[Rev. 12/19/2019 5:54:57 PM]

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ê1933 Statutes of Nevada, Page 177ê

CHAPTER 137, SB 151

[Senate Bill No. 151–Committee on Mines and Mining]

 

Chap. 137–An Act to amend an act entitled “An act establishing a bureau of mines of the State of Nevada; providing for its control and management, the appointment of a director, and fixing his qualifications, defining the objects, duties and purposes of said bureau of mines, and providing for an annual appropriation for the support and maintenance thereof,” approved March 29, 1929.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, the same being section 4199 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  There is hereby established a bureau of mines of the State of Nevada, which shall be under the direction of the board of regents of the University of Nevada, who shall serve without compensation, but who shall be reimbursed for the actual expenses incurred in the performance of their official duties. The said board may appoint as director a competent mining engineer to be known as the director of the bureau of mines.

      Sec.2.  Section 7 of the above-entitled act, the same being section 4205 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 7.  The sum of one hundred dollars ($100) for each of the next two fiscal years, or as much thereof as may be necessary, is hereby appropriated from the general fund for the purpose of carrying out the provisions of this act.

      Sec.3.  This act shall be in force and effect from and after July 1, 1933.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bureau of mines

 

 

 

 

 

 

 

Appropriation, $100

 

 

In effect

 

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CHAPTER 138, SB 148

[Senate Bill No. 148–Senator Dressler]

 

Chap. 138–An Act for the relief of Ed. C. Peterson.

 

[Approved March 22, 1933]

 

      Whereas, It was necessary for Ed. C. Peterson, duly elected state controller, while in the proper discharge of his duties as ex officio insurance commissioner, during the months of February and March, 1932, to make two trips to San Francisco, thereby incurring an expense of fifty-two dollars and thirty-five cents ($52.35), which was paid by said Ed. C. Peterson; and

      Whereas, No appropriation for traveling expenses has been made for the office of state controller and ex officio insurance commissioner; now, therefore,

 

 

 

 

 

 

Preamble


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ê1933 Statutes of Nevada, Page 178 (CHAPTER 138, SB 148)ê

 

 

 

 

 

 

 

Relief for Ed. C. Peterson

 

 

Appropriation, $52.35

 

In effect

been made for the office of state controller and ex officio insurance commissioner; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of fifty-two dollars and thirty-five cents ($52.35) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the payment of said claim.

      Sec.2.  The state controller is hereby directed to draw his warrant in favor of Ed. C. Peterson for said sum of fifty-two dollars and thirty-five cents ($52.35), and the state treasurer is hereby directed to pay the same.

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

 

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CHAPTER 139, SB 180

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 180–Senator Getchell]

 

Chap. 139–An Act for the relief of F. N. Fletcher, Otto T. Williams, J. C. Kinnear, Jas. F. Robison, Otto F. Heizer, members of the state board of education, for expenses.

 

[Approved March 22, 1933]

 

      Whereas, F. N. Fletcher, Otto T. Williams, J. C. Kinnear, Jas. F. Robison, and Otto F. Heizer were appointed members of the state board of education under the provisions of an act of the legislature of the State of Nevada, approved March 27, 1931, by the terms of which act it was intended that said members should receive no salary but should receive their actual expenses in attending required meetings of said board; and

      Whereas, In pursuance of their appointment as such they have made attendance upon the board as required by said act, and have expended the following sums on account thereof, to wit:

             F. N. Fletcher...........................................................      $46.80

             Otto T. Williams.....................................................        24.00

             J. C. Kinnear............................................................      176.00

             Jas. F. Robison.......................................................      180.00

             Otto F. Heizer..........................................................      172.28

                                                                                                    $599.08; and

 

      Whereas, Their claims for such expenses have been duly allowed by the board of examiners, and rejected by the state controller for the reason that the said act is indefinite as to the amount that might be allowed to members of said board for expenses; now, therefore,


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ê1933 Statutes of Nevada, Page 179 (CHAPTER 139, SB 180)ê

 

the amount that might be allowed to members of said board for expenses; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of $599.08 is hereby appropriated out of any money in the state distributive school fund of the state treasury, not otherwise appropriated, for the payment of the above claims, and the state controller is hereby directed to draw his warrants in favor of the following persons, in the amounts set after their respective names, and the state treasurer is directed to favor the same, to wit:

             F. N. Fletcher...........................................................      $46.80

             Otto T. Williams.....................................................        24.00

             J. C. Kinnear............................................................      176.00

             Jas. F. Robison.......................................................      180.00

             Otto F. Heizer..........................................................      172.28

                                                                                                   $599.08

 

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

 

 

 

 

 

 

Relief for members of board of education

 

 

 

 

 

 

 

 

 

 

In effect

 

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CHAPTER 140, SB 145

[Senate Bill No. 145–Senator Heidtman]

 

Chap. 140–An Act providing for the appropriation from the university permanent building fund for payment of asphalt paving on North Virginia street, and for concrete sidewalks on Evans avenue fronting on the property and grounds of the Nevada state university in the city of Reno, Washoe County, Nevada.

 

[Approved March 22, 1933]

 

      Whereas, The city of Reno, a municipal corporation, situate in Washoe County, Nevada, paved a portion of North Virginia street in said city in the year 1931, and constructed a concrete sidewalk on a portion of Evans avenue in said city, said improvements abutting upon the property of the Nevada state university; and

      Whereas, The said improvements were chargeable against the property of the Nevada state university; and

      Whereas, By an act approved March 25, 1931, at the thirty-fifth session of the legislature of the State of Nevada, an appropriation was made for the paving of North Virginia street and for the construction of said sidewalk on Evans avenue, which was designated in said act as East Ninth street; and

      Whereas, The amount appropriated for the paving of the improvement abutting on said grounds of the Nevada state university on North Virginia street was $334.12 less than the actual cost of said improvement; and

 

 

 

 

 

 

 

 

 

Preamble


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ê1933 Statutes of Nevada, Page 180 (CHAPTER 140, SB 145)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation for city of Reno, $633.77

 

 

 

 

 

 

 

 

 

In effect

university on North Virginia street was $334.12 less than the actual cost of said improvement; and

      Whereas, The amount appropriated for the sidewalk on Evans avenue was designated as an improvement on East Ninth street in said act; and

      Whereas, The state controller refused to pay for said improvement on East Ninth street, as the appropriation should have been for Evans avenue; and

      Whereas, The actual cost of the concrete sidewalk on Evans avenue is $304.65; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of $638.77 is hereby appropriated out of the money of the University permanent building fund to pay to the city of Reno for the money expended by said city in the paving of that portion of North Virginia street abutting on the grounds of the Nevada state university, and the construction of a concrete sidewalk on that portion of Evans avenue abutting upon the grounds of the Nevada state university, the cost of paving said North Virginia street being $334.12 and the cost of the sidewalk on Evans avenue being $304.65, and the state controller is hereby directed and required to draw a warrant for the sum of $638.77 in favor of the said city of Reno, and the state treasurer is hereby authorized and required to pay the same upon the presentation of a duly authorized claim for said improvements presented by the city council of the city of Reno, and duly approved by the state board of examiners.

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

 

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CHAPTER 141, Senate Substitute for Senate Bill No. 117

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Douglas County

[Senate Substitute for Senate Bill No. 117–Senator Dressler]

 

Chap. 141–An Act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and matters properly relating thereto, and repealing all acts in conflict therewith.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The following - named officers of Douglas County shall receive, in full payment of all services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of eighteen hundred dollars ($1,800) per annum, payable in twelve monthly installments, which shall be in full and for all services rendered.


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ê1933 Statutes of Nevada, Page 181 (CHAPTER 141, Senate Substitute for Senate Bill No. 117)ê

 

all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that said salary includes all traveling and other expenses in the county, and said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of twelve hundred dollars ($1,200), being full and complete compensation for all services rendered, and for all traveling expenses as such officer; provided, that the sheriff may appoint one deputy sheriff to be known as the deputy sheriff for Gardnerville at the salary to be fixed by the board of county commissioners, but not to exceed the sum of $35 per month during the period of employment, and a second deputy sheriff for the Lake Tahoe district for a period of not to exceed five months in each calendar year beginning in 1933, at a salary to be fixed by the board of county commissioners, but not to exceed $60 per month during the period of employment. The salary of said deputies shall be payable monthly as other county salaries are paid. Said deputies shall not be entitled to any mileage fees or expenses while traveling in the county.

      The county clerk for services as county clerk shall receive the sum of twelve hundred dollars ($1,200) per annum, and for services as ex officio county treasurer the sum of one thousand dollars ($1,000) per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and ex officio county treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The county recorder for services as county recorder shall receive the sum of seven hundred and twenty-five dollars ($725) per annum, and for services as ex officio auditor the sum of six hundred and twenty-five dollars ($625) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor.

Salary of sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk and treasurer

 

 

 

 

 

 

 

 

 

 

Salary of county recorder and auditor


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ê1933 Statutes of Nevada, Page 182 (CHAPTER 141, Senate Substitute for Senate Bill No. 117)ê

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney

 

 

 

 

 

 

Salaries of county commissioners

 

 

 

 

 

 

 

 

Repeal

 

In effect

annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor. The said recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The district attorney for services as district attorney shall receive the sum of twelve hundred and fifty dollars ($1,250) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal advisor for said county. Said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The county commissioners of Douglas County shall receive the sum of four hundred dollars ($400) per annum each, payable quarterly on the last day of March, June, September and December, and mileage at the rate of fifteen cents (15¢) per mile in going to the county seat when attending a session of the board.

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

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

      Sec.3.  This act shall take effect on April 1, 1933.

 

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ê1933 Statutes of Nevada, Page 183ê

CHAPTER 142, SB 171

[Senate Bill No. 171–Senator Getchell]

 

Chap. 142–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 153 of the above-entitled act, being paragraph 5801 N. C. L. 1929, is hereby amended to read as follows:

      Section 153.  The trustees of each school district shall annually expend for library books a sum of money not less than five dollars for each teacher to which the district is entitled, and shall pay for them in the same manner as for other school supplies; provided, that such expenditure shall be optional with boards of school trustees during the years 1933, 1934 and 1935. The books so purchased shall be such as have been approved by the superintendent of public instruction under such rules and regulations as the state textbook commission may prescribe; provided, that districts of first class may purchase suitable books without such restrictions; and provided further, that in case any district shall have failed to expend the required amount by the close of the school year for library books as prescribed in this act, the superintendent of public instruction may deduct from the next semiannual apportionment of the county school fund due such district such part of the required expenditures for library books as the trustees of such district have failed to expend as required in this section, and the amounts so deducted shall be returned to the county school fund of the county in which such district lies.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

School trustees to purchase books for library

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

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CHAPTER 143, SB 203

[Senate Bill No. 203–Committee on Ways and Means]

 

Chap. 143–An Act appropriating the sum of three thousand dollars ($3,000) as a special appropriation for insurance for state employees.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby appropriated out of the general fund of the State of Nevada, the sum of three thousand dollars ($3,000) to be transferred to the fund out of which insurance premiums upon state employees are paid.

 

 

 

 

 

 

 

 

 

 

Appropriation for insurance premiums


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ê1933 Statutes of Nevada, Page 184 (CHAPTER 143, SB 203)ê

 

Duties of treasurer, controller

In effect

      The state treasurer and the state controller are hereby authorized and directed to make the necessary transfers and entries to carry this act into execution.

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

 

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CHAPTER 144, SB 103

 

 

 

 

 

 

 

 

 

 

 

“Nevada Day” to be observed

[Senate Bill No. 103–Senator Winters]

 

Chap. 144–An Act providing for the observance of “Nevada Day” in the State of Nevada, as a holiday.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  That the governor of the State of Nevada is hereby authorized and requested to issue annually, prior to the thirty-first day of October, the anniversary of the admission of the State of Nevada into the Union, which is hereby designated as “Nevada Day,” a proclamation calling upon the state, county, school and city officials to display the United States flag on all state, county and school buildings, and the people of the state generally to display the United States flag at their homes, lodges, churches and places of business, and other suitable places, on said thirty-first day of October, and that the people generally observe said holiday with suitable exercises of a public nature.

 

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CHAPTER 145, SB 52

 

[Senate Bill No. 52–Committee on Ways and Means]

 

Chap. 145–An Act to amend “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith,” approved February 3, 1928.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act, being paragraph 6943 N. C. L., as amended, Statutes of 1931, page 204, is hereby further amended to read as follows:


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ê1933 Statutes of Nevada, Page 185 (CHAPTER 145, SB 52)ê

 

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

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

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

Traveling expenses of state officers limited

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

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CHAPTER 146, SB 167

[Senate Bill No. 167–Senator Heidtman]

 

Chap. 146–An Act authorizing and empowering the city council of the city of Reno, county of Washoe, State of Nevada, to convey a certain parcel of real estate to the United States of America.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The city council of the city of Reno is hereby authorized and empowered to convey by deed to the government of the United States of America, as a site for a veterans’ hospital, such land as may be necessary for the use of said hospital, and the construction of buildings thereon, in Idlewild park in the city of Reno, within the following described boundaries: Commencing at a point which is south 88° 59' west 1,646 feet plus or minus from section corner common to sections 10, 11, 14, 15, T. 19 N., R. 19 E., M. D. B. & M., thence northerly 210 feet; thence westerly 1,230 feet; thence southerly 310 feet; thence easterly 1,200 feet to point of beginning, for and in consideration of the agreement by the United States government to construct a hospital thereon for disabled veterans, and to maintain the same.

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

 

 

 

 

 

 

 

 

 

 

 

City of Reno to transfer land to federal government for veterans’ hospital

 

 

 

 

 

 

In effect

 

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ê1933 Statutes of Nevada, Page 186ê

CHAPTER 147, SB 157

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees may be assessed against father

 

 

 

 

 

In effect

[Senate Bill No. 157–Senator Scott]

 

Chap. 147–An Act to amend section 6 of an act entitled “An act relating to children born out of wedlock and matters pertaining thereto, and to make uniform the law relating thereto,” approved March 8, 1923.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act, being paragraph 3410 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  Proceedings to compel support by the father may be brought in accordance with sections 7 to 28 of this act, and no filing fees or other fees, charges, or court costs shall be charged for bringing or maintaining the same, but the usual filing fees, charges, or court costs, as aforesaid, may by the court be assessed against the father and enforced with the other provisions of the judgment as in section 23 hereof provided. They shall not be exclusive of other proceedings that may be available on principles of law or equity.

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

 

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CHAPTER 148, SB 191

 

 

 

 

 

 

 

 

 

 

 

Incorporated cities may buy, sell or exchange property

[Senate Bill No. 191–Senator Henderson]

 

Chap. 148–An Act authorizing incorporated cities, by and through their proper officers, to buy, sell, or exchange property in certain cases, and for certain purposes, providing the method therefor, and other matters relating thereto.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Any city incorporated under the laws of the State of Nevada, may, in addition to the special powers granted by the terms of its charter, or by any general law existing, have the power and the authority to buy, sell, or exchange property, when deemed necessary or proper to realign, change, vacate or otherwise adjust any of the streets, alleys, avenues, or other thoroughfares, or portions thereof, within its limits, in the following manner:

      Whenever a petition signed by all property holders owning or controlling property in any block, lot, area or parcel of land abutting on any street, alley, avenue or other thoroughfare, which may be affected by realignment, change, vacation or adjustment, shall be presented to any city council, praying to have such street, alley, avenue or other thoroughfare in said block, lot, area or parcel of land realigned, changed,


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ê1933 Statutes of Nevada, Page 187 (CHAPTER 148, SB 191)ê

 

vacation or adjustment, shall be presented to any city council, praying to have such street, alley, avenue or other thoroughfare in said block, lot, area or parcel of land realigned, changed, vacated or otherwise adjusted, the city council shall have the authority to make such realignment, change, vacation, or other adjustment, as it may deem proper, with the power to any city council to buy, sell, or exchange city property, including portions of streets, alleys, avenues, or other thoroughfares, in order to carry out any necessary realignment, change, vacation, or other adjustment, as hereinbefore set out, whenever a majority of the city council of any city may deem the same to be for the best interests of any city.

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

Powers of city council

 

 

 

 

 

 

 

 

In effect

 

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CHAPTER 149, AB 243

[Assembly Bill No. 243–Mr. Hamlin]

 

Chap. 149–An Act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney-general to remit fines and forfeitures, commute punishments, and grant pardons after convictions; create the state board of parole commissioners, define its powers and duties, and matters relating thereto.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The state board of pardons and parole commissioners shall consist of the governor, justices of the supreme court and attorney-general.

      Sec.2.  Whenever acting as a board of pardons, the governor, justices of the supreme court and attorney-general, or the major part of them, the governor being one, shall remit any judgment of fine or forfeiture, a certificate reciting the fine or forfeiture remitted, duly signed and attested with the great seal of the state, shall be filed in the clerk’s office of the court wherein the judgment of fine or forfeiture was entered, and the clerk shall make an entry in the judgment docket or other proper place, showing that the fine or forfeiture is remitted, which filing and entry shall be evidence of the satisfaction thereof.

      Sec.3.  Whenever any punishment involving the death penalty is commuted, a statement in writing shall be made out and signed, reciting the name of the person whose punishment is commuted, and the time and place where convicted; also, the amount, kind and character of punishment substituted instead of the death penalty, and the place where the substituted punishment is to be served out or suffered, and directed to the proper officer or authority charged by law with the safe-keeping and execution of the punishment, which statement, attested with the great seal of this state, shall be sufficient authority for such officer or authority to receive and retain the person named in the statement as therein directed, and the officer or authority named in the statement must receive the person whose punishment has been commuted, and retain him as directed.

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of pardons and parole

Procedure when judgment is remitted

 

 

 

 

 

 

Procedure where death penalty is involved


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ê1933 Statutes of Nevada, Page 188 (CHAPTER 149, AB 243)ê

 

 

 

 

 

 

 

Form for certificate asking remittal of fine or punishment

 

 

 

 

Copies shall be served, on whom

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judges and district attorneys to furnish board with evidence

and directed to the proper officer or authority charged by law with the safe-keeping and execution of the punishment, which statement, attested with the great seal of this state, shall be sufficient authority for such officer or authority to receive and retain the person named in the statement as therein directed, and the officer or authority named in the statement must receive the person whose punishment has been commuted, and retain him as directed.

      Sec.4.  Any person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or some one in his behalf, shall make out quadruplicate copies of notices in writing of such application, specifying therein the court in which the judgment was rendered, the amount of the fine or forfeiture, or kind or character of punishment, the name of the person in whose favor the application is to be made, the particular grounds upon which the application will be based, and the time when it will be presented.

      Sec.5.  One of such copies shall be served upon the district attorney and one on the district judge of the county wherein the conviction was had; the triplicate copy shall be served upon the warden of the Nevada state prison and the original copy shall be filed with the clerk of the board of pardons; provided, in cases of fines and forfeitures a similar notice shall also be served on the chairman of the board of county commissioners. The notice shall be served, as herein provided, at least thirty days prior to the presentation of the application, unless a member of the board of pardons, for good cause, prescribes a shorter time. When a pardon is granted for any offense committed, such pardon may or may not include restoration to citizenship. If the pardon include restoration to citizenship, it shall be so stated in the instrument or certificate of pardon; and when granted upon conditions, limitations, or restrictions, the same shall be fully set forth in the instrument as aforesaid. Whenever clemency shall have been granted by the board there shall be served upon the warden of the state prison, or other officer having the person in custody, an order to discharge him or her therefrom upon a day to be named in said order, upon the conditions, limitations or restrictions named therein.

      Sec.6.  It shall be the duty of all district judges, attorneys, and county commissioners receiving notice of an application for a pardon, commutation or remission of punishment, or fine or forfeiture, to transmit forthwith to the board of pardons a statement in writing of all matters within their knowledge affecting the merits of such application.

      Sec.7.  Any member of the board of pardons or parole commissioners shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for a pardon, or the commutation of a punishment, or the remission of a fine or forfeiture or for parole; and any district judge, county clerk, or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same.


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

ê1933 Statutes of Nevada, Page 189 (CHAPTER 149, AB 243)ê

 

commissioners shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for a pardon, or the commutation of a punishment, or the remission of a fine or forfeiture or for parole; and any district judge, county clerk, or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same.

      Sec.8.  Every person having taken a lawful oath, or made affirmation in an application to the board of pardons or parole commissioners for a pardon or commutation of punishment, or the remission of a fine or forfeiture or for parole, who shall swear or affirm willfully, corruptly, and falsely in any matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than one nor more than fourteen years.

      Sec.9.  No notice shall be required of an application for a restoration to citizenship to take effect at the expiration of a term of imprisonment, or for the commutation of the death penalty.

      Sec.10.  The fines and forfeitures herein mentioned shall not be so construed as to include the remittance or discharge from liability on any bail bond.

      Sec.11.  When acting as a board of parole commissioners, the governor, justices of the supreme court and attorney-general, or the major part of them, shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison, and who shall have served one calendar year, less good time credits, of the term for which he was sentenced and who has not previously been more than three times convicted of a felony and served a term in a penal institution or who is imprisoned in a county jail, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board of parole commissioners, and subject at any time to be taken within the inclosure of said state prison or county jail.

      Sec. 12.  Applications for parole from the state prison or county jail shall be made in triplicate on forms prescribed by the board of parole commissioners from time to time, and shall contain such data as will assist the board in determining whether clemency should be granted. The original and a duplicate copy of such application shall be promptly transmitted by the clerk of the board to the district attorney of the county from whence the prisoner was committed, who shall indorse upon the original his recommendation in the premises, and shall secure from the district judge or committing magistrate his recommendation, and such original shall immediately thereafter be returned to the board of parole commissioners.

Board members have authority to administer oaths

 

 

Penalty for swearing falsely

 

 

 

 

 

 

When notices not required

 

Bail bond not included

 

Board to establish rules

 

 

 

 

 

 

 

 

 

Petitions for parole to be made in triplicate


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

ê1933 Statutes of Nevada, Page 190 (CHAPTER 149, AB 243)ê

 

 

 

 

Triplicate to be retained by warden or sheriff

 

 

 

Life prisoners must serve at least seven years

 

 

 

 

 

 

Rules relating to paroled prisoners

 

 

 

 

 

 

 

 

Paroled prisoners to report once a month

 

 

 

Chief clerk at prison to be secretary

shall indorse upon the original his recommendation in the premises, and shall secure from the district judge or committing magistrate his recommendation, and such original shall immediately thereafter be returned to the board of parole commissioners.

      The triplicate copy of such application shall be retained by the warden of the state prison or the sheriff in county jail cases. Meetings for the purpose of considering applications for clemency shall be held semiannually or oftener, on such dates as may be fixed by the board.

      Sec.13.  They shall have full power to make and enforce rules and regulations covering the conduct of paroled prisoners, and to retake or cause to be retaken and imprisoned any prisoner so upon parole whose written order certified to by the secretary of the board shall be sufficient warrant for all officers named therein to authorize such officers to return to actual custody any conditionally released or paroled prisoner, and it is hereby made the duty of all sheriffs, officers and members of the state police, constables, chiefs of police and all prison or other peace officers to execute any such order in like manner as ordinary criminal process; provided, however, that no prisoner imprisoned under the sentence for life shall be paroled until he has served at least seven calendar years.

      If any prisoner so paroled shall leave the state without permission from said board he shall be held as an escaped prisoner and arrested as such; provided further, if a parole shall be lawfully revoked and the prisoner shall thereafter be returned to the Nevada state prison or county jail, he shall forfeit all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board of parole commissioners; and provided further, that if any prisoner shall escape and thereafter be recaptured, no good time credits shall be allowed for at least one calendar year thereafter, and he shall serve such portion of his original sentence as may be determined by the state board of parole commissioners.

      Sec.14.  All paroled prisoners who have been convicted of a felony shall be required to report to the secretary of the board at least once a month during the time they are on parole, and all paroled prisoners who have been convicted of a misdemeanor shall be required to report at least twice a month except in case of sickness or for other good cause shown.

      Sec.15.  The chief clerk of the Nevada state prison shall be secretary of such board, and it shall be his duty to attend to the reports, and advise said board of any case of violation of the conditions of the parole, and perform such other duties as the board may require, without additional compensation.


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

ê1933 Statutes of Nevada, Page 191 (CHAPTER 149, AB 243)ê

 

as the board may require, without additional compensation.

      Sec.16.  Those acts entitled “An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney-general to remit fines and forfeitures, commute punishments, and grant pardons after convictions,” approved February 8, 1867, as amended, Statutes 1875, 79;

      An act entitled “An act to establish a board of parole commissioners for the parole and government of paroled prisoners,” approved March 25, 1929, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

Repeal

 

________

 

CHAPTER 150, AB 150

[Assembly Bill No. 150–Mr. Kenny]

 

Chap. 150–An Act to amend section 82 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being paragraph 8580 Nevada Compiled Laws 1929.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 82 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being paragraph 8580 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 82.  Every incorporated company or association created and existing under the laws of any other state, or territory, or foreign government, or the government of the United States, owning property or doing business in this state, shall appoint and keep in this state an agent, who may be either an individual or a domestic corporation, upon whom all legal process may be served for such corporation or association. Such corporation shall file a certificate, properly authenticated by the proper officers of such company, with the secretary of state, specifying the full name and residence of such agent, which certificate shall be renewed by such company as often as a change may be made in such appointment, or vacancy shall occur in such agency.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Foreign corporations must have agent residing in this state

 

________

 

 


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

ê1933 Statutes of Nevada, Page 192ê

CHAPTER 151, SB 162

 

 

 

 

 

 

 

 

 

 

 

 

 

Continuity of publication of newspaper may not be affected, when

 

 

 

 

 

 

 

 

 

 

 

 

 

Causes for suspension

 

 

Publication of legal notices

[Senate Bill No. 162–Senator Henderson]

 

Chap. 151–An Act to amend an act entitled “An act to define legal notices and newspapers in which such notices may be legally published,” approved March 11, 1925, as amended.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 3 of the above-entitled act, being paragraph 4702 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly or a weekly newspaper of general circulation and printed in whole or in part in the county in which such notice or advertisement is required to be published; which said newspaper, if published triweekly, semiweekly or weekly, shall have been so published in such county, continuously and uninterruptedly, during the period of at least fifty-two consecutive weeks next prior to the first issue thereof containing any such notice or advertisement, and which said newspaper, if published daily, shall have been so published in such county, uninterruptedly and continuously, during the period of at least one year next prior to the first issue thereof containing any such notice or advertisement; provided, that the mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county, shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within such county as herein provided; provided further, that a newspaper shall not lose its rights as a legal publication if any of the following conditions maintain:

      1.  If by reason of a strike or other good cause it should suspend publication; provided, the period shall not exceed thirty days in any calendar year.

      2.  If by reason of generally recognized economic stress of a serious nature over which the publisher has no control, it shall be necessary to suspend publication for a period not to exceed one year; provided, however, that the provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of five years prior to such suspension; provided, that any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal, if publication has been made in one issue of said publication, and is resumed within a reasonable period; provided further, that if any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.


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

ê1933 Statutes of Nevada, Page 193 (CHAPTER 151, SB 162)ê

 

and is resumed within a reasonable period; provided further, that if any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.

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

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 152, AB 299

[Assembly Bill No. 299–Messrs. Hatton and McAuliffe]

 

Chap. 152–An Act to amend section 22 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, as amended.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 22 of the above-entitled act, being section 9621 N. C. L. 1929, is hereby amended to read as follows:

      Section 22.  (a) A will duly proved, allowed and admitted to probate outside of this state, may be allowed and recorded in the proper court of any county in this state in which the testator shall have left any estate.

      (b) When a copy of the will and the probate thereof, duly authenticated, shall be presented by the executor, his nominee, or by any other person interested in the will, with a petition for probate, the same must be filed and a time must be appointed for a hearing thereon, and such notice must be given as required by law on a petition for the original probate of a domestic will.

      (c) If upon the hearing it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of this state, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will.

      (d) When a duly authenticated copy of a will from any state or country where probate is not required by the laws of such state or country, with a duly authenticated certificate of the legal custodian of such original will that the same is a true copy, and that such will has become operative by the laws of such state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof (the laws of which state or country require that such will remain in the custody of such notary), duly authenticated by such notary, is presented by the executor, his nominee, or other persons interested to the proper court in this state, such court shall appoint a time and place of hearing and notice thereof shall be given as in case of an original will presented for probate.

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning the probating and recording of wills


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

ê1933 Statutes of Nevada, Page 194 (CHAPTER 152, AB 299)ê

 

Authenticated copy to be treated as original

 

 

 

 

 

 

 

 

In effect

a true copy, and that such will has become operative by the laws of such state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof (the laws of which state or country require that such will remain in the custody of such notary), duly authenticated by such notary, is presented by the executor, his nominee, or other persons interested to the proper court in this state, such court shall appoint a time and place of hearing and notice thereof shall be given as in case of an original will presented for probate.

      If it appear to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the said court.

