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ê1937 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

 

THIRTY-EIGHTH SESSION OF THE LEGISLATURE

 

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1937

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Robbins]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 20, 1937]

 

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

Assembly, do enact as follows:

 

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

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

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

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

 

 

 

 

 

 

 

 

 

Legislative appropriation, $60,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

In effect

 

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ê1937 Statutes of Nevada, Page 2ê

CHAPTER 2, AB 1

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city council

 

 

 

 

 

 

Description of property to be conveyed

 

 

 

In effect

[Assembly Bill No. 1–Washoe County Delegation]

 

Chap. 2–An Act empowering, authorizing and directing the city council of the city of Reno, county of Washoe, State of Nevada, to make, execute and deliver to the United States of America a deed in fee to certain real estate within the city limits of the said city of Reno for the purpose of erection thereon of a veterans hospital, and for such other and further uses in connection therewith as may be proper, and other matters properly relating thereto.

 

[Approved January 25, 1937]

 

      Whereas, Upon application by the various veterans organizations of the State of Nevada, and good reason appearing therefor, the veterans administration of the United States has assented to the construction of a veterans hospital within the said city of Reno, Washoe County, State of Nevada; and

      Whereas, It is the desire of the city of Reno and the people of the State of Nevada that the city of Reno be authorized and empowered to deliver to the United States of America a good and sufficient title in fee simple absolute to a site within said city which has been selected therefor, upon which the United States shall erect such hospital; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Reno, Washoe County, State of Nevada, through its proper officers, is hereby empowered, authorized and directed to make, execute and deliver, without charge, to the United States of America, for the purpose of the erection thereon of a veterans hospital, and for other purposes, a good and sufficient deed conveying to the United States of America in fee simple absolute the following-described real estate, situate within the city of Reno, Washoe County, State of Nevada, to wit:

      All of blocks 10 and 13 of Burke’s addition to the city of Reno according to the official map thereof on file in the office of the county recorder of Washoe County, Nevada, and all of Crampton street lying between said blocks 10 and 13 and all alleys in said blocks 10 and 13, said alleys and said portion of Crampton street having been vacated by order of the city council of the city of Reno on July 13, 1936.

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

 

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ê1937 Statutes of Nevada, Page 3ê

CHAPTER 3, AB 2

[Assembly Bill No. 2–Mr. Thruston]

 

Chap. 3–An Act to amend section 4 of an act entitled “An act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith,” approved March 27, 1929.

 

[Approved February 2, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being paragraph 8449 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  The salaries of the judges for the districts herein provided for shall be as follows: Six thousand dollars per year for all district judges, except the judges of the Second judicial district, and the judge of the Eighth judicial district, which shall be as follows: Second judicial district seven thousand dollars per year; Eighth judicial district seven thousand two hundred dollars per year. All of said salaries shall be paid in equal monthly installments out of the district judges’ salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their county’s quota of said district judges’ salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first day of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. No salary of any judge shall be paid in advance.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of judges

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

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ê1937 Statutes of Nevada, Page 4ê

CHAPTER 4, SB 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To whom provisions of act apply

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporation may renew charter

[Senate Bill No. 2–Senator Foy]

 

Chap. 4–An Act to amend sections 1 and 93 of an act entitled “An act providing a general corporation law,” approved March 21, 1925, and being sections 1600 and 1692 Nevada Compiled Laws 1929.

 

[Approved February 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “An act providing a general corporation law,” approved March 21, 1925, and being section 1600 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  The provisions of this act shall apply to corporations hereafter organized in this state except such corporations as are expressly excluded by the provisions of this act; they shall also apply to corporations whose charters are renewed or revived in the manner provided in section 93 hereof; they shall also apply to corporations organized and still existing under any prior act or any amendment thereto, unless any such corporation be expressly excepted from the operation hereof, or there be a special provision concerning any class thereof inconsistent with some provision of this act, in which case such special provisions shall prevail, with the same force and effect as if such corporation had originally been organized under this act. Neither the existence of corporations formed or existing prior to the enactment of this act, nor any liability, cause of action, right, privilege or immunity validly existing in favor of or against any such corporation at the time of the enactment of this act shall be in any way affected, taken away or impaired by its enactment, or by any change in the requirements for the formation of corporations provided by this act, nor by the amendment or repeal of any laws under which such prior existing corporations were formed or created.

      Sec. 2.  Section 93 of an act entitled “An act providing a general corporation law,” approved March 21, 1925, and being section 1692 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 93.  Any corporation heretofore, or now, existing under the laws of this state may at any time procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and pre-existing debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing a certificate with the secretary of state, which certificate shall set forth:


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ê1937 Statutes of Nevada, Page 5 (CHAPTER 4, SB 2)ê

 

      1.  The name of the corporation, which shall be the name of said corporation at the time of such renewal or revival, or its name at the time its original charter may have expired.

      2.  The name of the city, town or place within the county in which its principal office or place of business is located in the state.

      3.  The date when such renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, prior to the date of said certificate.

      4.  Whether or not such renewal or revival is to be perpetual, and, if not perpetual, the time for which such renewal or revival is to continue.

      5.  That the corporation desiring to renew or revive, and so renewing or reviving, its charter is, or has been, duly organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence under and pursuant to and subject to the provisions of this act.

      Any corporation for which the charter has not expired shall cause said certificate to be signed by its president or vice president and secretary, duly verified by such officers before any person authorized by the laws of this state to administer oaths or affirmations, which certificate must be authorized by two-thirds in interest of the stock, in writing, or by a resolution to that effect.

      Any corporation seeking a revivor of its original or amended charter shall cause said certificate to be signed by such person or persons as may be designated or appointed by the stockholders of such corporation and duly verified by such person or persons before any person authorized to administer oaths or affirmations. The execution and filing of such certificate must be authorized by the written consent of all the stockholders of the corporation and shall contain a recital that such unanimous consent was secured; and such corporation shall further pay to the secretary of state the same fees as are now required to establish a new corporation under the provisions of this act.

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

Certificate to be filed; what shall contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

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ê1937 Statutes of Nevada, Page 6ê

CHAPTER 5, SB 9

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $5,000

 

 

 

 

Duties of controller and treasurer

[Senate Bill No. 9–Committee on Ways and Means]

 

Chap. 5–An Act for the relief of the victims of floods in the eastern and southern portions of the United States; making an appropriation therefor, and providing the payment of such appropriation to the American National Red Cross, a charitable corporation.

 

[Approved February 8, 1937]

 

      Whereas, The recent floods in the eastern and southern portions of the United States have rendered homeless thousands of people and caused much widespread suffering from hunger, deprivation of the necessities of life, exposure to the elements and epidemics of dread diseases; and

      Whereas, The president of the United States has called upon the people of the land for aid in alleviating the sufferings of the people in the flooded areas; and

      Whereas, The State of Nevada and its people, throughout the history of the state, have always responded to the call for aid for stricken humanity; and

      Whereas, It is the sense of the legislature of this state that the state itself should contribute financial assistance to such flood sufferers, in addition to the contributions made or to be made by its people; and

      Whereas, The American National Red Cross is a corporation organized and existing under and by virtue of the laws of the United States for charitable purposes, and is endowed with corporate powers to carry on a system of national relief and to receive contributions of money therefor; and

      Whereas, The American National Red Cross is now exercising its power of relief in the flooded areas of the United States; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any funds in the state treasury not otherwise appropriated the sum of five thousand ($5,000) dollars for the purpose of assisting in the alleviation of the sufferings of the victims of the floods which have recently devastated large areas in the eastern and southern portions of the United States.

      Sec. 2.  The state controller is hereby authorized and directed to forthwith draw his warrant in the amount of five thousand ($5,000) dollars, and the state treasurer is hereby authorized and directed to pay the amount of said warrant by telegraphing the amount thereof to the American National Red Cross at Washington, D. C., and take therefor a proper receipt.

      Sec. 3.  The said sum of five thousand ($5,000) dollars herein appropriated and directed paid to the American National Red Cross shall be used by it solely for the relief and benefit of the said flood victims.


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ê1937 Statutes of Nevada, Page 7 (CHAPTER 5, SB 9)ê

 

herein appropriated and directed paid to the American National Red Cross shall be used by it solely for the relief and benefit of the said flood victims.

      Sec. 4.  The secretary of state of the State of Nevada shall, upon the passage and approval of this act, forthwith deliver to the governor two duly certified copies thereof, and it shall be the duty of the governor to forward said certified copies to his excellency the president of the United States, and to the American National Red Cross at Washington, D. C.

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

Money to go to Red Cross

 

Duties of secretary of state

 

 

In effect

 

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CHAPTER 6, AB 4

[Assembly Bill No. 4–White Pine County Delegation]

 

Chap. 6–An Act ceding to the United States jurisdiction of this state over certain lands acquired by the United States for a post-office site at Ely, Nevada.

 

[Approved February 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The consent of the State of Nevada is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States to the acquisition by the United States of the following-described land in this state as a site for a federal building at Ely:

      Lying and being in the city of Ely, county of White Pine, State of Nevada; beginning at a point being the intersection of the westerly line of Fifth street with the southerly line of Clark street; running thence south 79 degrees 6 minutes west 125 feet to a point in the south line of Clark street; thence south 10 degrees 54 minutes east 100 feet to a point in the north line of a 15-foot public alley; thence north 79 degrees 6 minutes east 125 feet to a point in the west line of Fifth street; thence north 10 degrees 54 minutes west 100 feet to the point or place of beginning, being all of lots 7, 8, 9, 10 and 11 of block “Y,” as shown and delineated upon the map or plat of the townsite of Ely, filed and recorded in the office of the county recorder of White Pine County, Nevada.

      Sec. 2.  The exclusive jurisdiction in and over the land described is hereby ceded to the United States for all purposes, except the service thereon of all civil and criminal process of the courts of this state, but the jurisdiction so ceded shall continue no longer than the said United States shall own such lands; and so long as the said lands shall remain the property of the United States, and no longer, the same shall be and continue exempt and exonerated from all state, county and municipal assessment, taxation or other charges which may be levied or imposed under the authority of this state.

 

 

 

 

 

 

 

 

 

 

Land ceded to United States

 

 

Description of lands ceded

 

 

 

 

 

 

 

 

State retains right of service of process


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ê1937 Statutes of Nevada, Page 8 (CHAPTER 6, AB 4)ê

 

 

 

 

Repeal

In effect

remain the property of the United States, and no longer, the same shall be and continue exempt and exonerated from all state, county and municipal assessment, taxation or other charges which may be levied or imposed under the authority of this state.

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

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

 

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CHAPTER 7, SB 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of articles may be amended

[Senate Bill No. 3–Senator Foy]

 

Chap. 7–An Act to amend an act entitled “An act providing a general corporation law,” approved March 21, 1925, as amended 1929, 1931, and 1935, by amending sections 7, 18, 39, 40, 41, 42, 43, and 44 thereof, and by adding thereto a new section to be known as section 18a, and by repealing section 88 thereof.

 

[Approved February 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act, being section 1606, N. C. L. 1929, as amended by laws 1931, chapter 224, page 415, is hereby amended to read as follows:

      Section 7.  Any corporation having capital stock may from time to time, when and as desired, amend its certificate or articles of incorporation in any or all of the following respects:

      (1) By addition to its corporate powers and purposes, or diminution thereof, or both;

      (2) By substitution of other powers and purposes, in whole or in part, for those prescribed by its certificate or articles of incorporation;

      (3) By increasing, decreasing, or reclassifying its authorized capital stock, by changing the number, par value designations, preferences, or relative, participating, optional, or other rights, or the qualifications, limitations or restrictions of such rights, of its shares, or of any class or series of any class thereof whether or not the same be outstanding at the time of the amendment, or by changing shares with par value, whether or not the same be outstanding at the time of the amendment, into shares without par value, or by changing shares without par value, whether or not the same be outstanding at the time of the amendment, into shares with par value, either with or without increasing or decreasing the number of shares, and upon such basis as may be set forth in the certificate of amendment; provided, however, that the capital of the corporation shall not be decreased except in the manner provided in section 25 of this act;


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ê1937 Statutes of Nevada, Page 9 (CHAPTER 7, SB 3)ê

 

however, that the capital of the corporation shall not be decreased except in the manner provided in section 25 of this act;

      (4) By changing the name of the corporation; or

      (5) By making any other change or alteration in its certificate or articles of incorporation that may be desired.

      Any and all such changes or alterations may be effected by one certificate of amendment; provided, that any certificate or articles of incorporation so amended, changed or altered, shall contain only such provisions as it would be lawful and proper to insert in an original certificate or articles of incorporation, pursuant to section 4 of this act, executed, acknowledged and filed at the time of making such amendment.

      Whenever issued, shares having par value are changed into the same or a greater or less number of shares without par value, whether of the same or a different class or classes of shares, the aggregate amount of the capital of the corporation represented by such shares without par value shall be the same as the aggregate amount of capital represented by the shares so changed; and whenever issued, shares without par value are changed into other shares without par value to a greater or lesser number, whether of the same or of a different class or classes, the amount of capital represented by the new shares in the aggregate shall be the same as the aggregate amount of capital represented by the shares so changed.

      Every such amendment adopted pursuant to the provisions of this section shall be made and effected in the manner following, to wit:

      The board of directors of the corporation shall adopt a resolution setting forth the amendment proposed, declaring its advisability and calling a meeting of the stockholders entitled to vote for the consideration thereof. At such meeting, of which notice shall be given to each stockholder entitled to vote pursuant to the provisions of this section, in the manner provided in section 27 of this act, a vote of the stockholders entitled to vote in person or by proxy shall be taken for and against the proposed amendment. If it shall appear upon the canvassing of the votes that the stockholders holding shares in the corporation, entitling them to exercise at least a majority of the voting power (or such greater proportion of the outstanding shares as may be required in the case of a vote by classes or series, as hereinafter provided, or as may be required by the provisions of the certificate or articles of incorporation, or an amendment thereof) have voted in favor of the amendment, thereupon the corporation shall make, under its corporate seal, and the hands of its president, or vice president, and secretary, or assistant secretary, a certificate accordingly, setting forth such amendment, or setting forth the certificate or articles of incorporation as amended, and the vote by which such amendment was adopted, and the president,

 

 

 

 

 

How amendment effected


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ê1937 Statutes of Nevada, Page 10 (CHAPTER 7, SB 3)ê

 

How amendment effected

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stockholder entitled to certificate

 

 

 

 

Validation of certificates

or setting forth the certificate or articles of incorporation as amended, and the vote by which such amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall duly execute and acknowledge such certificate before an officer authorized by the laws of this state to take acknowledgment of deeds; and such certificate, so executed and acknowledged, shall be filed in the office of the secretary of state and a copy of such certificate, duly certified by the secretary of state, shall be filed in the office of the county clerk of the county wherein said corporation maintains its principal office; and, upon so filing the same, the certificate or articles of incorporation of such corporation shall be deemed to be amended accordingly; provided, however, that if any such proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then such amendment must be approved by the vote, in addition to the affirmative vote herein otherwise required, of the holders of a majority of the outstanding shares of each class or series so affected by such amendment regardless of limitations or restrictions on the voting power thereof; and provided further, that it shall be lawful to make provision in the certificate or articles of incorporation, or an amendment thereof, requiring, in the case of any specified amendments, a larger vote of stockholders than that required by the foregoing provisions of this section. Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes except when such series is adversely affected by an amendment in a different manner than other series of the same class.

      Sec. 2.  Section 18 of the above-entitled act, being section 1617 N. C. L. 1929, is hereby amended to read as follows:

      Section 18.  Every stockholder shall be entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares owned by him in such corporation; provided, that whenever any certificate is countersigned or otherwise authenticated by a transfer agent or transfer clerk, and by a registrar, then a facsimile of the signatures of the officers or agents of the corporation may be printed or lithographed upon such certificate in lieu of the actual signatures.

      In case any officer or officers who shall have signed, or whose facsimile signature or signatures shall have been used on, any such certificate or certificates shall cease to be such officer or officers of such corporation, whether because of death, resignation or otherwise, before such certificate or certificates shall have been delivered by such corporation, such certificate or certificates may nevertheless be adopted by such corporation and be issued and delivered as though the person or persons who signed such certificate or certificates, or whose facsimile signature or signatures shall have been used thereon, had not ceased to be such officer or officers of such corporation.


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ê1937 Statutes of Nevada, Page 11 (CHAPTER 7, SB 3)ê

 

the person or persons who signed such certificate or certificates, or whose facsimile signature or signatures shall have been used thereon, had not ceased to be such officer or officers of such corporation.

      The shares of stock in every corporation shall be personal property and shall be transferable on the books of the corporation, in such manner and under such regulations as may be provided in the bylaws. The delivery of a certificate of stock in a corporation to a bona fide purchaser or pledgee, for value, together with a written transfer of the same, or a written power of attorney to sell, assign and transfer the same, signed by the owner of the certificate, shall be a sufficient delivery to transfer the title against all parties except the corporation. No transfer of stock shall be valid against the corporation until it shall have been registered upon the books of the corporation.

      Sec. 3.  The above-entitled act is hereby amended by adding thereto, immediately after section 18 thereof, being section 1617 N. C. L. 1929, as hereby amended, a new section to be known as section 18a, to read as follows:

      Section 18a.  When the certificate or articles of incorporation are amended in any way affecting the statements contained in the certificates for outstanding shares, or it becomes desirable for any reason, in the discretion of the board of directors, to cancel any outstanding certificate for shares and issue a new certificate therefor conforming to the rights of the holder, the board of directors may order any holders of outstanding certificates for shares to surrender and exchange them for new certificates within a reasonable time to be fixed by the board of directors.

      Such order may provide that no holder of any such certificate so ordered to be surrendered shall be entitled to vote or to receive dividends or exercise any of the other rights of shareholders of record until he shall have complied with such order, but such order shall only operate to suspend such rights after notice and until compliance. Such duty of surrender of any outstanding certificates may also be enforced by action at law.

      Sec. 4.  Section 39 of the above-entitled act, being section 1638 N. C. L. 1929, is hereby amended to read as follows:

      Section 39.  Any two or more corporations, organized for the purpose of carrying on any kind of business, may be (a) merged into one of such constituent corporations, which is herein designated as “the surviving corporation,” or (b) consolidated into a new corporation, which is herein designated as “the consolidated corporation,” as follows:

      (1) The directors, or a majority of them, of each of such corporations as desire to merge or consolidate, may enter into an agreement signed by them and under the corporate seals of the respective corporations, prescribing the terms and conditions of merger or consolidation, the mode of carrying the merger or consolidation into effect, and the manner and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares (whether the same or a different number or class or classes or kind or kinds of shares) of the surviving or consolidated corporation, with such other details and provisions as are deemed necessary or desirable.

 

 

 

Shares of stock personal property; transferable

 

 

 

 

 

 

 

 

 

 

Board of directors may call in stock

 

 

 

 

 

Penalties for failure to surrender stock

 

 

 

 

 

 

Corporations may merge or consolidate


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ê1937 Statutes of Nevada, Page 12 (CHAPTER 7, SB 3)ê

 

Procedure under agreement

 

 

 

 

 

What agreement shall state

an agreement signed by them and under the corporate seals of the respective corporations, prescribing the terms and conditions of merger or consolidation, the mode of carrying the merger or consolidation into effect, and the manner and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares (whether the same or a different number or class or classes or kind or kinds of shares) of the surviving or consolidated corporation, with such other details and provisions as are deemed necessary or desirable.

      If the agreement be for a merger, it shall state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the filing of the agreement in the office of the secretary of state. If the agreement be for a consolidation, it shall state the matters required or permitted by section 4 of this act to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation, upon the filing of the agreement in the office of the secretary of state.

      The agreement may state, as the amount of capital of the surviving or consolidated corporation, as the case may be, any amount not less than (a) the aggregate par value of the shares having par value of the surviving or consolidated corporation to be distributed in place of shares of the constituent corporations issued and outstanding immediately prior to the time when said agreement becomes effective as hereinafter provided, including also, in the case of a merger in which shares of the surviving corporation with par value outstanding immediately prior to the effective date of such merger are, by the terms of said agreement, thereafter to remain outstanding, the amount of capital represented by such shares; and (b) the amount of capital represented by the shares without par value of the surviving or consolidated corporation to be distributed in place of shares of the constituent corporations issued and outstanding immediately prior to the time when said agreement becomes effective as hereinafter provided, including also, in the case of a merger in which shares of the surviving corporation without par value outstanding immediately prior to the effective date of such merger are, by the terms of said agreement, thereafter to remain outstanding, the amount of capital represented by such shares. The agreement may provide that any given portion of the surplus appearing on the books of the constituent corporations, whatever the nature or origin of the same may be, shall, to the extent to which such surplus is not capitalized by the issue of shares of the surviving or consolidated corporation or otherwise, be entered as surplus on the books of the surviving or consolidated corporation and all such surplus shall thereafter be dealt with as surplus available for dividends and for other corporate purposes; and if the agreement so provides, any portion of such surplus so entered on the books of the surviving or consolidated corporation shall be of the same character as it was on the books of the constituent corporations.


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ê1937 Statutes of Nevada, Page 13 (CHAPTER 7, SB 3)ê

 

corporation or otherwise, be entered as surplus on the books of the surviving or consolidated corporation and all such surplus shall thereafter be dealt with as surplus available for dividends and for other corporate purposes; and if the agreement so provides, any portion of such surplus so entered on the books of the surviving or consolidated corporation shall be of the same character as it was on the books of the constituent corporations. The agreement may also provide that any given portion of the deficit appearing on the books of the constituent corporations, to the extent to which such deficit is not eliminated, shall be entered as a deficit on the books of the surviving or consolidated corporation and shall thereafter be treated as such. The agreement may further provide for the distribution of cash, property or securities, in whole or in part, in lieu of shares, to stockholders of the constituent corporations or any of them; provided, however, that upon such distribution of cash, property or securities in lieu of shares, the liabilities of the surviving or consolidated corporation, and the amount of capital of the surviving or consolidated corporation stated in the agreement as the amount with which the surviving or consolidated corporation shall continue or begin business, shall not exceed the amount at which the assets of such surviving or consolidated corporation were carried on the books of the constituent corporation immediately prior to the time when said agreement becomes effective as hereinafter provided, after giving effect to such distribution.

      (2) Said agreement shall be submitted to the stockholders of each constituent corporation at a meeting thereof, called for the purpose of considering and taking action upon said agreement. Notice of the time, place and object of each such meeting shall be given in the manner required by section 27 of this act to each stockholder of each of the constituent corporations. At each such meeting said agreement shall be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the said agreement; and if the votes of stockholders of each constituent corporation representing not less than a majority of each class of the issued and outstanding shares of each such constituent corporation, even though their right to vote be otherwise restricted or denied, shall be for the adoption of the said agreement, then that fact shall be set forth in a certificate attached to said agreement by the secretary or assistant secretary of each constituent corporation, under the corporate seal thereof; and the agreement so adopted and certified shall be signed by the president or vice president, and secretary or assistant secretary, of each constituent corporation under the corporate seal thereof, and acknowledged by the president or vice president of each constituent corporation, before any officer authorized by the laws of this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation, and the agreement so certified and acknowledged shall be filed in the office of the secretary of state, and shall thence be taken and deemed to be the agreement and act of merger or consolidation of the said constituent corporations; and a certified copy thereof shall be prima-facie evidence of the performance of all conditions precedent to such merger or consolidation, and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.

What agreement shall state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agreement to be submitted to stockholders


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

ê1937 Statutes of Nevada, Page 14 (CHAPTER 7, SB 3)ê

 

 

 

 

 

Certified copy to be prima-facie evidence

 

 

 

 

 

 

 

Nevada corporations may merge or consolidate with corporations organized under laws of other states

authorized by the laws of this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation, and the agreement so certified and acknowledged shall be filed in the office of the secretary of state, and shall thence be taken and deemed to be the agreement and act of merger or consolidation of the said constituent corporations; and a certified copy thereof shall be prima-facie evidence of the performance of all conditions precedent to such merger or consolidation, and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation. It shall be lawful to make provision in the certificate or articles of incorporation of any corporation, organized under the laws of this state, requiring a larger vote of stockholders for the approval of a merger or consolidation agreement than the vote required by the foregoing provisions of this section. Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes.

      (3) Any one or more corporations organized under the provisions of this act, or organized under the laws of this state and subject to the provisions of this act, may be merged or consolidated with one or more other corporations organized under the laws of any other state or states of the United States of America, if the laws under which said other corporation or corporations are formed shall permit such consolidation or merger. The constituent corporations may be merged into a single corporation, which may be any one of said constituent corporations, and which is herein designated as “the surviving corporation,” or they may be consolidated to form a new corporation, which may be a corporation of the state of incorporation of any one of said constituent corporations as shall be specified in the agreement hereinafter required and which is herein designated as “the consolidated corporation.” All the constituent corporations shall enter into an agreement in writing which shall prescribe the terms and conditions of the merger or consolidation, the mode of carrying the merger or consolidation into effect, the manner and basis of causing the shares of each of the constituent corporations to constitute or to be converted into shares of the surviving or consolidated corporation and such other details and provisions as shall be deemed necessary or proper, including, but without limitation, any of the provisions permitted by paragraph (1) of this section. There shall also be set forth in said agreement such other facts as shall then be required to be set forth in certificates of incorporation by the laws of the state, which are stated in said agreement to be the laws that shall govern said surviving or consolidated corporation and that can be stated in the case of a consolidation or merger.


