[Rev. 12/19/2019 6:11:33 PM]

Link to Page 186

 

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ê1941 Statutes of Nevada, Page 187 (CHAPTER 107, AB 5)ê

 

his or her heirs or devisees, subject to the power of the court to set it apart for a limited period to the family of the decedent, as herein provided. In either case it is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, except it be secured by lawful liens thereon.

      Sec. 116.  When property, other than a homestead selected and recorded during the lifetime of the decedent, is set apart to the use of the family in accordance with the provisions of this act, such property, if the decedent left a surviving spouse and no minor child, is the property of such spouse; if the decedent left also a minor child or children, one-half of such property belongs to the surviving spouse and the remainder to the child or in equal shares to the children; if there is no surviving spouse the whole belongs to the minor child or children. But if the homestead, so set apart, was the separate property of the decedent, the court can set it apart only for a limited period, to be designated in the order, which, in no case, shall extend beyond the lifetime of the surviving spouse, or, as to a child, beyond its minority, and, subject to such limited homestead right, such property belongs to the heirs or devisees of the decedent.

      Sec. 117.  When a person shall die leaving an estate, the gross value of which does not exceed one thousand dollars, and there be a surviving husband or wife, or a minor child or children, such estate shall not be administered upon, but the whole thereof, after directing such payments as may be deemed just, shall be, by an order for that purpose, assigned and set apart for the support of the surviving husband or wife or minor children of the deceased, or for the support of the minor child or children, if there be no surviving husband or wife; provided, that the whole of such estate, even though there be a surviving husband or wife, may, in the discretion of the court, after directing the deductions aforesaid, be set aside to the minor child or children of the deceased according to the subserviency of the best interests of such minor child or children; provided, further, that when a person shall die leaving no surviving spouse nor minor child, and an estate, the gross value of which does not exceed four hundred dollars, upon good cause shown therefor, the judge may order that such estate shall not be administered upon, but the whole thereof shall be by the judge, by an order for that purpose, assigned and set apart, first, to the payment of funeral expenses, expenses of last illness, and creditors, if any there be, and, second, any balance remaining to the claimant or claimants entitled thereto. All proceedings taken under this section, whether or not the decedent left a will, shall be originated by a verified petition containing a specific description of all of the decedent’s property, a list of all the liens, encumbrances of record at the date of his death, an estimate of the value of the property, and a statement of the debts of the decedent so far as known to the petitioner, and may include a prayer that if the court finds that the total value of the estate does not exceed, as the case may be, the sum of $1,000 or $400, the same be set aside as in this section provided.

 

 

 

 

Property to be apportioned

 

 

 

 

 

 

 

 

 

Estates of $1,000

 

 

 

 

 

 

 

 

 

 

Estates of $400


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ê1941 Statutes of Nevada, Page 188 (CHAPTER 107, AB 5)ê

 

 

Verified petition to be filed

 

 

 

 

 

 

 

 

Family allowance, how granted

 

Appointment of executor to be published

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special notice may be demanded

of record at the date of his death, an estimate of the value of the property, and a statement of the debts of the decedent so far as known to the petitioner, and may include a prayer that if the court finds that the total value of the estate does not exceed, as the case may be, the sum of $1,000 or $400, the same be set aside as in this section provided. Notice of such petition shall be given by posting such notice upon the bulletin board of the county courthouse of the county in which said petition is filed for at least ten days before the date set for the hearing of said petition. If such be the fact, the notice shall include a statement that a prayer for setting aside the estate to the husband, or wife, or minor child, or children, as the case may be, is included in the petition.

      Sec. 118.  If the widow or any minor child has a reasonable maintenance derived from other property, and there are other persons entitled to a family allowance, the allowance shall be granted only to those who have not such maintenance, or such allowance may be apportioned in such manner as may be just.

      Sec. 119.  Every executor or administrator shall, immediately after his appointment, cause to be published in some newspaper published in the county, if there be one, if not, then in such newspaper as may be designated by the court or judge, and post a copy thereof at the courthouse of the county a notice of his appointment as such executor or administrator. Such notice shall be properly entitled in the court and cause, specifying the date of appointment, the name of deceased, and shall be dated and officially signed by the executor or administrator, and shall direct that all persons having claims against the estate are required to file the same, with the proper vouchers and statutory affidavits attached, with the clerk of the court within three months from the date of the first publication of the notice. Such notice shall be published at least once a week for four weeks. After the notice shall have been given as above required, a copy thereof, with the affidavit of publication and posting, shall be filed. In case an executor or administrator dies, resigns, or is removed after the expiration of the time for the publication of notice to creditors as provided in this section and in section 308 of this act, his successor need give no further notice to creditors.

      At any time after the issuance of letters testamentary or of administration upon the estate of any decedent any person interested in said estate, or the property thereof, or the attorney for such person, may serve upon the executor or administrator (or upon the attorney for the executor or administrator), and file with the clerk of the court wherein administration of such estate is pending a written request stating that he desires special notice of any or all of the following-mentioned matters, steps or proceedings in the administration of said estate, to wit:

 


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ê1941 Statutes of Nevada, Page 189 (CHAPTER 107, AB 5)ê

 

of the following-mentioned matters, steps or proceedings in the administration of said estate, to wit:

      1.  Filing of returns of sales, leases or mortgages of any property of the estate, and for confirmation thereof.

      2.  Filing of accounts.

      3.  Filing of petitions for any purpose.

      Such request shall state the post-office address of such person or his attorney, and thereafter a brief notice of the filing of any such returns, petitions or accounts, shall be addressed to such person, or his attorney, at his stated post-office address, and deposited in the United States post office, with the postage thereon prepaid, within two days after the filing of such return, petition or account; or personal service of such notices may be made on such person or his attorney within said two days, and such personal service shall be equivalent to such deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of such petition, return or account. If, upon the hearing, it shall appear to the satisfaction of the court that the said notice has been regularly given, the court shall so find in its order or judgment and such judgment shall be final and conclusive upon all persons.

      Sec. 120.  All persons having claims against the deceased must, within three months after the first publication of the notice specified in section 119, file the same, with the necessary vouchers, with the clerk of the court, who shall file and register each claim. If a claim be not filed with the clerk within three months after the first publication of said notice, it shall be forever barred; provided, that when it shall be made to appear by the affidavit of the claimant, or by other proof, that he had no notice as provided in this act, to the satisfaction of the court or judge, it may be filed at any time before the filing of the final account. No holder of a claim against an estate shall maintain an action thereon unless the claim is first filed with the clerk, except in the following case:  An action may be brought by the holder of a mortgage or lien to enforce the same against the property of the estate subject thereto where all recourse against any other property of the estate is expressly waived in the complaint.

      All claims paid shall bear interest from date of filing and at the rate of 3% per annum unless a different rate is by contract or otherwise applicable thereto.

      Sec. 121.  Every claim filed with the clerk shall be supported by the affidavit of the claimant that the amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the......day of..........), that no payments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant shall be set forth in the affidavit.

 

 

 

 

 

 

What request to state

 

 

 

 

 

 

 

 

 

 

Claims must be filed within three months

 

 

 

 

 

 

 

 

 

 

Interest

 

Claims must be supported by affidavit


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ê1941 Statutes of Nevada, Page 190 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

 

 

Procedure when executor a creditor of decedent

 

 

 

 

 

 

 

 

 

 

 

 

 

Executor to examine all claims

knowledge of the claimant or other affiant; provided, that when the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant shall be set forth in the affidavit. The oath may be taken before any officer authorized to administer oaths. The amount of interest shall be computed and included in the statement of the claim and the rate of interest determined. The court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.

      Sec. 122.  If the executor or administrator is a creditor of the decedent he shall file his claim with the clerk who must present it for allowance or rejection to the judge. Its allowance by the judge is sufficient evidence of its correctness, and it must be paid as other claims in due course of administration. If the judge rejects the claim, action thereon may be had against the executor or administrator as such by the claimant, and summons must be served upon the judge, who shall appoint an attorney, at the expense of the estate, to defend the action. If the claimant fails to recover he must pay all costs, including defendant’s reasonable attorney’s fees, to be fixed by the court. If a judge of the district court files or presents a claim against any estate of a deceased person, the administration of which is pending before him, such judge must designate, in writing, some other district judge of the district court of the State of Nevada, who, upon the presentation of such claim to him, shall be vested with power to approve or reject it. In case of its rejection by the executor or administrator or by such designated judge, the claimant has the same right to sue for its recovery as other persons whose claims are rejected.

      Sec. 123.  Within fifteen days after the time for filing claims has expired, as hereinbefore provided, the executor or administrator shall examine all claims filed and endorse on each claim his allowance or rejection, with the day and the year thereof, and within five days after the fifteen days in this section first specified the executor or administrator shall present all claims allowed by him to the district judge for his approval or rejection. If an executor or administrator refuse or neglect to endorse on a claim his allowance or rejection within fifteen days, as above specified, the claim may be deemed rejected, but the executor or administrator may, nevertheless, allow said claim at any time before the filing of the final account. All claims, when approved by the judge, shall be ranked among the acknowledged debts of the estate, to be paid in due course of administration. If the claim be founded upon a bond, bill, note or other instrument, the original instrument need not be filed, but a copy, with all endorsements, may be attached to the statement of the claim and filed therewith, and if the claim be secured by mortgage, deed of trust, or other evidence of lien, it shall, or a certified copy from a record, be attached to the claim and filed therewith.


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ê1941 Statutes of Nevada, Page 191 (CHAPTER 107, AB 5)ê

 

the claim be founded upon a bond, bill, note or other instrument, the original instrument need not be filed, but a copy, with all endorsements, may be attached to the statement of the claim and filed therewith, and if the claim be secured by mortgage, deed of trust, or other evidence of lien, it shall, or a certified copy from a record, be attached to the claim and filed therewith.

      Sec. 124.  When a claim is rejected by the executor or administrator or the district judge, in whole or in part, the holder shall be immediately notified by the executor or administrator, and such holder must bring suit in the proper court against the executor or administrator within thirty days after such notice, whether the claim is due or not; otherwise the claim shall be forever barred. If the holder of a claim resides out of the county, he may be informed of the rejection of his claim by written notice forwarded to his post-office address by registered mail.

      In any suit upon a claim rejected in whole or in part by the executor or administrator, if the executor or administrator resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a certified copy of the complaint, may be served upon the county clerk of the county within which the administration of the estate is pending, in the manner prescribed in section 324 of this act, and such service is hereby made the equivalent of personal service upon the executor or administrator, but the defendant shall have thirty days from the date of such service within which to answer. In the event that the defendant defaults after such service, such default shall be sufficient grounds for his removal as executor or administrator by the court, and without notice; whereupon, upon petition and notice, in the manner provided for an application for letters of administration, an administrator, or an administrator with the will annexed, as the case may be, shall be appointed by the court and upon his qualification as such letters of administration, or letters of administration with the will annexed, shall be issued.

      Sec. 125.  No claim which is barred by the statute of limitations shall be allowed or approved by the executor or administrator, or by the judge. When a claim is presented to a judge for his allowance or approval he may, in his discretion, examine the claimant and others on oath, and hear any legal evidence touching the validity of the claim. No claim, which has been allowed, is affected by the statute of limitations pending the administration of the estate.

      Sec. 126.  No holder of any claim against an estate shall maintain any action thereon unless it shall have been first filed, and under the conditions hereinbefore specified.

 

 

 

 

 

Rejected claim, holder may sue

 

 

 

 

 

Procedure when service not made

 

 

 

 

 

 

 

 

 

 

 

 

 

Statute of limitations


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ê1941 Statutes of Nevada, Page 192 (CHAPTER 107, AB 5)ê

 

Claim must be filed; referee may be appointed

 

 

 

 

 

 

 

 

 

 

 

 

 

Claims may be compromised

 

 

 

 

 

 

 

 

 

 

 

Time limitations

 

Pending action; claim to be filed

filed, and under the conditions hereinbefore specified. If the executor or administrator doubts the correctness of any claim filed or presented he may enter into an agreement in writing with the claimant to refer the matter in controversy to some disinterested person, to be approved by the court or a judge thereof, which agreement and approval shall be filed with the clerk, who shall thereupon enter an order referring the matter in controversy to the person so selected; or, if the parties consent, a reference may be made to the court. The referee must hear and determine the matter and make his report thereon to the court. The same proceedings shall be had in all respects and the referee shall have the same powers, be entitled to the same compensation and subject to the same control as in other cases of reference. The court may remove the referee, appoint another in his place, set aside or confirm his report, and adjudge costs, as in actions against executors or administrators, and the judgment of the court thereon shall be as valid and effectual, in all respects, as if the same had been rendered in a suit commenced by ordinary process; but the report of the referee, if confirmed, merely establishes or rejects the claim, the same as if it had been allowed or rejected by the executor or administrator or judge.

      Sec. 127.  After the time for the presentation of claims has expired the executor or administrator, with the approval of the court, may compromise any claim against the estate or any suit brought against the executor or administrator as such by the transfer of specific assets of the estate or otherwise. To obtain such approval the executor or administrator shall file a verified petition with the clerk showing the advantage of the compromise. The clerk shall set the petition for hearing by the court, and notice thereof shall be given for the period and in the manner required by section 283 of this act. If, under this section, the court authorizes the transfer of real property of the estate, conveyances shall be executed by the executor or administrator in the same manner as provided in section 162 of this act, and such conveyances shall have the same force and effect as conveyances executed pursuant to that section. A certified copy of the order authorizing the transfer must be recorded in the office of the recorder of the county in which the real property, or any portion thereof, lies.

      Sec. 128.  The time during which there shall be a vacancy in the administration shall not be included in any limitations herein prescribed.

      Sec. 129.  If an action be pending against the deceased at the time of his or her death, the plaintiff, in like manner, shall file his claim with the clerk, and no recovery shall be held in the action unless proof be made of such filing.

      Sec. 130.  Whenever the executor or administrator or the district judge shall act upon any claim that may be filed, he shall indorse on the claim the amount he is willing to allow, and should the creditor refuse to accept the amount allowed in satisfaction of his claim, he shall recover no costs in any action which he may bring on such claim against the executor or administrator unless he shall recover a greater amount than that offered to be allowed.