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

 

________

 

CHAPTER 153, AB 168

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of stock commissioners to consist of three members to be named by the governor

[Assembly Bill No. 168–Messrs. Anderson and Stewart]

 

Chap. 153–An Act to amend an act entitled “An act relating to cattle, horses, hogs and other domesticated animals and poultry, excepting sheep and goats, creating a state board of stock commissioners, defining their powers and duties in regulating and controlling such stock and protecting the same against loss from disease, theft, and other injurious agencies, providing for the payment of certain indemnities on live stock condemned and destroyed, providing for the payment of bounties on certain noxious animals, providing for a tax levy to carry out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto,” approved March 26, 1915, as amended.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act, being paragraph 3827 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  The state board of stock commissioners, hereinafter called the board, shall consist of three (3) members, all of whom shall be experienced stockmen, no two of whom shall be from the same county, said members to be appointed by the governor, and to hold office for four years, and until their successors are duly appointed and qualified, except as herein provided. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of secretary of state.


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

ê1933 Statutes of Nevada, Page 195 (CHAPTER 153, AB 168)ê

 

subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of secretary of state. The members of the board shall each receive for their services ten dollars ($10) per day and actual transportation expenses while in discharge of their duties. Said salary and expenses shall be paid from the state treasury. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board must hold meetings quarterly, and oftener if requested by any member of the board; provided, that upon the termination of the term of office of the persons now constituting said board, that the governor shall appoint three persons as members of said board, the terms of such appointments and the appointees to serve on said board for the period of two, three, and four years, respectively, as indicated in the appointments; that thereafter the members shall be appointed and serve for a term of four years as herein provided.

      Sec.2.  Section 4 of the above-entitled act, being paragraph 3829 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  The board of county commissioners, at the time of the annual levy of taxes, must, at the request of the board, levy the rate of tax recommended by the board, not to exceed two (2) mills on the dollar per annum, on all cattle, horses, and hogs assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as other taxes, and paid to the state treasurer, who must keep the same in a separate fund to be known as the stock inspection fund.

      The board may invest any surplus or reserve money in said fund in United States, state, or county bonds of Nevada, such bonds to bear interest at a rate of not less than four per cent (4%) per annum; the state treasurer may, with the approval of the state board of finance, deposit all reserve funds not so invested with banking corporations of the State of Nevada, upon the filing of approved securities, at a rate of interest of not less than three per cent (3%) per annum. All revenue derived from interest on such funds and bonds to be collected by the state treasurer and deposited in the stock inspection fund account.

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

Bond, per diem, and terms of office of commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax rate for support of board

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 196ê

CHAPTER 154, AB 310

 

 

 

 

 

 

 

 

 

 

County commissioners may compromise damage claims

 

 

 

 

 

 

 

 

 

 

 

Counties excepted

 

 

Act to expire

 

In effect

[Assembly Bill No. 310–Mr. Bugbee]

 

Chap. 154–An Act to provide for the payment of claims and demands against counties in settlement and discharge of moral obligations, in certain cases.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Whenever any claim or demand is presented against any county in this state, by an inhabitant of this state, for any damage to, or loss or misfortunes suffered or expense incurred by, the claimant, and said claim or demand is founded or based upon any moral obligation of such county to such claimant, the officers of such county are authorized to settle, compromise and make payment on account of such claim and to approve, audit, allow and pay the same. When the board of county commissioners shall approve and allow any such claim the county auditor shall audit and allow the same without change and draw his warrant in payment thereof and the county treasurer shall pay the same; provided, that the board of county commissioners shall consider and pay due regard to the provisions of any insurance policy or policy or contract of indemnity against liability or loss to which the county may be a party. Any claim where the damages, loss, expense incurred or misfortunes suffered were occasioned by the wrongful act of any sheriff or his deputy or deputies is hereby defined to be a claim based upon a moral obligation of such county.

      Sec.2.  That this act shall not apply to nor affect any county or the officers thereof in which the total vote cast for representative in congress at the general election in 1932 was less than 12,000 votes.

      Sec.3.  This act shall expire by limitation in six months after its passage and approval.

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

 

________

 

CHAPTER 155, SB 152

 

 

 

 

 

 

 

 

 

 

When a mining partnership exists

[Senate Bill No. 152–Senator Scott]

 

Chap. 155–An Act defining and providing for mining partnerships and other matters relating thereto.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  When a Mining Partnership Exists.  A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same.


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

ê1933 Statutes of Nevada, Page 197 (CHAPTER 155, SB 152)ê

 

acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same.

      Sec.2.  Express Agreement Not Necessary to Constitute.  An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interests in the mine, and working the same for the purpose of extracting the minerals therefrom.

      Sec.3.  Profits and Losses, How Shared.  A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he owns in the mine bears to the whole partnership capital or whole number of shares.

      Sec.4.  Lien of Partners.  Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him for its use.

      Sec.5.  Mine Partnership Property.  The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property.

      Sec.6.  Partnership Not Dissolved by Sale of Interest.  One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser, from the date of his purchase, becomes a member of the partnership.

      Sec.7.  Purchaser Takes Subject to Liens, Unless, Etc.  A purchaser of an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he purchased in good faith, for a valuable consideration, without notice of such lien.

      Sec.8.  Takes with Notice of Lien, When.  A purchaser of the interest of a partner in a mine, when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other, and to the creditors of the partnership.

      Sec.9.  Contract in Writing, When Binding.  No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof.

      Sec.10.  Owners of Majority of Shares Govern.  The decision of the members owning a majority of the shares or interest in a mining partnership binds it in the conduct of its business.

      Sec.11.  Nothing herein contained shall prevent persons described in section 1 of this act from forming a partnership under either the uniform partnership act or the uniform limited partnership act.

 

 

Express agreement not necessary to constitute

 

 

 

Profits and losses, how shared

 

Lien of partners

 

 

Mine partnership property

 

Partnership not dissolved by sale of interest

 

Purchaser takes subject to liens, unless, etc.

 

 

 

Takes with notice of lien, when

 

 

Contract in writing, when binding

 

Owners of majority of shares govern


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

ê1933 Statutes of Nevada, Page 198 (CHAPTER 155, SB 152)ê

 

May form partnership

 

In effect

described in section 1 of this act from forming a partnership under either the uniform partnership act or the uniform limited partnership act.

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

 

________

 

CHAPTER 156, SB 201

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Transfer of fund

 

 

 

Officers to make transfer

In effect

[Senate Bill No. 201–Committee on Ways and Means]

 

Chap. 156–An Act providing for the transfer of ten thousand dollars ($10,000) from the contractors’ license fund to the general fund of the State of Nevada.

 

[Approved March 22, 1933]

 

      Whereas, There is in that certain fund known as the contractors’ license fund, created under the provisions of that certain act of the legislature of the State of Nevada, approved March 27, 1931, a sum of money approximately nineteen thousand dollars ($19,000); and

      Whereas, The said fund contains a surplus above any present need; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  There is hereby transferred from the contractors’ license fund, created by that certain act of the legislature of the State of Nevada, approved March 27, 1931, the sum of ten thousand dollars ($10,000) to the general fund of the State of Nevada.

      Sec.2.  The state controller and the state treasurer are hereby directed to make the said transfer, and make proper entries thereof.

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

 

________

 

CHAPTER 157, SB 174

 

 

 

 

 

 

Preamble

[Senate Bill No. 174–Committee on Ways and Means]

 

Chap. 157–An Act providing for the reversion of certain funds.

 

[Approved March 22, 1933]

 

      Whereas, There is now remaining in the general fund of the State of Nevada the sum of thirty-five hundred dollars ($3,500) appropriated under the provisions of that certain act of the legislature of the State of Nevada entitled “An act to provide for the investigation of mineral resources of the State of Nevada, and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and providing an appropriation for the expense thereof,” approved March 3, 1931; now, therefore,


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

ê1933 Statutes of Nevada, Page 199 (CHAPTER 157, SB 174)ê

 

act to provide for the investigation of mineral resources of the State of Nevada, and for geological recognizance and topographical surveys in cooperation with the United States geological survey, and providing an appropriation for the expense thereof,” approved March 3, 1931; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  The sum of thirty-five hundred dollars ($3,500), being a balance of unexpended funds provided for by the terms of the above-entitled act, is hereby declared reverted and transferred to the general fund of the State of Nevada.

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

 

 

 

 

 

 

 

 

 

Transfer of fund

 

In effect

 

________

 

CHAPTER 158, SB 199

[Senate Bill No. 199–Senator Henderson]

 

Chap. 158–An Act giving authority to incorporated cities in the State of Nevada to fix, impose and collect a license tax on, and regulate the sale of beer, wines or other beverages now or hereafter authorized to be sold by act of Congress, and other matters properly relating thereto.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  In addition to any authority or power now provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is hereby granted the authority and power to each of the cities incorporated under any law of the State of Nevada the power and authority to fix, impose, and collect a license tax on, and regulate the sale of beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.

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

 

 

 

 

 

 

 

 

 

 

 

 

Incorporated cities to impose beer licenses

 

 

 

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 200ê

CHAPTER 159, SB 126

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State highway department to cooperate with labor commissioner in enforcing law

 

 

 

 

 

 

 

 

No charge for transportation

[Senate Bill No. 126–Senator Branson]

 

Chap. 159–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended, by adding a new section to be designated as section 23a, providing that the state highway department shall cooperate with the state labor commissioner for certain purposes.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act is hereby amended by adding a new section to be designated as section 23a, and to be inserted immediately following the close of paragraph 5346 Nevada Compiled Laws 1929, to read as follows:

      Section 23a.  The state highway department shall cooperate with the state labor commissioner in the enforcement of the state labor laws in so far as such labor laws have to do with labor performed in construction, maintenance and repair of roads and highways under the jurisdiction of said state highway department. Said state highway department shall require that any work done, either by contract or day’s pay, shall be paid for at the legal wage as fixed by law, and that the federal emergency laws for the relief of unemployment, which provide that only local help shall be employed, shall be enforced. And it is hereby provided, that where any contractor shall have violated the law in the particulars set forth in this section three times in any one year it shall be the duty of said state highway department to refuse such contractor the right to bid on any contract for a period of one year, or to allow such contractor to participate in any contract as subcontractor or in any manner whatever during such period.

      No contractor shall be allowed to charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.

      No contractor or contractors on any public highway furnishing board for his or their employees shall be allowed to charge more than one ($1) dollar per day for three substantial meals.

      It shall be the duty of the state highway department and the state labor commissioner to enforce these provisions.

      This act shall not apply to work done directly by any public utility company pursuant to order of the state highway department, or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.


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

ê1933 Statutes of Nevada, Page 201 (CHAPTER 159, SB 126)ê

 

done under public supervision or direction, or paid for wholly or in part out of public funds.

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

 

 

In effect

 

________

 

CHAPTER 160, AB 173

[Assembly Bill No. 173–Mr. Noble]

 

Chap. 160–An Act to amend section 5 of an act entitled “An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1883.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  The fees allowed to sheriffs in the several counties of this state (polling over 800 votes) shall be as follows: For serving a summons and complaint or any other process by which an action or proceeding is commenced, on every defendant, one dollar and fifty cents; for traveling in making such services, per mile, in going only, to be computed in all cases from the courthouse of the county, fifteen cents per mile; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged; for taking bond or undertaking in any case in which he is authorized to take the same, one dollar; for copying any writ, process, or other paper, when demanded or required by law, for each folio, twenty-five cents; for serving every notice, rule or order, fifty cents; for serving a subpena, for each witness summoned, twenty-five cents; for traveling per mile, in serving such subpena or venire, in going only, fifteen cents per mile; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant; for serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, two dollars, with traveling fees as in cases of summons; for serving an attachment on any ship, boat, or vessel in proceedings to enforce any lien thereon, created by law, four dollars; for making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper, one dollar and fifty cents; for commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first five hundred dollars, three per cent; not exceeding one thousand dollars, but over five hundred, one and one-half per cent; and on all sums over fifteen hundred dollars, three-fourths of one per cent; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of one per cent.

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees allowed sheriffs in counties polling over 800 votes


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

ê1933 Statutes of Nevada, Page 202 (CHAPTER 160, AB 173)ê

 

 

 

 

 

 

Fees allowed sheriff

created by law, four dollars; for making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper, one dollar and fifty cents; for commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first five hundred dollars, three per cent; not exceeding one thousand dollars, but over five hundred, one and one-half per cent; and on all sums over fifteen hundred dollars, three-fourths of one per cent; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of one per cent. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on execution, shall be collected from the defendant by virtue of such execution, in the same manner as the same may therein be directed to be made. For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, three dollars; for serving a writ of possession or restitution, putting any person in possession entitled thereto, three dollars; for traveling, in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, in going only, fifteen cents per mile; for attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the treasury, four dollars; for bringing up a prisoner, on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest or detention, or to give bail, one dollar and fifty cents. He shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution, or other process, and of preserving the same as the court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest or trial of right of property, when required, to include all services, except mileage, seven dollars and fifty cents; for attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day, six dollars; for every arrest in a criminal proceeding, two dollars; for serving each subpena in criminal cases, forty cents; for executing every sentence of death, fifty dollars; for summoning a grand jury of twenty-four persons, ten dollars; for summoning each trial juror, thirty cents; for service of any process in criminal cases, the same mileage as in civil cases. In serving subpenas or venires in criminal cases he shall receive mileage for the most distant only, when witnesses and jurors live in the same direction. For all services in justices’ courts, the same fees as are allowed to constables.


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

ê1933 Statutes of Nevada, Page 203 (CHAPTER 160, AB 173)ê

 

services in justices’ courts, the same fees as are allowed to constables.

      Sec.2.  This act shall become effective from and after April 1, 1933.

 

In effect

 

________

 

CHAPTER 161, SB 161

[Senate Bill No. 161–Senator Henderson]

 

Chap. 161–An Act to amend an act entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, as amended.

 

[Approved March 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 8 of the above-entitled act, being section 1942 N. C. L. 1929, is hereby amended so as to read as follows:

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers granted county commissioners in their respective counties


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

ê1933 Statutes of Nevada, Page 204 (CHAPTER 161, SB 161)ê

 

Powers granted county commissioners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

the divisions of the same, and to create new townships as the convenience of the county may require.

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

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

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

      Tenth-To sell at public auction, at the courthouse of said county, after at least thirty days’ previous public notice (in the same manner as required by law for the sale of like property on execution), and cause to be conveyed any property belonging to the county, appropriating the proceeds of such sale to the use of the same.

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

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

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

      Fourteenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business conducted in their respective counties, outside of the limits of incorporated cities and towns.

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

 

________

 

 


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

ê1933 Statutes of Nevada, Page 205ê

CHAPTER 162, AB 107

[Assembly Bill No. 107–Mr. Goodin]

 

Chap. 162–An Act to amend sections 8 and 14, and to repeal sections 8a, 8b, and 8c 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 Nevada Compiled Laws 1929, sections 5328, 5329, 5330, 5331 and 5337, and Statutes 1931, page 155.

 

[Approved March 23, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The highways which are constructed or improved by the department of highways in accordance with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section eight of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows:

      Route 1.  Beginning at a point on the Utah-Nevada state line near Wendover, running thence in a westerly direction through the towns of Wells, Elko, Carlin, Battle Mountain, Winnemucca, Lovelock, Fernley, and Wadsworth to the city of Reno; thence westerly through the town of Verdi and to the Nevada-California state line.

      Route 1a.  Beginning at a point on route 1 at or near Miriam; thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz.

      Route 1b.  Commencing at a point on route 1 at the town of Fernley, Lyon County, thence running in a southerly direction to a connection with route 2b, hereinafter described, at the Towle ranch.

      Route 2.  Commencing at a point on the dividing line between White Pine County and the State of Utah, at or near Ibapah, Utah, thence in southwesterly direction to the city of Ely; thence westerly passing through the towns of Eureka, Austin, Fallon, and Hazen to a junction with route 1, as herein described, at a point between the town of Hazen and the town of Fernley.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Designation of state highways

 

 

 

 

 

 

 

 

 

Route 1

 

 

 

Route 1a

 

 

Route 1b

 

 

Route 2


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

ê1933 Statutes of Nevada, Page 206 (CHAPTER 162, AB 107)ê

 

Route 2a

 

Route 2b

 

 

 

Route 3

 

 

 

 

 

 

 

 

Route 3a

 

Route 4

 

Route 5

 

 

Route 6

 

 

Route 7

 

 

Route 8

 

 

Route 8a

      Route 2a.  Commencing at a point on route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to Carson City.

      Route 2b.  Commencing at a point in township 17 north, range 22 east, on the Leeteville-Carson road, near the Cardelli ranch, thence in a southeasterly direction to the Towle ranch, near Fort Churchill; thence southeasterly to the town of Wabuska; thence southerly to the city of Yerington.

      Route 3.  Commencing at the city of Reno, thence running southerly through the city of Carson City; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to the Nevada-California state line at or near Lakeside; beginning again at Carson City, thence to the town of Yerington by way of Minden, Gardnerville and Wellington; thence to the northerly end of Walker lake by the most available and practicable route; thence along the west side of Walker lake to the town of Hawthorne; thence to and through the towns of Luning, Mina and Millers, to the town of Tonopah; thence southerly to the town of Goldfield; thence southwesterly, by way of Lida and Palmetto canyon, to the Nevada-California state line.

      Route 3a.  Beginning at a point on route 3 at or near Coaldale, thence running in a southwesterly direction through Fish Lake valley to the Nevada-California state line.

      Route 4.  Commencing at the city of Ely and running in a general southwesterly direction to the town of Tonopah.

      Route 5.  Commencing at Goldfield and running southeasterly to Beatty, thence along or over the grade of the Las Vegas and Tonopah railway to Las Vegas; thence to Searchlight, and to a junction with the Arizona or California state highway system.

      Route 6.  Commencing at the Arizona-Nevada state line near Mesquite and running southwesterly over what is now known as the Arrowhead Trail, through Las Vegas and via Jean to a junction with the California state highway system.

      Route 7.  Commencing at the city of Ely and running thence southerly through Pioche to Caliente; thence to Crystal Springs and Alamo in Lincoln County; thence to Moapa in Clark County, and connecting with route 6 at or near Glendale.

      Route 8.  Commencing at the city of Winnemucca and running thence northerly on the most feasible route via Paradise Hill to the Nevada-Oregon state line at McDermitt.

      Route 8a.  Commencing on route 8 at or near Paradise Hill, running thence northwesterly on the most feasible route through Amos, Quinn River Crossing and thence to Denio; thence westerly through Thousand Creek to Massacre lake; thence westerly to Vya and the ’49 Station to the California state line to a connection with the California state highway system; beginning again at the city of Winnemucca, thence easterly to the town of Battle Mountain over route No. 1;


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

ê1933 Statutes of Nevada, Page 207 (CHAPTER 162, AB 107)ê

 

state line to a connection with the California state highway system; beginning again at the city of Winnemucca, thence easterly to the town of Battle Mountain over route No. 1; thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese river valley to Austin, connecting with route No. 2; thence easterly along route No. 2 to the mouth of Blackbird canyon; thence southerly through Smoky valley by the most feasible route, connecting with route No. 3 at Tonopah.

      Route 8b.  Beginning at the south base of Paradise Hill, in Humboldt County on route No. 8, thence through Paradise valley to Indian creek in the Santa Rosa national forest by the most feasible and direct route.

      Route 9.  Commencing at the city of Reno and running thence northerly to a connection with the California state highway near Purdy.

      Route 10.  Commencing at the town of Mina and running southwesterly by way of Montgomery pass to the California state line to a connection with the California state highway system.

      Route 11.  Beginning at a point on the Idaho-Nevada state line at or near Owyhee, running in a southerly direction via White Rock, Deep Creek, and Independence valley, connecting with route No. 1 at Elko; thence easterly on route No. 1 to a point at or near Halleck; thence southeasterly through Secret pass to a junction with route 13 hereinafter described.

      Route 11a.  Beginning at a point on the Idaho-Nevada state line at or near Owyhee, running thence in a southeasterly direction to Mountain City in Elko County, thence in a southerly direction to a junction with route No. 11, as herein described, at or near Deep creek in said Elko County.

      Route 12.  Beginning at a point on route 6 near the Muddy river; thence running in a southeasterly direction through St. Thomas to the Nevada-Arizona line.

      Route 13.  Beginning at a point on the Idaho-Nevada state line north of Contact, thence running southerly through Contact and Wells to a connection with route 24, hereafter described, at a point approximately 5 miles south of Elko-White Pine County line.

      Route 14.  Beginning at a point on route 7 at or near Connor’s pass, thence in an easterly direction to the Nevada-Utah state line at or near Baker.

      Route 15.  Beginning on route 3 at Coaldale, thence running westerly to a connection with route 10 at or near Basalt.

      Route 16.  Beginning at a point on route 5 at or near what was formerly known as Amargosa Station, thence southerly through or near Johnnie Town; thence continuing southerly through Pahrump valley to a point on the Nevada-California state line at or near the thirty-sixth parallel.

 

 

 

 

 

 

Route 8b

 

 

Route 9

 

Route 10

 

 

Route 11

 

 

 

 

Route 11a

 

 

 

Route 12

 

Route 13

 

 

 

Route 14

 

Route 15

 

Route 16


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

ê1933 Statutes of Nevada, Page 208 (CHAPTER 162, AB 107)ê

 

 

 

Route 17

 

 

Route 18

 

 

 

Route 19

 

 

 

 

 

Route 20

 

 

 

 

Route 21

 

 

 

 

Route 22

 

 

 

Route 23

 

 

Route 24

 

 

Route 25

through Pahrump valley to a point on the Nevada-California state line at or near the thirty-sixth parallel.

      Route 17.  Beginning at a point on route 3, approximately 10 miles south of Reno, thence running through Virginia City, Gold Hill, and Silver City to a connection with route 2a at or near Mound House.

      Route 18.  Beginning at a point on route 11 at or near the town of Tuscarora, thence by the most feasible route to Midas, thence southwesterly to a point at or near Red House; thence by the most feasible route via Golconda to a connection with route 1.

      Route 19.  Beginning at a point on route 3 near the California-Nevada state line, at the south end of Lake Tahoe, thence easterly, through the closest mountain pass, toward the town of Genoa; thence by the most feasible routing to a junction with route 3 near Minden; thence southerly along route 3 to a point south of Holbrook; thence southerly, near Topaz lake, to a connection with the California highway system at the California-Nevada state line near Coleville, California.

      Route 20.  From a point on the Victory highway about six miles north of Palisade, through the town of Palisade and Pine Valley, thence by the most feasible and direct route to the town of Eureka; thence from a point on the Lincoln highway near the east Eureka County line to Fish creek; thence by the most direct and feasible route to Callaway’s ranch on route 4.

      Route 21.  Beginning at a point on the Victory highway at Dunphy, running from thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to Austin; thence westerly along the Lincoln highway approximately eight miles to a point thereon connecting with the Austin-Ione post road to Ione.

      Route 22.  Beginning at a point on route 3 at or near Wellington, thence southerly by the most feasible routing to Sweetwater; thence southwesterly to the Nevada-California state line to a feasible connection with the California highway system connecting with Bridgeport, California.

      Route 23.  Beginning at a point near Luning on route 3, thence northerly to Quartz Mountain; thence northerly along the most feasible route to a connection with route 2.

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

      Route 25.  Beginning at a point east of Tonopah on route 4, and running thence easterly to a connection in Lincoln County with route 7, and thence through the town of Panaca to the Nevada-Utah state line.


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

ê1933 Statutes of Nevada, Page 209 (CHAPTER 162, AB 107)ê

 

Lincoln County with route 7, and thence through the town of Panaca to the Nevada-Utah state line.

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

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

      Route 28.  Beginning at a point on route 3 at Spooners, thence northerly along the east side of Lake Tahoe to a connection with the California highway system at or near Cal-Neva.

      Route 29.  Beginning at a convenient point between Carrara and Rosewell on route 5, thence southwesterly to the Nevada-California state line to a connection with the California state highway system near Death Valley Junction, California.

      Route 30.  Beginning at the Utah-Nevada state line near Montello, thence southwesterly through Montello and Cobre to a feasible connection with route 1.

      Route 31.  Beginning at the town of Hawthorne, thence southerly on the most feasible route through Whiskey flat to a point on the California state line near the town of Benton, California.

      Sec.2.  Section 8a of the above-entitled act is hereby repealed.

      Sec.3.  Section 8b of the above-entitled act is hereby repealed.

      Sec.4.  Section 8c of the above-entitled act, Statutes 1931, page 155, is hereby repealed.

      Sec.5.  Section 14 of the above-entitled act is hereby amended 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.

 

 

Route 26

 

Route 27

 

 

Route 28

 

 

Route 29

 

 

Route 30

 

Route 31

 

 

Section repealed

Section repealed

Section repealed

 

Section repealed

 

Discretionary powers granted state highway engineer; to advertise for bids


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

ê1933 Statutes of Nevada, Page 210 (CHAPTER 162, AB 107)ê

 

 

 

 

 

 

Bid to be accompanied by certified check

 

 

 

 

Financial ability and experience of contractors

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 and the time and place for opening the same. The first publication thereof shall be made not less than fifteen days prior to the time set for opening bids. Every bid shall be accompanied by a certified check of the bidder, or the equivalent thereof, in an amount equal to five per cent 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 specification 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. 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.


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

ê1933 Statutes of Nevada, Page 211 (CHAPTER 162, AB 107)ê

 

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 word “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.6.  This act shall be in full force and effect upon its passage and approval.

 

 

 

 

 

 

 

 

 

Bids to be opened publicly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 212ê

CHAPTER 163, AB 178

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Traveling merchant,” definition

 

 

 

 

 

 

 

 

In effect

 

[Assembly Bill No. 178–Mr. Black]

 

Chap. 163–An Act to amend an act entitled “An act requiring traveling merchants to procure a license, fixing the amount thereof, providing penalties for violation hereof, and repealing all acts and parts of acts in conflict herewith,” approved March 22, 1915, as amended.

 

[Approved March 23, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 1 of the above-entitled act, being paragraph 6711 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The term “traveling merchant” whenever used in this act, shall be taken and deemed to mean all merchants entering into business at any place within the State of Nevada for a period of less than six (6) months; all persons vending from freight cars standing on side tracks or from motor trucks or other vehicles; all hawkers, street vendors, peddlers and traveling manufacturers. However, the provisions of this act shall not apply to persons engaged in the disposal of the products of the soil, poultry, eggs, live stock, honey or dairy products if the vendor is a bona fide producer or grower thereof, and transports such products of the soil, poultry, eggs, live stock, honey or dairy products from the place of production or growing to the place of sale in a vehicle owned by and standing in this name.

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

 

________

 

CHAPTER 164, AB 190

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County conventions to be held

[Assembly Bill No. 190–Messrs. Kenny and Moore]

 

Chap. 164–An Act to amend sections 23 and 24, and to repeal section 24a of an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917.

 

[Approved March 23, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 23 of the above-entitled act, being paragraph 2426 N. C. L. 1929, be and the same is hereby amended to read as follows:

      Section 23.  On the second Tuesday in June in each year in which a general election is to be held a county convention of each political party shall be held at the county seat of each county in the state. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:


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

ê1933 Statutes of Nevada, Page 213 (CHAPTER 164, AB 190)ê

 

of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:

 

(Form of Notice)

 

      Notice of….(name of party)….County Convention

      Notice is hereby given that the county convention of the ……..…………… party for …………………………….. County will be held at …………………………… in ……………………….., the county seat of said county, at 11 o’clock a. m., on Tuesday, the …………………………. day of June, 19…………; that at said convention delegates to the ………………………… state convention will be elected, a county central committee to serve for the ensuing two years will be chosen, and other party affairs may be considered; that delegates to such county conventions shall be chosen at ………….(name of party)………….. mass meetings to be held in each voting precinct in the county on or before the ……………… day of June, 19……….; and that each of said voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:

 

                 Name of precinct    Number of delegates

           …………………………..                 to           ..………………………….

           …………………………..                 to           ..………………………….

......(name of party)......County Central Committee of …………….. County, Nevada.

 

                                                                By………..……………(its chairman).

 

                                                                And……...…………….(its secretary).