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

ê1937 Statutes of Nevada, Page 15 (CHAPTER 7, SB 3)ê

 

      If said agreement be for a merger and the surviving corporation is a corporation organized under the laws of this state, said agreement shall state any matters with respect to which the certificate or articles of incorporation of the surviving corporation are to be amended, and the certificate or articles of incorporation shall be deemed to be amended accordingly upon the filing of the agreement in the office of the secretary of state. If said agreement be for a consolidation and said consolidated corporation is to be governed by the laws of this state, said agreement shall state the matters required or permitted by section 4 of this act to be set forth in a certificate or articles of incorporation, and such statements shall be deemed to be the certificate or articles of incorporation of the consolidated corporation upon the filing of the agreement in the office of the secretary of state. Said agreement shall be authorized, adopted, approved, signed and acknowledged by each of said constituent corporations in accordance with the laws under which it is formed and, in the case of a corporation organized under the laws of this state, in the manner provided in paragraphs (1) and (2) of this section. The agreement so authorized, adopted, approved, signed and acknowledged shall be filed in the office of the secretary of state and said agreement shall thenceforth be taken and deemed to be the agreement and act of merger or consolidation of said constituent corporations for all purposes of the laws of this state; and a certified copy thereof shall be prima-facie evidence of the performance of all conditions precedent to such merger or consolidation, and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.

      If the surviving or consolidated corporation is to be governed by the laws of any state other than the laws of this state, it shall agree that it may be served with process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, prior to the merger or consolidation, under the laws of this state, including any amount fixed by appraisers or the district court pursuant to the provisions of section 41 of this act, and shall irrevocably appoint the secretary of state as its agent to accept service of process in an action for the enforcement of payment of any such obligation or any amount fixed by appraisers as aforesaid, and shall specify the address to which a copy of such process shall be mailed by the secretary of state. Service of such process shall be made by personally delivering to and leaving with the secretary of state duplicate copies of such process. The secretary of state shall forthwith send by registered mail one of such copies to such surviving or consolidated corporation at its address so specified, unless such surviving or consolidated corporation shall thereafter have designated in writing to the secretary of state a different address for such purpose, in which case it shall be mailed to the last address so designated.

Agreement to be filed in office of secretary of state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Service of process; secretary of state to be agent


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

ê1937 Statutes of Nevada, Page 16 (CHAPTER 7, SB 3)ê

 

 

 

 

 

 

Consolidating corporation becomes single corporation, when

corporation shall thereafter have designated in writing to the secretary of state a different address for such purpose, in which case it shall be mailed to the last address so designated.

      Sec. 5.  Section 40 of the above-entitled act, being section 1639 N. C. L. 1929, is hereby amended to read as follows:

      Section 40.  When an agreement shall have been signed, acknowledged and filed, as in section 39 of this act is required, for all purposes of the laws of this state the separate existence of all the constituent corporations, except that of the surviving corporation in case of merger, shall cease, and the constituent corporations shall thereupon be merged into the surviving corporation, in the case of merger, or shall become the consolidated corporation, in the case of consolidation, and shall possess all the rights, privileges, powers and franchises as well of a public as of a private nature, and be subject to all the restrictions, disabilities and duties of each of the constituent corporation so merged or consolidated, and all and singular, the rights, privileges, powers and franchises of each of the constituent corporations, and all property, real, personal and mixed, and all debts due to any of the constituent corporations on whatever account, as well for stock subscriptions as all other things in action or belonging to each of the constituent corporations, shall be vested in the surviving or consolidated corporation; and all property, rights, privileges, powers and franchises, and all and every other interest shall be thereafter as effectually the property of the surviving or consolidated corporation as they were of the several and respective constituent corporations, and the title to any real or personal property, whether by deed or otherwise, vested in any of the constituent corporations, shall not revert or be in any way impaired by reason hereof; provided, however, that all rights of creditors and all liens upon any property of any of the constituent corporations shall be preserved unimpaired, limited in lien to the property affected by such liens immediately prior to the time of the merger or consolidation, and all debts, liabilities and duties of the respective constituent corporations shall thenceforth attach to the surviving or consolidated corporation, and may be enforced against it to the same extent as if said debts, liabilities and duties had been incurred or contracted by it; provided, further, that the directors of any or all of the constituent corporations may, in their discretion, abandon such merger or consolidation subject to the right of third parties under any contracts relating thereto, without further action or approval by the stockholders of their respective corporation or corporations, at any time before the merger or consolidation becomes effective as provided by the laws of the states governing the respective constituent corporations and the surviving or consolidated corporation.


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

ê1937 Statutes of Nevada, Page 17 (CHAPTER 7, SB 3)ê

 

      Sec. 6.  Section 41 of the above-entitled act, being section 1640 N. C. L. 1929, is hereby amended to read as follows:

      Section 41.  In the case of a merger or consolidation pursuant to the provisions of section 39 and 40 of this act, if any stockholder of any constituent corporation shall vote against said agreement and shall, at or prior to the taking of the vote thereon, object thereto in writing, and if such stockholder shall also, within twenty days after the date on which said agreement is filed as in section 39 of this act provided, demand in writing from the surviving or consolidated corporation payment of his shares, the surviving or consolidated corporation shall, within thirty days thereafter, pay to such stockholder the fair cash value of his shares as of the day before the vote on the agreement of merger or consolidation was taken exclusive of any element of value arising from the expectation or accomplishment of the merger or consolidation. If within thirty days after the date such written demand is served upon the surviving or consolidated corporation, the stockholder and the surviving or consolidated corporation fail to come to an agreement as to the fair cash value of said shares, the stockholder, provided he has complied with the conditions hereinabove set forth in this section, may appeal by petition to the district court of the county in which the principal office of the surviving or consolidated corporation is located, if such corporation is a corporation organized under the laws of this state, or to the Second judicial district court of this state, if such corporation is a corporation organized under the laws of any state other than the laws of this state, to appoint three appraisers to appraise the fair cash value of such stockholder’s shares. The appraisers shall proceed forthwith to determine the fair cash value per share of said stock, and said appraisers, or a majority of them, shall make a report within the time fixed by the court and shall file such report in court. The report of the appraisers as to the fair cash value of said shares, if not opposed within ten days after said report shall have been filed in court, shall be confirmed by the court, and when confirmed shall be final and conclusive; but if said report is opposed, said opposition shall be tried summarily and judgment rendered thereon by the court. If the appraisers or a majority of them fail to make and file a report within ten days, or within such further time as may be allowed by the court, the court shall determine the fair cash value of said shares and render judgment therefor. The costs of the proceeding, including reasonable compensation to the appraisers to be fixed by the court, shall be assessed or apportioned, as the court may consider equitable, but if the appraisal exceed the price offered by the surviving or consolidated corporation, such corporation shall pay such costs. Any party shall have the right of appeal according to existing laws, provided said appeal be taken within ten days after the signing of the judgment.

 

 

Rights of dissenting stockholder as regards consolidation

 

 

 

 

 

 

 

 

 

 

 

 

 

Court to appoint appraisers


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

ê1937 Statutes of Nevada, Page 18 (CHAPTER 7, SB 3)ê

 

 

Certain rights of stockholder waived

 

 

 

 

 

 

 

 

Stockholder deemed to have assented, when

 

 

 

 

 

 

 

 

Action may be prosecuted to judgment

 

 

 

 

Liability not affected

 

 

 

 

 

 

Certain act to govern

said appeal be taken within ten days after the signing of the judgment.

      On the making of said demand in writing as aforesaid, any such stockholder shall cease to be a stockholder in said surviving or consolidated corporation and shall have no rights with respect to such shares, except as hereinafter provided in this section and except the right as a creditor to receive payment therefor as aforesaid, and upon payment of the agreed fair cash value of the shares or of the value of the shares under final judgment, said stockholder shall transfer his shares to the surviving or consolidated corporation; and in the event the surviving or consolidated corporation shall fail to pay the amount of said judgment within ten days after the same shall become final, said judgment may be collected and enforced in the manner prescribed by law for the enforcement of judgments.

      Each stockholder in each of the constituent corporations at the time the merger or consolidation becomes effective, who failed to vote against the merger or consolidation or object thereto in writing as aforesaid or to demand in writing payment of his shares as aforesaid, shall be deemed to have assented to the merger or consolidation, and, together with the stockholders voting in favor of the merger or consolidation, shall be entitled to receive certificates for shares in the surviving or consolidated corporation or cash, property or securities in lieu of shares, in the manner and on the terms specified in the agreement of merger or consolidation.

      Sec. 7.  Section 42 of the above-entitled act, being section 1641 N. C. L. 1929, is hereby amended to read as follows:

      Section 42.  Any action or proceeding pending by or against any of the constituent corporations may be prosecuted to judgment as if such merger or consolidation had not taken place, or the surviving or consolidated corporation may be substituted in its place.

      Sec. 8.  Section 43 of the above-entitled act, being section 1642 N. C. L. 1929, is hereby amended to read as follows:

      Section 43.  The liability of corporations, or the stockholders or officers thereof, or the rights or remedies of the creditors thereof, or of persons doing or transacting business with such corporations, shall not in any way be lessened or impaired by the merger or consolidation of two or more corporations under the provisions of sections 39 and 40 of this act.

      Sec. 9.  Section 44 of the above-entitled act, being section 1643 N. C. L. 1929, is hereby amended to read as follows:

      Section 44.  From and after the date upon which the merger or consolidation becomes effective, as provided in this act, the surviving or consolidated corporation, if it be a Nevada corporation, shall be governed by all provisions of “An act providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto.


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

ê1937 Statutes of Nevada, Page 19 (CHAPTER 7, SB 3)ê

 

providing a general corporation law,” approved March 21, 1925, and acts amendatory and supplemental thereto.

      Sec. 10.  Section 88 of the above-entitled act, being section 1687 N. C. L. 1929, is hereby repealed.

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

 

 

Repeal

 

In effect

 

________

 

CHAPTER 8, SB 29

[Senate Bill No. 29–Senator Cobb]

 

Chap. 8–An Act to provide for holding a special election in the State of Nevada, and at such election to submit to the people of the state the proposed amendment to the constitution thereof repealing section 3, article XIII, and other matters pertaining thereto.

 

[Approved February 11, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  A special election shall be held in the State of Nevada on the 17th day of March 1937, for the purpose of submitting to the people and qualified voters of the state the proposed amendment repealing section 3, article XIII, of the constitution of the state.

      Sec. 2.  The secretary of state shall issue or cause to be issued under the great seal of the State of Nevada, not less than 30 days before the date of said election, a proclamation giving notice of said special election, which proclamation shall be in from substantially as follows:

 

Election Proclamation

      Notice is hereby given that on Wednesday, the 17th day of March 1937, at the voting place of each precinct in the State of Nevada an election will be held, between the hours of 8 o’clock a. m. and 6 o’clock p. m. of said day, for the adoption or rejection by the qualified voters of the state of the following proposed amendment to the constitution thereof, to wit:

      Amendment No. 1–Amending section 3 of article XIII of the constitution as follows:

      Senate Joint Resolution, proposing the repeal of section 3 of article XIII of the constitution of the State of Nevada.

      Resolved by the Senate and the Assembly of the State of Nevada, That section 3 of article XIII of the constitution of the State of Nevada be repealed.

      Said section 3 of article XIII proposed to be repealed by said proposed amendment reads as follows:

      Section 3.  The respective counties of the state shall provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society.

 

 

 

 

 

 

 

 

 

 

 

 

Special election to be held

 

 

Duties of secretary of state

 

 

 

 

Election proclamation


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

ê1937 Statutes of Nevada, Page 20 (CHAPTER 8, SB 29)ê

 

 

 

 

 

 

 

 

 

 

Certified copies of proclamation to county clerks

 

Duties of county clerks

 

 

 

 

 

 

 

 

 

 

Duties of boards of county commissioners

 

 

 

 

 

 

 

 

Secretary of state to furnish ballot paper; general election laws to govern

by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society.

      Dated this …… day of ……………., 1937.

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

                                                                                                                Secretary of State.

 

                                                                                                By..................................................

                                                                                                                                  Deputy.

 

      Sec. 3.  It shall be the duty of the secretary of state, not less than 30 days before the day of said election, to prepare and transmit by mail to the county clerk of each county in this state a duly certified copy of said proclamation and duly certified copies of said amendment to the constitution to be submitted at said election.

      Sec. 4.  Each county clerk in the State of Nevada shall, not less than 20 days before the date of said election, make out and deliver to the sheriff of his county a true copy of the proclamation of election as prepared by the secretary of state. Not less than 15 days before the date of said election, printed or typewritten copies of such proclamation shall be posted in a conspicuous place at the polling place in each precinct in the several counties in this state where the election is to be held, by the sheriffs of said counties, respectively, or by their duly authorized deputies, or other persons designated by him residing in such election precinct, and the said county clerk shall cause said proclamation to be published once a week for two consecutive weeks prior to the day of said election in a newspaper of general circulation in his county, if any be published therein.

      Sec. 5.  It shall be the duty of the several boards of county commissioners in this state on or before 15 days before the date of said election to select and appoint suitable persons who shall be citizens and qualified voters in the state, county, and in the precinct where they are appointed, to act as inspectors and clerks of said election; such inspectors and clerks of election shall be selected, appointed and paid, if payment thereof be claimed, as now provided by law, and they shall perform such duties in holding said election and in making due return thereof as are required by the general election laws of this state so far as the same are not inconsistent with or in conflict with the provisions of this act; provided, however, that only one election board shall be appointed for each voting precinct in the state.

      Sec. 6.  It shall be the duty of the secretary of state at the time of issuing his election proclamation as herein provided to designate the color, size, and form of all ballots and to furnish the paper for said ballots as now required by the general election laws of this state. Said ballots shall be printed at the expense of the respective counties as required by the general election laws of the state now in force and effect; provided, that no sample ballots shall be printed or distributed.


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

ê1937 Statutes of Nevada, Page 21 (CHAPTER 8, SB 29)ê

 

effect; provided, that no sample ballots shall be printed or distributed. Any variance from the form prescribed by the secretary of state in any ballot cast at said election shall not be so construed as to invalidate the same; provided, it can be ascertained with reasonable certainty therefrom whether the voter intended to vote for or against said amendment by such ballot.

      Sec. 7.  As soon as the polls of the election shall be finally closed, the inspectors and clerks shall proceed to canvass the vote given on the amendment at such election, and the canvass shall be public and continue without delay or adjournment until completed. Such canvass shall be substantially in form and manner as is now provided by law for holding general elections in this state, and the same shall be completed by said inspectors and clerks and duly returned to the county clerk as now provided by law within two days after the closing of the polls at said election.

      Sec. 8.  When the returns of said election shall be received by the county clerks, it shall be the duty of the board of county commissioners in each county to specially convene not less than two days after the county clerk has received the said election returns, and shall forthwith proceed to open said returns and make abstracts of the votes upon the amendment submitted at said election, which abstracts shall be on one sheet if practicable, and it shall be the duty of the said boards, or the chairman thereof, to certify to the correctness of such abstracts and to cause the clerks of said boards to transmit forthwith by mail to the secretary of state at Carson City, Nevada, duly certified copies of such abstracts in sufficient time to arrive at that place on or before March 25, 1937.

      Sec. 9.  Immediately after said abstracts and returns shall be received by the secretary of state, the chief justice of the supreme court and the associate justices, or a majority thereof, shall meet at the office of the secretary of state and open and canvass the returns and abstracts of such election and forthwith declare the results and publish the amendment adopted by reference to its number and the section and article of the constitution amended, and all returns received by the secretary of state shall be canvassed on or before the 27th day of April 1937.

      Sec. 10.  If the returns of the election of any county in the state shall not be received at the office of the secretary of state on or before the 25th day of March 1937, the said secretary shall forthwith send a messenger to the clerk of the board of county commissioners of said county, whose duties it shall be to forthwith furnish such messenger with a copy of such abstract and returns, and the said messenger shall, by the speediest traveled route to the seat of government, convey the same to the office of said secretary, and said messenger shall be paid for such service out of the treasury of such county the sum of fifteen cents per mile in going to and returning from said county.

 

 

 

 

 

Vote to be canvassed by election officials

 

 

 

 

 

County commissioners to make and forward abstract of votes to secretary of state

 

 

 

 

 

 

Justices of supreme court to canvass returns

 

 

 

 

 

Procedure if returns of election not received by secretary of state


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

ê1937 Statutes of Nevada, Page 22 (CHAPTER 8, SB 29)ê

 

 

 

Qualified electors entitled to vote

 

 

 

 

 

 

 

 

 

 

 

General election laws applicable

 

 

 

 

 

 

 

 

 

 

 

Informalities, defects, etc., not to invalidate election

messenger shall be paid for such service out of the treasury of such county the sum of fifteen cents per mile in going to and returning from said county.

      Sec. 11.  All qualified electors of this state who were registered as voters at the general election held in 1936 and who shall continue to be qualified voters and entitled to register as such at the election herein provided for shall be entitled to vote at such election without further registration, and the registry lists of voters in the several counties of this state for said year are hereby adopted and shall be used by officers of the election for all purposes of the election herein provided for; and all qualified voters who were not registered as such prior to said general election in the year 1936 or who have become qualified since said election shall be entitled to register as voters at the election herein provided for upon application, as required by law, to the county registrars of their respective counties prior to 10 o’clock p. m. on Tuesday the 2d day of March 1937, when the registry of voters shall be closed. Any further notice than the passage of this act of the time said registry shall be closed shall not be required for the purposes of said election.

      Sec. 12.  The general election laws and the laws pertaining to voting by absent voters’ ballots and in small precincts and the registration of electors of this state, consistent with the provisions of this act, are hereby made applicable to said election, and all officers of election under general laws are hereby required to perform all duties at the election herein provided for which are prescribed by said general laws so far as the same are applicable to said election. And any county commissioner, sheriff, deputy sheriff, county registrar, county clerk, inspector or clerk of election, or other officer who shall willfully or intentionally fail, neglect, or omit to perform the duties prescribed by law for holding said election shall be guilty of a misdemeanor in office, and shall on conviction thereof be fined not less than three hundred ($300) dollars or more than five hundred ($500) dollars or imprisoned in the county jail not less than three nor more than six months, or both, and shall forfeit and be removed from any office of profit or trust held by him at the time of such conviction.

      Sec. 13.  Any informalities, omissions, or defects in the publications, proclamations, notices, or in making the same, as herein provided, or in the other proceedings, by the officers thereof under which said election shall be held shall not be so construed as to render invalid the adoption by a majority of the electors qualified to vote for members of the legislature voting on said proposed amendment to the constitution; provided, it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether said amendment was adopted or rejected by a majority of such electors voting thereon at said election.


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

ê1937 Statutes of Nevada, Page 23 (CHAPTER 8, SB 29)ê

 

of state whether said amendment was adopted or rejected by a majority of such electors voting thereon at said election.

      Sec. 14.  There is hereby appropriated the sum of one thousand ($1,000) dollars from the general fund of the state not otherwise appropriated for the purchase of and transportation of ballot paper, and the state controller is hereby authorized to draw his warrant for such purposes and the state treasurer to pay the same.

      Sec. 15.  This act shall be in force and effect immediately upon its passage and approval.

 

 

Appropriation for ballot paper

 

 

In effect

 

________

 

CHAPTER 9, SB 10

[Senate Bill No. 10–Senator Foy]

 

Chap. 9–An Act to amend section 581 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 13, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 581 of the above-entitled act, being section 9070, N. C. L. 1929, is hereby amended to read as follows:

      Section 581.  Within one year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain, in addition to other requirements, a description of the property described in the complaint. In said summons the said unknown defendants shall be designated as in the complaint. Within thirty days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of said summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All defendants residing in the State of Nevada whose place or places of residence is, or by the exercise of reasonable diligence can be, known to the plaintiff shall be served personally, except as otherwise provided by sections 84 and 85 of this act. After service on all such defendants has been made with the exception last above specified, the plaintiff or his agent or attorney shall make and file an affidavit wherein there shall be stated the names of the defendants who have been served personally, and the names of the defendants who reside out of the state and their places of residence if known to the affiant, and the names of the defendants residing in or out of the state whose places of residence are unknown to the affiant, or who resided within, but have departed from, the state,

 

 

 

 

 

 

 

 

 

 

 

 

 

Summons, what to contain; how served


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

ê1937 Statutes of Nevada, Page 24 (CHAPTER 9, SB 10)ê

 

Summons, what to contain; how served

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unknown persons concluded by judgment

 

 

 

 

 

 

 

 

 

 

Repeal

residing in or out of the state whose places of residence are unknown to the affiant, or who resided within, but have departed from, the state, or cannot, after due diligence, be found within the state, or who conceal themselves to avoid service of summons, and thereupon the court or a judge thereof shall make an order directing the said summons to be served upon the defendants residing out of the state whose places of residence are known to the plaintiff or affiant, and upon the defendants residing in or out of the state whose places of residence are, after the exercise of due diligence, unknown to the plaintiff or affiant, or who reside within, but have departed from the state, or cannot, after due diligence, be found within the state, or who conceal themselves to avoid service of summons, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of general circulation printed and published in the county where the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or a judge thereof, which publication shall be for once a week for a period of four successive weeks. A copy of the summons and complaint, within ten days after the making of said order properly addressed to and with the postage thereon fully prepaid, shall be mailed to each of the defendants who reside out of the state, at their places of residence if known, and also to the defendants residing in or out of the state and whose places of residence or present whereabouts are unknown to plaintiff or affiant, addressed to them at the county seat of the county where the action is commenced, and at their places of residence, if any, last known to the plaintiff. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person, who has or claims to have any right, title, estate, lien or interest in the said property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under him shall be concluded by the judgment in such action as effectually as if the action had been brought against the said person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability. Service shall be deemed complete upon the completion of the publication.

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


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

ê1937 Statutes of Nevada, Page 25 (CHAPTER 9, SB 10)ê

 

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

In effect

 

________

 

CHAPTER 10, AB 89

[Assembly Bill No. 89–Mr. Rochon]

 

Chap. 10–An Act extending the time of motor vehicle registration, licensing, and payment of license fees for and during the year 1937; providing for a limitation of the act, and other matters relating thereto.

 

[Approved February 15, 1937]

 

      Whereas, The state has been recently deluged with severe winter storms, thereby blocking the roads of the state with much snow and ice; and

      Whereas, It is now and has been impossible for many of the citizens of the state to comply with the motor vehicle registration and licensing laws by reason of such storms and the consequent blocking of the roads; and

      Whereas, Penalties are now accruing against such citizens for failure to comply with such laws; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person, officer, board or commission of the State of Nevada, or of any county of said state, acting under and pursuant to and by authority of the provisions of the laws of Nevada pertaining to the registration and licensing of motor vehicles and the collecting of the license fees therefor and thereon, are hereby authorized, directed, and empowered to extend the time in which motor vehicles may be registered, licensed, and the license fees therefor paid, without penalty, for the year 1937, to and including the first day of March 1937, anything to the contrary in said laws notwithstanding. Any penalties received by any officer or department for failure to comply with the law for the year 1937 are hereby directed refunded by such officer or department.

      Sec. 2.  This act shall expire by its own limitation at 12 o’clock midnight the 1st day of March 1937.

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

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

Time for vehicle registration extended

 

 

 

 

 

 

 

 

Expiration of act

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 26ê

CHAPTER 11, AB 25

 

 

 

 

 

 

 

 

 

 

 

 

 

Adverse possession, must be five years continuously; all taxes paid

 

 

In effect

 

Repeal

[Assembly Bill No. 25–Mr. Thruston]

 

Chap. 11–An Act to amend section 18 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 18 of the above-entitled act, being section 8517 N. C. L. 1929, is hereby amended to read as follows:

      Section 18.  In no case shall adverse possession be considered established unless it be shown, in addition to the above requirements, that the land has been occupied and claimed for the period of five years, continuously, and that the party or persons, their predecessors and grantors, have paid all taxes, state, county and municipal, which may have been levied and assessed against said land for the period above mentioned, or have tendered payment thereof.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed to the extent of such conflict.

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

 

________

 

CHAPTER 12, AB 49

 

 

 

 

 

 

 

 

 

 

 

 

 

Judge may vacate or modify order

 

 

 

Repeal

In effect

[Assembly Bill No. 49–Committee on Judiciary]

 

Chap. 12–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  A new section is hereby added to the above-entitled act, to be known as section 424.01, paragraph 8913.01, N. C. L. 1929, to read as follows:

      Section 424.01.  An order made out of court without notice to the adverse party, may be vacated or modified without notice, by the judge who made it, but such proceeding must be limited to the same record upon which said order was made, or such order may be vacated or modified on notice, in the manner in which other motions are made.

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 27ê

CHAPTER 13, AB 50

[Assembly Bill No. 50–Committee on Judiciary]

 

Chap. 13–An Act to amend section 294 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 294 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 section 8792 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 294.  Judgment may be had, if the defendant fail to answer the complaint, as follows:

      1.  In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk, upon the application of the plaintiff, shall enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the complaint, including the costs, against the defendant, or against one or more of several defendants, in the cases provided for in section 89.