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ê1941 Statutes of Nevada, Page 193 (CHAPTER 107, AB 5)ê

 

district judge shall act upon any claim that may be filed, he shall indorse on the claim the amount he is willing to allow, and should the creditor refuse to accept the amount allowed in satisfaction of his claim, he shall recover no costs in any action which he may bring on such claim against the executor or administrator unless he shall recover a greater amount than that offered to be allowed.

      Sec. 131.  The effect of any judgment rendered against any executor or administrator upon any claim for money against the estate of his testator or intestate shall only be to establish the claim in the same manner as if it had been allowed by the executor or administrator and the district judge, and the judgment shall be that the executor or administrator pay, in due course of administration, the amount ascertained to be due. A certified copy of the judgment shall be filed in the estate proceedings. No execution shall issue upon such judgment, nor shall it create any lien upon the property of the estate, nor give the judgment creditor any priority of payment. This section does not apply to a judgment of foreclosure of a lien.

      Sec. 132.  When any judgment has been rendered against the deceased in his or her lifetime no execution shall issue thereon after his or her death; but a certified copy of such judgment shall be attached to the statement of claim filed with the clerk and shall be acted on as any other claim; provided, however, that if an execution has been actually levied upon any property of the deceased in his lifetime the same may be sold for the satisfaction thereof, and the officer making the sale shall account to the executor or administrator for any surplus in his hands.

      Sec. 133.  When a judgment has been recovered with costs against any executor or administrator, the executor or administrator shall be personally liable for the costs, but they shall be allowed him in his administration accounts, unless it shall appear that the suit or proceeding, in which the costs were taxed, shall have been prosecuted or resisted without cause.

      Sec. 134.  If any executor or administrator shall neglect, for fifteen days after his appointment, to give notice of his appointment as hereinbefore prescribed it shall be the duty of the court to revoke his letters.

      Sec. 135.  If the testator make provision by his will, or designates the estate to be appropriated for the payment of his debts, the expenses of administration, or family allowance, they must be paid according to such provision or out of the estate thus appropriated, so far as the same is sufficient. If insufficient, that portion of the estate not disposed of by the will, if any, must be appropriated for that purpose; and if that is not sufficient, the property given to residuary legatees and devisees, and thereafter all other property devised and bequeathed is liable for the same, in proportion to the value or amount of the several devises and legacies, but specific devises and legacies are exempt from such liability if it appears to the court necessary to carry into effect the intention of the testator, and there is other sufficient estate.

Amount of allowance endorsed on claim; costs

 

 

Effect of judgment

 

 

 

 

 

 

 

 

Judgment before death

 

 

 

 

 

 

Liability for costs

 

 

 

 

Executor to give notice of appointment

 

Certain provisions of will to be followed


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ê1941 Statutes of Nevada, Page 194 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

Payment of legacies

 

 

 

Abatement

 

 

Right of persons other than residuary devisees and legatees

 

 

 

 

 

No priority between personal and real property

 

 

 

Sales of property to be confirmed

property devised and bequeathed is liable for the same, in proportion to the value or amount of the several devises and legacies, but specific devises and legacies are exempt from such liability if it appears to the court necessary to carry into effect the intention of the testator, and there is other sufficient estate.

      Sec. 136.  The property of a testator, except as otherwise provided in this act, must be restored to for the payment of legacies in the following order:

      (1) The property which is expressly appropriated by the will therefor;

      (2) Property not disposed of by the will;

      (3) Property which is devised or bequeathed to a residuary legatee.

      Sec. 137.  Unless a different intention is expressed in the will, abatement takes place in any class only as between legacies of that class, and legacies to a spouse or to kindred are chargeable only after legacies to persons not related to the testator.

      Sec. 138.  When property given by will to persons other than the residuary devisees and legatees is sold for the payment of debts or expenses or family allowance, all the devisees and legatees must contribute according to their respective interests, to the devisee or legatee whose devise or legacy has been sold, and the court, when distribution is made, must settle the amount of the several liabilities and decree the amount each person shall contribute, and reserve the same from its distributive share for the purpose of such contribution.

      Sec. 139.  In selling property to pay debts, legacies, family allowance or expenses, there shall be no priority between personal and real property. When a sale of property of the estate is necessary for any such purpose, or when it is for the advantage, benefit, and best interests of the estate and those interested therein that any property of the estate be sold, the executor or administrator may sell the same, either at public auction or private sale, using his discretion as to which property to sell first, except as provided by sections 135 and 136 of this act.

      Sec. 140.  Except as provided by sections 151 and 152 of this act all sales of property must be reported to the court and confirmed by the court before the title to the property passes. The report must be verified. Such report and a petition for confirmation of the sale must be made within thirty days after each sale. The clerk shall set the petition for hearing by the court and give notice thereof for the period and in the manner required by section 283 of this act, or for such a period and in such manner as may be ordered by the court.


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ê1941 Statutes of Nevada, Page 195 (CHAPTER 107, AB 5)ê

 

      Sec. 141.  Any person interested in the estate may file written objections to the confirmation of the sale and may be heard thereon, and may produce witnesses in support of his objections. Before an order is made confirming a sale it must be proved to the satisfaction of the court that notice of the sale was given as prescribed by this act, and the order of confirmation must show that such proof was made.

      Sec. 142.  When property is directed by the will to be sold, or authority is given in the will to sell the property, the executor may sell the same either at public auction or private sale, and with or without notice, as he may determine, but he must make a return of sales and obtain confirmation thereof as in other cases. In either case no title passes unless the sale is confirmed by the court; but the necessity of the sale, or its advantage or benefit to the estate or to those interested therein need not be shown. If directions are given in the will as to the mode of selling, or the particular property to be sold, such directions must be observed.

      Sec. 143.  If the executor or administrator neglects or refuses to sell any property of the estate when it is necessary or when it is for the advantage, benefit and best interests of the estate and those interested therein, or when the executor is directed by the will to sell the same, any person interested may petition the court for an order requiring the executor or administrator to sell. The clerk shall set the petition for hearing by the court, and notice thereof must be given to the executor or administrator by citation served at least five days before the hearing

      Sec. 144.  If there is any neglect or misconduct in the proceedings of the executor or administrator in relation to any sale by which any person interested in the estate suffers damage, the party aggrieved may recover the same in an action upon the bond of the executor or administrator or otherwise.

      Sec. 145.  The executor or administrator may enter into a written contract with any bona fide agent to secure a purchaser for any real or personal property of the estate, which contract shall provide for the payment to such agent, out of the proceeds of a sale to any purchaser secured by him of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale, and when said sale is confirmed to such purchaser such contract shall be binding and valid as against the estate for the amount so allowed by the court. By the execution of any such contract no personal liability shall attach to the executor or administrator, and no liability of any kind shall be incurred by the estate unless an actual sale is made and confirmed by the court.

 

Objections to confirmation

 

 

When property directed to be sold

 

 

 

 

 

 

Procedure when executor neglects or refuses to sell property

 

 

 

 

Aggrieved party may recover

 

 

May contract with agent to dispose of property


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ê1941 Statutes of Nevada, Page 196 (CHAPTER 107, AB 5)ê

 

 

 

Court to allow commission

 

 

 

When property subject to lien

 

 

 

 

 

 

Purchase money to be paid to clerk

 

 

 

 

 

 

 

Holder of lien may purchase

 

Equity may be sold

by the court. The commission in no case shall exceed five percent (5%).

      Sec. 146.  In case of sale on an increased bid made at the time of confirmation to a purchaser not procured by the agent holding the contract, the court shall allow a commission on the full amount for which the sale is confirmed, one-half of said commission on the original bid to be paid to the agent whose bid was returned to the court for confirmation and the balance of the commission on the purchase price to the agent, if any, who procured the purchaser to whom the sale is confirmed.

      Sec. 147.  When real or personal property is sold, which is subject to a mortgage, deed of trust, or other lien which is a valid claim against the estate, the purchase money must be applied after paying the necessary expenses of the sale; first, to the payment and satisfaction of the mortgage, deed of trust, or other lien, and the residue, if any, in due course of administration. The application of the purchase money to the satisfaction of the mortgage, deed of trust, or other lien must be made without delay, and the property is subject to such mortgage, deed of trust, or other lien until the purchase money has been actually so applied.

      Sec. 148.  The purchase money, or so much thereof as may be sufficient to pay such mortgage, deed of trust, or other lien, with interest, and any lawful costs and charges thereon, may be paid to the clerk of the court, whereupon the mortgage, deed of trust, or other lien upon the property shall cease, and the purchase money must be paid over by the clerk of the court without delay, in payment of the expenses of sale, and in satisfaction of the obligation to secure which the mortgage, deed of trust, or other lien, was taken, and the surplus, if any, at once returned to the executor or administrator, unless, for good cause shown, after notice to the executor or administrator, the court otherwise directs.

      Sec. 149.  At any sale of real or personal property upon which there is a mortgage, deed of trust, or lien, the holder thereof may become the purchaser, and his receipt for the amount due him from the proceeds of the sale is a payment pro tanto.

      Sec. 150.  It shall be lawful for an executor or administrator to sell the equity of the estate in any property which is subject to any encumbrance, and to sell the same subject to the encumbrance and to the debt thereby secured, upon such proceedings as are herein prescribed for the sale of like property. In the event that a claim has been filed upon said debt no such sale shall be confirmed unless the holder of such claim shall, by a signed and acknowledged instrument, filed in the matter of the estate, release said estate from all liability upon said claim.


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ê1941 Statutes of Nevada, Page 197 (CHAPTER 107, AB 5)ê

 

in the matter of the estate, release said estate from all liability upon said claim.

      Sec. 151.  Perishable property and other personal property which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to provide the family allowance pending the receipt of other sufficient funds, may be sold without notice, and title shall pass without confirmation, but the executor, administrator or special administrator is responsible for the actual value of the property, unless, after making a sworn return, and on a proper showing, the court shall approve the sale.

      Sec. 152.  Stocks and bonds may be sold and title thereto passed without the necessity of confirmation, upon obtaining an order of the court. A petition for such an order shall be filed with the clerk who shall set the same for hearing by the court and shall give notice thereof for the period and in the manner required by section 283 of this act, but the court or judge may order the notice to be given for a shorter period, or dispensed with. The order shall fix the terms and conditions of sale and may dispense with notice of sale when the minimum selling price is fixed, or when the securities are to be sold upon an established stock or bond exchange.

      Sec. 153.  Except as provided by sections 151 and 152 of this act, personal property may be sold only after public notice given for at least ten days by notices posted in three public places in the county in which the proceedings are pending, or by publication in a newspaper in such county, or both, as the executor or administrator may determine, containing the time and place of sale, and a brief description of the property to be sold. Public sales must be made at the courthouse door, or at some other public place, or at the residence of the decedent; but no sale shall be made of any personal property which is not present at the time of sale, unless the court shall otherwise order.

      Sec. 154.  Personal property may be sold for cash, or upon a credit. If a sale is made upon a credit, not less than twenty-five percent of the purchase price shall be paid in cash at the time of sale. The executor or administrator shall take the note of the purchaser for the balance of the purchase money, with a pledge or chattel mortgage of the personal property sold, to secure the payment of said balance, or shall enter into a conditional sale contract under which title is retained until such balance is paid, the terms of said note and pledge or chattel mortgage or contract to be approved by the court at the time of confirmation of sale.

      Sec. 155.  Partnership interests or interests belonging to an estate by virtue of any partnership formerly existing, an interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property.

 

Sale of perishable property; personal property

 

 

 

 

Sale of stocks and bonds

 

 

 

 

 

 

 

Public notice must be given

 

 

 

 

 

 

Sale of personal property


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

ê1941 Statutes of Nevada, Page 198 (CHAPTER 107, AB 5)ê

 

Disposition of partnership interests

 

 

 

 

Notice of sale of real property must be published

 

 

 

 

 

 

 

 

 

 

Sales at public auction

 

 

 

 

Private sales

an estate by virtue of any partnership formerly existing, an interest in personal property pledged, and choses in action, may be sold in the same manner as other personal property. Before confirming the sale of a partnership interest, whether made to the surviving partner or to any other person, the court must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the county and able to be present in court.

      Sec. 156.  Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the land or some portion thereof lies, if there is one so published; if none, then in such paper as the court or judge may direct, for such period of time as the court or judge may direct not exceeding two weeks before the day of sale, or, in the case of a private sale, before the day on or after which the sale is to be made. When, however, it appears from the inventory and appraisement that the value of the property to be sold does not exceed five hundred dollars, the executor or administrator may, in his discretion, dispense with the publication, and in lieu thereof post a notice of the time and place of sale in three of the most public places in the county, in which the land or some portion thereof lies, for two weeks before the day of the sale, or, in the case of a private sale, before the day on or after which the sale is to be made. The property proposed to be sold must be described with common certainty in the notice.

      Sec. 157.  Sales at public auction must be made in the county in which the land lies, and if it lies in two or more counties, it may be sold in either. The sale must be made between the hours of nine o’clock in the morning and the setting of the sun on the same day, and must be made on the day named in the notice of sale, unless the same is postponed.

      Sec. 158.  In the case of a private sale, the notice must state a place where bids or offers will be received, and a day on or after which the sale will be made, which day must be at least fifteen days from the first publication or posting of the notice, and the sale must not be made before that day, but must be made within one year thereafter; but if it is shown that it will be for the best interests of the estate, the court or judge may, by an order, decrease the number of publications and shorten the time of notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen but not less than eight days from the first publication or posting of the notice, in which case the notice of sale and the sale may be made to correspond with such order. The bids or offers must be in writing, and may be left at the place designated in the notice or delivered to the executor or administrator personally, or may be filed in the office of the clerk of the court where the proceedings are pending, at any time after the first publication or posting of the notice and before the making of the sale.


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

ê1941 Statutes of Nevada, Page 199 (CHAPTER 107, AB 5)ê

 

or administrator personally, or may be filed in the office of the clerk of the court where the proceedings are pending, at any time after the first publication or posting of the notice and before the making of the sale.