 

      (Proportion of delegates.) The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of votes cast within such precinct for the party’s candidate for congressman at the then next preceding November election as follows:

      (Counties casting under 400 votes.) In counties in which the total vote cast at such preceding November election for such party’s candidate for congressman shall not have exceeded four hundred, each precinct shall have one delegate for each five votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 400-600 votes.) In counties in which such total vote so cast shall have exceeded four hundred but shall not have exceeded six hundred, each precinct shall have one delegate for each eight votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 600-800 votes.) In counties in which such total vote so cast shall have exceeded six hundred but shall not have exceeded eight hundred, each precinct shall have one delegate for each ten votes, or major fraction thereof, so cast within such precinct;

 

 

 

 

 

 

 

Form of notice to be published

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proportion of delegates


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

ê1933 Statutes of Nevada, Page 214 (CHAPTER 164, AB 190)ê

 

Proportion of delegates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Precincts represented

 

 

County central committee to call mass meeting

 

 

 

 

 

 

 

Delegates, how chosen

have one delegate for each ten votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 800-1400 votes.) In counties in which such total vote so cast shall have exceeded eight hundred but shall not have exceeded fourteen hundred, each precinct shall have one delegate for each fifteen votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 1400-2000 votes.) In counties in which such total vote so cast shall have exceeded fourteen hundred but shall not have exceeded two thousand, each precinct therein shall have one delegate for each twenty votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 2000-3000 votes.) In counties in which such total vote so cast shall have exceeded two thousand but shall not have exceeded three thousand, each precinct therein shall have one delegate for each thirty votes, or major fraction thereof, so cast within such precinct;

      (Counties casting 3000-4000 votes.) In counties in which such total vote so cast shall have exceeded three thousand but shall not have exceeded four thousand, each precinct therein shall have one delegate for each thirty-five votes, or major fraction thereof, so cast within such precinct;

      (Counties casting over 4000 votes.) In counties in which such total vote so cast shall have exceeded four thousand, each precinct therein shall have one delegate for each fifty votes, or major fraction thereof, so cast within such precinct;

      (Every precinct represented.) Provided, that in all counties every precinct shall be entitled to at least one delegate to each county convention.

      (Mass meetings called.) (b) The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of said party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the fifth day preceding the second Tuesday in June of such year; and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting. Said notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if any there be, published in the precinct; and said county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.

      (Delegates, how chosen.) (c) At the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct, and at such meeting the delegates to which the members of the party residing in such precinct shall be entitled in the party’s county convention shall be elected by ballot, and the result of such election shall be certified to the county convention of the party by the chairman and secretary of said meeting; provided, that if any precinct shall fail to elect delegates to any party’s county convention, the county central committees then in office may fill the vacancies from qualified members of the party in such precinct, and the secretaries of such county central committees shall certify the same to the county conventions.


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

ê1933 Statutes of Nevada, Page 215 (CHAPTER 164, AB 190)ê

 

to which the members of the party residing in such precinct shall be entitled in the party’s county convention shall be elected by ballot, and the result of such election shall be certified to the county convention of the party by the chairman and secretary of said meeting; provided, that if any precinct shall fail to elect delegates to any party’s county convention, the county central committees then in office may fill the vacancies from qualified members of the party in such precinct, and the secretaries of such county central committees shall certify the same to the county conventions.

      (County convention held at county seat.) (d) At 11 o’clock a. m. on the second Tuesday in June of said year, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the party’s county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term; and they may also adopt a county platform and take such other action, consistent with the provisions of this act, pertaining to the affairs of their party in such county as they may deem proper. The chairman and secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.

      (County central committee.) (e) The county central committee of a poltical party to be elected by the county convention of such party shall consist of such number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, shall have at least one committeeman, and no precinct shall have more than three.

      (Delegates to state convention.) (f) The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each one hundred votes and major fraction thereof cast in said county for the party’s candidate for member of Congress at the then next preceding November election; provided, that each county shall be entitled to at least one delegate.

      (How certain nominations made.) (g) If any political party shall have had no candidate for congressman at the November election next preceding the selection of delegates to a county or state convention of such party, the number of delegates to which each precinct shall be entitled at a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions above set forth to the vote cast at such next preceding November election for the party’s candidate, if any, for the office of United States senator.

 

 

 

 

 

 

 

Convention to be held at county seat

 

 

 

 

 

 

 

 

 

County central committee

 

 

 

Delegates to state convention

 

 

 

 

How certain nominations made


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

ê1933 Statutes of Nevada, Page 216 (CHAPTER 164, AB 190)ê

 

 

 

 

 

 

 

 

State conventions, when held

 

 

 

 

 

 

 

 

 

 

Committee, how formed

 

 

 

Proxy must be voter in county represented

 

 

 

 

 

Committeemen must serve for two years

November election for the party’s candidate, if any, for the office of United States senator. If such party shall have had no candidate at such election for the office of United States senator, then the number of such delegates shall be in proportions above set forth to the average vote cast at such election for all the party’s candidates for state offices, excluding the vote for candidates who shall have had no opposition.

      Sec.2.  Section 24 of the above-entitled act is hereby amended to read as follows:

      Section 24.  (State conventions.) (a) At 11 o’clock a. m. on the fourth Tuesday in September of each year in which the general state election is to be held, the delegates elected to the state convention of each political party by the several county conventions of such party shall convene at the state capital, or at such other place in the state as the state central committee of such party shall designate, and there organize, adopt state party platform, elect state central committee for such party for the ensuing term and the chairman thereof; and in years when presidential electors are to be elected, such state convention of each political party shall be held at such time and place as may be designated by the state central committees of each party, and in such years they shall also select the necessary delegates and alternates to the national conventions, and select the national committeeman and national committeewoman of the party from the State of Nevada.

      (Committee, how formed.) (b) The state central committee of each political party shall consist of as many qualified electors affiliated with such party as may be determined by the state convention of such party, but there shall be at least one member from each county in the state.

      (Proxy must be voter in county represented.) (c) Except as otherwise prescribed in this act the state and county party conventions may each adopt its own rules, and each shall be the judge of the election of its own delegates. In case of the inability of a delegate to personally attend a state or county convention he may be represented and act by a proxy, duly appointed, but no person shall be entitled to act either as a delegate or as a proxy at any convention unless he be a duly qualified elector of the county or precinct that he seeks to represent.

      (Committeemen must serve for two years.) (d) The state and county central committeemen shall serve for two years and until their successors shall have been elected. Any vacancy in any such committee, or in the offices thereof (including the office of chairman) arising from death, resignation, or other cause, shall be filled by the remaining members of the committee. Each such committee may elect from its membership an executive committee and shall, except as otherwise herein provided, choose its officers by ballot.


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

ê1933 Statutes of Nevada, Page 217 (CHAPTER 164, AB 190)ê

 

otherwise herein provided, choose its officers by ballot. Each such committee and its officers shall have general charge of the affairs of the party in the state or county, as the case may be, and have the powers usually exercised by such committees and officers thereof, subject to the provisions of this act. The several state and county committees and the officers thereof now in existence shall exercise the powers and the duties herein prescribed until their successors shall be chosen in accordance with the provisions of this act.

      Sec.3.  Section 24a of the above-entitled act is hereby repealed.

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

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 165, AB 153

[Assembly Bill No. 153–Mr. Goodin]

 

Chap. 165–An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for an official inspector and salary and allowances therefor, providing penalties for the violation hereof and other civil actions for the recovery of license fees herein, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith.

 

[Approved March 23, 1933]

 

      Whereas, The operation of motor cars and vehicles for hire on the public highways of the state is known to materially increase the cost of maintenance of highways, and in many cases to introduce elements of danger to the traveling public; and

      Whereas, It is necessary for the enforcement of good order and for the protection of highways constructed by this state that large sums of money be spent for the regular supervision of such highways and for repairing damage done to said highways, whether or not such vehicles are operated in interstate commerce; and

      Whereas, This act is necessary for the preservation of safety, the protection of the public and in providing funds for proper maintenance of said highways; now, therefore,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1933 Statutes of Nevada, Page 218 (CHAPTER 165, AB 153)ê

 

 

 

 

 

 

 

Powers accorded public service commission in regulating motor vehicle service on public highways

 

 

 

 

 

 

 

 

 

 

 

 

Definition of terms

safety, the protection of the public and in providing funds for proper maintenance of said highways; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  It is hereby declared to be the purpose and policy of the legislature in enacting this law to confer upon the public service commission of Nevada the power and authority, and to make it its duty to supervise, regulate and license the common motor carrying of property and/or passengers for hire, and to supervise for licensing purposes the contract motor carrying of property and/or of passengers for hire, and to supervise for licensing purposes the private motor carrying of property when used for private commercial enterprises on the public highways of this state, hereinafter defined, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by motor vehicles in a gainful occupation thereon, and to provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees hereinafter provided, to more fully provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways. This act is not to be construed as a motor vehicle registration act, but that the license fees provided herein are in addition to the motor vehicle registration license fees that are now or may hereafter be required under the laws of this state.

      Sec.2.  (a) The term “motor vehicle” when used in this act means any automobile, automobile truck, trailer, automobile tractor and semitrailer, motor bus, motorcycle, or any other self-propelled or motor driven vehicle, except hearses and ambulances, used upon any public highway of this state for the purpose of transporting persons or property. (b) The term “common motor carrier of property” when used in this act shall mean any person engaged in the transportation by motor vehicle of property for hire as a common carrier conducting fixed route or on-call route operations. (c) The term “contract motor carrier of property” when used in this act shall be construed to mean any person not a common motor carrier of property engaged in the transportation by motor vehicle of property for hire. (d) The term “private motor carrier of property” when used in this act shall be construed to mean any person engaged in the transportation by motor vehicle of property, when engaged in wholesale occupations and/or the distribution, receiving and delivery of property in producing and commercial enterprises. (e) The term “common motor carriers of passengers” when used in this act shall mean any person engaged in the transportation by motor vehicle of passengers or express for hire as a common carrier conducting fixed route or on-call route operations.


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

ê1933 Statutes of Nevada, Page 219 (CHAPTER 165, AB 153)ê

 

when used in this act shall mean any person engaged in the transportation by motor vehicle of passengers or express for hire as a common carrier conducting fixed route or on-call route operations. (f) The term “contract motor carrier of passengers” when used in this act shall be construed to mean any person not a common motor carrier of passengers engaged in the transportation by motor vehicle of passengers or express for hire. (g) The term “public highway” when used in this act, shall mean every public street, road or highway to thoroughfare of any kind used by the public, but shall not include that portion of highways under construction or reconstruction. The term “person” when used in this act shall be construed to mean any person, firm, association, partnership, corporation, lessee, trustee, receiver or company engaged in or intending to engage in the operation of any motor vehicle in any of the carrier services hereinbefore defined.

      Sec.3.  None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to city licensed taxicabs operating within a ten-mile radius of the limits of a city or town; nor to the city or town draymen and private motor carriers of property operating within a two-mile radius of the limits of a city or town, nor to the transportation of live stock and/or farm products to market by the producer thereof, or such producer’s employee, or merchandise and/or supplies for his own use in his own motor vehicle; nor to the transportation of children to and from school; not to the transportation of highway contractor’s own equipment in his own motor vehicle from job to job wholly within the confines of this state; nor to the transportation of ore or minerals in the producer’s own vehicle; provided, however, only one vehicle with an unladened weight not exceeding 10,000 pounds, or two vehicles whose combined unladen weight does not exceed 10,000 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; nor to the operation of a privately owned truck in personal services as distinguished from those using the highways in a gainful occupation shall be exempted; provided, however, this exemption shall be limited to one such vehicle not exceeding an unladened weight of five thousand pounds.

      Sec.4.  No common motor carrier of property or passengers, contract motor carrier of property or passengers or private motor carrier of property shall operate any motor vehicle for the transportation of either persons or property for compensation on any public highway in this state except in accordance with the provisions of this act.

      Sec.5.  All “common motor carriers of property and/or of passengers” as defined in this act are hereby declared to be common carriers within the meaning of the public utility laws of this state, and are hereby declared to be affected with a public interest, and subject to this act and to the laws of this state, including the regulation of all rates, charges and services now in force or that hereafter may be enacted, pertaining to public utilities and common carriers as far as applicable, and not in conflict herewith.

Definition of terms

 

 

 

 

 

 

 

 

 

 

 

Exceptions to act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Must comply with provisions of act


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

ê1933 Statutes of Nevada, Page 220 (CHAPTER 165, AB 153)ê

 

Common motor carriers affected, when

 

 

 

 

Public service commission vested with authority

 

 

 

 

 

 

 

Common motor carriers must obtain certificate of convenience

 

 

 

 

Powers of commission

 

 

 

 

 

 

Applicant must first pay license fee

 

 

Must furnish commission with information

of passengers” as defined in this act are hereby declared to be common carriers within the meaning of the public utility laws of this state, and are hereby declared to be affected with a public interest, and subject to this act and to the laws of this state, including the regulation of all rates, charges and services now in force or that hereafter may be enacted, pertaining to public utilities and common carriers as far as applicable, and not in conflict herewith.

      Sec.6.  The public service commission of Nevada is hereby vested with the power and authority, and it shall be its duty to license, supervise and regulate every common motor carrier of property and/or of passengers in this state in all matters affecting the relationship between such carriers and the traveling and shipping public over and along the public highways of this state. All laws relating to the powers, duties, authority and jurisdiction of the public service commission of Nevada over common carriers are hereby made applicable to all such motor carriers except as in this act otherwise specifically provided; provided, all transportation charges made by any common motor carrier of property and/or of passengers shall be just and reasonable.

      Sec.7.  It shall be unlawful for any common motor carrier of property and/or of passengers to operate as a carrier of intrastate commerce within this state without first having obtained from the public service commission a certificate of convenience and necessity. The public service commission, upon the filing of an application for such certificate, shall fix a time and place for hearing thereon, and shall proceed in the matter according to the provisions of the laws of this state made applicable thereto; provided, however, before granting a certificate of convenience and necessity to such applicant, the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. It shall also take into consideration the public necessity and convenience to be accorded by the service and rates offered by such applicant or applicants; provided further, that the commission, in its discretion, may dispense with the hearing on the application if, upon expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person; and provided further, that no such certificate of convenience and necessity shall be issued to the applicant unless and until the applicant shall have paid to the said commission all license fees then and there due as hereinafter provided, and filed the indemnity insurance policy or bond hereinafter provided.

      Sec.8.  It shall be unlawful for any common motor carrier of property and/or of passengers to operate as a common carrier of interstate commerce within this state, without first having furnished the public service commission in writing full information concerning: (a) The ownership, financial condition and equipment to be used; (b) the complete route over which the applicant desires to operate; (c) the proposed rates, schedule or schedules and/or time cards of the carrier; (d) such other information as the commission may request covering observance of state police regulations and payment of fees.


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

ê1933 Statutes of Nevada, Page 221 (CHAPTER 165, AB 153)ê

 

first having furnished the public service commission in writing full information concerning: (a) The ownership, financial condition and equipment to be used; (b) the complete route over which the applicant desires to operate; (c) the proposed rates, schedule or schedules and/or time cards of the carrier; (d) such other information as the commission may request covering observance of state police regulations and payment of fees. Upon receipt of such information, and of the license fees and the liability insurance policy as hereinafter provided, the said commission shall issue such interstate common carrier of property and/ or of passengers a license.

      Sec.9.  No common motor carrier of property and/or of passengers authorized to operate by this act shall discontinue any service established under the provisions of this act, and all other laws relating thereto and made applicable thereto by this act, without an order of the public service commission granted only after public notice or hearing in the event of protest.

      Sec.10.  The public service commission of Nevada is hereby vested with the power and authority and it shall be its duty to license and supervise for license purposes all “contract motor carriers of property and/or of passengers” and all “private motor carriers of property” within the State of Nevada either in interstate or intrastate commerce.

      Sec.11.  It shall be unlawful for any “contract motor carrier of property and/or of passengers” or “private motor carrier of property” to operate as a carrier of property or passengers within this state either in intrastate commerce in or interstate commerce without first having obtained from the public service commission a license therefor. An application shall be made to the public service commission in writing stating the ownership, financial condition, equipment to be used and such other information as the commission may request. Upon receipt of such information, and of the license fees and the liability insurance policy or bond as hereinafter provided, said commission shall issue a license to such applicant.

      Sec. 12.  The public service commission of Nevada is hereby authorized to adopt rules covering the procedure, regulation and administration of the provisions of this act, and shall prescribe forms for all applications, certificates, licenses and license plates for the use of prospective applicants, and shall make regulations for the filing thereof.

      Sec.13.  All motor carriers coming within the terms of this act, except such carriers and/or persons mentioned in section 3 of this act, to whom shall have been issued the certificates and/or licenses provided by this act, may transfer or assign such certificates and/or licenses to another qualified under this act, but no such transfer and/or assignment shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the public service commission by the transferor, accompanied by an application of the transferee to be substituted for said transferor of said certificates and/or licenses subject of such transfer.

 

 

 

 

 

 

 

 

May not discontinue service without order

 

 

 

Further powers of commission

 

 

 

License to issue, when

 

 

 

 

 

 

 

 

Commission to adopt rules

 

 

 

Certificates may be assigned or transferred


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

ê1933 Statutes of Nevada, Page 222 (CHAPTER 165, AB 153)ê

 

 

 

 

 

May hold hearings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License plates

 

 

 

Franchise not irrevocable

under this act, but no such transfer and/or assignment shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the public service commission by the transferor, accompanied by an application of the transferee to be substituted for said transferor of said certificates and/or licenses subject of such transfer. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner with other hearings before the commission. If the commission shall determine that a transfer and/or assignment of any certificate and/or license, permitted herein to be transferred or assigned, will not operate to defeat the purposes of this act and/or deny to the State of Nevada reasonable compensation for the use of its highways in and for the purpose of carriage for hire, the commission shall order such transfer to be made when it is satisfied that the purposes of this act will not be defeated by the transfer of the certificate and/or license; provided, no transfer shall be valid beyond the life of the certificate and/or license transferred, nor shall the liability insurance policy or bond filed by the transferor be effective for any purpose of and for the transferee unless the same shall be expressly transferred to such transferee by the company furnishing the same; provided, however, the commission may, under such rules and regulations it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof in cases where a vehicle is discarded and/or removed from service on the public highways; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured.

      Sec.14.  No certificate of convenience and necessity and/or license issued in accordance with the terms of this act shall be construed to be either a franchise or irrevocable. The commission may at anytime, for good cause shown, suspend, and upon at least five days’ notice to the grantee of any certificate and/or license and upon a hearing had therefor, revoke such certificate and/or license; provided, any person aggrieved by the order of the commission revoking such permit may within thirty days commence an action in the district court of Ormsby County against said commission to vacate and set aside such order on the ground that such order is unlawful or unreasonable. The proceedings thereafter shall be governed by the provisions of section 33 of the public service commission act, i. e., section 6133 Nevada Compiled Laws 1929.

      Sec.15.  Any person who shall operate any carrier to which this act applies without first obtaining a certificate and/or license or in violation of the terms thereof, or who fails to make any return or report required by this act or by the commission under the terms of this act, or every person who violates or procures, aids or abets in the violating of any provision of this act, or who fails to obey any order, decision or regulation of the commission, or who procures or aids or abets any person in his failure to obey such order, decision or regulation shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment; provided, however, that the public service commission may, in its discretion, where a license fee provided for in this act shall remain unpaid for more than fifteen days and the person or persons liable therefor refuse to pay the same for any reason, direct that a civil action be commenced in a court of competent jurisdiction in the proper county for the recovery of such license fee, and the district attorney upon direction of the attorney-general shall commence such action in the name of the state, and all laws relating to civil actions in this state shall be applicable thereto.


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

ê1933 Statutes of Nevada, Page 223 (CHAPTER 165, AB 153)ê

 

fails to make any return or report required by this act or by the commission under the terms of this act, or every person who violates or procures, aids or abets in the violating of any provision of this act, or who fails to obey any order, decision or regulation of the commission, or who procures or aids or abets any person in his failure to obey such order, decision or regulation shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment; provided, however, that the public service commission may, in its discretion, where a license fee provided for in this act shall remain unpaid for more than fifteen days and the person or persons liable therefor refuse to pay the same for any reason, direct that a civil action be commenced in a court of competent jurisdiction in the proper county for the recovery of such license fee, and the district attorney upon direction of the attorney-general shall commence such action in the name of the state, and all laws relating to civil actions in this state shall be applicable thereto.

      Sec.16.  In issuing the licenses provided in section 18, the public service commission shall require within such time, and in such amounts as it may designate, the filing with the commission in form required and approved by the commission of a liability insurance policy or bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to adequately protect the interests of the public and the public safety, and which liability insurance policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.

      Sec.17.  Every person, as defined in this act, operating motor vehicles, as defined in this act, in the carriage of persons and/or property for hire, or as private carrier, as defined in this act, shall before commencing the operation thereof and annually thereafter, secure from the public service commission of Nevada a license for each and every such motor vehicle to be operated, and make payments therefor as hereinafter provided. The license herein provided shall be secured and the fee therefor paid on or before the first day of January of each year, commencing January 1, 1934; provided, no person shall be deemed delinquent who has procured and paid for a license under the provisions of this act for and during the preceding year, until the first day of February of the new year; and provided further, that the provisions of this act shall be deemed in force and effect during the year 1933 against all persons who, at the time this act takes effect, shall not have obtained and paid for a license or licenses required by the provisions of prior carrier licensing laws of this state.

Penalties for violation of provisions of act

 

 

 

 

 

 

 

 

 

 

 

 

 

Liability insurance policies to be recorded with commission

 

 

 

 

 

 

Must secure license from commission before beginning operation


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

ê1933 Statutes of Nevada, Page 224 (CHAPTER 165, AB 153)ê

 

 

 

 

 

 

Schedule of fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motor vehicles to be weighed annually

the provisions of this act shall be deemed in force and effect during the year 1933 against all persons who, at the time this act takes effect, shall not have obtained and paid for a license or licenses required by the provisions of prior carrier licensing laws of this state.

      Sec.18.  The payments for the licenses provided in this act shall be made in accordance with the following schedule of fees: (a) For each motor vehicle defined in this act used in the carrying of passengers or passengers and light express up to five hundred (500) pounds, fifty ($50) dollars flat rate, plus ten ($10) dollars for each passenger-carrying capacity of such vehicle, exclusive of the driver, as rated by the manufacturer thereof; provided, no unladened weight license fee, hereinafter provided for, shall be assessed on passenger-carrying vehicles; (b) for each motor vehicle defined in this act, except as hereinafter provided, carrying property or both property and passengers other than those described above in subsection (a) hereof, twenty ($20) dollars flat rate; (c) For each trailer, twenty ($20) dollars flat rate; (d) for each semitrailer and automobile tractor, twenty ($20) dollars flat rate; provided, that each semitrailer and automobile tractor be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee hereinafter provided for; (e) motorcycles with side car attached used in carriage of property, twenty ($20) dollars flat rate; provided, no unladened weight license fee to be assessed; (f) in addition to the foregoing flat rate a license fee based upon the unladened weight of the motor vehicle is hereby fixed according to the following schedule of fees and shall be paid at the same time, and in addition to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to five hundred (500) pounds, weighing up to 18,000 pounds unladened, a fee of one and 50/100 ($1.50) dollars per hundred pounds or major fraction thereof; all motor vehicles weighing over 18,001 pounds, unladened, a fee of two and 50/100 ($2.50) dollars per hundred pounds; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place, at the time of weighing, each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (g) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle, within the terms of this act, be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon.


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

ê1933 Statutes of Nevada, Page 225 (CHAPTER 165, AB 153)ê

 

shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.

      Sec.19.  The provisions of the “Public Weighmaster Act of Nevada,” approved March 8, 1923, the same being sections 8307-8319 Nevada Compiled Laws 1929, are hereby made applicable to this act. All motor vehicles required to be weighed under the provisions of this act shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the public service commission and the state sealer of weights and measures, and according to the provisions of the public weighmaster act, except as otherwise provided herein. It shall be the duty of the state sealer of weights and measures from time to time, upon request of the public service commission, to appoint additional public weighmasters, according to the provisions of the public weighmaster act, as may be necessary to effectuate the purposes of this act; provided, public weighmaster’s certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the public service commission as evidence of the weight of the motor vehicle for which a license is applied for.

      Sec.20.  No motor vehicle as defined in this act shall be licensed and/or permitted to operate on the public highways of this state in any carrier service when such vehicle shall exceed in size, weight or load limit weight provided by the laws of this state.

      Sec.21.  All moneys collected under the provisions of this act shall be paid over to the state treasurer by the public service commission of Nevada on or before the first Monday of each month. The state treasurer shall place such moneys in the state highway fund of Nevada for the construction, maintenance and repair of the public highways of this state. The public service commission is hereby directed and authorized to deposit said moneys, while in its possession, in a reputable bank in this state; provided, such bank execute and deliver to said commission good and sufficient collateral security or depository bond to be approved by the state board of examiners.

      Sec.22.  The public service commission of Nevada is authorized to employ an official inspector to carry out the purposes of this act, and perform such other duties as may be assigned to him by the public service commission, at a salary of $2,400 per annum, and to make provisions for an automobile at an average cost of $400 per annum; and $2,400 per annum to cover actual living and traveling expenses of the inspector while absent from his home, the maintenance and operation of the automobile, and expenses incidental to the administration of this act, such as postage, bond premiums, clerical expense, telephone and telegraph expense, in the same manner, under the same conditions and at the same rate as other state officers and employees.

 

 

 

 

 

 

“Public weighmaster act of Nevada” applicable

 

 

 

 

 

 

 

 

 

 

 

 

Must keep within weight limit

 

 

Moneys collected to be paid over to state treasurer

 

 

 

 

 

Commission to employ inspector; compensation


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

ê1933 Statutes of Nevada, Page 226 (CHAPTER 165, AB 153)ê

 

 

 

 

 

 

 

 

Commission may make rules and regulations

 

 

 

 

 

 

Appropriation

 

 

 

License plates to be distinctive

 

 

 

Commission to assist in enforcing police laws

 

 

 

 

 

 

Repeal

salary of $2,400 per annum, and to make provisions for an automobile at an average cost of $400 per annum; and $2,400 per annum to cover actual living and traveling expenses of the inspector while absent from his home, the maintenance and operation of the automobile, and expenses incidental to the administration of this act, such as postage, bond premiums, clerical expense, telephone and telegraph expense, in the same manner, under the same conditions and at the same rate as other state officers and employees.

      Sec.23.  The commission shall have power to make necessary rules and regulations to make the administration of this act effective and to change inspectors whenever the service required justifies. The respective county sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this act, and it shall be their duty to make arrest for this purpose when requested by the public service commission, its inspector, or other competent authority.

      Sec.24.  For the purpose of carrying out the provisions of this act and paying the salary and expenses provided in section 22, there is hereby appropriated out of the state highway fund for the biennium beginning July 1, 1933, the sum of ten thousand and four hundred ($10,400) dollars, to be paid out under the direction of the public service commission of Nevada and allowed as other claims against the state.

      Sec.25.  Distinctive license plates shall be provided by the public service commission and delivered to the applicants for certificates and licenses under this act. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state.

      Sec.26.  The public service commission and its inspectors shall assist in enforcing all police laws of the state pertaining to the safety of the public and the operation of motor vehicles upon the public highways of the state, and shall make reasonable rules and regulations for the enforcement thereof as to all motor vehicles coming within the terms of this act. The provisions of all police laws pertaining to the safe operation of motor vehicles upon the public highways of this state are hereby declared applicable to all motor vehicles coming within the terms of this act. It shall be the duty of the district attorney of any county in this state to prosecute all violations of this act occurring in his county.

      Sec.27.  All acts and parts of acts in conflict herewith, and particularly “An act requiring a license for the operation of motor cars and vehicles for hire on the public highways of the state, and other matters relating thereto, approved March 29, 1929,” and “An act authorizing the public service commission of Nevada to employ an inspector, fixing his compensation, providing for necessary traveling expenses and subsistence, and other matters relating thereto, approved March 24, 1931,” are hereby repealed.


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

ê1933 Statutes of Nevada, Page 227 (CHAPTER 165, AB 153)ê

 

approved March 29, 1929,” and “An act authorizing the public service commission of Nevada to employ an inspector, fixing his compensation, providing for necessary traveling expenses and subsistence, and other matters relating thereto, approved March 24, 1931,” are hereby repealed.

      Sec.28.  It is hereby expressly provided that in the event any section or other part of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec.29.  This act shall become effective from and after its passage and approval.

 

 

 

 

Invalidity of one section not to affect others

 

In effect

 

 

________

 

CHAPTER 166, SB 134

[Senate Bill No. 134–Senator Coryell]

 

Chap. 166–An Act regulating the salaries of the officers of Storey County, State of Nevada.

 

[Approved March 23, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The following-named officers within Storey County, Nevada, shall receive in full payment for all services rendered by them, the following salaries:

      The sheriff, for services and as ex officio assessor, shall receive the sum of eighteen hundred ($1,800) dollars a year; the sheriff may appoint a deputy sheriff, who shall also be jailer. The deputy sheriff, for services as deputy sheriff and jailer, shall receive fifteen hundred ($1,500) dollars a year.

      The county clerk and ex officio county treasurer shall receive eighteen hundred ($1,800) dollars a year.

      The county recorder, for services as county recorder and ex officio county auditor, shall receive the sum of fifteen hundred ($1,500) dollars a year.

      The district attorney shall receive the sum of fifteen hundred dollars ($1,500) a year.

      The county commissioners shall each receive the sum of three hundred sixty ($360) dollars a year for performing all duties imposed by law.

      The salaries shall be paid in twelve equal monthly installments.

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

      Sec.3.  This act shall take effect and be in full force from and after the first day of April, 1933.