      2.  In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such other time as may have been granted, the clerk shall enter the default of the defendant; and thereafter the plaintiff may apply at the first, or any subsequent term of the court, for the relief demanded in the complaint. If the taking of an account, or the proof of any fact, be necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account, or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages the examination of a long account be necessary, by a reference, as above provided.

      3.  In actions where the service of the summons was by publication, the plaintiff, upon the expiration of the time within which, by law, the defendant is required to answer, may, upon proof of the publication, and that no answer has been filed, apply for judgment; and the court shall thereupon require proof to be made of the demand mentioned in the complaint, and if the defendant be not a resident of the state, shall require the plaintiff, or his agent, to be examined on oath respecting any payments that have been made to the plaintiff, or to anyone for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judgment on failure to answer; how to be entered

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When service of summons by publication


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

ê1937 Statutes of Nevada, Page 28 (CHAPTER 13, AB 50)ê

 

 

 

 

 

Repeal

In effect

the plaintiff, or to anyone for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover. The word “answer,” used in this section, shall be construed to include any pleading or proceeding that raises an issue of law or fact, whether the same be by general or special appearance.

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

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

 

________

 

CHAPTER 14, AB 55

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nominations and elections

 

 

 

 

 

 

 

 

 

 

Annual fees

[Assembly Bill No. 55–Committee on Judiciary]

 

Chap. 14–An Act to amend sections 15 and 43 of an act entitled “An act to create a public corporation to be known as ‘State Bar of Nevada,’ to provide for its organization, government, membership and powers, to regulate the practice of law, and to provide penalties for violation of said act,” approved January 31, 1928.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 15 of the above-entitled act, being section 554 N. C. L. 1929, is hereby amended to read as follows:

      Section 15.  Nominations for governors shall be by petition signed by at least five members entitled to vote for such nominees. The election shall be by ballot. The ballots shall be mailed to those entitled to vote at least thirty days prior to the date of canvassing the ballots and shall be returned by mail, and the ballots shall be canvassed at the ensuing annual meeting. In other respects the election shall be as the board of governors may by rule direct. Only active members of the state bar residing in the respective counties, as in section 9 provided, shall be entitled to vote for the governor or governors therefrom; provided, only active members of the state bar, maintaining their principal offices for the practice of law in the respective state bar districts, shall be entitled to vote for the member or members of the board therefrom.

      Sec. 2.  Section 43 of the above-entitled act, being section 582 N. C. L. 1929, is hereby amended to read as follows:

      Section 43.  The annual membership fee after the year 1928 for active members shall be the sum of three dollars ($3), payable on or before February first of each year; provided, however, the board of governors shall have power to increase such fee to a sum not exceeding $7; and provided further, that when any member has been licensed to practice forty years in the State of Nevada, he shall become an honorary member and not be required to pay any further membership fees.


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

ê1937 Statutes of Nevada, Page 29 (CHAPTER 14, AB 55)ê

 

further, that when any member has been licensed to practice forty years in the State of Nevada, he shall become an honorary member and not be required to pay any further membership fees.

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

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

 

 

 

Repeal

In effect

 

________

 

CHAPTER 15, AB 57

[Assembly Bill No. 57–Committee on Judiciary]

 

Chap. 15–An Act to amend section 47 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 47 of the above-entitled act, being section 8546 N. C. L. 1929, is hereby amended to read as follows:

      Section 47.  When a married woman is a party, her husband must be joined with her, except:

      1.  When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone.

      2.  When the action is between herself and her husband, she may sue or be sued alone.

      3.  When her husband resides out of, has departed from, or after due diligence cannot be found within the state, or she is living separate and apart from her husband by reason of his desertion of her, or by agreement, in writing, entered into between them, she may sue or be sued alone.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Actions by or against a married woman

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 16, AB 59

[Assembly Bill No. 59–Committee on Judiciary]

 

Chap. 16–An Act to amend section 253 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 253 of an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, and being paragraph 9853 N.

 


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

ê1937 Statutes of Nevada, Page 30 (CHAPTER 16, AB 59)ê

 

 

 

 

Attorney for minors; compensation

 

 

 

 

Repeal

In effect

approved March 23, 1897, and being paragraph 9853 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 253.  When, upon any proceeding in an estate, an attorney has been appointed for minors or others interested in the estate, such attorney, until another may be appointed, shall represent the party or parties for whom he has been appointed in all subsequent proceedings. Attorneys for absent or nonresident heirs shall receive compensation primarily out of the estate of the distributee so represented by him in such cases and to such extent as might be determined by the court.

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

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

 

________

 

CHAPTER 17, AB 63

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney fee allowed prevailing party in civil action

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 63–Committee on Judiciary]

 

Chap. 17–An Act to amend section 872 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved February 19, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 872 of the above-entitled act, being section 9361 N. C. L. 1929, is hereby amended to read as follows:

      Section 872.  The prevailing party in any civil action at law in the justice courts of this state shall receive, in addition to the costs of court as now allowed by law, a reasonable attorney fee, said fee to be fixed by the justice of the peace, and taxed as costs against the losing party, and in the event of an appeal the district court is hereby authorized to award to the prevailing party all costs of court as now allowed by law incurred by such party, and also a reasonable attorney fee to be fixed and allowed by the district court for all services rendered in behalf of the prevailing party.

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 31ê

CHAPTER 18, SB 23

[Senate Bill No. 23–Senator Foy]

 

Chap. 18–An act authorizing and empowering the board of regents of the University of Nevada to receive grants of money appropriated under that certain act of the Congress of the United States of America, approved June 29, 1935, entitled “An act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges.”

 

[Approved February 23, 1937]

 

      Whereas, There has been enacted by the senate and house of representatives of the United States of America in Congress assembled “An act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges,” approved June 29, 1935 (Public No. 182, 74th Congress); and

      Whereas, The provisions of the act and the purpose of the grants of money authorized by the act are made subject to the legislative assent of the several states and territories; now, therefore,

 

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

Assembly, do enact as follows:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Board of regents of university empowered to receive grants

 

________

 

CHAPTER 19, AB 41

[Assembly Bill No. 41–Mr. O’Meara]

 

Chap. 19–An Act requiring the use of carbide lamps or candles in all underground mines, and providing a penalty for the violation hereof, and other matters relating thereto.

 

[Approved February 23, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person, firm, association or corporation, or any officer, superintendent or managing agent thereof, owning, operating or having in charge any underground mine, to permit or cause any miner or other employee to work in or about any part of said underground mine without first furnishing to, or causing to be furnished to, such miner or other employee carbide for lamp, or a candle for the use of said miner or other employee while in such underground mine in the course of employment.

 

 

 

 

 

 

 

 

 

 

 

Carbide lamps or candles to be used in underground mines


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

ê1937 Statutes of Nevada, Page 32 (CHAPTER 19, AB 41)ê

 

 

 

 

 

Penalty for violation of act

 

 

 

Use of electricity not to bar provisions of act

 

 

Inspector of mines to enforce act

In effect

other employee to work in or about any part of said underground mine without first furnishing to, or causing to be furnished to, such miner or other employee carbide for lamp, or a candle for the use of said miner or other employee while in such underground mine in the course of employment.

      Sec. 2.  Any person, firm, association or corporation, or any officer, superintendent or managing agent thereof violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail not more than six months.

      Sec. 3.  Nothing in this act shall be construed as prohibiting the use of electric lights in any underground mine, but the carbide or the candles provided for herein shall be required in addition to such electric lights as an added safeguard to the miners and others employed in underground mines.

      Sec. 4.  It shall be the duty of the state inspector of mines to enforce the provisions of this act.

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

 

________

 

CHAPTER 20, AB 73

 

 

 

 

 

 

 

 

 

 

 

Las Vegas board of education to transfer school funds

 

Repeal

In effect

[Assembly Bill No. 73–Clark County Delegation]

 

Chap. 20–An Act authorizing and empowering the board of education of Las Vegas union school district, Clark County, Nevada, to transfer moneys from the Las Vegas high school building fund to the regular Las Vegas high school fund.

 

[Approved February 23, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of education of Las Vegas school district, Clark County, Nevada, is hereby authorized and empowered to transfer not to exceed twenty-three thousand dollars ($23,000) from the Las Vegas high school building fund to the regular Las Vegas high school fund.

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 33ê

CHAPTER 21, AB 56

[Assembly Bill No. 56–Committee on Judiciary]

 

Chap. 21–An Act to provide for the survival of causes of action for personal injuries upon the death of the person injured or the person liable for such injuries or of both, specifying the measure of damages in such action.

 

[Approved February 23, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Causes of action, whether suit has been brought upon the same or not, in favor of the injured party for personal injuries other than those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver, or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property. The court or jury in every such action may give such damages, pecuniary and exemplary, as it shall deem fair and just.

      Sec. 2.  Where the wrongdoer is himself killed by the act causing the injury, the cause of action, if any, shall be deemed to have accrued against deceased during his lifetime.

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

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

 

 

 

 

 

 

 

 

 

 

 

Cause of action for injuries not to abate by reason of death

 

 

 

 

 

 

 

 

 

Procedure when wrongdoer is killed

 

Repeal

In effect

 

________

 

CHAPTER 22, AB 67

[Assembly Bill No. 67–Mr. Agee]

 

Chap. 22–An Act providing for the appointment of a commission to appear before the resettlement administration and other departments of the federal administration at Washington, D. C., in the interests of the livestock and farm conditions in the State of Nevada, designating the manner of selecting the membership of such commission, defining their powers and duties, making an appropriation therefor, and other matters properly relating thereto.

 

[Approved February 24, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created a legislative committee to be composed of three members, to be designated as the Nevada legislative committee, to appear before the departments, at Washington, D.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission appointed


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

ê1937 Statutes of Nevada, Page 34 (CHAPTER 22, AB 67)ê

 

 

 

Composition of commission

 

 

 

 

 

 

Commission to confer with federal agencies at Washington

 

 

 

 

 

 

 

 

Expenses to be advanced; duties of controller and treasurer

 

 

 

 

 

 

 

 

Appropriation, $2,500

Nevada legislative committee, to appear before the departments, at Washington, D. C., in behalf of the farm, livestock, and other interests of the State of Nevada.

      Said committee shall be composed of one member of the assembly of the State of Nevada, one member of the senate of the State of Nevada, and the third member to be designated by the governor of the State of Nevada, preferably a member of the farm bureau of the State of Nevada. The object and purpose of the appointment of said committee is to appear before the proper officers, commissions, and bureaus at Washington, D. C., in an effort to have readjusted and revised the regulations of the resettlement administration so as to provide adequate credit for restocking Nevada ranches at a minimum rate of interest on loans therefor.

      Sec. 2.  Said committee, after their appointment as hereinbefore provided, shall at such time as may be deemed expedient, and within ten days from the approval of this act, proceed to Washington, D. C., and there confer with the senators and representative from this state and with such federal agencies at Washington, D. C., as may be deemed proper in promoting and carrying out the purposes of this act for the benefit of the stock, farm, and other interests of the State of Nevada. The committee so appointed shall not receive any salary for services rendered in conformity with this act, but they and each of them shall be allowed their costs of transportation, including pullman and meals enroute, and an allowance for hotel accommodations and other expenses incurred, not to exceed the sum of ten dollars per day during their period of service.

      When the members of said committee shall have determined upon a date for departure in a conformity with the provisions of this act, upon notice thereof to the state controller of the State of Nevada, said controller is hereby authorized and directed to draw his warrant in favor of each of the members going to Washington, D. C., on said mission, the sum of five hundred ($500) dollars as an advance for his expenses, and the state treasurer is directed to pay the said sum to each of said persons, out of the fund hereby provided. The expenditure of such sum shall be supported by proper vouchers and statements upon the final settlement of the respective accounts of the members of said committee as hereinafter provided; and the balance, if any, remaining shall be deposited by each thereof in the state treasury immediately upon his return.

      Sec. 3.  There is hereby appropriated out of any money in the state treasury of the State of Nevada, not otherwise specially appropriated, the sum of twenty-five hundred ($2,500) dollars, or so much thereof as may be necessary to carry out the provisions of this act.


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

ê1937 Statutes of Nevada, Page 35 (CHAPTER 22, AB 67)ê

 

      Sec. 4.  Each member of the committee herein provided for after having performed the necessary service shall submit to the state controller statements and vouchers of expenditures, and the state controller is thereupon authorized and directed to draw his warrant for any balance due thereon upon the state treasurer, and the state treasurer of the State of Nevada is hereby authorized and directed to pay the same.

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

Vouchers of expenditures furnished controller

 

 

In effect

 

________

 

CHAPTER 23, AB 28

[Assembly Bill No. 28–Mr. Thruston]

 

Chap. 23–An Act defining and relating to narcotic drugs, prohibiting the use, sale, distribution, or administration thereof, except under the lawful direction of duly licensed practicing physicians, dentists, veterinarians, manufacturers, apothecaries and others, prohibiting the unlawful possession, use, sale, distribution or administration thereof, and to make uniform the law with reference thereto, prescribing penalties for the violation hereof, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict herewith.

 

[Approved February 24, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definitions.  The following words and phrases, as used in this act, shall have the following meanings, unless the context otherwise requires:

      (1) “Person” includes any corporation, association, copartnership, or one or more individuals.

      (2) “Physician” means a person authorized by law to practice medicine in this state, and any other person authorized by law to treat sick and injured human beings in this state, and to use narcotic drugs in connection with such treatment.

      (3) “Dentist” means a person authorized by law to practice dentistry in this state.

      (4) “Veterinarian” means a person authorized by law to practice veterinary medicine in this state.

      (5) “Manufacturer” means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription.

      (6) “Wholesaler” means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions


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

ê1937 Statutes of Nevada, Page 36 (CHAPTER 23, AB 28)ê

 

Definitions

      (7) “Apothecary” means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state.

      (8) “Hospital” means an institution for the care and treatment of the sick and injured, approved by the state board of health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.

      (9) “Laboratory” means a laboratory approved by the state board of health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction.

      (10) “Sale” includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.

      (11) “Coca leaves” include cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

      (12) “Opium” includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts.

      (13) “Cannabis” includes the following substances under whatever names they may be designated: (a) the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, (b) the resin extracted from such tops, and (c) every compound, manufacture, salt, derivative, mixture, or preparation of such resin, or of such tops from which the resin has not been extracted.

      (13a) Barbiturates includes the following substances under whatever names they may be designated: (a) verinol, (b) barbitol, (c) amytol, and (d) luminol.

      (14) “Narcotic drugs” means coca leaves, opium, cannabis, barbiturates, and every substance neither chemically nor physically distinguishable from them.

      (15) “Federal narcotic laws” means the laws of the United States relating to opium, coca leaves, and other narcotic drugs.

      (16) “Official written order” means an order written on a form provided for that purpose by the United States commissioner of narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the state board of health.


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

ê1937 Statutes of Nevada, Page 37 (CHAPTER 23, AB 28)ê

 

making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the state board of health.

      (17) “Dispense” includes distribute, leave with, give away, dispose of, or deliver.

      (18) “Registry number” means the number assigned to each person registered under the federal narcotic laws.

      Sec. 2.  Acts Prohibited.  It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this act.

      Sec. 3.  Manufacturers and Wholesalers.  No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of health.

      Sec. 4.  Qualification for Licenses.  No license shall be issued under the foregoing section unless and until the applicant therefor has furnished proof satisfactory to the state board of health:

      (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character.

      (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application.

      (c) No license shall be granted to any person who has within five years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, cannabis, or other narcotic drugs, or to any person who is a narcotic drug addict.

      (d) The state board of health may suspend or revoke any license for cause.

      Sec. 5.  Sale on Written Orders.  (1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders:

      (a) To a manufacturer, wholesaler, or apothecary.

      (b) To a physician, dentist, or veterinarian.

      (c) To a person in charge of a hospital, but only for use by or in that hospital.

      (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.

      (2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons:

      (a) On a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States government or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.

Definitions

 

 

 

 

 

Acts prohibited

 

 

Manufacturers and wholesalers

 

 

Qualification for licenses

 

 

 

 

 

 

 

 

 

 

Sale on written orders


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

ê1937 Statutes of Nevada, Page 38 (CHAPTER 23, AB 28)ê

 

Sale on written orders

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale by apothecaries

or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.

      (b) To master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft, when not in port; provided, such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States public health service.

      (c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with.

      (3) An official written order for any narcotic drug shall be signed in duplicate by the person giving said order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws respecting the requirements governing the use of order forms.

      (4) Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.

      (5) A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this act.

      Sec. 6.  Sale by Apothecaries.  (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal it shall state the species of animal for which the drug is prescribed.


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

ê1937 Statutes of Nevada, Page 39 (CHAPTER 23, AB 28)ê

 

The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. The prescription shall not be refilled.

      (b) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.

      (c) An apothecary, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent of the complete solution, to be used for medical purposes.

      Sec. 7.  Professional Use of Narcotic Drugs.  A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.

      (2) A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.

      (3) Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian shall return to such physician, dentist, or veterinarian any unused portion of such drug when it is no longer required by the patient.

      Sec. 8.  Preparations Exempted.  Except as otherwise in this act specifically provided, this act shall not apply to the following cases:

      (1) Prescribing, administering, dispensing, or selling retail of any medicinal prescription that contains in one fluid ounce, or if a solid or semisolid preparation, in one avoirdupois ounce, (a) not more than two grains of opium, (b) not more than one-quarter of a grain of morphine or of any of its salts, (c) not more than one grain of codeine or of any of its salts, (d) not more than one-eighth of a grain of heroin or of any of its salts, (e) not more than one-half of a grain of extract of cannabis nor more than one-half of a grain of any more potent derivative or preparation of cannabis, (f) and not more than one of the drugs named above in clauses (a), (b), (c), (d), and (e).

      (2) Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this act shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.

Sale by apothecaries

 

 

 

 

 

 

 

 

 

 

 

 

Professional use of narcotic drugs

 

 

 

 

 

 

 

 

 

 

Preparations exempted


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

ê1937 Statutes of Nevada, Page 40 (CHAPTER 23, AB 28)ê

 

Preparations exempted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Record to be kept

retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this act shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.

      (3) The exemptions authorized by this section shall be subject to the following conditions:

      (a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section to any one person, or for the use of any one person or animal, any preparation or preparations included within this section when he knows, or can by reasonable diligence ascertain, that such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any 48 consecutive hours, with more than four grains of opium, or more than one-half grain of morphine or of any of its salts, or more than two grains of codeine or of any of its salts, or more than one-quarter of a grain of heroin or of any of its salts, or more than one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of this act.

      (b) The medical preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone.

      (c) Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of this act.

      (4) Nothing in this section shall be construed to limit the kind and quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal when it is prescribed, administered, dispensed, or sold in compliance with the general provisions of this act.

      Sec. 9.  Record to be Kept.  (1) Every physician, dentist, or veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.


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

ê1937 Statutes of Nevada, Page 41 (CHAPTER 23, AB 28)ê

 

such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.

      Provided, That no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient when the amount administered, dispensed, or professionally used for that purpose does not exceed in any 48 consecutive hours, (a) four grains of opium, or (b) one-half of a grain of morphine or of any of its salts, or (c) two grains of codeine or of any of its salts, or (d) one-fourth of a grain of heroin or of any of its salts, or (e) one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or (f) a quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency anyone of the drugs named above in the quantity stated.

      (2) Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.

      (3) Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.

      (4) Every person who purchases for resale, or who sells narcotic drug preparations exempted by section 8 of this act, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection 5 of this section.

      (5) The form of records shall be prescribed by the state board of health. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered or dispensed, and the kind and quantity of drugs.

Record to be kept

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of health to prescribe form of records


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

ê1937 Statutes of Nevada, Page 42 (CHAPTER 23, AB 28)ê

 

State board of health to prescribe form of records

 

 

 

 

 

 

Labels

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authorized possession of narcotic drugs by individuals

 

 

 

 

Persons and corporations exempted

disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.

      Sec. 10.  Labels.  (1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person except an apothecary, for the purpose of filling a prescription under this act, shall alter, deface, or remove any label so affixed.

      (2) Whenever an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he shall affix to the container in which such drug is sold or dispensed a label showing his own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he is lawfully acting; the name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name, address, and registry number of the physician, dentist, or veterinarian by whom the prescription was written; and such direction as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed.

      Sec. 11.  Authorized Possession of Narcotic Drugs by Individuals.  A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed by a physician, dentist, apothecary, or other person authorized under the provisions of section 5 of this act, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

      Sec. 12.  Persons and Corporations Exempted.  The provisions of this act restricting the possessing and having control of narcotic drugs shall not apply to common carriers or to warehouseman, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.


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

ê1937 Statutes of Nevada, Page 43 (CHAPTER 23, AB 28)ê

 

within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.

      Sec. 13.  Common Nuisances.  Any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall keep or maintain such common nuisance.

      Sec. 14.  Search, Seizure, and Forfeiture.  Warrant to search any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, where there is reasonable ground to believe that narcotic drugs are manufactured, possessed, had under control, sold, prescribed, administered, dispensed, or compounded, in violation of this act, may issue in the same manner and under the same restrictions as provided by law for other personal property, or implements used, or evidences of crime.

      All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:

      (a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept, and a return, under oath, reporting said destruction shall be made to the court or magistrate and to the United States commissioner of narcotics by the officer who destroys them.

      (b) Upon written application by the state board of health the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said state board of health for distribution or destruction, as hereinafter provided.

      (c) Upon application by any hospital within this state, not operated for private gain, the state board of health may in its discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The state board of health may from time to time deliver excess stocks of such narcotic drugs to the United States commissioner of narcotics, or shall destroy the same.

 

 

 

 

 

Common nuisances

 

 

 

 

Search, seizure, and forfeiture


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

ê1937 Statutes of Nevada, Page 44 (CHAPTER 23, AB 28)ê

 

Search, seizure, and forfeiture

 

 

 

 

Notice of conviction to be sent to licensing board

 

 

 

 

 

 

 

 

Records confidential

 

 

 

 

 

 

 

Fraud or deceit

      (d) The state board of health shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws.

      Sec. 15.  Notice of Conviction To Be Sent to Licensing Board.  On the conviction of any person of the violation of any provisions of this act, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion be filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his profession or to carry on his business. On the conviction of any such person the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration.

      Sec. 16.  Records Confidential.  Prescriptions, orders and records required by this act, and stocks of narcotic drugs shall be open for inspection only to federal, state, county, and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensed board or officer, to which prosecution or proceeding the person to whom such prescription, orders or records relate is a party.

      Sec. 17.  Fraud or Deceit.  (1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug, (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any written order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address.

      (2) Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.

      (3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this act.


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

ê1937 Statutes of Nevada, Page 45 (CHAPTER 23, AB 28)ê

 

      (4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.

      (5) No person shall make or utter any false or forged prescription or any written order.

      (6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.

      (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 8 of this act, in the same way as they apply to transactions under all other sections.

      Sec. 18.  Exceptions and Exemptions Not Required To Be Negatived.  In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this act, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.

      Sec. 19.  Enforcement and Cooperation.  It is hereby made the duty of the state board of health, its officers, agents, inspectors and representatives, and of all peace officers within the state and of all county attorneys to enforce all provisions of this act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs.

      Sec. 20.  Penalties.  Any person violating any provision of this act shall be deemed guilty of a felony, and upon conviction thereof shall be punished, for the first offense, by imprisonment in the state prison of the State of Nevada for not less than two years nor more than ten years; and for any subsequent offense, a prior conviction having been had at any time in any court in this or any other state or federal court, for a violation of either the provisions of this act or of any statute or ordinance dealing with or regulating the use, supply or possession of any or all narcotic drugs, shall, upon conviction, be punished by imprisonment in the state prison of the State of Nevada for not less than ten years.

      Sec. 21.  Effect of Acquittal or Conviction Under Federal Narcotic Laws.  No person shall be prosecuted for a violation of any provision of this act if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of this act.

      Sec. 22.  Constitutionality.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Fraud or deceit

 

 

 

 

 

 

 

 

 

Exceptions and exemptions not required to be negatived

 

 

Enforcement and cooperation

 

 

 

 

Penalties

 

 

 

 

 

 

 

 

Effect of acquittal or conviction under federal narcotic laws

 

Constitutionality


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

ê1937 Statutes of Nevada, Page 46 (CHAPTER 23, AB 28)ê

 

 

 

 

Uniformity of interpretation

 

Short title

 

Repeal

 

In effect

is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 23.  Uniformity of Interpretation.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 24.  Short Title.  This act may be cited as the “Uniform Narcotic Drug Act.”

      Sec. 25.  Repeal.  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

      Sec. 26.  Time of Taking Effect.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

CHAPTER 24, AB 92

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elko county to levy tax for fair

 

 

 

 

 

 

Reversion of fund if fair not held

[Assembly Bill No. 92–Mr. Agee]

 

Chap. 24–An Act to amend an act entitled “An act to authorize the board of county commissioners of the county of Elko to levy a special tax annually for the support of the Elko County fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith,” approved March 15, 1923, as amended March 4, 1925, and further amended February 20, 1933, chapter 17 Statutes of Nevada 1933.

 

[Approved February 24, 1937]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  On or before May 1, 1937, and annually thereafter, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of Elko is hereby authorized, empowered, and directed, for the purpose hereinafter set forth, to levy a special tax upon all of the property of Elko County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of ten thousand ($10,000) dollars.