      Sec. 159.  If, at the time appointed for the sale, the executor or administrator deems it for the interest of all persons concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all three months. In case of a postponement, notice thereof must be given by a public declaration at the time and place first appointed for the sale.

      Sec. 160.  No sale of real property at private sale shall be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold, nor unless such real property has been appraised within one year of the time of such sale. If it has not been appraised, a new appraisement must be had, as in the case of an original appraisement of an estate. This may be done at any time before the sale or confirmation thereof.

      Sec. 161.  Upon the hearing the court must examine into the necessity for the sale, or the advantage, benefit, and interest of the estate in having the sale made, and must examine the return and witnesses in relation to the sale; and if it appears to the court that good reason existed for the sale, that the sale was legally made and fairly conducted, and complied with the requirements of the previous section, that the sum bid is not disproportionate to the value, and it does not appear that a sum exceeding such bid at least ten percent may be obtained, the court shall make an order confirming the sale and directing conveyances to be executed; otherwise it shall vacate the sale and direct another to be had, of which notice must be given and the sale in all respects conducted as if no previous sale had taken place. But if a written offer of ten percent more in amount than that named in the return is made to the court by a responsible person, and the bid complies with all provisions of the law, it is in the discretion of the court to accept such offer and confirm the sale to such person, or to order a new sale, or to conduct a public auction in open court.

      Sec. 162.  Conveyances must thereupon be executed to the purchaser by the executor or administrator, and they must refer to the order confirming sale and directing conveyances to be executed, a certified copy of which order must be recorded in the office of the recorder of the county in which the land or any portion thereof lies. Conveyances so made convey all the right, title, interest and estate of the decedent in the premises at the time of his death; and if, prior to the sale, by operation of law or otherwise, the estate has acquired any right, title or interest in the premises, other than or in addition to that of the decedent at the time of his death, such right, title, or interest also passes by such conveyances.

 

 

 

 

Postponement of sale

 

 

 

Court to confirm private sale

 

 

 

 

 

When sale confirmed

 

 

 

 

 

 

 

 

 

 

 

 

Conveyances


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

ê1941 Statutes of Nevada, Page 200 (CHAPTER 107, AB 5)ê

 

 

 

 

When sale made upon a credit

 

Order of confirmation may be vacated

 

 

 

Fraudulent sale

 

 

 

Action for recovery

 

 

 

Contract of decedent subject to sale

 

 

 

 

Sale, how made

acquired any right, title or interest in the premises, other than or in addition to that of the decedent at the time of his death, such right, title, or interest also passes by such conveyances.

      Sec. 163.  If a sale is made upon a credit, the executor or administrator must take the note or notes of the purchaser for the unpaid portion of the purchase money, with a mortgage or deed of trust on the property to secure their payment.

      Sec. 164.  If, after the confirmation, the purchaser neglects or refuses to comply with the terms of the sale, the court, on motion of the executor or administrator, and after notice to the purchaser, may vacate the order of confirmation and order a resale of the property. If the amount realized on such resale does not cover the bid and the expenses of the previous sale, such purchaser is liable to the estate for the deficiency.

      Sec. 165.  An executor or administrator who fraudulently sells any real property of a decedent contrary to or otherwise than under the provisions of this act is liable in double the value of the land sold, as liquidated damages, to be recovered in an action by the person having an estate of inheritance therein.

      Sec. 166.  No action for the recovery of any property sold by an executor or administrator in accordance with the provisions of this act can be maintained by any heir or other person claiming under the deceased unless it be commenced prior to final distribution.

      Sec. 167.  If a decedent, at the time of his death, was possessed of a contract for the purchase of real property, his interest in such property and under such contract may be sold by his executor or administrator, in the same manner as if he had died seised of such property, and the same proceedings may be had for that purpose as are prescribed in this act for the sale of property of which he died seised, except as hereinafter provided.

      Sec. 168.  The sale must be made subject to all payments which are due at the time of sale or which may thereafter become due on such contract, and, if there are any such, the sale must not be confirmed by the court until the purchaser executes a bond to the executor or administrator for the benefit and indemnity of himself and of the persons entitled to the interest of the decedent in the lands so contracted for, in double the whole amount of payments then due and thereafter to become due on such contract, with such sureties as the court or judge shall approve. The bond must be conditioned that the purchaser will make all payments for such property which are then due or which become due after the date of the sale, and will fully indemnify the executor or administrator and the persons so entitled against all demands, costs, charges and expenses by reason of any covenant or agreement contained in such contract.


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

ê1941 Statutes of Nevada, Page 201 (CHAPTER 107, AB 5)ê

 

administrator and the persons so entitled against all demands, costs, charges and expenses by reason of any covenant or agreement contained in such contract. Such bond need not be given when no claim has been made against the estate upon the contract and time for filing or presenting claims has expired, nor when the holder of said claim shall, by a signed and acknowledged instrument filed in the matter of the estate, release said estate from all liability upon said claim.

      Sec. 169.  Upon the confirmation of the sale the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title and interest of the estate, or of the persons entitled to the interest of the decedent, in the property sold at the time of the sale, and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living.

      Sec. 170.  To enter into an agreement to sell or to give an option to purchase a mining claim or claims, or real property worked as a mine, belonging to the estate of a decedent, the executor or administrator, or any person interested in the estate, shall file a verified petition describing the property in question, stating the terms and general conditions of the proposed agreement or option, showing the advantage or advantages that may accrue to the estate from entering into it, and praying for an order authorizing or directing its execution. The clerk shall set the petition for hearing by the court and give notice thereof for the period and in the manner required by sections 283 and 284 of this act.

      Sec. 171.  At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented; and if, after a full hearing, the court is satisfied that it will be to the advantage of the estate to enter into the proposed agreement, it shall make an order authorizing and directing the executor or administrator to enter into such agreement of sale or to give such option to purchase. The order may prescribe the terms and conditions of the agreement or option. A certified copy of the order shall be recorded in the office of the county recorder of every county in which the land affected by the agreement or option, or any portion thereof, lies.

      Sec. 172.  At the time of making the order, the court shall fix the amount of such additional bond as it determines should be given by the executor or administrator, who shall not be entitled to receive any of the proceeds from said agreement or option until such bond is given and approved. When the order is made, the executor or administrator shall execute, acknowledge, and deliver an agreement or option to purchase containing the conditions specified in the order and setting forth therein that it is made by authority of the order, and giving the date of the order.

 

 

 

 

 

 

 

Contract to be assigned

 

 

 

 

Sale of mining claim or claims

 

 

 

 

 

 

 

Court to hear petition

 

 

 

 

 

 

 

 

 

Additional bond may be demanded


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

ê1941 Statutes of Nevada, Page 202 (CHAPTER 107, AB 5)ê

 

 

 

 

Agreement canceled, when

 

 

Confirmation proceedings

 

 

 

 

 

Estate may borrow money

purchase containing the conditions specified in the order and setting forth therein that it is made by authority of the order, and giving the date of the order.

      Sec. 173.  If the purchaser or option holder neglects or refuses to comply with the terms of the agreement or option, the court, on motion of the executor or administrator, and after notice to the purchaser or option holder, shall make an order canceling the agreement or option; but such cancelation shall not affect any liability theretofore created.

      Sec. 174.  When the terms of such agreement to sell or option to purchase have been complied with by the purchaser or option holder, and all payments have been made according to the terms thereof, the executor or administrator must make a return of his proceedings to the court and petition for a confirmation thereof, and thereupon notice shall be given, a hearing had, an order made by the court confirming or refusing to confirm the proceedings and conveyances executed, in the same manner and with like effect as in the case of the sale of any real property.

      Sec. 175.  Whenever it shall appear to be to the advantage of the estate to borrow money upon a note or notes, either unsecured or to be secured by a chattel mortgage or other lien upon the personal property of the decedent, or any part thereof, or to be secured by a mortgage or deed of trust upon the real property of the decedent, or any part thereof, or to mortgage or give a deed of trust upon, or to pledge or give other lien upon, such property or any part thereof, in order to pay the debts of the decedent, or legacies, or expenses or charges of administration, or to pay, reduce, extend or renew some lien or mortgage or deed of trust already subsisting upon property of the estate, and as often as occasion therefor shall arise in the administration of the estate, the court may authorize, empower and direct the executor or administrator to borrow the money and to execute such note or notes, and, in a proper case, to execute such mortgage, or deed of trust, or to give other security by way of pledge or other lien, or may authorize, in a proper case, the execution of an extension agreement. When property of the estate consists of an undivided fractional interest in real or personal property, and it shall appear to be to the advantage of the estate to borrow money in order to improve, utilize, operate or preserve such property jointly with the other coowner or coowners, or in order to pay, reduce, extend or renew some pledge, lien, mortgage or deed of trust already subsisting upon all such property, including the other undivided interest or interests therein, the court may authorize, empower and direct the executor or administrator to borrow the money required for such purposes and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such joint and several note or notes as may be necessary, and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such pledge, lien, mortgage or deed of trust as may be required to secure the payment of such note or notes.


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

ê1941 Statutes of Nevada, Page 203 (CHAPTER 107, AB 5)ê

 

interest or interests in the property, or their duly authorized representatives or agents, in the execution of such joint and several note or notes as may be necessary, and to join with the owner or owners of the other undivided interest or interests in the property, or their duly authorized representatives or agents, in the execution of such pledge, lien, mortgage or deed of trust as may be required to secure the payment of such note or notes. To obtain such orders, the proceedings to be taken and the effect thereof shall be as provided in the following four sections of this act.

      Sec. 176.  The executor or administrator, or any person interested in the estate, shall file a verified petition showing the particular purpose or purposes for which the order is sought, the necessity for or advantage to accrue from the order, the amount of money proposed to be raised, if any, the rate of interest to be paid, the length of time the note or notes are to run, and a general description of the property proposed to be mortgaged or subjected to such deed of trust or other lien. The clerk shall set the petition for hearing by the court and give notice thereof for the period and in the manner required by sections 283 and 284 of this act, or in the alternative give such notice as the court by order may require.

      Sec. 177.  At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented; and if, after a full hearing, the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to borrow the money and to execute such note or notes, and, in a proper case, to execute such mortgage or deed of trust, or to give other security by way of pledge or other lien. The court may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and the period of the loan, and may direct in what coin or currency it shall be paid, and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that the personal property to be mortgaged or subject to the lien, or any buildings on the premises to be mortgaged or subjected to the deed of trust, shall be insured for the further security of the lender, and the premiums paid from the assets of the estate. A certified copy of the order shall be recorded in the office of the county recorder of every county in which the land affected by the order, or any portion thereof, lies.

      Sec. 178.  The executor or administrator shall execute, acknowledge and deliver the mortgage, or deed of trust, or other security, as directed, setting forth therein that it is made by authority of the order, giving the date of the order.

 

 

 

 

 

 

 

 

Petition to be filed

 

 

 

 

 

 

 

Court to hear petition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Security furnished


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

ê1941 Statutes of Nevada, Page 204 (CHAPTER 107, AB 5)ê

 

 

 

 

 

Validity of loan guaranteed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property may be leased

 

 

Procedure

made by authority of the order, giving the date of the order. The note or notes and mortgage, or deed of trust, or other security, shall be signed by the executor or administrator as such, and shall create no personal liability against the person so signing.

      Sec. 179.  Every mortgage, pledge or deed of trust so made shall be effectual to mortgage, pledge or subject to the deed of trust all right, title, interest and estate which the decedent had in the property described therein at the time of his death or prior thereto and any right, title or interest in said property acquired by the estate of such decedent, by operation of law or otherwise, since the time of his death. Jurisdiction of the court to administer the estate of such decedent shall be effectual to vest the court with jurisdiction to make the order for the note or notes, and mortgage, pledge or deed of trust, and such jurisdiction shall conclusively inure to the benefit of the mortgagee named in the mortgage, pledgee or the trustee and beneficiary in the deed of trust, his or their heirs, successors and assigns. No omission, error or irregularity in the proceedings shall impair or invalidate the same or the note or notes, mortgage, pledge or deed of trust given in pursuance thereof, and the mortgagee, pledgee or the trustee and beneficiary, their heirs, successors and assigns, shall have and possess the same rights and remedies on the note or notes and mortgage, pledge or deed of trust as if it had been made by the decedent prior to his death, except that upon any foreclosure or sale under the mortgage, pledge or deed of trust, if the proceeds of the sale of the encumbered property are insufficient to pay the note or notes, the mortgage, pledge or deed of trust, and the costs or expenses of sale, no judgment shall be had or allowed, except in cases where the note or notes, mortgage, pledge or deed of trust were given to pay, reduce, extend or renew a lien or mortgage, pledge, or deed of trust subsisting at the time of the death of the decedent and the indebtedness secured thereby was an allowed and approved claim against the estate, in which case the part of the indebtedness remaining unsatisfied must be classed and paid with other allowed claims against the estate.

      Sec. 180.  Whenever it shall appear to be to the advantage of the estate to lease any real property of the decedent, and as often as occasion therefor shall arise in the administration of the estate, the court may authorize and direct the executor or administrator to execute such lease.

      Sec. 181.  To obtain such an order the executor or administrator or any person interested in the estate shall file a verified petition, showing the advantage to accrue from giving the lease, a general description of the property proposed to be leased, and the term, rental, and general conditions of the proposed lease.


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

ê1941 Statutes of Nevada, Page 205 (CHAPTER 107, AB 5)ê

 

the proposed lease. The clerk shall set the petition for hearing by the court and give notice thereof for the period and in the manner required by sections 283 and 284 of this act, or in the alternative such notice as the court by order shall require.

      Sec. 182.  At the time appointed, the court shall hear the petition and any objection thereto that may have been presented; and if the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to make such lease. The order shall prescribe the minimum rental or royalty and the period of the lease and may prescribe other terms and conditions. The period of the lease must not be longer than ten years, except that for the purpose of production of minerals, oil, gas or other hydrocarbon substances, the lease may be for a period not to exceed twenty years. A certified copy of the order shall be recorded in the office of the recorder of every county in which the leased land, or any portion thereof, lies.