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Storey County

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 228ê

CHAPTER 167, SB 159

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public utilities to file schedule with public service commission

[Senate Bill No. 159–Senator Scott]

 

Chap. 167–An Act to amend section 14 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 22, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 14 of the above-entitled act, being paragraph 6113 N. C. L. 1929, is hereby amended to read as follows:

      Section 14.  Every public utility shall file with the commission within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it. In connection with such schedule, and as a part of it, there shall also be filed all rules and regulations that in any manner affect the rates charged or to be charged for any service or product. A copy, or so much of said schedule as the commission shall deem necessary for the use of the public, shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected. When a schedule of joint rates or charges is or may be in force between two or more public utilities, such schedule shall, in like manner, be printed and filed with the commission, and so much thereof as the commission may deem necessary for the use of the public shall be posted conspicuously in every station or office as in this section above provided. No changes shall thereafter be made in any schedule, including schedules of joint rates or in the rules and regulations affecting any and all rates or charges except upon thirty days’ notice to the commission, and all such changes shall be plainly indicated, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take affect; provided, that the commission, upon application of any public utility, may prescribe a less time within which a reduction may be made. Copies of all new or amended schedules shall be filed and posted in the stations and offices of public utilities as in the case of original schedules; provided, whenever there shall be filed with the commission any schedule stating a new individual or joint rate, fare, or charge, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities,


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

ê1933 Statutes of Nevada, Page 229 (CHAPTER 167, SB 159)ê

 

any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, but upon reasonable notice, to enter upon hearing concerning the propriety of such rate, fare, charge, classification, regulation, or practice; and pending such hearing and the decision thereon, the commission, upon delivering to the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than sixty days beyond the time when such rate, fare, charge, classification, regulation, or practice would otherwise go into effect; and after full hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, or practice has become effective; provided, if any such hearing cannot be concluded within the period of suspension as above stated, the commission in its discretion may extend the time of suspension for a further period of not to exceed sixty days.

Commission to give notice of hearing

 

 

________

 

CHAPTER 168, AB 142

[Assembly Bill No. 142–Lincoln County Delegation]

 

Chap. 168–An Act concerning Lincoln County officers, their deputies, and their duties and compensation.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The compensation of the respective officers of the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited and paid monthly:

      The county commissioners shall each receive not in excess of six hundred dollars per annum.

      The assessor, and the clerk, shall each receive not in excess of eighteen hundred dollars per annum.

      The district attorney, the recorder, the sheriff, and the treasurer shall each receive not in excess of twenty-four hundred dollars per annum.

      Sec.2.  The district attorney shall be ex officio public administrator; the recorder shall be ex officio auditor.

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Lincoln County


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

ê1933 Statutes of Nevada, Page 230 (CHAPTER 168, AB 142)ê

 

No fees or commissions allowed

 

 

Officers to pay deputies

 

 

 

 

 

 

 

 

 

 

Expenses allowed, when

 

 

 

 

 

 

 

Penalty for violation

 

 

 

 

Repeal

 

In effect

      Sec.3.  No officer mentioned in this act shall receive any fee, or commission, or perquisites, to his own use, for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.

      Sec.4.  Any and all deputies required by any officer except the sheriff shall be employed only at the expense of the officer by whom they may be required. The sheriff may employ not more than two deputies, each at a monthly salary to be fixed by the board of county commissioners, not in excess of one hundred twenty dollars per month, to be allowed, audited and paid as salaries of other county officers. In an emergency the sheriff may employ one or more additional deputies, at a rate to be fixed by the board of county commissioners in each particular instance not in excess of fifty cents per hour, to be allowed, audited and paid by the county only upon production of satisfactory evidence to the board of county commissioners that an emergency existed, the employment was necessary, and the services were actually rendered.

      Sec.5.  No officer shall be allowed any additional compensation for traveling within the county of Lincoln, nor outside the county except when a necessary journey is made by an officer with the unanimous written approval of the county commissioners, in which event the mileage may be allowed and paid in an amount not in excess of ten cents per mile necessarily and actually traveled on county business outside the said county of Lincoln; provided, actual mileage necessarily traveled by emergency deputy sheriffs in performance of duty within the county may be allowed and paid in an amount not in excess of seven and one-half cents per mile if claim for same receive the unanimous written approval of the county commissioners.

      Sec.6.  A violation of any provision of this act, or a failure to promptly and fully perform any duty imposed by law, shall constitute willful misconduct in office, and subject the offending officer to removal, and the fact that no provision is herein made for deputies or mileage or additional compensation shall constitute no defense in any action for removal from office.

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

      Sec.8.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1933 Statutes of Nevada, Page 231ê

CHAPTER 169, AB 98

 

 

 

 

 

 

 

 

 

 

 

 

Governor to name board for certification of graduate nurses, to consist of three

 

 

 

 

 

 

 

 

 

 

 

 

Time of meeting of board

[Assembly Bill No. 98–Mr. Dunseath]

 

Chap. 169–An Act to regulate the professional nursing of the sick in the State of Nevada, providing for the examinations and issuing of certificates to graduate nurses, and providing penalties for the violation of this act, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The governor of the State of Nevada shall appoint a state board of examiners for examination and certification for graduate nurses.

      This board shall be composed of three graduate nurses, who shall have been graduated from an accredited school of nursing for nurses as defined by this act, and shall be registered under the provisions of this act.

      Two members of the board shall be appointed to hold office for four years, and one for two years, and thereafter, upon the expiration of the term of office of the person so appointed, the governor of the state shall appoint a successor to each person whose term of office shall expire, said appointment to be for four years.

      The state board of nurse examiners shall appoint a secretary, who shall perform all duties required by this act, and such other duties as may be required by said board in order to carry out the objects and purposes of this act.

      Lists of accredited training schools for nurses and a register of the names of all nurses duly registered under this act shall be prepared and kept by the board. An annual report shall be filed before January of each year.

      The compensation of each member of said board shall be fixed by board rulings.

      Sec.2.  It shall be the duty of the board of nurse examiners to meet regularly once every four months, namely, February 1, June 1 and October 1, for the purpose of holding examinations under the provisions of this act. Public notice of such meetings shall be given by publishing the same at least thirty days prior to the date of each meeting in two papers of general circulation in the State of Nevada and in one nursing journal.

      Upon filing application for examination each applicant shall pay an examination fee of ten dollars, which shall in no case be returned to the applicant. No further fee shall be required for registration. At such meeting it shall be the duty of the board to examine all applicants for registration under this act and to issue to duly qualified applicants, who shall pass a satisfactory examination, a certificate provided for in this act.


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

ê1933 Statutes of Nevada, Page 232 (CHAPTER 169, AB 98)ê

 

 

Applications

 

Must be 21 years of age

 

 

 

 

 

 

 

 

 

 

 

 

Shall be known as registered nurse

 

Use of title restricted

 

 

Registration fee

 

 

 

Board may revoke

 

 

 

 

Secretary to report to state controller

      Sec.3.  All applicants for registration shall be registered without examination, provided they make application prior to July 1, 1923, and shall have graduated before said date from an accredited training school connected with a general hospital.

      Sec.4.  No applicant who is not 21 years of age shall be eligible for examination or registration as a registered nurse. The applicant shall furnish satisfactory evidence of having graduated from an accredited school of training for nurses.

      An accredited training school for nurses, within the meaning of this act, is hereby defined to be a school for the education and training of nurses, attached to or operated in connection with a hospital or hospitals, approved by the board, giving a course of instruction in theoretical teaching and practical work, covering 36 months. Theoretical teaching shall consist of the required number of hours of instruction in such subjects, and arranged in such order as the board may from time to time determine.

      Practical teaching and experience shall consist of required number of hours in the actual care of medical, surgical and obstetrical patients, and the care of children as may be determined by the board.

      Sec.5.  A nurse who has received his or her certificate according to the provisions of this act shall be styled and known as a registered nurse, and shall be entitled to place the initials R. N. after his or her name.

      Sec.6.  It shall be unlawful for any person not holding a certificate of registration issued by the state board of nurse examiners to use the title “Registered Nurse.”

      Sec.7.  This board, upon written application and upon receipt of ten dollars as registration fee, shall issue a certificate of registration without examination to any applicant who has been duly registered as a registered nurse under the laws of another state or of a foreign country having requirements equivalent to those provided for in this act.

      Sec.8.  The board shall have the power to revoke any certificate of registration for dishonesty, intemperance, immorality, unprofessional conduct, or any habit rendering a nurse unfit or unsafe to care for the sick, after a full and fair investigation of the charges preferred against the accused.

      Sec.9.  Within ten days after each semiannual meeting of the board of examiners the secretary of said board shall report to the controller the amount and source of all collections made under the provisions of this act, and at the same time all such amounts shall be paid into the state treasury and shall be placed to the credit of the special fund to be known as the fund for examination and registration of nurses. All amounts paid into this fund shall be held subject to the order of the state board of nurse examiners, to be used only for the purpose of meeting necessary expenses in the performance of the special duties imposed by this act.


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

ê1933 Statutes of Nevada, Page 233 (CHAPTER 169, AB 98)ê

 

to be used only for the purpose of meeting necessary expenses in the performance of the special duties imposed by this act. Claims against the fund shall be audited by the state board of nurse examiners and shall be paid by the state controller.

      Sec.10.  The nursing service of all state and county institutions shall be under the supervision of a graduate registered nurse; and all training schools for these shall be supervised by a specially trained superintendent; provided, that this section shall not apply to nurses actually employed in county and state institutions at the time of the passage of this act.

      Sec.11.  This act shall be in force and effect from and after its passage and approval; and it shall be compulsory for all graduate nurses desiring to practice their profession in this state to be registered. Any person or persons violating any of the provisions of this act shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars for the first offense, and not less than fifty dollars nor more than five hundred dollars for each subsequent offense.

      Sec. 12.  This act shall not be construed to affect or apply to the nursing of the sick by friends or members of the family or any practical nurse who does not in any way assume to be or practice as a registered nurse. Reputable nurses of good character, having had at least twenty-eight months of hospital training in the State of Nevada prior to July 1, 1923, are herein granted the right to come under this act.

      Sec.13.  All acts or parts of acts in conflict with this act are hereby repealed.

      Sec.14.  This act shall take effect upon its passage and approval.

 

 

 

Institutions to be under supervision of graduate nurses; exceptions

 

 

In effect

 

 

 

 

 

 

Act not to apply, when

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 170, SB 209

[Senate Bill No. 209–Committee on Mines and Mining]

 

Chap. 170–An Act to amend sections 2, 4, and 7, and to repeal sections 5 and 6 of “An act to provide for the assessment of patented mines, and to repeal all acts and parts of acts in conflict herewith,” approved March 24, 1915.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act, being paragraph 6593 N. C. L. 1929, is hereby amended to read as follows:

 


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

ê1933 Statutes of Nevada, Page 234 (CHAPTER 170, SB 209)ê

 

 

Patented mines to be assessed; exceptions

 

 

 

 

Assessment may be stricken from roll, when

 

 

 

 

 

 

 

 

Form of affidavit of labor

      Section 2.  Each patented mine shall be assessed at not less than five hundred dollars, except where one hundred dollars in development work has been actually performed upon such patented mine during the federal mining assessment work period ending within the year for which assessment is levied; said tax assessment to be in addition to the tax on the net proceeds of said mine.

      Sec.2.  Section 4 of the above-entitled act, being paragraph 6595 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  At the next succeeding session of the county board of equalization, or of any state board or commission created by law for the purpose of equalizing property values, the owner of any such patented mine may appear before any such board, in person or by agent or attorney, and upon presentation of affidavit that at least one hundred dollars in development work has been actually performed upon said patented mine during the federal mining assessment work period ending within the year for which the assessment has been levied, the board shall strike from the roll the assessment against the patented mine named in such affidavit.

      Sec.3.  Section 7 of the above-entitled act, being paragraph 6598 N. C. L. 1929, is hereby amended to read as follows:

      Section 7.  The affidavit of labor required by this act shall particularly describe the work performed, upon what portion of said mine, and when and by whom done, and may be substantially in the following form:

 

State of Nevada,

      County of...........................

}

ss.

............................................, being duly sworn deposes and says:

      That at least one hundred dollars’ worth of development work was performed upon the................................ patented mine, situated in the................................ mining district, county of................................, State of Nevada, during the federal mining assessment work period ending within the year 19........... Said work was done at the expense of................................, the owner (or one of the owners) of said patented mine, for the purpose of relieving the same from the tax assessment. It was performed by................................, at about................feet in a.............................. direction from the location monument, and was done between the.............day of ................................, 19......., and the............day of................................, 19.........., and consisted of the following work:....................................................................................

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

      Subscribed and sworn to before me this.....................day of................................, A. D. 19................

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

                  Notary Public (or other officer authorized to administer oaths).

 


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

ê1933 Statutes of Nevada, Page 235 (CHAPTER 170, SB 209)ê

 

      Sec.4.  Section 5 and section 6 of the above-entitled act are hereby repealed.

      Sec.5.  This act shall take effect upon approval.

Sections repealed

In effect

 

________

 

CHAPTER 171, AB 309

[Assembly Bill No. 309–Mr. Bugbee]

 

Chap. 171–An Act to authorize district attorneys, with the approval of the attorney-general and boards of county commissioners, to compromise and settle claims of the counties and state for delinquent taxes for the year 1931 and subsequent thereto.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The district attorneys of the several counties of the State of Nevada are authorized, with the consent and approval of the boards of county commissioners of their respective counties and of the attorney-general of Nevada, to compromise and settle any claim of the state, county, city or other political subdivision for taxes and assessments, or either of them, for the calendar year 1931 and subsequent thereto, levied on any real or personal property, or on the proceeds of mines, including ores, tailings, borax, soda and mineral bearing materials of whatever character. The provisions of this act shall apply to all claims for such taxes and assessments, or either of them, whether or not suit has been filed and judgment rendered or sale made of the property levied upon.

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

 

 

 

 

 

 

 

 

 

 

 

 

District attorneys may compromise taxes

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 172, AB 312

[Assembly Bill No. 312–Mr. Kenny]

 

Chap. 172–An Act to amend section 240 of an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended March 16, 1933.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 240 of the above-entitled act, being paragraph 10888 N. C. L. 1929, as amended by chapter 75, Statutes 1933, is hereby amended to read as follows:

 


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

ê1933 Statutes of Nevada, Page 236 (CHAPTER 172, AB 312)ê

 

Indictment may be set aside

 

Applies, when

 

 

 

 

 

 

 

 

In effect

      Section 240.  The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in any of the following cases:

      If it be an indictment: 1. Where it is not found indorsed and presented as prescribed in this act. 2. When the names of the witnesses examined before the grand jury, or whose deposition may have been read before them, are not inserted at the foot of the indictment nor indorsed thereon. 3. When a person is permitted to be present during the session of the grand jury, when the charge embraced in the indictment is under consideration, except as provided in section 180. 4. When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

      If it be an information: 1. That it was not subscribed by the district attorney of the county.

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

 

________

 

CHAPTER 173, Senate Substitute for Senate Bill No. 78

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Live stock running at large taxable

[Senate Substitute for Senate Bill No. 78–Committee on Live Stock]

 

Chap. 173–An Act to amend “An act defining and classifying transient live stock, and providing for the assessment, collection, and distribution of taxes on the same, providing penalties for violation of its provisions, and repealing all acts and parts of acts in conflict herewith,” approved March 26, 1915.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 11 of the above-entitled act, being paragraph 6620 N. C. L. 1929, is hereby amended to read as follows:

      Section 11.  The provisions of this act shall apply in cases of all transient live stock running at large or otherwise, whether in charge of a herder or not, and the taxes thereon may be collected at any time during the calendar year; and the fact that such live stock may have been assessed, and the taxes thereon for the same year paid in some other state or territory, shall not exempt it from assessment and taxation in this state; provided, nothing herein contained shall be so construed as to prevent the free passage of such live stock through this state for commercial purposes, or to deny to the citizens of each state all the privileges and immunities of citizens of the several states; provided further, in order to comply with this act, the assessor may at any time during the year when permanent receipt forms are not legally in his possession, collect said personal property tax and issue a temporary receipt therefor, issuing and delivering permanent receipts as soon as forms are received from the county auditor, any other law to the contrary notwithstanding.


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

ê1933 Statutes of Nevada, Page 237 (CHAPTER 173, Senate Substitute for Senate Bill No. 78)ê

 

during the year when permanent receipt forms are not legally in his possession, collect said personal property tax and issue a temporary receipt therefor, issuing and delivering permanent receipts as soon as forms are received from the county auditor, any other law to the contrary notwithstanding.

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

 

 

 

 

In effect

 

________

 

CHAPTER 174, AB 121

[Assembly Bill No. 121–Mr. Malone]

 

Chap. 174–An Act to amend an act entitled “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.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 2 of the above-entitled act is hereby amended so as to read as follows:

      Section 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, straightening, or similar work incident to or necessary for the proper carrying out of the practice or occupation provided by the terms of this act, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definition of terms used in act


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

ê1933 Statutes of Nevada, Page 238 (CHAPTER 174, AB 121)ê

 

Definition of terms used in act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Person engaged to secure license

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 engages in the practice of cosmetology, except the branches of electrolysis and manicuring.

      (d) The word “electrologist” is defined as any person who 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.

      (g) The word “demonstrator” is defined as any person who, for the purpose of advertising, promoting, or selling any drug, lotions, compound, preparation, or substance, performs or carries on any of the practices hereinbefore enumerated or defined, in order to advertise, promote, or sell such drug, lotion, compound, preparation or substance.

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

      Section 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 hair dresser 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, whether for compensation or otherwise, 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 one thousand or less.


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

ê1933 Statutes of Nevada, Page 239 (CHAPTER 174, AB 121)ê

 

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 one thousand or less.

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

      Section 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.

      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.

 

 

Certain exceptions

 

 

 

 

 

 

 

 

 

State board of cosmetology created; requirements


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

ê1933 Statutes of Nevada, Page 240 (CHAPTER 174, AB 121)ê

 

 

 

 

 

 

Board to meet annually and elect officers

 

 

 

 

 

 

 

 

 

 

 

 

 

To employ inspectors and clerks and adopt rules

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 secretary, or may assign the duties of the two offices to one person who shall be treasurer and secretary. The compensation of the secretary, in either event, 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. 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, 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.


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

ê1933 Statutes of Nevada, Page 241 (CHAPTER 174, AB 121)ê

 

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 examination, 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.

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

      Section 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 eighteen years of age; (b) who is of good moral character and temperate; (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 one thousand 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 one thousand 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.

 

 

 

 

To hold examinations

 

 

 

 

 

 

 

 

 

 

To keep records

 

 

 

 

 

 

 

 

 

 

Applicants to be examined; hairdressers and cosmeticians

 

 

 

 

 

Electrologists


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

ê1933 Statutes of Nevada, Page 242 (CHAPTER 174, AB 121)ê

 

 

 

 

 

 

 

 

 

 

Manicurists

 

 

 

 

 

Permanent waving

 

 

 

 

 

 

 

Practical demonstrations required

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 one thousand 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 one thousand 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 eighteen 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.

      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 eighteen years of age, and are of good moral character and temperate habits, shall be admitted to examination for the practice of permanent waving.

      Sec.5.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 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.


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

ê1933 Statutes of Nevada, Page 243 (CHAPTER 174, AB 121)ê

 

      Sec.6.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 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.

      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, and no person shall be permitted to practice any other occupation designated in this act than that for which such license shall express.

      Sec.7.  Section 13 of the above-entitled act is hereby amended so as to read as follows:

      Section 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.

      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 five dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of two dollars and a half.

      Each demonstrator, as herein defined, must obtain a license to engage as such in this state before engaging in the business of demonstrator, by which said license the board shall receive the sum of fifteen dollars for each year or fraction thereof.

 

 

Certificates to be issued if examination satisfactory

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees to be paid


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

ê1933 Statutes of Nevada, Page 244 (CHAPTER 174, AB 121)ê

 

 

 

 

 

 

 

Licenses to be renewed annually

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exemptions

shall receive the sum of fifteen dollars for each year or fraction thereof.

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

      Section 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; provided, that for each month or fraction thereof after the first day of July of each year which a license remains unpaid, there shall be assessed and collected, at the time of payment of license, a penalty for delinquency of two dollars for each month or fraction thereof.

      The annual renewal fee for each license shall be $2.50; 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.9.  Section 15 of the above-entitled act is hereby amended so as to read as follows:

      Section 15.  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: 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.


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

ê1933 Statutes of Nevada, Page 245 (CHAPTER 174, AB 121)ê

 

usual and ordinary vocation and profession is concerned, when engaged in any of the following practices, namely: 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.10.  Section 16 of the above-entitled act is hereby amended so as to read as follows:

      Section 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 requisities 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 and twenty-five dollars;

      The annual registration fee for a cosmetological establishment shall be two and a half dollars.

      Sec.11.  Section 17 of the above-entitled act is hereby amended so as to read as follows:

      Section 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 two and a half dollars. 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.

 

 

 

 

 

 

 

Application blanks to be secured from board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How may be operated


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

ê1933 Statutes of Nevada, Page 246 (CHAPTER 174, AB 121)ê

 

 

Schools of cosmetology

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of fees

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 of at least three years 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 of not less than one thousand 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, as well as such regulations as shall from time to time be prescribed by the board.

      Sec.12.  Section 21 of the above-entitled act is hereby amended so as to read as follows:

      Section 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 board of cosmetology, and at the same time the entire amount of such collections shall be paid to the treasurer 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.


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

ê1933 Statutes of Nevada, Page 247 (CHAPTER 174, AB 121)ê

 

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. All orders for payment of money from the fund herein designated shall be drawn on the treasurer and countersigned by the president and secretary of the state board of cosmetology.

      Sec.13.  The above-entitled act is hereby amended by adding thereto a section to be known as section 24, which said section 24 shall read as follows:

      Section 24.  Every person violating any of the provisions of this act, and every person required by the provisions of this act to perform any act or duty, who shall fail, refuse or neglect to perform such duty in the manner directed by the provisions of this act, and every person required by the provisions of this act to perform any duty at specified time or in a specified manner who shall fail, refuse or neglect to perform said duty at the time and in the manner provided by the terms of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five ($25) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than twenty-five (25) days nor more than six (6) months, or by both such fine and imprisonment.

 

 

 

 

New section added

 

Violations and penalties

 

________

 

CHAPTER 175, SB 101

[Senate Bill No. 101–Senator Branson]

 

Chap. 175–An Act to prohibit profiteering in articles upon which there is a sales tax, and to provide a penalty therefor.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either national or state, when sold, offered or exposed for sale, trade or barter, in the State of Nevada, more than the actual amount of such sales tax in the smallest unit under which any of such articles are offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than one cent, one cent and no more may be added to the price of such unit when sold.

 

 

 

 

 

 

 

 

 

 

Profiteering on articles on which there is sales tax


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

ê1933 Statutes of Nevada, Page 248 (CHAPTER 175, SB 101)ê

 

 

 

 

 

 

 

Penalty for violation

 

 

In effect

 

      No public entertainment or amusement of any kind whatever, for which admission is charged, shall add to the price of admission, or to tickets sold therefor, in case of a national or state tax on such admission or tickets in the State of Nevada, more than the actual amount of the tax on each admission or ticket to the price of such admission or ticket.

      Sec.2.  Violation of any provision of this act shall be a misdemeanor, and shall be punishable by a fine of not less than ten dollars nor more than five hundred dollars, or imprisonment in the county jail not less than ten days nor more than six months, or both such fine and imprisonment.

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

 

________

 

CHAPTER 176, SB 123

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to meet, when and where

[Senate Bill No. 123–Senator Marsh]

 

Chap. 176–An Act to amend section 6 of an act entitled “An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917, as amended.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 6 of the above-entitled act, being paragraph 6547 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Beginning on the fourth Monday of August the said commission shall sit in Carson City as a state board of equalization. The chairman of the said commission shall be the chairman of the said board of equalization, and each member of said commission shall have a vote upon said board. The secretary of the Nevada tax commission shall act as the secretary of the state board of equalization. At such meeting it shall be the duty of the state board of equalization to review the tax rolls of the various counties as corrected by county boards of equalization, and to raise or lower for the purpose of state equalization the valuations therein established by county assessors and county boards of equalization, on any class or piece of property in whole or in part in any county save and except those classes of property enumerated in section 5 of this act, exclusive of live stock, which shall be equalized by the said state board; and in equalizing the assessment of said property it shall be the duty of said board of equalization to so raise or lower such valuation as to produce an aggregate assessment of all property within the state (including the property enumerated in section 5 of this act) sufficient when the state tax levy is applied thereto to produce the revenues required from taxation as shown in the budget of estimated state expenses provided for in section 8 of this act.


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

ê1933 Statutes of Nevada, Page 249 (CHAPTER 176, SB 123)ê

 

of this act) sufficient when the state tax levy is applied thereto to produce the revenues required from taxation as shown in the budget of estimated state expenses provided for in section 8 of this act. Said board of equalization shall complete their labors on or before the second Saturday after convening, and any person deeming himself aggrieved by any action of the state board of equalization may complain to the Nevada tax commission within ten days from the opening of its ensuing regular session, and said tax commission may correct or remedy any inequality or error so complained of. Showing on complaint may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof. At the meeting of the state board of equalization, as provided for in this section, in the year 1933, and annually thereafter, said state board of equalization shall fix the valuation for assessment purposes per head of all live stock in the state; and such valuation, however, shall be subject to equalization.

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

Assessment must be sufficient to provide sufficient revenue

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 177, AB 255

[Assembly Bill No. 255–Mr. Goodin]

 

Chap. 177–An Act to amend sections 17 and 25 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 27, 1931.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 17 of the above-entitled act is hereby amended to read as follows:

 


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

ê1933 Statutes of Nevada, Page 250 (CHAPTER 177, AB 255)ê

 

 

Operation of motor vehicle by nonresident

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees for registration

      Section 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) All nonresident owners and/or operators of motor vehicles used or to be used on the public highways of this state in the carrying of persons and/or property for hire, shall be governed by the provisions of all laws of this state pertaining thereto, and shall, in addition to the licenses provided for by this act, before commencing operations in this state, comply with and secure the licenses provided by the motor vehicle carrier licensing laws of this state.

      Sec.2.  Section 25 of the above-entitled act is hereby amended to read as follows:

      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 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; provided, that on and after January 1, 1934, there shall be paid to the department for registration of every stock passenger car and of every reconstructed or specially constructed passenger car, regardless of weight or number of passengers capacity, a flat registration fee of five dollars only.


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

ê1933 Statutes of Nevada, Page 251 (CHAPTER 177, AB 255)ê

 

number of passengers capacity, a flat registration fee of five dollars only.

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

      (d) For every truck, trailer, truck-tractor and semitrailer forty-five cents per hundred pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.

      The provisions of the “Public Weighmaster Act of Nevada,” approved March 8, 1923, the same being sections 8307-8319 Nevada Compiled Laws 1929, are hereby made applicable to this act. All motor vehicles required to be weighed under the provisions of this act shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the vehicle commissioner and the state sealer of weights and measures, and according to the provisions of the public weighmaster act. It shall be the duty of the state sealer of weights and measures from time to time, upon request of the vehicle commissioner, to appoint additional public weighmasters, according to the provisions of the public weighmaster act, as may be necessary to effectuate the purposes of this act; provided, public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the vehicle commissioner as evidence of the weight of the motor vehicle for which a license is applied.

      Sec.3.  This act shall become effective immediately upon its passage and approval.

 

 

 

 

 

 

 

“Public weighmaster act” to apply

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 178, SB 155

[Senate Bill No. 155–Senator Heidtman]

 

Chap. 178–An Act to amend an act entitled “An act relating to bonds issued by counties, cities, towns, school districts and other municipal corporations, and repealing all acts and parts of acts in conflict therewith,” approved March 23, 1927, by adding thereto a new section to be known as section 6 1/2.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The above-entitled act, the same being paragraphs 6085 to 6092, inclusive, of Nevada Compiled Laws 1929, is hereby amended by adding thereto a new section to be known as section 6 1/2.

 


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

ê1933 Statutes of Nevada, Page 252 (CHAPTER 178, SB 155)ê

 

 

Municipal authorities may issue bonds

 

 

 

 

 

 

 

In effect

 

      Section 6 1/2.  Notwithstanding anything in this act to the contrary, the authorities of any municipal corporation mentioned herein may, if they deem it to the best interests of said municipal corporation, first offer said bonds, which they desire to issue, to the public, and in the event the said municipal authorities determine to do this they shall issue said bonds and fix the rate of interest thereon, said rate not to exceed the maximum rate allowed by law, and shall fix the denomination of said bonds at $100, $500 or $1,000, to be offered for sale at not less than par and accrued interest by the treasurer or clerk of said municipal corporation, and in such amounts or installments as may be necessary to meet the requirements of the said municipal corporation.

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

 

________

 

CHAPTER 179, SB 208

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution proposing amendment to the constitution of the United States

[Senate Bill No. 208–Joint Judiciary Committee of the Senate and Assembly]

 

Chap. 179–An Act to provide for the calling and holding of a state convention to consider the joint resolution of Congress proposing an amendment to the constitution of the United States to repeal the 18th amendment; and other matters relating thereto.

