[Rev. 12/19/2019 6:06:20 PM]

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

ê1939 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

THIRTY-NINTH SESSION OF THE LEGISLATURE

 

________

 

1939

________

CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Robbins]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 18, 1939]

 

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 fund

 

 

 

 

 

Mode of payment

 

 

 

 

Reversion

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 2ê

CHAPTER 2, AB 4

 

 

 

 

 

 

 

 

 

 

 

 

 

Overton power district; transfer of funds

 

 

Repeal

 

In effect

[Assembly Bill No. 4–Clark County Delegation]

 

Chap. 2–An Act authorizing and empowering the board of directors of Overton power district No. 5, a municipal corporation in Clark County, Nevada, to transfer certain sums of money from the “purchase and extension plants fund” to the general fund of the district.

 

[Approved January 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of directors of Overton power district No. 5, in Clark County, Nevada, is hereby authorized, empowered, and directed to transfer not exceeding the sum of two thousand nine hundred eleven and 35/100 dollars ($2,911.35) from the “purchase and extension plants fund” of said district to the general fund of the said district.

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  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

________

 

CHAPTER 3, AB 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

Elko County high school and gymnasium bonds

Notice of election given

[Assembly Bill No. 1–Elko County Delegation]

 

Chap. 3–An Act approving and validating a special election held in Elko County, Nevada, to authorize the contracting of a bonded indebtedness for erecting a new gymnasium and additional schoolrooms to the present Elko County high school building, and for the acquisition of fittings, furnishings, heating equipment, and fixtures, which said bonds were to aggregate $165,000, but only such part thereof were to be issued and sold as might be necessary to produce said sum after applying an anticipated P. W. A. grant of part of the project costs; and approving and validating the bonds issued and sold pursuant to the affirmative majority vote cast in said election.

 

[Approved January 24, 1939]

 

      Whereas, The board of county commissioners of Elko County, Nevada, pursuant to certificate and written request of the board of education of said county, duly published, in the manner required by law, notice of a special county election to authorize the incurring of a bonded indebtedness for the purpose of erecting a new gymnasium and additional schoolrooms to the present Elko County high school building and for the acquisition of fittings, furnishings, heating equipment, and fixtures in the city of Elko, Elko County, Nevada, which said bonds were to be in the form of negotiable coupon bonds of the county of Elko in the aggregate amount of $165,000, consisting of 165 bonds of $1,000 each, numbered 1 to 165, inclusive, maturing in installments of $9,000 annually, beginning September 1, 1940, bearing interest at not more than 4% per annum, but of which said bonds only such part of said $165,000 should be issued and sold as might be necessary to produce said sum after applying an anticipated


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

ê1939 Statutes of Nevada, Page 3 (CHAPTER 3, AB 1)ê

 

$165,000, consisting of 165 bonds of $1,000 each, numbered 1 to 165, inclusive, maturing in installments of $9,000 annually, beginning September 1, 1940, bearing interest at not more than 4% per annum, but of which said bonds only such part of said $165,000 should be issued and sold as might be necessary to produce said sum after applying an anticipated P. W. A. grant of 45% of the project costs; and

      Whereas, At such election held November 8, 1938, pursuant to such notice, the said bond issue was voted and approved by a majority vote of the taxpaying electors and a majority vote of the nontaxpaying electors as required by law; and

      Whereas, Thereafter and on December 15, 1938, pursuant to published and mailed notice as required by law, said board of county commissioners offered $99,000 of said bonds for sale on public competitive, written, sealed bids, and duly accepted the lowest and best bid therefor, to wit, a bid for the purchase of said $99,000 bonds, bearing interest at the rate of 2 3/8% per annum for par and accrued interest, and a total premium of $37.50, to be of such date, amount, and maturities as hereinafter set forth; and

      Whereas, The federal emergency administration of public works (P. W. A.) has heretofore notified the said Elko County board of education of the approval of the said P. W. A. of a 45% grant of the said project costs, the proceeds of which grant, however, will not be available until said county of Elko may, through the proceeds of sale of said bonds, show that it has its share of said project costs available; and

      Whereas, The exact extent of said 45% grant may not be determined until the completion of said project, as the said 45% is to be applied in accordance with P. W. A. accounting and allocation methods determining precisely to what items the said 45% will apply; and

      Whereas, Certain contracts have already been let by said Elko County board of education for certain essential preliminary work (in accordance with P. W. A. requirements that construction commence before a certain fixed “deadline”), to wit, the footing excavations, construction of foundations, and installation of a new boiler, etc., all of which were contracted in good faith, and for which payment will forthwith become due; and

      Whereas, Said bonds have not yet been issued for the reason that some question has arisen as to the sufficiency of the notice of election, wording of the printed ballots on said issue, and as to possible legal effects of certain typographical and other possible errors; but it appearing that all of the said proceedings were had, and the election held, and the said bonds offered for sale, and the said indebtedness incurred in good faith and for the use and benefit of said county in accordance with the will of the majority of taxpaying and nontaxpaying electors as expressed in said election; and to enable said county of Elko to accept and take advantage of the proceeds of said P.

 

 

 

 

 

Bond issue voted

 

 

$99,000 in bonds sold

 

 

 

 

 

 

Conditions of federal grant

 

 

 

 

 

 

 

Emergency

 

 

 

 

 

Need for validation


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

ê1939 Statutes of Nevada, Page 4 (CHAPTER 3, AB 1)ê

 

 

 

 

 

 

 

 

 

 

 

Issue and sale of $99,000 in bonds declared valid; tax levy mandatory

 

 

 

 

 

 

 

County commissioners authorized to sell $9,000 more in bonds on request of county board of education

 

 

 

 

 

 

Bonds debt of county

 

Custody of and expenditure of proceeds

nontaxpaying electors as expressed in said election; and to enable said county of Elko to accept and take advantage of the proceeds of said P. W. A. grant, and it is just and expedient that said election and said proceedings relating thereto be approved and forever validated, to the end that said bonds be issued and sold as hereinafter provided; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The issuance and sale by the county of Elko, State of Nevada, of $99,000 Elko County high school and gymnasium bonds, consisting of ninety-nine (99) bonds of $1,000 each, numbered 1 to 99, inclusive, bearing date January 1, 1939, and maturing in installments of $9,000 annually, serially, and consecutively, and in numerical order, beginning with the 1st day of September 1940, and continuing to the 1st day of September 1950, inclusive, bearing interest at the rate of 2 3/8% per annum, payable semiannually (except the first interest coupon, which may, if desired, be payable January 1, 1940, for one year’s interest), as general obligation bonds of said county of Elko, are hereby declared to be in all respects valid, and the said bonds to be the valid obligation of the said county of Elko, which shall always levy a sufficient tax to pay the principal and interest upon the said bonds as they mature.

      Sec. 2.  Pursuant to the said notice of election, election ballots and notice calling for bids for the purchase of said bonds, all of which provided for the issuance of sufficient bonds to make up the total estimated project cost of $165,000, after applying the said anticipated P. W. A. grant, said board of county commissioners of Elko County, Nevada, if so requested by the board of education of said county, are hereby authorized to sell in the manner and upon the notice required by law not to exceed $9,000 additional bonds of said issue, of like character, being bonds numbered 100 to 108, inclusive, of said issue, maturing September 1, 1951, if and to such extent as necessary to provide sufficient funds for the required project costs of the said gymnasium and high school additions and equipment as hereinabove described, including architects’ fees, engineering, inspection, and other incidental costs.

      Sec. 3.  All of the bonds in this act described shall, upon their issuance and sale, be a valid and subsisting indebtedness against the said county of Elko.

      Sec. 4.  The proceeds of the sale of said bonds shall be deposited in a special fund to be known as the Elko County high school and gymnasium building fund, or by such other name as shall properly describe the same, and shall be expended as required by law only for the purposes aforesaid.


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

ê1939 Statutes of Nevada, Page 5 (CHAPTER 3, AB 1)ê

 

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed to the extent of such conflict.

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

Repeal

 

In effect

 

________

 

CHAPTER 4, SB 10

[Senate Bill No. 10–Senator Wittenberg]

 

Chap. 4–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain school district “Construction Fund” to the Round Mountain school bonds redemption and interest fund.

 

[Approved February 2, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada is hereby authorized and empowered to transfer the sum of four hundred twenty-eight dollars and forty-nine cents ($428.49) from the Round Mountain school district construction fund to the Round Mountain school bonds redemption and interest fund.

      Sec. 2.  All acts or 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.

 

 

 

 

 

 

 

 

 

 

 

 

Round Mountain school district; transfer of funds

 

 

Repeal

 

In effect

 

________

 

CHAPTER 5, SB 11

[Senate Bill No. 11–Senator Wittenberg]

 

Chap. 5–An Act authorizing and empowering the board of county commissioners of Nye County, Nevada, to transfer moneys from the Round Mountain street lights fund to the Round Mountain school bonds redemption and interest fund.

 

[Approved February 2, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Nye County, Nevada, is hereby authorized and empowered to transfer a sum of money not to exceed five hundred ($500) dollars from the Round Mountain street lights fund to the Round Mountain school bonds redemption and interest fund.

      Sec. 2.  All acts or 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.

 

 

 

 

 

 

 

 

 

 

 

Round Mountain; transfer of funds

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 6ê

CHAPTER 6, AB 60

 

 

 

 

 

 

 

 

 

 

 

 

Mineral County auditor and treasurer; duty respecting various funds

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 60–Mr. Springer]

 

Chap. 6–An Act authorizing the county treasurer and the county auditor of Mineral County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 4, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Mineral County, Nevada, and the county treasurer of said county to transfer from the “High School Emergency Loan Fund” to the “High School General Fund” the sum of two thousand, two hundred sixty-five dollars and eighty-seven cents ($2,265.87); from the “County Emergency Loan Fund” to the “County General Fund” the sum of eighty-nine dollars and sixty-seven cents ($89.67); from the “Interest and Sinking Fund” to the “Road Equipment Bond and Interest Redemption Fund” the sum of nine hundred sixty-one dollars and fifty-five cents ($961.55); from the “Interest and Sinking Fund” to the “Mina Municipal Building Bond and Interest Redemption Fund” the sum of four hundred eight dollars and thirty-four cents ($408.34).

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

 

________

 

CHAPTER 7, AB 80

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers of Clark County to transfer funds

[Assembly Bill No. 80–Clark County Delegation]

 

Chap. 7–An Act authorizing and directing the county commissioners, county auditor, and county treasurer of Clark County, Nevada, to transfer funds from the “Lincoln County Bonds” fund to the “Publicity Fund,” and the “Experimental Farm Sale” fund to the “County Road Fund” of said county.

 

[Approved February 7, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county commissioners of Clark County, Nevada, and the county auditor and county treasurer of said county to transfer all sums of money now remaining in those certain funds of said county known and designated as “Lincoln County Bonds” fund to the “Publicity Fund” of said county, and “Experimental Farm Sale” fund to the “County Road Fund” of said county.


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

ê1939 Statutes of Nevada, Page 7 (CHAPTER 7, AB 80)ê

 

said county, and “Experimental Farm Sale” fund to the “County Road Fund” of said county.

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

 

 

In effect

 

________

 

CHAPTER 8, AB 76

[Assembly Bill No. 76–Lincoln County Delegation]

 

Chap. 8–An Act authorizing and directing the county commissioners of Lincoln County, State of Nevada, to transfer certain funds from the old courthouse bond refunding fund to a special fund in said county to be used for purchasing equipment and furniture for the new courthouse in said county.

 

[Approved February 7, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Lincoln County are hereby authorized and directed to transfer from the old courthouse fund of said county to a special fund in said county to be used by the county commissioners of Lincoln County for the purchase of equipment and furniture for the new courthouse in said county.

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

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners of Lincoln County to transfer courthouse fund

 

In effect

 

________

 

CHAPTER 9, AB 77

[Assembly Bill No. 77–Lincoln County Delegation]

 

Chap. 9–An Act authorizing and directing the county commissioners of Lincoln County, State of Nevada, to transfer certain funds, raised by subscription and local taxation, for developing water in Cathedral gorge, in said county, to the general fund of said county to be used by the county commissioners thereof for the repair and improvement of that certain project in said county designated as the Panaca flood control project.

 

[Approved February 8, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Lincoln County, Nevada, are hereby authorized and directed to transfer those certain funds heretofore accumulated in the funds of said county, for developing water in Cathedral gorge, into a special fund in said county to be used by the county commissioners of said county for the repair and improvement of that certain project in said county designated as the Panaca flood control project.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners of Lincoln County to transfer certain moneys


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

ê1939 Statutes of Nevada, Page 8 (CHAPTER 9, AB 77)ê

 

 

 

In effect

that certain project in said county designated as the Panaca flood control project.

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

 

________

 

CHAPTER 10, AB 81

 

 

 

 

 

 

 

 

 

 

Humboldt County clerk to appoint a deputy; salary, $1,200

 

In effect

[Assembly Bill No. 81–Humboldt County Delegation]

 

Chap. 10–An Act fixing and regulating the appointment and salary of a deputy to the county clerk of Humboldt County.

 

[Approved February 8, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act the county clerk of Humboldt County shall be authorized to appoint one deputy, who shall receive a salary of $1,200 per annum, payable monthly, in twelve equal installments, on the first day of each month in like manner as county officers are paid.

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

 

________

 

CHAPTER 11, AB 14

 

 

 

 

 

 

 

 

 

 

 

 

 

Racing act; section 3 repealed

 

In effect

[Assembly Bill No. 14–Mr. Kennett]

 

Chap. 11–An Act to repeal section 3 of “An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof,” approved February 20, 1915, together with the acts amendatory thereof or supplementary thereto.

 

[Approved February 9, 1939]

 

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 6217 N. C. L. 1929, is hereby repealed.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 9ê

CHAPTER 12, AB 64

[Assembly Bill No. 64–Clark County Delegation]

 

Chap. 12.–An Act authorizing and directing the county treasurer of Clark County, Nevada, to transfer certain moneys from the Las Vegas high school bond fund to the Clark County educational district No. 2 bond fund, and other matters relating thereto.

 

[Approved February 9, 1939]

 

      Whereas, There is a balance of $1,495.39 in the Las Vegas high school bond fund after all bonds have been redeemed and all interest thereon fully paid; and

      Whereas, There will be some additional sums of money coming into said fund; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurer of Clark County, Nevada, is hereby authorized and directed to transfer from the Las Vegas high school bond fund all of the funds now therein, and any additional sum or sums that may accrue thereto, to the Clark County educational district No. 2 bond fund.

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

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

Clark County treasurer to transfer certain funds

 

 

In effect

 

________

 

CHAPTER 13, AB 29

[Assembly Bill No. 29–Mr. Fee]

 

Chap. 13–An Act to amend an act entitled “An act fixing the compensation of certain county officers of Esmeralda County in the State of Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number, and compensation of their deputies and attaches, and requiring said officers to make reports to the board of county commissioners of Esmeralda County; and repealing all acts and parts of acts in conflict therewith,” approved February 21, 1929.

 

[Approved February 9, 1939]

 

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 1 of chapter 10, Statutes of Nevada 1929, is hereby amended to read as follows:

      Section 1.  The following-named officers of Esmeralda County shall receive, in full payment of all services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of one thousand ($1,000) dollars per annum, and for his services as ex officio county assessor the sum of two thousand ($2,000) dollars per annum.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Esmeralda County salaries

 

Sheriff, ex officio assessor


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

ê1939 Statutes of Nevada, Page 10 (CHAPTER 13, AB 29)ê

 

 

Deputy

 

 

Additional deputies

 

 

 

 

County clerk and treasurer

 

Deputy

 

County recorder and auditor

 

 

Deputy

 

District attorney

 

Deputies

 

 

County commissioners; salary and mileage

 

Salaries named are full compensation

 

 

 

Reports of all fees

($2,000) dollars per annum. The sheriff is hereby authorized to appoint one deputy sheriff, and said deputy shall receive a salary of six hundred ($600) dollars per annum as deputy sheriff, and twelve hundred ($1,200) dollars per annum as ex officio deputy county assessor; and he shall also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed, and in no case shall the compensation exceed the sum of one hundred fifty ($150) dollars per month for each deputy so appointed.

      The county clerk, for services as county clerk, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county treasurer the sum of sixteen hundred ($1,600) dollars per annum; and, where the business of his office shall require and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty ($150) dollars per month for term of employment.

      The county recorder, for services as county recorder, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred ($1,600) dollars per annum; and where the business of his office shall require, and the board of county commissioners shall deem necessary, he may appoint a deputy, who shall be paid at a rate of not less than one hundred and fifty ($150) per month for term of employment.

      The district attorney of Esmeralda County shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, which deputy or deputies shall be paid at a rate of not less than one hundred and fifty ($150) dollars per month for term of employment.

      The county commissioners of Esmeralda County shall receive the sum of six hundred ($600) dollars per annum each, and mileage at the rate of fifteen (15¢) cents per mile in going to the county seat when attending a session of the board.

      The above salaries shall be paid in equal monthly installments and shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and all percentages collected by the sheriff, as sheriff and ex officio assessor, shall be paid into the treasury of Esmeralda County, and no fees of any kind or character shall be allowed the above-named officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true, and correct reports of all fees collected by them monthly to the board of county commissioners of Esmeralda County.


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

ê1939 Statutes of Nevada, Page 11 (CHAPTER 13, AB 29)ê

 

commissioners of Esmeralda County. The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all of the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices.

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

 

 

Traveling expenses

 

In effect

 

________

 

CHAPTER 14, SB 21

[Senate Bill No. 21–Senator Getchell]

 

Chap. 14–An Act to repeal an act entitled “An act authorizing the district attorney of Lander County to employ a stenographer, providing the duties of such stenographer, and fixing the salary therefor,” approved March 19, 1937.

 

[Approved February 14, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act authorizing the district attorney of Lander County to employ a stenographer, providing the duties of such stenographer, and fixing the salary therefor,” approved March 19, 1937, being chapter 86 Statutes of Nevada 1937, is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

Lander County stenographer

 

________

 

CHAPTER 15, SB 5

[Senate Bill No. 5–Senator Getchell]

 

Chap. 15–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897, together with the acts amendatory thereof or supplementary thereto.

 

[Approved February 14, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 54 of the above-entitled act, being section 9653 N. C. L. 1929, is hereby amended to read as follows:

      Section 54.  Before letters testamentary or of administration shall be issued to the executor or administrator he shall take and subscribe an oath or affirmation, before an officer authorized to administer oaths, that he will perform according to law the duties of executor or administrator; said oath shall be filed and recorded by the clerk. The oath of a domestic corporation appointed as executor or administrator may be taken and subscribed by its president or vice president, or secretary or treasurer upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers or by its cashier, trust officer, assistant trust officer, or manager.

 

 

 

 

 

 

 

 

 

 

 

 

 

Official oath executor or administrator when person; when corporation


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

ê1939 Statutes of Nevada, Page 12 (CHAPTER 15, SB 5)ê

 

 

 

 

Effect of certified copies generally

 

In effect

president, or secretary or treasurer upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers or by its cashier, trust officer, assistant trust officer, or manager. All duly certified copies of any record or paper in matters of estates shall have the same force and effect in all cases whatsoever as the original papers would have.

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

 

________

 

CHAPTER 16, AB 82

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Facsimile signatures permitted on certain warrants

 

 

 

In effect

[Assembly Bill No. 82–Committee on Social Welfare]

 

Chap. 16–An Act to amend an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; and other matters relating thereto,” approved March 23, 1937, by adding thereto a new section to be known as section 9 1/2.

 

[Approved February 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 129 Statutes of Nevada 1937, is hereby amended by adding a new section to be known as section 9 1/2, which said section shall read as follows:

      Section 9 1/2.  The word “signature” wherever used in this act to refer to the “signature of the treasurer and the counter-signature of the commissioner or his duly authorized agent for that purpose,” and particularly, but without limitation, in section 9 of said act means and shall be deemed to mean and to authorize not alone the handwritten signature or counter-signature of such officers or agent, but also their facsimile signatures, when stamped upon such warrants as are referred to in said act.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 13ê

CHAPTER 17, AB 72

[Assembly Bill No. 72–Committee on Labor]

 

Chap. 17–An Act requiring persons who take from their employees all or any portion of any tips or gratuities, to post in a conspicuous place on their premises a notice of the terms of the contract whereby the employer or other person is to have the benefit of any such tips or gratuities; prescribing penalties for the violation thereof, and other matters properly relating hereto.

 

[Approved February 21, 1939]

 

      Whereas, It has become the practice of certain employers, employing other persons in and about the conduct and operation of their business, of taking all or a portion of any tips or gratuities given to or received by such employees; and

      Whereas, It is the sense of this legislature that such acts tend to perpetrate a fraud or imposition upon the public because of the employers’ failure to notify the public that tips or gratuities bestowed upon employees go to the employers; and

      Whereas, It is the sense of the legislature that the public should be informed of any such relation, custom, or agreement between employer and employee; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person who takes all or any part of any tips or gratuities bestowed upon his employees, or who credits the same toward payment of his employee’s wage, shall and is hereby required to post in a conspicuous place where it can be easily seen by the public, upon the premises where such employees are employed and work, a notice to the public that tips or gratuities bestowed on employees go or belong to the employer. Such notice shall contain the words, “NOTICE: Tips Given Employees Belong to Management.” The letters of these words shall be in bold black type at least one inch in height.

      Sec. 2.  Any person who takes all or any part of the tips or gratuities bestowed upon his employees without posting the notice required to be posted by the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment.

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

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Notice respecting “tips” required

 

 

 

 

 

 

Penalty

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 14ê

CHAPTER 18, AB 33

 

 

 

 

 

 

 

 

 

 

 

Procedure to prove death affecting claims to real property

 

 

 

Notice

 

 

 

Hearing; judgment

 

Record

 

In effect

[Assembly Bill No. 33–Committee on Judiciary]

 

Chap. 18–An Act for the determination of the termination of the interests of a deceased person in real property.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever title to or an interest in real property is affected by the death of any person, any other person who claims any interest in such real property, which interest is affected by the death of such person, may file in the district court of any county in which any part of such real property is situated, a verified petition setting forth those facts, and particularly describing the real property, the interest of the petitioner, and the interest of the deceased therein.

      The clerk shall set the petition for hearing by the court, shall give notice thereof by causing a notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held, at least ten days before the hearing; provided, the court may order such further notice to be given as in his judgment may seem proper.

      The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real property described in the petition.

      A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the land is situated.

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

 

________

 

CHAPTER 19, AB 35

 

 

 

 

 

 

 

 

 

 

Obsolete sections repealed; acknowledgments by wife

In effect

[Assembly Bill No. 35–Committee on Judiciary]

 

Chap. 19–An Act to repeal sections 32, 33, and 34 of an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections 32, 33, and 34 of an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873, and being sections 3386, 3387, and 3388 N. C. L. 1929, are hereby repealed.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 15ê

CHAPTER 20, AB 37

[Assembly Bill No. 37–Committee on Judiciary]

 

Chap. 20–An Act to amend section 177 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 177 of the above-entitled act, being section 10124 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 177.  Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the state prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the state prison for a term not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of sixteen years or upwards who shall have carnal knowledge of any female child under the age of eighteen years, either with or without her consent, shall be adjudged guilty of the crime of rape and punished as before provided. A husband may not be convicted of the rape of his wife unless he is an accomplice or accessory to the rape of his wife by a third person.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Rape defined

 

Penalty

 

 

 

 

Age of consent

 

When husband accessory

 

In effect

 

________

 

CHAPTER 21, AB 38

[Assembly Bill No. 38–Committee on Judiciary]

 

Chap. 21–An Act to define the manner in which joint tenancy may be created.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common to themselves, or to themselves and others, or from a husband and wife when holding title as community property or otherwise to themselves, or to themselves and others when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.

 

 

 

 

 

 

 

 

 

Joint tenancy; how created


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

ê1939 Statutes of Nevada, Page 16 (CHAPTER 21, AB 38)ê

 

 

 

In effect

tenants. A joint tenancy in personal property may be created by a written transfer, agreement, or instrument.