      Sec. 183.  The executor or administrator shall execute, acknowledge, and deliver the lease as directed, setting forth therein that it is made by authority of the order, giving the date of the order. Every lease so made shall be effectual to demise and let the premises described, at the rent, for the term and upon the conditions therein prescribed. Jurisdiction of the court to administer the estate of the decedent shall be effectual to vest the court with jurisdiction to make the order for the lease, and such jurisdiction shall conclusively inure to the benefit of the lessee, his heirs, successors and assigns. No omissions, error or irregularity in the proceedings shall impair or invalidate the same or the lease made in pursuance thereof.

      Sec. 184.  The executor or administrator may lease real property without an order of court when the tenancy is from month to month, or for a term not to exceed one year, and the rental does not exceed one hundred dollars a month.

      Sec. 185.  If a person, who is bound by contract in writing to convey any real property or to transfer any personal property, dies before making conveyance or transfer, and the decedent, if living, might have been compelled to make such conveyance or transfer, the court, in which proceedings are pending for the administration of the estate of the decedent, may make a decree authorizing and directing the executor or administrator to convey or transfer the property to the persons entitled thereto.

      Sec. 186.  The executor or administrator, or any person claiming to be entitled to such conveyance or transfer, may file with the clerk of the court a verified petition setting forth the facts upon which the claim is predicated.

 

 

 

Authority of court required

 

 

 

 

 

 

 

 

 

Lease to issue

 

 

 

 

 

 

 

Lease without order of court

 

 

Conveyance of property

 

 

 

 

 

Idem; petition to be filed


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

ê1941 Statutes of Nevada, Page 206 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

 

 

 

 

 

 

Court to order conveyance

 

 

 

 

 

 

Order prima facie evidence

 

 

 

 

 

 

 

 

Exchange of property

forth the facts upon which the claim is predicated. Thereupon the clerk shall set the petition for hearing by the court, and notice thereof shall be served on the executor or administrator personally, when he is not the petitioner, and shall be published for at least ten days before the hearing in a newspaper published in the county where the proceedings are pending, or, if there is no such newspaper, then in lieu of publication, three written or printed notices of the hearing shall be posted at three of the most public places in the county at least ten days before the hearing; but if such contract was recorded before the death of the person executing it, notice of the hearing may be given by serving such notice on the executor or administrator personally, when he is not the petitioner, and posting a copy of the notice at the courthouse of the county in which the proceedings are pending, for at least ten days prior to the hearing.

      Sec. 187.  At the time appointed, the court, upon proof that due notice of the hearing has been given, shall proceed to hear the petition and any objection thereto that may have been filed or presented; and if the court is satisfied that the conveyance or transfer should be made it shall make an order authorizing and directing the executor or administrator to execute the same to the party entitled thereto. If the transaction relates to real property, a certified copy of the order must be recorded with the deed in the office of the county recorder of the county in which the land, or any portion thereof, lies.

      Sec. 188.  The order shall be prima facie evidence of the correctness of the proceedings and of the authority of the executor or administrator to make the conveyance or transfer; and after its entry, the person entitled to the conveyance or transfer has a right to the possession of the property contracted for, and to hold the same according to the terms of the intended conveyance or transfer, in like manner as if the same had been conveyed or transferred in pursuance of the order. Nevertheless, the executor or administrator must execute the conveyance or transfer according to the directions of the order, and the court may enforce its execution by process. The conveyance or transfer shall pass title to the property contracted for, as fully as if the contracting party had executed it while living.

      Sec. 189.  Whenever it shall appear to the advantage of the estate to exchange any property of the decedent for other property, the court may authorize such exchange, upon the petition of the executor or administrator or of any person interested in the estate, and after notice of the hearing given for the period and in the manner required by section 283 of this act.


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

ê1941 Statutes of Nevada, Page 207 (CHAPTER 107, AB 5)ê

 

      Sec. 190.  No executor or administrator shall directly or indirectly purchase any property of the estate he represents.

      Sec. 191.  The executor or administrator shall take into his possession all the estate of the deceased, real and personal, except that exempted as hereinbefore provided and shall collect all debts due the deceased or to the estate. For the purpose of bringing suits to quiet title or for partition of such estate, the possession of the executor or administrator shall be deemed the possession of the heirs or devisees. Such possession of heirs or devisees shall be subject, however, to the possession of the executor or administrator for all other purposes.

      Sec. 192.  Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim thereon, and all actions founded upon contracts, may be maintained by and against the executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates; and all judgments quieting title to real property, entered prior to February 7, 1921, in actions instituted and maintained by executors or administrators, shall have the same force and effect after the lapse of ten years from the entry thereof, unless sooner set aside, as judgments entered in like actions instituted and maintained by the heirs of devisees of their respective testators or intestates.

      Sec. 193.  Executors or administrators may maintain actions against any person or persons who shall have wasted, destroyed, taken, carried away or converted to his or their own use, the goods of the testator or intestate in his lifetime. They may also maintain actions for trespass committed on the real estate of the deceased while living.

      Sec. 194.  Any person or his personal representatives shall have a right of action against the executor or administrator of any testator or intestate who, in his lifetime, shall have wasted, destroyed, taken, carried away or converted to his own use the goods or chattels of any such person, or committed any trespass on the real estate of such person.

      Sec. 195.  When there was a partnership existing between the testator or intestate at the time of his death, and any other person, the surviving partner shall have the right to continue in possession of the effects of the partnership, and to settle its business, but the interest of the deceased shall be included in the inventory and appraised as other property. The surviving partner shall proceed to settle the affairs of the partnership without delay, and shall account to the executor or administrator, and pay over such balance as may be, from time to time, payable to him as the representative of his testator or intestate.

Certain purchases barred

Executor to have possession of estate

 

 

 

 

 

Actions for recovery or possession

 

 

 

 

 

 

 

 

Idem; property wasted, etc.

 

 

Same

 

 

 

 

Partner to retain interest


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

ê1941 Statutes of Nevada, Page 208 (CHAPTER 107, AB 5)ê

 

Partner to retain interest

 

 

 

 

 

 

 

 

 

 

 

 

Actions on former bond

 

Parties may not be joined

When debtor insolvent; discharge

 

 

 

 

 

 

 

 

 

 

 

Property conveyed may be recovered

as may be, from time to time, payable to him as the representative of his testator or intestate. Upon the application of the executor or administrator the court or judge may, whenever it may appear necessary, order the surviving partner to render an account, and in case of neglect or refusal may, after notice, compel it by attachment; and the executor or administrator may maintain against him any action which the deceased could have maintained. Upon any sale of a partnership interest the surviving partner may be a bidder.

      After notice to all persons interested in an estate, given in such manner as may be directed by the court or judge thereof, the court may authorize the executor or administrator to continue the operation of the decedent’s business to such an extent and subject to such restrictions as may seem to the court to be for the best interest of the estate and those interested therein.

      Sec. 196.  Any executor or administrator may, in his own name, for the use and benefit of all parties interested in the estate maintain actions on the bond of any former executor or administrator of the same estate.

      Sec. 197.  In actions brought by or against executors it shall not be necessary to join those as parties who have not qualified.

      Sec. 198.  If a debtor of the decedent is unable to pay all his debts the executor or administrator, with the approval of the court, may give him a discharge upon such terms as may appear to the court to be for the best interest of the estate. A compromise may also be authorized by the court when it appears to be just and for the best interest of the estate. The court may also authorize the executor or administrator, on such terms and conditions as may be approved by it, to extend or renew, or in any manner modify the terms of, any obligation owing to or running in favor of the decedent or his estate. To obtain such approval or authorization the executor or administrator shall file a verified petition with the clerk showing the advantage of the settlement, compromise, extension, renewal or modification. The clerk shall set the petition for hearing by the court, and notice thereof shall be given for the period and in the manner required by section 283 of this act.

      Sec. 199.  When there shall be a deficiency of assets in the hands of an executor or administrator, and when the deceased, in his lifetime, shall have conveyed any real estate or any rights or interests therein, with intent to defraud his creditors or to avoid any obligation, debt or duty owed another, or shall have so conveyed such estate that by law the deeds of conveyances are void as against creditors, or make a gift of property in view of death, the executor or administrator may, and it shall be his duty, to commence and prosecute to final judgment any proper action for the recovery of the same for the benefit of the creditors, and may also, for such benefit, sue for and recover all goods, chattels, rights or credits, or their value, which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance.

 


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

ê1941 Statutes of Nevada, Page 209 (CHAPTER 107, AB 5)ê

 

administrator may, and it shall be his duty, to commence and prosecute to final judgment any proper action for the recovery of the same for the benefit of the creditors, and may also, for such benefit, sue for and recover all goods, chattels, rights or credits, or their value, which may have been so fraudulently conveyed by the deceased in his lifetime, whatever may have been the manner of such fraudulent conveyance.

      Sec. 200.  No executor or administrator shall be bound to sue for such estate, as mentioned in the preceding section, for the benefit of the creditors, unless upon application of creditor or creditors of the deceased, nor unless such creditor or creditors shall pay the costs and expense of such litigation or give such security therefor as the court or judge shall direct.

      Sec. 201.  All real estate so recovered shall be sold for the payment of debts in the same manner as hereinbefore prescribed for sales of real estate by executors or administrators, and the proceeds of all goods, chattels, rights or credits so received shall be applied in payment of debts in the same manner as other personal property in the hands of the executor or administrator.

      Sec. 202.  No executor or administrator shall be chargeable upon any special promise to answer damages or to pay the debts of the deceased out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing and signed by such executor or administrator, or by some other person by him thereunto specially authorized.

      Sec. 203.  Every executor and administrator shall be chargeable in his own account with the whole of the estate of the deceased which should come to his possession at the value of the appraisement contained in the inventory, except as hereinafter provided, and with all the interest, profit and income of the estate.

      Sec. 204.  He shall not make profit by the increase nor suffer loss by the decrease or destruction of any part of the estate without his fault. He shall account for the excess when he shall sell any part of the estate for more than the appraisement, and, if any be sold for less than the appraisement, he shall not be responsible for the loss, if the sale has been made according to law.

      Sec. 205.  No executor or administrator shall be accountable for any debts due the deceased that remain uncollected without his fault.

      Sec. 206.  He shall be allowed all necessary expenses in the care and management, as well as settlement, of the estate, and for his services such fees as provided by law; but when the deceased shall, by his will, make some other provision for the compensation of his executor, this shall be deemed a full compensation for such services, unless the executor files a renunciation, in writing, of all claim for the compensation provided by the will.

 

 

 

 

 

 

Procedure if suit demanded

 

 

 

Disposition of proceeds of suit

 

 

 

Executor not liable; exception

 

 

 

Executor chargeable for estate

 

 

Shall not make profit nor suffer loss

 

 

 

Not responsible for debts

Allowed expenses


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

ê1941 Statutes of Nevada, Page 210 (CHAPTER 107, AB 5)ê

 

 

 

 

Compensation of executor

 

 

 

 

 

 

 

 

Further allowances

 

 

 

 

 

 

No additional allowance

 

 

Allowance upon commissions

 

 

 

 

 

Attorney may be granted allowance

provision for the compensation of his executor, this shall be deemed a full compensation for such services, unless the executor files a renunciation, in writing, of all claim for the compensation provided by the will.

      Sec. 207.  When no compensation shall have been provided by the will, or the executor shall renounce all claims thereto, he shall be allowed commissions upon the whole amount of the personal estate accounted for by him, as follows:  For the first thousand dollars, at the rate of six percent; and for the next four thousand dollars, at the rate of four percent; for all above five thousand dollars, at the rate of two percent, and the same commissions shall be allowed to administrators. If there are two or more executors or administrators, the compensation shall be apportioned among them by the court according to the services actually rendered by each. In all cases additional allowance may be made by the court for services in regard to the real estate when it shall be made to appear that the same is just and reasonable.

      Sec. 208.  Such further allowances may be made as the court may deem just and reasonable for any extraordinary services, such as sales or mortgages of real or personal property, contested or litigated claims against the estate, the adjustment and payments of extensive or complicated estate taxes, litigation in regard to the property of the estate, the carrying on of the decedent’s business pursuant to an order of the court, and such other litigation or special services as may be necessary for the executor or administrator to prosecute, defend, or perform.

      Sec. 209.  All contracts between an executor or administrator and an heir, devisee, or legatee for a higher compensation than that allowed by the foregoing two sections shall be void.

      Sec. 210.  Any executor or administrator, at any time after the issuance of letters testamentary or of administration, and upon such notice to the persons interested in the estate as the court or a judge thereof shall require, may apply to the court for an allowance upon his commissions; and, on the hearing, the court shall make an order allowing him such portion of his commission, for services rendered up to that time, as the court shall deem proper, and the portion so allowed may be thereupon charged against the estate.

      Sec. 211.  Any attorney who has rendered services to an executor or administrator at any time after the issuance of letters testamentary or of administration, and upon such notice to the executor or administrator and to the persons interested in the estate as the court or a judge thereof shall require, may apply to the court for an allowance upon his fees; and on the hearing, the court shall make an order requiring the executor or administrator to pay such attorney out of the estate such compensation, on account of the services rendered up to that time, as the court shall deem proper, and such payment shall be made forthwith.


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

ê1941 Statutes of Nevada, Page 211 (CHAPTER 107, AB 5)ê

 

fees; and on the hearing, the court shall make an order requiring the executor or administrator to pay such attorney out of the estate such compensation, on account of the services rendered up to that time, as the court shall deem proper, and such payment shall be made forthwith.

      Sec. 212.  Within thirty days after the judge has acted upon the claims filed against the estate the executor or administrator shall file his first account, under oath, of his administration. Such account shall be itemized, showing the amount of money received and expended by him; the amount of all claims filed against the estate; the names of all claimants; the claims, if any, rejected, and all other matters necessary to show the condition of the affairs of the estate.

