5.  Upon receiving and filing such application and bond, and upon payment of the license fee hereinafter provided, the secretary of state shall grant and issue a license to the applicant which shall state the name of the licensee and the locations by street and number where the licensee is authorized to carry on business, together with the number and date of such license, and shall further state that it is issued pursuant to this act, and that the licensee is duly authorized hereunder. Upon receipt of such license the licensee shall have the right to conduct the business of a collection agency with all the powers and privileges contained in and to be subject to all the provisions of this act.

      Sec. 6.  Before the applicant shall be entitled to receive a license hereunder he shall pay to the secretary of state for the initial license a fee in the sum of twenty-five dollars, and for each renewal license fee in the sum of fifteen dollars. All moneys so received by the secretary of state shall be turned into the state treasury to constitute a fund from which the expenses of carrying out the provisions of this act shall first be defrayed, any balance remaining to go annually into the general funds of the state.


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ê1931 Statutes of Nevada, Page 451 (CHAPTER 237, AB 247)ê

 

first be defrayed, any balance remaining to go annually into the general funds of the state.

      Sec. 7.  Upon removal from any location as stated in any license issued hereunder the licensee shall, within five days thereafter, deposit said license with the secretary of state, accompanying same with written notification of such removal, and the secretary of state shall note said removal upon the face of the license, and shall enter in his records in an appropriate place therefor a notation of such removal and shall thereupon return said license.

      Sec. 8.  Each license must be framed in a suitable frame under glass, and hung upon the walls of the place of business therein designated in a conspicuous place, but such license shall not be transferable, and shall be valid and effectual until the first day of July next ensuing the date thereof unless previously revoked.

      Sec. 9.  On or before the first day of June in each year any licensee desiring a renewal of the expiring license shall file in the office of the secretary of state a renewal application, in form and text like the original application, stating in addition to the matters required in the original application the date and number of the expiring license, and shall pay to the secretary of state the renewal license fee, whereupon the secretary of state shall issue to such applicant a renewal license to be dated on the first day of July next ensuing the date of the application in form and text like the original license hereinbefore provided for, except that, in addition to the facts therein set forth, such renewal shall show the date and number of the earliest license issued to the licensee and shall bear across its face the word “renewal” in conspicuous letters. All requirements of this act with respect to original licenses and bonds apply with like force to all renewal licenses and bonds except as otherwise specified in this section.

      Sec. 10.  No action shall be brought upon any bond hereinbefore required to be given and filed, after the expiration of two years from the revocation or expiration of the license issued thereunder. From and after the expiration of said period of two years, all liability of the surety or sureties upon the said bond shall cease; provided, no action shall have been commenced upon said bond before the expiration of the said period.

      Sec. 11.  The secretary of state shall have the power upon the filing with him of a complaint under oath against any licensee to require, under oath, and within ten days after notice to such licensee a reply to said complaint, and the secretary of state may, upon proper cause shown, extend the time of filing such reply, not to exceed sixty days. Should such reply when filed be deemed insufficient by the secretary of state or should the charges not have been withdrawn, and should the complaint contain allegations of fraud, the secretary of state shall have power to visit and inspect the books, papers and records of such licensee, through one or more inspectors attached to his office and to be appointed by him, and to take any action under any provision of this act which the result of such inspection may indicate to be appropriate.