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

 

________

 

CHAPTER 22, AB 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure on offer for settlement of action

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 42–Committee on Judiciary]

 

Chap. 22–An Act to amend section 323 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 February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 323 of the above-entitled act, being section 8821 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 323.  Any party may, at any time before trial or judgment, serve upon the opposing party or parties, as the case may be, an offer to allow judgment to be taken against him for the sum, or property, or to the effect therein specified. If the said opposing party or parties, as the case may be, accepts the offer and gives notice thereof within five days and files a notice of acceptance, the clerk shall thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence; and if the said opposing party or parties, as the case may be, failed to obtain a more favorable judgment than that contained in the offer, he or they shall not recover costs, but shall pay the costs of the party making the offer from the time of the offer.

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

 

________

 

CHAPTER 23, AB 48

 

[Assembly Bill No. 48–Committee on Judiciary]

 

Chap. 23–An Act to amend an act entitled “An act creating and providing an additional cause for divorce,” approved March 23, 1931.

 

[Approved February 23, 1939]

 

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 creating and providing an additional cause for divorce,” approved March 23, 1931, and being section 9467.06 N. C. L. 1929, is hereby amended to read as follows:

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

 


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

ê1939 Statutes of Nevada, Page 17 (CHAPTER 23, AB 48)ê

 

obtained, in addition to the causes now provided by law and subject to the same procedure and requirements, for the following cause:

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

      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.

Divorce, additional cause for

Separation three consecutive years

 

Repeal

 

In effect

 

________

 

CHAPTER 24, AB 36

[Assembly Bill No. 36–Committee on Judiciary]

 

Chap. 24–An Act to amend sections 55 and 706 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 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 55 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 8554 N. C. L. 1929, is hereby amended to read as follows:

      Section 55.  When the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person be employed by another person who is responsible for his conduct, then also against such other person. If such adult person have a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult person deceased for the benefit of his heirs, or by such guardian for the benefit of his heirs as provided in section 54. In every action under this and the preceding section such damages, pecuniary and exemplary, may be given as under all the circumstances of the case may be just.

      Sec. 2.  Section 706 of the above-entitled act, and being section 9195 N. C. L. 1929, is hereby amended to read as follows:

      Section 706.  The proceeds of any judgment obtained in any action brought under the provisions of this chapter shall not be liable for any debt of the deceased; provided, he or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child; but shall be distributed as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action for wrongful death of adult

 

 

Parties

 

 

 

 

Damages

 

 

 

Judgment proceeds in certain actions exempt


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

ê1939 Statutes of Nevada, Page 18 (CHAPTER 24, AB 36)ê

 

 

 

 

Proceeds, how distributed

 

 

 

 

 

 

Proviso

 

 

Measure of damages

she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child; but shall be distributed as follows:

      If there be a surviving husband or wife, and no child, then to such husband or wife; if there be a surviving husband or wife, and a child or children, or grandchildren, then, equally to each, the grandchild or children taking by right of representation; if there be no husband or wife, but a child or children, or grandchild or children, then to such child or children and grandchild or children by right of representation; if there be no child or grandchild, then to a surviving father or mother; if there be no father or mother, then to a surviving brother or sister, or brothers or sisters, if there be any; if there be none of the kindred hereinbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons; provided, every such action shall be brought by and in the name of the personal representative or representatives of such deceased person; and provided further, the court or jury, as the case may be, in every such action may give such damages, pecuniary and exemplary, as shall be deemed fair and just, and in so doing may take into consideration the pecuniary injury resulting from such death to the kindred as herein named.

 

________

 

CHAPTER 25, AB 49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Divorce; power of court respecting property and alimony

[Assembly Bill No. 49–Committee on Judiciary]

 

Chap. 25–An Act to amend sections 25, 27, 28, and 29 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as amended by Statutes of 1915, chapter 211, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 25 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, and being section 9463 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community and separate property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it for the benefit of the children. In the event of the death of either party, or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court.


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

ê1939 Statutes of Nevada, Page 19 (CHAPTER 25, AB 49)ê

 

death of either party, or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court.

      If, after the filing of the complaint, it shall be made to appear probable to the court, or the judge in vacation, that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.

      Sec. 2.  Section 27 of the above-entitled act, as amended by Statutes of 1915, page 324, and being section 9465 N. C. L. 1929, is hereby amended to read as follows:

      Section 27.  In any suit wherein the court has granted a decree of divorce and awarded alimony to the wife, in the event of the subsequent remarriage of the wife, and there being issue of the former marriage, the court in which the divorce was granted may, on proper showing of the case, enter an order that the alimony previously awarded, or part thereof, be paid as ordered by the court for the benefit of the minor children. In any suit for divorce now pending, or which may hereafter be commenced, the court, or judge, may, in its discretion, upon application, of which due notice shall have been given to the husband or his attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and for the support of the children of the parties during the pendency of such suit; and a court or judge may direct the application of specific property of the husband to such object, and may also direct the payment to the wife for such purpose of any sum or sums that may be due and owing the husband from any quarter, and may enforce all orders made in this behalf as provided in section 24 of this act.

      Sec. 3.  Section 28 of the above-entitled act, and being section 9466 N. C. L. 1929, is hereby amended to read as follows:

      Section 28.  Whenever a decree of divorce from the bonds of matrimony is granted in this state by the court of competent authority, such decree shall fully and completely dissolve the marriage contract as to both parties; and in all suits for divorce, if a divorce be granted, the court may, for just and reasonable cause, change the name of the wife by appropriate order embodied in its decree.

      Sec. 4.  Section 29 of the above-entitled act, and being section 9467 N. C. L. 1929, is hereby amended to read as follows:

      Section 29.  Either party, on application to the court, may be entitled, at such trial, to have the issue of fact involved in such case and presented by the pleadings tried by a jury, in accordance with the general rules covering the trial of civil actions in the district court; provided, the jury shall not consider nor determine any issue as to the custody or support of minor and dependent children or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.

 

 

Emergency orders

 

 

 

 

 

 

Conversion of alimony

 

 

 

 

Orders for allowances and suit money

 

 

 

 

 

 

Orders, how enforced

 

 

 

Absolute divorce bilateral

 

 

 

 

 

Divorce; trial by jury a right


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

ê1939 Statutes of Nevada, Page 20 (CHAPTER 25, AB 49)ê

 

 

Issues reserved to judge or court

 

 

 

Special and general repeal

 

In effect

by a jury, in accordance with the general rules covering the trial of civil actions in the district court; provided, the jury shall not consider nor determine any issue as to the custody or support of minor and dependent children or of property matters or rights, or as to the right of the wife to alimony, but all such issues and matters shall be determined solely by the judge of the court.

      Sec. 5.  Section 12 of an act entitled “An act defining the rights of husband and wife,” approved May 10, 1873, and being section 3366 N. C. L. 1929, and any and all other acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 6.  This act shall become effective immediately upon its passage and approval.

 

________

 

CHAPTER 26, AB 53

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pleadings, how verified

[Assembly Bill No. 53–Committee on Judiciary]

 

Chap. 26–An Act to amend sections 122 and 447 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 to repeal all acts and parts of acts in conflict herewith.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 122 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 8620 N. C. L. 1929, is hereby amended to read as follows:

      Section 122.  In all cases of the verification of a pleading, the affidavit of the party shall state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters, that he believes it to be true. And where a pleading is verified, it shall be by the affidavit of the party, unless he be absent from the county where the attorneys reside, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except the party, he shall set forth in the affidavit the reasons why it is not made by the party. When a corporation is a party, the verification may be made by any officer thereof; or when the state, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts; except that in actions prosecuted by the attorney-general, in behalf of the state, the pleadings need not, in any case, be verified. In all cases where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge.


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

ê1939 Statutes of Nevada, Page 21 (CHAPTER 26, AB 53)ê

 

where, by the foregoing provisions, the verification may be made by the attorney, such verification may be by him made on information and belief if the facts are not within his knowledge.

      Sec. 2.  Section 447 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 section 8936 N. C. L. 1929, is hereby amended to read as follows:

      Section 447.  When a plaintiff in an action resides out of the state, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of three hundred dollars; or in lieu of said undertaking, the plaintiff may deposit three hundred dollars, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.

      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.

 

 

 

 

 

 

Security for costs, how obtained

 

 

Undertaking $300 or cash

 

 

 

Additional security

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 27, AB 75

[Assembly Bill No. 75–Committee on Judiciary]

 

Chap. 27–An Act to amend section 433 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 to repeal all acts and parts of acts in conflict herewith.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 433 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 8922

 


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

ê1939 Statutes of Nevada, Page 22 (CHAPTER 27, AB 75)ê

 

 

 

Service on clerk or attorney; when required

 

 

 

 

Repeal

 

In effect

and being section 8922 N. C. L. 1929, is hereby amended to read as follows:

      Section 433.  When any party who has appeared resides out of the state, and either has no attorney in the action or proceeding or is represented therein by an attorney residing outside the state, the service may be made on the clerk for him. But in all cases where a party has an attorney in the action or proceeding who resides in this state, the service of papers, when required, shall be upon the attorney instead of the party, except subpenas, or writs, and other process issued in the suit, and of papers to bring him into contempt.

      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 28, AB 74

 

 

 

 

 

 

 

 

 

 

 

 

Nevada Day, October 31, a holiday

 

 

 

 

 

 

Repeal

[Assembly Bill No. 74–Mr. Amodei]

 

Chap. 28–An Act providing that the 31st day of October shall be known as “Nevada Day,” designating the same as a holiday, and repealing an act in conflict herewith.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The 31st day of October of each and every year is hereby designated as “Nevada Day,” and shall be a holiday; all state, county, and municipal offices, the state university, and the public schools shall close on this day. The governor of the State of Nevada is hereby authorized and directed to issue annually, at least thirty days prior to the 31st day of October, a proclamation requesting the people of the state to observe Nevada day by appropriate exercises and ceremonies, commemorating the admission of the State of Nevada into the Union. If the 31st day of October shall fall on a Sunday, the Monday following shall be observed as a holiday.

      Sec. 2.  An act entitled: “An act providing for the observance of Nevada day in the State of Nevada as a holiday,” approved March 22, 1933, is hereby repealed.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 23ê

CHAPTER 29, AB 44

[Assembly Bill No. 44–Committee on Judiciary]

 

Chap. 29–An Act to amend section 6 of an act entitled “An act to provide for the organization, management, and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith,” approved March 23, 1921.

 

[Approved February 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being section 1580 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Any such corporation may amend its articles of incorporation in any manner not inconsistent with the provisions of this act, in the manner provided for by section 7 of the general corporation act of 1925, same being section 1606 N. C. L. 1929.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporations; nonprofit, cooperative; amending articles

 

In effect

 

________

 

CHAPTER 30, SB 35

[Senate Bill No. 35–Senator Gibson]

 

Chap. 30–An Act specifying the hours during which the clerk of the supreme court office shall be open for the transaction of business.

 

[Approved February 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The office of the clerk of the supreme court shall be open for transaction of business from nine a. m. until twelve o’clock noon, and from one p. m. until four p. m. every day of the year, Saturday afternoons, Sundays, and public holidays excepted.

      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.

 

 

 

 

 

 

 

 

 

 

Clerk of supreme court; hours

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 24ê

CHAPTER 31, SB 18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Delinquent dependent children

 

Probation officers appointed; duties prescribed

 

 

 

 

 

 

Salaries paid by counties

 

 

 

 

 

Counties 15,000 population

[Senate Bill No. 18–Senator Gibson]

 

Chap. 31–An Act to amend an act entitled “An act relating to children who are now or who may hereafter become dependent, neglected, or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children,” approved March 24, 1909.

 

[Approved February 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, the same being section 1015 N. C. L. of 1929, is hereby amended to read as follows:

      Section 6.  The district courts in this state shall have authority to appoint any number of discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers shall receive no compensation from the county treasury except as herein provided. It shall be the duty of the clerk of the court, if practicable, to notify the said probation officer when any child is to be brought before the court; it shall be the duty of such probation officer to make investigation of such case; to be present in the court to represent the interests of the child when the case is heard; to furnish such court such information and assistance as the court or judge may require, and to take charge of any child before and after the trial as may be directed by the court. The number of probation officers to receive compensation from the county, named and designated by the district court, shall be as follows:

      The judge of the district court in and for each county, or city and county, of the state, or the judges where there are more than one judge of the said court, may appoint probation officers, in the number and under the conditions as in this act provided, whenever such appointments shall be deemed necessary to care for the dependent and delinquent children of the county; provided, such probation officers can be removed from office at any time by the said district judge, or judges. The salary of said probation officers shall be as follows:

      In counties having over fifteen thousand population, there may be one probation officer receiving a salary. An assistant probation officer may be appointed, in the discretion of the court, upon the request of the probation officer. The salary of the probation officer shall be fixed by the court appointing him, in any sum not to exceed one hundred and fifty dollars per month; and the salary of the assistant probation officer, where one is appointed, shall likewise be fixed by the court appointing him in any sum not to exceed seventy-five dollars per month.


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

ê1939 Statutes of Nevada, Page 25 (CHAPTER 31, SB 18)ê

 

seventy-five dollars per month. The expenses of such probation officers for probation work shall not exceed seven hundred and fifty dollars per year.

      In counties having less than fifteen thousand population it shall be within the discretion of the district judge, or judges, of each of said counties to determine as to the necessity of appointing a probation officer; provided, that in counties having eight thousand population and under fifteen thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him, in any sum not to exceed one hundred fifty dollars per month; provided further, that in counties of five thousand and under eight thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed one hundred dollars per month; and provided further, that in counties of under five thousand there shall be no more than one probation officer receiving a salary, and such salary shall be fixed by the court appointing him in any sum not to exceed seventy-five dollars per month.

      All probation officers whose expenses are not herein provided shall be allowed such necessary incidental expenses as may be authorized by the judge, or judges, of the district court of said county; provided, that the said probation officers can be appointed for any portion or part of a year as the said district judge, or judges, may determine, and can be paid for the time and periods said probation officers serve under such appointment. The salary and expenses of the probation officer shall be paid out of the county funds in the county treasury in monthly installments, in the same manner as other claims against the county.

      Any district judge, or judges, appointing such probation officer to receive a salary or other compensation from the county, provided for under this act, shall transmit such appointment to the district superintendent of schools of the district of which the county in which said appointment is made is a part, the state superintendent of public instruction, and the governor of this state, who shall constitute a board to investigate the competency of such person so appointed to act as probation officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after the submission thereof by the said district court, and a failure to act thereon within such time shall constitute an approval of such appointment. If a majority of such board are of the opinion that such appointee does not possess the qualifications for a probation officer, they shall notify the court of their conclusions within thirty days of such appointment to the respective members thereof, whereupon it shall be the duty of the district judge, or judges, to withdraw such appointment and appoint some one who shall receive the approval of said board.

 

 

Counties under 15,000 population

 

 

 

 

 

 

 

 

 

 

Expense of officers paid

 

 

 

 

 

 

 

Veto of appointments


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

ê1939 Statutes of Nevada, Page 26 (CHAPTER 31, SB 18)ê

 

 

 

Power of arrest, etc.

 

 

 

 

 

 

 

 

Record oaths of officers

 

 

 

 

Repeal

 

In effect

appoint some one who shall receive the approval of said board.

      Probation officers receiving a salary or other compensation from the county, provided for by this act, are hereby vested with all the power and authority of police or sheriffs to make arrests and perform any other duties ordinarily required by policemen and sheriffs which may be incident to their office, or necessary or convenient to the performance of their duties; provided, that other probation officers may be vested with like power and authority upon a written certificate from the district judge, or judges, that they are persons of discretion and good character, and that it is the desire of the court to vest them with all the power and authority conferred by law upon probation officers receiving compensation from the county.

      The appointment of probation officers, and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the clerk of the court. Probation officers shall take an oath such as may be required of other county officers to perform their duties, and file in the office of the clerk of the district court.

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

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

 

________

 

CHAPTER 32, AB 79

 

[Assembly Bill No. 79–Mr. Springer]

 

Chap. 32–An Act to amend an act entitled “An act to amend section 2 of an act entitled ‘An act to regulate fees and compensations for county and township officers and for official and other services in the county of Mineral, State of Nevada, and to repeal an act entitled “An act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada,” approved March 15, 1915, and all other acts or parts of acts in conflict herewith,’ approved March 26, 1919,” approved March 25, 1931.

 

[Approved February 25, 1939]

 

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, as amended by chapter 173, Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 2.  The county clerk of Mineral County, State of Nevada, shall be allowed to charge and collect the following fees for all services performed by him, in any action or proceeding (except a probate, adoption or guardianship proceedings, or as herein otherwise specified), to and including the making up and filing the judgment roll, fifteen dollars (which shall include the court fee of three dollars now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.


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

ê1939 Statutes of Nevada, Page 27 (CHAPTER 32, AB 79)ê

 

fees for all services performed by him, in any action or proceeding (except a probate, adoption or guardianship proceedings, or as herein otherwise specified), to and including the making up and filing the judgment roll, fifteen dollars (which shall include the court fee of three dollars now provided by law), to be collected in advance from the party commencing the action or proceeding; provided, however, that in cases wherein an injunction, attachment, or receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

      For filing cross-complaint, counterclaim, or a complaint in intervention, seven dollars and fifty cents.

      For entering judgment by confession, five dollars.

      For all services performed in an action appealed from a justice court (which shall include the court fee of one dollar now provided by law), seven dollars and fifty cents, to be paid by the appealing party.

      For filing any and all papers offered by the respondent on an appeal from a justice court, two dollars and fifty cents.

      For filing and indexing papers upon a transfer of a cause from a district court of another county, or from the United States district court, and for all services in connection therewith, seven dollars and fifty cents.

      For transmission of files and papers, including a copy of the court minutes, upon the granting of a change of venue to the district court of another county, or to the United States district court, exclusive of the express charge, or postage, three dollars.

      For issuing a commission to take testimony, one dollar.

      For all services performed in proceedings to perpetuate testimony, two dollars and fifty cents.

      For filing notice and undertaking, and all services, including indexing, upon appeal to the supreme court (but not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial, or to set aside a judgment.

      For all services after the judgment roll is made up and filed, pending an appeal to the supreme court (but not including the making of copies), three dollars.

      For certificate of dismissal of an appeal to the supreme court, when prepared by the clerk, three dollars and fifty cents, and when prepared and furnished by the attorneys, two dollars.

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

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

      For issuing transcript of judgment, and certifying thereto, two dollars and thirty cents per folio.

Mineral County clerk fees, etc., re plaintiff

 

 

 

 

 

Cross-complaint, etc.

 

 

Miscellaneous fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

After judgment

 

 

 

 

 

 

Execution, etc.


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

ê1939 Statutes of Nevada, Page 28 (CHAPTER 32, AB 79)ê

 

 

 

 

 

 

Petitions various

 

 

Defendant fees

 

 

 

 

Copies

 

 

 

Certificate under seal

 

 

 

 

 

 

Probate and guardianship

 

 

 

 

 

 

 

Taking oaths, etc.

      For filing any paper in any cause after judgment, not otherwise specified or provided for, fifty cents.

      For taking and certifying depositions, for each folio, thirty cents, besides seven dollars and fifty cents for each day’s attendance.

      For filing a petition for a change of name, or for a writ of any kind, except habeas corpus, and for all services in connection therewith, seven dollars and fifty cents; provided, no charge shall be made or collected for a writ of habeas corpus.

      For filing the appearance of any defendant (or any number of defendants answering jointly), to be paid upon filing the first paper by him or them, seven dollars and fifty cents; for every additional defendant appearing separately, two dollars and fifty cents; provided, that if two or more defendants file appearances at the same time, but seven dollars and fifty cents only shall be charged.

      For one copy of any record, proceeding, or paper upon file in the office of the clerk, when such copy is made by him, per folio, thirty cents, and when such copy is not made by him, ten cents, and for each certificate thereto, one dollar; for each additional copy, one cent per folio additional.

      For each certificate of the clerk under the seal of the district court or the county, one dollar.

      For making satisfaction of, or credit on, judgment, fifty cents.

      For filing and docketing abstract of judgment of a justice court, and issuing of execution thereon, one dollar and fifty cents.

      For filing and docketing abstract of judgment of a district court of another county, and for issuing execution thereon, two dollars and fifty cents.

      For all services in probate and guardianship proceedings up to and including the final settlement of the case, fifteen dollars (which shall include the court fee now provided by law), to be paid by the petitioner; provided, however, that for all services in probate proceedings in which the value of the estate is four hundred dollars, or less, no fee shall be charged (except the court fee now provided by law) for services up to and including the final settlement of the case.

      For filing a petition to contest any will or codicil or objections, or cross-petitions to the appointment of an executor, administrator, or guardian, or objection to the settlement of accounts, or any other proceeding in an estate or guardianship matter, seven dollars and fifty cents, to be paid by the moving or objecting party.

      For administering each oath or affirmation, without certificate (except in a pending action or proceeding, for which no charge shall be made), fifty cents.


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

ê1939 Statutes of Nevada, Page 29 (CHAPTER 32, AB 79)ê

 

      For taking any affidavit, except in pending suits, or in criminal cases, one dollar; if the affidavit be drawn by the clerk, thirty cents per folio additional.

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

      For taking acknowledgment of deeds, or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents.

      For filing each claim in probate or insolvency proceedings, twenty-five cents, to be paid by the party making such claim.

      For issuing a marriage license, two dollars (one-half of which shall be paid to the county recorder for recording the certificate of marriage when returned to his office).

      For filing, indexing, and recording (when required by law) articles of incorporation and certificates of copartnership and of association, ten dollars; if not to be recorded, seven dollars and fifty cents.

      For filing, indexing, and recording any and all papers which are not herein otherwise provided for, three dollars.

      For filing and indexing all papers to be kept by him, other than papers filed in actions or proceedings in court, and official bonds and certificates of appointment, one dollar.

      For recording and indexing any certificate or license issued by a state board, bureau, or department, one dollar.

      For issuing certified copies of naturalization papers (for use in land cases only), for the first papers, two dollars; for the final papers, four dollars, which said fees, as well as those allowed by law for services in relation to the location of, and settlement on, public lands, may be retained by the clerk and not accounted for.

      No fee shall be allowed to or charged by the clerk for any service rendered in any criminal case, nor against the state or county in any case wherein the state or county is a party plaintiff or defendant.

      In all proceedings begun or acts performed previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun, or acts performed, shall be charged and collected, until the termination 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 become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

Marriage licenses

 

Filing, etc., of corporate articles

 

 

 

 

 

 

 

 

 

 

 

 

No fees in criminal cases, etc.

 

Effective operation

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 30ê

CHAPTER 33, SB 4

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payment for book press for state printing office, $12,255

 

 

In effect

[Senate Bill No. 4–Senator Winters]

 

Chap. 33–An Act for the relief of the Miehle printing press and manufacturing company.

 

[Approved February 27, 1939]

 

      Whereas, There was an extension built to the Nevada state printing building during the year 1938, which was a PWA project, the state paying 55% and the federal government 45% of the cost; and

      Whereas, Included in the project is a new Brown folding machine; and

      Whereas, A new folding machine without an additional book press and cutter will not serve the purpose; and

      Whereas, The book press, folder, and cutter at present in use have had over thirty years of service; and

      Whereas, Printing has increased to such an extent in the Nevada state printing office it is impossible to make prompt delivery with the old equipment; and

      Whereas, The Miehle printing press and manufacturing company kindly consented to install what is known as a No. 46 unit book press, with automatic feeder and extension delivery, for the use of the 1939 legislative session, depending upon that body to make payment for the installation; and

      Whereas, The addition of a book press, folder, and cutter has made it possible for the pressroom of the Nevada state printing office to function satisfactorily for years to come; and

      Whereas, The superintendent of state printing has allowed to revert to the general fund during the past ten years $28,755, which was appropriated and not found necessary of expenditure during that period; and

      Whereas, The claim for the press has been presented to and acted upon favorably by the state board of examiners; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of twelve thousand, two hundred and fifty-five ($12,255) dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to pay the said claim of the Miehle printing press and manufacturing company, and the state controller is directed to draw his warrant for the said amount in favor of said Miehle printing press and manufacturing company, and the state treasurer is directed to pay the same.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 31ê

CHAPTER 34, AB 86

[Assembly Bill No. 86–Mr. Kennett]

 

Chap. 34–An Act to amend an act entitled “An act authorizing and empowering the several boards of county commissioners within the State of Nevada to fix the amount of expense money for traveling and subsistence per day of county and township officers, representatives, and employees while traveling on official business,” approved February 3, 1928.