      Sec. 213.  Whenever required by the court or a judge thereof, either upon its or his own motion, or upon the application of any person interested in the estate, the executor or administrator must render and file with the clerk a verified account, showing the amount of money received and expended by him, the claims filed or presented against the estate, giving the name of each claimant, the nature of his claim, when it became due or will become due, whether it was allowed or rejected by him, or not yet acted upon, and all other matters necessary to show the condition of the estate. If he neglects or refuses to appear and render such account after having been duly cited, an attachment may be issued against him and such accounting compelled, or his letters may be revoked, or both, in the discretion of the court or judge.

      Sec. 214.  If the executor or administrator fail to render and file his first account within the time specified in section 212, above, it shall be the duty of the court or judge to order a citation to issue, requiring him to file such account by a time to be stated in said citation, as fixed by the court or judge, or appear and show cause why he should not be compelled to file said account. If he fail to file said account by the time stated, or show cause why he should not, the court, by attachment or other proper process, may compel him to file such an account or may revoke his letters, in the discretion of the court, or both, and like action may be had in reference to any subsequent account he may be ordered to file.

      Sec. 215.  When an account is rendered for settlement the clerk shall set the same for settlement by the court, and give notice thereof for the period and in the manner required by section 283 of this act. If the account is for a final settlement, and a petition for the final distribution of the estate is filed with the account, the notice of settlement must so state, and on the settlement of the account, distribution of the estate to those entitled thereto may be had immediately, but notice of the hearing of the petition for distribution must also be given as provided in section 243 of this act.

 

 

 

 

 

First account of executor

 

 

 

Verified account may be ordered

 

 

 

 

 

 

 

 

Penalty for failure to file account

 

 

 

 

 

 

 

Settlement of account


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

ê1941 Statutes of Nevada, Page 212 (CHAPTER 107, AB 5)ê

 

 

 

 

Exceptions may be filed

 

 

 

 

 

Expense vouchers to be filed

 

 

 

 

 

 

 

 

 

 

 

 

Minor and absent heirs to be protected

 

 

 

 

 

Order settling account final; proviso

the estate to those entitled thereto may be had immediately, but notice of the hearing of the petition for distribution must also be given as provided in section 243 of this act.

      Sec. 216.  Any person interested in the estate may appear and file written exceptions to the account and contest the same. Upon the hearing, the executor or administrator may be examined on oath touching the account and the property and effects of the decedent and the disposition thereof. All matters, including allowed claims, not passed upon on the settlement of any former account and not reduced to judgment, may be contested for cause shown.

      Sec. 217.  In rendering his account, the executor or administrator shall produce vouchers for all payments he may have made, which vouchers shall be filed and remain in court, and he may be examined on oath touching such payments, and also touching any property and effects of the deceased, and the disposition thereof. When any such voucher shall be required for other purposes, it may be withdrawn on leaving a certified copy on file. If any vouchers be lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the items were paid in good faith and were legal charges against the estate, the executor or administrator shall be allowed such items. He may be allowed any item of expenditure not exceeding twenty dollars, for which no voucher is produced, if it is supported by his uncontradicted oath positive to the fact of payment, specifying when, where, and to whom it was made; but the total amount of such allowances in all his accounts must not exceed five hundred dollars.

      Sec. 218.  If there be a minor interested in the estate who has no legally appointed guardian, the court may appoint some disinterested attorney to represent him, who, on behalf of the minor, may contest the account as any other person having an interest might contest it. The court may also appoint an attorney to represent absent heirs and devisees and legatees. All matters, including allowed claims not passed upon on the settlement of any former account, or on making a decree of sale, may be contested by interested parties for cause shown.

      Sec. 219.  The order settling and allowing the account, when it becomes final, is conclusive against all persons interested in the estate, saving, however, to persons under legal disability, the right to move for cause to reopen and examine the account, or to proceed by action against the executor or administrator or his sureties at any time before final distribution; and in any such action such order is prima facie evidence of the correctness of the account.


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

ê1941 Statutes of Nevada, Page 213 (CHAPTER 107, AB 5)ê

 

distribution; and in any such action such order is prima facie evidence of the correctness of the account.

      Sec. 220.  No account shall be allowed by the court until it be first proved that the notice, hereinbefore required, has been given, and the order or decree shall show that such proof was made to the satisfaction of the court and shall be conclusive evidence of the fact.

      Sec. 221.  Whenever the authority of an executor or administrator shall cease or shall be revoked for any reason, he may be cited by the court to account, at the instance of the person succeeding to the administration of the same estate, in like manner as he might have been by any person interested in the estate during the time he was executor or administrator.

      Sec. 222.  If the executor or administrator absconds or conceals himself, or if, after reasonable diligence, he cannot be found, so that a citation cannot be personally served, and shall neglect to file an account within twenty days after the time fixed for that purpose, his letters shall be revoked.

      Sec. 223.  The debts of the estate shall be paid in the following order:  First-Funeral expenses.  Second-The expenses of the last sickness.  Third-Family allowance.  Fourth-Debts having preference by laws of the United States.  Fifth-Wages to the extent of two hundred dollars, of each employee of the decedent, for work done or personal services rendered within ninety days prior to the death of the employer; if there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.  Sixth-Judgments rendered against the deceased in his lifetime, and mortgages in order of their date.  Seventh-All other demands against the estate.

      Sec. 224.  The preference given in the preceding section to a mortgage shall only extend to the proceeds of the property mortgaged. If the proceeds of such property be insufficient to pay the mortgage, the part remaining unsatisfied shall be classed with other demands against the estate.

      Sec. 225.  Upon the settlement of any account of the executor or administrator, after the time to file or present claims has expired, the court shall order the payment of the debts as the circumstances of the estate permit. If there are not sufficient funds to pay all of the debts the order shall specify the sum to be paid to each creditor. No creditor of any one class shall receive any payment until all those of a preferred class are fully paid; and if the estate is insufficient to pay all debts of any one class, each creditor of that class must be paid a dividend in proportion to his claim. If the property of the estate is exhausted by the payment ordered, such account shall constitute a final account, and the executor or administrator shall be entitled to his discharge on producing and filing the necessary vouchers and proof showing that he has complied with the order.

 

 

Notice must have been given

 

 

Successor of executor may demand accounting

 

 

 

Letters may be revoked

 

 

 

Payment of debts

 

 

 

 

 

 

 

 

 

Preference

 

 

 

 

Court may pro rate payments


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

ê1941 Statutes of Nevada, Page 214 (CHAPTER 107, AB 5)ê

 

 

 

 

 

Funeral expenses, etc.

 

 

 

 

 

 

Status of claim not due

 

 

 

 

 

 

 

 

 

Executor liable for amount of claim

 

 

 

 

 

Creditor not filing claim barred

 

Exception

account shall constitute a final account, and the executor or administrator shall be entitled to his discharge on producing and filing the necessary vouchers and proof showing that he has complied with the order.

      Sec. 226.  It shall be the duty of the executor or administrator, as soon as he has sufficient funds in his hands, to pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, and wage claims to the extent of two hundred dollars of each employee of decedent for work done or personal services rendered within ninety days prior to the death of the employer, but he may retain in his hands the necessary expenses of administration. He shall not be obliged to pay any other debt or any legacy until the payment shall have been ordered by the court.

      Sec. 227.  If there is any claim not due, or any contingent or disputed claims against the estate, the amount thereof, or such part of the same as the holder would be entitled to if the claim were due, established or absolute, must be paid into court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to establish his claim, to be paid over or distributed as the circumstances of the estate require. If a creditor, whose claim has been allowed but is not yet due, appears and assents to a deduction therefrom of the legal interest for the time the claim has yet to run, he is entitled to be paid accordingly. The payments provided for in this section are not to be made when the estate is insolvent unless a pro rata distribution is ordered.

      Sec. 228.  Whenever an order shall be made by the court for the payment of creditors the executor or administrator shall be personally liable to each creditor for the amount of this claim, or the dividends thereon, and execution may be issued upon such order as upon a judgment in any other action, in favor of each creditor, and the same proceedings may be had under such execution as if it had been issued upon a judgment. The executor or administrator shall also be liable on his bond to each creditor.

      Sec. 229.  When the accounts of the executor or administrator have been settled, and an order made for the payment of debts and distribution of the estate, no creditor whose claim was not included in the order for payment has any right to call upon the creditors who have been paid, nor upon the heirs, devisees or legatees, to contribute to the payment of his claim; but if the executor or administrator has failed to give the notice to creditors, as prescribed by law, such creditor may recover on the bond of the executor or administrator the amount for which his claim would properly have been allowed.

      Sec. 230.  When the whole of the debts and liabilities of an estate have been paid, the court shall proceed to direct the payment of legacies and the distribution of the estate among those entitled, as hereinafter provided; provided, the estate is in condition to be closed; if not, then at such time as it thereafter may be in condition.


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

ê1941 Statutes of Nevada, Page 215 (CHAPTER 107, AB 5)ê

 

an estate have been paid, the court shall proceed to direct the payment of legacies and the distribution of the estate among those entitled, as hereinafter provided; provided, the estate is in condition to be closed; if not, then at such time as it thereafter may be in condition.

      Sec. 231.  Whenever all the property of an estate shall have been sold or there shall be sufficient funds in his hands for the payment of all debts due by the estate, and the estate be in a proper condition to be closed, the executor or administrator shall render and file his final account and pray for a settlement of his administration.

      Sec. 232.  If he neglects to render and file his final account the same proceedings may be had as prescribed in this act in regard to the first account to be filed by him, and all the provisions relative to said first account, and the notice and settlement thereof shall apply to his account for final settlement.

      Sec. 233.  Where the accounts of an executor or administrator have been settled and a decree for the distribution of the estate made by the court, the executor or administrator shall, without any unnecessary delay, distribute the estate remaining in his hands as by the decree directed. The executor or administrator shall, within ten days after the entry of decree of distribution conveying any real estate, file with the county recorder of the county in which such decree was entered a certified copy of such decree.

      Sec. 234.  At the time any account comes before the court for allowance, if there are no exceptions filed by any person interested in the estate, and the account is made to appear to the court to be correct and according to law, the court may allow and confirm the account.

      Sec. 235.  At any time after the lapse of three months after the issuing of letters testamentary or of administration, any heir, devisee or legatee, or his assignee, may present his petition to the court, praying that the legacy or share of the estate, to which he or she is entitled, may be given to him or her upon giving bond, with approved security, for the payment of his or her proportion of the debts of the estate. The court may dispense with a bond if it be made to appear that the same is unnecessary.

      Sec. 236.  Notice of the application shall be given to the executor or administrator personally, and to all persons interested in the estate, in the same manner that notice is required to be given by section 283, or as the court may direct.

      Sec. 237.  The executor or administrator, or any person interested in the estate, may appear and resist the application, or any other heir, devisee or legatee may make a similar application for himself or herself.

      Sec. 238.  If, on the hearing, it appears that the estate is but little indebted and that the share or shares of the party or parties petitioning may be allowed, without injury to the creditors of the estate, the court shall make a decree in conformity to the prayer of the applicant or applicants; provided, that each one of them shall first execute and deliver to the executor or administrator a bond in such sum as shall be designated by the court or judge, and with sureties to be approved by the judge.

 

Distribution of estate

 

 

Final account

 

 

 

Proceedings on failure to file

 

 

 

Decree of distribution to be filed

 

 

 

 

Court may allow account

 

 

 

Heirs may request settlement; bond

 

 

 

Notice to be given

 

 

Objections may be filed


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

ê1941 Statutes of Nevada, Page 216 (CHAPTER 107, AB 5)ê

 

 

Court may grant request

 

 

 

 

 

 

 

Distribution

 

 

Partition

 

Costs

 

Action on bond

 

 

 

 

 

 

 

 

 

 

 

Petition for final distribution

but little indebted and that the share or shares of the party or parties petitioning may be allowed, without injury to the creditors of the estate, the court shall make a decree in conformity to the prayer of the applicant or applicants; provided, that each one of them shall first execute and deliver to the executor or administrator a bond in such sum as shall be designated by the court or judge, and with sureties to be approved by the judge. Such bond shall be made payable to the executor or administrator and conditioned for the payment by the heir, devisee or legatee, whenever required, of his or her proportion of the debts of the estate. The court may dispense with a bond if it be made to appear that the same is unnecessary.

      Sec. 239.  Such decree may direct the executor or administrator to deliver to the petitioner or petitioners the whole portion of the estate to which he, she, or they may be entitled, or a part only thereof.

      Sec. 240.  If, in the execution of such decree, any partition be necessary between two or more of the parties, it shall be made in the manner hereinafter prescribed.

      Sec. 241.  The costs of such proceedings shall be paid by the applicant, or if there be more than one, shall be apportioned equally among them.

      Sec. 242.  Whenever any bond has been executed and delivered as above prescribed, and the executor or administrator shall ascertain that it is necessary for the settlement of the estate to require the payment of any part of the money thereby secured, he shall petition the court for an order requiring the payment and cause a citation to be issued and served upon the party bound, requiring him or her, at a time and place, not more than ten days after the date of the citation, to be stated therein, to appear and show cause why the order shall not be made. At the hearing, the court, if satisfied of the necessity for such payment to be made, shall make an order accordingly, designating the amount and giving a time in which it shall be paid. If the money be not paid within the time allowed, an action may be maintained by the executor or administrator on the bond. Similar proceedings may be had against a distributee when no bond is given.

      Sec. 243.  When an executor or administrator files his final account, with a petition praying for the allowance and confirmation thereof, he may also include in such petition a prayer for the distribution of the estate, and, upon the settlement and allowance of the final account, the court may also decree a distribution of the residue of the estate, if any, among the persons who are by law entitled. If a final account be settled and allowed without a decree of distribution, the executor or administrator, or any heir, devisee or legatee, or assignee or grantee of any heir, devisee or legatee, at any time thereafter, may petition the court for a decree distributing the estate.


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ê1941 Statutes of Nevada, Page 217 (CHAPTER 107, AB 5)ê

 

legatee, or assignee or grantee of any heir, devisee or legatee, at any time thereafter, may petition the court for a decree distributing the estate. A statement of the receipts and disbursements of the executor or administrator, since the rendition of his final account, shall be reported and filed before or at the time of making such distribution, unless distribution of real estate only be made, and a settlement thereof, together with an estimate of the expense of closing the estate, shall be made by the court, and shall be included in the decree, or the court or judge may order notice of the settlement of such supplementary account. When a petition for distribution shall be filed, notice of the hearing of said petition shall be personally served at the time of the filing of the final account or subsequently thereto, on all personally interested in the estate, at least five days before the time specified in the notice, or shall be given by publication for at least once a week for three successive weeks in such newspaper as the court or judge shall order, and the court may order such further notice as it may deem proper.