 

[Approved March 25, 1933]

 

      Whereas, The secretary of state of the United States has transmitted to the governor of the State of Nevada a certified copy of a resolution of Congress entitled “Joint Resolution Proposing an Amendment to the Constitution of the United States,” passed during the second session of the seventy-second Congress of the United States, “begun and held at the city of Washington on Monday, the fifth day of December, one thousand nine hundred and thirty-two”; and

      Whereas, The said secretary of state of the United States requested that the governor of the State of Nevada cause said joint resolution to be submitted to a convention in this state for such action as may be had, and that a certified copy of any action taken be communicated to the said secretary of state of the United States, as required by section 160, title 5, United States Code; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section1.  For the purpose of considering the ratification or rejection of the joint resolution of the Congress of the United States entitled “Joint Resolution Proposing an Amendment to the Constitution of the United States,” passed during the second session of the seventy-second Congress of the United States, begun on the 5th day of December, 1932, and reading as follows:


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

ê1933 Statutes of Nevada, Page 253 (CHAPTER 179, SB 208)ê

 

passed during the second session of the seventy-second Congress of the United States, begun on the 5th day of December, 1932, and reading as follows:

 

SEVENTY-SECOND CONGRESS OF THE UNITED STATES OF AMERICA;

 

At the Second Session,

Begun and held at the City of Washington on Monday, the fifth day of December, one thousand nine hundred and thirty two.

________

 

JOINT RESOLUTION

 

Proposing an amendment to the Constitution of the United States.

________

 

      Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by conventions in three-fourths of the several States:

 

Article......................

      Section1.  The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

      Sec.2.  The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

      Sec.3.  This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

                                                                                                 Jno. N. Garner,

                                                                           Speaker of the House of Representatives.

                                                                                                Charles Curtis,

                                                                             Vice President of the United States

                                                                                               and President of the Senate.

 

      The governor of the State of Nevada is hereby authorized and directed to call a convention to convene in the assembly chamber of the state capitol at Carson City, Nevada, on the 5th day of September, 1933, at 11 o’clock a. m. of said day, for the purpose of considering the ratification or rejection of a joint resolution of the second session of the seventy-second Congress, begun on the 5th day of December, 1932.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution

 

 

 

 

 

 

Repeal of eighteenth amendment

Transportation of intoxicating liquors

 

Seven years to ratify

 

 

 

 

 

 

 

 

 

Governor to call convention


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

ê1933 Statutes of Nevada, Page 254 (CHAPTER 179, SB 208)ê

 

 

 

 

 

 

Form of call

The governor shall, on or before the 1st day of May, 1933, call said convention by the issuance of a proclamation, and giving notice thereof by publication in one newspaper of each county of the state wherein a newspaper is published, and by posting in each voting precinct of each county wherein no newspaper is published, said notice and call for said convention, to be in substantially the following form:

Proclamation of a State Convention Called to Consider the Ratification or Rejection of the Joint Resolution of Congress Submitting to Conventions of the States the Repeal of the 18th Amendment to the Constitution of the United States.

 

      It is hereby proclaimed that a state convention in the State of Nevada is to be held in the assembly chamber of the state capitol of the State of Nevada at Carson City, Nevada, on the 5th day of September, 1933, at the hour of 11 o’clock a. m. of said day, for the purpose of considering the ratification or rejection of the following joint resolution of Congress:

 

SEVENTY-SECOND CONGRESS OF THE UNITED STATES OF AMERICA;

 

..... At the Second Session,

Begun and held at the City of Washington on Monday, the fifth day of December, one thousand nine hundred and thirty-two.

________

 

JOINT RESOLUTION

 

Proposing an amendment to the Constitution of the United States.

________

 

      Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by conventions in three-fourths of the several States:

 

Article......................

 

      Section1.  The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

      Sec.2.  The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

      Sec.3.  This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


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

ê1933 Statutes of Nevada, Page 255 (CHAPTER 179, SB 208)ê

 

from the date of the submission hereof to the States by the Congress.

                                                                                                  Jno. N. Garner,

                                                                                Speaker of the House of Representatives.

                                                                                                  Charles Curtis,

                                                                                Vice President of the United States

                                                                                              and President of the Senate.

 

      Forty delegates are to be elected to attend said convention, and each county shall be entitled to one delegate for each member of the assembly to which said county was entitled in the assembly in the thirty-sixth session of the Nevada state legislature, said delegates to be elected as provided by law.

      Dated:......................day of......................, 1933.

      [Great Seal]                                                .........................................................

Attest:...................................................                                      Governor.

                                        Secretary of State.

 

      Sec.2.  On the second Saturday in June, 1933, a county convention shall be held at the county seat of each county in the state for the purpose of electing delegates to the state convention provided for in this act. The boards of county commissioners of the several counties shall on or before the 15th day of May, 1933, cause notice of the holding of such county convention to be published in at least one newspaper, if any is published in such county, which notice shall be in substantially the following form:

 

Notice of County Convention

 

      Notice is hereby given that a county convention for......................County is hereby called to be held in the county courthouse at......................in said county at 11 o’clock a. m. on the 10th day of June, 1933; that at said county convention delegates to the state convention to be held at Carson City, Nevada, on the 5th day of September, 1933, for the purpose of considering the ratification or rejection of the joint resolution of Congress repealing the 18th amendment to the constitution of the United States, will be elected; that delegates to such county convention shall be chosen at mass meetings to be held in each voting precinct in the county on the 27th day of May, 1933, and that each of such voting precincts is entitled to the number of delegates to such county convention, who shall be qualified electors therein, specified below after the name or number of such precinct as follows:

 

                 Name of precinct                               Number of delegates

              ............................................        to     ...........................................

      By order of the board of county commissioners of......................County.

      [Seal]                                                                           By................................

                                                                                                        County Clerk.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dates for holding conventions; duties of county commissioners

 

 

 

 

 

 

Form of notice


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

ê1933 Statutes of Nevada, Page 256 (CHAPTER 179, SB 208)ê

 

Delegates elected, number from each county

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Every precinct to have delegate

      The number of delegates from each voting precinct in each county to the county convention for such county shall be in proportion to the number of votes cast within such precinct for congressman for all candidates for such office in the general election held in November, 1932, as follows:

      Counties casting under 400 votes. In counties in which the total vote cast at such preceding November election for congressman shall not have exceeded four hundred, each precinct shall have one delegate for each ten votes, or major fraction thereof so cast within such precinct;

      Counties casting 400-600 votes. In counties in which such total vote so cast shall have exceeded four hundred and shall not have exceeded six hundred, each precinct shall have one delegate for each sixteen votes, or major fraction thereof, so cast within such precinct;

      Counties casting 600-800 votes. In counties in which such total vote so cast shall have exceeded six hundred but shall not have exceeded eight hundred, each precinct shall have one delegate for each twenty votes, or major fraction thereof, so cast within such precinct;

      Counties casting 800-1,400 votes. In counties in which such total vote so cast shall have exceeded eight hundred but shall not have exceeded fourteen hundred, each precinct shall have one delegate for each thirty votes, or major fraction thereof, so cast within such precinct;

      Counties casting 1,400-2,000 votes. In counties in which such total vote so cast shall have exceeded fourteen hundred but shall not have exceeded two thousand, each precinct therein shall have one delegate for each forty votes, or major fraction thereof, so cast within such precinct;

      Counties casting 2,000-3,000 votes. In counties in which such total vote so cast shall have exceeded two thousand but shall not have exceeded three thousand, each precinct therein shall have one delegate for each sixty votes, or major fraction thereof, so cast within such precinct;

      Counties casting 3,000-4,000 votes. In counties in which such total vote so cast shall have exceeded three thousand but shall not have exceeded four thousand, each precinct therein shall have one delegate for each seventy votes, or major fraction thereof, so cast within such precinct;

      Counties casting over 4,000 votes. In counties in which such total vote so cast shall have exceeded four thousand, each precinct therein shall have one delegate for each one hundred votes, or major fraction thereof, so cast within such precinct.

      Provided, that in all counties every precinct shall be entitled to at least one delegate to each county convention.

      The county clerk in each county shall cause a mass meeting of the qualified electors residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the 27th day of May, 1933; and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting.


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

ê1933 Statutes of Nevada, Page 257 (CHAPTER 179, SB 208)ê

 

entitled to delegates in the county convention, to be called and held in such precinct on or before the 27th day of May, 1933; and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting. Said notice shall specify the number of delegates to the county convention to be chosen at such meeting.

      At the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct, and at such meeting the delegates to which such precinct shall be entitled in the county convention shall be elected by ballot, and the result of such election shall be certified to the county convention by the chairman and the secretary of said meeting.

      At 11 o’clock a. m. on the 10th day of June, 1933, the delegates so elected to each county convention shall convene at the county courthouse in the county seat, and there organize and elect the delegates to the state convention, and take such other action, consistent with the provisions of this act, as they may deem proper. The chairman and secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.

      The number of delegates to the state convention shall be forty, and each county convention shall elect one delegate for each member of the assembly to which said county was entitled in the assembly in the thirty-sixth session of the Nevada state legislature. Every delegate to the state or any county convention shall, at the time of his election, be a qualified elector of the State of Nevada, and may publicly declare whether he favors ratification or rejection of the proposed amendment.

      Sec.3.  At 11 o’clock a. m. on the 5th day of September, 1933, the delegates elected to the state convention by the several county conventions shall convene in the assembly chamber of the state capitol in Carson City, Nevada, and there organize by electing a chairman, secretary and such other officers as they may desire, but before proceeding with the business of the convention each of said delegates shall present his credentials and, upon approval thereof, the accredited delegates shall take the constitutional oath of office as provided for state officers, which oaths shall be taken before the chief justice or any justice of the supreme court of the State of Nevada. Only such delegates duly elected and whose credentials are approved by the convention shall be entitled to vote, and no proxies shall be allowed to vote at such convention.

      Sec.4.  When such state convention shall have been organized and is ready for business, the governor of Nevada shall transmit to said convention the certified copy of the aforesaid joint resolution.

County clerk to call mass meetings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State convention to be held in Carson City

 

 

 

 

 

 

 

 

 

Governor to transmit resolution


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

ê1933 Statutes of Nevada, Page 258 (CHAPTER 179, SB 208)ê

 

 

 

Ratification or rejection

 

 

 

 

 

 

 

 

 

 

 

Delegates to receive mileage

 

 

 

 

 

 

 

Procedure may be changed

 

 

 

 

 

 

 

In effect

shall transmit to said convention the certified copy of the aforesaid joint resolution.

      Sec.5.  The said joint resolution of Congress shall upon its receipt by the convention be submitted thereto for its ratification or rejection, and a majority vote of the duly elected and accredited delegates shall be sufficient to either ratify or reject said joint resolution. The vote upon ratification or rejection of said joint resolution shall be taken upon a roll call of said delegates, and the vote thereon shall be duly recorded by the secretary of said convention, and thereupon the chairman and secretary of said convention shall cause a certified copy of the action taken by said convention on the question of the ratification or rejection of said joint resolution to be made, affix their signatures thereto as such officers, and the secretary of State of Nevada shall certify to the same, whereupon the governor of Nevada shall transmit such certified copy to the secretary of state of the United States, as required by section 160, title 5, United States Code.

      Sec.6.  Each delegate elected to said state convention and participating therein shall be entitled to and be paid mileage for attendance at said convention at the rate of five cents per mile actually and necessarily traveled, and there is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twenty-five hundred dollars to pay said mileage and such other expenses of publication of notices as may be required by this act.

      The state controller is hereby authorized and directed to pay each of said delegates the amount of mileage certified by the proper officers of said state convention, and the state treasurer is hereby authorized and directed to pay the same.

      Sec.7.  If, at or about the time of the submission of said joint resolution, Congress shall, by resolution or by statute, prescribe the manner in which such conventions shall be constituted or held, or enact any law or resolution in conflict herewith, the provisions of this act, in so far as they may be in conflict with such action of Congress, shall be inoperative, and the convention shall be constituted and shall operate in accordance with the action and direction of Congress; and all officers of this state who may by such resolution or statute be authorized or directed to take any action to constitute such a convention for this state are authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a law of this state.

      Sec.8.  This act shall become effective from and after its passage and approval.

 

________

 

 


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

ê1933 Statutes of Nevada, Page 259ê

CHAPTER 180, AB 137

[Assembly Bill No. 137–Mr. Cahlan]

 

Chap. 180–An Act to amend “An act creating coroner districts, making the justices of the peace ex officio coroners, prescribing their duties and compensation, and repealing all acts and parts of acts in conflict with the provisions of this act,” approved March 16, 1909.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 17 of said act, being paragraph 11441 N. C. L. 1929, is hereby amended to read as follows:

      Section 17.  The fees of the justice of the peace shall be as follows: For all services in summoning a jury of inquest, three dollars; for swearing a jury, fifty cents; for issuing a warrant of arrest, seventy-five cents; for issuing a subpena to each witness, twenty cents; for each mile necessarily traveled in going to and returning from the presence of the dead body, seven and one-half cents; for swearing each witness, twenty cents; for taking down testimony, or causing same to be taken under his direction, per folio, ten cents; for each day necessarily employed in holding an inquest, five dollars. All of said fees shall be paid out of the county treasury as other demands. For all services rendered by him while acting as sheriff, the same fees as are allowed to sheriffs for similar services.

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

      Sec.3.  This act shall become effective immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of justices of the peace

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 181, AB 222

[Assembly Bill No. 222–Mr. Noble]

 

Chap. 181–An Act to amend the title and sections 3, 4 and 5 of an act entitled “An act concerning mortgages of personal property, providing for their recordation, and other matters relating thereto, and repealing all acts or parts of acts in conflict herewith,” approved March 8, 1923.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The title of the above-entitled act is hereby amended to read as follows:

      An act concerning mortgages of personal property, providing for their recordation or filing, and other matters relating thereto, and repealing all acts or parts of acts in conflict herewith.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended


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

ê1933 Statutes of Nevada, Page 260 (CHAPTER 181, AB 222)ê

 

 

 

 

Mortgage void unless made in good faith and recorded

 

 

 

 

 

 

 

Mortgage of personal property to be recorded

 

 

 

 

 

 

 

 

Chattel mortgages

 

 

 

 

In effect

relating thereto, and repealing all acts or parts of acts in conflict herewith.

      Sec.2.  Section 3 of the above-entitled act, being paragraph 987 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers or incumbrancers of the mortgaged property in good faith and for value, unless:

      1.  There is appended or annexed thereto the affidavits of the mortgagor and mortgagee, or some person in their behalf, setting forth that said mortgage is made in good faith, and without any design to hinder, delay or defraud creditors.

      2.  It is acknowledged or proved, certified and recorded or filed and properly indexed as provided in section 4.

      Sec.3.  Section 4 of the above-entitled act, being paragraph 988 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  A mortgage of personal property must be recorded or filed in the office of the county recorder of the county in which the mortgagor resides, if the mortgagor be a resident of this state, and it shall also be recorded or filed and properly indexed in the county in which the property mortgaged is situated at the time of the execution thereof. Where the mortgagor is a corporation, said mortgage shall be recorded or filed in the county in which said corporation has its principal office, and where the mortgagor is a copartnership it shall be sufficient if it be recorded or filed in the county in which the principal place of business of said copartnership is located.

      Sec.4.  Section 5 of the above-entitled act, being paragraph 989 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Every chattel mortgage executed, acknowledged or proved and certified, as required by this act, and recorded or filed with the recorder of the proper counties in the manner prescribed in this act shall, from the time of filing the same with the county recorder for record, impart notice to all the world, and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.

      Sec.5.  This act shall become effective immediately upon its passage and approval.

 

________

 

 


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

ê1933 Statutes of Nevada, Page 261ê

CHAPTER 182, AB 224

[Assembly Bill No. 224–Mr. Stewart]

 

Chap. 182–An Act to amend section 47 of an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 47 of the above-entitled act, which is also designated as paragraph 8063 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 47.  Upon the filing of a petition with the clerk of the district court of the county where such district was organized, setting forth that an irrigation district should be forthwith dissolved, such petition to be signed by at least 25% of the electors owning at least 25% of the land in said district, the said clerk of the district court shall forthwith obtain an order from the judge of such court whose duty it shall be to enter an order directing the officers and directors of such irrigation district to forthwith call an election in said district for the purpose of submitting to the electors the question of whether or not such district shall be dissolved. At such election the ballot shall contain the words “Dissolution of the District-Yes”; and “Dissolution of the District-No.”

      Said petition shall recite only that such district was organized, the date of organization and that it now exists, and that the petitioners desire that an election be called to determine the question of dissolution by a vote of the electors.

      In determining the sufficiency of the percentages required on said petition, the clerk of the district court with whom such petition is filed shall be governed by the last equalized assessment roll of the said irrigation district, together with the last equalized assessment roll of the county or counties in which said district lands are situated, on file with the county assessor, county auditor and county treasurer of such county or counties, together with the list of electors from the records of said irrigation district and the registration lists and other election and citizenship records in the offices of the county clerk and county recorder of such county or counties.

      The provisions of this act relating to general elections for directors shall govern in respect to such dissolution election ordered by the court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dissolution of irrigation districts


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

ê1933 Statutes of Nevada, Page 262 (CHAPTER 182, AB 224)ê

 

Dissolution of irrigation districts

directors shall govern in respect to such dissolution election ordered by the court. The canvass of the vote at such election shall be conducted as provided by this act in general elections. The secretary of the district shall at the time and in the manner provided in this act for certifying election returns certify the result of said election to the district court of the county in which such petition for dissolution was filed.

      The court shall examine such returns on the Monday following such certification at 1:30 p. m., and in case it is found that a majority of the electors cast their vote in favor of “Dissolution of the District-Yes,” and that the electors voting at said election represent a majority of the acreage in said district, the court shall enter its order dissolving said district, and thereupon the court shall enter its further order directing the directors of said district to file with the court a financial statement showing its indebtedness and other obligations. Such statement shall be sworn to by the president before a notary public and attested by the secretary of such district.

      If the district has in force and effect a contract with the United States under the provisions of the irrigation district act, the court shall be governed by section 62 of this act.

      If the district has an outstanding bonded indebtedness or has issued bonds of the district under the provisions of this act, which are unpaid, the district court shall not enter its order dissolving such district unless and until said bonded indebtedness shall have been liquidated or the consent of the bondholders to the dissolution of the district shall have been filed in writing with the court.

      In case there is other or current indebtedness of the district outstanding not represented by a contract with the United States pursuant to the terms of this act, or represented by an outstanding bond issue duly authorized under the provisions of this act, the court shall determine the amount of such indebtedness outstanding against said district and provide for its payment as hereinafter stated. The court shall nevertheless enter its order dissolving the district, which said order shall also direct and authorize the county officers hereinafter designated to act as ex officio officers of the district for the liquidation of such indebtedness. The district directors shall have no further power to incur further indebtedness after the entry of said order. The court shall have power to enter any and all orders necessary to complete the dissolution of said district and effectuate the intent hereof. The records and papers of every kind belonging to said district shall be turned over to the county clerk for use by the proper county officers in closing the affairs of the district; the county treasurer shall perform the duties of district treasurer; the county assessor shall perform that portion of the duties of the secretary relating to district assessor; the county clerk shall perform all the other duties of the secretary of the board of directors; the board of county commissioners shall perform the duties of the board of directors; the district attorney shall perform the duties as may be required of him by such county officers.


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

ê1933 Statutes of Nevada, Page 263 (CHAPTER 182, AB 224)ê

 

perform that portion of the duties of the secretary relating to district assessor; the county clerk shall perform all the other duties of the secretary of the board of directors; the board of county commissioners shall perform the duties of the board of directors; the district attorney shall perform the duties as may be required of him by such county officers.

      The proper county officers shall proceed to levy and assess upon the lands embraced within such district proper assessments and to collect such additional taxes as may be necessary for the purpose of paying such remaining outstanding indebtedness not provided for by previous assessments. Such assessments and levies shall be made as near as may be in the same manner and with the same procedure as now provided by this act. All property of every kind belonging to the district, including lands sold to the district for taxes, shall be sold by the county commissioners as near as may be in the same manner as county lands acquired at tax sales and county property are now sold, and the proceeds, together with all money on hand, shall be used to pay off the remaining indebtedness of the district. All funds remaining after the outstanding indebtedness has been paid shall be refunded and paid pro rata to the last assessment payers according to the last assessment roll.

      The outstanding indebtedness, except in cases hereinabove mentioned where there is an outstanding lawful bond issue, or where the district has entered into a contract with the United States pursuant to the provisions of this act, shall not operate as a bar to dissolution by the district court when provision is made for the payment of such indebtedness in the manner hereinabove provided, or such indebtedness is otherwise satisfied.

      Upon the entry of the order of the court dissolving such district, the same shall be deemed dissolved and no further indebtedness of any kind shall be contracted by the board of directors of said district.

      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 from and after is passage and approval.

Dissolution of irrigation districts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 264ê

CHAPTER 183, AB 180

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What articles must state

[Assembly Bill No. 180–Mr. Noble]

 

Chap. 183–An Act to amend sections 3, 4 and 5 of an act entitled “An act to provide for the organization, management and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith,” approved March 23, 1921.

 

[Approved March 25, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 3 of the above-entitled act, being paragraph 1586 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  Each corporation formed under this act must prepare and file articles of incorporation in writing, setting forth:

      1.  The name of the corporation.

      2.  The purpose for which it is formed.

      3.  The place where its principal business will be transacted; provided, however, that other meetings of the association or meetings of the board of directors may be held either within or without the state.

      4.  The term for which it is to exist, not exceeding fifty years.

      5.  If formed with capital stock, the amount of its capital stock and the number and par value and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.

      6.  The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.

      7.  Whether the voting power and the property rights and interest of each member shall be equal or unequal, and if unequal the articles shall set forth a general rule or rules applicable to all members by which the voting power and the property rights and interests, respectively, of each member may and shall be determined and fixed, but the corporation shall have power to admit new members who shall be entitled to vote and to share in the property of the corporation with the old members, in accordance with such general rule.

      8.  In addition to the foregoing, the articles of incorporation of any association incorporated hereinunder may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, establishing of voting districts, voting powers, election of delegates for representative purposes; the issuance, retirement, and transfer of its stock, if formed with capital stock, or any provision relative to the way or manner in which it shall operate or with respect to its members, officers or directors, and any other provisions relating to its affairs.


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

ê1933 Statutes of Nevada, Page 265 (CHAPTER 183, AB 180)ê

 

election of delegates for representative purposes; the issuance, retirement, and transfer of its stock, if formed with capital stock, or any provision relative to the way or manner in which it shall operate or with respect to its members, officers or directors, and any other provisions relating to its affairs.

      9.  Said articles of incorporation shall be subscribed by three or more of the original members, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property, and shall be filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed, and thereupon the secretary of state, for a fee of five dollars, shall furnish a certified copy thereof, which shall be filed in the office of the clerk of the county where the principal business of the association is to be transacted, and also the secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office, and thereupon and upon the filing of a copy with the county clerk, the persons signing the articles and their associates and successors shall be a body politic and corporate. When so filed, the said articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.

      Sec.2.  Section 4 of the above-entitled act, being paragraph 1587 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  Each corporation incorporated under this act must, within one month after filing articles of incorporation, adopt a code of by-laws for its government and management not inconsistent with the provisions of this act. A majority vote of the membership, or the written assent of members representing a majority of the votes, is necessary to adopt such by-laws. The provisions of section one thousand one hundred twenty-five of the Revised Laws of 1912, which are not inconsistent with the provisions of this act, shall apply to the by-laws of the corporation provided for in this act. Each corporation organized hereunder may also, by its by-laws adopted as aforesaid, provide for the following matters:

      1.  Each corporation may prescribe in its by-laws the number of directors, not less than three, which it may have; also the manner of removal of any one or more of its directors, and of filling any and all vacancies of the board of directors.

What articles must state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Must adopt code of by-laws


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

ê1933 Statutes of Nevada, Page 266 (CHAPTER 183, AB 180)ê

 

Must adopt code of by-laws

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers granted

      2.  The conditions upon which and the time when membership of any member in the corporation shall cease, the mode, manner and effect of expulsion of a member, subject to the right of the corporation through its board of directors to have the full right to purchase the full interests of any member in the property or other rights of the corporation at the book value thereof, as determined by the board of directors, whenever it is to the interests of the corporation to do so.

      Any member whose rights are so purchased shall cease to be a member. The corporation may but is not obligated to retire or purchase any of its obligations before the date of maturity written thereon and held by any retiring member. Any interests which the member may have had in the corporation not represented by certificates of interest, common stock, preferred stock, other obligations duly issued by the corporation or amounts due and unpaid for products delivered shall revert to the corporation as payment for services rendered.

      3.  The amount of membership fee, if any, and the amount which each member shall be required to pay annually, or from time to time, if at all, to carry on the business of the corporation, and also the compensation, if any, to be paid by each member for any services rendered by the corporation to him, and the time of payment and the manner of collecting the same, and may provide for forfeiture of the interest of the member in the corporation for nonpayment of the same.

      4.  The number and qualifications of members of the corporation and the conditions precedent to membership and the method, time and manner of permitting members to withdraw, and providing for the assignment and transfer of the interest of members, and the manner of determining the value of such interest by the corporation upon the death, withdrawal or expulsion of a member or upon the forfeiture of his membership, at the option of the corporation.

      Sec.3.  Section 5 of the above-entitled act, being paragraph 1588 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Each corporation incorporated under this act shall have the powers granted by the provisions of other laws of Nevada, relating to private corporations, which are not inconsistent with those granted by this act, and shall also have the following powers:

      1.  To appoint such agents and officers as its business may require, and such appointed agents may be either persons or corporations; to admit persons and corporations to membership in the corporation, and to expel any member pursuant to the provisions of its by-laws; to forfeit the membership of any member for violation of any agreement between him and the corporation or for his violation of its by-laws.


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

ê1933 Statutes of Nevada, Page 267 (CHAPTER 183, AB 180)ê

 

between him and the corporation or for his violation of its by-laws.

      2.  To purchase, lease or otherwise acquire, hold, own and enjoy; to sell, lease, mortgage and otherwise encumber and dispose of any and all and every kind of real and personal property; also, to carry on any and all operations necessary or convenient in connection with the transactions of any of its business. To enter into all contracts deemed advisable with members or others requiring them to market their products, or the by-products thereof, to or through the association, by which it may act as a sole agent for the member, or by which it may purchase said products or the by-products thereof, and by which it may pool the products so handled by it, and to enjoin a breach or threatened breach of such contract.

      If members of an association contract to sell to the association, it shall be conclusively held that title to the products or the by-products thereof passes absolutely and unreservedly, except for recorded liens, to the association upon delivery or at any time before if specified in the said contract. If members of an association in their contracts appoint the said association as sole agent to sell or otherwise handle their products or by-products thereof, it shall be conclusively held that only the said association has the right to sell or otherwise dispose of the products or by-products mentioned in the contracts of such members. A contract to sell to an association, or an appointment of an association as sole agent by a member of such association, shall constitute full authority without further title to sell or resell the products or by-products thereof mentioned in the contract and to pay over to its members the proceeds of such sale after deducting all necessary selling expense, overhead and other costs and expenses, including interest on preferred stock, deductions for retiring such stock, if any, reserves, if any, and dividends or common stock or certificates of interest, if any, not to exceed 8% per annum.

      3.  Upon written assent of two-thirds of all the members or by a vote of members representing two-thirds of the total votes of all members of each of two or more such nonprofit cooperative corporations to cooperate with each other for the more economical carrying on of their respective businesses by consolidation, such consolidation shall be effected by two or more associations entering into an agreement in writing and adopting a name, which said agreement must be signed by two-thirds of the members of each such association. Such agreement must also state all the matters necessary to articles of association, and must be acknowledged by the signers before an officer competent to take an acknowledgment of deeds in this state, and be filed in the office of the county clerk of the county wherein the principal business of the association is to be transacted, and a certified copy thereof in the office of the secretary of state, and pay the same fees for filing and recording as required for filing and recording of original articles of incorporation; and from and after the filing of such certified copy, the former associations comprising the component parts cease to exist, and the consolidated association succeeds to all the rights, duties, and powers of the component associations, and is possessed of all the rights, duties, and powers prescribed in the agreement of consolidated associations not inconsistent with this title, and is subject to all the liabilities and obligations of the former competent associations, and succeeds to all the property and interests thereof, and may make by-laws and do all things permitted by this title.

Powers granted


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

ê1933 Statutes of Nevada, Page 268 (CHAPTER 183, AB 180)ê

 

Powers granted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

the county clerk of the county wherein the principal business of the association is to be transacted, and a certified copy thereof in the office of the secretary of state, and pay the same fees for filing and recording as required for filing and recording of original articles of incorporation; and from and after the filing of such certified copy, the former associations comprising the component parts cease to exist, and the consolidated association succeeds to all the rights, duties, and powers of the component associations, and is possessed of all the rights, duties, and powers prescribed in the agreement of consolidated associations not inconsistent with this title, and is subject to all the liabilities and obligations of the former competent associations, and succeeds to all the property and interests thereof, and may make by-laws and do all things permitted by this title. Any such corporation, upon resolution adopted by its board of directors, shall have the power to enter into contracts and agreements, and to make stipulations and arrangements with any other corporation or corporations for the cooperative and more economical carrying on of its business, or any part or parts thereof, or any two or more cooperative corporations organized under this title, upon resolutions adopted by their respective board of directors, may, for the purpose of more economically carrying out their respective businesses, by agreement, unite in adopting, employing and using, or several such corporations may separately adopt, employ and use the same methods, policy, means, agents, agencies and terms of marketing for carrying on and conducting their respective businesses.