 

[Approved February 27, 1939]

 

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 2207 N. C. L., is hereby amended so as to read as follows:

      Section 1.  When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed five dollars per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.

      Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties of this state are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County or township officers’ traveling expenses

 

 

 

 

 

Private conveyance

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


.…………………………………………………………………………………………………………………

ê1939 Statutes of Nevada, Page 32ê

CHAPTER 35, AB 39

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil actions; parties defendant

 

 

 

Joinder

 

 

 

 

Relief by court

 

 

 

Joinder in case of doubt

 

 

 

Repeal

In effect

[Assembly Bill No. 39–Committee on Judiciary]

 

Chap. 35–An Act to amend section 57 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 27, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 57 of the above-entitled act, being section 8556 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 57.  Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.

      And in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant.

      All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities.

      It shall not be necessary that each defendant shall be interested as to all relief prayed for, or as to every cause of action included in any proceeding against him; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceeding in which he may have no interest.

      Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties.

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

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 33ê

CHAPTER 36, AB 45

[Assembly Bill No. 45–Committee on Judiciary]

 

Chap. 36–An Act to amend section 295 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 8793 N. C. L. 1929.

 

[Approved February 27, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 295 of the above-entitled act, being section 8793 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 295.  An action may be dismissed, or a judgment of nonsuit entered, in the following cases:

      1.  By the plaintiff himself at any time before trial, upon the payment of costs, if a counterclaim has not been made or affirmative relief sought by the cross-complaint or answer of the defendant. The plaintiff as a condition to such dismissal shall pay to the clerk for the defendant such court fees as the defendant may have theretofore paid in such action to the clerk. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon.

      2.  By either party upon the written consent of the other.

      3.  By the court when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal.

      4.  By the court when upon trial and before the final submission of the case the plaintiff abandons it.

      5.  By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the court or jury. The dismissal mentioned in the first two subdivisions shall be made by an entry in the clerk’s register. Judgment may thereupon be entered accordingly. In every other case the judgment shall be rendered on the merits.

      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.

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil actions; dismissal and nonsuit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How entered, effect

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 34ê

CHAPTER 37, AB 84

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Traveling expenses; allowance when paid by state

 

 

 

 

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 84–Committee on Judiciary]

 

Chap. 37–An Act to amend an act entitled “An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith, approved February 3, 1928,” as amended Statutes 1931, 204; 1933, 184, 185.

 

[Approved February 27, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 6943 Nevada Compiled Laws, as amended, Statutes 1931, 204; 1933, 184, 185, is hereby amended so as to read as follows:

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

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

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 35ê

CHAPTER 38, AB 104

[Assembly Bill No. 104–Mr. Kennett]

 

Chap. 38–An Act to amend an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, as amended, by inserting a new section to be designated as section 17 1/2.

 

[Approved February 27, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 9495 to 9543, inclusive, N. C. L. 1929, is hereby amended by inserting therein a new section to follow section 17, to be designated as section 17 1/2, which said section shall read as follows:

      Section 17 1/2.  Every guardian, with the approval of the court, may compromise any claim, controversy, debt, or lien against the estate, or property of the ward, or any suit brought against the guardian, as such, by the transfer of any part or all of the assets of the estate, or otherwise.

      To obtain such approval, the guardian shall file a verified petition with the clerk of the court showing the advantages of the contemplated compromise.

      The clerk shall set the petition for hearing by the court, and notice thereof shall be given for a period of at least two weeks, which said notice shall be published in a newspaper of general circulation within the county where the property so affected, or any part thereof, is situated, at least once a week for two successive weeks, and shall cause a notice of said hearing to be posted at the courthouse where the proceedings are pending, and there shall be personally served upon the person having actual custody of the minor, notice of said hearing, at least five days prior thereof, if the petitioning guardian is not that person, and said minor resides within the State of Nevada; if no newspaper is published within the county where said property, or some part thereof is situated, then notice may be given by posting only, in three public places in said county, together with the personal service as hereinbefore mentioned.

      If under this section the court authorizes the transfer of the real property or personal property, or either, of the estate, conveyances shall be executed by the guardian, and they must refer to the order authorizing the transfer, and a certified copy of such order must be recorded in the office of the recorder of the county in which the real property or personal property, or either, or any portion thereof, is situated. Conveyances so made convey all of the right, title, interest and estate of the ward in the premises at the time of the conveyances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardians

Compromise

Authority from court

 

 

 

Procedure

 

 

 

 

 

 

 

 

 

 

Conveyance refers to order; copy of order recorded


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

ê1939 Statutes of Nevada, Page 36 (CHAPTER 38, AB 104)ê

 

Repeal

 

In effect

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

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

 

________

 

CHAPTER 39, SB 6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hoisting engineers; classes of licenses

 

 

 

 

 

 

 

 

 

Qualifications for respective classes

[Senate Bill No. 6–Senator Gibson]

 

Chap. 39–An Act to amend an act entitled “An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof,” approved March 22, 1921.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act, being section 4265 N. C. L. of 1929, is hereby amended to read as follows:

      Section 9.  Licenses issued under this act shall be divided in three classes-namely, first-class, second-class, and third-class. No person shall be granted a first-class license who has not taken and subscribed to an oath that he has had at least two years’ experience in the operation of at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. Second-class licenses shall be divided into two classes-namely, single drum and double drum, and any person who otherwise meets the legal requirements for the issuance of the second-class license shall not be refused the same by reason of the fact that he has had experience in the operation of hoisting machinery of the single-drum type only; provided, that each second-class license, when granted, shall designate whether it be for the operation of hoisting machinery of the single-drum or double-drum type; provided further, that no person shall be granted a second-class license who has not taken and subscribed to an oath and proved to the satisfaction of the board of examiners that he has had at least one year’s experience and that he is competent to operate at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery.


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

ê1939 Statutes of Nevada, Page 37 (CHAPTER 39, SB 6)ê

 

take charge of and operate such machinery. No person shall be granted a third-class license who has not taken and subscribed to an oath and proved to the satisfaction of the board of examiners that he has had sufficient experience and is competent to operate at least one of the engines named in section one of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery.

      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.

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 40, SB 26

[Senate Bill No. 26–Senator Getchell]

 

Chap. 40–An Act to provide for an oil portrait of Richard Kirman, ex-governor of the State of Nevada.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five hundred ($500) dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the procuring of a portrait of Richard Kirman, ex-governor of the State of Nevada, to be painted in oil colors, after the style and finish of the other portraits of ex-governors not in the capitol corridor, and to be uniform in the size therewith. A committee composed of three (3) members of the senate, to be appointed by the president of the senate, shall procure the portrait herein provided for, which shall be selected by and approved by the members of the family of the former governor.

      Sec. 2.  Upon the completion of the painting of said portrait the committee shall have the same suitably framed, similar to the one of ex-governor Bradley, and subject to the approval of the members of the family of our former governor.

      Sec. 3.  Upon the delivery of said portrait to the secretary of state and its acceptance by the committee, the state controller is hereby directed to draw his warrant in favor of the artist employed for the sum of five hundred ($500) dollars, and the state treasurer is hereby directed to pay the same. The said sum of five hundred ($500) dollars to be payment in full for the said portrait and frame.

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

 

 

 

 

 

 

 

 

 

 

Governor Kirman portrait

 

 

 

 

 

 

Frame

 

 

Payment for portrait, $500

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 38ê

CHAPTER 41, SB 33

 

 

 

 

 

 

 

 

 

 

 

 

Storey County clerk, fees

 

 

 

 

Plaintiff fees

 

 

Appeals

 

Defendant fees

 

Miscellaneous

 

 

 

 

 

On new trial motion

[Senate Bill No. 33–Senator Cobb]

 

Chap. 41–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of Storey County and ex officio clerk of the First judicial district court of the State of Nevada.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Storey County, Nevada, and ex officio clerk of the First judicial district court of the State of Nevada, in and for the county of Storey, shall charge and collect fees as follows; provided, however, that said clerk shall neither charge or collect any fees for services rendered to the State of Nevada, or Storey County, or any city or town within said county, or any officer thereof, in his official capacity:

      On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action, eleven dollars ($11), which shall include the court fee now provided by law.

      On an appeal to the district court, to be paid by the party taking such appeal, ten dollars ($10), which shall include the court fee now provided by law.

      On the appearance of any defendant, or any number of defendants, answering jointly, two dollars ($2). For each additional defendant appearing separately, two dollars ($2).

      For issuing an execution or order of sale in any action, one dollar ($1).

      For filing a notice of appeal and appeal bonds, one dollar ($1).

      For filing a complaint in intervention, five dollars ($5).

      The foregoing fee shall be in full for all services rendered by such clerk in the case to and including the making of the judgment roll.

      On the filing of any notice or motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with said motion, the sum of three dollars ($3).

      For all services performed in an action or proceeding which has been transferred from the district court of another county, ten dollars ($10); this fee shall be in full for all services rendered in such suit to and including the making of the judgment roll.

      On the filing of a petition for letters testamentary, or of administration or guardianship, fifteen dollars ($15), which shall include the court fee now provided by law; and provided further, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar ($1) for each one thousand dollars ($1,000) or major fraction thereof of the appraised value in excess of two thousand dollars ($2,000).


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

ê1939 Statutes of Nevada, Page 39 (CHAPTER 41, SB 33)ê

 

shall include the court fee now provided by law; and provided further, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar ($1) for each one thousand dollars ($1,000) or major fraction thereof of the appraised value in excess of two thousand dollars ($2,000).

      On filing a petition to contest any will, or codicil, five dollars ($5).

      For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, two dollars and fifty cents ($2.50).

      For filing each claim in probate proceedings, to be paid by the party filing the claim, twenty-five cents ($0.25).

      The clerk shall also charge and collect the following fees not above provided for:

      For a copy of any record or proceeding or paper on file in the office of the clerk, when such copy is made by him, twenty-five cents ($0.25) per folio.

      For examining and certifying to a copy of any paper or record, or proceeding, prepared by another and presented for his certificate, one dollar ($1) for the certificate, and ten cents ($0.10) per folio for comparing said copy with the original.

      For each certificate of the clerk under seal of the court, one dollar ($1).

      For filing and indexing articles of incorporation, two dollars and fifty cents ($2.50).

      For filing and indexing all certificates of copartnership, two dollars and fifty cents ($2.50).

      For filing and indexing all papers to be kept by him other than papers filed in actions and proceedings in court, and papers above enumerated, one dollar ($1); provided, that no fee shall be charged for filing official bonds of county or township officers.

      For making satisfaction of or credit on judgment, fifty cents ($0.50).

      For administering each oath, without certificate, except in an action on trial in court, fifty cents ($0.50).

      For taking an affidavit or acknowledgment, one dollar ($1).

      For taking and approving undertaking and justification thereof, one dollar ($1).

      For filing remittitur from supreme court, one dollar ($1).

      For searching files in his office for each year, fifty cents ($0.50).

      The clerk shall also charge and collect all other fees provided by law, not above enumerated or constituting a part of proceedings instituted in the district court of Storey County; provided further, that no fees shall be charged or collected in criminal proceedings.

Probate and guardianship

 

 

 

 

 

 

 

 

Copies

 

 

 

 

Certificate with seal

Corporate articles

 

 

 

 

 

 

 

 

Giving oaths

 

 

 

 

 

Other lawful fees


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

ê1939 Statutes of Nevada, Page 40 (CHAPTER 41, SB 33)ê

 

 

Court fee included

 

Pay over fees

 

Repeal

 

In effect

Proviso

 

Effective operation

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

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

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

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

 

________

 

CHAPTER 42, SB 38

 

 

 

 

 

 

 

 

 

Cole-Malley fund covered into treasury

 

 

 

 

In effect

[Senate Bill No. 38–Committee on Ways and Means]

 

Chap. 42–An Act relating to the fiscal affairs of the State of Nevada.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrant in favor of the state treasurer in the amount of $29,917.50, and charge the same against the Malley-Cole deficiency fund.

      Sec. 2.  All moneys received after February 8, 1939, by the state treasurer which result from accruals to the Malley-Cole deficiency fund, from tax levies or from accruals of any nature whatsoever, shall be placed in the general fund.

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

 

________

 

CHAPTER 43, SB 39

 

 

 

 

 

 

 

 

 

Closed bank deficiency fund covered into treasury

[Senate Bill No. 39–Committee on Ways and Means]

 

Chap. 43–An Act relating to the fiscal affairs of the State of Nevada.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrant in favor of the state treasurer in the amount of $85,748.80 and charge the same against the special general fund, also known as the closed banks deficiency fund.


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

ê1939 Statutes of Nevada, Page 41 (CHAPTER 43, SB 39)ê

 

      Sec. 2.  The state controller is hereby authorized to transfer any balance in said fund to the general fund.

      Sec. 3.  All moneys received after February 8, 1939, by the state treasurer which result from accruals to the special general fund, from tax levies or from accruals of any nature whatsoever, shall be placed in the general fund.

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

 

 

 

 

 

In effect

 

________

 

CHAPTER 44, SB 40

[Senate Bill No. 40–Committee on Ways and Means]

 

Chap. 44–An Act relating to the fiscal affairs of the State of Nevada.

 

[Approved March 1, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to transfer $6,523.54 from the University of Nevada bond redemption fund to the general fund.

      Sec. 2.  Any moneys received by the state treasurer which result from tax levies or accruals of any nature whatsoever for the University of Nevada bond redemption fund after February 9, 1939, shall be placed in the general fund.

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

 

 

 

 

 

 

 

 

 

University bond redemption fund covered into treasury

 

 

In effect

 

________

 

CHAPTER 45, AB 127

[Assembly Bill No. 127–Washoe County Delegation]

 

Chap. 45–An Act authorizing and empowering the board of county commissioners of Washoe County, State of Nevada, to convey a certain parcel of real estate to the United States of America and reserving to the State of Nevada civil and criminal jurisdiction and the right of taxation thereon.

 

[Approved March 4, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Washoe County, Nevada, is hereby authorized and granted the power to dispose, transfer and convey to the United States of America, with or without compensation and upon such terms as said board may determine, the following-described lands situate in said Washoe County, Nevada, to wit: Commencing at the intersection of the north and south line on the east side of the NW 1/4 of SE 1/4 of section 12, T. 19 N., R. 19 E., M. D. B. & M., and the south side of Second street as extended through the east city limits of Reno, Nevada; thence southerly along the east line of the NW 1/4 of SE 1/4,

 

 

 

 

 

 

 

 

 

 

 

 

Washoe County, lands of; authority for conveyance to U. S.


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

ê1939 Statutes of Nevada, Page 42 (CHAPTER 45, AB 127)ê

 

 

 

 

 

 

 

 

 

For a public use

 

Tax power and jurisdiction retained

 

 

 

 

In effect

as extended through the east city limits of Reno, Nevada; thence southerly along the east line of the NW 1/4 of SE 1/4, section 12, 726 feet; thence westerly paralleling said Second street 300 feet; thence northerly paralleling the east line of the NW 1/4 of SE 1/4, section 12, 726 feet, to the south side of said Second street; thence easterly along the south side of said Second street 300 feet to the place of commencing, containing 5.00 acres, more or less, for and in consideration of the agreement by the United States Government to construct a garage and repair shop thereon to be used by the various governmental agencies of the United States and to maintain the same; provided, however, that said conveyance shall be conditioned that the land conveyed shall be for a public use; and provided further, that the State of Nevada reserves the right to tax persons and corporations and their property situate on said lands pursuant to its tax and revenue laws, and said state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the said lands except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its law.

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

 

________

 

CHAPTER 46, AB 130

 

 

 

 

 

 

 

 

 

 

 

 

 

Esmeralda County; transfer from interest and sinking fund

 

In effect

[Assembly Bill No. 130–Mr. Fee]

 

Chap. 46–An Act authorizing and empowering the county commissioners of Esmeralda County, Nevada, to transfer certain sums of money from the “Interest and Sinking Fund” of such county to the “County Road Fund” of said county, and other matters properly connected therewith.

 

[Approved March 4, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the county commissioners of Esmeralda County, Nevada, are hereby authorized and empowered to transfer from the “Interest and Sinking Fund” of said county to the “County Road Fund” of said county all sums of money now remaining in said “Interest and Sinking Fund.”

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 43ê

CHAPTER 47, AB 8

[Assembly Bill No. 8–Committee on Banks and Banking]

 

Chap. 47–An Act to amend the title of and to amend an act entitled “An act to authorize banks, building and loan associations, insurance companies, the State of Nevada, and any city or county or instrumentality thereof, and other financial institutions to make and insure loans, advances of credit and purchases in accordance with the provisions of an act of Congress entitled ‘National Housing Act,’ approved by the president on June twenty-seven, nineteen hundred thirty-four, and the amendments thereto, to exempt such loans, advances of credit and purchases from the application of general statutes, articles of incorporation and bylaws, and to confirm and validate prior transactions, and permitting the use of such loans, advances of credit and purchases as security by any depositary of public funds and as other collateral,” as amended and approved March 17, 1937.

 

[Approved March 4, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act, being chapter 75 of the Statutes of 1937, approved March 17, 1937, is hereby amended to read as follows: An act to authorize banks, trust companies, building and loan associations, insurance companies, trustees, executors, administrators, guardians, and other fiduciaries, the State of Nevada and any city or county or instrumentality thereof, and other financial institutions, to make and insure loans, advances of credit and purchases as are eligible for insurance by the federal housing administrator, and to invest in securities of national mortgage associations and in debentures issued by the federal housing administrator, to exempt such loans, advances of credit and purchases from the application of general statutes, articles of incorporation and bylaws, and to confirm and validate prior transactions, and permitting the use of such loans, and other securities as security by any depositary of public funds, and as other collateral.

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

      Section 1.  Subject to such regulations as may be prescribed by the federal housing administrator, banks, trust companies, building and loan associations, insurance companies, trustees, executors, administrators, guardians, and other fiduciaries, the State of Nevada and any city or county or instrumentality thereof, and other financial institutions, are authorized:

      (a) To make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State act affecting national housing projects; title amended

 

 

 

 

 

 

 

 

 

 

Authority and permission given certain agencies and persons


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

ê1939 Statutes of Nevada, Page 44 (CHAPTER 47, AB 8)ê

 

 

 

 

Loans and investments

 

 

 

 

 

Eligible collateral

 

 

 

 

In effect

credit, as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

      (b) To make such loans secured by mortgage on real property as are eligible for insurance by the federal housing administrator, and to obtain such insurance.

      (c) To purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the federal housing administrator, securities of national mortgage associations, and debentures issued by the federal housing administrator.

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

      Section 4.  Wherever collateral must or may be furnished by any depositary of the State of Nevada as security for the deposit of any funds whatsoever, or wherever collateral must or may be deposited with any official of the State of Nevada pursuant to any statute of this state, notes and bonds insured and debentures issued by the federal housing administrator and obligations of national mortgage associations shall be considered eligible collateral for such purposes.

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

 

________

 

CHAPTER 48, AB 96

 

 

 

 

 

 

 

 

 

 

 

 

University regents authorized to convey certain property

[Assembly Bill No. 96–Mr. Brooks]

 

Chap. 48–An Act authorizing and directing the board of regents of the University of Nevada to deliver a deed for certain property to Robert R. Prescott of Washoe County, Nevada.

 

[Approved March 6, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the payment of seventy-five ($75) dollars to the board of regents of the University of Nevada by Robert R. Prescott of Washoe County, Nevada, the board of regents of the University of Nevada are hereby authorized and directed to make, execute, and deliver to Robert R. Prescott of Washoe County, Nevada, a good and sufficient deed to the following-described real estate situated in Washoe County, Nevada, subject, however, to the right-of-way of the Orr Ditch and Water Company through and across said property and subject to all rights of said Orr Ditch and Water Company to enter upon said property to maintain, clean, and repair said ditch:

      A certain parcel or strip of land which lies and is within the SE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., and more fully described as follows to wit:


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

ê1939 Statutes of Nevada, Page 45 (CHAPTER 48, AB 96)ê

 

      Commencing at the south 1/4 section corner of section 2, T. 19 N., R. 19 E., Mt. Diablo Base and Meridian; thence running N. 23° 50′ E. 698.9 feet; thence N. 76° 12′ E. 1059.7 feet; thence N. 62° 48′ E. 148.3 feet; thence N. 35° 34′ E. 377.9 feet along the northwesterly side of Evans avenue to the point of beginning of the parcel of land to be hereinafter described, said point of beginning being about 135 feet along the northwesterly side of Evans avenue from the Evans avenue bridge over the Orr ditch; thence from said point of beginning N. 35° 34′ E. 28.1 feet to the extreme east corner of that portion of the University of Nevada grounds lying along and adjacent to the northwesterly side of Evans avenue; thence N. 17° 07′ W. 97 feet to the south bank of the Orr ditch; thence S. 68° 28′ W. 33.53 feet; thence S. 22° 48′ E. 112.0 feet to the point of beginning; said parcel of ground lying entirely in the SE 1/4 of section 2, T. 19 N., R. 19 E., M. D. B. & M., and in the city of Reno, Nevada, and containing approximately .068 acre.

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

Description of property

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 49, AB 202

[Assembly Bill No. 202–Lyon County Delegation]

 

Chap. 49–An Act to authorize the board of county commissioners of Lyon County to transfer money from the general fund as an emergency loan to unincorporated towns situated in Lyon County in certain cases, and providing for the repayment thereof to said general fund.

 

[Approved March 6, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any unincorporated town in Lyon County, State of Nevada, which has or which may hereafter authorize a temporary loan for the purpose of meeting any great necessity or emergency, and after the approval of such emergency resolution by the state board of finance, may apply to the board of county commissioners of Lyon County for a transfer from the general fund of the county money sufficient to handle said emergency; and upon such application being made the board of county commissioners of Lyon County may, when in its judgment the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general fund of the county, authorize a transfer of and loan from said general fund of the county money sufficient to handle said emergency.

      Sec. 2.  Repayment of emergency loans to the general fund of Lyon County shall be made within four years,

 

 

 

 

 

 

 

 

 

 

 

 

Lyon County commissioners authorized to loan general funds to towns in county


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

ê1939 Statutes of Nevada, Page 46 (CHAPTER 49, AB 202)ê

 

Repayment; tax levy required

 

 

 

 

 

 

In effect

of Lyon County shall be made within four years, it being hereby made the duty of the governing board of any unincorporated town which has created any emergency indebtedness to levy a tax sufficient to pay the same over a period of not to exceed four years, which shall be designated “Town of..........................Emergency Tax,” the proceeds of which shall be placed in an emergency fund in the treasury of the county and used solely for the purpose of maturing and redeeming the emergency loan for which the same is levied.

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

 

________

 

CHAPTER 50, SB 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County boards of education; traveling and living expenses

 

 

Provisos

 

 

 

 

Repeal

 

In effect

[Senate Bill No. 17–Senator Bell]

 

Chap. 50–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended, by inserting a new section to be designated as section 178a.

 

[Approved March 6, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 5650 to 5867 N. C. L. of 1929, is hereby amended by inserting a new section thereto to be designated as section 178a, to follow immediately after section 178, to read as follows:

      Section 178a.  Members of county boards of education shall be allowed their traveling expenses at the rate of seven and one-half cents per mile in traveling each way from and to their homes to and from the place where board meetings are held, and shall be allowed their actual living expenses necessarily incurred while in attendance at such board meetings at not to exceed $4 per day while in actual attendance, which said mileage and per diem shall be allowed and paid in like manner as are other claims against the county high school fund; provided, no mileage or per diem for living expenses shall be allowed or paid to members residing not more than five miles from the place where board meetings are held; provided further, no mileage or per diem for living expenses shall be allowed or paid to any member for more than ten days’ attendance at board meetings in any one fiscal year.