      Sec. 244.  In the decree, the court shall name the persons and the proportion or parts to which each shall be entitled, and such person shall have the right to demand and recover his or her respective share from the executor or administrator, or any other person having the same in possession.

      Where any trust, life estate or estate for years has been created by or under any will to continue after distribution the district court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction thereof for the purpose of the settlement of accounts under the trusts, life tenancies or estate for years, and the distribution of the residue to those entitled thereto, which distribution may be upon petition of the trustees, or of his executors or administrators, or of any party entitled to share in the distribution. And any trustee created by any will, or appointed to execute any trust created by any will, may, from time to time, pending the execution of his trust, or may, at the termination thereof, render and pray for the settlement of his accounts as such trustee before the district court in which the will was probated, and in the manner provided for the settlement of the accounts of executors and administrators. The trustee, or in case of his death, his legal representatives, shall, for that purpose, present to the court his verified petition, setting forth his accounts in detail, with a report showing the condition of the trust estate, together with a verified statement of said trustee, giving the names and post-office addresses, if known, of the beneficiaries, and upon the filing thereof the clerk shall fix a day for the hearing and give notice thereof of not less than ten days, by causing notice to be posted in at least three public places in the county, setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account.

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of decree

 

 

 

 

District court retains jurisdiction

 

 

 

 

 

 

 

 

Trustee to file report on condition of estate


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

ê1941 Statutes of Nevada, Page 218 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

 

 

 

 

 

 

Tenant of estate to file account

 

 

 

 

 

 

 

 

 

 

Compensation of trustee

 

 

 

 

Final decree

 

 

When trustee may decline to act

setting forth the name of the trust estate, the trustee, and the day appointed for the settlement of the account. The court, or a judge thereof, may order such further notice to be given as may be proper. Such trustee may, in the discretion of the court, upon application of any beneficiary of the trust or the guardian of such beneficiary, be ordered to appear and render his account, after being cited by service of citation, as provided for the service of summons in civil cases, and such application shall not be denied where no account has been rendered to the court within six months prior to such application. Upon the filing of the account so ordered the same proceedings for the hearing and settlement thereof shall be had as hereinbefore provided in the case of settlement of accounts of administrators and executors.

      Sec. 245.  Wherever by law, or by the terms creating a life estate, or an estate for years, the tenant is required to account for his use of the property of which he is tenant, then the foregoing provisions concerning accounting by a trustee shall apply to the life tenant for years, and, after his death, to his executor and administrators, and where no obligation to account during his tenancy is imposed upon such tenant, nevertheless such of the foregoing provisions as apply to accounting by the executors and administrators of a trustee shall apply to the executors and administrators of such tenant, to the extent of determining the residue of the estate.

      Whenever a distribution of the residue of the trust estate, estate for life or estate for years to those entitled thereto shall be petitioned for, notice of the hearing of such petition shall be given for the time and in the manner provided in section 243 of this act upon petitions for distribution.

      Sec. 246.  On the settlement of each account of a trustee the court shall allow the trustee his proper expenses and such compensation for services as the court may deem just and reasonable. Where there are several trustees it shall apportion the compensation among them according to the respective services rendered. It may, in its discretion, fix a yearly compensation for the trustee or trustees, to continue as long as the court may deem proper.

      Sec. 247.  A decree rendered under the provisions of this act, when it becomes final, shall be conclusive upon all persons in interest, whether or not they are in being.

      Sec. 248.  Any person named or designated as a trustee in a will, may, at any time before distribution of any of the estate to him, decline to act as such trustee, and an order of court shall thereupon be made accepting such resignation; but the declination of any such person who has qualified as trustee shall not be accepted by the court unless the same shall be in writing and filed in the matter of the estate in the court in which the administration is pending, and such notice shall be given thereof, as is required upon a petition for letters of administration.


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

ê1941 Statutes of Nevada, Page 219 (CHAPTER 107, AB 5)ê

 

trustee shall not be accepted by the court unless the same shall be in writing and filed in the matter of the estate in the court in which the administration is pending, and such notice shall be given thereof, as is required upon a petition for letters of administration. In accepting a declination the court may make and enforce any order which may be necessary for the preservation of the estate.

      Sec. 249.  The court in which the administration is pending shall have power, at any time before final distribution, to appoint some fit and proper person to fill any vacancy in the office of trustee under the will, whether resulting from such declination, removal, or otherwise, if such appointment is necessary to carry out the trust. Such appointment may be made by the court upon the written application of any person interested in the trust, filed in the probate proceedings, and shall be made only after notice to all parties interested in the trust given as required upon a petition for the probate of a will.

      Sec. 250.  If a trustee of a testamentary trust dies, resigns, or is removed after distribution, and a vacancy in the trusteeship is created thereby, and no method of filling said vacancy is provided for in the will, the court which had jurisdiction over the settlement of his accounts shall have the power to appoint a new trustee to fill the vacancy, upon the petition of anyone interested in the trust estate, and notice given for the period and in the manner required upon petition for the probate of a will. The court shall have power to appoint a temporary trustee without notice in order to preserve the trust estate when necessary.

      Sec. 251.  The court may in its discretion require the person appointed under section 249 or section 250 of this act, before acting as a trustee, to give a bond as is required of a person appointed administrator. If bond be required the trustee shall be allowed the cost of such bond.

      Sec. 252.  When two or more heirs, devisees or legatees are entitled to the distribution of undivided interests in any real or personal property of the decedent, and they have not agreed among themselves, before distribution, to a partition, allotment or other division thereof, any one or more of them, or the executor or administrator, at the request of any one or more of them, may petition the court to make such partition, allotment or division of the property as will be equitable and will avoid the distribution of undivided interests.

      Sec. 253.  To secure such partition any person interested may file a petition stating the necessary facts, particularly describing the property to be partitioned and the party or parties interested in such property. Upon filing such petition, a citation shall issue to all persons interested who shall reside in this state, or their guardians, and to agents, attorneys or guardians, if there be any in this state, or such as reside out of this state, to appear and show cause why a decree of partition should not be made as prayed for.

 

 

 

 

 

Court may fill vacancy

 

 

 

 

 

 

 

May appoint temporary trustee

 

 

 

 

 

 

May require bond

 

 

 

Estates in common

 

 

 

 

 

 

Partition, who may file


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

ê1941 Statutes of Nevada, Page 220 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

 

 

 

 

 

Commissioners appointed

 

 

 

 

 

 

 

 

When real estate in different counties

 

 

 

 

When interests parted with

 

 

 

Shares, how set out

reside in this state, or their guardians, and to agents, attorneys or guardians, if there be any in this state, or such as reside out of this state, to appear and show cause why a decree of partition should not be made as prayed for. The citation shall specify the estate and the party petitioning for partition, also the time and place for hearing the petition, not more than twenty days from its date, and must be served five days before the hearing at the time specified in the citation, or at such further time as the court may continue the hearing. Upon proof, to the satisfaction of the court, that the citation has been properly served as above required, the court shall proceed to hear the petition and the allegation and proofs of the respective parties, and decree accordingly.

      Sec. 254.  When the property to be partitioned is entirely personal property the court or judge shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be duly sworn by any officer authorized to administer oaths to faithfully and impartially discharge their duties. A certified copy of the order appointing them, attached to a certified copy of the decree fixing the shares to which the respective parties are entitled shall be given to them as their warrant, and their oath must be endorsed thereon. When the property to be divided is real estate, or partly real and partly personal, one of the three commissioners shall be a practical surveyor. Upon consent of the parties, and when the court shall deem it proper and just, the court may appoint one commissioner only, who shall have the same authority and be governed by the same rules as if three were appointed.

      Sec. 255.  If the real estate to be partitioned shall be in different counties, the court or judge, if deemed proper, may appoint commissioners for each county, and, in such case, the estate in each county shall be divided separately, as if there were no other estate to be partitioned; but the commissioners first appointed shall, unless otherwise directed by the court, make division of the real estate wherever situated in this state.

      Sec. 256.  Partition may be made as provided herein, although some of the original heirs, devisees or legatees may have assigned or conveyed their share to other persons, and such shares shall be partitioned to the person holding the same in the same manner as they would have been to the heirs, devisees or legatees had they not transferred their shares.

      Sec. 257.  The several shares in the real and personal estate shall be set out to each individual in proportion to his or her right, and the real estate by metes, bounds, or such description that the same can be easily distinguished. If two or more of the parties request to have their shares set out so as to be held in common and undivided, such shares may be so partitioned.


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

ê1941 Statutes of Nevada, Page 221 (CHAPTER 107, AB 5)ê

 

set out so as to be held in common and undivided, such shares may be so partitioned.

      Sec. 258.  The expenses of such partition shall be equitably apportioned by the court among the parties, but each party must pay his own attorney’s fees.

      Sec. 259.  The allotment made by the court shall control upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to such allotment may be reviewed upon appeal from the decree of distribution.

      Sec. 260.  When any such real estate cannot be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to shares therein, who will accept and pay to the other parties interested their just proportion of the true value thereof, or secure the same to their satisfaction, or, in case of the minority of such party or parties, to the satisfaction of the guardian of such minor or minors, and the true value of the estate shall be ascertained and reported by the commissioners or appraisers appointed specially for that purpose.

      Sec. 261.  When any tract of land or tenement shall be of greater value than either party’s share in the estate to be divided, and cannot be divided without injury to the same, it may be set off by the commissioners to any one of the parties, who will accept it and pay, or secure to be paid, to one or more of the others interested, such sum or sums as the commissioners shall award to make the partition equal, and the commissioners shall make their award accordingly; but such partition shall not be established by the court until the sums so awarded shall be paid to the parties entitled to the same, or secured to their satisfaction.

      Sec. 262.  When it cannot otherwise be fairly divided, the whole or any part of the estate, real or personal, may be recommended by the commissioners to be sold, and if the report be confirmed the court may order a sale by the executor or administrator or by a commissioner appointed for that purpose, and distribute the proceeds. The sale shall be conducted, reported upon and confirmed in the same manner and under the same rules as in ordinary cases of sales of land by an executor or administrator under this act.

      Sec. 263.  When partition of real estate among heirs, devisees, or legatees shall be required, and such real estate shall be in common and undivided with the real estate of any other person, the commissioner shall first divide and sever the estate of the deceased from the estate in which it lies in common, and such division, so made and established by the court, shall be binding upon all the persons interested. The court may authorize the executor or administrator to bring suit for such partition when deemed necessary.

      Sec. 264.  In making partition the commissioners shall always have regard to quantity and quality, and may set off quantity against quality, or quality against quantity, so that when the partition is made all the shares partitioned shall be of equal value as near as possible.

 

Expenses apportioned

 

Allotment may be reviewed

 

 

When partition cannot be made

 

 

 

 

 

When value of property greater than either party’s share

 

 

 

 

 

 

Property may be ordered sold

 

 

 

 

Commissioner may divide and sever estate, when


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

ê1941 Statutes of Nevada, Page 222 (CHAPTER 107, AB 5)ê

 

Duties of commissioner

 

 

Guardians for minor and other heirs

 

 

 

 

 

 

 

 

Commissioners to report

 

 

 

 

 

 

 

Exceptions to be heard

always have regard to quantity and quality, and may set off quantity against quality, or quality against quantity, so that when the partition is made all the shares partitioned shall be of equal value as near as possible.

      Sec. 265.  Before any partition shall be made, as provided herein, guardians shall be appointed for all minor and insane persons interested in the estate to be divided, and an attorney shall be appointed for all nonresident or absent heirs or other persons interested. The commissioners shall notify all persons interested in the partition, their guardians, agents or attorneys, of the time when they will proceed to make partition, which time shall be as reasonable after their appointment as circumstances will admit, or the court, in the order of appointment, may fix the time. The commissioners may take testimony, for which purpose any one of them may administer an oath, and they make take all necessary steps to enable them to form a correct judgment upon the matters before them.

      Sec. 266.  The commissioners, within a reasonable time after they have finished their work, shall make a report of their proceedings and of the partition made by them, and file the same with the clerk of the court. Within fifteen days after the report is filed any person interested may file exceptions to the report, particularly specifying the grounds of objection. A copy of such exceptions shall be served upon the commissioners and all parties interested in the partition, their guardians, agents or attorneys in the county, with a notice to such persons that the excepting party will, at a certain time to be mentioned, not later than twenty days after the filing of said exceptions, move the court to set aside the report, and for a new partition. At the time specified, or at such other time as the court may sit, the court shall proceed to hear the report and exceptions, and may hear proof by any party, and, for sufficient reasons, the court may set aside the report and recommit the partition to the same commissioners, or appoint others, or may modify or confirm the report. If no exceptions shall be filed to the report within the time above specified, the court, on the expiration of said fifteen days, or at any time thereafter, if the report appears to be just and correct and all the proceedings regular, shall confirm the report, and when such report shall be finally confirmed the decree of confirmation and the report shall be recorded by the clerk, and the court shall order proper conveyance to be made by the respective parties to one another, or may, if for any reason necessary, appoint a commissioner to make such conveyance or conveyances, which, when acknowledged and recorded, shall effectually pass the title.

      Sec. 267.  All questions as to advancement made or alleged to have been made by the deceased to any heirs may be heard and determined by the court, and shall be specified in the decree distributing the estate, and in the warrant to the commissioners, and the final decree of the court shall be binding on all parties interested in the estate, with right, however, of any party to appeal from a final decree of the court to the supreme court.


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

ê1941 Statutes of Nevada, Page 223 (CHAPTER 107, AB 5)ê

 

to have been made by the deceased to any heirs may be heard and determined by the court, and shall be specified in the decree distributing the estate, and in the warrant to the commissioners, and the final decree of the court shall be binding on all parties interested in the estate, with right, however, of any party to appeal from a final decree of the court to the supreme court.