      4.  Any corporation formed or consolidated under this act may be dissolved, and its affairs wound up voluntarily by the written consent of members representing two-thirds of the total votes, in the manner and with the effect provided in section one thousand two hundred fifty-eight of the Revised Laws of 1912, except that any property remaining after liquidation shall be divided among the members in proportion to their respective property interests therein.

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

 

________

 

 


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

ê1933 Statutes of Nevada, Page 269ê

CHAPTER 184, AB 316

[Assembly Bill No. 316–Mr. Hussman]

 

Chap. 184–An Act to regulate the sale of intoxicating liquors outside of the corporate limits of any incorporated city or town; creating a liquor board in the several counties of this state; prescribing the duties and declaring the powers of such board.

 

[Approved March 27, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Whenever it shall become lawful to buy, sell, possess or otherwise traffic in any intoxicating, spirituous, malt, fermented, or other liquors, or wines, the board of county commissioners, the district attorney, and the sheriff in each of the several counties in this state are hereby authorized, empowered and commissioned, for the purposes of this act, to act jointly (without further compensation) as a liquor board, to grant or refuse liquor licenses, and to revoke the same whenever there is, in the judgment of a majority of such board, sufficient reason for such revocation. It is hereby declared to be the power and duty of the liquor board in each of the several counties of the state to enact ordinances regulating the sale of intoxicating liquors in their respective counties; fixing the hours of each day during which liquor may be sold or disposed of; prescribing the conditions under which liquor may be sold or disposed of; prohibiting the employment or service of females or minors in the sale or disposition of liquor; and prohibiting the sale or disposition of liquor in places where, in judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained; provided, all liquor dealers within any incorporated city or town are to be exempt from the force and effect of this act, and are to be regulated only by the city government therein.

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

 

 

 

 

 

 

 

 

 

 

 

 

Counties may grant or refuse liquor licenses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 185, AB 314

[Assembly Bill No. 314–Mr. Cobb]

 

Chap. 185–An Act authorizing an additional stationery allowance for the members of the thirty-sixth session of the Nevada Legislature.

 

[Approved March 25, 1933]

 

      Whereas, The constitution of the State of Nevada, in article IV, section 33, provides “that an appropriation may be made for the payment of such actual expenses as members of the legislature may incur for postage, express charges, newspaper and stationery, not exceeding the sum of sixty dollars for any general or special session, to each member”; and

 

 

 

 

 

 

 

 

Preamble


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

ê1933 Statutes of Nevada, Page 270 (CHAPTER 185, AB 314)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Additional sum for stationery allowed

 

State treasurer to set sum apart

 

 

Controller to draw warrants

In effect

be made for the payment of such actual expenses as members of the legislature may incur for postage, express charges, newspaper and stationery, not exceeding the sum of sixty dollars for any general or special session, to each member”; and

      Whereas, Paragraph 7552 N. C. L. 1929, provides “that each member may be allowed not exceeding twenty dollars for the purchase of newspapers and stationery during the session”; and

      Whereas, The members have heretofore received the said allowance of twenty dollars, and said amount is insufficient as there have already been introduced in the thirty-sixth session six hundred bills and resolutions.

 

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

Assembly, do enact as follows:

 

      Section1.  Each member of the thirty-sixth session shall be allowed an additional sum of forty dollars as stationery allowance during the said session.

      Sec.2.  For the payment of same the state treasurer is hereby authorized and required to set apart, from any money now in the general fund, not otherwise specially appropriated, the sum of $2,280, which shall constitute a legislative stationery allowance fund.

      Sec.3.  The state controller is hereby authorized and required to draw his warrants on said fund in the sum of forty dollars for each member of the thirty-sixth session, and the state treasurer is hereby authorized and required to pay the same.

      Sec.4.  This act shall take effect upon its approval.

 

________

 

 


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

ê1933 Statutes of Nevada, Page 271ê

CHAPTER 186, SB 137

[Senate Bill No. 137–Committee on Agriculture, Irrigation and Reclamation of Arid Lands]

 

Chap. 186–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, as amended.

 

[Approved March 28, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 5 of the above-entitled act, being section 8012 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 5.  The regular elections of irrigation districts shall be held on the first Tuesday after the first Monday in April of the second calendar year after the completion of the organization thereof, and on the same day biennially thereafter, or as to districts heretofore organized, biennially after the first regular election therein. The directors elected at the organization election shall be selected by lot so that one, two or three directors, according to whether there are in all three, five, or seven on the board, shall hold office until their successors are elected at the next regular election and qualify, and two, three, or four directors, as the case may be, shall hold office until their successors are elected at the second regular election after organization and qualify, and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify. Directors so elected shall have the qualifications prescribed in this act for directors elected at the time of organization. Nominations for the office of directors shall be made by filing a declaration with the secretary within fifty days before the date of election and not later than twenty days before such election. Candidates shall pay twenty-five dollars filing fee with such declaration. In the event there shall be no contests for office, and no matters or propositions to be voted upon at any such election, then such election shall not be held, and the duly qualified candidates shall be deemed elected as of the date said election would otherwise have been held, and the board of directors must declare on its records said candidates to have been elected.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time for holding special elections in irrigation districts


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

ê1933 Statutes of Nevada, Page 272 (CHAPTER 186, SB 137)ê

 

 

 

Number of directors to be elected

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special meetings

      Sec.2.  Section 9 of the above-entitled act, being section 8016 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 9.  The officers of such district shall consist of three, five, or seven directors as aforesaid, a president and a vice president elected from their number, a secretary and treasurer. The board may also appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed it cannot again be changed for twelve months, and it can only be changed by resolution passed at least two months prior to the time such change shall take effect, and upon publication in a newspaper of general circulation in the district for at least two weeks prior to such change; provided, that should the regular meeting day fall upon a nonjudicial day such meeting shall be held on the first judicial day thereafter. The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business; provided, that all special meetings must be called by the president or a majority of the board. The order calling such special meeting shall be entered on the record, and the secretary shall give each member not joining in the order three days’ notice of such special meeting. The order must specify the business to be transacted at such special meeting; and none other than that specified shall be transacted. Whenever all members of the board are present at a meeting the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in May next following their election, the board of directors shall meet and organize, and elect a president and vice president, and appoint a secretary and treasurer.


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

ê1933 Statutes of Nevada, Page 273 (CHAPTER 186, SB 137)ê

 

vice president, and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs by the remaining members of the board. In cases where a vacancy occurs in the office of director and the remaining directors, at the next regular monthly meeting of the board of directors following such vacancy, do not by a majority vote of such remaining directors appoint a successor to fill such vacancy, then the president of the board of directors shall fill such vacancy by appointment, and in the event of the vacancy occurring in the office of the director who is president of the board, then the vice president shall fill the vacancy by appointment. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified.

      Sec.3.  Section 10d, being section 8021 Nevada Compiled Laws 1929, of the above-entitled act, is hereby amended so as to read as follows:

      Section 10d.  All moneys belonging to or in the custody of any irrigation district within this state, or of the treasurer or other officer thereof, shall, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of such irrigation district having legal custody of said moneys shall select for the safe-keeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer.

      For the security of such deposits there shall be delivered to the treasurer of such irrigation district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state; provided, that the penal amount of such bond or bonds shall at no time be less than the amount of money deposited by such irrigation district with such depositary; said bond or bonds shall secure and guarantee the full and complete repayment to such irrigation district or the payment to its order of all funds so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the directors of the irrigation district, may be paid out of the funds so deposited or may be required to be paid by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such irrigation district treasury notes or United States bonds, or other securities which are legal investments for savings banks in this state, the market value of which shall at all times equal the amount of funds so deposited, as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district.

Directors to file bonds; vacancies, how filled

 

 

 

 

 

 

 

 

 

 

Disposition of funds

 

 

 

 

 

 

 

 

 

 

 

 

Deposits to be protected


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

ê1933 Statutes of Nevada, Page 274 (CHAPTER 186, SB 137)ê

 

Disposition of collateral securities

 

 

 

 

 

 

 

 

 

 

 

 

Bonds to be issued consecutively

market value of which shall at all times equal the amount of funds so deposited, as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district. In the event of the failure of the depositary to repay such funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer, of an irrigation district having legal custody of its moneys, may in his discretion deposit such moneys, in whole or in part, in United States postal savings banks. He shall also have power to deposit such moneys in the same manner and under the same conditions as may be applicable to the deposit of state, county and/or municipal funds by the legal custodians thereof.

      Sec.4.  Section 16, being section 8027 Nevada Compiled Laws 1929, of said act is hereby amended so as to read as follows:

      Section 16.  The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows, to wit: At the expiration of eleven years from each issue, five per cent of the whole number of bonds of such issue; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; provided, that such percentage may be changed sufficiently so that every bond shall be in the amount of one hundred dollars, or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. The board of directors shall have the power, with the approval of a majority of the state board of irrigation district bond commissioners, to otherwise fix and determine the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment and to provide for the calling and/or redeeming of said bonds before maturity at a premium not in excess of 2% above par; provided, that in no case shall the maturity of any bond be more than 35 years from the date thereof.


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

ê1933 Statutes of Nevada, Page 275 (CHAPTER 186, SB 137)ê

 

provide for the calling and/or redeeming of said bonds before maturity at a premium not in excess of 2% above par; provided, that in no case shall the maturity of any bond be more than 35 years from the date thereof. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, which date shall be subsequent to the election at which the issuance of said bonds was authorized and prior to their delivery to a purchaser, and said bonds shall bear interest at the rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein, which may be at any place within or outside of this state, and any district may deposit moneys in any bank or banks within or outside this state for the payment of the principal or interest on such bonds at the place or places at which the same are payable, or for any other lawful purpose. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plans by levy or assessment therefor; provided further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series.

      Sec.5.  Section 24 of said act, being section 8035 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 24.  The treasurer, upon the presentation of interest coupons when due, shall pay the same from the bond fund. Whenever after ten years from the issuance of bonds said fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising for at least three weeks in some newspaper published in the county in which the office of the district is located, and in such other newspaper as the board may deem advisable, for sealed proposals for the redemption of such bonds.

 

Maturity of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional bonds may be issued

 

 

 

 

 

 

Duties of treasurer


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

ê1933 Statutes of Nevada, Page 276 (CHAPTER 186, SB 137)ê

 

Redemption of bonds to be advertised

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessment books or rolls to be delivered to county auditors, when

said fund shall amount to the sum of ten thousand dollars, the board of directors may direct the treasurer to pay such an amount of said bonds not due as the money in said fund will redeem at the lowest value at which they may be offered for liquidation, after advertising for at least three weeks in some newspaper published in the county in which the office of the district is located, and in such other newspaper as the board may deem advisable, for sealed proposals for the redemption of such bonds. Such proposals shall be opened by the board in open meeting at a time to be named in the notice, and the lowest bid or bids shall be accepted; provided, that no bonds shall be redeemed at a rate above par except in cases where said bonds are issued subject to call at a rate above par as provided in section 16 of said act. In case two or more bids are equal the lowest-numbered bond shall have the preference, and if any of said bonds are not so redeemed, that amount of the redemption money shall be invested by the treasurer under the direction of the board in United States bonds or the bonds or warrants of the state or municipal or school bonds, and such bonds and the proceeds therefrom shall belong to the bond fund.

      Sec.6.  Section 29 of said act, being section 8041 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 29.  An assessment book shall be made up for the lands in each county in which the district is situated, and the secretary of the board of directors shall forthwith certify the same not later than October 15 of each year to the county auditor, or county auditors, as the case may be, who shall adopt said assessment roll in its entirety without alteration or change as a part or unit of the tax rolls of said county or counties. The county treasurer shall issue separate itemized tax statements for such assessments. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes. The county auditor, district attorney, clerk and treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties and the sale for delinquency and redemption of the lands involved. The secretary of the board of directors, at the time of delivering the assessment roll of the district to each county auditor, shall attach thereto in some suitable form a recapitulation list showing the name or names of each person, corporation or association listed in the assessment roll and the amount of money assessed and to be collected by the county treasurer or tax collector, which said recapitulation list shall be delivered by the county auditor to the county treasurer, together with the said assessment roll. The county treasurer shall insert after each name, in a proper column provided for that purpose, the amount paid by each person, corporation or association appearing on the assessment roll, or by stamping the word “Paid” after each sum, if the assessment is paid in full.


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

ê1933 Statutes of Nevada, Page 277 (CHAPTER 186, SB 137)ê

 

after each name, in a proper column provided for that purpose, the amount paid by each person, corporation or association appearing on the assessment roll, or by stamping the word “Paid” after each sum, if the assessment is paid in full. The said recapitulation list shall be redelivered by the county treasurer to the district treasurer, together with the full amount of moneys collected, not later than the 15th day of December of each year; the treasurer shall also include in a report to the district treasurer the amount of any delinquent taxes collected, including the names of the persons paying the same and the years for which paid.

      On or before June 15 each year the county treasurer shall return to the district treasurer the said duplicate tax roll containing, in a proper column provided therefor, the amount of money paid by each person, or the word “Paid” stamped thereon after each person assessed, if paid in full; together with a statement of the amount of any delinquent taxes collected, giving the name of the party paying the same and the year for which paid; also at such time the county treasurer shall deliver to the district treasurer all moneys collected for the district subsequent to the preceding December 15. The treasurer, prior to the time of redelivery of said recapitulation list and prior to the time of redelivery of said duplicate assessment roll to the district treasurer, shall report to the county auditor the amount of money which he has collected for and on behalf of the district, and thereupon the auditor shall draw his warrant for the same, placing same in the hands of the treasurer who is authorized to pay the said moneys to the district treasurer at the time of delivering said report.

      Sec.7.  Section 29 1/2 of said act, being section 8042 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 29 1/2.  Whenever the county officers designated in section 29 shall sell any of the lands in the district because of delinquencies in the payment of district, state, or county taxes, said lands shall be sold subject to the accrued and accruing liens for district assessments, charges and tolls against the same; and under no circumstances shall the water rights of the district be included or sold at such delinquent sales unless and until all district taxes, assessments, charges and tolls against such lands shall have been first fully paid to the district. Unpaid and accruing district assessments, taxes, charges and tolls against such lands sold at delinquent tax sales shall continue a charge and lien against such lands, and any purchaser of such lands shall take the same subject to the payment by the purchaser of all such accrued and accruing charges, in addition to the purchase price of said land.

      Any irrigation district lands bought in by the district at a delinquent tax sale may be conveyed to any purchaser upon such terms as the board of directors shall deem for the best interest of the district; provided, however, that the board shall not extend the time of payment of the whole purchase price beyond the date when any bond issue or other obligation matures for which said assessments, taxes, tolls or charges form a part.

Duties of county treasurer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale of lands on which taxes have become delinquent


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

ê1933 Statutes of Nevada, Page 278 (CHAPTER 186, SB 137)ê

 

Conveyances, how made

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Directors may exclude lands

a delinquent tax sale may be conveyed to any purchaser upon such terms as the board of directors shall deem for the best interest of the district; provided, however, that the board shall not extend the time of payment of the whole purchase price beyond the date when any bond issue or other obligation matures for which said assessments, taxes, tolls or charges form a part.

      The board shall not, however, sell or otherwise dispose of the water appurtenant to, apportioned or allotted to said lands acquired at delinquent tax sales until the remaining lands in the district under irrigation to which benefits have been apportioned by the district and entitled to receive water from the district, and from the same source of supply, shall have a sufficient and adequate water supply available for such irrigated areas. The board of directors shall distribute such waters acquired at delinquent tax sale among the remaining nondelinquent land owners in the district entitled to receive water from the district in the same proportion as the original apportionment of benefits was spread over said lands.

      Sec.8.  Section 44 of the above-entitled act, being section 8059 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 44.  The board of directors of any district now or hereafter formed under the provisions of this act, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by the district or by any improvement it might make; provided, that if improvements have been commenced or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land upon which benefits have been apportioned shall be excluded, and no liens established shall be released. Within ten days after the receipt of any such application or after the passage by the board of a resolution proposing the withdrawal of such lands, the directors of the district shall give notice of such proposed change or exclusion for three consecutive weeks by posting in five public and conspicuous places in the district, with at least one posting in each division thereof, and where the owners of the land sought to be excluded can be found within the district, by serving them with written notice at least ten days before the meeting to consider such exclusion or change, and where the owners cannot be so found, then by sending said written notice by registered mail, postage paid, to the last known post-office address of such owners at least thirty days before the meeting to consider such exclusion or change, and which shall be deemed for all purposes in lieu of said personal service.


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

ê1933 Statutes of Nevada, Page 279 (CHAPTER 186, SB 137)ê

 

then by sending said written notice by registered mail, postage paid, to the last known post-office address of such owners at least thirty days before the meeting to consider such exclusion or change, and which shall be deemed for all purposes in lieu of said personal service. Not less than ten days after the completion of such posting or personal service of notice, the board shall consider the matter, and shall grant or reject the petition in whole or in part. In the event lands are excluded, or the boundary lines changed pursuant to this section, a copy of the order certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state. Any holder of title or of evidence of title to land in the district who is aggrieved at the order of the board of directors in excluding or refusing to exclude lands as provided in this act may, within thirty days from the date upon which said board makes the order excluding or refusing to exclude lands from the district as provided herein, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and directing that such lands be excluded or be not excluded, as the court may order. The provisions of sections 19 and 20 of this act, in so far as applicable, shall be followed in such proceedings.

      Sec.9.  Section 54 of the above-entitled act is hereby amended so as to read as follows:

      Section 54.  In addition to the powers with which irrigation districts are or may be vested under the laws of the state, irrigation districts shall have the following powers: To cooperate and contract with the United States under the federal reclamation act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted authorizing or permitting such cooperation, and to cooperate and contract with the State of Nevada under any laws heretofore or hereafter enacted authorizing or permitting such cooperation, for purposes of construction of works, whether for irrigation or drainage, or both, or for the acquisition, purchase, extension, operation, or maintenance of constructed works, or for a water supply, electric power and transmission lines, or for the assumption as principal or guarantor of indebtedness to the United States on account of district lands or for the collection of moneys due the United States as fiscal agents or otherwise, and to cooperate and contract with the county or counties in which any of the lands of the district may be situated for the purpose of acquiring lands within the district purchased by the county at delinquent tax sales and/or for the purpose of recovering for the district its proportion of delinquent taxes from the proceeds of the sale of such lands by the county and/or to adjust all matters growing out of the sales of lands within the district on account of delinquent taxes, and the proper county officials are hereby so authorized to contract.

Procedure of board of directors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Districts may cooperate with federal government


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

ê1933 Statutes of Nevada, Page 280 (CHAPTER 186, SB 137)ê

 

 

 

 

 

In effect

for the purpose of recovering for the district its proportion of delinquent taxes from the proceeds of the sale of such lands by the county and/or to adjust all matters growing out of the sales of lands within the district on account of delinquent taxes, and the proper county officials are hereby so authorized to contract.

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

 

________

 

CHAPTER 187, SB 211

 

 

 

 

 

 

 

 

 

 

Insurance companies to pay state tax

 

 

 

Deductions may be made, when

 

 

 

 

 

 

 

 

 

 

 

 

Duties of insurance commissioner

[Senate Bill No. 211–Committee on Ways and Means]

 

Chap. 187–An Act relating to insurance companies, providing a tax on premiums thereof, and other matters relating thereto.

 

[Approved March 28, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Every insurance company or association doing business in this state shall annually pay to the state controller, as insurance commissioner of the State of Nevada, a tax of one and one-half per cent upon the amount of the gross premiums received upon its business done in this state, less return premiums and reinsurance in companies or associations authorized to do business in this state; provided, that there shall be deducted from said one and one-half per cent upon the gross premiums the amount of any county and municipal taxes paid by such companies on real estate owned by them in this state; provided further, that the amounts of annual licenses paid by each company upon each class of business licensed annually shall be deducted from such tax on premiums, if such tax exceeds in amount the licenses so paid; provided, that when by the laws of any other state or county any taxes, fines, penalties, licenses, fees, deposits of money or of securities or other obligations or prohibitions are imposed on insurance companies of this state, doing business in such other state or country, or upon their agents therein, in excess of such taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obligations or prohibitions, imposed upon insurance companies of such other state or country, so long as such laws continue in force, the same obligations and prohibitions of whatsoever kind may be imposed by the legislature upon insurance companies of such other state or country doing business in this state.

      Sec.2.  The state controller of the State of Nevada, as insurance commissioner of the State of Nevada, is hereby charged with the duty of enforcing the provisions of this act, and he is hereby authorized and empowered to do and perform all necessary and proper acts and things in connection therewith.


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

ê1933 Statutes of Nevada, Page 281 (CHAPTER 187, SB 211)ê

 

and he is hereby authorized and empowered to do and perform all necessary and proper acts and things in connection therewith.

      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 188, AB 288

[Assembly Bill No. 288–Messrs. Brown and Persson]

 

Chap. 188–An Act to amend sections 3, 11, 12, 25, 35, 51, 53, 54, 69, 74, 79, 91, and 92 of 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.

 

[Approved March 28, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Section 3 of the above-entitled act, being section 3037 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  The words “game fish,” wherever used in this act, shall be held to mean and include river trout, rainbow trout, lake trout, brook trout, white fish, landlocked salmon, royal chinook salmon, perch, bass, and catfish.

      Sec.2.  Section 11 of the above-entitled act, being section 3045 N. C. L. 1929, is hereby amended to read as follows:

      Section 11.  There shall be and is hereby created a state board of “Fish and Game Commissioners,” which shall consist of five members, one from each of the divisions hereafter provided, and each of whom shall be a citizen and resident of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Game fish classified

 

 

 

 

Board of fish and game commissioners created


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

ê1933 Statutes of Nevada, Page 282 (CHAPTER 188, AB 288)ê

 

Governor to appoint board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of board

provided, and each of whom shall be a citizen and resident of the State of Nevada. The appointment of the members of the state fish and game commission shall be made by the governor, and all of the members of said board shall serve at the pleasure of the governor. The said state fish and game commissioners shall, as soon as appointed under this act, and biennially thereafter, meet and organize by the election of a chairman and secretary, and shall hold semiannual meetings with full attendance at the office of said board. Regular meetings shall, and other meetings may, be held at such times and places as may be deemed necessary and proper. Three members of said state board of fish and game commissioners shall constitute a quorum and shall have full power to transact any and all such business which may come before said fish and game commissioners. All accounts for expenditures made or incurred by the said board of fish and game commissioners, or by any commissioner pursuant to the provisions of this act, shall be approved by the said board and, upon being approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer.

      Sec.3.  Section 12 of the above-entitled act, being section 3046 N. C. L. 1929, is hereby amended to read as follows:

      Section 12.  The said fish and game commissioners, as soon as appointed and organized under this act, shall take under their control all state property such as fish hatcheries and other means and appliances now belonging to the State of Nevada, and for the protection and propagation of fish and game in the state. Said fish and game commissioners, individually or collectively, shall have full power and authority to enforce all laws of the State of Nevada respecting the protection, preservation and propagation of fish, game animals, and game birds within the state. They shall have the power to appoint such game wardens as they may deem necessary to enforce the provisions of this act, and when so appointed said game wardens shall be clothed with all the police powers necessary to enforce the provisions of this act. The board shall have the exclusive power to extend and disburse all funds of the State of Nevada acquired for the protection, preservation or propagation of fish and game, and arising from state appropriations, gifts or otherwise; the board of fish and game commissioners shall have full power and authority to condemn and dispose of all property owned by the State of Nevada and used for the protection or propagation of fish and game, which shall have been found to be of no further use or value to the state, and shall turn over the proceeds arising therefrom to the state fish and game preservation fund. Said board of fish and game commissioners shall have full power and authority to use so much of any available funds as may be necessary for the acquisition of lands, water rights, and easements, and other property; and for the construction, maintenance, operation and repair of fish hatcheries and other means and appliances for the protection and propagation of fish and game in the State of Nevada.


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

ê1933 Statutes of Nevada, Page 283 (CHAPTER 188, AB 288)ê

 

acquisition of lands, water rights, and easements, and other property; and for the construction, maintenance, operation and repair of fish hatcheries and other means and appliances for the protection and propagation of fish and game in the State of Nevada. They may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him and all of his appointees. The said board of commissioners shall have the power to remove any of said officers or employees for good and sufficient cause. The said fish and game commissioners shall report biennially to the governor, giving an account of their transactions under this act, and of all receipts and disbursements under this act, and of all receipts and disbursements under its provisions.

      Sec.4.  Section 25 of the above-entitled act, being section 3059 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  It shall be unlawful for any person to fish in or from the waters described and designated in district No. 1 between the dates of the first day of October and the fifteenth day of April of the following year, both dates included.

      Sec.5.  Section 35 of the above-entitled act, being section 3069 N. C. L. 1929, is hereby amended to read as follows:

      Section 35.  It shall be unlawful for any person at any time to transport or offer for transportation to any place outside of this state any game or game fish taken within this state; provided, that a permit may be acquired from the commission or its agents, the game wardens or deputies, under regulations, for the transportation of any of the protected fish or game birds or game animals under this act to any point outside of the state, which are not intended to be for sale, and in an amount not to exceed one day’s limit in number.

      Sec.6.  Section 51 of the above-entitled act, being section 3085 N. C. L. 1929, is hereby amended to read as follows:

      Section 51.  The several boards of county commissioners in this state may appoint a fish and game warden and deputies for their respective counties, whose duty it shall be to carry out and enforce at any place in the state, all of the provisions of any law of this state relating to fish and game, and to assist in the stocking of the various streams, lakes and rivers of the state with fish, such appointment to be made for such terms as shall seem expedient to the board of county commissioners making the same, and the board shall have power to remove said fish and game warden or deputies at pleasure. The several boards of county commissioners shall likewise have power to fix the salaries of the fish and game wardens respectively appointed by them, and shall regulate the expenses to be allowed to such fish and game wardens in the performance of their duties. Every fish and game warden or deputies appointed hereunder shall report monthly to the said commissioners, giving detailed statements of all arrests made, convictions had, fines collected, and generally in regard to the management of his office.

Powers and duties of board

 

 

 

 

 

 

 

 

 

 

Limit of season designated

 

 

 

Unlawful to ship fish out of state

 

 

 

 

 

 

 

County commissioners may appoint fish and game wardens


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

ê1933 Statutes of Nevada, Page 284 (CHAPTER 188, AB 288)ê

 

 

 

 

 

 

Licenses to hunt or fish

 

 

 

 

 

Form of license

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees for resident license

 

 

Nonresident license

game warden or deputies appointed hereunder shall report monthly to the said commissioners, giving detailed statements of all arrests made, convictions had, fines collected, and generally in regard to the management of his office.

      Sec.7.  Section 53 of the above-entitled act, being section 3087 N. C. L. 1929, is hereby amended to read as follows:

      Section 53.  Licenses granting the privilege to hunt or fish during the open season as fixed by law shall be issued and delivered, upon application, by the county clerk of any of the counties of this state, or by any agent or agents designated by any county clerk, or by the state fish and game warden, or the deputy state and county wardens, which shall have written thereon the words:

 

Expires December 31, 19.............

State of Nevada, County of.......................................

 

Angler’s License-Hunting License

Name.................................................................................................................................

Age....................................................Height.....................................................................

Eyes, color............................................Hair, color...........................................................

Residence..........................................................................................................................

      The holder of this license hereby agrees to exhibit any game in my possession to any regularly appointed state or county warden or deputy warden upon demand.

Owner’s signature.............................................................................................................

No..............Date issued.......................................................................Not transferable.

 

      The county clerk shall designate the class of license issued to each person by printing, or stamping across the face and stub thereof words indicating the class, as designated in the following section, together with the sum paid therefor.

      Sec.8.  Section 54 of the above-entitled act, being section 3088 N. C. L. 1929, is hereby amended to read as follows:

      Section 54.  The licenses shall be issued at the following prices:

      First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of one dollar and fifty cents ($1.50) for fishing license and two dollars and fifty cents ($2.50) for a hunting license.

      Second-To any citizen of the United States, not a bona fide resident, upon the payment of three dollars ($3) for fishing license, or ten dollars ($10) for a hunting license.

      Third-To any person, not a citizen of the United States, upon the payment of seven dollars and fifty cents ($7.50) for a fishing license.

      Fourth-To any person, not a citizen of the United States, who shall have declared his intention to become such citizen according to the law made and provided for such purposes, who is a bona fide resident of the State of Nevada, upon the payment of ten dollars ($10) for a hunting license; provided, that after he has declared his intention to become a citizen he must complete his naturalization at the earliest period allowed by law; provided further, that said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.