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

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 47ê

CHAPTER 51, SB 57

[Senate Bill No. 57–Senator Wittenberg]

 

Chap. 51–An Act empowering, authorizing, and directing the board of county commissioners of Nye County, State of Nevada, acting as the town board of the town of Tonopah, an unincorporated town, in Nye County, State of Nevada, to make, execute, and deliver to the United States of America a deed in fee simple to certain real estate within the limits of said town of Tonopah, Nye County, State of Nevada, for the purpose of erection thereon of a post office and federal building, and for such other and further uses in connection therewith as may be proper, and other matters properly relating thereto.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Nye County, State of Nevada, acting as the town board of the town of Tonopah, an unincorporated town, in Nye County, State of Nevada, through its proper officers, is hereby empowered, authorized, and directed to make, execute, and deliver, upon such terms as may be agreed upon, to the United States of America, for the purpose of erection thereon of a post office and federal building and for other purposes, a good and sufficient deed conveying to the United States of America in fee simple absolute, subject to certain mining rights as reserved in said land, the following-described real property, situate within the limits of the town of Tonopah, Nye County, State of Nevada, to wit:

      All of lot 7 of block D of the said town of Tonopah, Nye County, State of Nevada, now being used as a street and being a part of Bryan avenue of said town of Tonopah, Nye County, State of Nevada, also a portion of St. Patrick street, being approximately 10 feet of St. Patrick street of the said town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately 10 feet of said St. Patrick street, as adjoins and extends along the westerly ends of lots 5, 6, 7, and 5 feet of lot 8, all in block D of the said town of Tonopah, Nye County, State of Nevada, as shown and delineated upon the Walter C. Gayhart survey plat of said town of Tonopah, Nye County, State of Nevada, on file in the office of the county recorder of Nye County, State of Nevada, and as shown and delineated upon the W. V. Richardson survey map of said town of Tonopah, Nye County, State of Nevada, as approved by the board of county commissioners of Nye County, State of Nevada, on July 2, 1907.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tonopah post office; deed for site


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

ê1939 Statutes of Nevada, Page 48 (CHAPTER 51, SB 57)ê

 

Repeal

In effect

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

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

 

________

 

CHAPTER 52, SB 52

 

 

 

 

 

 

 

 

 

 

 

Tonopah post office lands; consent to transfer

 

 

Description of property

[Senate Bill No. 52–Senator Wittenberg]

 

Chap. 52–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 Tonopah, Nevada.

 

[Approved March 10, 1939]

 

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 the site for a post office and federal building in the town of Tonopah, Nye County, State of Nevada:

      Beginning at a point on the westerly side of Main street, town of Tonopah, Nye County, State of Nevada, said point being the southeast corner of block D, as shown and delineated on the Walter C. Gayhart survey plat of said town of Tonopah, Nye County, State of Nevada, on file in the office of the county recorder of Nye County, State of Nevada, and as shown and delineated on the W. V. Richardson survey map of said town of Tonopah, Nye County, State of Nevada, as approved by the board of county commissioners July 2, 1907; thence north forty-eight degrees eleven minutes west one hundred twenty feet to the southeast corner of lot number five of said block D, which is the southeast corner of the proposed site for the post office and federal building; thence north forty-eight degrees eleven minutes west ninety feet to the northeast corner of the proposed site for the post office and federal building, said northeast corner being located in lot eight of said block D; thence south forty-one degrees forty-nine minutes west one hundred ten feet to the northwest corner of the proposed site for the post office and federal building; thence south fifty-one degrees twelve minutes east ninety feet to the southwest corner of the proposed site for the post office and federal building; thence north forty-one degrees forty-nine minutes east one hundred six feet to the southeast corner of the proposed site for the post office and federal building, the place of beginning; being a tract of land on the westerly side of Main street of the town of Tonopah, Nye County, State of Nevada, with a frontage of approximately ninety feet on Main street, extending westwardly one hundred ten feet to the easterly side of St. Patrick


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

ê1939 Statutes of Nevada, Page 49 (CHAPTER 52, SB 52)ê

 

land on the westerly side of Main street of the town of Tonopah, Nye County, State of Nevada, with a frontage of approximately ninety feet on Main street, extending westwardly one hundred ten feet to the easterly side of St. Patrick street of said town of Tonopah, Nye County, State of Nevada; also being described as lots 5, 6, 7, and easterly five feet of lot 8, in block D, town of Tonopah, county of Nye, State of Nevada, and a portion, to wit, approximately ten feet of St. Patrick street of the said town of Tonopah, Nye County, State of Nevada, and being that certain footage to a depth of approximately ten feet of said St. Patrick street, as adjoins and extends along the westerly ends of said lots 5, 6, 7, and five feet of lot 8, all in block D.

      Sec. 2.  The exclusive jurisdiction in all the land described is hereby ceded to the United States for all purposes except the service thereon of all civil and criminal processes of the courts of this state, but the jurisdiction so ceded shall continue no longer than the said United States shall own such land; and so long as the said land shall remain the property of the United States and no longer, the same shall be exempt and continue exempt and exonerated from all state, county, and municipal assessments, 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.

Description of property

 

 

 

 

 

 

 

 

Jurisdiction ceded; conditions

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 53, SB 43

[Senate Bill No. 43–Committee on Ways and Means]

 

Chap. 53–An Act directing the state board of control to purchase additional chairs for the legislative chambers, and making an appropriation therefor.

 

[Approved March 10, 1939]

 

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 directed to purchase additional chairs for the legislative chambers.

      Sec. 2.  The sum of four hundred ($400) dollars, or so much thereof as may be required to carry out the provisions of section 1, is hereby appropriated out of any funds not otherwise appropriated.

 

 

 

 

 

 

 

 

 

 

Chairs for legislators

 

________

 

 


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

ê1939 Statutes of Nevada, Page 50ê

CHAPTER 54, AB 59

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Rebate on taxicab licenses

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 59–Mr. Brown]

 

Chap. 54–An Act to provide for the reimbursement of certain persons for the payment of licenses that were reduced after the payment thereof.

 

[Approved March 10, 1939]

 

      Whereas, The legislature of the State of Nevada, thirty-eighth session, lowered the license rates for taxicab licenses to the flat rate of twenty-five ($25) dollars; and

      Whereas, Under the then existing law it was necessary for all taxicab owners to pay their licenses previous to the passage of said act; and

      Whereas, Thereby each person in the State of Nevada who had paid his license required by the prior law is entitled to be reimbursed for three-fourths (3/4) of the amount of the reduction as between the license rate of 1936 and the license law now enacted; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person in the State of Nevada having prior to the date of said enactment paid a license under the provisions of the then existing law for the entire period of 1937 shall be entitled to file with the public service commission of the State of Nevada his statement and affidavit thereto setting out the amount of the tax paid and the amount subject to reimbursement by reason of the enactment by the thirty-eighth session.

      Sec. 2.  Upon the receipt of such statements by the public service commission of the State of Nevada and a determination in said office of the specific sum to which any applicant may be entitled as a refund, the public service commission of the State of Nevada is hereby directed to certify the same to the state controller of the State of Nevada, and the state controller is directed to draw his warrant upon the treasurer of the State of Nevada for the sum to which the applicant is certified to be entitled, and the treasurer is hereby directed to pay the same out of state highway funds in the state treasury not otherwise especially appropriated.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 51ê

CHAPTER 55, AB 111

[Assembly Bill No. 111–Mr. Richard]

 

Chap. 55–An Act to repeal an act entitled “An Act providing for the payment of bounties for the destruction and eradication of predatory animals, prescribing the manner of payment, providing for cooperation with the federal government in such eradication by bounty payments, other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” enacted pursuant to direct vote of the people, general election, November 6, 1934.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act providing for the payment of bounties for the destruction and eradication of predatory animals, prescribing the manner of payment, providing for cooperation with the federal government in such eradication by bounty payments, other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” enacted pursuant to direct vote of the people, general election, November 6, 1934, same being chapter 2 Statutes of Nevada 1935, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal bounty; repeal

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 56, AB 237

[Assembly Bill No. 237–Washoe County Delegation]

 

Chap. 56–An Act to empower county commissioners of counties in the State of Nevada having a population of fifteen thousand or more to employ a county statistician and appraiser, defining his duties, and authorizing the county commissioners to fix his compensation and such other matters pertaining thereto.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of any county in the State of Nevada having a population of fifteen thousand or more are hereby empowered to employ a county statistician whose duties shall be to gather such statistics as are required for the board of county commissioners to enable them to properly obtain appraisals and data required by them in the discharge of their duties as county commissioners, and as a board of equalization, and in the performance of such other duties as are conferred upon them by law, and to fix his salary in such sum or sums as they may deem just and proper, not to exceed two hundred ($200) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.

 

 

 

 

 

 

 

 

 

 

 

 

Appraisers; employment in certain counties


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

ê1939 Statutes of Nevada, Page 52 (CHAPTER 56, AB 237)ê

 

 

 

 

Repeal

 

In effect

and proper, not to exceed two hundred ($200) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.

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

      Sec. 3.  This act is declared to be an emergency measure. This act shall take effect and be in full force from and after its passage and approval.

 

________

 

CHAPTER 57, AB 238

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City and county fire risk protection

 

 

 

 

 

 

 

 

 

 

Written agreements

 

 

 

 

In effect

[Assembly Bill No. 238–Washoe County Delegation]

 

Chap. 57–An Act authorizing county commissioners in the various counties of the State of Nevada to cooperate with city fire departments for the protection of property and the prevention of fires; providing for the funds necessary therefor, and defining the duties of city councils and boards of county commissioners in relation thereto.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the various counties of this state, wherein are located city fire departments, are hereby authorized and empowered to enter into cooperative agreements with the city council of the respective cities, whereby the city fire department may be enabled to use its personnel and equipment, upon such terms and agreements, and within such areas within said county beyond the city limits of the city concerned, as may be determined, for the protection of property and for the prevention and suppression of fire.

      Sec. 2.  The expenses incident and necessary for the participation of counties in such agreements with cities, as provided in section 1 hereof, shall be paid out of the general fund of such counties, and the county commissioners of any county acting under the terms of this act shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this act, and budget the same in all respects as other items of the budget may be made.

      Sec. 3.  All agreements for cooperation between counties and cities in pursuance of this act shall be evidenced by written agreements made and entered into by the city council and the county commissioners interested, and the same shall be spread upon the minutes of the meetings of each of said bodies at the time of the adoption thereof.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 53ê

CHAPTER 58, AB 123

[Assembly Bill No. 123–Mr. Loomis]

 

Chap. 58–An Act prohibiting the use of certain canes, except by blind persons, providing protection against accidents to such persons, and providing penalties for violations thereof.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  No person, except those wholly or partially blind, shall carry or use on any street, highway, or in any other public place a cane or walking stick which is white in color, or white tipped with red.

      Sec. 2.  Any pedestrian who is not wholly or partially blind, or any driver of a vehicle who approaches or comes in contact with a person wholly or partially blind, carrying a cane or walking stick white in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind.

      Sec. 3.  Any person other than a person wholly or partially blind who shall carry a cane or walking stick such as is described in this act, contrary to the provisions of this act, or who shall fail to heed the approach of a person carrying such a cane as is described by this act, or who shall fail to come to a stop upon approaching or coming in contact with a person so carrying such a cane or walking stick, or who shall fail to take precaution against accident or injury to such a person after coming to a stop, as provided for herein, is guilty of a misdemeanor.

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

 

 

 

 

 

 

 

 

 

 

 

White cane reserved for blind

 

 

 

 

 

 

Penalty

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 59, AB 50

[Assembly Bill No. 50–Committee on Judiciary]

 

Chap. 59–An Act to amend sections 358, 359, and 360 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 sections 8856, 8857, and 8858 N. C. L. 1929.

 

[Approved March 10, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 358 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 8856 of N. C. L. 1929,

 


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

ê1939 Statutes of Nevada, Page 54 (CHAPTER 59, AB 50)ê

 

 

 

 

Judicial sales; redemption liens protected

 

 

 

 

 

 

 

Successive redemption

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conveyance, when given

as amended, being section 8856 of N. C. L. 1929, be and the same is hereby amended so as to read as follows:

      Section 358.  The judgment debtor or redemptioner may redeem the property from the purchaser any time within one year after the sale on paying the purchaser the amount of his purchase price with one percent per month thereon in addition, to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount; and if the purchaser be also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which said purchase was made, the amount of such lien, with interest.

      Sec. 2.  Section 359 of the above-entitled act is hereby amended so as to read as follows:

      Section 359.  If property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption, again redeem it from the last redemptioner on paying the sum paid on such last redemption with two percent thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after the redemption by him, with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within sixty days after the last redemption, on paying the sum paid on the last previous redemption, with two percent thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest. Written notice of redemption must be given to the sheriff and a duplicate filed with the recorder of the county; and if any taxes or assessments are paid by the redemptioner, or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder; and if such notice be not filed, the property may be redeemed without paying such tax, assessment, or lien. If no redemption be made within one year after the sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed, and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff’s deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.


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

ê1939 Statutes of Nevada, Page 55 (CHAPTER 59, AB 50)ê

 

have the entire period of one year from the date of the sale to redeem the property. If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the sale is terminated, and he is restored to his estate. Upon a redemption by the debtor, the person to whom the payment is made must execute and deliver to him a certificate of redemption, acknowledged or approved before an officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the office of the recorder of the county in which the property is situated, and the recorder must note the record thereof in the margin of the record of the certificate of sale.

      Sec. 3.  Section 360 of the above-entitled act is hereby amended to read as follows:

      Section 360.  The payments mentioned in the last two sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency, payments must be made in the same kind of money or currency, and a tender of the money is equivalent to payment. A redemptioner must serve with his notice to the sheriff or the person from whom he seeks to redeem and serve with his notice to the sheriff:

      1.  A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court or of the county where the judgment is docketed, or, if he redeems upon a mortgage or other lien, a note of the record thereof, certified by the recorder.

      2.  A copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or his agent, or of a subscribing witness thereto.

      3.  An affidavit by himself, or his agent, showing the amount then actually due on the lien.

      Upon the payment to the sheriff of any money for the redemption of property, as provided in this act, the sheriff shall pay over the same to the person entitled thereto.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Payment of redemption money

 

 

 

 

 

Notice; contents of

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 56ê

CHAPTER 60, SB 9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Support for university assaying service

 

 

In effect

[Senate Bill No. 9–Senator Getchell]

 

Chap. 60–An Act to amend section 5 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887, approved March 16, 1895,” as amended in 1925 and 1933.

 

[Approved March 13, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being chapter 117, page 148, of the Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 5.  For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada the sum of three thousand ($3,000) dollars, for the biennium from June 30, 1939, to June 30, 1941, to be paid out upon the order of the president of the University of Nevada, and allowed as other claims against the State of Nevada.

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

 

________

 

CHAPTER 61, SB 48

 

 

 

 

 

 

 

 

 

 

 

 

 

G. A. R. graves; care of

[Senate Bill No. 48–Senator Winters]

 

Chap. 61–An Act making an annual appropriation of one hundred fifty ($150) dollars for the watering and care of the Grand Army of the Republic cemetery at Carson City, Nevada, and providing funds for the purchase of flags for decorating the graves therein.

 

[Approved March 13, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and fifty ($150) dollars annually is hereby appropriated, out of any money in the general fund not otherwise appropriated, for the purpose of watering and caring for the Grand Army of the Republic cemetery at Carson City, Nevada, and providing funds for the purchase of flags for decorating the graves therein.

      Sec. 2.  Annually on the first Monday in September each year hereafter, the state board of examiners shall audit and allow to the treasurer of Custer Relief Corps No. 15, at Carson City, Nevada, the sum of one hundred and fifty ($150) dollars on the filing with said board of examiners by said relief corps treasurer the claims and sworn statement that the amount has been expended as provided in section 1 of this act.


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

ê1939 Statutes of Nevada, Page 57 (CHAPTER 61, SB 48)ê

 

      Sec. 3.  The state controller is hereby authorized and required to draw his warrants in favor of said relief corps treasurer for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same.

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

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

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 62, SB 112

[Senate Bill No. 112–Senator Robbins]

 

Chap. 62–An Act to create an additional legislative fund.

 

[Approved March 13, 1939]

 

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 fifteen thousand dollars ($15,000) 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.

 

 

 

 

 

 

 

 

 

Legislative fund supplement

 

 

 

 

 

 

 

 

 

Reversion

 

In effect

 

________

 

CHAPTER 63, SB 41

[Senate Bill No. 41–Senator Wittenberg]

 

Chap. 63–An Act to provide further clerical and typist help for the office of the state controller, and make appropriation therefor.

 

[Approved March 14, 1939]

 

      Whereas, By reason of the enactment of the social security act by the legislature of 1937, a vast amount of work was forced upon the state controller, in addition to the regular office duties, in caring for the old-age assistance payments, unemployment payments, and all the other divisions set up by such social security act; and

 

 

 

 

 

 

 

 

Preamble


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

ê1939 Statutes of Nevada, Page 58 (CHAPTER 63, SB 41)ê

 

 

 

 

 

 

 

 

 

 

 

State controller; typist for

 

 

 

In effect

unemployment payments, and all the other divisions set up by such social security act; and

      Whereas, Further, by reason of the above-stated facts the present force of the state controller’s office is inadequate to promptly and efficiently handle the various matters having to pass through this office; therefore, be it enacted:

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to employ an additional clerk-typist to partly relieve the present force in the caring for this additional burden, at a salary not to exceed eighteen hundred ($1,800) dollars per annum, payable in twelve (12) equal monthly installments, and there is hereby appropriated for the above purpose, out of any funds not otherwise appropriated, the sum of thirty-six hundred ($3,600) dollars for the biennium beginning July 1, 1939, and ending June 30, 1941.

      Sec. 2.  This act shall be in effect from the date of its passage and approval.

 

________

 

CHAPTER 64, Senate Substitute for Assembly Bill No. 52

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance companies; tax on premiums

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

 

Chap. 64–An Act to amend an act entitled “An act relating to insurance companies, providing a tax on premiums thereof, and other matters relating thereto,” approved March 28, 1933.

 

[Approved March 14, 1939]

 

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 88 Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 1.  Every insurance company or association of whatsoever description, except fraternal or labor insurance companies, or societies, operating through the means of a lodge system, or systems, doing an insurance business in this state, shall annually pay to the state controller, as insurance commissioner of the State of Nevada, a tax of two (2%) percent upon the total premium income from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks; provided, that there shall be deducted from such tax on premiums the amount of any county and municipal taxes paid by such companies or associations on real estate owned by them in this state; provided further, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.


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

ê1939 Statutes of Nevada, Page 59 (CHAPTER 64, Senate Substitute for Assembly Bill No. 52)ê

 

paid by such companies or associations on real estate owned by them in this state; provided further, that the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.

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

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

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 65, AB 168

[Assembly Bill No. 168–Mr. Richard]

 

Chap. 65–An Act to provide further clerical and typist help for the office of the state treasurer, and make appropriation therefor.

 

[Approved March 14, 1939]

 

      Whereas, By reason of the enactment of the social security act by the legislature of 1937, a vast amount of work was forced upon the state treasurer, in addition to the regular office duties, in caring for the old-age assistance payments, unemployment payments, and all the other divisions set up by such social security act; and

      Whereas, Further, by reason of the above-stated facts, the present force of the state treasurer’s office is inadequate to promptly and efficiently handle the various matters having to pass through this office; therefore, be it enacted:

 

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

Assembly, do enact as follows:

 

      Section 1.  The state treasurer is hereby authorized to employ an additional clerk-typist to partly relieve the present force in the caring for this additional burden, at a salary not to exceed fifteen hundred ($1,500) dollars per annum, payable in twelve (12) equal monthly installments, and there is hereby appropriated for the above purpose, out of any funds not otherwise appropriated, the sum of three thousand ($3,000) dollars for the biennium beginning July 1, 1939, and ending June 30, 1941.

      Sec. 2.  This act shall be in effect from the date of its passage and approval.

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

Treasurer; typist for

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 60ê

CHAPTER 66, SB 69

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Execution; property reached

 

 

 

 

 

Spendthrift trusts exempted

 

 

 

 

 

Repeal

[Senate Bill No. 69–Senator Dressler]

 

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, in respect of section three hundred forty-five thereof (N. C. L. 8843), and to repeal all other acts in conflict herewith.

 

[Approved March 14, 1939]

 

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, in respect of section 345 thereof, by amending said section 345 so as to make said section read as follows, to wit:

      Section 345.  All goods, chattels, moneys, and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, shall be liable to execution. Shares and interests in any corporation or company, and debts and credits and other property not capable of manual delivery, may be attached in execution, in like manner as upon writs of attachments. Gold dust and bullion shall be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property shall not be affected by the execution. This act does not authorize the seizure of, or other interference with, any money, thing in action, lands, or other property held in spendthrift trust for a judgment debtor, or held in such trust for any beneficiary, pursuant to any judgment, order or process of any bankruptcy or other court directed against any such beneficiary or his trustee, where the trust has been created by, or the fund so held in trust has proceeded from, any person other than the judgment debtor or beneficiary himself.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 61ê

CHAPTER 67, AB 135

[Assembly Bill No. 135–Committee on Livestock]

 

Chap. 67–An Act to provide for cooperation of state and county officers and agencies with the federal government in relation to grazing lands, for the disposition of money received from the federal government, for the creation of state grazing boards to direct and guide disposition of such moneys, and defining their powers and duties, providing for certain duties by state and county officials, and other matters relating thereto.

 

[Approved March 14, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934, and hereinafter referred to as the “Taylor Grazing Act,” provides for the cooperation of the secretary of the interior of the United States with state and other officials and associations, and for the payment to the state by the secretary of the treasury of the United States of certain moneys representing a percentage of (1) grazing fees collected from stockraisers for grazing use of areas within the various grazing districts created under the provisions of the said Taylor grazing act, and (2) lease charges collected from stockraisers leasing certain specific tracts lying outside any such grazing districts. For the purpose of brevity and clarification, these two different sources of the funds paid to the state are hereinafter referred to, respectively, as “funds derived from grazing fees” and “funds derived from grazing leases.”

      Sec. 2.  All moneys received by the state to the present time and hereafter under the provisions of the said Taylor grazing act shall be deposited at once in the state treasury in a special fund to be designated “The Nevada Taylor Grazing Act Range Improvement Fund.” Thereafter, without unnecessary delay, the proper state officers authorized by statute to administer, control and disburse state funds in general, shall take such steps and perform such acts as may be necessary to determine what part of the said funds were derived from grazing fee collections and what part were derived from grazing fee collections and what part were derived from grazing lease charges, from each grazing district or county concerned, as the case may be, and then to apportion and distribute the said Nevada Taylor grazing act range improvement fund as follows:

      That part of the said fund derived from grazing fee collections from each Taylor grazing act grazing district concerned shall be apportioned and distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of Grazing District No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grazing; administration of

 

 

 

 

 

 

 

 

 

 

 

 

Allocation of funds


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

ê1939 Statutes of Nevada, Page 62 (CHAPTER 67, AB 135)ê

 

Disposal of funds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grazing boards

shall be apportioned and distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of Grazing District No. ............,” as the case may be. Where more than one grazing district is situated in any one county, separate funds shall be kept by such county for each district. Said funds shall be subject to disposition only by the state grazing boards created hereinafter in this act for each grazing district concerned, and as provided for hereinafter in this act.

      That part of the said fund derived from grazing lease charges from lands situated outside grazing districts shall be apportioned and distributed to each county according to its proportionate acreage of the lands from which such lease charges were derived, and all such funds received by any county shall be placed at once in a special fund to be designated as “The Range Improvement Fund of................................County,” as the case may be. All such funds shall be subject to disposition by the board of county commissioners of each county concerned for range improvements and related matters directly beneficial to the stockraising and ranching enterprises of the said county; provided, that any project involving range improvements undertaken by any board of county commissioners on lands within a grazing district established under provisions of the said Taylor grazing act shall be undertaken by such board only in cooperation with the federal officials in charge of such district as provided for in this act.

      Sec. 3.  For the purpose of directing and guiding the disposition of the range improvement fund of each grazing district concerned in those manners most beneficial to the stockraising payers of the grazing fees from which such funds are derived and to the counties concerned, there are hereby created state boards for each such grazing district as established and existing in Nevada under the provisions of the said Taylor grazing act.