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

      Section 5.  In the event that said Elko County fair is not held for a period of any two consecutive years after the first day of January 1937, all money remaining in said Elko County fair fund shall, upon the first day of November of the second year of such two consecutive years, revert to and become a part of the Elko County general fund, and in such event the board of directors of Elko County agricultural district No.


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

ê1937 Statutes of Nevada, Page 47 (CHAPTER 24, AB 92)ê

 

become a part of the Elko County general fund, and in such event the board of directors of Elko County agricultural district No. 4 is hereby authorized and directed to forthwith transfer all money remaining in said Elko County fair fund to the Elko County general fund.

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

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

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 25, AB 34

[Assembly Bill No. 34–Mr. Simpson]

 

Chap. 25–An Act fixing the compensation of certain county officers of Mineral County in the State of Nevada; regulating the appointments, number and compensation of their deputies and attaches, and authorizing and directing the county commissioners of Mineral County to allow and pay compensation of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio treasurer and county recorder and ex officio auditor, respectively, as other claims against the county, and repealing all acts and parts of acts in conflict herewith.

 

[Approved February 24, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers of Mineral County shall receive in full payment for all services rendered by them the following compensation.

      The sheriff and the ex officio assessor shall receive three thousand six hundred ($3,600) dollars per annum; he shall be allowed to appoint one deputy who shall receive a salary of two thousand one hundred ($2,100) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only.

      The county recorder and ex officio auditor shall receive two thousand four hundred ($2,400) dollars per annum, and whenever fees of his office shall exceed two hundred dollars per month he may appoint a deputy at a salary not to exceed one hundred and fifty ($150) dollars per month; provided, that whenever the fees of his office are less than two hundred ($200) dollars per month the salary of the deputy shall cease.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Mineral County

Sheriff and ex officio assessor

 

 

 

 

 

Recorder and auditor


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

ê1937 Statutes of Nevada, Page 48 (CHAPTER 25, AB 34)ê

 

County clerk and ex officio treasurer

 

 

 

District attorney

 

 

 

County commissioners

 

 

 

 

 

 

Repeal

 

In effect

      The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of three thousand ($3,000) dollars per annum, and may, during such periods as the district court and the board of county commissioners are both in session, appoint a deputy at a salary not to exceed five ($5) per day for such period.

      The district attorney shall receive two thousand four hundred ($2,400) dollars per annum, which shall be his compensation in full, except he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve.

      The county commissioners of Mineral County shall receive the sum of nine hundred ($900) dollars per annum, and such mileage as is now allowed by law; and the board of county commissioners is hereby authorized and directed to allow such compensation as may be necessary for the payment of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio treasurer and county recorder and ex officio auditor, respectively, as herein provided, and such compensation shall be allowed and paid as other claims against the county.

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

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

 

________

 

CHAPTER 26, AB 53

 

 

 

 

 

 

 

 

 

 

 

 

 

Descendants of devisee inherit share of devisee

 

 

 

Repeal

[Assembly Bill No. 53–Committee on Judiciary]

 

Chap. 26–An Act to amend section 18 of an act entitled “An act concerning wills,” approved December 19, 1862.

 

[Approved February 24, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 18 of an act entitled “An act relating to wills,” approved December 19, 1862, being section 9922 N. C. L. 1929, is hereby amended to read as follows:

      Section 18.  When any estate shall be devised or bequeathed to any child or other relation of the testator, and the devisee or legatee shall die before the testator, leaving lineal descendants, such descendants in the absence of a provision in the will to the contrary, shall take the estate so given by the will in the same manner as the devisee or legatee would have done if he would have survived the testator.

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 49ê

CHAPTER 27, AB 186

[Assembly Bill No. 186–Mr. Boak]

 

Chap. 27–An Act authorizing the motor vehicle department of the office of secretary of state to certify refunds to purchasers of motor vehicle licenses for the year 1935 for trucks and trailers, or either, of an unladen weight of three thousand (3,000) pounds or less on the basis of forty-five (45ȼ) cents per hundred (100) pounds, and authorizing the state controller to draw his warrants for the said refunds and the state treasurer to pay the same; and making an appropriation therefor from the state highway fund; and other matters properly relating thereto.

 

[Approved March 1, 1937]

 

      Whereas, Chapter 173 of the 1935 Statutes of Nevada, page 375, was duly enacted into law and approved March 30, 1935, amending an act entitled “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,’ and approved March 27, 1931, as amended and approved March 25, 1933”; and

      Whereas, Said chapter 173 of the 1935 Statutes of Nevada provided in part that on and after January 1, 1935, there should be paid to the motor vehicle department for the registration of every truck or trailer having an unladen weight of three thousand (3,000) pounds or less a flat registration fee of five ($5) dollars only, and that the state treasurer upon the recommendation of the motor vehicle department should refund any excess over and above the five ($5) dollar flat fee to any person, firm, association, partnership, corporation, lessee, trustee, receiver or company having purchased a license for a truck or a trailer for the year 1935 having an unladen weight of three thousand (3,000) pounds or less on the basis of forty-five (45ȼ) cents per hundred (100) pounds, said refund or refunds to be taken from the state highway fund; and

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1937 Statutes of Nevada, Page 50 (CHAPTER 27, AB 186)ê

 

Preamble

 

 

 

 

 

 

 

 

Motor vehicle department to certify refunds; to be paid from state highway fund

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

said refund or refunds to be taken from the state highway fund; and

      Whereas, Said chapter 173 of the 1935 Statutes of Nevada failed to authorize the state controller to draw his warrant for said refund or refunds and the state treasurer could not pay said refund or refunds unless the state controller drew his warrant for the same; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The motor vehicle department of the office of secretary of state shall recommend and certify as a refund any excess over and above the five ($5) dollar flat fee fixed by chapter 173 of the 1935 Statutes of Nevada to any person, firm, association, partnership, corporation, lessee, trustee, receiver, or company having purchased a license for a truck or trailer for the year 1935 having an unladen weight of three thousand (3,000) pounds or less on the basis of forty-five (45ȼ) cents per hundred (100) pounds, and the state controller is hereby authorized to draw his warrant or warrants for the sum of said refund or refunds as certified by the motor vehicle department, and the state treasurer is hereby authorized to pay the said warrant or warrants of the said state controller. The said refund or refunds shall be taken and paid from the state highway fund; and, therefor, there is hereby appropriated from the state highway fund a sufficient sum to pay in full all of such refunds as are certified to by the motor vehicle department.

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

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

 

________

 

CHAPTER 28, SB 53

 

[Senate Bill No. 53–Senator Foy]

 

Chap. 28–An Act to amend section 5 of an act entitled “An act to provide for holding a special election in the State of Nevada, and at such election to submit to the people of the state the proposed amendment to the constitution thereof, repealing section 3, article XIII, and other matters pertaining thereto,” approved February 11, 1937.

 

[Approved March 1, 1937]

 

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

Assembly, do enact as follows:

 

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


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

ê1937 Statutes of Nevada, Page 51 (CHAPTER 28, SB 53)ê

 

      Section 5.  It shall be the duty of the several boards of county commissioners in this state on or before 15 days before the date of said election to select and appoint suitable persons who shall be citizens and qualified voters in the state, county, and in the precinct where they are appointed, to act as inspectors and clerks of said election; such inspectors and clerks of election shall be selected, appointed and paid, if payment thereof be claimed, as now provided by law, and they shall perform such duties in holding said election and in making due return thereof as are required by the general election laws of this state so far as the same are not inconsistent with or in conflict with the provisions of this act; provided, however, that only one election board shall be appointed for each voting precinct in the state; provided further, that for the purposes of the election provided for in this act the several boards of county commissioners in the counties of this state in providing for and proclaiming said election precincts shall divide their respective counties into any number of such voting precincts as they may deem necessary, without regard to the number of qualified voters in any one precinct.

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

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

County commissioners to appoint election officials; may designate number of voting precincts

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 29, SB 6

[Senate Bill No. 6–Senator Bell]

 

Chap. 29–An Act to repeal section 3 1/2 of an act entitled “An act providing for the supervision, management, government, control and maintenance of county hospitals, county isolation hospitals, county homes for the indigent sick, county workhouses for indigents, and county poor farms in each county where a tax has been or is hereafter authorized by the voters to establish and maintain a public hospital,” approved March 11, 1931.

 

[Approved March 2, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 1/2 of the above-entitled act, being chapter 67 of the Statutes of 1931, page 96, and being section 2243.03 of N. C. L. 1929, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section repealed

 

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 52ê

CHAPTER 30, AB 88

 

 

 

 

 

 

 

 

 

 

 

 

 

Intoxicated driver guilty of misdemeanor; to forfeit license, when

 

 

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 88–Mr. Whalen]

 

Chap. 30–An Act to amend an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925.

 

[Approved March 2, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 4351 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  It shall be unlawful for any person or persons, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not less than thirty days nor more than ninety days, and no judge or justice of the peace, in imposing such sentence, shall suspend the same, or any part thereof; upon a second conviction for an offense under the provisions of this section, the person so convicted shall, in addition to the imposition of a sentence for imprisonment, be deprived of his license to operate a car in this state for a period not to exceed one year.

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

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

 

________

 

CHAPTER 31, AB 82

 

[Assembly Bill No. 82–Mr. Bunce]

 

Chap. 31–An Act to amend an act entitled “An act regulating the payment of wages or compensation in private employments, providing for regular pay days therein, making it the duty of the labor commissioner and district attorneys in this state to enforce its provisions, and providing penalties for violations of this act, and other matters relating thereto,” approved March 19, 1919.

 

[Approved March 2, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 2775 N. C. L. 1929, is hereby amended to read as follows:


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

ê1937 Statutes of Nevada, Page 53 (CHAPTER 31, AB 82)ê

 

      Section 1.  All wages or compensation of employees in private employments shall be due and payable semimonthly, that is to say, all such wages or compensation earned and unpaid prior to the first day of any month, shall be due and payable not later than 8 o’clock a. m. the fifteenth day of the month following that in which such wages or compensation were earned; and all wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than 8 o’clock a. m. the last day of the same month; but nothing contained herein shall be construed as prohibiting the contracting for the payment or of the payment of wages at more frequent periods than semimonthly. Every agreement made in violation of this section, except as hereinafter provided, shall be null and void; except any employee shall be entitled to payment of such wages or compensation for the period during which the same were earned.

      The words “private employments,” used in this act, shall mean all employments other than those under the direction, management, supervision, and control of this state or any county, city, or town therein, or any office or department thereof.

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

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

Semi-monthly pay days established

 

 

 

 

 

 

 

 

 

 

“Private employment” defined

 

Repeal

 

In effect

 

________

 

CHAPTER 32, AB 47

[Assembly Bill No. 47–Committee on Judiciary]

 

Chap. 32–An Act to provide for and to regulate proceedings on motions for new trials and on appeals in civil actions or proceedings, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 2, 1937]

 

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

Assembly, do enact as follows:

 

NEW TRIALS AND APPEALS

 

Re New Trials

 

      Section 1.  A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.

      Sec. 2.  The former verdict or other decision may be vacated, and a new trial granted on the motion of the party aggrieved, for any of the following causes or grounds materially affecting the substantial rights of such party:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New trial defined

 

New trial, for what causes granted


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

ê1937 Statutes of Nevada, Page 54 (CHAPTER 32, AB 47)ê

 

New trial, for what causes granted

 

 

 

 

 

 

 

 

 

 

 

 

Notice of intention to move for new trial to state grounds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Verdict may be set aside, when

      1.  Irregularity in the proceedings of the court, jury, referee, or adverse party, or any order of the court, or referee, or abuse of discretion by which either party was prevented from having a fair trial.

      2.  Misconduct of the jury or prevailing party.

      3.  Accident or surprise which ordinary prudence could not have guarded against.

      4.  Newly discovered evidence material for the party making the motion which he could not, with reasonable diligence, have discovered and produced at the trial.

      5.  Manifest disregard by the jury of the instructions of the court.

      6.  Excessive damages appearing to have been given under the influence of passion or prejudice.

      7.  Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.

      8.  Error in law occurring at the trial and excepted to by the party making the motion.

      Sec. 3.  In the notice of intention to move for a new trial, it shall be sufficient for the party applying for the same to state, in the language of the statute only, or in language of similar import, one or more grounds as specified in the preceding section; provided, that when the motion is made upon subdivisions 1, 2, 3, or 4 of the preceding section, it must be supported by affidavit. In all other actions or proceedings it must be made upon the minutes of the court without any bill of exceptions. The motion for a new trial shall be heard at the earliest practicable period after notice of intention to move for a new trial has been served, if the motion is to be heard upon the minutes of the court, and in other actions or proceedings after the affidavits are filed. It may be brought to a hearing by either party upon five days’ written notice to the opposite party. On such hearing, reference may be had in all actions or proceedings to the pleadings and the orders of the court, and, when the motion is made on the minutes, reference may also be had to the depositions, documentary evidence, and the stenographic notes or report of the testimony and the records of the court. All causes or grounds for a new trial, which are not stated in the notice of intention to move for a new trial, must be deemed to have been waived. The court or judge granting or refusing a new trial may state, in writing, generally, the grounds upon which the same is granted or refused. The verdict of the jury may also be vacated and a new trial granted by the court in which the action or proceeding is pending, on its own motion, without the application of either of the parties when there has been such a plain disregard by the jury of the instructions of the court, or the evidence in the case, as to satisfy the court that the verdict was rendered under a misapprehension of such instructions, or under the influence of passion or prejudice, but not more than two new trials shall be granted by the court, upon its own motion, or otherwise upon the ground that the verdict is contrary to the weight of the evidence.


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

ê1937 Statutes of Nevada, Page 55 (CHAPTER 32, AB 47)ê

 

the verdict was rendered under a misapprehension of such instructions, or under the influence of passion or prejudice, but not more than two new trials shall be granted by the court, upon its own motion, or otherwise upon the ground that the verdict is contrary to the weight of the evidence.

      Sec. 4.  The party intending to move for a new trial must–within five days after the verdict of the jury, if the action was tried by jury, or within ten days after service, by the prevailing party in the action or proceeding upon the unsuccessful party thereto, of a written notice of the decision of the court, or referee, if the action was tried without a jury-serve upon the adverse party and file with the clerk of the court a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made, and whether the same will be made upon affidavits or upon the minutes of the court; provided, it shall not be necessary to serve said notice of intention to move for a new trial upon any party to the action or proceeding who has not appeared therein or against whom default has been entered by the clerk or by the court. Said notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice.

      Sec. 5.  If the motion for a new trial is to be made upon affidavits, the moving party must, within five days after serving the notice of intention to move for a new trial, serve such affidavits, by delivering copy thereof, upon the adverse party, and file the original affidavits with the clerk of the court. The adverse party shall have five days after such service of the affidavits to file counter affidavits, which must be served upon the moving party by delivering a copy thereof.

 

Re Appeals

 

      Sec. 6.  Any judgment or order in a civil action or proceeding, except when expressly made final by this act, may be reviewed as prescribed by this act, and not otherwise.

      Sec. 7.  Any party aggrieved may appeal in any action, case or proceeding prescribed in this act. The party appealing shall be designated as the appellant, and the adverse party as the respondent.

      Sec. 8.  Any party aggrieved may appeal from the final judgment rendered in any action, case or proceeding prescribed in this act with or without first moving for a new trial.

      Sec. 9.  Where a motion for a new trial is made, it must be based upon the causes or grounds, or either of them, designated in section 2 of this act, as causes or grounds for a new trial, and the notice of intention to move for a new trial, stating therein such causes or grounds intended to be relied upon, must be served by the unsuccessful party in the action or proceeding upon the prevailing party and filed as in this act prescribed.

 

 

 

 

Adverse party must be served

 

 

 

 

 

 

 

 

 

 

When motion made upon affidavits

 

 

 

 

 

 

 

Judgment or order may be reviewed

 

Aggrieved party may appeal

 

Motion for new trial not necessary for appeal

 

Motion for new trial must state grounds


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

ê1937 Statutes of Nevada, Page 56 (CHAPTER 32, AB 47)ê

 

 

 

When appeal may be taken

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How appeal may be taken

action or proceeding upon the prevailing party and filed as in this act prescribed.

      Sec. 10.  An appeal may be taken:

      1.  From a final judgment in an action or proceeding commenced in the court in which the judgment is rendered, within six months after the rendition of the judgment.

      2.  From an order granting or refusing a new trial, or granting or refusing to grant or dissolving or refusing to dissolve an injunction, or appointing or refusing to appoint a receiver, or vacating or refusing to vacate an order appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, and from any special order made after final judgment, within sixty days after service, by the prevailing party in the action or proceeding upon the unsuccessful party thereto, of a written notice that the order has been made and entered in the minutes of the court.

      3.  From an interlocutory judgment, order or decree hereafter made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made, within sixty days after service, by the prevailing party in the action or proceeding upon the unsuccessful party thereto, of a written notice of the rendition of the judgment or order.

      4.  If an order granting or refusing to grant a motion to change the place of trial of an action or proceeding is not directly appealed from within the said sixty days, there shall be no appeal therefrom on appeal from the judgment in the action or proceeding or otherwise, and on demand or motion of either party to an action or proceeding the court or judge making the order changing or refusing to change the place of trial of an action or proceeding shall make an order staying the trial of the action or proceeding until the time to appeal from such order, changing or refusing to change the place of trial, shall have lapsed; or if an appeal from such order is taken, until such appeal shall, in the appellate court, or in some other manner, be legally determined.

      Sec. 11.  An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a written notice stating the appeal from the same or some specific part thereof, and within three days thereafter serving a similar written notice or copy thereof on the adverse party or his attorney; provided, it shall not be necessary to serve said notice of appeal upon any party to the action or proceeding who has not appeared therein or against whom default has been entered by the clerk or by the court.


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

ê1937 Statutes of Nevada, Page 57 (CHAPTER 32, AB 47)ê

 

the court. When the appeal is from the judgement and from an order denying a motion for a new trial, one notice of appeal so specifying shall be sufficient. The order of filing or of service is immaterial, but the appeal is ineffectual for any purpose unless within five days after service of the notice of appeal an undertaking be filed, or a deposit of money be made with the clerk, as hereinafter provided, or the undertaking be waived by the adverse party in writing, and filed with the clerk.

      Sec. 12.  Upon an appeal from a judgment, the court may review the verdict or decision, and any intermediate ruling, proceeding, order or decision which involves an issue of law or the merits or which necessarily affects the judgment, or which substantially affects the rights of a party, which comes within the specifications of error and record on appeal or is embraced in the bill of exceptions. The provisions of this section do not authorize the court to review any decision or order from which an appeal might have been taken.

      Sec. 13.  Where the action or proceeding has been determined upon an agreed statement of facts, and the appeal is upon the ground that the judgment is contrary thereto, the appeal may be taken upon a copy of the statement of facts and the judgment roll, certified by the clerk of the court or by the parties or their attorneys, without other statement or bill of exceptions.

      Sec. 14.  When a party desires to appeal on the ground that the decision, judgment, or order is contrary to the findings, the appeal may be taken upon a copy of the judgment roll which includes the findings, certified by the clerk of the court or by the parties or their attorneys, if the appeal is from a judgment; or upon a copy of the findings attached to a copy of the order, all certified by the clerk of the court or by the parties or their attorneys, if the appeal is from an order.

      Sec. 15.  In cases tried by the court, without a jury, no judgment shall be reversed for want of a finding, or for a defective finding of the facts, unless exceptions be made in the court below to the finding or to the want of a finding after application to the court for additions to or modification of the findings with notice given to the adverse party as prescribed in section 286 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended by an act entitled “An act to amend section 286 of an act entitled ‘An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,’ ” approved March 17, 1911, as amended, being section 8784 Nevada Compiled Laws 1929, volume 4, approved February 20, 1931. Upon failure of the court on such application to remedy the alleged error, the party moving shall be entitled to his exceptions.

 

 

 

 

 

 

Court may review verdict or decision

 

 

 

 

 

Appeal may be taken on statement of facts and judgment roll

 

 

Appeal from decision, judgment or order

 

 

 

 

Exceptions to finding or want of a finding must be filed


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

ê1937 Statutes of Nevada, Page 58 (CHAPTER 32, AB 47)ê

 

 

 

Procedure to render appeal effectual

 

 

 

 

 

 

 

 

 

 

 

 

Appeal not to stay execution of judgment or order, when

application to remedy the alleged error, the party moving shall be entitled to his exceptions.

      Sec. 16.  To render an appeal effectual for any purpose, in any action or proceeding, a written undertaking must be executed on the part of the appellant by at least two qualified and sufficient sureties, or by a bonding or surety company qualified to do business in the State of Nevada, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars; or that sum shall be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal. Such undertaking must be filed, or such deposit made with the clerk of the court, within five days after the notice of appeal has been served upon the adverse party or his attorney, as herein prescribed; provided, however, that nothing in this section shall apply when the State of Nevada or any county, city or town of the State of Nevada or officer thereof in his official capacity, is the appellant; nor shall such undertaking, as provided for in this section, be necessary to perfect such appeal when the action or proceeding is brought for and in the name of this state, or for and in the name of any county in the state.

      Sec. 17.  If the appeal be from a judgment or order directing the payment of money, or from an order dissolving or refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more qualified and sufficient sureties, stating their place of residence and occupation, or by a bonding or surety company qualified to do business in the State of Nevada, to the effect that they or it, as the case may be, are bound in double the amount named in the judgment or order, or double the sum of the value of the property attached, as the case may be; that if the judgment or order appealed from, or any part thereof, be affirmed, or such appeal be dismissed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages, including interest and costs, which shall be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court, in the court in which the appeal is taken, judgment may be entered, on motion of the respondent, in his favor against the sureties or surety for such amount, together with the interest that may be due thereon and the damages and costs which may be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in said judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from, or any part thereof, be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by him by reason of said appeal and the stay of execution thereon.


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

ê1937 Statutes of Nevada, Page 59 (CHAPTER 32, AB 47)ê

 

or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in said judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from, or any part thereof, be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by him by reason of said appeal and the stay of execution thereon.

      Sec. 18.  An appeal may be taken from an order granting or denying a motion for a new trial and from the judgment at the same time by giving only one undertaking, in the sum of three hundred dollars, for the costs on appeal; and in the notice of such double appeal it may be stated that the appeal is from both the judgment and the order granting or denying the motion for a new trial, and upon the taking of such double appeal the one undertaking to stay execution in the ordinary form, and in the amount required to stay execution on appeal from the judgment, is sufficient to stay the execution.

      Sec. 19.  If the judgment or order appealed from direct the assignment or delivery of documents, or personal property, the execution of the judgment or order shall not be stayed by or upon appeal, unless the things required to be assigned or delivered be assigned and placed in the custody of such officer or receiver as the court may appoint, and an undertaking be entered into on the part of the appellant, with at least two qualified and sufficient sureties, or a bonding or surety company qualified to do business in the State of Nevada, to be approved by the court or judge and in such amount as the court or judge thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by him by reason of such appeal and the stay of execution thereof. In lieu of the assignment and delivery, and of the undertaking hereinbefore provided for, the appellant may enter into an undertaking, with at least two qualified and sufficient sureties, or a bonding or surety company qualified to do business in the State of Nevada, to be approved by the court or judge, and in such amount as the court or judge thereof may direct, to the effect that if the judgment or order, or any part thereof, be affirmed, the appellant will obey the order of the appellate court upon the appeal and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon.

 

 

 

 

 

 

 

Only one undertaking required on appeal

 

 

 

 

 

 

When appeal from order directing assignment or delivery of documents


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

ê1937 Statutes of Nevada, Page 60 (CHAPTER 32, AB 47)ê

 

Appeal from order directing execution of conveyance

 

 

 

 

 

 

 

 

Appeal from order directing sale or delivery of possession of real property

 

 

 

 

 

 

 

 

 

 

 

 

Perfected appeal to stay proceedings

      Sec. 20.  If the judgment or order appealed from direct the execution of a conveyance or other instrument, the execution of the judgment or order shall not be stayed by the appeal until the instrument is executed and deposited with the clerk of the court with whom the judgment or order is entered, to abide the judgment of the appellate court, and an undertaking be executed on the part of the appellant, by at least two qualified and sufficient sureties, or a bonding or surety company authorized and qualified to do business in the State of Nevada, to be approved by the court or judge, and in such amount as the court or judge thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by him by reason of such appeal and the stay of the execution thereof.

      Sec. 21.  If the judgment or order appealed from direct the sale or delivery of possession of real property, the execution of the same shall not be stayed unless a written undertaking be executed on the part of the appellant, with two or more qualified and sufficient sureties, or a bonding or surety company qualified to do business in the State of Nevada, to the effect that during the possession of such property by the appellant he will not commit, nor suffer to be committed, any waste thereon, and that if the judgment be affirmed he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking. When the judgment is for the sale or mortgaged premises, and the payment for a deficiency arising upon the sale, the undertaking shall also provide for the payment of such deficiency. In all other cases, not provided for in sections 16, 17, 19, 20, or 21 hereof, the amount and conditions of the undertaking to stay the execution of the judgment or order shall be fixed by the court or the judge thereof, in which the judgment was rendered or the order made.

      Sec. 22.  Whenever an appeal is perfected, and an undertaking given as provided for by sections 17, 19, 20, or 21 of this act, it shall stay all further proceedings in the court below, upon the judgment or order appealed from, or upon matter embraced therein, except as specified in section 25 of this act; but the court below may proceed upon any other matter included in the action or proceeding and not affected by the judgment or order appealed from. And the court below may, in its discretion, dispense with or limit the security required by said sections when an appellant is an executor, administrator, trustee, or other person acting in another’s right.