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

ê1933 Statutes of Nevada, Page 285 (CHAPTER 188, AB 288)ê

 

who is a bona fide resident of the State of Nevada, upon the payment of ten dollars ($10) for a hunting license; provided, that after he has declared his intention to become a citizen he must complete his naturalization at the earliest period allowed by law; provided further, that said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.

      Fifth-To any person, not a citizen of the United States, upon the payment of twenty-five dollars ($25) for a hunting license; provided, that said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.

      Sixth-Every nonresident or alien trapper must have a hunting license, and shall pay therefor a license fee as follows: Alien declarant trappers and nonresident citizen trappers, ten dollars ($10) each; and for an alien trapper, twenty-five dollars ($25) each.

      Seventh-The county clerks of their respective counties shall, during the month of January of each year, prepare and forward to the fish and game commissioners at Reno, Nevada, a statement setting forth the number of fishing and hunting licenses issued in their county, designating resident, nonresident, declarant alien, and alien licenses for the preceding year. All sums received from the sale of alien licenses shall be paid to the credit of the fish and game fund of the respective counties.

      Sec.9.  Section 69 of the above-entitled act, being section 3103 N. C. L. 1929, is hereby amended to read as follows:

      Section 69.  It shall be unlawful for any person to hunt or have in his or her possession during any one calendar day, in open season, a greater number than fifteen ducks, ten sagehen, or sagecock, ten snipe, four geese, four brants, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, twenty-five doves, three partridge, five cottontail rabbits, or two mountain hare, or one day’s limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state or county fish or game warden or deputy warden or the state fish and game commission may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one day’s limit; provided further, that in the event of any change in the federal game law wherein the bag limit may be increased, the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.

Nonresident license

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Possession of game limited


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

ê1933 Statutes of Nevada, Page 286 (CHAPTER 188, AB 288)ê

 

 

 

 

 

Unlawful to sell game

 

 

 

 

 

Beaver protected until 1936; exception

 

 

 

 

 

 

 

 

 

 

 

 

 

Must procure duplicate license tag to hunt deer

 

 

 

 

 

 

 

Form of duplicate tag

the fish and game commission may, by proclamation through the press, increase the limits herein provided within the limitations of the federal law.

      Sec.10.  Section 74 of the above-entitled act, being section 3108 N. C. L. 1929, is hereby amended to read as follows:

      Section 74.  It is hereby made unlawful for any person to sell, or expose for sale, to barter, or trade, or purchase, or attempt to sell, barter, trade, or purchase any deer meat or any species of game animals, or any migratory birds or any other game birds protected by the provisions of this act.

      Sec.11.  Section 79 of the above-entitled act, being section 3113 N. C. L. 1929, is hereby amended to read as follows:

      Section 79.  It shall be unlawful for any person to hunt any beaver in the state on or before the first day of January, 1936; provided, that when beaver are doing actual damage to farms or other property in any county, the board of fish and game commissioners may, upon the filing of a verified application, authorize the trapping of such beaver; but the furs of such animals shall be taken in as good condition as possible, and must be delivered forthwith to said board, to be sold by said commissioners, and the proceeds of said sale must be deposited in the state fish and game preservation fund, and the commissioners shall, and are hereby authorized, to recompense, out of such fish and game preservation fund, for the trapping of said beaver, not more than fifty per cent of the proceeds from the sale of said beaver furs. It shall be unlawful for any person to have in his possession any hide or fur from said animals unless the same has been lawfully taken, and is lawfully in the possession of the holder thereof.

      Sec. 12.  Section 91 of the above-entitled act, being section 3125 N. C. L. 1929, is hereby amended to read as follows:

      Section 91.  Every person in the State of Nevada who hunts any deer without first procuring a duplicate license tag therefor as provided in this section shall be deemed guilty of a misdemeanor.

      (a) Duplicate license tags granting the privilege to hunt deer shall be issued and delivered by the fish and game commissioners, or their agents, to any person holding a hunting license for the current license year, upon application by such person in the form herein provided and upon the payment of one dollar by such applicant. Said license shall be prepared by the fish and game commissioners, of suitable size in the form of a duplicate tag, and have printed or stamped thereon the words “Deer Hunting License Tag No..............., State of Nevada; expires December 31, 19......., to accompany Hunting License No................,” with said tag number and appropriate year written or printed thereon, together with the other matters and things provided in paragraph (b) hereof; and said fish and game commissioners or their agents shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year.


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

ê1933 Statutes of Nevada, Page 287 (CHAPTER 188, AB 288)ê

 

the other matters and things provided in paragraph (b) hereof; and said fish and game commissioners or their agents shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year.

      (b) All duplicate license tags issued as herein provided shall be valid authority for the person to whom issued to hunt, pursue and kill deer during the open season therefor and in such numbers as may be allowed by law. Such duplicate license tag, or tags, shall continue in force until the licensee shall have killed the number of deer allowed by law to be killed in the open season therefor by any one person of this state; provided, such duplicate tags shall be void from and after the date of expiration written or printed thereon. Such licensee shall carry said duplicate license tag at any and all times while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date and time of day of such killing and sign his name on said license tag and attach the original of said license tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; and shall write the place, date and time of day of such killing and sign his name and address on the duplicate of said license tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state.

      (c) Every person applying for and securing a license tag or tags as herein provided shall exhibit his hunting license, and furnish to the fish and game commissioners, or agent appointed by the fish and game commissioners, his name, resident address, together with a written description of himself by age, weight, nationality and color of eyes and hair, and said application shall set forth the date of issuance and the number of the license tag or tags issued to such person, and the number of his hunting license. The person issuing any license tag or tags as herein provided shall write his name thereon, together with the place and date of issuance, and shall write the number of such duplicate license tag or tags so issued on the hunting license of the applicant.

      (d) Any one person holding a hunting license for the current license year shall be entitled, upon compliance with the provisions of this section, to receive only one duplicate tag for each deer allowed to be killed in the open season under the laws of this state, except upon affidavit by the applicant that a duplicate tag so issued has been lost or destroyed and then only upon payment of the original fee; provided, that no duplicate license tag or tags issued as herein provided shall be mutilated, defaced, changed or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued.

 

 

 

Owner of tag granted certain privileges

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure to secure license tag

 

 

 

 

 

 

 

Owner of hunting license entitled to duplicate tag or tags


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

ê1933 Statutes of Nevada, Page 288 (CHAPTER 188, AB 288)ê

 

 

 

 

 

False statement misdemeanor

 

 

 

 

Disposition of deer legally killed

 

 

 

 

 

Fees paid into state treasury

County clerks to act as agents

 

 

 

 

Possession prima facie evidence of violation of law

destroyed and then only upon payment of the original fee; provided, that no duplicate license tag or tags issued as herein provided shall be mutilated, defaced, changed or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued.

      (e) Every person who makes any false statements as to any of the facts required by this section for the purpose of obtaining a duplicate license tag or tags, and every person violating any of the provisions of this section shall be guilty of a misdemeanor; and shall forfeit such duplicate license tag or tags as may have been obtained, and no new license tag or tags shall be issued to such person for the remainder of the license year.

      (f) Any person legally killing a deer in this state and under the tagging system provided herein may transport said deer into any closed district, or into any other state; provided, he shall before transporting such deer have the tag herein provided for countersigned by a regular salaried officer of the fish and game commissioners or deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal, such tag shall, in addition, bear the imprint of such seal.

      (g) All moneys collected from the sale of license tags, as provided herein, shall be paid into the state treasury to the credit of the fish and game preservation fund.

      (h) It is hereby made the duty of the various county clerks of this state, upon the request of the state fish and game commission, to act as the agents of said commission in the sale and disposal of all duplicate license tags, and the said clerks shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year.

      Sec.13.  Section 92 of the above-entitled act, being section 3126 N. C. L. 1929, is hereby amended to read as follows:

      Section 92.  It shall be unlawful for any person to have in his or her control any game bird, game animal or game fish or any part thereof, the killing of which is at any time prohibited, during the time when such killing is prohibited, and the possession of same shall be prima facie evidence that it was the property of the state at the time it was caught, taken or killed in this state when the killing was unlawful and that such taking or killing occurred in the closed season; provided, that any person lawfully in the possession of any game bird, game animals, or game fish, or any part thereof, may have not to exceed sixty days after the beginning of the closed season in which to consume the same; and provided further, any person lawfully taking any deer in another state may bring the same into this state, in person, during the closed season in this state; and provided further, any person possessing any game bird, game animals, or game fish, or any part thereof, in this state during any portion of any closed season must have attached thereto such evidence of its lawful taking as is required by the law of this state, or of such other state from which the same is claimed by the possessor to have been legally taken.


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

ê1933 Statutes of Nevada, Page 289 (CHAPTER 188, AB 288)ê

 

another state may bring the same into this state, in person, during the closed season in this state; and provided further, any person possessing any game bird, game animals, or game fish, or any part thereof, in this state during any portion of any closed season must have attached thereto such evidence of its lawful taking as is required by the law of this state, or of such other state from which the same is claimed by the possessor to have been legally taken.

      Sec.14.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 189, AB 275

[Assembly Bill No. 275–Elko County Delegation]

 

Chap. 189–An Act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 28, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  The county officers of Elko County, Nevada, their deputies and such other employees as are named in this act, shall receive the following salaries in full compensation for all services rendered by them:

      Sec.2.  The district attorney of Elko County, Nevada, shall receive a salary of three thousand ($3,000) dollars per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in an amount not to exceed one hundred fifty ($150) dollars per month; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko County or any governmental agency.

      Sec.3.  The sheriff of Elko County shall receive the sum of twenty-four hundred ($2,400) dollars per annum; he shall pay into the county treasury each month all moneys collected by him for fees; provided, that twenty per cent of all moneys collected by said sheriff for sheep licenses may be retained by him as commissions and expenses for collecting the same; and provided further, that when it becomes necessary, in the discharge of other official duties, for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor; he shall also be reimbursed for any and all telegraph and telephone tolls necessary in the discharge of his official duties.

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Elko County

 

Salary of district attorney

 

 

 

 

 

 

 

Salary of sheriff


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

ê1933 Statutes of Nevada, Page 290 (CHAPTER 189, AB 275)ê

 

Sheriff allowed certain expenses

 

 

 

 

 

 

 

 

Sheriff may appoint one undersheriff

 

 

 

 

 

 

 

 

Salary of county clerk

 

 

 

 

 

Salary of county recorder and auditor

 

 

 

Salary of assessor

necessary, in the discharge of other official duties, for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor; he shall also be reimbursed for any and all telegraph and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. He shall act as deputy assessor in the collection of personal property taxes upon sheep, which taxes shall be collected at the same time as sheep licenses are collected by him; provided, no additional compensation shall be allowed for such services. The sheriff of Elko County is hereby authorized and empowered to employ one undersheriff, who shall receive a salary not to exceed one hundred fifty ($150) dollars per month; and one jailer, who shall receive a salary of one hundred ($100) dollars per month; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue, and to be paid at the rate of four dollars per day, but not to exceed one hundred ($100) dollars for services performed in any one month by any such deputy.

      Sec.4.  The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the Fourth judicial district of the State of Nevada, in and for the county of Elko, shall receive as salary the sum of twenty-one hundred ($2,100) dollars per annum; he shall pay into the county treasury each month all moneys collected by him as fees. The county clerk may appoint one deputy who shall receive a compensation in an amount not to exceed one hundred ($100) dollars per month.

      Sec.5.  The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of twenty-one hundred ($2,100) dollars per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees; he may appoint one deputy, who shall receive a compensation in an amount not to exceed one hundred dollars per month.

      Sec.6.  The assessor of Elko County, Nevada, shall receive a salary of twenty-four hundred dollars per annum and shall also be allowed to retain six per cent commissions on all poll taxes collected by him; he shall pay into the county treasury of said county each month all other moneys collected by him as fees and taxes. He may appoint one deputy who shall receive a salary in an amount not to exceed one hundred dollars per month.


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

ê1933 Statutes of Nevada, Page 291 (CHAPTER 189, AB 275)ê

 

who shall receive a salary in an amount not to exceed one hundred dollars per month. He may employ such other assistants, with unanimous consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed twelve hundred dollars in any year. The salaries and commissions authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessor’s office.

      Sec.7.  The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of twenty-one hundred ($2,100) dollars per annum, which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees. He may appoint, with the unanimous consent of the county commissioners, one deputy who shall receive a salary in an amount not to exceed one hundred dollars per month.

      Sec.8.  The county commissioners of Elko County, Nevada, shall each receive the sum of one thousand dollars ($1,000) per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.

      Sec.9.  All annual salaries herein provided shall be payable monthly in twelve equal installments.

      Sec.10.  The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed one hundred dollars per month for any one of such assistants; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistant; and to fix, from time to time, the rate per mile traveled to be allowed as expenses for travel by officers or their deputies; provided, such rate shall not be in excess of ten cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

      Sec.11.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 12.  This act shall be in full force and effect from and after April 1, 1933.

 

 

 

 

 

 

 

Salary of county treasurer and tax receiver

 

 

 

Salaries of county commissioners

 

 

 

 

 

Salaries, when paid

 

County commissioners to name assistants

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1933 Statutes of Nevada, Page 292ê

CHAPTER 190, AB 268

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three or more may incorporate

 

Corporate name; purpose for which formed

 

 

Capital stock

 

 

Surplus

 

Name of stockholder

 

Number of directors

[Assembly Bill No. 268–Committee on Banks and Banking]

 

Chap. 190–An Act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies.

 

[Approved March 28, 1933]

 

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

Assembly, do enact as follows:

 

      Section1.  Any three or more persons, a majority of whom shall be residents of this state, may execute articles of incorporation and be incorporated as a banking corporation in the manner hereinafter provided. Said articles of incorporation shall contain:

      First-The corporate name adopted by the corporation, which shall be such as to distinguish it from any other banking corporation formed or incorporated in this state, or engaged in the banking business in this state.

      Second-The place where its business is to be conducted.

      Third-The purpose for which it is formed.

      Fourth-The amount of its capital stock, which shall be divided into shares of the par value of not less than twenty-five dollars each, and which shall not be less than $50,000, and shall be assessable.

      Fifth-The amount of its original paid in surplus, which shall not be less than twenty per cent of its capital stock.

      Sixth-The name and place of residence of, and the number of shares subscribed by each stockholder.

      Seventh-The number of directors, which shall not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide subscriber for at least $1,000 of the stock of said bank, fully paid and not hypothecated, and a statement of whether or not minority members of said board will be chosen from the depositors as permitted by section 10 of this act. A majority of directors shall be residents of the State of Nevada.


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

ê1933 Statutes of Nevada, Page 293 (CHAPTER 190, AB 268)ê

 

majority of directors shall be residents of the State of Nevada.

      Eighth-The length of time the corporation is to exist, which shall not exceed fifty years.

      Ninth-And such other matters not inconsistent with law, as the incorporators may deem proper.

      Tenth-Banks organized under this act may maintain branch offices, but the location of the principal office and the parent bank shall be within the State of Nevada, and the location of all branch offices shall be fixed in the articles of incorporation, and additional branches may be from time to time established by the board of directors with the written consent of the superintendent of banks. Banks which shall have branches in not more than two counties shall have a paid up capital of at least $50,000, and a paid up surplus of at least $25,000. Banks which shall have branches in more than two counties shall have a paid up capital and surplus of at least $1,000,000, of which amount at least twenty per cent thereof shall be surplus.

      Eleventh-Said articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as shall be fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the later provisions of this act.

      Sec.2.  Said articles of incorporation shall be subscribed to by at least three of the stockholders of the proposed banking corporation, and be acknowledged by them before some person competent to take an acknowledgment of deeds, and filed in the office of the secretary of state, and one copy thereof, duly certified by the secretary of state, shall be filed in the office of the clerk of the county in which the principal place of business of the corporation is intended to be located, and another copy thereof, in like manner, shall be filed in the office of the state board of finance. The secretary of state shall issue a certificate in the form provided by law for other corporations, and the existence of such bank as a corporation shall date from the issuance of the certificate by the secretary of state, from which time it shall have and may exercise the powers conferred by law upon corporations generally, except as limited or modified by this act; provided, that such bank shall transact no business except the election of officers, and the taking and approving of their official bonds, and the receipt of payments on account of the subscriptions of the capital stock, and such other business as is incidental to its organization, until it shall have been authorized by the superintendent of banks to commence the business of banking as hereinafter provided.

      Sec.3.  When the capital stock and surplus of any bank shall have been paid up, in cash, the president or cashier thereof shall transmit to the superintendent of banks a verified statement showing the names and places of residence of the stockholders, the amount of stock subscribed and the amount paid in by each, and the amount of surplus paid in, the superintendent of banks shall thereupon have the same power to examine into the conditions and affairs of such bank as if it had been before that time engaged in the banking business, and if such bank has been organized as prescribed by law, and its capital and surplus have been fully paid in cash, and it has in all respects complied with the law, the superintendent of banks shall issue to such bank, under his hand and seal, a certificate showing that it has been organized and its capital and surplus fully paid up as required by law, and is authorized to transact a general banking business upon payment of the license fee prescribed by this act; provided, that in the reorganization of any banking corporation, the assets thereof may be accepted in lieu of cash at their actual value.

 

Life of corporation

 

 

 

May maintain branch offices

 

 

 

 

 

 

 

Articles may provide for preferred stock

 

 

Secretary of state to issue certificate


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

ê1933 Statutes of Nevada, Page 294 (CHAPTER 190, AB 268)ê

 

President or cashier to transmit to superintendent of banks statement showing names of stockholders

 

 

 

 

 

 

 

 

May own suitable building and fixtures; value thereof

 

 

 

 

 

 

 

 

 

 

May carry on trust company business

shall have been paid up, in cash, the president or cashier thereof shall transmit to the superintendent of banks a verified statement showing the names and places of residence of the stockholders, the amount of stock subscribed and the amount paid in by each, and the amount of surplus paid in, the superintendent of banks shall thereupon have the same power to examine into the conditions and affairs of such bank as if it had been before that time engaged in the banking business, and if such bank has been organized as prescribed by law, and its capital and surplus have been fully paid in cash, and it has in all respects complied with the law, the superintendent of banks shall issue to such bank, under his hand and seal, a certificate showing that it has been organized and its capital and surplus fully paid up as required by law, and is authorized to transact a general banking business upon payment of the license fee prescribed by this act; provided, that in the reorganization of any banking corporation, the assets thereof may be accepted in lieu of cash at their actual value.

      Sec.4.  A banking corporation organized under the provisions of this act shall be permitted to receive money on deposit, to buy and sell exchange, gold, silver, coin, bullion, noncurrent money and bonds, to loan money on chattel and personal security, or on real estate secured by mortgage; to own a suitable building, furniture, and fixtures for the transaction of its business, the value of which may, upon organization, be carried on the books of the bank in an amount not exceeding sixty per cent of the capital and surplus of said bank, fully paid; provided, the asset value of the building shall be written down annually at the rate of five per cent per annum to not exceeding thirty-five per cent of said capital and surplus, and the asset value of furniture and fixtures shall be written down on the books of the bank at an annual rate of ten per cent until it does not exceed the assessed value of said furniture and fixtures; and provided, that nothing in this section shall prohibit such bank from holding or disposing of such real estate as it may acquire through the collection of debts due it.

      Sec.5.  Any corporation organized under this act may state in its articles of incorporation that it will carry on a trust company business, either exclusively or in connection with the banking business, and such corporation shall thereupon have power, in addition to the powers conferred upon banks, to act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic; and accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state; to act under the order or appointment of any court as guardian, administrator, receiver or trustee; to act as executor or trustee under any will; to act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness; and to act as local or resident agent of foreign corporations.


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

ê1933 Statutes of Nevada, Page 295 (CHAPTER 190, AB 268)ê

 

executor or trustee under any will; to act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness; and to act as local or resident agent of foreign corporations. No bank shall act as agent for any insurance company.

      Sec.6.  Any banking corporation organized under the provisions of this act shall have power to carry on a savings bank business as prescribed and limited in this act. Such deposits shall be repaid to the depositors or their lawful representatives at such time and with such interest and under such regulations, assented to by the depositors, as shall be prescribed by said bank and approved by the state board of finance, which regulations shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this act, shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any county, city or school district of any state in the United States which shall have been lawfully issued; or may be loaned on negotiable paper secured by any of the above-mentioned classes of security; or upon notes or bonds secured by mortgage lien upon unencumbered real estate; provided, that second-mortgage loans may be made upon improved farm lands, but no loans shall be made upon such lands or other real estate which, including the aggregate amount of all encumbrances, shall exceed fifty per cent of the cash value thereof or eighty per cent of the assessed value thereof for tax purposes, whichever is the lesser amount; or upon notes secured by collateral security of known marketable value exclusive of mining stock; or held as cash; or may be deposited in good solvent banks; provided, that the deposits in any bank shall not exceed forty per cent of the capital and surplus of the depositing bank; provided, also, that chattel mortgages shall not be deemed collateral security, and savings banks are prohibited from investing their funds in them. When the savings bank business is conducted as a part of a general banking business, and the assets of the corporation are not segregated as between departments, then the ratio of savings deposits, including time certificates of deposit, to the total deposits, shall determine the portion of the bank’s funds which shall be invested subject to the savings bank restrictions of this act.

      Sec.7.  A pass book shall be issued to each depositor in savings bank for all money deposited on open account. Such pass book shall contain the rules and regulations adopted by such savings bank governing such deposits and shall be accepted by the depositor, and thereupon shall be deemed agreed to by him.

 

 

 

 

 

Shall have power to carry on savings bank business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitations to savings banks

 

 

 

 

 

Pass books and time certificates


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

ê1933 Statutes of Nevada, Page 296 (CHAPTER 190, AB 268)ê

 

 

 

 

 

 

 

 

Capital of $50,000 minimum

 

 

Exceptions

 

 

 

 

Capital stock may be increased

accepted by the depositor, and thereupon shall be deemed agreed to by him. In such pass book shall be entered each deposit made by and each payment made to such depositor; provided, that nothing in this act shall prohibit a savings bank from issuing time certificates for deposits. When any deposit is made in a savings bank by a minor the said bank may pay to such depositor such sums as may be due him or her, and the receipt of such minor to such savings bank shall be valid.

      Sec.8.  Hereafter no bank or trust company shall be organized, and no bank or banker shall be permitted to carry on business with a less capital than fifty thousand dollars, and paid up surplus of ten thousand dollars, and the full amount of the capital and surplus of any bank or trust company must be paid in cash, exclusive of all organization expenses, before it shall be authorized to commence business, or any individual banker be permitted to be in or continue business. Every bank now engaged in business with a capital of less than fifty thousand dollars and surplus of less than ten thousand dollars shall within four years increase its capital and add to its surplus an amount sufficient to meet the foregoing requirements and shall, in the meantime, pay no dividends.

      Sec.9.  The capital stock of any bank subject to the provisions of this act and doing business under the laws of this state may be increased or decreased within the limitations prescribed by this act at any time by a resolution adopted by two-thirds of its stockholders, at any regular meeting or at a special meeting called for that purpose, of which all stockholders shall have due notice, in the manner provided by the by-laws of such corporation; provided, that no resolution for the decrease of capital stock shall be so acted upon until notice of such proposed decrease shall have been published once a week for a period of at least four weeks in a daily newspaper of general circulation, if one be published in the county in which such bank is located, or if none, then in a weekly newspaper of general circulation published in said county. A certificate must be filed with the superintendent of banks by the officers of the meeting, and by a majority of the directors, showing the compliance with the provisions of this section, the amount of capital stock represented at the meeting, and the vote upon the question to increase or decrease the capital stock.

      No such changes in the capital stock of any such corporation shall be voted upon by the stockholders until the same shall have been agreed to in writing by the superintendent of banks. No increase of the capital stock shall be finally approved by the superintendent of banks until the amount thereof shall have been paid in cash; provided, however, that such increased capital may, when authorized by two-thirds of the stockholders of said bank, be paid in whole or in part from its surplus or undivided profits.


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

ê1933 Statutes of Nevada, Page 297 (CHAPTER 190, AB 268)ê

 

that such increased capital may, when authorized by two-thirds of the stockholders of said bank, be paid in whole or in part from its surplus or undivided profits. Whenever the capital stock of any bank shall be decreased, as provided in this section, each stockholder, owner, or holder of any stock certificate shall surrender the same for cancellation, and shall be entitled to receive a new certificate for his proportion of the new stock. No decrease in the capital stock of any bank shall be approved, unless such bank with reduced capital shall be entirely solvent, and no reduction in capital shall be approved to an amount less than is authorized by this act for banks hereafter incorporated. Whenever the capital stock of any bank shall be increased or decreased as provided in this section, and the same shall have been finally approved by the superintendent of banks, a certificate signed by the president and cashier of the bank, setting forth the amount of stock held by each shareholder shall be filed with the secretary of state, with the county clerk of the county in which such bank is located, and with the state board of finance.

      Sec.10.  Any banking corporation or association organized under, subject to, or adopting the provisions of this act, may provide for a board of directors or other governing board, of not less than five in number, the minority members of which shall be chosen and selected by the depositors therein, and the majority members of which shall be chosen and selected by the stockholders, in the manner provided by the by-laws of the corporation or association or by statute. No person shall be eligible to serve as a stockholder-director of any bank organized or existing under the laws of this state, unless he shall be a bona fide owner of one thousand dollars of stock of such bank, fully paid and not hypothecated; and no person shall be eligible to serve as a director in any bank organized and existing under the laws of this state if he be a director of any other bank in the State of Nevada, state or national. If the articles of incorporation provide for depositor-directors, within thirty days after such banking corporation or association shall have opened for business the president and secretary thereof, under their hands, for and on behalf of said corporation or association, shall name an organizing committee of five bona fide individual depositors, and not corporation depositors, designating the president and secretary thereof, and shall forthwith thereafter notify in writing, under the hand of the president and secretary of said banking corporation or association, each member of said committee of his or her appointment thereon and the chosen officers thereof. Upon receipt of said notice, it shall be the duty of the president and secretary of said committee to call a special meeting of depositors at any convenient place within the city or town in which the principal office of the banking corporation or association may be situated.

Increase or decrease in capital stock

 

 

 

 

 

 

 

 

 

 

 

 

May provide for governing board of five


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

ê1933 Statutes of Nevada, Page 298 (CHAPTER 190, AB 268)ê

 

Special meetings of depositors

 

 

 

 

 

 

 

 

 

 

Neither stockholder nor debtor to be representative of depositors on board of directors

 

 

 

 

 

 

 

 

 

Resignation or vacancy on board of directors; how filled

convenient place within the city or town in which the principal office of the banking corporation or association may be situated. Notice of said meeting shall be in writing, stating the purpose and place of said meeting, and a copy thereof shall be served on the president and secretary of said banking corporation or association, who shall forthwith thereafter cause copies of said notice to be mailed or delivered to every depositor in said banking corporation or association. At least ten days’ and not more than twenty days’ written notice, as herein provided, shall be given depositors. The president of said committee, or any other depositor, may call said meeting to order and a permanent organization shall be perfected. As soon as organized, the meeting shall designate in the usual parliamentary manner, by majority vote, the person or persons, depositors or otherwise, who shall act as the representatives of the depositors as minority members of said board of directors; provided, however, that no person who is either a stockholder or debtor of the bank shall be chosen or designated, or shall be eligible, as a representative of the depositors on said board of directors. The president and secretary of said meeting shall forthwith certify the names of the persons so selected to the president or secretary of said banking corporation or association, serve either official therewith and obtain his written acceptance thereof. Such service and acceptance shall ipso facto constitute an election to the board as herein provided. It shall be the duty of the said banking corporation or association, through its president and secretary, to forthwith notify said persons in writing of their election to the board.

      Thirty days prior to each subsequent annual meeting of said stockholders of said banking corporation or association, it shall be the duty of the president and secretary thereof to name a depositors’ committee in the manner and for the purpose hereinabove provided, and all formalities and requirements as to depositors’ meeting, certificate of election, service, plans, notification and election to the board shall be forthwith observed as hereinabove set forth.

      In case of a resignation or vacancy on the board of directors, said resignation or vacancy may be filled as follows: Should the resignation or vacancy occur within the majority members of the board, the remaining majority member or members may independently fill said vacancy or resignation, and the minority members shall have no vote thereon. Should such resignation or vacancy occur within the minority members of the board, the remaining minority member or members may independently fill said vacancy or resignation, and the majority members thereof shall have no vote thereon. Should a complete vacancy occur within the minority members of the board, so that the depositors shall be unrepresented thereon, then it shall be the duty of the president and secretary of said banking corporation or association, under their hands, for and on behalf of said corporation or association, forthwith, after said complete vacancy shall have occurred, to name a committee of five bona fide individual depositors, and not corporation depositors, designating the president and secretary thereof, as hereinabove provided, to fill said vacancies by depositors’ meeting as hereinbefore provided, with all details, formalities and requirements as to said meeting, certificate of election, service, plans, notification and election to the board, as hereinabove set forth.