      Sec. 268.  When property is assigned or distributed to a person who cannot be found or who refuses to accept the same or to give a proper voucher therefor, or to a minor or incompetent person who has no legal guardian to receive the same, or person authorized to receipt therefor, and the same or any part thereof consists of money, the executor or administrator may deposit the money in the name of the assignee or distributee, with the county treasurer of the county in which the proceedings are pending, who shall give a receipt for the same, and be liable upon his official bond therefor; and said receipt shall be deemed and received by the court, or judge thereof, as a voucher in favor of the executor or administrator with the same force and effect as if executed by such assignee or distributee.

      Sec. 269.  If the assignee or distributee is a nonresident minor or insane or incompetent person, who has a guardian of his estate legally appointed under the laws of any foreign jurisdiction, the distribution of such assignee’s or distributee’s share may be made to such legally appointed guardian, whose receipt therefor, together with a certificate of his appointment issued under seal of the court by the clerk of the court appointing him, when filed with the clerk of the court in which such assignment or distribution was ordered, shall be deemed and received by the court, or a judge thereof, as a complete receipt and voucher in favor of such executor or administrator.

      Sec. 270.  When personal property remains in the hands of the executor or administrator unclaimed for a year, or when the distributee refuses to accept or give a proper receipt for the property, or is a minor or incompetent person and has no legally qualified guardian of his estate, and it appears to the court that it is for the benefit of those interested, or if the executor or administrator desires his discharge and it appears to the court that no injury will result to those interested, the court shall order the property to be sold. The proceeds, after deducting such expenses of sales as may be allowed by the court, must be paid into the county treasury. The depositor must take from the treasurer duplicate receipts, one of which he must file in the office of the auditor, and the other with the court.

      Sec. 271.  Until the property is delivered or thus disposed of, the executor or administrator must render to the court, annually, an account showing what income he has received, what property he has sold and at what price, and the character and value of the property remaining in his hands.

Advancements; right of appeal

 

 

 

Absentees, etc., duties of executor

 

 

 

 

 

 

 

 

Nonresidents

 

 

 

 

 

 

 

 

Unclaimed estates

 

 

 

 

 

 

 

 

Executor to report annually


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

ê1941 Statutes of Nevada, Page 224 (CHAPTER 107, AB 5)ê

 

 

 

Money may be reclaimed

 

 

 

Life estates

 

 

 

 

Discharge of executor

 

 

 

 

Subsequent letters may issue

 

 

Powers suspended pending investigation

 

 

 

 

 

 

 

 

 

Special administrator

annually, an account showing what income he has received, what property he has sold and at what price, and the character and value of the property remaining in his hands.

      Sec. 272.  When any person appears and claims the money paid into the treasury, the court making the distribution must inquire into such claim, and, if satisfied of his right thereto, must grant him a certificate to that effect, under its seal; and upon presentation of the certificate, the auditor must draw his warrant on the treasurer for the amount.

      Sec. 273.  Where a specific legacy is for life only, the life tenant must sign and deliver to the remainderman, or, if there be none, to the personal representative, an inventory of the property, expressing that the same is in his custody for life only, and that, on his decease, it is to be delivered to the remainderman.

      Sec. 274.  When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, on the order of court, all the property of the estate to the parties entitled, and has performed all acts lawfully required of him, the court shall make a decree discharging him and his sureties from all liability thereafter to be incurred.

      Sec. 275.  The final settlement of an estate shall not prevent a subsequent issuance of letters testamentary or of administration should other property of the estate be discovered, or should it become necessary or proper, from any cause, that letters should again be issued.

      Sec. 276.  Whenever a district judge has reason to believe, from his own knowledge or from credible information, that any executor or administrator has wasted, converted to his own use, or mismanaged, or is about to waste or convert to his own use, the property of the estate committed to his charge, or has committed or is about to commit any wrong or fraud upon the estate, or has become incompetent to act, or has permanently removed from the state, or has wrongfully neglected the estate, or has unreasonably delayed the performance of necessary acts in any particular as such executor or administrator, it shall be his duty, by an order entered upon the minutes of the court, to suspend the powers of such executor or administrator until the matter can be investigated.

      Sec. 277.  During the suspension of the powers of an executor or an administrator, as provided in the preceding section, the district court, or judge, if the condition of the estate requires it, may appoint a special administrator to take charge of the effects of the estate, who shall give bond and account as other special administrators are required to do.


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

ê1941 Statutes of Nevada, Page 225 (CHAPTER 107, AB 5)ê

 

      Sec. 278.  When such suspension has been made the clerk shall issue a citation, reciting the order of suspension, to the executor or administrator to appear before the court at a time therein to be stated, as fixed by the court or judge, to show cause why his letters should not be revoked, said citation to be served by the sheriff, or other person, as provided in the civil practice act for service of process. If he fails to appear in obedience to the citation, or, appearing, the court shall be satisfied that there exist good grounds for his removal, his letters shall be revoked, and letters of administration granted anew, as the case may require.

      Sec. 279.  Any person interested may appear at the hearing and file allegations in writing, showing that the executor or administrator should be removed. Such allegations shall be heard and determined by the court.

      Sec. 280.  If the executor or administrator has absconded or concealed himself or has removed or absented himself from the state, citation may be served by leaving a copy with his attorney of record, if he is available, or in such manner as the court may direct, and the court shall have jurisdiction to proceed as if the citation had been personally served.

      Sec. 281.  In such proceedings for the removal of an executor or administrator, the court may compel his attendance by attachment or other proper process, and may require him to answer questions, on oath, touching his administration, and upon his refusal so to do may commit him to jail until he obey, or may revoke his letters, or both.

      Sec. 282.  The clerk shall enter a minute of all proceedings in matters of estates, as in other actions. When publication is required, such publication shall be made daily, or otherwise, as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this act. The court or judge, however, may prescribe a less number of publications during the period for publication, and the court or judge may, for good cause shown, extend or shorten any of the times prescribed in this act.

      Sec. 283.  Upon the filing of a petition relating to the family allowance filed after the return of the inventory, or of a petition for leave to settle or compromise a claim against a debtor of the decedent, or a claim against the estate, or a suit against the executor or administrator as such, or of a petition for the sale of stocks or bonds, or of a petition for confirmation of a sale, or of a petition for leave to sell or give an option to purchase a mining claim or real property worked as a mine, or of a petition for leave to execute a promissory note or mortgage or deed of trust or give other security, or of a petition for leave to lease or to exchange property, or to institute an action for partition of property, or of a petition for an order authorizing or directing the investment of money, or of a report of appraisers concerning a homestead, or of an account of an executor or administrator or trustee, or a petition for partial or ratable or final distribution, or of a petition for the delivery of the estate of a nonresident, or of a petition for determination of heirship or interest in an estate, or of a petition of a trustee for instructions, or of a petition for the appointment of a trustee after distribution, and in all cases in which notice is required and no other time or method is prescribed by law or by the court or judge, the clerk shall set the same for hearing by the court and shall give notice of the petition or application or report or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least ten days before the day of hearing, giving the name of the estate, the name of the petitioner and the nature of the application, referring to the petition for further particulars, and notifying all persons interested to appear at the time and place mentioned in the notice and show cause, if any they have, why the order should not be made.

Proceedings on suspension

 

 

 

 

 

 

Who may appear

 

 

Citation to issue for missing executor

 

 

 

Court may compel attendance

 

 

 

Minutes of proceedings

 

 

 

 

 

Petitions praying for relief to be filed and posted


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

ê1941 Statutes of Nevada, Page 226 (CHAPTER 107, AB 5)ê

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copy of posted notice to be mailed to executor

 

 

 

 

 

 

 

 

 

 

 

When notice published

or directing the investment of money, or of a report of appraisers concerning a homestead, or of an account of an executor or administrator or trustee, or a petition for partial or ratable or final distribution, or of a petition for the delivery of the estate of a nonresident, or of a petition for determination of heirship or interest in an estate, or of a petition of a trustee for instructions, or of a petition for the appointment of a trustee after distribution, and in all cases in which notice is required and no other time or method is prescribed by law or by the court or judge, the clerk shall set the same for hearing by the court and shall give notice of the petition or application or report or account by causing a notice to be posted at the courthouse of the county where the proceedings are pending, at least ten days before the day of hearing, giving the name of the estate, the name of the petitioner and the nature of the application, referring to the petition for further particulars, and notifying all persons interested to appear at the time and place mentioned in the notice and show cause, if any they have, why the order should not be made. Within two days after the filing of such petition, account, return or report the person filing same must cause a copy of the posted notice to be mailed to the executor or administrator, when he is not the petitioner, or any coexecutor or coadministrator not petitioning, and to all persons (or to their attorneys, if they have appeared by attorney), who have filed a written request for notice in accordance with the provisions of section 119 of this act, or who have given notice of appearance in the estate in person or by attorney, as heir, devisee, legatee or creditor, or as otherwise interested, addressed to them at their respective post-office addresses given in their requests for special notice, if any, otherwise at their respective offices or places of residence, if known, and if not, addressed to them at the county seat of the county where the proceedings are pending. Proof of the giving of notice must be made at the hearing; and, if it appears to the satisfaction of the court that said notice has been regularly given the court shall so find in its order, and such order, when it becomes final, shall be conclusive upon all persons.

      Sec. 284.  In the case of a petition for leave to sell or give an option to purchase a mining claim or real property worked as a mine, or for leave to borrow money or execute a mortgage, deed of trust or give other security, or for leave to execute a lease, or sublease, in addition to the notice required by section 283 of this act, the clerk shall cause such notice of the application to be published in a newspaper of general circulation in the county in which the estate is being probated. If the notice is published in a weekly newspaper, it must appear therein on at least two different days of publication, and the first publication must be at least ten days before the hearing; if in a newspaper published oftener, the notice shall be published twice, that is in two issues of the newspaper, but there shall be at least ten days from the first to the last day of publication, both days included.


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

ê1941 Statutes of Nevada, Page 227 (CHAPTER 107, AB 5)ê

 

different days of publication, and the first publication must be at least ten days before the hearing; if in a newspaper published oftener, the notice shall be published twice, that is in two issues of the newspaper, but there shall be at least ten days from the first to the last day of publication, both days included.

      Sec. 285.  Whenever personal notice is required by this act to be given to any party in the matter of an estate, and no other mode of giving notice is prescribed, it shall be given by citation, which shall be issued by the clerk, under the seal of the court, and directed to the person to be served, and commanding such person to appear before the court or judge, as the case may be, at a time and place to be named in the citation; also, the nature or character of the proceedings shall be briefly stated in the body thereof.

      Sec. 286.  The citation described in the above section is to be served in the same manner as the personal service of summons. If personal service cannot be made upon the person to be served, the citation may be served by leaving a copy with his attorney of record or in such other manner as the court may direct.

      Sec. 287.  All proofs of publication or other mode or modes of giving notice or serving papers may be made by the affidavit of any person competent to be a witness, which affidavit shall be filed, and shall constitute prima facie evidence of such publication or service, as the case may be.

      Sec. 288.  When no other time is specially prescribed, citation shall be served at least two days before the return day.

      Sec. 289.  For the purpose of taking the testimony of a witness or witnesses in other counties of this state, or in other states or territories, or foreign countries, a commission may be issued as in other cases, and, when issued ex parte, no cross-interrogatories shall be necessary.

      Sec. 290.  All issues of fact in matters of an estate shall be disposed of in the same manner as is by law provided upon the trial of issues of fact in a common-law action. All questions of costs may be determined by the court, and execution may issue therefor in accordance with the order of the court.

      Sec. 291.  When, upon any proceeding in an estate, an attorney has been appointed for minors or others interested in the estate, such attorney, until another may be appointed, shall represent the party or parties for whom he has been appointed in all subsequent proceedings. Attorneys for minors, absent or nonresident heirs shall receive compensation primarily out of the estate of the distributee so represented by him in such cases and to such extent as may be determined by the court.

 

 

 

 

Personal notice

 

 

 

 

 

 

Citation, how served

 

 

 

Proofs of publication

 

 

 

Time for serving

 

Testimony of absent witness

 

 

Issues of fact

 

 

 

Attorney for minors


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

ê1941 Statutes of Nevada, Page 228 (CHAPTER 107, AB 5)ê

 

Decree setting apart homestead

 

Appeal to supreme court, when

 

 

 

 

 

 

 

 

 

 

 

 

 

Judgment roll, how constituted

      Sec. 292.  When a decree is rendered, setting apart a homestead, a certified copy of such decree shall be recorded in the office of the county recorder of the county where the property is located.

      Sec. 293.  An appeal may be taken to the supreme court from an order or decree granting or revoking letters testamentary or of administration; admitting a will to probate or revoking the probate thereof; setting aside an estate claimed not to exceed one thousand dollars in value; setting apart property as a homestead, or claimed to be exempt from execution; granting or modifying a family allowance; directing or authorizing the sale or conveyance or confirming the sale of property; settling an account of an executor or administrator or trustee, or instructing or appointing a trustee; instructing or directing an executor or administrator; directing or allowing the payment of a debt, claim, legacy or attorney’s fee; determining heirship or the persons to whom distribution should be made or trust property should pass; distributing property; refusing to make any order heretofore mentioned in this section or any decision wherein the amount in controversy equals or exceeds, exclusive of costs, one thousand dollars; or any other order or decree from which an appeal is expressly permitted by this act.

      Sec. 294.  The following papers, without being attached together, shall constitute the judgment roll in the proceedings mentioned in this act:

      1.  The petition or application or contest or report or account which initiates a particular proceeding; any order directing notice to be given of the hearing thereof; any notice of the hearing thereof, or any order to show cause made thereon, with the affidavits showing such publication, posting or mailing of the notice or order, as may be required by law or the order of the court; the citation, in case no answer or written opposition is filed by a party entitled by law or order of court to notice of the proceedings by citation, with the affidavit or proof of service thereof, and, if service of such citation is made by publication, the affidavit for such publication and the order directing publication; any finding of the court or referee therein; the order or judgment or decree made or rendered therein; and the letters testamentary or of administration, if any.