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

ê1937 Statutes of Nevada, Page 61 (CHAPTER 32, AB 47)ê

 

executor, administrator, trustee, or other person acting in another’s right.

      Sec. 23.  The undertaking prescribed in sections 16, 17, 19, 20, and 21 may be in one instrument or several, at the option of the appellant.

      Sec. 24.  An undertaking on appeal shall be of no effect unless it be accompanied by the affidavit of the personal sureties that they are each worth the amount specified therein, over and above their just debts and liabilities, exclusive of the property exempt from execution; except where the judgment exceeds three thousand dollars and the undertaking on appeal is executed by more than two sureties, they may state on their affidavit that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two qualified and sufficient sureties. The adverse party may, however, except to the sufficiency of the sureties within five days after the filing of the undertaking, and, unless they or other sureties justify before the judge of the court below, or clerk, within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal shall be regarded as if no such undertaking had been given; and in all cases where an undertaking is required on appeal by the provisions of this act, a deposit in the court below of the amount of the judgment appealed from, and such additional amount as may be specified by the judge of the court by which the judgment was rendered, shall be equivalent to filing the undertaking, and in all cases the undertaking or deposit may be waived by the written consent of the respondent, filed in said action or proceeding.

      In every case where, under the provisions of this act, an undertaking is required, such undertaking may be executed on the part of the appellant by at least two qualified and sufficient sureties, or by a bonding or surety company authorized and qualified to do business in the State of Nevada. Where such undertaking is executed by such bonding or surety company, no affidavit as to the sufficiency of such surety need accompany the undertaking.

      Sec. 25.  In cases not provided for in sections 17, 19, 20, 21 or 24 of this act, the perfecting of an appeal by giving the undertaking, and the justification of the sureties thereon, if required, or making the deposit mentioned in section 16, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the sale of perishable property the court below may order the property to be sold, and the proceeds thereof to be deposited to abide the judgment of the appellate court.

      Sec. 26.  The transcript on appeal may be either printed or typewritten, but in case the transcript is printed, the appellant shall not be entitled to recover as costs a greater amount than he would be entitled to if the transcript were typewritten.

 

Undertaking on appeal

 

Requirements of undertaking on appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Qualified surety company may furnish undertaking

 

 

 

Proceedings stayed except as relates to perishable property

 

 

Transcript on appeal may be printed or typewritten


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

ê1937 Statutes of Nevada, Page 62 (CHAPTER 32, AB 47)ê

 

 

 

Appeal not dismissed for defect or informality, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of appellate court

 

 

 

 

 

 

 

 

 

Judgment on appeal to be certified by clerk of the court

appellant shall not be entitled to recover as costs a greater amount than he would be entitled to if the transcript were typewritten.

      Sec. 27.  No appeal shall be dismissed by the supreme court for any defect or informality in the appellate proceedings until the appellant has been given an opportunity, upon such terms as may be just and within a reasonable time to be fixed by the court, to amend or correct such defect, and shall within such time have failed to comply with any terms imposed and correct the defect. No appeal shall be dismissed for insufficiency of the undertaking thereon; provided, that a good and sufficient undertaking approved by the justices of the supreme court, or a majority thereof, be filed in the supreme court before the hearing upon motion to dismiss the appeal; provided, that the respondent shall not be delayed, but may move when the cause is regularly called for the disposition of the same, if such undertaking be not given. An appeal shall not be dismissed for any irregularity not affecting the jurisdiction of the court to hear and determine the appeal or affecting the substantial rights of the parties, and where any defect or irregularity can be cured by amendment, such amendment shall be allowed on proper application upon such terms as the supreme court shall deem just. Upon the filing or noticing of any motion to dismiss an appeal, the hearing of the case on the merits shall be stayed and appellant’s opening brief on the merits need not be filed in the appellate court until fifteen days after written notice of the determination of the motion, and such motion shall be heard summarily and determined with all reasonable expedition.

      Sec. 28.  Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned, in the notice of appeal, and as to any or all of the parties; and may set aside, or affirm, or modify, any or all of the proceedings subsequent to or dependent upon such judgment or order, and may, if necessary or proper, order a new trial, or that further action or proceedings be had in the lower court without a new trial, and may remand the case for such further action or proceedings only. When the judgment or order is reversed or modified, the appellate court may make complete restitution of all property and rights lost by erroneous judgment or order, and when it appears to the appellate court that the appeal was made for delay, it may add to the costs such damages as may be just.

      Sec. 29.  When judgment is rendered upon the appeal, it shall be certified by the clerk of the supreme court to the clerk with whom the judgment roll is filed or the order appealed from is entered. In cases of appeal from the judgment, the clerk with whom the roll is filed shall attach the certificate to the judgment roll and enter a minute of the judgment of the supreme court on the docket against the original entry.


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

ê1937 Statutes of Nevada, Page 63 (CHAPTER 32, AB 47)ê

 

judgment, the clerk with whom the roll is filed shall attach the certificate to the judgment roll and enter a minute of the judgment of the supreme court on the docket against the original entry. In cases of appeal from an order, the clerk shall enter at length, in the records of the court, the certificate received, and minute against the entry of the order appealed from a reference to the certificate, with a brief statement that the order has been affirmed, reversed, or modified, as the case may be, by the supreme court on appeal.

      Sec. 30.  Whenever costs are awarded to a party by an appellate court, such party may have an execution for the same on filing a remittitur with the clerk of the court below, and it shall be the duty of such clerk, whenever the remittitur is filed, to issue the execution upon application therefor, and whenever costs are awarded to a party by an order of any court, such party may have an execution therefor in like manner as upon a judgment.

 

Re Bills of Exceptions

      Sec. 31.  At any time after the filing of the complaint and not later than twenty (20) days after final judgment, or if a motion be made for a new trial, when within twenty (20) days after service of written notice of the decision upon such motion, except as in subdivision (2) of this section otherwise provided, any party to an action or proceeding may serve and file a bill of exceptions to such judgment or any ruling, decision, order, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, by attaching thereto or inserting therein a certificate or stipulation to the effect that such bill of exceptions is correct, contains the substance of the proceedings relating to the point or points involved and has been settled and allowed, and when such bill of exceptions has been so settled and allowed it shall become a part of the record in such action or proceeding.

      Bills of exceptions shall be made up and prepared as follows, and not otherwise:

      (1) A transcript of the proceedings, certified by the court reporter, appointed by the court, under authority of law, or by agreement of the parties, to be a full, true and correct transcript thereof, may be served and filed, and when so filed shall be and constitute the bill of exceptions of the proceedings relating to the point or points involved, as therein set forth, without further stipulation or settlement by the court, provided, however, that on motion duly noticed, the court may at any time correct any error in such transcript by appropriate amendment thereto. The transcript of the proceedings, certified by the court reporter, as herein provided, together with all other matters, exhibits, motions, papers or orders, required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, as herein provided, it shall become a part of the record in such action or proceeding.

 

 

 

 

 

 

 

Procedure to recover costs

 

 

 

 

 

 

Bill of exceptions, how and when filed

 

 

 

 

 

 

 

 

 

 

 

Transcript of proceedings may constitute bill of exceptions


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

ê1937 Statutes of Nevada, Page 64 (CHAPTER 32, AB 47)ê

 

 

 

 

When record of proceedings shall constitute bill of exceptions

exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, as herein provided, it shall become a part of the record in such action or proceeding.

      (2) When the transcript of the proceedings, as provided in subdivision (1) of this section, is not served and filed as the bill of exceptions of the proceedings relating to the point or points involved upon such proceedings, then the bill of exceptions shall be based and be prepared upon a record of the proceedings made up as follows:

      (a) The point of the exception shall be particularly stated, and may be delivered in writing to the judge, or, if the party require it, shall be written down by the clerk. When delivered in writing or written down by the clerk, it shall be made conformable to the truth, or be at the time, or at or before the conclusion of the trial, corrected until it is so made conformable to the truth. If the judge shall in any case refuse to allow an exception in accordance with the facts, any party aggrieved thereby may petition the supreme court for leave to prove the same, and shall have the right so to do, in such mode and manner and according to such regulations as the supreme court may by rules impose, and such exceptions as are allowed by said supreme court shall become a part of the record of the cause.

      (b) During the progress of an action or proceeding or cause a party may take his bill of exceptions to the admission or exclusion of testimony, or to the rulings of the court or judge on points of law, and it shall not be necessary to embody in such bill of exceptions anything more than sufficient facts to show the point and pertinency of the exceptions taken. The presiding judge shall sign the same, within the time herein limited, as the truth of the case may be.

      (c) A statement of the case may be incorporated in, and made a part of such bill of exceptions; such statement shall state specifically particular errors or grounds upon which the party intends to rely on upon the appeal, and shall contain so much of the evidence as may be necessary to explain the particular errors or grounds specified, and no more, and shall be served, by copy thereof, upon the adverse party, and the original filed with the clerk.

      (d) When the bill of exceptions of the proceedings, as provided for in subdivision (2) of this section, is used instead of the bill of exceptions, as provided for in subdivision (1) of this section, and such bill of exceptions has been settled and allowed by the judge or court, or by stipulation of the parties, as herein provided, the same, together with other matters, exhibits, motions, papers or orders required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, it shall become a part of the record in such action or proceeding; provided, however, that no party to any action or proceeding shall have the benefit or the right to present or use the form of bills of exceptions, as authorized in subdivision (2) of this section, unless such party, in open court and before the taking of any testimony, stated such intention and caused such statement of intention to be entered of record in such action or proceeding by the clerk of the court.


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

ê1937 Statutes of Nevada, Page 65 (CHAPTER 32, AB 47)ê

 

the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, it shall become a part of the record in such action or proceeding; provided, however, that no party to any action or proceeding shall have the benefit or the right to present or use the form of bills of exceptions, as authorized in subdivision (2) of this section, unless such party, in open court and before the taking of any testimony, stated such intention and caused such statement of intention to be entered of record in such action or proceeding by the clerk of the court.

      Sec. 32.  Any adverse party may object to the allowance and settlement of any bill of exceptions herein provided for within five (5) days after the service of the same, by serving upon the opposite party and filing in said court a statement specifically pointing out wherein said bill does not state the true facts, or wherein the same omits any material fact necessary to explain or make clear any ruling, decision, or action of the court. Such objection shall be heard and determined by the court within five (5) days thereafter, and upon such hearing the court shall designate in what respect said bill is incorrect or untrue, or fails or omits to state the true facts, and shall order and direct that such bill be corrected in accordance with said determination, and engrossed so as to contain the true facts as herein required, and when so engrossed said bill must be allowed and settled as in this act provided, and when so settled shall become and be a part of the record of said action or proceeding. If the objections of the adverse party are disallowed, then such bill as originally filed must be immediately settled and allowed as by this act required.

      Sec. 33.  All bills of exceptions required by the provisions hereof shall be typewritten, paged, and the lines of each page numbered; and where more than one bill of exceptions is filed in the same action or proceeding each bill shall be consecutively numbered. The service of all bills of exceptions and objections thereto shall be by copy.

      Sec. 34.  Bills of exceptions provided for by this act must be prepared, served, and filed, as herein provided, and not otherwise, and all errors relied upon which may have occurred during the proceedings or at the trial, or which may be alleged against the findings, or exceptions to the findings as made, and all errors based upon any ground for a new trial, may be included therein, and all such errors may be reviewed by the supreme court on appeal from the judgment or order denying or granting the motion for a new trial.

      Sec. 35.  When the action, decision, ruling, or order excepted to was made by a referee or any judicial officer other than a judge, the bill of exceptions shall be served, filed, and presented to said referee or judicial officer, and be settled, allowed, and certified by him in the same manner and within the same time as other bills of exceptions are required to be presented to, settled, allowed and certified by the judge or court.

When record of proceedings shall constitute bill of exceptions

 

 

 

Objections to allowance, how made

 

 

 

 

 

 

 

 

 

 

 

 

Requirements as to bills of exceptions

 

 

 

Requirement of act must be adhered to

 

 

 

 

 

How settled


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

ê1937 Statutes of Nevada, Page 66 (CHAPTER 32, AB 47)ê

 

How settled

 

 

 

 

 

 

 

 

 

When right to file bill waived

 

 

Periods of time may be enlarged

 

Original bills to be annexed to judgment roll

 

 

 

 

 

Last section not to apply, when

 

 

Exhibits; how presented

filed, and presented to said referee or judicial officer, and be settled, allowed, and certified by him in the same manner and within the same time as other bills of exceptions are required to be presented to, settled, allowed and certified by the judge or court. A judge, referee, or judicial officer may settle, allow, and certify to a bill of exceptions after he ceases to be such judge, referee, or judicial officer, and if such judge, referee, or judicial officer, before the bill of exceptions is settled, dies, is removed from office, becomes disqualified, is absent from the state, or refuses to settle and allow any bill, or if no method is provided by law for the settlement of the same, it shall be settled and certified in such a manner as the supreme court may by its order or rules direct.

      Sec. 36.  If a party shall omit or fail to serve and file his bill of exceptions within the time limited he shall be deemed to have waived his right thereto, and if a party shall omit to make objections as required to such bill of exceptions within the time limited he shall be deemed to have waived his right thereto.

      Sec. 37.  The several periods of time specified in this act in reference to bills of exceptions only may be enlarged upon good cause shown by the court, any justice of the supreme court, judge, referee, or judicial official, or by stipulation of the parties.

      Sec. 38.  The original bills of exceptions herein provided for, together with a notice of appeal and the undertaking on appeal, shall be annexed to a copy of the judgment roll, certified by the clerk or by the parties, if the appeal be from the judgment; if the appeal be from an order, such original bill shall be annexed to such order, certified by the clerk or by the parties, and the same shall be and become the record on appeal when filed in the supreme court. A party may appeal upon the judgment roll alone, in which case only such errors can be considered as appear upon the face of the judgment roll.

      Sec. 39.  The provisions of the last preceding section shall not apply to appeals taken from an order made upon affidavits, but copy of such affidavits and counter affidavits, if any, shall be annexed to the order in place of the bill of exceptions mentioned in the last section, and certified by the clerk or by the parties.

      Sec. 40.  Where it is not practicable to embody an exhibit in the bill of exceptions or record on appeal, then if such exhibit be in the nature of a map or drawing, a copy thereof, certified to by the clerk or by the parties, may be sent to the supreme court, together with the record as hereinabove specified, and in case the exhibit be of such a character that a copy or duplicate of the same cannot conveniently or accurately be made, then the original exhibit, duly certified to by the clerk, may be sent to the supreme court, together with the record hereinabove specified, and such copy of such exhibit, and such original exhibit, so certified by the clerk of the court or by the parties, shall become a part of the record on appeal in the supreme court; but in no other case shall original papers, records, or documents be sent to the supreme court, except upon the order of the supreme court.


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

ê1937 Statutes of Nevada, Page 67 (CHAPTER 32, AB 47)ê

 

by the clerk, may be sent to the supreme court, together with the record hereinabove specified, and such copy of such exhibit, and such original exhibit, so certified by the clerk of the court or by the parties, shall become a part of the record on appeal in the supreme court; but in no other case shall original papers, records, or documents be sent to the supreme court, except upon the order of the supreme court.

      Sec. 41.  When any party desires to appeal from any appealable order, other than from a final judgment or from an order granting or denying a motion for a new trial, such party may take a bill of exceptions within ten days after service of written notice of the decision or order to be appealed from. Said bill of exceptions shall be prepared, served, filed, settled, and allowed as provided in section 31 of this act.

      Sec. 42.  Whenever the judgment roll, or the papers making up the judgment roll, shall be incorporated in a bill of exceptions, it shall not be necessary to take to the supreme court any separate copy of the judgment roll, but in all such cases the judgment roll, or the papers making up the judgment roll, shall be certified by the clerk of the court in which the action or proceeding is pending, or by the parties or their attorneys.

      Sec. 43.  The appellant shall, in his opening brief, state his points and such errors as he shall rely on with such references to page or pages of the record on appeal as shall be necessary to call to the attention of the court the errors on which he relies; provided, however, that the court may at any time, if the reference in the brief be insufficient, upon such terms as may be just, direct the filing within a time to be allowed by the court of a more definite specification of errors, and the court shall not be bound to consider any error not specified with reasonable certainty.

      Sec. 44.  The supreme court shall not decide any case on any point not raised in the opening brief or briefs in answer thereto without first giving all parties affected an opportunity to be heard upon such point.

      Sec. 45.  If at any time before final judgment of the supreme court it shall be made to appear to the court that the record on appeal does not accurately or fully state the proceedings under consideration before the court, the court may take such steps and issue such orders, including orders to the lower court or the clerk thereof, for the certification to the supreme court of additional records or proceedings as shall be necessary or proper to correct or complete the record on appeal.

      Sec. 46.  If any part of the record on appeal shall contain a copy, duly certified or stipulated, of any bill of exceptions taken under the provisions of this act, such copy of such bill of exceptions may be considered in lieu of the original, and it shall not be necessary to furnish the supreme court the original of such bill of exceptions.

 

 

 

 

 

Procedure on appeal from appealable order

 

 

 

When judgment roll part of bill of exceptions

 

 

 

What opening brief shall state

 

 

 

 

 

All parties entitled to be heard

 

Court may order additional records

 

 

 

 

Copy may serve as original


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

ê1937 Statutes of Nevada, Page 68 (CHAPTER 32, AB 47)ê

 

 

 

When party in action in default

 

 

 

 

 

 

Acts repealed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

and it shall not be necessary to furnish the supreme court the original of such bill of exceptions.

      Sec. 47.  No party to an action or special proceeding, against whom the action or special proceeding was subsequently dismissed, or upon whom notice or process has not been served, or, if so served, failed to appear, and by reason of such failure to appear his default has been entered by the clerk or by the court, shall be named in any notice of intention to move for a new trial or notice of appeal, and it shall not be necessary to serve upon such party any notice of intention to move for a new trial or notice of appeal or any bill of exceptions, or any notice, paper, or order required by this act to be served upon an “adverse party” or “opposite party.”

      Sec. 48.  An act entitled “An act to provide for and to regulate proceedings on motions for new trials and on appeal in civil cases, and repealing all acts and parts of acts in conflict herewith,” approved March 27, 1935, and sections 377, 378, 379, 381, 382, 383, 385, 386, 387, 388, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, and 419 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all acts in relation thereto,” approved March 17, 1911, and being, respectively, sections 8875, 8876, 8877, 8879, 8880, 8881, 8883, 8884, 8885, 8886, 8887, 8888, 8889, 8890, 8891, 8892, 8893, 8894, 8895, 8896, 8897, 8898, 8899, 8900, 8901, 8902, 8903, 8904, 8905, 8906, 8907, and 8908 of Nevada Compiled Laws 1929, and sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 of “An act supplemental to and to amend an act entitled ‘An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,’ approved March 17, 1911,” approved March 16, 1915, and being, respectively, sections 9386, 9387, 9388, 9389, 9390, 9391, 9392, 9393, 9394, 9395, and 9396 of Nevada Compiled Laws 1929, and sections 1, 1(a), 1(b), 2, 3, 4, 5, and 6 of an act entitled “An act to regulate proceedings on motions for new trials and on appeal in civil cases,” approved March 8, 1923, being, respectively, sections 9398, 9399, 9400, 9401, 9402, 9403, 9404, and 9405 of Nevada Compiled Laws 1929, and all provisions of law in conflict herewith, are hereby repealed; provided, however, nothing contained herein shall affect or invalidate any proceedings already had in any action or special proceeding now pending, but said action or proceeding may be finally heard and determined upon the record made under the existing law.

      Sec. 49.  This act shall become and be effective on and after its passage and approval.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 69ê

CHAPTER 33, AB 86

[Assembly Bill No. 86–Mr. Whalen]

 

Chap. 33–An Act relating to sheriffs and justices of the peace relative to enforcement of the motor vehicle laws of the State of Nevada and requiring said officers to keep records of certain cases relating thereto.

 

[Approved March 2, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act it shall be the duty of every sheriff within this state, and every justice of the peace within this state, to make and keep a detailed record of every violation of the motor vehicle laws of this state coming to the notice and attention of said offices in connection with the official duties thereof.

 

 

 

 

 

 

 

 

 

 

 

Records of violation of motor vehicle laws to be kept

 

________

 

CHAPTER 34, SB 48

[Senate Bill No. 48–Senator Sawyer]

 

Chap. 34–An Act authorizing the board of county commissioners of Churchill County, Nevada, to build, construct, and equip a county courthouse; providing for the issuance and sale of the bonds of the county for such purposes; authorizing the county to enter into contracts with the United States; authorizing and directing the levy of a tax to pay such bonds and interest; and authorizing and directing the county commissioners to call a special election submitting said bond proposal to the electors of said county; and other matters related thereto.

 

[Approved March 3, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, Nevada, shall have power and they are hereby authorized to build, contract, and equip a county courthouse located at Fallon, Churchill County, Nevada, and for that purpose to issue the negotiable coupon bonds of the county in an amount not to exceed one hundred thousand ($100,000) dollars, and to make contracts and execute instruments containing such terms, provisions and conditions as in the discretion of said board of county commissioners may be necessary, proper or advisable for the purpose of obtaining a grant, loan or other financial assistance from the United States of America or any agency or instrumentality thereof authorized by federal act or acts to give said grant, loan or other financial assistance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Churchill County courthouse bonds, $100,000


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

ê1937 Statutes of Nevada, Page 70 (CHAPTER 34, SB 48)ê

 

Description of bonds

 

 

 

 

 

 

 

 

 

 

 

 

Additional tax to redeem bonds

 

 

 

 

 

Must be sold at par

 

Special bond election to be called

 

 

 

 

 

Qualified electors may register

      Sec. 2.  Said bonds may be authorized by resolution of the board of county commissioners. Said bonds shall bear interest at such rate or rates not exceeding four percentum per annum, payable semiannually, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding twenty years from their respective dates, may be payable in lawful money of the United States, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution or subsequent resolutions may provide. Such bonds bearing the signature of the officers in office at the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the county.

      Sec. 3.  The board of county commissioners is hereby empowered and directed to levy and collect a tax upon all property subject to taxation by the county, sufficient to pay the interest on and principal of said bonds as the same shall become due. Said tax shall be levied annually and assessed, collected and paid in like manner with the other taxes of such county, and shall be in addition to and exclusive of all other taxes which said county is now or may hereafter be authorized or required by law to levy and assess upon property subject to taxation.

      Sec. 4.  Said bonds shall be sold at not less than par, together with accrued interest.

      Sec. 5.  Before issuing any of said bonds, the county commissioners of said Churchill County are hereby authorized, empowered and directed to call a special bond election submitting the proposal for such bond issue to the electors of said Churchill County. Said special election shall be called by resolution of said board of county commissioners duly entered upon its minutes, and they shall give notice of said special election by publication thereof in a newspaper of general circulation published in said county, for a period of at least three weeks before the holding of said election.

      Sec. 6.  Any citizen legally entitled to registration whose name is not upon the official registry list of said Churchill County, may apply to the county clerk, or to the persons authorized in the resolution calling the election to act as registry agent, not more than twenty nor less than five days prior to the day of election, to have his name registered. No notice, other than that contained in the published notice calling said election, shall be required as to the time of opening and the close of said registration.


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

ê1937 Statutes of Nevada, Page 71 (CHAPTER 34, SB 48)ê

 

      The resolution calling said election may provide that two or more voting precincts be consolidated.

      Sec. 7.  All laws in force governing bond elections and all of the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws are hereby made applicable to and shall govern the board in their official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act, shall be by the board of county commissioners of Churchill County authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

      Sec. 8.  It shall be the duty of the board of county commissioners on or before 15 days before the date of said election to select and appoint suitable persons who shall be citizens and qualified voters in the state, county, and in the precinct where they are appointed, to act as inspectors and clerks of said election; such inspectors and clerks of election shall be selected, appointed and paid, if payment thereof be claimed, as now provided by law and they shall perform such duties in holding said election and in making due return thereof as are required by the general election laws of this state so far as the same are not inconsistent with or in conflict with the provisions of this act; provided, however, that only one election board shall be appointed for each voting precinct in the state.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation to be imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value of the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

      Sec. 10.  This act shall take effect immediately upon and after its passage and approval.

Precincts consolidated

 

Existing laws to govern

 

 

 

 

 

 

County commissioners to provide election officials

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 72ê

CHAPTER 35, AB 126

 

 

 

 

 

 

 

 

 

 

 

Act repealed

 

 

 

In effect

[Assembly Bill No. 126–Mr. Thruston]

 

Chap. 35–An Act to repeal an act entitled “An act to amend section 4 of an act entitled ‘An act relating to marriage and divorce,’ approved November 28, 1861, as amended,” approved March 8, 1933.

 

[Approved March 3, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature entitled “An act to amend section 4 of an act entitled ‘An act relating to marriage and divorce,’ approved November 28, 1861, as amended,” approved March 8, 1933, the same being chapter 47 of the 1933 Statutes of Nevada, is hereby repealed.

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

 

________

 

CHAPTER 36, AB 52

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplemental complaint, answer and reply

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 52–Committee on Judiciary]

 

Chap. 36–An Act to amend section 134 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being also known as section 8362 N. C. L. 1929.