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

ê1933 Statutes of Nevada, Page 299 (CHAPTER 190, AB 268)ê

 

unrepresented thereon, then it shall be the duty of the president and secretary of said banking corporation or association, under their hands, for and on behalf of said corporation or association, forthwith, after said complete vacancy shall have occurred, to name a committee of five bona fide individual depositors, and not corporation depositors, designating the president and secretary thereof, as hereinabove provided, to fill said vacancies by depositors’ meeting as hereinbefore provided, with all details, formalities and requirements as to said meeting, certificate of election, service, plans, notification and election to the board, as hereinabove set forth.

      No special quorum is required at said depositors’ meeting, herein provided, and all business may be transacted by such depositors as may be present. Prior to said meeting the president or secretary of the banking corporation or association shall furnish to the secretary of the meeting a list of all depositors, verified by the president or secretary of said banking corporation or association. Only such depositors as appear upon said verified list shall be eligible to vote; and before any business may be transacted the secretary shall announce to the meeting the names of depositors so eligible. No voting by proxy shall be permitted. Should no depositors attend the meeting it shall be the duty of the depositors’ committee appointed by the president and secretary of said banking corporation or association, as herein provided, to transact the business for which the meeting was called. Should they neglect so to do the right of representation by the depositors upon the board of directors shall be forfeited until the appointment of the depositors’ committee prior to the next annual meeting of stockholders, as hereinbefore provided, and the existing board of directors shall have the right to name the minority members thereof to serve for the ensuing term.

      Every bank now organized under existing laws of the state and open for and transacting business in the usual and customary manner, shall, within one year from and after the passage and approval of this act, comply with the provisions of this section.

      Any director, officer or other person who shall participate in any violation of the laws of the state relative to banks shall be liable for all damages which the said bank, its stockholders, depositors or creditors shall, in consequence of such violation, sustain. Such director, when appointed, shall take, in addition to the usual oath, an oath that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this act; that he is not a director of any other bank in the State of Nevada, state or national, and that as to stockholder-directors he is the owner, in good faith and in his own right of the number of shares of stock required by this act, subscribed by him and standing in his name on the books of the corporation, that the same is not hypothecated or in any way pledged as security for any loan or debt.

 

 

 

 

 

 

 

 

No special quorum required at depositors’ meeting

 

 

 

 

 

 

 

 

 

 

 

 

Must comply with all provisions

 

 

Obligations of director or officer of bank; liability if provisions of act are violated


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

ê1933 Statutes of Nevada, Page 300 (CHAPTER 190, AB 268)ê

 

Election of officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Violations sufficient to close bank

 

 

 

Assessments may be levied

 

 

 

 

Shall not invest in stock of other banks

State of Nevada, state or national, and that as to stockholder-directors he is the owner, in good faith and in his own right of the number of shares of stock required by this act, subscribed by him and standing in his name on the books of the corporation, that the same is not hypothecated or in any way pledged as security for any loan or debt. Such oath subscribed by the director making it and certified by the notary public before whom it was taken shall be immediately transmitted to the superintendent of banks, and shall be filed and preserved in his office. The directors shall elect from their number a president, vice president or vice presidents, and shall appoint a cashier, who shall be ex officio secretary, and such other officers as may be provided for in the by-laws; provided, that no person so appointed as cashier shall be eligible to be elected to or serve upon the board of directors. Such officers shall hold their offices for the term of one year and until their successors have been elected and qualified, unless sooner removed by the board of directors. The board shall require the cashier, and each officer and employee of the bank, having care of the funds, to give a good and sufficient bond to be approved by said board. The board of directors shall meet at least once each month in regular meeting, and at least quarterly a thorough examination of the books, records, funds and securities held by the bank or trust company shall be made and recorded in detail upon its record book. At each meeting of the directors, regular or special, the minutes of the previous meeting shall be read and corrected as may be desired and thereupon signed by each director present. All the provisions of this section relating to depositor-directors shall be applicable only if provided for in the articles of incorporation.

      Sec.11.  The violation of any of the provisions of this act by the officers or directors of any bank organized or existing under the laws of this state shall be sufficient cause to subject the said bank or trust company to be closed and liquidated and for the annulment of its charter.

      Sec. 12.  The holders of capital stock of any corporation organized under the provisions of this act, after they have fully paid therefor, shall be under no stockholder’s liability to the creditors of such corporation; provided, however, where the capital stock of any bank has been impaired, an assessment upon the stockholders, as hereinafter provided, may be levied to make such impairment good, and the stock of any shareholder of such bank may be sold as hereinafter provided if said assessment is not paid.

      Sec.13.  No bank shall employ its moneys, directly or indirectly, in trade or commerce by buying or selling goods, chattels, wares, or merchandise, and shall not invest any of its funds in the stock of any bank or trust company or corporation, nor make any loans or discounts upon the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and stock so purchased or acquired shall, within twelve months from the time of its purchase, be sold or disposed of at public or private sale; after the expiration of twelve months any such stock shall not be considered as part of the assets of any bank or trust company; provided, however, that nothing in this section nor in this act shall be deemed to prohibit banks from subscribing to, purchasing, or becoming the owners of stock in federal reserve banks as established by act of Congress of the United States, approved December 23, 1913, or any amendment thereof; or in any governmental agency or liquidating or financial corporation created by the Congress of the United States; provided further, that any bank may sell or become the owner of any property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, and if there be no such contract, then such collateral security may be sold in the manner provided by law; provided, however, that any such property must be sold within two years from the date of its acquisition.


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

ê1933 Statutes of Nevada, Page 301 (CHAPTER 190, AB 268)ê

 

of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and stock so purchased or acquired shall, within twelve months from the time of its purchase, be sold or disposed of at public or private sale; after the expiration of twelve months any such stock shall not be considered as part of the assets of any bank or trust company; provided, however, that nothing in this section nor in this act shall be deemed to prohibit banks from subscribing to, purchasing, or becoming the owners of stock in federal reserve banks as established by act of Congress of the United States, approved December 23, 1913, or any amendment thereof; or in any governmental agency or liquidating or financial corporation created by the Congress of the United States; provided further, that any bank may sell or become the owner of any property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, and if there be no such contract, then such collateral security may be sold in the manner provided by law; provided, however, that any such property must be sold within two years from the date of its acquisition.

      Sec.14.  Every bank doing business under the laws of this state shall have on hand in available funds an amount equal to fifteen per cent of its entire deposits; one-third shall consist of actual cash, and two-thirds of such amount may consist of balances due from good, solvent banks, selected from time to time, with the approval of the superintendent of banks; provided, that any bank that has been made the depositary for the reserve of any other bank or banks shall have on hand in the manner provided herein ten per cent of such reserve deposits, in addition to the aforementioned fifteen per cent required of its entire deposits. Whenever the available funds in any bank shall be below the required amount, such bank shall not make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight; nor pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserve shall have been restored, and the superintendent of banks shall immediately notify any bank whose lawful money reserve shall be below the amount required to be kept on hand, to make good such reserve, and if such bank shall fail to do so for a period of sixty days after such notice, it shall be deemed to be insolvent and the superintendent of banks shall take possession of the same and proceed in the manner provided in this act relating to insolvent banks. The superintendent of banks shall refuse to consider, as a part of its reserve, balances due from any bank which shall refuse or neglect to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this act, which shall enable him to determine its solvency; provided, that all banks doing a savings bank or trust company business, but which do not transact a commercial banking business, shall be required to keep on hand at all times, in available funds, a sum equal to ten per cent of their deposits, one-half of which may consist of balances due from authorized depositary banks, as hereinbefore in section 6 provided, and which are deemed solvent, and the other one-half thereof in actual cash.

 

 

 

 

 

Federal reserve banks exception

 

 

 

 

 

 

 

 

 

Must have funds on hand equal to fifteen per cent of deposits


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

ê1933 Statutes of Nevada, Page 302 (CHAPTER 190, AB 268)ê

 

 

 

 

 

 

 

 

 

State bank may become member of federal reserve bank

 

 

 

 

 

Liability

 

 

 

 

 

 

 

Penalty for false or deceptive statement

 

 

 

 

 

 

Negligence cause for removal

reserve, balances due from any bank which shall refuse or neglect to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this act, which shall enable him to determine its solvency; provided, that all banks doing a savings bank or trust company business, but which do not transact a commercial banking business, shall be required to keep on hand at all times, in available funds, a sum equal to ten per cent of their deposits, one-half of which may consist of balances due from authorized depositary banks, as hereinbefore in section 6 provided, and which are deemed solvent, and the other one-half thereof in actual cash. Any bank subject to the provisions of this act may become a member of the federal reserve bank in the district in which such bank is located, and may then deposit in such federal reserve bank any of its available funds, including any part of the reserve required by this act, and the provisions of this act limiting the amount that may be deposited by a bank in a depositary bank, and the requirements of this act relative to the reserve that must be maintained by the depositary bank against such bank deposits shall not be deemed to apply to such deposit in such federal reserve bank.

      Sec.15.  The total liability to any bank of any person, company, corporation or firm for money borrowed, including in the liability of any unincorporated company or firm the liabilities of the several members thereof, shall not at any time exceed twenty-five per cent of the capital and surplus of such bank, actually paid in, but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, shall not be considered as money borrowed.

      Sec.16.  Every president, director, manager, cashier or other officer or employee of any banking institution who knowingly prepares, signs, approves or concurs in any account, statement, return, report or document respecting the affairs of the bank containing any false or deceptive statement, or any return or report required by this act which does not set forth the true financial condition of the bank, including in such report or return all the information required by the provisions of this act, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison not exceeding five years.

      Every president, director, manager, cashier, or other officer or employee of any banking institution who negligently prepares, signs, approves or concurs in any account, statement, return, report or document respecting the affairs of the bank containing any false or deceptive statement, or any return or report required by this act which does not set forth the true financial condition of the bank, including in such report or return all the information required by the provisions of this act, shall be liable for all damages which said bank, its stockholders, creditors, or depositors shall suffer in consequence thereof, and shall be subject to removal upon order of the superintendent of banks.


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

ê1933 Statutes of Nevada, Page 303 (CHAPTER 190, AB 268)ê

 

such report or return all the information required by the provisions of this act, shall be liable for all damages which said bank, its stockholders, creditors, or depositors shall suffer in consequence thereof, and shall be subject to removal upon order of the superintendent of banks.

      Sec.17.  It shall be unlawful for any director, proprietor, partner, officer or employee of any bank or trust company to become an indorser or surety for loans to any other person, or in any manner become obligor for money borrowed from or loaned by such bank. The office or position of any director, officer or employee, who acts in contravention to the provisions of this section, shall be immediately declared vacant by the superintendent of banks, and no such director, officer or employee shall be elected or appointed to such vacancy while such indebtedness exists.

      Sec.18.  It shall be unlawful for any director, officer or employee of any bank, directly or indirectly, for himself or as the agent of others, to borrow money from such bank or trust company, unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting, and all the proceedings relating thereto shall be recorded at length in the records of the bank, and shall immediately be reported in writing to the superintendent of banks.

      Sec.19.  It shall be unlawful for any president, director, manager, cashier, or other officer or employee of any banking institution, or proprietor of, or partner in any bank, to permit the same to remain open for business, to assent to the reception of deposits or the creation of debts by such banking institution after he shall have had knowledge of the fact that it is insolvent or in failing circumstances, and it is hereby made the duty of every such officer, director, manager, proprietor, or agent of, or partners in such banking institution to examine into the affairs of the same and to know its condition, and upon the failure of any such person to discharge such duty, he shall, for the purpose of this act, be held to have had knowledge of the insolvency of such bank or trust company, or that it was in failing circumstances, and shall be deemed to have assented to the receipt of deposits while such bank is so insolvent or in failing circumstances. Every person violating the provisions of this section shall be individually responsible for deposits so received, and all such debts so contracted; provided, that any director who may have paid more than his share of the liabilities mentioned in this section, may have a proper remedy at law against such other persons as shall not have paid their full share of such liabilities.

      It shall be unlawful for any president, director, manager, cashier, or other officer or employee of any banking institution to willfully give or concur in giving to any creditor of the bank any fraudulent, undue or unfair preference over other creditors, by giving security to such creditor, or by changing the nature of his claim, or otherwise howsoever; provided, that this section shall not be construed to prohibit such bank from giving security for public moneys of the State of Nevada, or any political subdivision thereof, the Nevada industrial commission, or of the United States, or any officer, agent, agency, or department thereof, in the manner as provided by law.

 

 

 

 

Officers and employees barred from indorsing notes

 

 

 

 

Officer or employee must give security for loan

 

 

 

 

Unlawful to receive deposits, when


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

ê1933 Statutes of Nevada, Page 304 (CHAPTER 190, AB 268)ê

 

Unlawful to give any creditor unfair preference

 

 

 

 

 

Penalties for violation

 

 

 

 

 

Paid up capital to equal eight per cent of deposit liabilities

 

 

 

 

Banks to make at least three reports a year

cashier, or other officer or employee of any banking institution to willfully give or concur in giving to any creditor of the bank any fraudulent, undue or unfair preference over other creditors, by giving security to such creditor, or by changing the nature of his claim, or otherwise howsoever; provided, that this section shall not be construed to prohibit such bank from giving security for public moneys of the State of Nevada, or any political subdivision thereof, the Nevada industrial commission, or of the United States, or any officer, agent, agency, or department thereof, in the manner as provided by law.

      Every person violating the provisions of this section, or who shall be accessory to, or permit, or connive at, the receiving or accepting of any such deposits, or the giving of such preferences, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment, and shall be liable for all damages sustained by any person in consequence thereof.

      Sec.20.  The aggregate of paid up capital, together with the surplus of every bank, must equal eight per centum of its deposit liabilities. The deposits shall not be increased if such proportion of paid up capital and surplus or reserve fund to deposit liabilities is not maintained; provided, that such deposit liabilities shall be exclusive of United States and postal savings deposits, and deposits of the State of Nevada, and of any of the political subdivisions of the State of Nevada which are secured as required by law.

      Sec.21.  Every bank shall make at least three reports each year, and oftener if called upon, to the superintendent of banks, said reports to be prepared by a competent person approved by said superintendent of banks, and to be substantially in the form hereinafter set forth, which reports shall be verified by the oath or affirmation of its president or vice president, and cashier, the person by whom the same was prepared, and by at least a majority of the directors. Each report shall exhibit in detail, and under the appropriate heads, the resources and liabilities, and a profit and loss account, of such bank at the close of business on any past day specified by the superintendent of banks, and shall be transmitted to him within ten days after the receipt of a request or requisition therefor by him, and shall be published in condensed form according to his requirements, within ten days after the same is made, in a newspaper published in the county in which such bank is established, for one insertion at the expense of the bank, and such proof of publication shall be furnished within five days after the date of publication, as may be required by the superintendent of banks.


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

ê1933 Statutes of Nevada, Page 305 (CHAPTER 190, AB 268)ê

 

date of publication, as may be required by the superintendent of banks. The superintendent of banks shall also have power to call for special reports, which need not be published, from any bank whenever, in his judgment, the same is necessary in order to gain a full and complete knowledge of its condition; provided, the reports authorized and required by this section, to be called for by the superintendent of banks, shall relate to a date prior to the date of such call to be specified therein; and provided further, the prior date specified by the superintendent of banks for reports, other than special reports, shall be the day designated by the comptroller of the currency of the United States for reports of national banking associations. Each of the three annual reports as in this section required shall be kept posted in a conspicuous place in the banking room in which said bank carries on its business, and shall be made in such a manner and form as to show the exact financial condition of said bank, for the inspection of its depositors and customers.

      Said reports shall, without restricting the generality of other requirements by this act provided, be in substantially the following form:

State Charter No..........................                   Federal Reserve Charter No...........................

Report of Condition of................................................ Bank in.............................., Nevada, as Rendered to the Superintendent of Banks at the Close of Business on the......................... Day of.............................................., 19.................

 

Resources

Cash on hand physically within bank.............................................................         $.............

Cash items............................................................................................................           .............

(At actual value)

 
Bonds: a. United States Government.................................           $...............

              b. City, county or state...........................................             ...............

              c. Corporation..........................................................             ...............

Stocks: (At actual value)...................................................................................           .............

Real Estate:

      a. Banking house (less amounts written off)..............           $...............

      b. Furniture and fixtures (less depreciation written off).................................................................... ........................................................................... ...........................................................................

      c. Other than bank premises..........................................           .................           .............

Reserve with:

      a. Federal reserve bank...................................................           $...............

      b. .....................federal agency........................................             ...............           .............

Due from banks...................................................................................................           .............

Current loans and discounts:

      a. Secured.........................................................................           $...............

Special reports may be called for

 

 

 

 

 

 

 

 

 

 

 

Form of report


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

ê1933 Statutes of Nevada, Page 306 (CHAPTER 190, AB 268)ê

 

Form of report

      b. Unsecured....................................................................           .................           .............

      c. Overdrafts....................................................................           .................

Noncurrent loans (on which neither interest nor principal paid by borrower for 24 months’ period)......................................................................................                

Checks on other banks......................................................................................           .............

Other assets not included under foregoing heads (not to exceed 5% capital and surplus).................................................................................................         $     

                                                                                                                                                                                       

Total......................................................................................................................           .............

 

liabilities

Capital stock paid in...........................................................................................         $.............

Surplus.................................................................................................................           .............

Undivided profits-net.........................................................................................           .............

Dividends declared and unpaid........................................................................           .............

Public deposits:

      a. City................................................................................           $...............

      b. County..........................................................................             ...............

      c. State..............................................................................             ...............

      d. Public funds.................................................................             ...............         $.............

Deposits by banks..............................................................................................           .............

Certified and cashier’s checks outstanding...................................................           .............

Deposits by the public, payable on demand..................................................           .............

Deposits by the public, payable after notice..................................................           .............

Bills payable:

      a. General..........................................................................           $...............

      b. Loans from banks:

                        Amount secured.......................     $...............

                        Amount unsecured.......................         .................         ...............       .............

Liabilities not included under foregoing heads (not to exceed 5% of capital and surplus).................................................................................................          

                                                                                                                                                                                       

Total......................................................................................................................         $.............

Capital authorized...............................................................................................         $.............

Capital subscribed..............................................................................................         $.............

Rate per cent, last dividend declared...............................................................           .............

Rediscounts.........................................................................................................         $.............

Loans to directors and officers:

      a. Secured.........................................................................           $...............

      b. Unsecured....................................................................             ...............         $.............

Actual cost of bonds.........................................................................................         $.............

      I hereby declare that the above return is correct according to the books of...........................bank on the...........day of..............., 19..........

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

      We declare that the foregoing return is to the best of our knowledge and belief correct, and shows truly and clearly the financial position of the bank; we are familiar with section 16 of the Nevada state banking act; we further declare that the bank has never, at any time during the period to which the said return relates, let its cash reserve fall below that amount required by law, except as herein specified and explained.


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

ê1933 Statutes of Nevada, Page 307 (CHAPTER 190, AB 268)ê

 

which the said return relates, let its cash reserve fall below that amount required by law, except as herein specified and explained.

      Signed this............day of............................., 19........

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

                                                                                          President or Vice President.

 

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

                                                                                                           Cashier.

      We, representing a majority of the board of directors of this bank, declare that the foregoing return is to the best of our knowledge and belief correct, and shows truly and clearly the financial position of the bank; we are familiar with section 16 of the Nevada state banking act.

                                                                ........................................................................... Director

                                                                ........................................................................... Director

                                                                ........................................................................... Director

                                                                ........................................................................... Director

                                                                ........................................................................... Director

 

                                                                        (Verifications)

 

      Sec. 22.  Every bank which fails to make and transmit or to publish any report required under this act shall be subject to a penalty of fifty dollars for each day after the period mentioned in the preceding section that it delays to make and transmit its report or proof of publication. Whenever any bank delays or refuses to pay the penalty herein imposed for a failure to make and transmit or to publish a report, the superintendent of banks is hereby authorized to maintain an action, in the name of the state, against the delinquent bank for the recovery of such penalty, and all sums collected by such action shall be paid into the general school fund of the state.

      Sec.23.  Any bank doing business under this act may place its affairs and assets under the control of the superintendent of banks, by posting a notice on its front door as follows: “This bank is in the hands of the state superintendent of banks.” The posting of such notice or the taking possession of any bank by the superintendent of banks shall be sufficient to place all of its assets and property of whatever nature in the possession of the superintendent of banks, and shall operate as a bar to any attachment proceedings, and the said bank shall be liquidated and its property and assets administered as in this act or otherwise by law provided.

      Sec.24.  Any bank doing business under this act may voluntarily liquidate by paying off all its depositors in full and upon filing a verified statement with the superintendent of banks, setting forth the fact that all its liabilities have been paid, and on the surrendering of its certificate of authority to transact a banking business, it shall cease to be subject to the provisions of this act, and may continue to transact a loan and discount business under its charter; provided, that the superintendent of banks shall make an examination of any such bank for the purpose of determining that all its liabilities have been paid; and provided further, that the corporate name of the institution shall be first changed to eliminate any suggestion that it is a bank or engaged in the banking business.

Form of report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Penalty for failure to make report

 

 

 

 

 

 

Bank may place its affairs in control of superintendent of banks

 

 

 

 

 

May voluntarily liquidate


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

ê1933 Statutes of Nevada, Page 308 (CHAPTER 190, AB 268)ê

 

 

 

 

 

 

 

Insolvency, when

 

 

 

 

 

 

 

Dividends, when may be declared

 

Losses may be charged to surplus funds

 

 

 

 

Dividends may not be paid, when

 

 

 

 

 

 

Interest limit on time deposits

authority to transact a banking business, it shall cease to be subject to the provisions of this act, and may continue to transact a loan and discount business under its charter; provided, that the superintendent of banks shall make an examination of any such bank for the purpose of determining that all its liabilities have been paid; and provided further, that the corporate name of the institution shall be first changed to eliminate any suggestion that it is a bank or engaged in the banking business.

      Sec.25.  A bank shall be deemed to be insolvent:

      First-When the actual value of its assets is insufficient to pay its liabilities;

      Second-When it is unable to meet the demands of its creditors in the usual and customary manner;

      Third-When it shall fail to make good its capital or reserve as required by law;

      Fourth-When the superintendent of banks shall have taken possession of the bank and the assets thereof, as in this act provided, and shall have retained possession thereof for a period of thirty days.

      Sec.26.  The directors or owner of any bank doing business under this act may declare dividends of so much of the net profits as they may judge expedient.

      Sec.27.  Any losses in excess of its undivided profits, sustained by any bank operating under the provisions of this act, may be charged to its surplus fund; provided, that its surplus fund shall thereafter be reimbursed from its earnings until the minimum for such fund required under the provisions of this act shall have been reestablished, and no dividends shall be paid while such fund is less than such minimum.

      Sec.28.  No bank or bank officer or director thereof, or individual banker, shall withdraw or permit to be withdrawn, either in form of dividends or otherwise, any portion of its capital. If losses have at any time been sustained by such bank equal to or exceeding its undivided profits, then on hand, no dividend shall be paid, and no dividend shall be declared by any bank while it continues its banking business to any amount greater than its profits on hand, deducting therefrom its losses, to be ascertained by a careful estimate of the actual value of its assets at the time of making such dividends. Nothing in this section will prevent the reduction of the capital stock of any bank in the manner prescribed herein.

      Sec.29.  No bank shall pay interest on time deposits directly or indirectly at a greater rate than three per cent per annum. Any banker, or officer, director or employee of a bank who shall violate the provisions of this section shall be deemed guilty of a gross misdemeanor.


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

ê1933 Statutes of Nevada, Page 309 (CHAPTER 190, AB 268)ê

 

      Sec.30.  Every banker, officer, employee, director or agent of any bank or trust company who shall knowingly or willfully neglect to perform any duty required by this act or who shall knowingly or willfully fail to conform to any material lawful requirement made by the superintendent of banks shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the state prison not to exceed five years, or by both such fine and imprisonment.

      Sec.31.  The superintendent of banks shall have power to offer, under such conditions as he may deem proper, and not to exceed the sum of $500 in any one case, rewards for the arrest and conviction of any officer, director, agent or employee of any bank or trust company charged with violating any of the laws of this state relating to banks and banking, for which a criminal penalty is provided, or for the arrest and conviction of any person charged with stealing, with or without force, any money, property or thing of value of any bank or trust company, and the state treasurer is hereby authorized, empowered and directed to pay out of the general fund of the state all rewards so offered when the same shall be approved by the board of examiners of this state in the usual manner for allowing other claims against the state.

      Sec. 32.  It shall be unlawful for any officer, clerk or agent of any bank doing business under this act to certify any check, draft or order drawn upon such bank, unless the person, firm or corporation drawing such check, draft or order has on deposit with the said bank at the time such check, draft or order is certified an amount of money equal to the sum specified in said check, draft or order. Any check, draft or order so certified by a duly authorized officer shall be a good and valid obligation against such bank, but the owner, officer, clerk or agent of any bank or banker violating the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in the state prison not to exceed five years, or by both such fine and imprisonment.

      Sec.33.  Every banker, president, director, cashier, teller, clerk, officer or agent of any bank or banker who embezzles, abstracts, or willfully misapplies any moneys, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange, mortgage, or who makes use of any bank in any manner, with intent in either case to injure or defraud any bank or individual, person, company or corporation, or to deceive any banker, or officer of any bank, and any person who, with like intent, aids or abets any officer, clerk, or agent in any violation of this section, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine not to exceed five thousand dollars or by imprisonment in the state prison not to exceed twenty years, or both such fine and imprisonment.

Violations, when

 

 

 

 

 

 

Superintendent of banks to have power to offer reward for arrest of violator

 

 

 

 

 

 

Unlawful to certify checks if deposit impaired; penalty

 

 

 

 

 

 

 

 

 

Penalty for embezzlement


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

ê1933 Statutes of Nevada, Page 310 (CHAPTER 190, AB 268)ê

 

 

 

 

Officer or employee personally liable

 

 

 

 

Deposits of government or political subdivision of state to be protected

 

 

 

 

 

 

 

 

 

 

Duties of bank superintendent when capital has become impaired

upon conviction thereof shall be punished by a fine not to exceed five thousand dollars or by imprisonment in the state prison not to exceed twenty years, or both such fine and imprisonment.

      Sec.34.  Any officer or employee of any bank who shall pay out of the funds thereof upon the check, order or draft of any individual, firm, corporation or association which has not on deposit with such bank a sum equal to such check, order or draft, shall be personally liable to such bank for the amount so paid, but any overdraft indebtedness thus credited must be converted into a solvent note or actually paid within thirty days.

      Sec.35.  No bank shall give preference to any depositor or creditor by pledging the assets of the bank as collateral security or otherwise; provided, however, that any bank may secure funds deposited with such bank by the United States, State of Nevada, or political subdivision of said state by pledging acceptable assets of the bank as collateral security; provided further, that any bank may borrow money for temporary purposes, not to exceed the amount of its paid up capital and surplus, and may pledge any of its assets as collateral security therefor; and provided further, with written consent of the superintendent of banks and the state board of finance in each instance, a bank may borrow to the amount of fifty per cent in excess of its paid up capital and surplus, and pledge assets of the bank as collateral security therefor. Any indebtedness, however, contracted in excess of the amount limited herein, shall be null and void in its entirety.

      Sec.36.  Whenever it shall appear that the capital of any bank doing business under this act has become impaired the superintendent of banks shall forthwith notify such bank to make such impairment good and set a time limit therefor, which shall not be more than ninety days from the date of such notice; and it shall be the duty of the directors of any bank which has received such notice from the superintendent of banks immediately to meet and devise means for making good such impairment within the time limit set therefor by the superintendent of banks; and if the said directors shall determine that, for such purpose, an assessment upon the stockholders is necessary, they shall declare such assessment as may be necessary for such purpose, the same to be due and payable to said bank on some date before the expiration of such time limit. At least twenty (20) days before the expiration of such time limit the stockholders shall be notified, at their last known address, in writing, of any such assessment as may have been determined to be necessary for such purpose, together with the purpose thereof and the final date for payment of such assessment. If, within the time limit set therefor, said directors shall fail to make good said impairment of capital and shall fail to declare such assessment as hereinbefore provided, the superintendent of banks shall, within ten days thereafter, proceed as in this section directed to declare such assessment and collect the same as herein provided.


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ê1933 Statutes of Nevada, Page 311 (CHAPTER 190, AB 268)ê

 

time limit set therefor, said directors shall fail to make good said impairment of capital and shall fail to declare such assessment as hereinbefore provided, the superintendent of banks shall, within ten days thereafter, proceed as in this section directed to declare such assessment and collect the same as herein provided. The bank shall have a prior lien upon the stock of every individual stockholder, to the extent of such assessment, and in the event of refusal or failure of any stockholder to meet such assessment, then the lien may be foreclosed and the stock of such delinquent stockholder may be sold to the highest bidder at a sale noticed as provided in the case of assessment notices.

      Sec.37.  Any national bank doing business in this state may incorporate as a state bank as provided herein for the organization of banks; provided, that the superintendent of