      The members and the chairman of each of the state boards hereby created shall be the members and chairmen of the boards of district advisors of each such grazing district elected, qualified, and serving under the provisions of the said Taylor grazing act and the regulations promulgated under the provisions of that act, excepting that membership on such state boards shall be limited to residents of the State of Nevada.

      Each of the state boards hereby created shall be known as the Nevada grazing board of district No. ................., as the case may be.

      The members of such boards shall serve without remuneration for their time and services, but shall be entitled to their actual necessary travel and subsistence expenses while performing their duties as prescribed in this act.


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

ê1939 Statutes of Nevada, Page 63 (CHAPTER 67, AB 135)ê

 

actual necessary travel and subsistence expenses while performing their duties as prescribed in this act. Such expenses shall be limited to not to exceed five cents per mile for necessary travel by personally-owned automobile, or actual train or bus fare, as the case may be, and not to exceed their actual necessary costs for meals and lodging as supported by receipts covering payment for those costs and, in no case, shall subsistence costs be charged or paid unless the member concerned is required by the business of the state board concerned to be absent from his home at least over one night.

      Each state grazing board is hereby authorized to select and determine the remuneration of its own secretary, and such remuneration shall be considered as administrative expenses of each board concerned, to be paid as provided for herein.

      Within the provisions of this act, it shall be the duty of each of the state grazing boards hereby created to direct and guide the disposition of the range improvement fund of its grazing district. Each such board shall record its decisions as to disposition of such fund in the form of a resolution or resolutions properly adopted by such board, certified to as such by the chairman and secretary of such board. Such certification shall contain a statement to the effect that at the state grazing board meeting at which any such resolution was adopted a quorum of the said board was present, and that at least a majority of the members of such board present voted in favor of adopting such resolution.

      Sec. 4.  Each state grazing board hereby created is hereby authorized out of the funds at its disposal to direct and guide the disposition of the range improvement fund of its grazing district for the construction and maintenance of range improvements and related matters within the grazing district concerned; for the payment of proper administrative costs of the board, including travel and subsistence costs of its members and for payment for the services of its secretary and his necessary office expenses, as provided for herein; and, during periods of range depletion due to severe drouth and similar causes, or in case of a general epidemic of disease affecting stockraising and ranching enterprises of the grazing district concerned, or whenever conditions are such that payment of grazing fees under the provisions of the said Taylor grazing act impose a burden on the payers beyond their reasonable ability to pay, each of the said state grazing boards is hereby authorized in its discretion, for the general welfare of the state and counties, to direct and guide such disposition of the said fund as may be required to make refund in whole or part to the payers of the grazing fees from which the said fund was derived. In such event, the refund to each payer shall be determined by each state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the total fund on hand when the refund is approved by such board.

Mileage

 

 

 

 

 

 

 

 

 

 

Improving ranges


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

ê1939 Statutes of Nevada, Page 64 (CHAPTER 67, AB 135)ê

 

 

 

 

 

 

 

 

 

County officials; duty of

 

 

 

 

 

Agreements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings

state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the total fund on hand when the refund is approved by such board.

      When and if any part of any unexpended balance in said fund carried over from one refund period to another and remaining on hand after disposals therefrom by such boards for range improvements and administrative costs is finally refunded, shares of such payers in the same shall retain their original status.

      Sec. 5.  It shall be the duty of the board of county commissioners of each county concerned, upon receipt of a resolution or resolutions from a state grazing board as provided for in this act, and likewise the duty of each and every other officer of the county concerned, without unnecessary delay, to take such steps and perform such acts as necessary to disburse from the fund at disposal of the state grazing board concerned in accordance with the provisions of such resolutions and this act and the procedure followed in disbursement of county funds generally.

      Sec. 6.  In the case of any project involving construction and maintenance of range improvements and related matters, as provided for in this act, and within any grazing district established under the provisions of the Taylor grazing act, such project or projects shall be undertaken only under cooperative agreements entered into on the part either of the state boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned. Either the boards of county commissioners or the state grazing boards concerned, as the case may be, are hereby authorized to enter into such cooperative agreements and to take such steps as may be necessary, under the provisions of this act, to contribute from their respective funds to such projects under the terms of such cooperative agreements. Such cooperative agreements shall prescribe the manner, terms and conditions of such cooperation and the amounts to be contributed from the range improvement fund of the grazing district or county concerned, as the case may be, and such agreements also shall provide that direct management and supervision of such projects shall be exercised by the federal officials concerned.

      Sec. 7.  Meetings of the state grazing boards may be called at any time by the chairman or a majority of the members of such boards, and each such board may adopt its own rules and regulations for the calling and holding of meetings; provided, that a majority of each state board shall constitute a quorum for the transaction of business by each such board, and action by each such board shall be determined by a majority vote of the members present.


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

ê1939 Statutes of Nevada, Page 65 (CHAPTER 67, AB 135)ê

 

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

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

Repeal

 

In effect

 

________

 

CHAPTER 68, AB 57

[Assembly Bill No. 57–Mr. Amodei]

 

Chap. 68–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, together with the acts amendatory thereof and supplemental thereto.

 

[Approved March 14, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being section 4353 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver shall immediately cause such vehicle to stop, and shall render to the person struck, or the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver shall further give to the occupants of such vehicle, or person struck, the number of his or their said vehicle, also the name of the owner thereof, and the name of the passenger, or passengers, in each said vehicle at the time of such striking or collision, and every such driver shall, as soon as possible, make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, or if such a collision occurs within an incorporated city, to the chief of police of said city; and whenever an automobile, motorcycle or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes or collides with any unoccupied vehicle, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall ascertain the name of the owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of said city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Highway accidents; duty of persons involved


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

ê1939 Statutes of Nevada, Page 66 (CHAPTER 68, AB 57)ê

 

 

 

Reports

 

 

 

 

Repeal

 

In effect

owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of said city. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor.

      Sec. 2.  All act or parts of acts insofar as they are 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 69, SB 50

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporations, foreign, municipal, and other; agents for

[Senate Bill No. 50–Senator Horsey]

 

Chap. 69–An Act to amend sections 82 and 83 of an act entitled “An act to regulate civil proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, as amended, and being sections 8580 and 8581 Nevada Compiled Laws 1929, as amended.

 

[Approved March 14, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 82 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8580 Nevada Compiled Laws 1929, as amended, is hereby further amended so as to read as follows:

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


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

ê1939 Statutes of Nevada, Page 67 (CHAPTER 69, SB 50)ê

 

      Sec. 2.  Section 83 of the above-entitled act, the same being section 8581 Nevada Compiled Laws 1929, as amended, is hereby amended so as to read as follows:

      Section 83.  If any such company, association, or municipal corporation shall fail to appoint such agent, or fail to file such certificate for fifteen days after a vacancy occurs in such agency, on the production of a certificate of the secretary of state showing either fact, which certificate shall be conclusive evidence of the fact so certified to be made a part of the return of service, it shall be lawful to serve such company, association, or municipal corporation with any and all legal process by delivering a copy to the secretary of state, or, in his absence, to any duly appointed and acting deputy secretary of state, and such service shall be valid to all intents and purposes; provided, that in all cases of such service the defendant shall have forty days (exclusive of the day of service) within which to answer or plead; provided further, that before such service shall be authorized, the plaintiff shall make or cause to be made and filed an affidavit setting forth the facts, showing that due diligence has been used to ascertain the whereabouts of the officers of such company, association, or municipal corporation, and the facts showing that direct or personal service on, or notice to, such corporation cannot be had; and provided further, that if it shall appear from such affidavit that there is a last-known address of such company, association, or municipal corporation, or any known officers thereof, the plaintiff shall, in addition to and after such service on the secretary of state, mail or cause to be mailed to such corporation, or to such known officer, at such address, by registered mail, a copy of the summons and a certified copy of the complaint, and in all such cases the defendant shall have forty days from date of such mailing within which to appear in said action. This section shall be construed as giving an additional mode and manner of serving process, and as not affecting the validity of any other valid service.

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

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

 

 

Vacancies; service of process

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 68ê

CHAPTER 70, AB 210

 

 

 

 

 

 

 

 

 

 

 

 

 

Reverting funds

 

In effect

[Assembly Bill No. 210–Mr. Cahill]

 

Chap. 70–An Act repealing an act entitled “An act authorizing the board of state prison commissioners to purchase and install metal bars, where necessary, in the cells at the state prison, making an appropriation therefor, and other matters properly connected therewith,” approved March 22, 1937.

 

[Approved March 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, which is chapter 112 Statutes of Nevada 1937, is hereby repealed, and the appropriation therein made is reverted to the general fund.

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

 

________

 

CHAPTER 71, SB 136

 

 

 

 

 

 

 

 

 

 

 

 

 

County boards; powers; classification

 

 

 

Repeal

In effect

[Senate Bill No. 136–Senator Heidtman]

 

Chap. 71–An Act relating to the duties and powers of county commissioners in the several counties of this state relative to the operation, management, improvement, and maintenance of public parks, golf courses, and other public recreation centers and areas.

 

[Approved March 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the several counties in this state having a population of fifteen thousand (15,000), or more, in addition to the powers now conferred upon them by law, are hereby authorized and empowered to operate, manage, improve, and maintain all public parks, golf courses, and other public recreational centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.

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

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 69ê

CHAPTER 72, AB 259

[Assembly Bill No. No. 259–Nye County Delegation]

 

Chap. 72–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain school district fund to the Round Mountain school bonds redemption and interest fund.

 

[Approved March 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada, is hereby authorized and empowered to transfer funds, not to exceed the sum of one thousand dollars ($1,000) from the Round Mountain school district fund to the Round Mountain school bonds redemption and interest 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.

 

 

 

 

 

 

 

 

 

 

 

 

Round Mountain; transfer of school funds

 

 

Repeal

 

In effect

 

________

 

CHAPTER 73, AB 141

[Assembly Bill No. 141–Mr. Burke]

 

Chap. 73–An Act to provide for the care and maintenance of the graves of civil war veterans and of their widows in the G. A. R. plot in Hillside cemetery, Reno, Nevada, and making an appropriation therefor.

 

[Approved March 15, 1939]

 

      Whereas, There are buried in the lot known as the “G. A. R. Plot” in Hillside cemetery, Reno, Nevada, about seventy human bodies, most of which are those of deceased soldiers of the civil war and the remainder of which are those of widows of such veterans; and

      Whereas, Said lot is situated in said Hillside cemetery and described as follows, to wit: Said lot is bounded on the north by Summit avenue, on the east by Sycamore avenue, on the south by Floral avenue, and on the west by Chestnut avenue, and fronts 42 feet on the south line of Summit avenue with a depth southerly of 329 feet to the north line of Floral avenue, and includes lots 330 to 347, inclusive, together with the approaches thereto, as shown on the official map of said cemetery; and

      Whereas, Said cemetery plot was formerly owned by General O. M. Mitchell Post No. 69, Grand Army of the Republic, and was conveyed by said post, before it became extinct, to General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, a Nevada corporation with principal office at Reno, Nevada, the present owner and holder of said plot; and

 

 

 

 

 

 

 

 

 

Preamble


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

ê1939 Statutes of Nevada, Page 70 (CHAPTER 73, AB 141)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G. A. R. graves in Reno; care of

 

 

 

 

 

 

In effect

Reno, Nevada, the present owner and holder of said plot; and

      Whereas, Most of the soldiers and widows of soldiers buried in said plot are without family or friends to care for their last resting place; and

      Whereas, Said General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, has, since April 1931, cared for and maintained said plot and the graves therein, but by reason of their small treasury and membership are now unable to continue said work without assistance; and

      Whereas, The respect and gratitude due to the soldiers whose valor preserved the union requires that their graves and those of their widows in the plot aforesaid be given decent care and maintenance; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred fifty ($150) dollars is hereby appropriated, out of any money in the general fund of the State of Nevada not otherwise appropriated, to be used for the care and maintenance of the said G. A. R. plot and of the graves of soldiers and widows of the soldiers of the civil war wherein contained, for each of the years 1939 and 1940, and a similar amount each year thereafter, and the state controller is hereby directed to draw his warrant in favor of said General O. M. Mitchell Corps No. 27, Woman’s Relief Corps, for the said amount, and the state treasurer is hereby directed to pay the same.

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

 

________

 

CHAPTER 74, SB 44

 

[Senate Bill No. 44–Senator Dressler]

 

Chap. 74–An Act to amend an act entitled “An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith,” approved March 10, 1917, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 15, 1939]

 

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 7337 of the Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 3.  It shall be the duty of the state auditor at least once in each calendar year to make a thorough audit of the books and accounts of all state offices, departments and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith; provided,


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

ê1939 Statutes of Nevada, Page 71 (CHAPTER 74, SB 44)ê

 

of the books and accounts of all state offices, departments and institutions required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the state, and report the result of such audit to the governor forthwith; provided, that where any office, division, or department of state government is receiving cooperation of the federal government, and said office, division, or department is subject to regular annual audits by the federal government, the state auditor may, upon receipt of a copy of the auditor’s report, issued by said federal government auditor, examine said report and, if in his opinion a full and complete audit has been made, the state auditor may, in lieu of making an audit of the office, division, or department concerned, report to the governor in writing that he has examined the report of the federal auditor and believes that a full and complete audit has been made; provided further, that the governor may, in his discretion, order the state auditor to make an additional audit. It shall further be the duty of the state auditor, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state auditor to the governor, the state controller, and the clerk of the board of county commissioners of the several counties. The state auditor shall formulate and prescribe a uniform system of accounting, cost-keeping, and reporting for every state and county office, department, or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received, and expended for account of the public, for any purpose whatever, and by all public officers, employees, or other persons; such accounts or statements to show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom and of all sources of public income and the amounts due and received from each source, all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs. The state auditor shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.

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

State auditor; duty

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 72ê

CHAPTER 75, AB 11

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Horse-racing; “take”

 

 

 

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 11–Messrs. Hazard and Carroll]

 

Chap. 75–An Act to amend an act entitled “An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof,” approved February 20, 1915, as amended.

 

[Approved March 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act, being section 6223 N. C. L. 1929, is hereby amended to read as follows:

      Section 9.  Any association or corporation conducting horse racing in the State of Nevada where pari mutuels may be permitted shall take out such commission from all moneys received from the sale of pari mutuels as may be prescribed by the state racing commission, not to exceed twelve (12%) percent; one-sixth of which shall be paid by said association or corporation daily to the said state racing commission, and shall be paid by said state racing commission to the state treasurer, which money shall be placed in the general fund. It is hereby made the duty of the state racing commission, and they are hereby granted the power, to inspect the books of any such association or corporation and to revoke its license unless the said books are fully, accurately, and fairly kept.

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

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

 

________

 

CHAPTER 76, AB 260

 

 

 

 

 

 

 

 

 

 

 

 

 

Round Mountain; transfer of funds

[Assembly Bill No. 260–Nye County Delegation]

 

Chap. 76–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain high school district fund to the Round Mountain school bonds redemption and interest fund.

 

[Approved March 15, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada, is hereby authorized and empowered to transfer funds, not to exceed the sum of five hundred dollars ($500) from the Round Mountain high school district fund to the Round Mountain school bonds redemption and interest fund.


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

ê1939 Statutes of Nevada, Page 73 (CHAPTER 76, AB 260)ê

 

school district fund to the Round Mountain school bonds redemption and interest 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.

 

Repeal

 

In effect

 

________

 

CHAPTER 77, AB 180

[Assembly Bill No. 180–Mr. Cooper]

 

Chap. 77–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada; to control, license and regulate the importation and sale of wines, beers and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers’ and wholesalers’ licenses; to impose a stamp tax on the sale of such wines, beers, and intoxicating liquors; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; to provide penalties for the violation thereof; and to repeal all acts or parts of acts in conflict herewith,” approved March 30, 1935, as amended by chapter 170 Statutes of Nevada 1937.

 

[Approved March 16, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 15 of the above-entitled act is hereby amended to read as follows:

      Section 15.  The following is a schedule of fees to be charged for the licenses hereinabove described:

Importer’s wine, beer and liquor license.............................................................           $350.00

Importer’s beer license...........................................................................................             100.00

Wholesale wine, beer and liquor license.............................................................             150.00

Wholesale beer dealer’s license...........................................................................               50.00

Wine manufacturers and wine wholesalers, whose product is derived entirely from Nevada-grown grapes, license.......................................       15.00

      License fees shall be due and payable on the first day of January of each year. If not paid by the fifteenth day of January of each year the license shall be automatically canceled.

      Applications canceled for nonpayment of annual license charges may be renewed at any time by the payment of the same, plus a five percent (5%) penalty thereon.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liquor licenses


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

ê1939 Statutes of Nevada, Page 74 (CHAPTER 77, AB 180)ê

 

 

 

 

 

 

In effect

      If any license is issued at any time during the year other than on the first day of January, except delinquent licenses, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, which, in any event, shall not be less than twenty-five percent (25%) of the annual rate.

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

 

________

 

CHAPTER 78, SB 24

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Regulating female employment

 

Hours

[Senate Bill No. 24–Senator Gibson]

 

Chap. 78–An Act to amend an act entitled “An act regulating the hours of service and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such females, and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof and other matters properly relating hereto,” approved March 29, 1937, being Statutes of Nevada 1937, pages 467-471, inclusive.

 

[Approved March 16, 1939]

 

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

Assembly, do enact as follows:

 

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

      Section 2.  It shall be unlawful for any person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association, or corporation employing females in any kind of work, labor, or service in this state, except as hereinafter provided, to employ, cause to be employed, or permit to be employed any female for a longer period of time than eight hours in any twenty-four-hour period, or more than forty-eight hours in any one week of seven days; provided, that in the event of the illness of the employer or other employees, or a temporary increase of the business of the employer which could not by reasonable diligence be foreseen, to the extent that a greater number of female employees would be required than normally if the regularly employed females were relieved from duty at the expiration of the eight-hour period, and no additional persons are then and there available or can be obtained with reasonable certainty who are capable of performing the duties required of the regularly employed females of any such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a twenty-four-hour period but not to exceed twelve hours in said period,


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

ê1939 Statutes of Nevada, Page 75 (CHAPTER 78, SB 24)ê

 

such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a twenty-four-hour period but not to exceed twelve hours in said period, and in no event shall such females be required or permitted to be employed more than fifty-six hours in any one week of seven days; provided further, that as to all hours the females shall be required or permitted to work, labor or serve over and above eight hours in any twenty-four-hour period, or forty-eight hours in any one week, such females shall be paid time and one half for each said additional hour, computed on their regular wage rates; provided further, that all employers who come within the provisions of this act and who are governed by its restraints and regulations, shall not split the shift of employees to such an extent or in such a manner as to hold the employee at her work at any hour later than the hour that shall arrive twelve hours after said employee shall have begun her work of that day; that is to say, the legislature recognizes that business conditions may be such as to make it necessary or highly advisable for an employer to split a shift of an employee, but hereinabove defines the limits of such split shift and prescribes that the entire working day of female employees shall not be spread over a space of more than twelve hours and shall not be more than eight hours of actual work of that twelve-hour period which follows the hour that said employee shall have begun her work of that day.

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

      Section 3.  It shall be unlawful for any person, firm, association, or corporation, or any agent, servant, employee, or officer of any such firm, association, or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female at or for a lesser wage than three dollars for one day of eight hours or eighteen dollars for one week of six days of eight hours each; provided, all females employed to work, labor, or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor, or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section which provide a wage of three dollars or more for one day of eight hours or less,

 

 

 

 

Overtime pay

 

 

 

 

 

 

 

 

 

 

Elapsed time

 

 

 

Minimum wage

 

 

 

 

 

 

 

 

 

 

 

Probationers


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

ê1939 Statutes of Nevada, Page 76 (CHAPTER 78, SB 24)ê

 

 

 

 

 

 

 

 

Ending probation

 

 

 

 

 

Presumptions

 

 

 

 

 

 

 

Certificate of service mandatory

 

 

 

 

 

 

 

 

Mode of payment

a wage of three dollars or more for one day of eight hours or less, or eighteen dollars or more for one week of forty-eight hours or less, shall not apply, but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees not less than two dollars for one day of not more than eight hours, or twelve dollars for one week of six days of not more than eight hours each, and all other provisions of this act shall in all other respects govern hours and wages of female employees during said stipulated probationary period; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of the work, or by another employer where such employment is of a similar nature as the services performed during said probationary period; provided, that if any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.

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

      Section 4.  (a) Every female within the provisions of this act shall be paid her wages or compensation in lawful money of the United States or by lawful check of her employer drawn only to her order at such time as may be agreed upon by her and her employer, except such payment shall not be made at longer intervals than permitted by the semimonthly pay day laws of this state.


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

ê1939 Statutes of Nevada, Page 77 (CHAPTER 78, SB 24)ê

 

      (b) A part of such wages or compensation may, if mutually agreed upon by the female and her employer in the contract of employment, but not otherwise, consist of food and lodging or food or lodging; provided, that in no case shall the value of the food and lodging be computed at more than one dollar per day; provided further, that in no case shall the value of the meals consumed by such female employee if lodging facilities are not accorded to her, but meals only are purchased, be computed or valued at more than twenty-five cents for each meal actually consumed; and provided further, that if the contract of employment shall call for the use of a room only, and no food facilities or utilities are included, the value of such room shall not be computed at more than one dollar seventy-five cents per week.

      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.

Agreement for payment in money’s worth

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 79, Senate Substitute for Senate Bill No. 3

[Senate Substitute for Senate Bill No. 3–Committee on Judiciary]

 

Chap. 79–An Act to amend the title of and to amend an act entitled “An act to regulate the practice of optometry and for the appointment of a board of examiners in the matter of said regulation,” approved March 17, 1913, together with all acts amendatory thereof or supplemental thereto.

 

[Approved March 16, 1939]

 

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

Assembly, do enact as follows:

 

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

      An act defining and regulating the practice of optometry in the State of Nevada; providing for the appointment of a state board of optometry and fixing their duties; providing for the issuance and revocation of licenses to practice optometry; defining unprofessional conduct, and fixing penalties therefor; defining certain misdemeanors and providing penalties therefor; repealing all other acts or parts of acts in conflict therewith; and other matters properly relating thereto.

      Sec. 2.  Section 5 of the above-entitled act, being section 4969 N. C. L. of 1929, as amended, is hereby amended to read as follows:

      Section 5.  Every person desiring to commence the practice of optometry in the State of Nevada must show by satisfactory evidence, certified to by oath, that he or she is of good moral character, has a preliminary education equivalent to four years in a registered high school and has graduated from a school of optometry which is recognized and approved by the Nevada state board of examiners in optometry and which maintains a standard of two school years of at least six months each, to determine his or her qualifications therefor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Regulating optometry


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

ê1939 Statutes of Nevada, Page 78 (CHAPTER 79, Senate Substitute for Senate Bill No. 3)ê

 

Proof of qualification

 

 

 

 

 

 

 

 

 

 

Examination; fee

 

 

 

 

Subjects

 

 

 

 

 

 

 

Registration

 

 

Certificate; fee

 

 

 

Repeal

 

In effect

satisfactory evidence, certified to by oath, that he or she is of good moral character, has a preliminary education equivalent to four years in a registered high school and has graduated from a school of optometry which is recognized and approved by the Nevada state board of examiners in optometry and which maintains a standard of two school years of at least six months each, to determine his or her qualifications therefor. In lieu of the foregoing educational requirements it shall be deemed equivalent if an applicant submit satisfactory proof to said board that he or she has passed an examination in optometry before a state board of examiners in optometry in another state of the United States and that the certificate granted in token thereof is then in force; provided, that he or she must also give satisfactory proof that he or she was actually engaged in the practice of optometry in said state for the full period of three years subsequent thereto. Any person, having filed said proof, desiring to be examined by said board must fill out and swear to an application furnished by the board, and must file same with the secretary of said board at least two weeks prior to the holding of an examination, which the applicant is desirous of taking. Each applicant on making application shall pay to the secretary of the board a fee of twenty-five dollars, which shall be for the use of said board. At such examinations the board shall examine applicants in the anatomy of the eye, in normal and abnormal refractive and accommodative and muscular conditions and coordination of the eye, in subjective and objective optometry, including the fitting of glasses, the principles of lens-grinding and frame-adjusting, and in such other subjects as pertain to the science and practice of optometry. In case of failure the applicant shall be examined at the next examination only in the subjects in which he or she failed, nor shall he or she be required to pay an additional examination fee of more than $10 for any subsequent examination. All persons successfully passing such examination shall be registered in the board register, which shall be kept by said secretary, as licensed to practice optometry, and shall receive a certificate of such registration, to be signed by the president and secretary of said board upon the payment to the secretary of said board the additional sum of five dollars, which sum shall be for the use of said board. Examinations shall be given at least twice each year, on the 4th Monday in June and the 4th Monday in January, at Reno, Nevada, and at such other times as the board may deem necessary.