 

[Approved March 3, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 134 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” is hereby amended to read as follows:

      Section 134.  Either party may be allowed to make a supplemental complaint, answer or reply, alleging facts material to the case, which have happened, or have come to his knowledge, since the filing of the former pleading, or which adds an additional cause or causes of action which if existing at the same time are allowed to be joined with those stated in the original pleading but were not joined because of oversight, excusable neglect, or because they had not accrued at the time of the original pleading, but have since accrued; such new pleading shall not be considered a waiver of former pleadings.

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 73ê

CHAPTER 37, AB 97

[Assembly Bill No. 97–Mr. Baring]

 

Chap. 37–An Act to amend section 8 of an act entitled “An act concerning conveyances,” approved November 5, 1861, as amended by Stats. 1909, page 270, being section 1483 of Nevada Compiled Laws 1929.

 

[Approved March 3, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act, being section 1483 Nevada Compiled Laws 1929, as amended by Stats. 1909, page 270, is hereby amended to read as follows:

      Section 8.  (a) Such certificate, when made for an acknowledgment, by an individual, shall be in substantially the following form, to wit:

 

State of Nevada, County of …………….

      On this …… day of ………., A. D. .….., personally appeared before me a notary public (or judge or other officer, as the case may be), in and for ……………….. County, A. B., known (or proved) to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he (or she) executed the same freely and voluntarily and for the uses and purposes therein mentioned.

      (b) Such certificate, when made for an acknowledgment by a corporation, shall be in substantially the following form, to wit:

 

State of Nevada, County of …………….

      On this …… day of ………., A. D. .….., personally appeared before me, a notary public (or judge or other officer, as the case may be), in and for ……………….. County, A. B., known (or proved) to me to be the president, vice president or secretary or other duly authorized person executing the same on behalf of the corporation that executed the foregoing instrument, and upon oath did dispose that he is the officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned.

      (c) Such certificate, when made for an acknowledgment by an attorney in fact, shall be substantially the following form, to wit:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate

 

 

 

By individual

 

 

 

 

 

 

 

 

By corporation


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

ê1937 Statutes of Nevada, Page 74 (CHAPTER 37, AB 97)ê

 

 

By attorney in fact

 

 

 

 

 

 

Proviso

 

 

 

In effect

State of Nevada, County of …………….

      On this …… day of ………., A. D. .….., personally appeared before me, a notary public (or judge or other officer, as the case may be) in and for ……………….. County, A. B., known (or proved) to me to be the person whose name is subscribed to the within instrument as the attorney in fact of …………… and acknowledged to me that he subscribed the name of said …………… thereto as principal, and his own name as attorney in fact, freely and voluntarily and for the uses and purposes therein mentioned.

      2.  (d) Provided, however, that any acknowledgment heretofore or hereafter taken, or certificate thereof made, without this state, either in accordance with the laws of this state, or in accordance with the laws of the place where the acknowledgment is taken, shall be sufficient in this state.

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

 

________

 

CHAPTER 38, AB 70

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Obsolete records to be destroyed

[Assembly Bill No. 70–Mr. Rochon]

 

Chap. 38–An Act providing for the removal and destruction of old and obsolete state papers, books, pamphlets, documents and other old and obsolete property.

 

[Approved March 3, 1937]

 

      Whereas, There have accumulated over a period of many years from the various state offices many papers, books, pamphlets, documents and other property that now have no value whatsoever to the state; and

      Whereas, Such papers, books, pamphlets, documents and other property is now stored in various places in the capitol building and in other state buildings, taking up much valuable room and creating a fire hazard; and

      Whereas, No state officer or board is now authorized to destroy any of said property; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon request made by any state board or officer to the state board of control, it shall be lawful for such board to order the removal from storage or other place where old and obsolete state papers, books, pamphlets, documents and other old or obsolete property are kept and to order the destruction thereof, if such board shall be satisfied that any such property is no longer of value to the state.

      Sec. 2.  It shall be the duty of the state board of control to keep a record showing when any of the property mentioned in this act was destroyed, and the kind and nature thereof; provided, that if any of such property has a historical value it may be presented to the Nevada historical society for preservation.


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

ê1937 Statutes of Nevada, Page 75 (CHAPTER 38, AB 70)ê

 

thereof; provided, that if any of such property has a historical value it may be presented to the Nevada historical society for preservation.

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

 

 

In effect

 

________

 

CHAPTER 39, SB 19

[Senate Bill No. 19–Senator Sawyer]

 

Chap. 39–An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto.

 

[Approved March 5, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the first day of April 1937, the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services:

      Sec. 2.  The sheriff and ex officio license collector shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners; provided, that he shall be entitled to retain twenty percent of all moneys collected by him from sheep licenses as his commission for collecting the same.

      Sec. 3.  The county clerk and ex officio clerk of the the county commissioners and ex officio clerk of the county board of equalization and ex officio county treasurer shall receive the sum of twenty-four hundred ($2,400) dollars per annum.

      Sec. 4.  The county recorder and ex officio auditor shall receive the sum of two thousand ($2,000) dollars per annum. All fees authorized by the law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.

      Sec. 5.  The assessor shall receive the sum of ($2,000) dollars per annum.

 

 

 

 

 

 

 

 

 

 

 

Salaries of county officers of Churchill County

 

Sheriff and ex officio license collector

 

 

 

 

 

 

County clerk, etc.

 

 

Recorder and auditor

 

 

 

 

 

 

Assessor


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

ê1937 Statutes of Nevada, Page 76 (CHAPTER 39, SB 19)ê

 

District attorney

 

 

May appoint deputies

 

 

County commissioners

 

Salaries payable monthly

 

 

 

In effect

      Sec. 6.  The district attorney shall receive a salary of twenty-one hundred ($2,100) dollars per annum, and shall also be allowed his actual expenses when called from the county seat and in the discharge of the official duties of district attorney.

      Sec. 7.  The above-named officers shall be entitled to appoint such deputies and assistants as may be authorized by the board of county commissioners of said county for such time and at such salary as the said board may specify.

      Sec. 8.  The county commissioners shall receive the sum of nine hundred ($900) dollars per annum each.

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

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

 

________

 

CHAPTER 40, AB 79

 

[Assembly Bill No. 79–Mr. Lattin]

 

Chap. 40–An Act to amend an act entitled “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,” as amended and approved March 25, 1933.

 

[Approved March 5, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act, being chapter 202 Statutes of Nevada 1931, as amended and approved in chapter 173 Statutes of Nevada 1935, is hereby amended to read as follows:

 


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

ê1937 Statutes of Nevada, Page 77 (CHAPTER 40, AB 79)ê

 

approved in chapter 173 Statutes of Nevada 1935, 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.

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

      (d) For every truck, trailer, truck-tractor, and semi-trailer forty-five cents per hundred pounds, or major fraction thereof, of unladened weight as shown by a public weighmaster’s certificate; provided, that on and after January 1, 1935, there shall be paid to the department for registration of every truck or trailer having an unladened weight of between three thousand pounds and one thousand pounds, a flat registration fee of five dollars only; and provided further, the registration fee for every truck or trailer having an unladened weight of one thousand pounds or less, shall be two dollars; and provided further, the state treasurer, upon the recommendation of the department, shall refund any excess over and above the five dollars flat fee to any person, firm, association, partnership, corporation, lessee, trustee, receiver or company having purchased a license for a truck or trailer for the year 1935, having an unladened weight of three thousand pounds or less, on the basis of forty-five cents per hundred pounds, said refund or refunds to be taken from the state highway fund. 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.

 

 

Fees for registration of motor vehicles

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Public weighmaster act” to apply


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

ê1937 Statutes of Nevada, Page 78 (CHAPTER 40, AB 79)ê

 

“Public weighmaster act” to apply

 

 

 

 

 

 

 

 

Repeal

 

In effect

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

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

 

________

 

CHAPTER 41, AB 125

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 125–Mr. Thruston]

 

Chap. 41–An Act to repeal an act entitled “An act to promote the organization and self-government of industry, trade and business for the purpose of securing cooperative action among trade groups through the establishment of codes of fair competition, and providing for the enforcement of the provisions thereof, through administrative agencies and otherwise in cooperating with the national government in its efforts to promote recovery from industrial and business depression,” approved March 27, 1935.

 

[Approved March 5, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature entitled “An act to promote the organization and self-government of industry, trade and business for the purpose of securing cooperative action among trade groups through the establishment of codes of fair competition, and providing for the enforcement of the provisions thereof, through administrative agencies and otherwise in cooperating with the national government in its efforts to promote recovery from industrial and business depression,” approved March 27, 1935, the same being chap. 114 of the 1935 Statutes of Nevada, is hereby repealed.

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 79ê

CHAPTER 42, AB 121

[Assembly Bill No. 121–Mr. Rochon]

 

Chap. 42–An Act authorizing and directing the destruction of certain useless and obsolete exhibits in the custody of the clerk of the supreme court, directing the method thereof, and other matters properly relating thereto.

 

[Approved March 5, 1937]

 

      Whereas, There has accumulated in the office of the clerk of the supreme court of the State of Nevada a great quantity of exhibits that have been used in cases before said court, which have long since become useless and obsolete for any purpose whatsoever; and

      Whereas, In the years to come there will be a continuation of such accumulation; and

      Whereas, The space so occupied is vitally necessary for the growing needs of the office of said clerk; and

      Whereas, A destruction of such useless exhibits that have accumulated for a period of at least five years prior to this date would be advisable; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act and continuing at convenient dates thereafter, it shall be the duty of the clerk of the supreme court of the State of Nevada, with the approval of the justices of the said court, when any such exhibits which have been in his custody for at least five years, and which shall have been considered by said justices to be of no further use or value, to destroy the same by such means as he shall determine to be in conformity with the intent of this act.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk of supreme court to destroy certain obsolete records

 

________

 

CHAPTER 43, AB 137

[Assembly Bill No. 137–White Pine County Delegation]

 

Chap. 43–An Act to authorizing, empowering and directing the county commissioners of White Pine County, Nevada, to fix the salaries and compensation of certain employees in said county, and other matters relating thereto.

 

[Approved March 5, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act, at any regular meeting of the county commissioners of White Pine County, Nevada, after advising with the various elective officers, the said county commissioners are hereby authorized, empowered and directed to fix and establish the salaries, or compensation, of any or all deputies of any county officer, clerk, typist, assistant, or other employee in any office, department, or position, within said county, now or hereafter employed.

 

 

 

 

 

 

 

 

 

 

 

County commissioners White Pine County to establish certain salaries


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

ê1937 Statutes of Nevada, Page 80 (CHAPTER 43, AB 137)ê

 

 

 

 

In effect

establish the salaries, or compensation, of any or all deputies of any county officer, clerk, typist, assistant, or other employee in any office, department, or position, within said county, now or hereafter employed.

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

 

________

 

CHAPTER 44, AB 159

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions of terms used in act

[Assembly Bill No. 159–Committee on Labor]

 

Chap. 44–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 occupation of hairdressers and cosmeticians are practiced; prescribing penalties for the violation of the provisions of this act,” approved March 27, 1931, as amended Statutes 1933.

 

[Approved March 5, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 174 Statutes of Nevada 1933, page 237, is hereby amended 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, cutting, trimming, or shaping the hair of women and children, 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.


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

ê1937 Statutes of Nevada, Page 81 (CHAPTER 44, AB 159)ê

 

face, neck, arms, bust, or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams; removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, or by the use of tweezers, and manicuring the nails of any person; and said word “cosmetology” shall be construed to include any branch or any combination of branches of the occupation of a hairdresser and cosmetician, and any branch or any combination of branches of the occupation of a cosmetician, or cosmetologist, or beauty culturist, which are now or may hereafter be practiced.

      (c) The words “hairdresser and cosmetician” are defined as any person who 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 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 hairdresser and cosmetician are taught or practiced, and every person who shall engage in, or attempt to engage in, the practice of cosmetology, or any branch or branches thereof, 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.

Definitions of terms used in act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Person engaged to secure license


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

ê1937 Statutes of Nevada, Page 82 (CHAPTER 44, AB 159)ê

 

 

 

 

Certain exceptions

 

 

 

 

 

 

 

Practical demonstrations required

 

 

 

 

What examinations to include

 

 

 

 

 

 

Repeal

 

In effect

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.

      Sec. 3.  Section 8 of the above-entitled act is hereby amended 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 waiving, water waving, hair coloring, manicuring, facial massage, and scalp massage with the hands, cutting, trimming, or shaping the hair of women and children; 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.

      Sec. 4.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 83ê

CHAPTER 45, AB 139

[Assembly Bill No. 139–Lyon County Delegation]

 

Chap. 45–An Act ceding to the United States jurisdiction of this state over certain lands in the city of Yerington, Lyon County, Nevada, said lands to be used for a post-office site in said city of Yerington.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The consent of the State of Nevada is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States to the acquisition by the United States of the following-described land in this state as a site for a federal building at Yerington.

      Lying and being in the city of Yerington, county of Lyon and State of Nevada; beginning at a point in the easterly side of Main street, which point is distant northwardly 252.50 feet from the intersection of the easterly side of Main street with the northerly side of Broadway street; running thence in a northwardly direction along the easterly side of Main street a distance of 145 feet to a point in lands now or formerly owned by Ed Tanner and other lands of the Lyon County bank mortgage company; thence in an eastwardly direction along said lands of Edward Tanner and the Lyon County bank mortgage company a distance of 181.80 feet to a point in the westerly side of a 20-foot public alley; thence in a southwardly direction along the westerly side of said 20-foot public alley a distance of 145 feet to a point in other lands of Mrs. Ida L. Kaufman estate; thence in a westwardly direction along other lands of Mrs. Ida L. Kaufman estate and lands now or formerly owned by F. M. Johnson a distance of 181.80 feet to the point or place of beginning, being all of lot 7 and parts of lots 5, 6 and 10 in block A in the city of Yerington as the same appears on the official plat of said block A in the office of the county recorder of Lyon County.

      Sec. 2.  The exclusive jurisdiction in and over the land described is hereby ceded to the United States for all purposes, except the service thereon of all civil and criminal process of the courts of this state, but the jurisdiction so ceded shall continue no longer than the United States shall own such lands; and so long as the said lands shall remain the property of the United States, and no longer, the same shall be and continue exempt and exonerated from all state, county and municipal assessment, taxation or other charges which may be levied or imposed under the authority of this state.

      Sec. 3.  This act shall be in full force and effect from and after the time the United States shall acquire title to the premises herein described.

 

 

 

 

 

 

 

 

 

 

 

Jurisdiction ceded for federal building at Yerington

 

Description of land ceded

 

 

 

 

 

 

 

 

 

 

 

 

 

Rights to serve process retained

 

 

 

 

 

 

In effect


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

ê1937 Statutes of Nevada, Page 84 (CHAPTER 45, AB 139)ê

 

 

Repeal

and after the time the United States shall acquire title to the premises herein described.

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

 

________

 

CHAPTER 46, AB 85

 

[Assembly Bill No. 85–Mr. Goodwin]

 

Chap. 46–An Act to amend section 72 of an act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failures to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation, providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office, and other matters relating thereto,’ approved February 20, 1909,” approved March 22, 1913, as amended, being section 7957 Nevada Compiled Laws 1929, as amended by chapter 128 Statutes 1931.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 72 of the above-entitled act, the same being 7957 N. C. L. 1929, as amended by chapter 128 Statutes of Nevada 1931, is hereby amended to read as follows:


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

ê1937 Statutes of Nevada, Page 85 (CHAPTER 46, AB 85)ê

 

      Section 72.  As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated, has been perfected in accordance with the provisions of this act, said state engineer shall issue to said applicant, his assign or assigns, a certificate setting forth the name and post-office address of the appropriator, his assign, or assigns, date, source, purpose and amount of appropriation; and if for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which said water is appurtenant, together with the number of the permit under which such certificate is issued, which certificate shall, within thirty (30) days after its issuance, be sent by mail to the recorder of the county in which such water is diverted from its source, as well as to the recorder of the county in which the water is used, to be recorded in books especially kept for that purpose, and the fee for recording such certificate, which is hereby fixed in the sum of one dollar ($1) for each county in which said record is made, shall be paid in advance to the state engineer by the party in whose favor the certificate is issued.

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

Certificate issued by state engineer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 47, SB 16

[Senate Bill No. 16–Senator Robbins]

 

Chap. 47.–An Act to amend sections 2, 5, and 6 of an act entitled “An act regulating the assessment and taxation of banks, and of the shares of stock therein,” approved March 20, 1907, as amended and approved March 16, 1915.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 6572 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  All shares of stock in banks, whether of issue or not, existing by authority of the United States, or of the State of Nevada, or of any other state, territory, or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town, or district where such banks are located, and not elsewhere, in the assessment of all state, county, town, or special taxes, imposed and levied in such place, whether such owner is a resident of said county, city, town, or district, or not. All such shares shall be assessed at their full cash value on the first day of May, first deducting therefrom the proportionate value of the real estate belonging to the bank and the amount or value of such mortgages or trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is by law assessed; provided,

 

 

 

 

 

 

 

 

 

 

 

 

 

Shares of bank stock assessed at full cost value


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

ê1937 Statutes of Nevada, Page 86 (CHAPTER 47, SB 16)ê

 

 

 

 

 

 

Assessment levied where bank located

 

 

 

 

 

 

 

 

 

 

 

 

Assessor to receive true and complete list of stockholders

 

 

 

 

 

 

 

 

 

Bank held liable for taxes upon its shares

first day of May, first deducting therefrom the proportionate value of the real estate belonging to the bank and the amount or value of such mortgages or trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is by law assessed; provided, however, that the proportionate parts of the shares of stock in a bank having branches in one or more counties, cities, towns or districts, shall be assessed as provided herein in such counties, cities, towns, or districts where such bank or branches may be situated, such proportionate parts to be assessed in each such county, town, city, or district being determined by the ratio which the total deposits, both time and demand, at the close of banking hours on the last business day of April in the bank or branch situated in such county, city, town, or district, bear to the total of such deposits on said last business day of April in all of the banks and branches thereof, ownership of which is represented by the shares of stock so assessed. And the persons or corporation who appear from the records of the banks to be the owners of shares at the close of the business day next preceding the first day of May in each year shall be taken and deemed to be the owners thereof for the purposes of this section.

      Sec. 2.  Section 5 of the above-entitled act, being section 6575 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Every bank in which shares of stock have been issued, and the officers thereof, shall upon the request of the assessor of any county or city in which it or one of its branches is situated, deliver to him in full a true and complete list of the names of the stockholders in such bank and the number of shares owned by each on the close of business on the day preceding the first day of May, as shown by its books and records and shall also upon such request deliver to the assessor a true statement of the total number of shares comprising the capital stock of the bank, and if operating branch banks within the state, a true statement of the total deposits, both time and demand, in the bank and in each of its branches at the close of banking hours on the last business day of April.

      Sec. 3.  Section 6 of the above-entitled act, being section 6576 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Every bank in which shares of stock have been issued shall pay to the tax collector, or other person authorized to collect the taxes of the state, county, city, town or district in which the said shares of stock are assessed as provided in this act, at the time in each year when other taxes assessed in the said state, county, city, town or district become due, the amount of the tax so assessed in such year upon the shares in such bank, and if said tax is not so paid the said bank shall be liable for the same and for equal penalties provided by law in the collection of delinquent taxes upon other property.


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

ê1937 Statutes of Nevada, Page 87 (CHAPTER 47, SB 16)ê

 

become due, the amount of the tax so assessed in such year upon the shares in such bank, and if said tax is not so paid the said bank shall be liable for the same and for equal penalties provided by law in the collection of delinquent taxes upon other property.

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

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

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 48, AB 130

[Assembly Bill No. 130–Mr. Smith]

 

Chap. 48–An Act to protect trade-mark owners, their agents, producers, distributors, and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade mark, brand or name, through the use of voluntary contracts establishing minimum resale prices, and other matters properly relating thereto.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, or the vending equipment through which such commodity is sold bears, the trade mark, brand, or name of the producer or distributor of such commodity, and which commodity is in fair and open competition with commodities of the same general class produced or distributed by others, shall be deemed in violation of any law of the State of Nevada by reason of any of the following provisions which may be contained in such contract:

      (1) That the buyer will not resell such commodity at less than the minimum price stipulated by the vendor, subject however, to any and all state sale or excise tax, the amount of which shall be in addition to any price schedule;

      (2) That the vendee or purchaser of such commodity require any person, partnership, firm, corporation, joint-stock company, or other association to agree not to resell such commodity at not less than the minimum price stipulated by the original vendor, producer or agent.

      Such provisions in any contract shall be deemed to contain or imply conditions that such commodity may be resold without reference to such agreement in the following cases:

      (1) In closing out in good faith the owner’s stock for the bona fide purpose of discontinuing dealing in any such commodity and plain notice of the fact is given to the public;

 

 

 

 

 

 

 

 

 

 

 

 

 

Contracts validated under certain provisions

 

 

 

 

 

Provisions enumerated


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

ê1937 Statutes of Nevada, Page 88 (CHAPTER 48, AB 130)ê

 

Provisions enumerated

 

 

 

 

 

Unfair competition defined

 

 

 

Act not to apply, when

 

 

Terms of act defined

 

 

 

 

 

 

What deemed violation

 

 

 

 

 

Minimum sale price, how established

 

 

 

Invalidity of one portion not to affect others

bona fide purpose of discontinuing dealing in any such commodity and plain notice of the fact is given to the public;

      (2) When the goods are altered, damaged or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity;

      (3) By any officer acting under an order of court.

      Sec. 2.  Willfully and knowingly advertising, offering for sale or selling any commodity at less than the minimum price stipulated in any contract entered into pursuant to the provisions of this act, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby.

      Sec. 3.  This act shall not apply to any contract or agreement between or among producers or distributors or between or among wholesalers or between or among retailers as to sale or resale prices.

      Sec. 4.  The following terms, as used in this act, are hereby defined as follows:

      (1) “Commodity” means any subject of commerce;

      (2) “Producer” means any grower, baker, maker, manufacturer, bottler, packer, converter, processor, or publisher;

      (3) “Retailer” means any person selling a commodity to consumers for use;

      (4) “Person” means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust or any unincorporated organization.

      Sec. 5.  For the purpose of preventing evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this act (except to the extent authorized by the said contract):

      (1) The sale or offering for sale of such commodity in combination with any other commodity shall be deemed a violation of such resale price restriction, for which the remedies prescribed by section 2 of this act shall be available.

      Sec. 6.  No minimum resale price shall be established for any commodity, under any contract entered into pursuant to the provisions of this act, by any person other than the owner of the trade mark, brand or name used in connection with such commodity or by a distributor or agent specifically authorized to establish said price by the owner of such trade mark, brand or name.

      Sec. 7.  If any provisions of this act are declared unconstitutional, it is the intent of the legislature that the remaining portions thereof shall not be affected, but that such remaining portions remain in full force and effect.


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

ê1937 Statutes of Nevada, Page 89 (CHAPTER 48, AB 130)ê

 

      Sec. 8.  This act may be known and cited as the “Fair Trade Act.”

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

Short title

In effect

 

________

 

CHAPTER 49, AB 136

[Assembly Bill No. 136–Lyon County Delegation]

 

Chap. 49–An Act authorizing the county commissioners of the county of Lyon, State of Nevada, to issue bonds for the purpose of purchasing and acquiring road and highway construction and maintenance equipment, providing for the levy and collection of taxes upon the taxable property in the county for the payment thereof, and other matters relating thereto.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Lyon, State of Nevada, is hereby authorized and directed to prepare, issue, and sell negotiable coupon bonds of the county of Lyon for an amount not exceeding twenty-five thousand ($25,000) dollars, exclusive of interest, for the purpose of providing funds for the purpose of acquiring, purchasing and maintaining road and highway construction and maintenance equipment. Said bonds shall be known as “Lyon County Highway Equipment Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of five hundred ($500) dollars and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like lawful money at a rate not exceeding six per centum per annum, payable annually on the first day of January. They shall be redeemed and retired consecutively in the order of their respective numbers commencing with the first day of January of the second year following their issuance, and annually thereafter on the first day of January of each year until the whole of said bonds shall be redeemed or retired. In no case shall any bond run for a longer period than seven years from the date of issuance.

 

 

 

 

 

 

 

 

 

 

 

 

 

Lyon County commissioners to issue bonds for highway equipment

 

 

 

Description of bonds


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

ê1937 Statutes of Nevada, Page 90 (CHAPTER 49, AB 136)ê

 

 

 

 

Bonds sold to highest bidder at not less than par

 

 

Proceeds of bonds to go into fund

 

 

 

 

 

Special tax to redeem bonds

 

 

 

 

 

 

 

 

 

 

 

 

Tax to cease when bonds redeemed

for a longer period than seven years from the date of issuance. Said bonds shall be sold and issued as and when money is needed for the purpose herein set out; provided, that no bonds shall be sold at a date later than the first day of January 1939.

      Sec. 3.  The board of county commissioners is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 4.  The said board of county commissioners shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the “Lyon County Highway Equipment Fund” and who shall pay out the same for the purpose of paying for road and highway construction and maintenance equipment acquired under the provisions of this act in all respects as required for such payments by the board of county commissioners.