      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.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 79ê

CHAPTER 80, AB 218

[Assembly Bill No. 218–Mr. Russell]

 

Chap. 80–An Act authorizing and directing the state board of control and the board of directors of the department of highways of the State of Nevada to convey certain state property to the Ely securities company in exchange for property now owned by said Ely securities company in East Ely, White Pine County, Nevada.

 

[Approved March 17, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the execution and delivery to the State of Nevada by the Ely securities company, a corporation organized and existing under and by virtue of the laws of the State of Maine, of a warranty deed to lots 1 to 36, inclusive, of block 15 of the Park addition to the Ely city townsite in White Pine County, Nevada, according to the plat of said townsite recorded on pages 346-353, book D, miscellaneous records of White Pine County, Nevada, the state board of control and the board of directors of the department of highways of the State of Nevada are hereby authorized and directed to make, execute, and deliver to said Ely securities company a good and sufficient deed to the following-described real estate situate in White Pine County, Nevada, and now owned by the state:

      All of lots 1 to 10, inclusive, and lots 17, 18, and 19 of block 19 of said townsite of East Ely, White Pine County, Nevada, according to the town plat as recorded on pages 176-179, book D, miscellaneous records of said White Pine County, and also all of lots 22 and 23 of block 3 of the Park addition to the Ely city townsite as delineated and shown upon the map or plat entitled “Park Addition to Ely City Townsite,” as recorded on pages 346-353, book D, miscellaneous records of said White Pine County.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Exchange of land at Ely, East Ely, etc.

 

 

 

 

 

 

 

 

Description of property

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 80ê

CHAPTER 81, SB 140

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Emergency borrowing for city of Elko

 

 

 

 

 

 

Levy for repayment

 

 

 

 

Security

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 140–Senator Robbins]

 

Chap. 81–An Act authorizing and directing the supervisors of the city of Elko, in the State of Nevada, to make emergency loans in the sums of not to exceed ten thousand dollars for sewer extensions and curb and gutter construction, but not to exceed ten thousand dollars for any one project, providing for the payment of such loans and other matters properly connected therewith.

 

[Approved March 17, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever in the judgment of the board of supervisors of the city of Elko, and with the approval of the state board of finance, there shall exist an emergency justifying a loan, the board of supervisors of the city of Elko, in the State of Nevada, are hereby authorized, empowered, and directed, in addition to and not in limitation of any powers now possessed by said board of supervisors, to make such emergency loans, not exceeding ten thousand ($10,000) dollars in any one case for the purpose of surveying, building, and constructing sewer extensions, and curb and gutter construction.

      Said loans shall be repaid by the levy of assessments upon the city property of said city, for any of said loans, at the same time that other levies are made, for sufficient sums to retire such loans on or before five-and-one-half (5 1/2) years from the date of approval of loan; providing, that any such levy shall not in any event be made in excess of the limit of assessment as now provided by the laws of this state.

      Sec. 2.  Any such loan may be made upon such contract and upon such terms as may be deemed advisable and practicable for carrying out the purposes of this act. In making such contract, or contracts, of loan the supervisors of the city of Elko, as such, are hereby authorized and directed to pledge the payment of the same by making the same a preferred lien against the real or other property of the city of Elko. Any such loan may be negotiated and completed with any individual, company, corporation, or association, and it is the purpose and intention of this act to give said board of supervisors the power and authority to do every act and thing necessary to secure any such loan and provide for the payment thereof in accordance with the provisions herein stated.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 81ê

CHAPTER 82, Assembly Substitute for Assembly Bill No. 185

[Assembly Substitute for Assembly Bill No. 185–Committee on Education]

 

Chap. 82–An act to amend an act entitled “An act to provide educational facilities for the children in the state orphans’ home and other matters properly connected therewith,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 17, 1939]

 

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 7599 N. C. L. 1929, as amended by chapter 173 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 1.  The children residing at the state orphans’ home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred dollars ($7,500) for the biennium ending June 30, 1941, paid out of the general fund of the state treasury, the children of the state orphans’ home shall be entitled to attend, and shall attend, the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, including the domestic and manual arts in the elementary grades, with the addition of commercial branches in the high school, all of which shall be of standard character approved by the state board of education.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Education of children of orphans’ home

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 83, SB 115

[Senate Bill No. 115–Senator Cobb]

 

Chap. 83–An Act to authorize and direct the county auditor of Storey County to allow and the county treasurer to pay certain claims from the Virginia City general fund and the county general fund.

 

[Approved March 17, 1939]

 

      Whereas, The board of county commissioners of Storey County, Nevada, during the year 1938 entered into three (3) contracts with the Isbell construction company as follows: Grading streets of Virginia City and grading county roads; cleaning Virginia City dumps; surfacing Virginia City streets and county roads; and

      Whereas, The Isbell construction company in presenting its claim for compensation under these contracts grouped the charge on each of the contracts in one bill, which bill amounted to nine hundred sixty-two ($962) dollars, which sum exceeded the sum of five hundred ($500) dollars; and

 

 

 

 

 

 

 

 

 

Preamble


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

ê1939 Statutes of Nevada, Page 82 (CHAPTER 83, SB 115)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Payment for work in Storey County

 

 

 

 

In effect

the charge on each of the contracts in one bill, which bill amounted to nine hundred sixty-two ($962) dollars, which sum exceeded the sum of five hundred ($500) dollars; and

      Whereas, The expense of surfacing streets, and grading streets and roads, and cleaning the city dump did exceed the sum of five hundred ($500) dollars and no advertisement of bids was made and no provision therefor was made for the payment of said claims; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county auditor of Storey County is hereby authorized and directed to allow and the county treasurer thereof is authorized and directed to pay from the Virginia City general fund and the county general fund any and all claims not exceeding, however, a total amount of nine hundred and sixty-two ($962) dollars, incurred by the board of county commissioners of Storey County, Nevada, in surfacing and grading streets and in cleaning the city dump during the year 1938, and for which no provision was made for payment.

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

 

________

 

CHAPTER 84, AB 244

 

 

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 244–Mr. Amodei]

 

Chap. 84–An Act authorizing the board of directors of the Nevada state orphans’ home, in the name of the State of Nevada, to issue its quitclaim deed and to receive a reciprocal quitclaim deed for the purpose of clearing title to certain lands obtained under the provisions of chapter 93 Statutes of Nevada 1925.

 

[Approved March 17, 1939]

 

      Whereas, Acting under the authority of chapter 93 Statutes of Nevada 1925, the board of directors of the Nevada state orphans’ home purchased certain lands situate in sections 19 and 20, township 15 north, range 20 east, M. D. M., in Ormsby County, Nevada, from James A. Crotty, successor in interest to Matthew C. Gardner, and obtained a deed in the name of the State of Nevada for the use and benefit of the state’s orphans’ home therefor; and

      Whereas, Said deed, by the description contained therein, excepts two certain tracts from the NE 1/4 of the SE 1/4 of sec. 19, township 15 north, range 20 east, M. D. M., conveyed therein to the State of Nevada for the use and benefit of the state orphans’ home, which two tracts are referred to therein as described in deed dated April 10, 1875, from M. C. Gardner to Job Smith, of record in vol. 18 of deeds, Ormsby County land records, at page 598, also deed dated April 9, 1908, from Matthew C. Gardner


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

ê1939 Statutes of Nevada, Page 83 (CHAPTER 84, AB 244)ê

 

1908, from Matthew C. Gardner to Job Smith, of record in vol. 32 of deeds, Ormsby County land records, at page 169; and

      Whereas, The description in said deed dated April 10, 1875, is insufficient by reason of the point of commencement being tied to a spring, the location of which is indefinite, and the description in said deed dated April 9, 1908, is erroneous as it places the land intended to be excepted in the SE 1/4 of the SE 1/4 of said sec. 19, and further described the west boundary line of said tract at 140 feet, which should have been described at and is 150 feet distant; and

      Whereas, Wm. L. Lundy, as the successor in interest to the said Job Smith, is now the owner of the tracts of land intended to be so excepted; and

      Whereas, Said erroneous descriptions can be corrected by reciprocal quitclaim deeds executed by the board of directors of said state orphans’ home and said Wm. L. Lundy; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of directors of the Nevada state orphans’ home, upon receiving from Wm. L. Lundy, of Ormsby County, Nevada, his quitclaim deed in the name of the State of Nevada for the use and benefit of the state orphans’ home, to all of the NE 1/4 of the SE 1/4 of sec. 19, township 15 north, range 20 east, M. D. M., situate in Ormsby County, State of Nevada, excepting that certain tract of land particularly described as commencing at a point 50 feet north of the southeast corner of the NE 1/4 of the SE 1/4 of section 19, township 15 north, range 20 east, M. D. M., running thence west 250 feet; thence north 150 feet; thence east 40 feet; thence north 130 feet; thence east 210 feet; thence south along the east section line of said section 19, 280 feet to the point of commencement, is hereby authorized and empowered to execute, in the name of the State of Nevada, to the said Wm. L. Lundy its quitclaim deed to that certain piece or parcel of land situated in Ormsby County, Nevada, particularly described as commencing at a point 50 feet north of the southeast corner of the NE 1/4 of the SE 1/4 of section 19, township 15 north, range 20 east, M. D. M., running thence west 250 feet; thence north 150 feet; thence east 40 feet; thence north 130 feet; thence east 210 feet; thence south along the east section line of said section 19, 280 feet to the point of commencement.

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Correction deeds to clear title orphan’s home land

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 84ê

CHAPTER 85, SB 54

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payment of railroad bill

[Senate Bill No. 54–Senator Modarelli]

 

Chap. 85–An Act for the relief of the Southern Pacific company.

 

[Approved March 17, 1939]

 

      Whereas, Pursuant to due authority of law, the secretary of state of this state, at the instance of the attorney-general and the state tax commission, duly requested the Southern Pacific company to issue and furnish to Frank Warren railroad and sleeping car transportation from Washington, D. C., to Reno, Nevada, and return, of the value of one hundred and sixty dollars and seventy cents ($160.70); and

      Whereas, Said Frank Warren did thereafter receive such transportation from the Southern Pacific company, and used the same; his said journey from Washington, D. C., to Reno and return, having been duly authorized by law, and required in the interest of this state, to wit: For the purpose of assisting in the defense of certain tax suits then pending, in which this state was the defendant; and

      Whereas, Although funds had been duly appropriated by the legislature of this state, at its 37th session, in and by section 5 1/2 of chapter 190, Laws of Nevada 1935, for the payment of expenses necessarily incurred in the defense of the aforesaid tax suits, including the said traveling expenses of Frank Warren, such appropriation expired and reverted on June 30, 1937, and the funds so appropriated were not thereafter available; and

      Whereas, The bill of the Southern Pacific company covering the value of the aforesaid transportation, to wit, the sum of one hundred sixty dollars and seventy cents ($160.70), because of clerical and other delays, was not presented and could not have been presented to the secretary of state until after June 30, 1937; and

      Whereas, Said claim was thereafter duly presented to the state board of examiners, which has found and certified that the amount thereof is correct and that the account is duly payable, but that the same cannot be paid because of the expiration of the appropriation, and could not now legally be paid; and that the only reason that said claim cannot now be paid is because it was not presented prior to the expiration of the aforesaid appropriation; now, 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 the moneys of the general fund in the state treasury of the State of Nevada, not otherwise appropriated, the sum of one hundred sixty dollars and seventy cents ($160.70), to be paid to the Southern Pacific company.


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

ê1939 Statutes of Nevada, Page 85 (CHAPTER 85, SB 54)ê

 

      Sec. 2.  Upon the passage and approval of this act, the state controller of the State of Nevada is hereby authorized and directed to draw and deliver his warrant in favor of said Southern Pacific company, for the aforesaid sum of one hundred sixty dollars and seventy cents ($160.70), and the state treasurer is directed to pay the same.

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

 

 

 

 

In effect

 

________

 

CHAPTER 86, SB 68

[Senate Bill No. 68–Senator Dressler]

 

Chap. 86–An Act relating to spendthrift trusts; defining the same; providing for the construction, operation, and enforcement of the same for the protection of beneficiaries thereunder, and for other purposes.

 

[Approved March 17, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purposes of this act a spendthrift trust is defined to be a trust in which by the terms thereof a valid restraint on the voluntary and involuntary transfer of the interest of the beneficiary is imposed. It is an active trust not governed or executed by any use or rule of law of uses.

      Sec. 2.  Any person competent by law to execute a will or deed may, by writing only, duly executed, by will, conveyance or other writing, create a spendthrift trust in real, personal, or mixed property for any other person or persons.

      Sec. 3.  No specific language is necessary for the creation of a spendthrift trust. It is sufficient if by the terms of the writing (construed in the light of this act if necessary) the creator manifests an intention to create such a trust.

      Sec. 4.  Unless the writing shall declare to the contrary, expressly, this act shall govern the construction, operation and enforcement, in this state, of all spendthrift trusts wheresoever created, when the land, rents, issues or profits affected are in this state, or when the personal property, interest of money, dividends upon stock and other produce thereof, affected, are in this state, or when the declared domicile of the creator of a spendthrift trust affecting such personal property is in this state. Except as aforesaid this act shall also govern the construction, operation and enforcement, outside of this state, of all spendthrift trusts created in this state, except so far as prohibited by valid laws of other states. Unless the writing of trust shall declare to the contrary, expressly, it shall be deemed to be made in the light of this act and all other acts relating to spendthrift trusts enacted in this state.

 

 

 

 

 

 

 

 

 

 

 

“Spendthrift” trusts

 

 

 

Creator

 

 

Language

 

 

Governed by this act


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

ê1939 Statutes of Nevada, Page 86 (CHAPTER 86, SB 68)ê

 

 

Construction, operation, and enforcement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Restraints on alienation

      Sec. 5.  (a) Unless the writing shall declare to the contrary, expressly, the construction, operation, and enforcement of all spendthrift trusts, heretofore or hereafter created in this state, shall be governed by the following principles to the same effect as if they were written therein, to wit:

      (b) The beneficiary or beneficiaries of such trust shall be named or clearly referred to in the writing, and no spouse, former spouse, child, or dependent shall be a beneficiary unless named or clearly referred to as a beneficiary in the writing.

      (c) Provision for the beneficiary will be for the support, education, maintenance, and benefit of the beneficiary alone, and without reference to or limitation by his needs, station in life, or mode of life, or the needs of any other person, whether dependent upon him or not. The existence of a spendthrift trust does not depend on the character, capacity, incapacity, competency, or incompetency of the beneficiary.

      (d) Provision for the beneficiary will extend to all of the income from the trust estate, devoted for that purpose by the creator of the trust, without exception or deduction, other than for costs or fees regularly earned, paid, or incurred by the trustee for administration of or protection of the trust estate, or for taxes on the same, or on the interest of the beneficiary thereof.

      (e) In all cases where the creator of a spendthrift trust shall indicate the sum to be applied for or paid to the beneficiary and/or shall make the application or payment of sums or further sums for or to the beneficiary, discretionary with the trustee, or shall make the amount thereof discretionary with the trustee, or shall give the trustee discretion to pay all or any part of the income to any one or more of the beneficiaries, such discretionary power shall be absolute, whether any valid provision for the accumulation of income is made or not and whether it relates to the income from real or personal property. Such discretion shall never be interfered with, or any consideration of the needs, station in life or mode of life of the beneficiary, or for uncertainty, or on any pretext whatever.

      The giving of any such discretion does not invalidate any spendthrift trust.

      (f) A spendthrift trust as defined in this act restrains and prohibits generally the assignment, alienation, acceleration and anticipation of any interest of the beneficiary under the trust by the voluntary or involuntary act of the beneficiary, or by operation of law or any process or at all. An exception is declared, however, when the trust does not provide for the application for or the payment to any beneficiary of sums out of capital or corpus or out of rents, profits, income, earnings, or produce of property, lands, or personalty. In such cases the corpus or capital of the trust estate or the interest of the beneficiary therein, may be anticipated, assigned, or aliened by the beneficiary voluntarily, but not involuntarily or by operation of law or by any process or involuntarily at all.


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

ê1939 Statutes of Nevada, Page 87 (CHAPTER 86, SB 68)ê

 

cases the corpus or capital of the trust estate or the interest of the beneficiary therein, may be anticipated, assigned, or aliened by the beneficiary voluntarily, but not involuntarily or by operation of law or by any process or involuntarily at all. The trust estate, or corpus, or capital thereof, shall never be assigned, aliened, diminished, or impaired by any alienation, transfer, or seizure so as to cut off or diminish the payments, or the rents, profits, earnings, or income of the trust estate that would otherwise be currently available for the benefit of the beneficiary.

      Payments by the trustee to the beneficiary shall be made only to and into the proper hands of the beneficiary and not by way of acceleration or anticipation, nor to any assignee of the beneficiary, nor to or upon any order, written or oral, given by the beneficiary, whether such assignment or order be the voluntary contractual act of the beneficiary or be made pursuant to or by virtue of any legal process in judgment, execution, attachment, garnishment, bankruptcy or otherwise, or whether it be in connection with any contract, tort, or duty.

      The beneficiary shall have no power or capacity to make any disposition whatever of any of the income by his order, voluntary or involuntary, and whether made upon the order or direction of any court or courts, whether of bankruptcy or otherwise; nor shall the interest of the beneficiary be subject to any process of attachment issued against the beneficiary, or to be taken in execution under any form of legal process directed against the beneficiary or against the trustee, or the trust estate, or any part of the income thereof, but the whole of the trust estate and the income of the trust estate shall go and be applied by the trustee solely for the benefit of the beneficiary, free, clear, and discharged of and from any and all obligations of the beneficiary whatsoever and of all responsibility therefor. The trustee of a spendthrift trust is required to disregard and defeat every assignment or other act, voluntary or involuntary, that is attempted contrary to the provisions of this act.

      (g) A beneficiary of a spendthrift trust has no legal estate in the capital, principal, or corpus of the trust estate unless under the terms of the trust he or one deriving title from him is entitled to have it conveyed or transferred to him immediately or after a term of years or after a life, and in the meantime the income from the corpus is not to be paid to him or any other beneficiary.

      (h) A spendthrift trust shall not continue for a period longer than the life or lives of specified persons in being at the time of its creation and for twenty-one years after the death of the survivor of them. The free alienation of the legal estate by the trustee shall not be suspended for a period exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in this state or in the state where the lands affected by the trust are situate; provided, a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain their full age.

Restraints on alienation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Perpetuity rule


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

ê1939 Statutes of Nevada, Page 88 (CHAPTER 86, SB 68)ê

 

 

 

 

 

 

 

 

Accumulations permitted

 

 

 

 

 

 

 

 

 

Words construed

 

Short title

 

Repeal

exceeding the limit prescribed in any constitutional or statutory prohibition against perpetuities existing in this state or in the state where the lands affected by the trust are situate; provided, a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain their full age.

      (i) An accumulation of the income of trust property may be directed in the will or other writing creating a spendthrift trust, for the benefit of one or more beneficiaries, to commence within the time permitted for the vesting of future interests and not to extend beyond the period limiting the time within which the absolute power of alienation of property may be suspended. If the direction is for a longer term than is permitted by law, it is void only as to the excess time, whether the direction be separable from the other clauses in the trust or not, and in such cases of invalidity the income may be paid and distributed to the next succeeding beneficiary in interest.

      (j) The foregoing principles shall not prevent the creator of any spendthrift trust, by will or other writing, from making other or different provisions provided he uses express, specific language to that end.

      Sec. 6.  Words in this act indicating the singular number shall embrace the plural number and words indicating the masculine gender shall embrace the feminine gender, unless clearly contrary to the context and intent of the act.

      Sec. 7.  This act may be referred to by the short title of “Spendthrift Trust Act of Nevada,” and such reference will be sufficient for all purposes.

      Sec. 8.  All acts and parts of acts contrary to this act are repealed.

 

________

 

CHAPTER 87, SB 93

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 93–Committee on Ways and Means]

 

Chap. 87–An Act defining and regulating the method of transmitting claims against public funds by officers and employees of the University of Nevada, defining the powers and duties of the board of regents of the University of Nevada in relation thereto, and other matters properly related thereto.

 

[Approved March 17, 1939]

 

      Whereas, The legislature has from time to time placed additional duties on various officers and employees of the University of Nevada; and

      Whereas, In many cases such additional duties include the approval of claims against public funds, not under the control of the board of regents of the University of Nevada; and

 


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

ê1939 Statutes of Nevada, Page 89 (CHAPTER 87, SB 93)ê

 

the approval of claims against public funds, not under the control of the board of regents of the University of Nevada; and

      Whereas, It is becoming increasingly difficult to properly audit such claims before payment; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of the board of regents, with the approval of the governor, to require all officers and employees of the University of Nevada whose duties, as prescribed by law, require such officers or employees to approve claims against any public funds, to file such claims in the regents’ office at the University of Nevada for transmittal.

      Sec. 2.  This act shall be in full force and effect from and after July 1, 1939.

 

 

 

 

 

 

 

 

Procedure on claims

 

 

 

 

In effect

 

________

 

CHAPTER 88, SB 102

[Senate Bill No. 102–Senator Wittenberg]

 

Chap. 88–An Act authorizing and directing the state board of control to convey certain state property to the town of Tonopah, Nye County, State of Nevada, in exchange for property now owned by said town of Tonopah.

 

[Approved March 17, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the execution and delivery to the State of Nevada by the town of Tonopah, Nye County, State of Nevada, of a deed to the following parcels of land situated between block 1 and block 30 of the town of Tonopah townsite, Nye County, State of Nevada, and described by metes and bounds as follows, to wit:

      Beginning at a point on the easterly side of Cross avenue at the northwest corner of lot 1 of said block 1 of the Tonopah townsite, said point of beginning being further described as bearing N. 38°48′ E. a distance of 90.00 feet from the northeast intersection of Cross avenue and Erie Main street of the Tonopah townsite; thence N. 38°48′ E. along the southeasterly side of Cross avenue a distance of 17.06 feet to a point; thence S. 51°12′ E. a distance of 96.64 feet to a point; thence S. 16°12′ W. a distance of 18.48 feet to a point on the northerly side of said block 1; thence N. 51°12′ W. along the northerly side of said block 1 a distance of 103.74 feet to the point of beginning; containing an area of 1,709 square feet, more or less.

 

 

 

 

 

 

 

 

 

 

 

Exchange of lands in Tonopah

 

 

Description of property


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

ê1939 Statutes of Nevada, Page 90 (CHAPTER 88, SB 102)ê

 

 

Duties of state board

 

 

 

 

 

Description of property

 

 

 

 

 

 

In effect

      The state board of control of the State of Nevada is hereby authorized and directed to make, execute, and deliver, to the board of county commissioners of Nye County, State of Nevada, acting as the town board of the town of Tonopah, Nye County, State of Nevada, a good and sufficient deed to the following-described real estate situated in the town of Tonopah, Nye County, State of Nevada, and more particularly described as follows:

      Beginning at a point on the north side of block 30 of the Tonopah townsite on the southerly side of Florence avenue, said point of beginning being further described as bearing S. 73°48′ E. a distance of 70.00 feet from the northwest corner of said block 30; thence S. 16°12′ W. a distance of 83.30 feet to a point; thence S. 51°12′ E. a distance of 16.25 feet to a point; thence N. 16°12′ E. a distance of 89.54 feet to a point on the northerly side of said block 30; thence N. 73°48′ W. along the northerly side of said block 30 a distance of 15.00 feet to the point of beginning; said piece or parcel of land containing 1,296 square feet, more or less.