      Sec. 5.  To provide for the payment of said bonds and the interest thereon the board of county commissioners shall levy and collect annually annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of Lyon County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one and consecutively thereafter ten of said bonds annually, beginning with the first day of January of the second year after said bonds are issued, and on the first day of January of each year thereafter until all of said bonds have been redeemed or retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “Lyon County Highway Equipment Bond Interest Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest shall be a lien on all property subject to taxation within Lyon County.

      Sec. 6.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall by order of the board of county commissioners be transferred to the general fund of Lyon County.

      Sec. 7.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.


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

ê1937 Statutes of Nevada, Page 91 (CHAPTER 49, AB 136)ê

 

cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

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

Duties of treasurer on redemption of bonds

 

 

 

 

Faith of state pledged

 

 

 

In effect

 

________

 

CHAPTER 50, AB 138

[Assembly Bill No. 138–White Pine County Delegation]

 

Chap. 50–An Act fixing the compensation of county officers in White Pine County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county officers of White Pine County, State of Nevada, named in this act, shall receive the following compensation in full for all their services in such offices:

      Sec. 2.  The district attorney shall receive a salary of three thousand dollars per annum payable in equal monthly installments for all his services as such officer. He may have such deputy or deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, and at such time and for such time as they may direct. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.

      Sec. 3.  The county clerk shall receive a salary of three thousand dollars per annum in equal monthly installments for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, at a salary to be fixed by the county commissioners.

 

 

 

 

 

 

 

 

 

 

 

 

Salaries officers White Pine County

 

 

District attorney

 

 

 

 

 

 

 

 

County clerk

 


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

ê1937 Statutes of Nevada, Page 92 (CHAPTER 50, AB 138)ê

 

 

 

 

 

 

County treasurer

 

 

 

 

 

 

County recorder and auditor

 

 

 

 

 

 

 

 

County assessor

 

 

 

 

 

 

 

 

 

Sheriff

for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary, at a salary to be fixed by the county commissioners. Neither the county clerk nor his deputy shall receive any compensation other than as herein provided for the performance of his official duties.

      Sec. 4.  The county treasurer and ex officio tax collector shall receive a salary of three thousand dollars per annum, payable in equal monthly installments, for all his services in said office, and may be allowed one deputy, to be named by him if the board of county commissioners of said White Pine County by majority consent may deem such deputy necessary, at a salary to be fixed by the county commissioners. Neither the county treasurer nor his deputy shall receive any fees or compensation other than as herein provided for the performance of his official duties.

      Sec. 5.  The county recorder and auditor of said county shall receive a salary of three thousand dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of said White Pine County, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 6.  The county assessor of said county shall receive a salary of three thousand dollars per annum in equal monthly installments as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies, to be named by him as the board of county commissioners of said White Pine County, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.

      Sec. 7.  The sheriff of said county shall receive a salary of three thousand dollars per annum, payable in equal monthly installments, full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix.


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

ê1937 Statutes of Nevada, Page 93 (CHAPTER 50, AB 138)ê

 

and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada 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; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided, further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed twenty cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.

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

      Sec. 9.  This act shall become effective and be in full force from and after its passage and approval.

Sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 51, AB 83

[Assembly Bill No. 83–White Pine County Delegation]

 

Chap. 51–An Act to authorize the board of county commissioners of the county of White Pine to levy a special tax annually for the support of the White Pine County fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith.

 

[Approved March 8, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  On or before May 1, 1937, and annually thereafter, at the time provided for the levying of taxes by the county commissioners, the board of county commissioners of the county of White Pine is hereby authorized and empowered, for the purpose hereinafter set forth, to levy a special tax upon all of the property of White Pine County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of ten thousand ($10,000) dollars.

 


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

ê1937 Statutes of Nevada, Page 94 (CHAPTER 51, AB 83)ê

 

Special tax for White Pine County fair

 

 

 

Proceeds of tax to go into special fund

 

 

 

 

 

Claims against fund, how paid

 

 

 

 

 

 

 

 

 

White Pine County not liable for excess expenditures

 

Act automatically repealed, when

 

 

 

 

 

Funds to be used for one purpose only

the county commissioners, the board of county commissioners of the county of White Pine is hereby authorized and empowered, for the purpose hereinafter set forth, to levy a special tax upon all of the property of White Pine County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of ten thousand ($10,000) dollars.

      Sec. 2.  The proceeds derived from such special tax levy shall be placed in the treasury of the said county of White Pine in a special fund to be known as the White Pine County fair fund, and shall be used for the payment of premiums, exhibition awards, amusement and entertainment features, purchase of building material, equipment, salaries, payment of current expenses of the White Pine County fair, and for such other expenses as shall be approved by the board of directors of White Pine County agricultural district No. 6.

      Sec. 3.  All claims against said fund for premiums, exhibition awards, building material, amusement and entertainment features, equipment, salaries, expenses, etc., shall be approved by the said board of directors of White Pine County agricultural district No. 6, and, after such approval, shall be allowed and paid out of the fund hereby created as other county claims are allowed and paid; provided, however, that in the payment of the premiums, exhibition awards, and in the payment of other expenses each year, the said board of directors may submit a voucher or vouchers for aggregate sum or sums embracing groups of premiums, exhibition awards, or other expenses, which vouchers shall be supported by claims and awards approved, and shall be in favor of agricultural association district No. 6, and said premiums, claims and other items may then be paid by check as approved by the said board of directors.

      Sec. 4.  The county of White Pine shall never be liable for any claims against the fund hereby created in excess of the amount derived from the special tax herein provided for.

      Sec. 5.  In the event that said White Pine county fair is not held for a period of any two consecutive years, after the passage and approval of this act, said act shall be deemed automatically repealed and of no further force or effect, and all money remaining in said White Pine County fair fund shall thereupon revert to and become a part of the White Pine County general fund; provided, however, that in the event the said White Pine County fair is not held on account of some epidemic such as “Foot-and-Mouth Disease,” or some other unavoidable cause, the same shall not be deemed a failure to hold said fair.

      Sec. 6.  Any and all moneys now in the fund hereby created or which may hereafter come into said fund shall, so long as said board shall continue to hold said county fair, be under the exclusive management and control of said board of directors of White Pine County agricultural district No.


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

ê1937 Statutes of Nevada, Page 95 (CHAPTER 51, AB 83)ê

 

be under the exclusive management and control of said board of directors of White Pine County agricultural district No. 6; provided, however, such money shall be used only for White Pine County fair purposes by said board.

      Sec. 7.  All acts and parts of acts in conflict with this act are hereby repealed.

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

 

 

 

Repeal

In effect

 

________

 

CHAPTER 52, AB 124

[Assembly Bill No. 124–Nye County Delegation]

 

Chap. 52–An Act to fix the compensation of the members of the board of county commissioners of Nye County, Nevada, to authorize the appointment of one of their members to act as purchasing agent for Nye County and for the town of Tonopah, and to perform certain other designated duties, to fix compensation for such additional services, and other matters pertaining thereto, and to repeal all acts in conflict therewith.

 

[Approved March 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The members of the board of county commissioners of Nye County, Nevada, shall each receive the sum of seventy-five ($75) dollars per month as compensation for their services as county commissioners, and twenty ($20) dollars per month as compensation for their services on the board of county commissioners while acting as a governing board for the town of Tonopah.

      Sec. 2.  The board of county commissioners may designate one of its members to act as its agent and to perform the following duties: 1.  Act as purchasing agent for the county of Nye and for the town of Tonopah; 2.  To perform ministerial the work necessary in caring for the indigents of Nye County; 3.  To perform the necessary work required by law relative to social relief. The member so designated by said board shall receive for such services an added compensation of fifty-five ($55) dollars per month.

      Sec. 3.  No contract creating any debt or liability against the county of Nye or town of Tonopah, made by such agent, shall be binding or enforcible against the said county or town of Tonopah until the said contract has been ratified by the said board of county commissioners.

      Sec. 4.  Nothing in this act shall authorize the execution of any contract in violation of any statute now existing.

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

      Sec. 6.  This act shall take effect upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of county commissioners of Nye County

 

 

One member may be designated purchasing agent

 

 

 

 

All contracts must be ratified by board

 

 

Existing statutes govern

 

Repeal

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 96ê

CHAPTER 53, AB 141

 

 

 

 

 

 

 

 

 

 

 

 

 

Life of mortgage of personal property; exception

 

 

 

Repeal

 

In effect

[Assembly Bill No. 141–Mr. Kennett]

 

Chap. 53–An Act to amend an act entitled “An act to provide for the extinguishment of liens of mortgages of personal property or crops except as between the parties thereto,” approved March 27, 1935 (Stats. 1935, ch. 124).

 

[Approved March 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being Stats. 1935, 259, ch. 124, is hereby amended to read as follows:

      Section 1.  The lien of a mortgage of personal property or crops is extinguished, except as between the parties thereto, by a lapse of six years from the time such mortgage is executed; provided, however, that nothing herein shall be deemed to apply to any mortgage or other lien upon the personal property of any railroad or public utility, electrical, gas, water, telephone or telegraph corporation, given to secure the bonds thereof.

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

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

 

________

 

CHAPTER 54, AB 81

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of legislative officers on passage of bill or resolution

[Assembly Bill No. 81–Mr. Tandy]

 

Chap. 54–An Act to amend an act entitled “An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto,” approved January 27, 1915, as amended and approved February 24, 1931, and as further amended and approved March 13, 1935, chapter 43 Statutes of Nevada 1935.

 

[Approved March 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by inserting a new section following section 4, being section 7296 N. C. L. 1929, which said new section shall be designated as section 4a and which shall read as follows:

      Section 4a.  When any bill or resolution is passed by both houses, the chief clerk of the assembly or secretary of the senate shall immediately transmit the same to the chairman of the enrolling committee of such house to be enrolled, taking his receipt therefor, which receipt shall be in duplicate, the original to be retained by the secretary or clerk and the duplicate by such chairman.


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

ê1937 Statutes of Nevada, Page 97 (CHAPTER 54, AB 81)ê

 

duplicate by such chairman. Such receipt shall bear date of delivery, give the bill or resolution number, and a brief resume of the title. The fact that such bill or resolution was received by such chairman shall be noted on the back thereof, as a part of the history of such bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the governor, as prescribed in sections 5c and 5d hereof (in all cases where it is required to be so delivered), the fact of such delivery and the date thereof shall also be noted on the back, over the signature of the chairman of such committee, as a part of the history of such bill or resolution.

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

Date of delivery to be noted

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 55, AB 183

[Assembly Bill No. 183–Mr. Lynch]

 

Chap. 55–An Act to establish commissioner districts in the county of Storey and providing for the election of members of the board of county commissioners thereof.

 

[Approved March 9, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Within ninety days after the passage and approval of this act, the board of county commissioners of Storey county shall divide said county into two commissioner districts, with the following boundaries for each commissioner district:

      (a) All that portion of Storey county north of the south boundary line of the town of Virginia City, as the same is laid down and described on the official maps on file in the county recorder’s office in Storey County, Nevada, shall be known as commissioner district No. 1.

      (b) All the remaining portion of Storey County lying south of the southern boundary line of Virginia City, as described in subdivision (a) of this section, shall be known as commissioner district No. 2.

      Sec. 2.  At the general election 1938 and at each general election thereafter there shall be elected in district two a commissioner who shall serve for two years. At the general election 1938 and at each general election thereafter there shall be elected in district one a commissioner who shall serve for four years.

      Sec. 3.  The board of county commissioners of said Storey County shall establish election precincts within such county in such manner that each and every election precinct shall be wholly within some one of said commissioner districts.

 

 

 

 

 

 

 

 

 

 

 

Commissioner districts established in Storey County

District No. 1

 

 

 

District No. 2

 

 

Commissioners, how elected

 

 

Election precincts established


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

ê1937 Statutes of Nevada, Page 98 (CHAPTER 55, AB 183)ê

 

Candidates to be qualified electors of respective districts

Repeal

In effect

      Sec. 4.  Candidates for the office of county commissioner for the respective districts shall be qualified electors and residents of the districts for which they are candidates.

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

      Sec. 6.  This act shall take effect immediately upon its passage and approval.

 

________

 

CHAPTER 56, SB 28

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of control to sell building located at Las Vegas

 

 

 

In effect

[Senate Bill No. 28–Senator Ryan]

 

Chap. 56–An Act authorizing the state board of control to sell a building situate in Las Vegas at a public or private sale; and other matters relating thereto.

 

[Approved March 10, 1937]

 

      Whereas, During the construction of the Boulder dam, the Six Companies erected a frame building in the city of Las Vegas for use as an employment office, on ground not the property of said company; and

      Whereas, Upon the completion of the said dam and on the 22d day of June 1935, the Six Companies by gift transferred all right in and title to said building to the State of Nevada; and

      Whereas, The said building now stands upon privately owned ground in the city of Las Vegas and must be removed therefrom at an early date; and

      Whereas, The State of Nevada owns no suitable ground in such city upon which to place said building; and

      Whereas, The cost of acquiring suitable ground and of removing said building is and will be far greater than the value of the building; therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of control is hereby authorized and empowered to sell for cash, at a public or private sale, with or without published notice, as said board shall direct, that certain frame building now situate on lot 23, in block 19, Clark’s Las Vegas townsite, city of Las Vegas, and deliver to the purchaser thereof a proper bill of sale conveying the state’s title in and to said building. The said board shall cause the money received for said building to be placed in the state employment service fund.

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 99ê

CHAPTER 57, AB 194

[Assembly Bill No. 194–Mr. Thruston]

 

Chap. 57–An Act to provide for the service of process upon nonresidents in actions or proceedings against such nonresidents growing out of any accident or collision in which such nonresidents may be involved while operating a motor vehicle upon the public highways of this state.

 

[Approved March 10, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The acceptance by a nonresident of the State of Nevada of the rights and privileges conferred by the laws of the State of Nevada upon nonresidents in the operation of motor vehicles upon the public highways of the State of Nevada, as evidenced by his operating a motor vehicle thereunder, or the operation by a nonresident of a motor vehicle upon a public highway in the State of Nevada other than under said laws, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the State of Nevada, or his successor in office, to be his true lawful attorney upon whom may be served all lawful processes in any action or proceeding against him, growing out of any accident or collision in which said nonresident may be involved while operating a motor vehicle on such a public highway, and said acceptance or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and effect as if served on him personally within the State of Nevada. Service of such process shall be made by leaving a copy of the process with a fee of two dollars ($2) in the hands of the secretary of state, or in his office, and such service shall be sufficient service upon the said nonresident; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff to the defendant, and the defendant’s return receipt and the plaintiff’s affidavit of compliance herewith are appended to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon said defendant wherever found outside of this state, by any person qualified to serve like process in the State of Nevada, shall be the equivalent of said mailing, and that said personal service may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

 

 

 

 

 

 

 

 

 

 

 

 

Secretary of state made agent of nonresident motor vehicle operators for service of process

 

 

 

 

 

 

 

 

Fee for service of process

 

Notice of service to be mailed to defendant

 

 

 

 

 

Court to grant defendant time to defend action


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

ê1937 Statutes of Nevada, Page 100 (CHAPTER 57, AB 194)ê

 

Fee paid to be taxed as costs, when

 

 

Provisions of act not exclusive

 

 

Repeal

 

In effect

      Sec. 2.  The fee of two dollars ($2) paid by the plaintiff to the secretary of state at the time of the service shall be taxed in his costs if he prevails in the suit. The secretary of state shall keep a record of all such processes, which shall show the day and hour of service.

      Sec. 3.  The foregoing provisions with reference to the service of process upon such a nonresident shall not be deemed exclusive, but if said nonresident is found within the State of Nevada he may be served with process in the State of Nevada in the manner and form as is now provided by law.

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

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

 

________

 

CHAPTER 58, AB 230

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation of $175,000 for old-age assistance

 

Board of examiners to issue bonds

[Assembly Bill No. 230–Committee on Labor]

 

Chap. 58–An Act authorizing and directing the board of examiners to issue and sell bonds in the name of the State of Nevada to provide money for the establishment of a “State Old-Age Assistance Fund,” for the purpose of paying the state’s proportion of old-age assistance in cooperation with the government of the United States of America and the counties of the State of Nevada; providing for a tax for the redemption of such bonds and all other matters relating thereto.

 

[Approved March 10, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing money to be used in paying the state’s proportion of old-age assistance, in conjunction with the United States of America and the counties of the State of Nevada, a loan of $175,000 is hereby authorized to be negotiated upon the faith and credit of the State of Nevada.

      Sec. 2.  The board of examiners is hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of $175,000. Such bonds shall be in denominations of $1,000 each, payable in lawful money of the United States of America, and shall be numbered serially and when retired shall be retired in the order of issuance. Said bonds shall be signed by the governor and endorsed by the state treasurer and countersigned by the state controller and authenticated by the great seal of the State of Nevada. Said bonds shall bear interest at the rate of three (3%) percent per annum payable semiannually on January 1 and July 1 and shall be redeemed within twenty (20) years from the date of issuance, and at least four (4) of said bonds shall be redeemed at each interest-bearing period beginning with July 1, 1938.


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

ê1937 Statutes of Nevada, Page 101 (CHAPTER 58, AB 230)ê

 

January 1 and July 1 and shall be redeemed within twenty (20) years from the date of issuance, and at least four (4) of said bonds shall be redeemed at each interest-bearing period beginning with July 1, 1938. Bonds issued hereunder are callable at any time at par, plus accrued interest.

      Sec. 3.  The said bonds issued under the provisions of this act shall be sold by the state board of examiners for the purposes designated in this act and shall be sold to and purchased by the State of Nevada. The state board of finance is hereby authorized to purchase said bonds, or such portion thereof as may be issued, with money available for investment from any fund under their control. The said bonds shall be issued and sold by the state board of examiners at such times and in such amounts as may be found necessary by the said board of examiners to provide sufficient money in the “State Old-Age Assistance Fund” to pay the state’s proportion of old-age assistance in conjunction with the United States of America and the counties of the State of Nevada.

      Sec. 4.  The proceeds of said bonds so issued and sold by the state board of examiners shall be placed in a fund known as and designated as “State Old-Age Assistance Fund” created under the provisions of the “Nevada Old-Age Assistance Act,” chapter ………. 1937 Statutes of Nevada, page ……….., said act being introduced as senate bill No. 56. The bonds herein authorized to be issued and sold by the state board of examiners shall be so issued and sold for the purpose of providing moneys whereby the State of Nevada may pay its proportionate share of old-age assistance and administrative expenses under the “Nevada Old-Age Assistance Act” of 1937 between the effective date of said last-mentioned act and such time when sufficient money becomes available for such purposes by means of a state tax levy.

      Sec. 5.  For the purpose of creating a fund for the payment of bonds authorized and issued in pursuance of this act and the interest thereon, there shall be annually levied an ad valorem tax on all taxable property, real and personal, in the State of Nevada, including the net proceeds of mines, in a sufficient sum to pay the interest due on said bonds and to redeem not less than the minimum number of said bonds as required by this act to be redeemed on each interest-bearing date. All moneys derived from said tax shall be paid into a fund which is hereby created and to be known as the “State Old-Age Assistance Bond Interest and Redemption Fund” which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected.

 

 

 

 

Bonds to be sold to State of Nevada

 

 

 

 

 

 

 

“State old-age assistance fund” created

 

 

 

 

 

 

 

 

Ad valorem tax to pay bond issue


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

ê1937 Statutes of Nevada, Page 102 (CHAPTER 58, AB 230)ê

 

Faith of state pledged

 

 

 

In effect

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

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

 

________

 

CHAPTER 59, AB 155

 

 

 

 

 

 

 

 

 

 

 

 

 

Kidnaping felony; punishment

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 155–Mr. Goodwin]

 

Chap. 59–An Act to amend an act entitled “An act defining kidnaping, establishing different degrees thereof, providing penalties therefor, and other matters properly connected therewith,” approved March 21, 1935.

 

[Approved March 11, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 75 Statutes of Nevada 1935, page 171, is hereby amended to read as follows:

      Section 1.  Every person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, or carries away any individual by any means whatsoever with intent to hold or detain, or who holds or detains such individual for ransom, reward, or to commit extortion or robbery, or to exact from relatives or friends of such person any money or valuable thing, or who aids or abets any such act, and every person who leads, takes, entices away or detains a minor with intent to keep or confine it from its parents or guardians or other person having lawful guide or control thereof, or with intent to steal any article about and on the person of the minor, is guilty of a felony and upon conviction thereof shall suffer death or shall be punished by imprisonment in the state prison for life, at the discretion of the jury trying the same, in any case in which the person or persons subjected to such kidnaping suffers or suffer bodily harm; or shall be punished by imprisonment in the state prison for life in cases where such person or persons do not suffer bodily harm.

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

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

 

________

 

 


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ê1937 Statutes of Nevada, Page 103ê

CHAPTER 60, AB 177

[Assembly Bill No. 177–Mr. Smith]

 

Chap. 60–An Act to amend section 126 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and adding thereto another section to be known as section 126 1/2.

 

[Approved March 11, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 126 of the above-entitled act, being section 10073 of the Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 126.  Every person convicted of the crime of voluntary manslaughter shall be punished by imprisonment in the state prison for a term not exceeding ten years.

      Sec. 2.  There is hereby inserted after section 126 of the above-entitled act, being section 10073 N. C. L. 1929, a new section, to be designated as section 126 1/2, which said section shall read as follows:

      Section 126 1/2.  Every person convicted of involuntary manslaughter shall be punished by imprisonment in the state prison for a term not less than one year and not to exceed five years, or by imprisonment in the county jail for a term not to exceed one year, or by fine not to exceed one thousand dollars, or both such fine and jail imprisonment. If imprisonment in the county jail, or fine, or both, shall be prescribed for the punishment of involuntary manslaughter, said crime shall for all purposes be deemed a gross misdemeanor.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Manslaughter, punishment

 

 

 

 

Punishment for involuntary manslaughter

 

When gross misdemeanor

 

In effect

 

________

 

CHAPTER 61, AB 40

[Assembly Bill No. 40–Messrs. Gray and Shelly]

 

Chap. 61–An Act to amend an act entitled “An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended.

 

[Approved March 11, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 19 of the certain act of the legislature of the State of Nevada entitled “An act to incorporate the town of Sparks, in Washoe County, and defining boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended, is hereby subdivided into eleven independent sections, which said sections shall be designated as sections 19, 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, 19i, 19j; which said sections shall read as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Charter of Sparks amended


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

ê1937 Statutes of Nevada, Page 104 (CHAPTER 61, AB 40)ê

 

 

 

 

 

 

 

Powers of city council

 

Meetings

 

To pass ordinances, etc.

 

 

 

Annual tax

 

 

To control city property, proviso

 

 

 

Public streets, bridges, sewers, sidewalks, etc.

thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended, is hereby subdivided into eleven independent sections, which said sections shall be designated as sections 19, 19a, 19b, 19c, 19d, 19e, 19f, 19g, 19h, 19i, 19j; which said sections shall read as follows:

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

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

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

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

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

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

      Sec. 2.  Section 19a as it appears in said act is hereby amended to read as follows:

      Section 19a.  The city council, among other things, shall have the power: To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or otherwise improving same; also, to provide by ordinance for the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts.


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

ê1937 Statutes of Nevada, Page 105 (CHAPTER 61, AB 40)ê

 

the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any street, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement.

      When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any street or alley, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvement, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

      When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city officers, enginehouses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed.

City may be divided into districts

 

 

 

 

 

 

 

 

Special assessments to pay costs


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

ê1937 Statutes of Nevada, Page 106 (CHAPTER 61, AB 40)ê

 

Manner of levying assessment; exception

 

 

 

 

 

 

 

 

 

 

Ordinance declaring special assessment

 

 

 

 

 

 

 

 

 

 

 

 

General terms to be used

 

 

 

Estimates of cost to be made

and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city officers, enginehouses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the streets funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state, with a definite location of the improvements to be made.

      It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each post office of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.


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

ê1937 Statutes of Nevada, Page 107 (CHAPTER 61, AB 40)ê

 

thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each post office of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of three-fifths of all members elected to the city council.

      In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may, at their option, refer the same to the city assessor and have the same assessed against such property. The costs and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty percent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement.

 

 

Notice by publication

 

 

 

 

 

 

 

Other assessments may be levied

 

 

 

 

What costs shall include

 

 

Costs limited

 

 

 

 

 

 

 

Notice must be given

 

 

 

 

Pro rata assessments


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

ê1937 Statutes of Nevada, Page 108 (CHAPTER 61, AB 40)ê

 

Pro rata assessments

 

 

 

 

 

 

 

 

 

 

 

 

Assessment valid against property

 

 

 

 

 

 

Frontage assessment

 

 

 

 

 

 

Assessment according to benefits

shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of persons, if known, chargeable with the assessment thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not, for any cause, be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases.

      If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for the assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, City of Sparks, ss. To the city council of the city of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e.


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

ê1937 Statutes of Nevada, Page 109 (CHAPTER 61, AB 40)ê

 

of the city of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving B street from First street to Fifteenth street in said city, as the case may be), (or constructing a sewer on C street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

                Dated, Sparks, Nevada, ..................................... , A. D. 19……

                                                ............................................... City Assessor.

 

      When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect a special assessment against the same, and not being of that class of special assessment required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall prescribe. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.

      The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.

      Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council.