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

 

________

 

CHAPTER 89, AB 208

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vacancies in office of school trustee; how filled

[Assembly Bill No. 208–Mr. Brown]

 

Chap. 89–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended by chapter 65, 1937 Statutes of Nevada.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 64 of the above-entitled act, being section 5712 N. C. L. 1929, as amended by chapter 65, 1937 Statutes of Nevada, is hereby amended to read as follows:

      Section 64.  The superintendent of public instruction shall have power to fill vacancies caused by the failure of the people to elect trustees at the regular biennial school election on the first Saturday of March of the even-numbered years. In case the voters fail to elect, or in case no election is held as provided in section 63 of this act, the superintendent may fill all vacancies in said board of trustees. The term of office of any trustee appointed by the 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 no election shall have been held as provided by this act, and in which district there shall not be any suitable person or persons to act as trustees therein, the 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.


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

ê1939 Statutes of Nevada, Page 91 (CHAPTER 89, AB 208)ê

 

district there shall not be any suitable person or persons to act as trustees therein, the 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 may remove from office any school trustee whom he has 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, 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. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

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

 

 

 

 

 

 

New trustee may be removed

 

 

Procedure when vacancy

 

When section not to apply

 

Repeal

 

In effect

 

________

 

CHAPTER 90, AB 69

[Assembly Bill No. 69–White Pine County Delegation]

 

Chap. 90–An Act entitled “An act to enable the United States to acquire by purchase, or otherwise, land within the Nevada and Toiyabe national forests in the State of Nevada, to facilitate the control of soil erosion or flood damage, and to promote the efficiency and economy of administration of said national forests.”

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Consent of the State of Nevada is hereby given for the acquisition by the United States by purchase or otherwise of such lands within the Nevada and Toiyabe national forests in the State of Nevada as in the opinion of the secretary of agriculture of the United States may be needed for the prevention or control of soil erosion or flood damage or to promote the efficiency and economy of administration of the said national forests.

 

 

 

 

 

 

 

 

 

 

 

 

 

Acquiring of land by U. S. consented to


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

ê1939 Statutes of Nevada, Page 92 (CHAPTER 90, AB 69)ê

 

 

Reservations

 

 

 

 

 

 

In effect

      Sec. 2.  The State of Nevada hereby reserves the right to tax persons and corporations and their property situate on said described lands pursuant to its tax and revenue laws; and said state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the said lands, except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its law.

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

 

________

 

CHAPTER 91, Senate Substitute for Senate Bill No. 60

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Substitute for Senate Bill No. 60–Committee on Federal Relations]

 

Chap. 91–An Act electing upon certain conditions to accept a fixed sum of money annually for a minimum period of 50 years, as hereinafter specified, in lieu of Nevada’s portion of the excess revenues or surplus, if any there be, derived from the operation of Boulder dam and incidental works and the Boulder dam power plant and incidental structures as provided for in the Boulder canyon project act, and other matters relating thereto.

 

[Approved March 20, 1939]

 

      Whereas, It is provided, among other things, in section 4(b) of that certain act of Congress, known and designated as the Boulder canyon project act, approved December 21, 1928 (chapter 42, 45 Statutes, 1057), and hereinafter referred to as the project act, that, “if during the period of amortization the secretary of the interior shall receive revenues in excess of the amount necessary to meet the periodical payments to the United States as provided in the contract, or contracts, executed under this (Boulder canyon project) act, then, immediately after the settlement of such periodical payments, he shall pay to the State of Nevada 18 3/4 per centum of such excess revenues,” but the length of said period of amortization, during which alone Nevada may participate in such excess revenues, if any, and the amount of money to be so paid to Nevada annually or even for the entire period of amortization, and also the rates to be paid for electrical energy after the year 1945, at which time and each ten years thereafter said rates may be reduced, are all indefinite, uncertain, and necessarily problematical, under the terms of said section 4(b) and of said entire project act as they now exist and under the rules and regulations made pursuant thereto, and the amount of such revenue to be received by Nevada under said project act necessarily depends upon each and all of said three uncertain elements and is, therefore, also necessarily uncertain and indefinite; and

 


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

ê1939 Statutes of Nevada, Page 93 (CHAPTER 91, Senate Substitute for Senate Bill No. 60)ê

 

to be received by Nevada under said project act necessarily depends upon each and all of said three uncertain elements and is, therefore, also necessarily uncertain and indefinite; and

      Whereas, There is now a proposal to seek and an apparent opportunity to obtain an act of Congress at the present session thereof providing, among other things, that the State of Nevada may have a commutation of its said share of such uncertain excess revenues or surplus as provided in said section 4(b) into a fixed, definite sum of $300,000 each year for a period of not less than fifty (50) years, as hereinafter specified, in lieu of its said uncertain participation in said excess revenues, if any, as provided for in said section 4(b), if it so elects by appropriate legislation on or before June 1, 1939; and

      Whereas, Such congressional legislation and such an election by this state would remove said uncertainties and tend to stabilize the basis for the annual tax rate and levy for governmental purposes, and be otherwise desirable and for the benefit of this state and its people; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  If the Congress shall enact legislation authorizing payments to be made to the State of Nevada, conforming to the requirements of section 2 hereof, upon the election of said state to receive the same in commutation and in lieu of the payments now provided for said state in section 4(b) of the said project act, the State of Nevada does hereby elect to receive such payments conforming to the requirements of section 2 hereof, in commutation and in lieu of the payments to it, so provided for in said project act.

      Sec. 2.  The foregoing election is made upon the condition that the said congressional legislation shall provide for payments to be made to the State of Nevada in the definite and fixed sum of $300,000 for each year of operation (June 1 to May 31) of said Boulder dam and power plant during the period of not less than fifty (50) years of operation beginning with the year of operation ending May 31, 1938, and continuing annually thereafter until and including the year of operation ending May 31, 1987, and for such further time, if any, as may be provided for in said proposed congressional legislation, each such annual payment to be due and payable before June 30 immediately following the close of the year of operation for which it is made; provided, that the payment for the years of operation ending May 31, 1938, and May 31, 1939, shall be due and payable on June 30, 1939, and shall be made as soon thereafter as administration of such congressional legislation will permit; and each such annual payment shall be made annually thereafter at such times as shall be provided for in said proposed act of the Congress; and provided further, that all payments shall be subject to such adjustments as may be prescribed by such congressional legislation, in the event that any such payments cannot be made, either in whole or in part, by reason of failure of revenues received by the United States from the operation of Boulder dam and incidental works and power plant, due to any act of God, or of the public enemy, or any major catastrophe or any other unforeseen and unavoidable cause.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Declaration of election terms

 

 

 

 

 

Subject matter

 

 

 

 

 

 

Due date


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

ê1939 Statutes of Nevada, Page 94 (CHAPTER 91, Senate Substitute for Senate Bill No. 60)ê

 

 

 

 

Adjustment

 

 

 

 

 

Establishment of conformity

 

 

 

 

Coincident effect

 

Rights reserved

 

 

Legislative declaration

 

 

Repeal

annual payment shall be made annually thereafter at such times as shall be provided for in said proposed act of the Congress; and provided further, that all payments shall be subject to such adjustments as may be prescribed by such congressional legislation, in the event that any such payments cannot be made, either in whole or in part, by reason of failure of revenues received by the United States from the operation of Boulder dam and incidental works and power plant, due to any act of God, or of the public enemy, or any major catastrophe or any other unforeseen and unavoidable cause.

      Sec. 3.  The attorney-general of Nevada is hereby authorized and empowered upon the enactment of such congressional legislation to determine whether or not there is substantial conformity between the provisions thereof and the provisions of this act, and to certify such determination to the governor, who shall proclaim the same. Upon the filing of a copy of such proclamation with the secretary of the interior, the election hereby made shall become final and complete.

      Sec. 4.  Since an emergency exists therefor, this act shall become effective immediately upon the effective date of such congressional legislation; provided, however, that if the Congress shall not enact such legislation, then the enactment of this act shall not be deemed to waive or diminish any right or rights of the State of Nevada under the Boulder canyon project act, and contracts made thereunder.

      Sec. 5.  This act is hereby declared to be the appropriate and the only appropriate legislative action of this state for the purpose of accomplishing the election by the state to receive and accept the said commutation provided for in this act and required by said proposed congressional legislation to make such commutation effective.

      Sec. 6.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 92, AB 234

 

[Assembly Bill No. 234–Committee on Education]

 

Chap. 92–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 65 of the above-entitled act, being section 5713 N. C. L. 1929, is hereby amended to read as follows:


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

ê1939 Statutes of Nevada, Page 95 (CHAPTER 92, AB 234)ê

 

      Section 65.  It shall be the duty of the board of trustees, a majority of whom shall constitute a quorum for the transaction of business, to meet on the first Monday after the third Saturday of March following their election, or as soon as practicable thereafter, after taking the oath of office, at such place as may be most convenient in the district, and to organize by electing one of their number president of the board and another as clerk. It shall be the duty of the president to preside at the meetings of the board. It shall be the duty of the clerk to record the proceedings of the board in a book to be provided for the purpose, and all such proceedings, when so recorded, shall be signed by such clerk. Said book shall at all times be subject to the inspection of the deputy superintendent of public instruction and of any taxpayer in the district. In districts of the second class regularly employing eight or more full-time elementary grade teachers the clerk of the board of trustees may receive such salary as said board may allow; provided, that such salary shall not exceed twenty-five dollars per month; provided, that in districts having a school census population of one thousand or more the clerk of the board of trustees shall receive a salary not to exceed fifty dollars per month.

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

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

School trustees; organization and records

 

 

 

 

 

 

 

Salary of clerks by classes

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 93, AB 247

[Assembly Bill No. 247–Mr. Amodei]

 

Chap. 93–An Act to amend an act entitled “An act concerning slot machines, gambling games, and gambling devices; providing for the operating thereof under license; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto,” approved March 19, 1931.

 

[Approved March 20, 1939]

 

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 99 Statutes of Nevada 1931, is hereby amended to read as follows:

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

 

 


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

ê1939 Statutes of Nevada, Page 96 (CHAPTER 93, AB 247)ê

 

Gambling licenses

 

 

 

 

 

 

Applications for

 

 

 

 

 

 

 

 

Card games

 

 

Other games

 

 

 

Slot machines; combinations

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

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

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

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


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

ê1939 Statutes of Nevada, Page 97 (CHAPTER 93, AB 247)ê

 

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

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

Repeal

 

In effect

 

________

 

CHAPTER 94, AB 211

[Assembly Bill No. 211–Committee on Education]

 

Chap. 94–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 160 of the above-entitled act, being section 5805 N. C. L. 1929, is hereby amended to read as follows:

      Section 160.  The state textbook commission shall hold its meetings to adopt textbooks in the office of the superintendent of public instruction in Carson City not later than the third Tuesday in April 1940, and not later than the third Tuesday in April every two years thereafter, unless an earlier date be asked for by a majority of the commission. The secretary, at the request or with the consent of any three members of the commission, may call special meetings of the state textbook commission whenever there may be business to transact of such importance as to justify the call, stating definitely the purpose of the meeting. At the meeting held not later than the third Tuesday in April 1940, and every two years thereafter not later than the third Tuesday in April, the state textbook commission may adopt a uniform series of textbooks for exclusive use as textbooks in all the elementary public schools of the state. If a contract for any textbook adopted at any regular meeting of the state textbook commission shall expire, either through the failure of the publishers of said book to fulfill the conditions of the contract, or for any other reason, the state textbook commission may adopt another book to take the place of the one on which the contract has lapsed, after notifying the textbook publishers as hereinafter provided for in cases of regular adoption. When regular adoptions are being made the commission may adjourn from day to day; provided, that the session shall not continue beyond ten actual days.

      Sec. 2.  Section 161 of the above-entitled act, being section 5806 N. C. L. 1929, is hereby amended to read as follows:

      Section 161.  Not later than the tenth day of February 1940, and every two years thereafter,

 

 

 

 

 

 

 

 

 

 

 

 

 

Textbook commission meetings

 

 

 

 

 

 

 

 

 

Contracts


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

ê1939 Statutes of Nevada, Page 98 (CHAPTER 94, AB 211)ê

 

Sealed proposals required

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Emergency action

 

 

 

 

 

 

 

In effect

1940, and every two years thereafter, if the commission shall deem it advisable to make changes in the lists of prescribed textbooks, the secretary of the commission shall notify all publishers of textbooks who shall have placed their names and post-office addresses on file with the said superintendent of public instruction, to be kept on file in the office of the said superintendent of public instruction, that the said textbook commission, as provided in this act, will meet and will receive sealed proposals up to twelve o’clock noon of the first day set for the meeting of the state textbook commission, as herein provided, for supplying the State of Nevada with a series of textbooks for use in all the public elementary schools of the state, for a period of four years from and after the first day of September next following the said meeting, in the following branches, viz: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, or such portion thereof as may be designated by the state board of education, and will also approve other books for supplemental use, as permitted in this act. Said sealed proposals shall be made in accordance with a form to be prescribed by the commission and shall be addressed to the superintendent of public instruction, Carson City, Nevada, and shall be endorsed “Sealed proposals for supplying textbooks for use in the State of Nevada.” Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books, and the retail price at which publishers will agree to furnish each textbook to the school children of Nevada at one or more places in each county as shall be designated by the commission. Whenever any contract shall be terminated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the textbook commission shall notify publishers to this effect, in a manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired term of such contract, and that sealed bids shall be filed with the superintendent of public instruction on or before a date to be determined by the commission, to be specified in the notification to publishers.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 99ê

CHAPTER 95, AB 272

[Assembly Bill No. 272–Mr. Burke]

 

Chap. 95–An Act to create a “civil service commission” in the city of Reno, Nevada; for the regulation of the police and fire departments of the city of Reno, Nevada; defining the powers of the said commission and regulating the personnel of the police and fire department of the city of Reno, Nevada; and other matters relating thereto.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created the “Civil Service Commission of Reno, Nevada.”

      On and after the first day of June 1939, the city council of Reno, Nevada, shall appoint as members of such civil service commission three residents and taxpayers of the city of Reno, Nevada, who shall otherwise have no connection with the city government. The members of said commission shall serve for a period of four years after their appointment. Upon the expiration of the term so provided for, and thereafter, successors to said board shall be appointed to terms of four years. Vacancies on the said civil service commission from whatever cause shall be filled by the said council by appointment of a successor for the unexpired term. Members of said commission shall serve without compensation.

      Sec. 2.  Whenever a vacancy in either the police or fire department of said city exists, a request shall be made of the commission by the chief of the respective department for the designation of suitable appointees. The commission shall designate suitable appointees within three days after receiving any request. If satisfactory the appointment of a suggested individual shall be made and confirmed by the council. If the suggested appointees fail of appointment and confirmation, the commission shall suggest individuals until the council does confirm.

      Sec. 3.  The commission shall have power to examine applicants and shall make rules and regulations governing the examinations of applicants and also rules and regulations governing disciplinary and removal proceedings, but such rules and regulations shall not in other respects conflict with the rules and regulations governing Reno fire department passed by Reno city council September 26, 1932, as amended December 27, 1937.

      Sec. 4.  Upon the request of either the city council, the chief of the fire department, or the chief of the police department, the commission shall call a meeting of the commission within five days after the receipt of such request.

      Sec. 5.  The commission shall have exclusive disciplinary power and authority over the members of the police and fire departments of said city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reno civil service commission

 

 

 

 

 

 

 

Recommendations

 

 

 

 

 

 

Examinations; supervision


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

ê1939 Statutes of Nevada, Page 100 (CHAPTER 95, AB 272)ê

 

Authority

 

 

 

 

 

 

 

 

Hearings

 

Seniority

 

 

 

Chiefs exempted

 

 

Expense

 

Repeal

 

In effect

power and authority over the members of the police and fire departments of said city. Said commission shall have disciplinary power over and may remove members of the police and fire departments of said city for incompetency, intemperance, immoral conduct, dishonesty, inattention to duties, insubordination, conduct unbecoming a gentleman, the making of any false statements to the commission, whether oral or in writing, failure or neglect to comply with the rules and regulations of the commission, refusal to testify before the commission when ordered by the commission so to do, and for refusing in any court to testify upon the ground of self-incrimination.

      No member of either department shall be suspended or removed without being given the opportunity of a hearing, at which he may be represented by counsel, and such hearings shall be public if so demanded by the accused.

      Any member of either department attaining rank therein, who is demoted for any reason other than those set forth in this section, shall not be discharged from his respective department, and shall hold all his seniority rights.

      Sec. 6.  This act shall not be applicable to the appointment of a chief of either department, and the commission shall have no disciplinary or removal power over said chiefs of said departments.

      Sec. 7.  The commission shall incur no expense unless same be approved by the city council, but the said council shall have power, in its discretion, to pay the necessary expenses of the commission.

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

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

 

________

 

CHAPTER 96, SB 32

 

[Senate Bill No. 32–Senator Wittenberg]

 

Chap. 96–An Act to amend an act entitled “An act to license and regulate insurance business in this state,” approved February 23, 1881.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section 2 of the above-entitled act, the same being section 3541 Nevada Compiled Laws 1929, is hereby amended to read as follows:


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

ê1939 Statutes of Nevada, Page 101 (CHAPTER 96, SB 32)ê

 

      Section 2.  Corporations may be formed under the general laws of this state for the transaction of insurance business, but no such corporation shall be permitted to assume any risk as insurer within this state or elsewhere, unless the same shall have at least five directors, who shall be residents and property owners in this state and stockholders in the corporation; nor until such corporation shall have a paid-up, unimpaired cash capital equal to one hundred thousand dollars, in United States gold coin, or lawful money of the United States, which shall be invested in this state, in state or United States bonds, bonds and mortgages on first-class, otherwise unincumbered, real estate, the market value of which shall be at least double the amount invested in or loaned thereon, bonds of any school district, city, or county in this state, the issuance of which was duly authorized by law, bonds of any railroad, wagon road, ditch, or canal incorporation or association; provided, that for one year after the granting of the license hereinafter provided for, to any insurance company formed under the laws of this state, such cash capital on one hundred thousand dollars may consist of twenty-five thousand dollars in cash, and seventy-five thousand dollars in negotiable promissory notes, payable to it, approved by the state bank examiner and state controller, and bearing interest at the rate of at least six percent per annum, and payable within one year after the granting of such license; provided, that such bonds or securities shall at no time be estimated as assets of such corporation at more than their actual cash value, and nothing in this act shall be construed to permit any investment in mining stock. Any corporation formed under the laws of this state for the transaction of insurance business may change its name, increase its capital stock, change the location of its principal office, extend its corporate existence, change the number of its directors or trustees, in the manner provided by an act entitled “An act providing a general corporate law,” approved March 21, 1925; provided, that nothing herein contained shall be so construed as to authorize or permit any corporation formed under the provisions of this act to decrease its capital stock to less than one hundred thousand dollars.

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

Insurance corporations

 

 

 

 

Capital, in general

 

 

 

 

 

Capital, first year

 

 

 

 

 

 

 

 

 

Powers

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 102ê

CHAPTER 97, AB 283

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

Nevada diamond jubilee commission

 

 

 

 

 

 

Appropriation

 

 

Duties and powers

 

 

 

 

 

In effect

[Assembly Bill No. 283–Committee on State Publicity]

 

Chap. 97–An Act to provide for the recognition of the seventy-fifth anniversary of Nevada’s admission to the union, designating the same as Nevada’s diamond jubilee, making an appropriation therefor, and other matters properly relating thereto.

 

[Approved March 20, 1939]

 

      Whereas, On the 31st day of October 1939, Nevada will have celebrated its seventy-fifth year of service in the union of states; and

      Whereas, The entry of Nevada into the union was a momentous matter in relation to the civil war, and the permanent establishment of the union; and

      Whereas, The important role played by Nevada and her great wealth that has been contributed for the benefit of the nation, it is appropriate that its seventy-fifth birthday should be properly celebrated; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  In order to make a proper observance of Nevada’s seventy-fifth anniversary of its admission into the union, a commission is hereby created to make provision for the proper celebration of Nevada’s admission to the union on the 31st day of October 1939, said commission to be composed of three persons to be appointed by the governor of the State of Nevada.

      Sec. 2.  Said commission so appointed by the governor, under the provision of section one of this act, shall serve in the capacity of commissioners for the diamond jubilee of the State of Nevada without salary.

      Sec. 3.  The sum of five thousand ($5,000) dollars is hereby appropriated out of any money in the general fund of the State of Nevada, not otherwise specifically appropriated, to carry out the provisions of this act.

      Sec. 4.  It shall be the duty of said commission to confer with the governor of the State of Nevada with reference to the best methods and means of properly celebrating Nevada’s diamond jubilee, and they may employ such persons and assistants as may be necessary to carry out the provisions of this act, and do all necessary and proper things within the limitations of this act to carry out the full purpose and intent of this act.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 103ê

CHAPTER 98, AB 248

[Assembly Bill No. 248–Mr. Barr]

 

Chap. 98–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing, authorizing the establishment, control, and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,” approved March 20, 1929, as amended.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 53 of the above-entitled act, being section 3087 N. C. L. 1929, as amended by chapter 188 Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 53.  The county auditor shall from time to time issue to the county clerk so many anglers’ licenses and hunting licenses as he may need, taking his receipt therefor, and charging him therewith, such issuance to consist of the delivery of such licenses by the auditor to the clerk. Such licenses granting the privilege to hunt or fish during the open season as fixed by law shall have written thereon the words:

Expires December 31, 19.......

State of Nevada, County of.......................

Angler’s License-Hunting License

      Name.....................................................................................................................................

      Age.............................................................         Height.....................................................

      Eyes, color...........................................         Hair, color.....................................................

      Residence............................................................................................................................

      The holder of this license hereby agrees to exhibit any game in my possession to any regularly appointed state or county warden or deputy warden upon demand.

      Owner’s signature...........................................................................................................

      No................      Date issued......................................................           Not transferable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hunting and fishing licenses


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

ê1939 Statutes of Nevada, Page 104 (CHAPTER 98, AB 248)ê

 

 

Issue

 

 

 

 

Settlement

 

 

 

 

In effect

      The clerk or any agent or agents designated by the clerk or by the county fish and game warden or the deputy county wardens shall issue and deliver upon application such licenses herein referred to. The clerk shall designate the class of license issued to each person by printing or stamping across the face and stub thereof words indicating the class, as designated in section 54 of this act, together with the sum paid therefor.

      On the first Monday in December in each year the county clerk shall return to the county auditor all fish and game licenses received by him and not used, and shall pay to the county treasurer the total amount collected and not paid heretofore; and on the same day the county treasurer shall attend with the county clerk at the office of the county auditor, and the county auditor shall then and there finally settle with the county clerk for all fish and game licenses delivered to him.

      Sec. 2.  This act shall be in full force and effect on and after January 1, 1940.

 

________

 

CHAPTER 99, AB 284

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New York fair commission

 

 

 

 

In effect

[Assembly Bill No. 284–Committee on State Publicity]

 

Chap. 99–An Act to amend an act entitled “An act providing for the participation by the State of Nevada in the New York world’s fair to be held in New York City, New York, in 1939; providing for the creation of a state world’s fair commission, defining the powers and duties of said commission, and making an appropriation therefor, and other matters properly connected therewith,” approved March 26, 1937.

 

[Approved March 20, 1939]

 

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 191 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 2.  Said commission shall be composed of five members, citizens of the State of Nevada, to be appointed by the governor of the State of Nevada on or before the first day of June 1939. The governor of the State of Nevada shall be ex officio chairman of the commission. The commission shall organize at the call of the governor by electing a chairman, a vice chairman, and secretary. The secretary need not be a member of the commission.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 105ê

CHAPTER 100, AB 140

[Assembly Bill No. 140–Mr. Amodei]

 

Chap. 100–An Act to provide an appropriation for furnishing certain rooms in the Nevada heroes memorial building.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated the sum of one thousand two hundred ($1,200) dollars out of any moneys in the general fund of the state treasury not otherwise appropriated for the purpose of purchasing equipment and making necessary repairs in the rooms provided for the use of ex-service men as designated in an act entitled “An act to amend section 1 of an act entitled ‘An act to provide for the erection of the Nevada heroes memorial building in Carson City, Nevada, defining the duties of the board of capitol commissioners in respect thereto, providing for the issuance of bonds therefor and the manner of their sale and redemption, and other matters relating thereto,’ approved March 29, 1919,” approved March 7, 1921.

      Sec. 2.  The board of control is hereby empowered to make the necessary expenditures from the funds appropriated for this purpose. Before purchasing any such furniture, however, the said board of control shall ascertain, insofar as possible, the needs and requirements of the ex-service men, such needs and requirements being given due consideration by said board of control when furnishings are purchased; provided, such furnishings shall remain in the quarters provided for the use of such ex-service men exclusively, and shall not be used for any purpose, or purposes, other than required by the ex-service men and auxiliary.

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

 

 

 

 

 

 

 

 

 

 

Heroes’ memorial building furnishings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 101, AB 116

[Assembly Bill No. 116–Committee on Livestock]

 

Chap. 101–An Act making an appropriation to assist the state board of stock commissioners in combating certain livestock diseases constituting a menace to the public health.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, to be expended by the state board of stock commissioners, during the biennium ending June 30, 1941, for the better control and eradication of tuberculosis, Bang’s disease, or any other disease of livestock communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise.

 


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

ê1939 Statutes of Nevada, Page 106 (CHAPTER 101, AB 116)ê

 

Stock diseases; appropriation

the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, to be expended by the state board of stock commissioners, during the biennium ending June 30, 1941, for the better control and eradication of tuberculosis, Bang’s disease, or any other disease of livestock communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise.

      Sec. 2.  Any claims against this appropriation shall be audited, if approved by the state board of stock commissioners, forwarded to the state board of examiners for approval and payment in the manner provided by law.

 

________

 

CHAPTER 102, AB 117

 

 

 

 

 

 

 

 

 

 

 

 

Insect pests, appropriation

 

 

 

 

 

 

 

Cooperation

 

 

 

In effect

[Assembly Bill No. 117–Elko, Humboldt, White Pine, Eureka, Lander, Pershing, and Washoe County Delegations]

 

Chap. 102–An Act providing for the investigation and control of injurious insect pests in the State of Nevada, and making an appropriation therefor.

 

[Approved March 20, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of investigating the prevalence of and controlling Mormon crickets, grasshoppers, alfalfa weevils, and other insect pests which may be injurious to the agricultural industry in the State of Nevada, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of twenty-four thousand ($24,000) dollars, or so much thereof as may be necessary, for the period between the passage and approval of this act and June 30, 1941; the money hereby appropriated to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved or disapproved by the state quarantine officer and the state board of examiners.

      Sec. 2.  For the more efficient and economical carrying out of the provisions of this act, the state quarantine officer is hereby authorized to cooperate, financially or otherwise, with any individual, firm, or corporation, or with any county, or with any department of the Nevada or other state government, or any agency of the federal government.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 107ê

CHAPTER 103, AB 227

[Assembly Bill No. 227–Mr. Cahill]

 

Chap. 103–An Act to appropriate money for direct relief and work relief in cooperation with the government of the United States of America; to provide for an agency to certify relief labor to the works progress administration and other federal work programs employing relief labor; to assist in the cost of distributing federal surplus commodities to the needy people of Nevada, and other matters relating thereto.

 

[Approved March 20, 1939]

 

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 costs of direct relief, work relief, and the purchase of supplies and materials for work relief, and expenses incidental thereto, in cooperation with the government of the United States of America; and for the purpose of providing a certifying agency to examine into and pass upon the needs and legal qualifications of applicants for work financed by the works progress administration, or any other federally financed work program, employing relief labor; and for the purpose of assisting in the cost of distribution of federal surplus commodities to the needy of the State of Nevada, the sum of sixty-six thousand dollars ($66,000) is hereby appropriated out of any funds in the general fund of the State of Nevada not otherwise appropriated.

      Sec. 2.  This money shall be paid to the federal emergency relief administration for Nevada in installments of three thousand dollars ($3,000) per month, the first installment to be paid on or before the 31st day of March 1939, and a like amount thereafter on or before the 15th day of each calendar month for the period of twenty-one (21) months; provided, however, that in the event the federal government shall discontinue its employment relief, said monthly payments to the federal emergency relief administration for Nevada shall likewise be discontinued.

      Sec. 3.  Effective Date.  An emergency for the operation and application of this act is hereby declared to exist in this state, and this act shall, therefore, be in full force and effect immediately from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relief; sum for cooperation in

 

 

 

 

 

 

 

 

Installments

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 108ê

CHAPTER 104, SB 117

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale of Mineral County power system

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners limited

 

 

 

Employees bonded

[Senate Bill No. 117–Senator Miller]

 

Chap. 104–An Act to amend the title of and to amend an act entitled “An act to amend an act entitled ‘An act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to sell that certain property commonly known as and called the Mineral County power system, providing the method of making such sale, the amount thereof, and other matters properly related thereto,’ approved March 26, 1929,” approved March 18, 1931, and adding four sections thereto.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

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

      An act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to sell that certain property commonly known as and called the Mineral County power system, providing the method of making such sale and the minimum offer authorized to be accepted, prohibiting said commissioners in the management of said power system from engaging in any business other than that of selling or distributing electric energy to consumers, providing for the bonding of employees entrusted with money, and prohibiting said commissioners from using any of the proceeds from the management of said power system for any use other than the purchase of power, the payment of interest on bonds and redemption of bonds, and the actual operating and maintenance expense of said system, authorizing the commissioners to sell certain property, and other matters properly connected therewith or appertaining thereto.

      Sec. 2.  There are hereby added four new sections to the above-entitled act to be designated as sections 3, 4, 5, and 6 to follow immediately after section 2 of said act, said sections to read as follows:

      Section 3.  Said commissioners of Mineral County in the operation, maintenance, and management of said Mineral County power system, shall not transact or engage in any business of any kind or nature other than the sale and distribution of electric energy to consumers.

      Section 4.  All employees of said system from and after May 1, 1939, who are entrusted with the handling or collection of money belonging to said system shall, before entering upon the duties of their office, furnish a bond in the amount of at least five thousand ($5,000) dollars, conditioned upon the faithful performance of his duties; provided, said bond shall be approved by the board of county commissioners before such employees enter upon the duties of their offices, and shall be filed with the county clerk and treasurer for safe-keeping.


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

ê1939 Statutes of Nevada, Page 109 (CHAPTER 104, SB 117)ê

 

before such employees enter upon the duties of their offices, and shall be filed with the county clerk and treasurer for safe-keeping.

      Section 5.  Said commissioners in the management and operation of said power system are directed to use the proceeds from said power system in no other way or ways than the purchase of power, the payment of interest on the outstanding bonds of such system, the redemption of bonds of said system, and the actual operating and maintenance expenses.

      Section 6.  Said commissioners in the operation of said system are authorized to sell any and all equipment owned by said power system that in their discretion is not needed for such operation and in their discretion should be sold; provided, the selling price of any such equipment that may hereafter be sold in compliance with the provisions of this section shall be not less than actual cost of such equipment.

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

      Sec. 8.  This act shall be effective except as to the bonding of employees, as provided herein, from and after its passage and approval.

 

 

Disposal of the proceeds

 

 

 

Sale of surplus equipment

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 105, SB 155

[Senate Bill No. 155–Senator Miller]

 

Chap. 105–An act to amend an act entitled “An act to amend an act entitled ‘An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire, and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto,’ approved March 4, 1921, and acts amendatory thereof and supplementary thereto,” approved March 20, 1933.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of said act, as amended in chapter 113 Statutes of Nevada of 1933, pages 141 to 143, both inclusive, is hereby amended to read as follows:

 


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

ê1939 Statutes of Nevada, Page 110 (CHAPTER 105, SB 155)ê

 

 

Mineral County power system

 

 

 

Manager

 

 

 

 

 

 

 

 

 

Other employees

 

 

 

Added employees

 

 

 

Bonds

 

 

 

Reports

      Section 17.  (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $250 per month, a qualified and competent person, but who must have had at least three years’ practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public electric utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto; provided, the board, by unanimous vote to be entered of record in their proceedings, may designate one of their own number as such general manager, and the member so designated shall give a like bond for the faithful performance of his duties. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.

      (b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

      (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.


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

ê1939 Statutes of Nevada, Page 111 (CHAPTER 105, SB 155)ê

 

giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.

      (d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.

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

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

 

 

 

 

 

 

Salvage

 

 

Repeal

 

In effect

 

________

 

CHAPTER 106, SB 99

[Senate Bill No. 99–Senator Gibson]

 

Chap. 106–An Act to authorize counties of the State of Nevada to issue negotiable interest-bearing warrants for payment of salaries and other necessary expenses of the schools, and other matters relating thereto.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever, for any reason, the amount of money actually received from the collection of taxes in any county of the State of Nevada, and which is actually available to pay the salaries and other lawful expenses of the schools therein for that year, as theretofore duly budgeted, is less than the amount so budgeted therefor and is, for that reason, insufficient to pay such salaries and expenses of maintaining such schools for that year, the county auditor of such county, by and with the approval of the state board of finance, is hereby authorized and directed to draw warrants and issue the same in payment of claims duly audited, as provided by law, by the school boards, within the amount and to the extent covered by and provided for in the budget of expenses theretofore duly made and adopted for such schools for the year in which such claims are presented for payment, although no money be in the fund for payment of such warrants at the time.

      Sec. 2.  If there be no funds to pay such warrants when presented to the county treasurer of such county, the county treasurer of such county shall endorse thereon “Not paid for want of funds,” with the date of presentation, and shall in attestation thereof fix his signature thereto; and he shall register said warrant in the records of his office, and shall thereupon deliver said warrant to the claimant or his order.

 

 

 

 

 

 

 

 

 

 

 

School warrants


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

ê1939 Statutes of Nevada, Page 112 (CHAPTER 106, SB 99)ê

 

Bear interest, when

 

 

 

 

 

 

Redemption

 

 

 

 

 

 

 

 

 

 

Expiration of act, proviso

 

 

 

 

May reject act

 

 

Repeal

 

In effect

presented to the county treasurer of such county, the county treasurer of such county shall endorse thereon “Not paid for want of funds,” with the date of presentation, and shall in attestation thereof fix his signature thereto; and he shall register said warrant in the records of his office, and shall thereupon deliver said warrant to the claimant or his order. From that time such warrant shall bear interest at the rate of four percent per annum as herein provided.

      Sec. 3.  When the county treasurer shall ascertain that there are sufficient moneys in the county treasury to the credit of a particular fund which can be applied to the payment of any or all such endorsed warrants, he shall set apart the same, or so much thereof as may be necessary, for the payment of such endorsed warrants and accrued interest; and he shall, in addition, forthwith give notice in a newspaper published in the county, stating therein that he is ready to pay said warrants. Such notice shall be dated the day of its publication, and from the publication of such notice such warrants shall cease to bear interest. Such endorsed warrants shall be called in the order of their registration in the office of the county treasurer, and when presented the county treasurer shall pay the warrant for the amount of the warrant and interest thereon.

      Sec. 4.  The intent and purpose of this act is to provide emergency relief to the schools of the State of Nevada, and this act shall remain in force only to the end of the fiscal year 1940-1941; provided, that any county warrants registered in the office of the county treasurer on or before December 31, 1941, shall still be subject to the provisions of this act for payment; and provided further, that the full faith, credit, and resources of such county are pledged to the payment of said warrants in such county.

      Sec. 5.  Any county, county board of education or school district may reject the provisions of this act by the passage of a resolution by the county board of education of such county or the board of school trustees of any district, and filing the same with the county auditor of the county affected.

      Sec. 6.  All acts and parts of acts insofar as they conflict with the provisions of this act are hereby repealed.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 113ê

CHAPTER 107, SB 100

[Senate Bill No. 100–Committee on Ways and Means]

 

Chap. 107–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the importation and sale of wines, beers, and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers’ and wholesalers’ licenses; to impose a stamp tax on the sale of such wines, beers, and intoxicating liquors, to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; to provide penalties for the violation thereof; and to repeal all acts or parts of acts in conflict herewith,” approved March 30, 1935.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

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

      Section 19.  Five percent of the revenue derived from the provisions of this act, or so much thereof as may be necessary, shall be set aside by the Nevada tax commission, as collected, for the payment of the cost of administration of the provisions of this act, provided that all moneys in excess of one thousand dollars ($1,000) remaining in the amount so set aside for administration purposes shall revert to the general fund on June 30 each year.

      Sec. 2.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  From the balance of revenues derived from this act, after the cost of administration has been deducted therefrom, there shall be apportioned fifty (50%) percent thereof to the state distributive school fund, forty (40%) percent thereof to the university contingent fund, and ten (10%) percent thereof to the consolidated bond interest and redemption fund.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Liquor revenue administration cost

 

 

Reversion

 

 

 

Allocation of proceeds

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 114ê

CHAPTER 108, AB 226

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Writ of review

 

 

 

 

 

 

May test constitutionality

 

 

 

 

 

In effect

[Assembly Bill No. 226–Mr. Loomis]

 

Chap. 108–An Act to amend chapter 72, section 742, of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 742 of chapter 72 of the above-entitled act, being Nevada Compiled Laws (1929) 9231, is hereby amended to read as follows:

      Section 742.  This writ may be granted, on application, by the supreme court, a district court, or a judge of the district court. When the writ is issued by the district court or a judge of the district court it shall be made returnable before the district court. The writ shall be granted in all cases when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy. In any case prosecuted for the violation of a statute or municipal ordinance wherein an appeal has been taken from a justice’s court or from a municipal court, and wherein the district court has passed upon the constitutionality or validity of such statute or ordinance, the writ shall be granted by the supreme court upon application of the state or municipality or defendant, for the purpose of reviewing the constitutionality or validity of such statute or ordinance, but in no case shall the defendant be tried again for the same offense. The provisions of this act shall be applicable in any proceeding now pending in any of the courts of this state.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 115ê

CHAPTER 109, SB 80

[Senate Bill No. 80–Senator Gibson]

 

Chap. 109–An Act to amend the title of and to amend an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review and providing for other officers and employees and defining their powers and duties; and other matters relating thereto,” approved March 23, 1937, and to insert therein two new sections to be known as sections 14 1/2 and 15 1/2.

 

[Approved March 21, 1939]

 

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

Assembly, do enact as follows:

 

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

      An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto.

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

      Section 2.  As used in this act, unless the context clearly requires otherwise-

      (a) “Base period” means the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year.

      (b) “Benefits” means the money payments payable to an individual, as provided in this act, with respect to his unemployment.

      (c) “Benefit year,” with respect to any individual, means the fifty-two consecutive week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year. Any claim for benefits made in accordance with section 6(a) of this act shall be deemed to be a valid claim for the purposes of this subsection if the individual has earned wages for employment by employers as provided in section 4(e) of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unemployment compensation

 

 

 

New title

 

 

Terms defined


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

ê1939 Statutes of Nevada, Page 116 (CHAPTER 109, SB 80)ê

 

Terms defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer

subsection if the individual has earned wages for employment by employers as provided in section 4(e) of this act.

      (d) “Contributions” means the money payments to the state unemployment compensation fund required by this act.

      (e) “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the commissioner may by regulation prescribe, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938.

      (f) “Commissioner” as used in sections 10(a), 11(f), 12(a), 12(b), 13(a), and 13(b), means the labor commissioner of the State of Nevada; in all other sections and parts of sections of this act, the word “commissioner” shall be deemed to mean the director of the unemployment compensation division.

      (g) “Employing unit” means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this state. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this act. Each individual employed to perform or to assist in performing the work of any agent or employee of any employing unit shall be deemed to be employed by such employing unit for all the purposes of this act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of the work.

      (h) “Employer” means:

      (1) Any employing unit which for any calendar quarter has paid or is liable to pay wages of $225 or more, and which employs during such period one or more persons in an employment subject to this act;

      (2) Any individual or employing unit which acquired the organization, trade, or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this act;

      (3) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit, if the employment record of such individual or employing unit subsequent to such acquisition, together with the employment record of the acquired unit prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this act under paragraph 1 of this subsection.


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

ê1939 Statutes of Nevada, Page 117 (CHAPTER 109, SB 80)ê

 

to such acquisition, together with the employment record of the acquired unit prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this act under paragraph 1 of this subsection.

      (4) Any employing unit which, having become an employer under paragraph (1), (2) or (3) has not, under section 8, ceased to be an employer subject to this act; or

      (5) For the effective period of its election pursuant to section 8(c) any other employing unit which has elected to become fully subject to this act.

      (i) (1) “Employment,” subject to the other provisions of this subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.

      (2) The term “employment” shall include an individual’s entire service, performed within or both within and without this state if-

      (A) The service is localized in this state; or

      (B) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual’s residence is in this state.

      (3) Services not covered under paragraph (2) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.

      (4) Service shall be deemed to be localized within a state if-

      (A) The service is performed entirely within such state; or

      (B) The service is performed both within and without such state, but the service performed without such state is incidental to the individual’s service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.

      (5) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the commissioner that-

 

Employer

 

 

 

 

 

 

 

Employment


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

ê1939 Statutes of Nevada, Page 118 (CHAPTER 109, SB 80)ê

 

 

 

Exceptions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Official

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Charitable

until it is shown to the satisfaction of the commissioner that-

      (A) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and

      (B) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and

      (C) Such individual is customarily engaged in an independently established trade, occupation, profession, or business.

      (6) The term “Employment” shall not include:

      (1) Agricultural labor;

      (2) Domestic service in a private home;

      (3) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;

      (4) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;

      (5) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the Congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the commissioner from the unemployment fund, without interest;

      (6) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state or its political subdivisions.

      (7) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

 


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

ê1939 Statutes of Nevada, Page 119 (CHAPTER 109, SB 80)ê

 

to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

      (8) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of Congress; provided, that the commissioner is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 11(b) of this act for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this act.

      (j) “Employment office” means a free public employment office or branch thereof, operated by this state or maintained as a part of a state controlled system of public employment offices.

      (k) “Fund” means the unemployment compensation fund established by this act, to which all contributions required and from which all benefits provided under this act shall be paid.

      (l) “State” includes, in addition to the states of the United States of America, Alaska, Hawaii, and the District of Columbia.

      (m) “Unemployment.”  An individual shall be deemed “unemployed” in any week during which he performs no services and with respect to which no wages are payable to him or in any week of less than full-time work, if the wages payable to him with respect to such week are less than his weekly benefit amount. The commissioner shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the commissioner deems necessary.

      (n) “Wages” means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remunerations payable in any medium other than cash. The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the commissioner.

 

 

Railroad

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unemployment


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

ê1939 Statutes of Nevada, Page 120 (CHAPTER 109, SB 80)ê

 

 

 

 

 

 

When benefits paid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How long paid

      (o) “Week” means such period of seven consecutive calendar days as the commissioner may by regulations prescribe.

      (p) “Weekly benefit amount.”  An individual’s “weekly benefit amount” means the amount of benefit he would be entitled to receive for one week of total unemployment.

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

      Section 3.  (a) Payment of Benefits.  Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund; provided, that wages earned for services performed in the employ of an employer, as defined in the railroad unemployment insurance act (52 Stat. 1094), shall not be included for purposes of determining eligibility under section 4(e), or total amount of benefits under subsection (d) of this section with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on basis of such wages under subsections (b) or (c) of this section. All benefits shall be paid through employment offices in accordance with such regulations as the commissioner may prescribe.

      (b) (1) Weekly Benefit Amount.  An individual’s “weekly benefit amount” shall be an amount equal to one-twentieth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, but not more than fifteen dollars per week, nor less than five dollars per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.

      (2) Weekly Benefit for Unemployment.  Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less that part of the wages (if any) payable to him with respect to such week which is in excess of $3. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.

      (c) Duration of Benefits.  Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (1) eighteen times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1 for the purposes of this section, and of section 4(e) hereof, wages shall be counted as “wages for employment by employers” for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of section 2(h) or section 8(c) with respect to becoming an employer.


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

ê1939 Statutes of Nevada, Page 121 (CHAPTER 109, SB 80)ê

 

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

      Section 4.  An unemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that-

      (a) He has registered for work at, and thereafter has continued to report at, an employment office, in accordance with such regulations as the commissioner may prescribe, except that the commissioner may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this act.

      (b) He has made a claim for benefits in accordance with the provisions of section 6(a) of this act.

      (c) He is able to work, and is available for work.

      (d) He has been unemployed for a waiting period of two weeks. Such weeks of unemployment need not be consecutive. No week shall be counted as a week of unemployment for the purposes of this subsection:

      (1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits; provided, that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment; and provided further, that the week or the two consecutive weeks immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this subsection only) to be within such benefit year as well as within the preceding benefit year.

      (2) If benefits have been paid or are payable with respect thereto;

      (3) Unless the individual was eligible for benefits with respect thereto as provided in sections 4 and 5 of this act, except for the requirements of this subsection and of subsection (e) of section 5.

      (e) He has within his base year earned wages of not less than two hundred ($200) dollars. For the purpose of this section wages shall be counted for benefit purposes with respect to any benefit year only if such benefit year began subsequent to the date on which the employer, from whom such wages were earned, has satisfied the conditions of section 8(c) or 2(h) with respect to becoming an employer.

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

      Section 5.  An individual shall be disqualified for benefits-

      (a) For the week in which he has left his most recent work voluntarily without good cause, if so found by the commissioner, and for not more than five weeks which immediately follow such week, as determined by the commissioner according to the circumstances in each case.

 

 

 

Qualifications

 

 

 

 

 

 

 

 

 

 

 

 

Benefit year

 

 

 

 

 

 

 

 

 

 

Earning limit


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

ê1939 Statutes of Nevada, Page 122 (CHAPTER 109, SB 80)ê

 

Disqualifications

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Suitable work defined

 

 

 

 

 

 

 

 

 

 

 

 

Striking

work voluntarily without good cause, if so found by the commissioner, and for not more than five weeks which immediately follow such week, as determined by the commissioner according to the circumstances in each case.

      (b) For the week in which he has been discharged by his most recent employing unit for misconduct connected with his work, if so found by the commissioner, and for not more than five weeks which immediately follow such week, as determined by the commissioner in each case according to the seriousness of the misconduct.

      (c) If the commissioner finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the commissioner or to accept suitable work when offered him, or to return to his customary self-employment (if any) when so directed by the commissioner. Such disqualification shall continue for the week in which such failure occurred and for not more than the five weeks which immediately follow such week as determined by the commissioner according to the circumstances in each case.

      (1) In determining whether or not any work is suitable for an individual, the commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.

      (2) Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

      (d) For any week with respect to which the commissioner finds that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the commissioner that-

      (1) He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and


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

ê1939 Statutes of Nevada, Page 123 (CHAPTER 109, SB 80)ê

 

      (2) He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute;

      Provided, that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises.

      (e) For any week with respect to which or to a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States; provided, that if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.

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

      Section 6.  (a) Filing.  Claims for benefits shall be made in accordance with such regulations as the commissioner may prescribe. Each employer shall post and maintain in places readily accessible to individuals in his service a printed statement concerning such regulations or such other matters as the commissioner may by regulation prescribe. Each employer shall supply to each individual in his service, at the time such individual becomes unemployed, copies of such printed statements or materials relating to claims for benefits as the commissioner may by regulation prescribe. Such printed statements or other material shall be supplied by the commissioner to each employer without cost to said employer.

      (b) Initial Determination.  Each claim shall be examined in accordance with such regulations as the commissioner may prescribe, and on the basis of the facts found it shall be determined whether or not benefits are payable with respect to such claim, and, if payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration thereof; provided, that in any case where the payment or denial of benefits will be determined by the provisions of section 5(d) of the act, the findings of fact with respect to that subsection shall be transmitted to the commissioner, who, on the basis of the evidence submitted and such additional evidence as he may require, shall make a determination as to whether benefits are payable, commencement of benefits, weekly benefit amount payable, and the maximum duration thereof. Any determination rendered in accordance with the preceding sentence shall be deemed an initial determination. Notice of any determination, together with the reasons therefor, shall be promptly given to the claimant; notice of any determination under which the claimant is held to be eligible for benefits or waiting period credit may be given to such other parties as the commissioner may by regulation prescribe.

 

 

 

 

Separability of job

 

 

 

 

 

 

 

 

 

Claims

 

 

 

 

 

 

 

 

Preliminary determination


……………………………………………