Form of certificate

 

 

 

 

 

 

 

 

 

 

 

 

Special assessment for single lot or parcel of land

 

 

 

 

 

 

 

 

 

 

City council to determine expense

 

 

 

 

Assessor to make special assessment roll


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

ê1937 Statutes of Nevada, Page 110 (CHAPTER 61, AB 40)ê

 

 

Assessment roll to be filed with city clerk

 

 

 

 

 

 

 

 

Form of notice of special assessment

 

 

 

 

 

 

 

 

 

 

 

City council and assessor to review assessment

each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

      To (insert the name of the person against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e. g., paving B street to Fifteenth street in said city), (or constructing a sewer on C street between First street and Fifteenth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Sparks will meet in the council room in said city on (insert the date fixed upon), to review said assessment at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.

      Dated ............................. .   ................................................ City Clerk.

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessment which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council the ……….


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

ê1937 Statutes of Nevada, Page 111 (CHAPTER 61, AB 40)ê

 

city council the ………. day of ……………….. (month), 19………. (affixing the time).

      Dated ............................. .   .............................................. City Clerk.”

      Sec. 3.  Section 19b as it appears in said act is hereby amended to read as follows:

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

      When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a three-fifths vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments shall be collected yearly, or the entire amount thereof may be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Sparks in the same manner as any other action for money owed the city of Sparks; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

 

 

 

 

 

Duties of officers when assessment roll confirmed

 

 

 

 

 

 

 

 

 

 

 

Special assessments lien

 

 

 

 

 

 

Special assessments, when due


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

ê1937 Statutes of Nevada, Page 112 (CHAPTER 61, AB 40)ê

 

 

 

Assessments apportioned if lots or lands divided

 

 

 

Deficiency to be paid from general fund

 

 

 

Invalid assessment; duties of city council

 

 

 

 

 

 

Sums paid to be applied on reassessment

 

 

Lien not impaired

 

 

 

City council to determine manner of payment of assessments

held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or land shall be according to such subdivisions.

      Should any special assessment prove insufficient to pay for the improvements or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have the power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessments in this act.

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.


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

ê1937 Statutes of Nevada, Page 113 (CHAPTER 61, AB 40)ê

 

at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Sparks from collecting any special assessment by suit in the name of the city of Sparks in the manner in this section before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The city council of the city of Sparks is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a three-fifths vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

City council to determine manner of payment of assessments

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

Irregularity not bar to payment

 

 

 

 

City council may amend special assessment


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

ê1937 Statutes of Nevada, Page 114 (CHAPTER 61, AB 40)ê

 

 

 

New districts may be created

 

 

May issue general bonds

 

Powers of council construed

 

 

 

Fire department

 

Regulating combustibles

 

Nuisances

 

 

 

Public health

 

 

 

 

 

 

 

 

 

Quarantine

the said special assessment roll and shall constitute conclusive authority for the change so made. The city council shall have the power, by resolution and ordinance, as provided in sections 54 and 55 of this charter to create districts within the city, similar to special assessment districts, and to issue bonds secured by the property within such designated districts, to defray the costs of public improvements that may be placed therein, such as curbs, gutters, sidewalks, paving of streets, or other like public works. Such bonds may be issued as are other general city bonds. The city council shall also have the power to issue general bonds for the erection of needed public buildings, such as a city hall, enginehouses for the fire department, and the like.

      In construing powers of section 19a and 19b, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Sec. 4.  Section 19c as it appears in said act is hereby amended to read as follows:

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

      First-To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosives or combustibles or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held or kept.

      Second-To determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the parties creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same.

      Third-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed.

      Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof.


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

ê1937 Statutes of Nevada, Page 115 (CHAPTER 61, AB 40)ê

 

to enforce the same by providing adequate penalties for violations thereof.

      The council may erect or otherwise acquire a pesthouse, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporarily pesthouse or houses in the case of emergency or epidemics.

      The council may by ordinance prescribe a salary for the health officer, but such salary, when fixed, shall not be changed so as to increase the same oftener than once every four years, except temporarily during the period of an emergency caused by dangerous epidemic or the like.

      Fourth-To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, and vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements; to fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters, barrooms, lodging houses, accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers; livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers.

      To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.

      To fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise.

 

Pesthouse

 

 

 

Salary of health officer

 

 

 

Licensing and regulating various trades, callings and business


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

ê1937 Statutes of Nevada, Page 116 (CHAPTER 61, AB 40)ê

 

Licensing and regulating various trades, callings and business

such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any, and all kinds, trades and traders, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, including fire, life, or accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horse-shoeing shops, tailor and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue or balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, agent or solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, drygoods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association, or corporation thus licensed and on a pro rata basis.

      Sec. 5.  Section 19d as it appears in said act is hereby amended to read as follows:


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

ê1937 Statutes of Nevada, Page 117 (CHAPTER 61, AB 40)ê

 

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

      First-The city council shall have the power to fix, impose, and collect an annual per capita tax on all dogs and cats and to provide for the destruction of all dogs and cats upon which said tax shall not have been paid; to fix, impose, and collect a license tax on, and regulate hacks, hackney coaches, cabs, omnibuses, and all other vehicles used for hire, and to regulate the stand of all hacks, hackney coaches, cabs, omnibuses, jitney busses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business.

      Second-To prevent any, and restrain any, riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same.

      Third-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed.

      Fourth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.

      Fifth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railroad companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the council be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.

      Sixth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof.

      Seventh-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the time for, manner of, and terms for which the same shall be issued.

      Eighth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers or other persons having the care or the custody of any city moneys or property, and to determine the fee or salaries of such office or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter, by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.

 

Dog tax

 

 

Vehicles

 

 

 

 

 

Riots

 

Chain gang

 

 

 

City elections

 

 

Regulating speed of vehicles

 

 

 

 

 

To examine financial records

 

 

Issuance of licenses

 

 

To make appropriations, contracts, etc.


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

ê1937 Statutes of Nevada, Page 118 (CHAPTER 61, AB 40)ê

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

To control cemeteries

 

 

Fire limits, etc.

 

 

 

 

Registration of city voters

 

 

 

 

 

City prison

 

Animals at large

 

 

 

Steam boilers, poles, wires, etc.

such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter, by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.

      Sec. 6.  Section 19e as it appears in said act is hereby amended to read as follows:

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

      First-To control, enlarge, or abolish cemeteries, and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.

      Second-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe, or prohibit awnings, porches, signs, placards, or billboards over sidewalks or across streets, and to regulate the same throughout the city.

      Third-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every four years before the police judge and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.

      Fourth-To provide and maintain a city prison and to provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

      Fifth-To prevent or regulate the running at large within the city, of any poultry, hogs, sheep, goats, swine, horses, cows or other animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fowls found running at large.

      Sixth-To regulate or prohibit the use of stream boilers; the location of telegraph, telephone, electric-light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.


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

ê1937 Statutes of Nevada, Page 119 (CHAPTER 61, AB 40)ê

 

poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Sec. 7.  Section 19f as it appears in said act is hereby amended to read as follows:

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

      First-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings, to place in or upon same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stove pipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.

      Second-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.

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

      Fourth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of at least two feet upon each side of the tracks.

      Fifth-To require, upon such notice as the council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

 

 

 

 

 

Unsafe buildings

 

Sewers

 

 

Fire escapes

 

Fire precautions

 

 

 

Nuisances

 

Public halls, etc.

 

 

 

Pipe lines, wires, etc.

 

 

 

 

 

Railways to repair streets

 

To abate nuisances


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

ê1937 Statutes of Nevada, Page 120 (CHAPTER 61, AB 40)ê

 

 

 

 

 

 

 

 

Weights and measures

 

 

 

 

 

 

 

To punish vagrancy, drunkenness, prostitution, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To regulate water, light, and telephone charges

for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

      Sec. 8.  Section 19g as it appears in said act is hereby amended to read as follows:

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

      First-To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Second-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.

      Sec. 9.  Section 19h as it appears in said act is hereby amended to read as follows:

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

      First-To regulate the sale and use of water, gas, electric, and other lights in the city; to fix and determine the price thereof, as well as the rental price of all water, and gas, and electric-light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city.


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

ê1937 Statutes of Nevada, Page 121 (CHAPTER 61, AB 40)ê

 

telephones, telephone service, and connections within the city.

      Second-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in sanitary condition.

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

      Fourth-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      Fifth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      Sixth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive.

      Sec. 10.  Section 19i as it appears in said act is hereby amended to read as follows:

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

      First-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvement which benefits such property or owner thereof.

      Second-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

 

Lodging-houses

 

 

To protect public health, life, comfort and property

 

 

 

 

 

 

 

To employ competent supervisor; salary

 

 

 

 

Fines for violation of city laws

 

 

Official bonds

 

 

 

 

To maintain all suits at law


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

ê1937 Statutes of Nevada, Page 122 (CHAPTER 61, AB 40)ê

 

To manage all city property

 

 

 

 

Condemnation for public use

 

Special provisions as to property of C. P. and S. P. R. R.

 

 

Description of railroad property

and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

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

      Fourth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to wit:

      Commencing at a point which is the section corner common to sections Nos. 4, 5, 8, 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 25, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks; parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No.


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

ê1937 Statutes of Nevada, Page 123 (CHAPTER 61, AB 40)ê

 

a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one half of the northeast quarter of said section No. 8; thence east along the south boundary of the said north one half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; then southeasterly parallel with said center line and distant at right angles fifty feet therefrom a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130 plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence, northerly and parallel with the east line of said northwest quarter of section No. 9, four hundred and ninety five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M. D. M. thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian.

      Sec. 11.  Section 19j as it appears in said act is hereby amended to read as follows:

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

      To provide, by ordinance, for a pension fund and for the payment of pensions to employees of the city of Sparks who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall in said ordinance creating said fund, set aside annually not to exceed one percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purposes may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank in the city of Sparks.

Description of railroad property


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

ê1937 Statutes of Nevada, Page 124 (CHAPTER 61, AB 40)ê

 

To provide pension fund for employees

 

 

 

 

 

 

Repeal

 

In effect

payment of pensions to employees of the city of Sparks who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall in said ordinance creating said fund, set aside annually not to exceed one percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purposes may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank in the city of Sparks.

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

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

 

________

 

CHAPTER 62, SB 112

 

 

 

 

 

 

 

 

 

Additional legislative fund created

 

 

 

 

Duties of controller and treasurer

 

 

 

Surplus to revert

 

In effect

[Senate Bill No. 112–Senator Winters]

 

Chap. 62–An Act to create an additional legislative fund.

 

[Approved March 12, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, an additional sum of fourteen thousand dollars ($14,000) which shall constitute an additional legislative fund.

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

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 125ê

CHAPTER 63, AB 109

[Assembly Bill No. 109–Mr. Bugbee]

 

Chap. 63–An Act to amend an act entitled “An act in relation to public highways,” approved March 9, 1866, as amended.

 

[Approved March 12, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being section 5394 of the Compiled Laws of the State of Nevada, as amended, is hereby amended to read as follows:

      Section 3.  (5394 N. C. L. 1929.)  To provide funds for paying the expenses of such road work the several boards of county commissioners in the state shall from time to time, upon the request of the city council, apportion to each incorporated city within the respective counties such proportion of the general road fund of the county as the value of the whole property within the corporate limits of such city or cities, as shown by the last assessment roll, shall bear to the whole property in the county, inclusive of property within the incorporated cities, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of such city or cities under the direction and control of the council; provided, however, that the apportionment of moneys to cities as herein provided shall not exceed an amount greater than ten percent of the total amount levied and collected for general road purposes within the county, exclusive of the county-state highway fund, and funds for the payment of the principal and interest of bonds for road and street purposes.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Counties to aid cities in road work

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 126ê

CHAPTER 64, AB 208

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal act accepted by state

 

 

Highway department authorized to enter into contracts with federal government

 

 

 

 

 

 

Faith of state pledged to provide certain funds

 

 

 

 

 

Act supplemental to prior act

[Assembly Bill No. 208–Committee on Roads and Highways]

 

Chap. 64–An Act to authorize the state department of highways to construct, equip, and maintain a system of secondary or feeder roads within the state under and in pursuance of the act of Congress of the United States entitled “An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes,” approved July 11, 1916, as amended and supplemented, and to supplement that certain act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended, and other matters relating thereto.

 

[Approved March 12, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada hereby accepts and assents to the provisions of the act of Congress of the United States entitled “An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes,” approved July 11, 1916, as amended and supplemented. The highway department of the state is hereby authorized to enter into all contracts and agreements with the United States government, relating to the survey, preparation of plans, construction and maintenance of secondary or feeder roads under the provisions of said act of Congress and the rules and regulations of the secretary of agriculture of the United States promulgated thereunder; to submit such scheme or program of construction and maintenance as may be required by said secretary, and to do all other things necessary fully to carry out the cooperation contemplated and provided for by the said act in the construction and maintenance of such secondary or feeder roads, including farm-to-market, mine-to-market, rural free delivery, public school bus, and other rural roads, approved by the United States bureau of public roads.

      Sec. 2.  For the construction and maintenance of such secondary or feeder roads under the said act, the good faith of the state is hereby pledged to make available out of state highway funds sufficient money to participate in the proportion designated in said act the sums apportioned to the state by or under the United States government. The state highway fund and the moneys collected therefor shall be available and shall be used for the purpose of constructing, equipping, and maintaining such secondary or feeder roads.

      Sec. 3.  This act shall be and hereby is made supplementary to that certain act of the legislature of the State of Nevada, approved March 23, 1917, entitled “An act to provide a general highway law for the State of Nevada,” as amended.


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

ê1937 Statutes of Nevada, Page 127 (CHAPTER 64, AB 208)ê

 

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

In effect

 

________

 

CHAPTER 65, AB 250

[Assembly Bill No. 250–Mr. Bunce]

 

Chap. 65–An Act to amend sections 63 and 64 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved March 12, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 63 of the above-entitled act, being section 5711 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 63.  On the second Saturday after the occurrence of any vacancy or vacancies in any board of school trustees, an election may be held to elect a trustee or trustees for the remainder of the unexpired term or terms. Such elections shall be conducted in accordance with the law now in effect for the election of public school trustees; provided, that the remaining members or member of the board may serve as a full board for the purpose of making all required preliminary arrangements for conducting said election to fill said vacancies.

      Sec. 2.  Section 64 of the above-entitled act, being section 5712 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 64.  The superintendent of public instruction shall have power to fill all vacancies occurring on county boards of education; the deputy superintendent of public instruction shall have power to fill all vacancies on boards of school trustees other than the county boards of education. The term of office of any trustee appointed by the deputy superintendent or any member of a county board of education appointed by the superintendent shall not extend beyond the third Saturday in March following the next regular school election; provided, that in any district in which there shall not be any suitable person or persons to act as trustees therein, the superintendent or the deputy superintendent shall appoint members of the board of county commissioners of the county in which such district may be situated, as and for the board of trustees in such district, and when so appointed the said county commissioners shall have all the powers and duties of school trustees in relation thereto now conferred by law upon school trustees. The superintendent and the deputy superintendents may remove from office any school trustee whom he or they have appointed, by serving written notice on such school trustee at least two weeks before the date of removal, stating the reason or reasons for such removal.

 

 

 

 

 

 

 

 

 

 

 

 

 

Vacancies in boards of trustees; how filled

 

 

 

 

 

 

 

Vacancies; how filled

 

 

Terms of office


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

ê1937 Statutes of Nevada, Page 128 (CHAPTER 65, AB 250)ê

 

Appointee may be removed from office

 

 

 

Election to fill vacancy

 

 

 

Repeal

 

In effect

school trustee whom he or they have appointed, by serving written notice on such school trustee at least two weeks before the date of removal, stating the reason or reasons for such removal. He shall also send a copy of such written notice to each of the other trustees of the school district. On the second Saturday after the occurrence of any vacancy caused by the removal of any trustee by the superintendent or deputy superintendent, as provided in this section, an election may be held to elect a trustee for the remainder of the unexpired term. Nothing in this section shall be construed to affect the methods of appointing trustees or members of boards of education in such districts as are organized and operating under special legislation.

      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.

 

________

 

CHAPTER 66, AB 176

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mortgage not to affect right to maintain counterclaim

 

 

 

Repeal

 

In effect

[Assembly Bill No. 176–Mr. Smith]

 

Chap. 66–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, by adding thereto a new section to be numbered 105 1/2, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 12, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by inserting after section 105, being section 8603 N. C. L. 1929, a new section to be known as section 105 1/2, which said section shall read as follows:

      Section 105 1/2.  The right to maintain a counterclaim mentioned in section 104 of this act shall not be affected by the fact that either plaintiff’s or defendant’s claim is secured by mortgage, or otherwise, nor by the fact that the action is brought, or the counterclaim maintained, for the foreclosure of such security; provided, the court may, in its discretion, order the counterclaim to be tried separately from the claim of the plaintiff.

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

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 129ê

CHAPTER 67, SB 56

[Senate Bill No. 56–Senator Cobb]

 

Chap. 67–An Act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto.

 

[Approved March 15, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definitions.  As used in this act: “State Department” means the state welfare department created by the state welfare act entitled “An act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto.”

      “State Board” means the state board of relief, work planning and pension control of this state, as created by chapter 138, 1935 Statutes of Nevada, pages 301-304, both inclusive; designated under the state welfare act as the board of said state department.

      “Secretary” means the secretary of said state board.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions


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

ê1937 Statutes of Nevada, Page 130 (CHAPTER 67, SB 56)ê

 

Definitions

 

 

 

 

 

 

Eligibility for assistance to the needy aged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount of assistance and measure of need

      “County Board” means the board of county commissioners of a county.

      “Social Security Act” means the act of Congress approved August 14, 1935, and compiled as United States code, title 42, section 301, and certain sections following that section.

      “Applicant” means any person who has applied for assistance under this act.

      “Recipient” means any person who has received and is still receiving assistance.

      “Assistance” means money payments to aged persons in need.

      Sec. 2.  Eligibility for Assistance to the Needy Aged.  Assistance shall be granted under this act to any person who has all of the following qualifications combined at the time of the making of application therefor:

      (a) Is 65 years of age or older;

      (b) Is a resident of the State of Nevada who has actually resided in this state for a period of five years or more during the nine years immediately preceding the making of the application for such assistance, the last one year of which shall have been continuous and immediately preceding the making of such application;

      (c) Is a citizen of the United States of America;

      (d) Is in need of financial or other assistance as provided for in this act, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this act;

      (e) Is not an inmate of or being maintained by any municipal, county, state, federal or other public institution at the time of receiving any such assistance; provided, such an inmate may, however, make application for such assistance, but the same, if granted, shall not begin until after he or she ceases to be such an inmate;

      (f) Has not, at any time within three years immediately prior to the filing of application for assistance, pursuant to the terms of this act, made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself or herself eligible for assistance under this act.

      Sec. 3.  Amount of Assistance and Measure of Need.  The amount of the old-age assistance which any person shall receive under the provisions of this act shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his or her needs and health. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this act, including all income from every source, both private, public, charitable and otherwise, is hereby determined and designated as not less than $30 per month; and, in determining the amount of assistance for each such person, the county board and the state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $30 per month.


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

ê1937 Statutes of Nevada, Page 131 (CHAPTER 67, SB 56)ê

 

assistance, pursuant to the provisions of this act, including all income from every source, both private, public, charitable and otherwise, is hereby determined and designated as not less than $30 per month; and, in determining the amount of assistance for each such person, the county board and the state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $30 per month.

      Sec. 4.  Duties of State Department.  The state department shall:

      (a) Supervise and cooperate with the county boards in the administration of assistance to the needy aged under this act;

      (b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this act. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county boards;

      (c) Establish minimum standards for personnel employed by the state department and county boards in the administration of this act and make necessary rules and regulations to maintain such standards;

      (d) Prescribe the form of and cause the respective county boards to print and supply such forms as said state department may deem necessary and advisable and may direct for use in each county;

      (e) Cooperate with the federal government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance;

      (f) Make such reports, in such form and containing such information, as the federal government may from time to time require, and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;

      (g) Publish an annual report to the governor of the State of Nevada, not later than four months after the close of each fiscal year, showing, for such year, the total amount paid under this act, the total number of persons assisted, and such other particulars as may be deemed advisable by said state board or as may be required by the governor of this state or by the federal government.

      (h) Submit to the governor of the State of Nevada on or before the 31st day of December of each even-numbered year for use in preparing his legislative budget for the next ensuing legislature of this state, and at such other times as he may direct, itemized budgets or estimates, and other information, in such form and detail as he may request.

 

 

 

 

 

 

Duties of state department


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

ê1937 Statutes of Nevada, Page 132 (CHAPTER 67, SB 56)ê

 

Duties of the county boards

 

 

 

 

Application for assistance

 

 

 

 

 

Investigation of application

 

 

 

 

Granting of assistance

 

 

 

 

 

 

 

Assistance not assignable

 

 

Appeal to the state department

      Sec. 5.  Duties of the County Boards.  The county boards shall:

      (a) Cooperate with the state department in the administration of the provisions of this act in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this act;

      (b) Report to the state department at such times and in such manner and form as the state department may from time to time direct.

      Sec. 6.  Application for Assistance.  Application for assistance under this act shall be made to the county board of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the state department.

      Sec. 7.  Investigation of Application.  Whenever a county board receives an application for assistance under this act, such application shall be promptly referred to the state department. An investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the state department.

      Sec. 8.  Granting of Assistance.  Upon the completion of such investigation the state department shall promptly report its findings and recommendations to the county board. The county board shall decide whether the applicant is eligible for assistance under the provisions of this act, and determine in accordance with the rules and regulations of the state department the amount of such assistance and the date on which such assistance shall begin. The county board shall notify the applicant and the state department of its decision. Such assistance shall be paid monthly to the applicant in the manner hereinafter provided for in this act.

      Sec. 9.  Assistance Not Assignable.  Assistance granted under this act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this act shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operations of any bankruptcy or insolvency law.

      Sec. 10.  Appeal to the State Department.  If an application is denied by the county board in whole or in part, or if any award of assistance is modified or canceled under any provision of this act, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department.


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

ê1937 Statutes of Nevada, Page 133 (CHAPTER 67, SB 56)ê

 

prescribed by the state department. The state department shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing.

      The state department may also, upon its own motion, review any decision of a county board, and may consider any application upon which a decision has not been made by the county board within a reasonable time. The state department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this act. Applicants or recipients affected by such decisions of the state department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the state department.

      All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county board.

      Sec. 11.  Periodic Reconsideration and Changes in Amount of Assistance.  All assistance grants made under this act shall be reconsidered by the county board as frequently as may be required by the rules of the state department. After such further investigation as the county board or the state department may deem necessary, the amount of assistance may be changed or assistance may be entirely withdrawn if the state department or the county board finds that the recipient’s circumstances have altered sufficiently to warrant such action.

      Sec. 12.  Recovery from the Estate.  On the death of any recipient, the total amount of assistance paid under this act shall be allowed as a claim against the estate of such person after funeral expenses, the expenses of last illness and the expense of administering the estate have been paid. No claim shall be enforced against any real estate of a recipient while it is occupied by the surviving spouse or dependent.

      The federal government shall be entitled to a share of any amounts collected from the estates of recipients equal to not more than one-half of the amount collected, if required as a condition to federal financial participation. The amount due the United States shall be paid promptly to the United States government. The remainder shall be paid to the old-age assistance fund of the State of Nevada and to the county or counties concerned in proportion as their interests may appear.

      Sec. 13.  Removal to Another County.  The award finally made of assistance to any recipient shall, upon his removal to another county of this state and his becoming a resident thereof, continue and be paid by the county theretofore awarding the same for a period of thirty days after such removal, after which his assistance from that county shall cease; and at any time thereafter, such recipient shall be entitled to apply for and, if eligible under the provisions of this act, shall be allowed and paid such old-age assistance by the county to which he so removed and of which he became such a resident as may be awarded by the county board of the county to which he so removed, subject to all the provisions and restrictions of this act just as if he had not theretofore been a recipient in said other county.

 

 

 

State department may review decision of county boards

 

 

 

 

 

 

 

 

Periodic reconsideration and changes in amount of assistance

 

 

 

 

Recovery from the estate

 

 

 

Federal government to share in estate

 

 

 

 

Removal to another county


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

ê1937 Statutes of Nevada, Page 134 (CHAPTER 67, SB 56)ê

 

 

 

 

 

 

 

 

County financial participation and tax levy

awarding the same for a period of thirty days after such removal, after which his assistance from that county shall cease; and at any time thereafter, such recipient shall be entitled to apply for and, if eligible under the provisions of this act, shall be allowed and paid such old-age assistance by the county to which he so removed and of which he became such a resident as may be awarded by the county board of the county to which he so removed, subject to all the provisions and restrictions of this act just as if he had not theretofore been a recipient in said other county.

      Sec. 14.  County Financial Participation and Tax Levy.  Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and to pay the expenses of county administration thereof by that county; and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax, for the tax year beginning January 1, 1937, and for each such year thereafter, on all taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the “Old-Age Assistance Fund” out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay one-fourth of the total amount of old-age assistance to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated “Old-Age Assistance Fund of …………… County,” naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.

      It shall be the duty of said state treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.


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ê1937 Statutes of Nevada, Page 135 (CHAPTER 67, SB 56)ê

 

of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same