      2.  If answer or demurrer or written opposition or counter petition in such proceeding is filed, all pleading and all papers in the nature of pleadings therein; all orders striking out any pleading in whole or in part therein; any order made on demurrer or relating to a change of parties therein; the verdict of the jury, if any; and the papers mentioned in subdivision 1 of this section.


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

ê1941 Statutes of Nevada, Page 229 (CHAPTER 107, AB 5)ê

 

      3.  If the proceeding is for the probate of a will, the will; and if the proceeding is a contest of a will, or for revocation of the probate of a will, or a partial, ratable or final distribution of the estate under a will, the will and the order admitting the same to probate; and the papers mentioned in subdivisions 1 and 2 of this section.

      4.  If the proceeding is for the settlement of the final account of the executor or administrator, or for the final distribution of the estate, the affidavit showing publication of notice to creditors, in addition to other papers as above provided.

      Sec. 294(a).  Upon an appeal, the appellate court may, in its discretion, reverse, affirm or modify the judgment, order or decree appealed from, and as to any or all of the parties, and order a remittitur as in other cases, and may order costs to be paid by any party to the proceeding, or out of the estate, as justice may require. Execution for costs may issue out of the district court.

      Sec. 295.  An appeal by an executor or administrator, as herein provided, who has given an official bond, shall be complete and effectual without an undertaking on appeal.

      Sec. 296.  When an order or decree appointing an executor or administrator shall be reversed on appeal, all lawful acts in administration upon the estate performed by such executor or administrator, if he shall have qualified, shall be as valid as if such order or decree had been affirmed. When an executor or administrator resigns or is removed, a successor may be appointed, if a necessity therefor exists, without again proving the death and residence of the deceased.

      Sec. 297.  When any person having title to any estate, which is his or her separate property, not otherwise limited by contract, shall die intestate as to such estate, it shall descend and be distributed, subject to the payment of his or her debts, in the following manner:

      First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife, and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his or her children, and the lawful issue of any deceased child by right or representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation.

Judgment roll, how constituted

 

 

 

 

 

Power of appellate court

 

 

 

 

Undertaking on appeal

 

 

 

Reversal; prior acts valid

 

 

 

Descent and distribution


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

ê1941 Statutes of Nevada, Page 230 (CHAPTER 107, AB 5)ê

 

Descent and distribution

      Second-If he or she shall leave no issue, the estate shall go one-half to the surviving husband or wife, one-fourth to the intestate’s father, and one-fourth to the intestate’s mother, if both are living; if not, one-half to either the father or mother then living. If he or she shall leave no issue, nor father, nor mother, one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. If he or she shall leave no issue, or husband, or wife, the estate shall go, one-half to the intestate’s father and one-half to the intestate’s mother, if both are living; if not, the whole estate shall go to either the father or mother then living. If he or she shall leave no issue, father, mother, brother, or sister, or children of any issue, all of the separate property of the intestate shall go to the surviving husband or wife.

      Third-If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation.

      Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors shall be preferred to those who claim through ancestors more remote; provided, however, if any person shall die leaving several children, or leaving one child and issue of one or more children, and any such surviving child shall die under age and not having been married, all of the estate that came to such deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation.

      Fifth-If at the death of such child, who shall die under age and not having been married, all the other children of this said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descend to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation.

      Sixth-If there be no surviving husband or wife, but there be a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.


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ê1941 Statutes of Nevada, Page 231 (CHAPTER 107, AB 5)ê

 

child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.

      Seventh-If there be no surviving husband or wife, but there shall be a child or children and the lawful issue of a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation as follows:  To such child or children each a child’s part, and to the lawful issue of each deceased child, by right of representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestate’s death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestate’s death.

      Eighth-If there be no surviving husband or wife, or child or children, but there be the lawful issue of a child or children, all of the estate shall descend and be distributed to the lawful issue of such child or children by right of representation, and this rule shall apply to the lawful issue of all such children and to the lawful issue ad infinitum.

      Ninth-If the intestate shall leave no husband, nor wife, nor kindred, the estate shall escheat to the state for educational purposes.

      Sec. 298.  Every illegitimate child shall be considered as an heir of the person who shall acknowledge himself to be the father of such child by signing in writing a declaration to that effect in the presence of one credible witness, who shall sign the declaration also as a witness, and shall in all cases be considered as heir of the mother, and shall inherit in whole or in part, as the case may be, in the same manner as if born in lawful wedlock. Illegitimate children shall be legitimatized by the intermarriage of the parents with each other. Children, so acknowledged or so legitimatized, shall have all the rights of inheritance of legitimate children. The issue of all marriages, deemed null in law or dissolved by divorce, shall be legitimate.

      Sec. 299.  If any illegitimate child shall die intestate, without lawful issue and shall not have been acknowledged or legitimatized, as above provided, his estate shall descend to his mother, or, in case of her decease, to her heirs at law.

      Sec. 300.  The degrees of kindred shall be computed according to the rules of the civil law, and kindred of the half blood shall inherit equally with those of the whole blood in the same degree, unless the inheritance comes to the intestate by descent, devise or gift from some one of his or her ancestors, in which case all those who are not of the blood of such ancestors shall be excluded from the inheritance.

      Sec. 301.  Any estate, real or personal, that may have been given by the deceased in his or her lifetime as an advancement to any donee, shall be considered as part of the estate of the intestate, for the sole purpose of computing the respective shares of the distributees and shall be taken by such donee toward his or her share of the estate of the deceased.

 

 

Descent and distribution

 

 

 

 

 

 

 

 

 

 

 

 

When estate escheats

 

Illegitimate child, inheritance of

 

 

 

 

 

 

 

Heirs of illegitimate child

 

Degrees of kindred computed


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ê1941 Statutes of Nevada, Page 232 (CHAPTER 107, AB 5)ê

 

Advancement part of estate

 

 

When advancement exceeds share

 

 

 

 

When not an advancement

 

Value of advancement

 

 

 

 

 

Idem; in case of death

 

 

Husband and wife

 

Act to be liberally construed

 

 

 

 

 

 

 

Summary administration when value not in excess of $3,000

been given by the deceased in his or her lifetime as an advancement to any donee, shall be considered as part of the estate of the intestate, for the sole purpose of computing the respective shares of the distributees and shall be taken by such donee toward his or her share of the estate of the deceased.

      Sec. 302.  If the amount of such advancement shall exceed the share of the heir so advanced, such heir shall be excluded from any further portion of the distribution and division of the estate, but he or she shall not be required to refund any part of such advancement; and if the amount so received shall be less than his or her share, he or she shall be entitled to as much more as will give him or her his or her full share of the estate of the deceased.

      Sec. 303.  No gift or grant shall be deemed to have been made as an advancement unless so expressed in the gift or grant, or charged in writing by the deceased as an advancement, or acknowledged in writing by the donee to be such.

      Sec. 304.  If the value of the advancement shall be expressed in the conveyance, or in the charge thereof made by the deceased, or in the acknowledgment of the party receiving it, it shall be considered of that value in the distribution and division of the estate; otherwise it shall be estimated according to its value when given as nearly as the same can be ascertained.

      Sec. 305.  If any child, or other lineal descendant so advanced, shall die before the person making the advancement, leaving issue, the advancement shall be taken into consideration in the distribution and division of the estate as if the advancement had been made directly to such issue.

      Sec. 306.  The provisions of this act, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.

      Sec. 307.  This act shall be liberally construed, to the end that justice may be done all parties, and a speedy settlement of estates at the least expense secured; and all proceedings in matters of estate shall be proceedings of record as other actions and proceedings; and all attorneys for estates or executors or administrators or appointed in the proceedings, shall be attorneys of record with like powers and responsibilities as attorneys in other actions and proceedings, and shall be entitled to receive a reasonable compensation, to be paid out of the estate they respectively represent, for services rendered, to be allowed by the court.

      Sec. 308.  When it shall be made to appear to the court or judge, by affidavit or otherwise, that the gross value of the whole estate does not exceed three thousand dollars, the court or judge may, if deemed advisable, make an order for a summary administration of such estate, dispensing with all regular proceedings and notices, except the notice of appointment of executor or administrator, which shall be given by publication for once a week for four successive weeks; provided, the cost does not exceed five dollars.


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ê1941 Statutes of Nevada, Page 233 (CHAPTER 107, AB 5)ê

 

order for a summary administration of such estate, dispensing with all regular proceedings and notices, except the notice of appointment of executor or administrator, which shall be given by publication for once a week for four successive weeks; provided, the cost does not exceed five dollars. All sales of real property, even where summary administration is ordered, shall be made upon notice given and in the manner required by this act for sales of real property. Creditors of such an estate must file their claims, due or to become due, with the clerk, within forty days after the first publication of said notice, and within five days thereafter the executor or administrator must act on the claims filed, and present them in three days thereafter to the judge for his action. Any claim which shall not be filed within said forty days shall be barred forever. The judge or court may, however, if deemed proper, order the notice herein provided for to be given by posting instead of by publication. The court or judge must be satisfied that proper notice has been given before decreeing distribution of the estate and discharging the executor or administrator. Every claim which shall have been filed as above provided, allowed by the executor or administrator, and approved by the judge, shall then, and not until then, be ranked as an acknowledged debt of the estate, and to be paid in due course of administration. The administration of the estate may be closed and distribution made at any time after the expiration of the time for the judge to act on the claims, when it shall appear to the court that all the debts of the estate, expenses and charges of administration and allowances to the family, if any, have been paid, and the estate is in condition to be finally settled. The total of fees and costs of the clerk in a summary administration shall not exceed fifteen dollars. The provisions of this section shall apply only to estates of which summary administration shall be ordered.

      All proceedings taken under this section, whether or not the decedent left a will, shall be originated by a petition for letters testamentary or of administration containing a specific description of all of the decedent’s property, a list of all the liens and encumbrances of record at the date of his death, and an estimate of the value of the property. Notice of hearing of the petition shall be given by posting upon the bulletin board of the county courthouse of the county in which said petition is filed for at least ten days before the date set for the hearing of said petition.

      Sec. 309.  The notice in this act required to be given by every executor or administrator upon his qualifying shall be in substantially the following form:   “Notice to creditors: Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving the title of the court), as (executor or administrator, as the case may be) of the estate of.........................,

 

 

 

Sales of property

 

 

 

 

 

Claims against estate

 

 

 

 

 

 

 

Distribution

 

 

Costs limited

 

 

 

 

Petition must be filed

 

 

 

 

 

Notice to creditors, form of


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ê1941 Statutes of Nevada, Page 234 (CHAPTER 107, AB 5)ê

 

 

 

 

 

Rights of representation

 

 

 

Estates to escheat, when

 

 

 

 

Duty of attorney-general

 

To file information

 

 

 

 

 

Citation to issue

as (executor or administrator, as the case may be) of the estate of........................., late of said county, deceased. All creditors having claims against said estate are required to file the same with proper vouchers attached, with the clerk of the court, within three months of the first publication of this notice. Dated......................”

      Sec. 310.  Inheritance or succession “by right of representation” takes place when the descendants of any deceased heir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents.

      Sec. 311.  If any person shall die, or any person who may have died, within this state, seised of any real or personal estate, and leaving no heirs, representatives, devisees or legatees capable of inheriting or holding the same, and in all cases where there is no owner of such estate capable of holding the same, such estate shall escheat to and be vested in the State of Nevada for educational purposes.

      Sec. 312.  Whenever the attorney-general shall be informed, or shall have reason to believe, that any real or personal estate has become escheatable to this state for the reasons specified in the preceding section, or that any such estate has, for any other reason, become escheatable, it shall be his duty to file an information in behalf of the state in the district court of the county wherein such estate, or any part thereof, is situated, setting forth a description of the estate, the name of the person last lawfully seised, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which said estate is claimed to have become escheated, and alleging that by reason thereof the State of Nevada has by law right to such estate; whereupon, such court shall order that a citation be issued to such person or persons, bodies politic or corporate, alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State of Nevada, said citation to be made returnable within the time allowed by law in other civil actions. The court may also, if deemed advisable, order the citation to be published in a newspaper published in said county (if any), and, if none, then in some other newspaper in this state; provided, however, that when the residue remaining of any estate mentioned in the preceding section, after the payment of the costs and expenses of administration and creditors’ claims and other expenses does not exceed the sum or value of five hundred dollars, the proceedings hereinbefore specified for the escheating of such estate to the State of Nevada shall be dispensed with, and the administrator of such estate, or other legal representative of the deceased, shall, on the order of the court, pay over or deliver such residue to the county treasurer of the county wherein said estate is being probated or is situated for the benefit of the State of Nevada, and the receipt or certificate of said county treasurer, evidencing such payment or delivery, shall be filed with the clerk of the district court of the county wherein such estate is being probated or is situated, and, upon such filing, said administrator, or other legal representative of the deceased shall be released and discharged from all further liability as to such residue, and upon such payment or delivery to him said county treasurer shall notify the attorney-general of the State of Nevada of the same, and shall pay over or deliver such residue to the state treasurer of the State of Nevada, taking his receipt or certificate therefor, and such payment or delivery shall be subject to all of the provisions of this act concerning the recovery of the same from this state by any person or persons found to be entitled thereto.


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ê1941 Statutes of Nevada, Page 235 (CHAPTER 107, AB 5)ê

 

of the deceased, shall, on the order of the court, pay over or deliver such residue to the county treasurer of the county wherein said estate is being probated or is situated for the benefit of the State of Nevada, and the receipt or certificate of said county treasurer, evidencing such payment or delivery, shall be filed with the clerk of the district court of the county wherein such estate is being probated or is situated, and, upon such filing, said administrator, or other legal representative of the deceased shall be released and discharged from all further liability as to such residue, and upon such payment or delivery to him said county treasurer shall notify the attorney-general of the State of Nevada of the same, and shall pay over or deliver such residue to the state treasurer of the State of Nevada, taking his receipt or certificate therefor, and such payment or delivery shall be subject to all of the provisions of this act concerning the recovery of the same from this state by any person or persons found to be entitled thereto.

      Sec. 313.  All persons, bodies politic or corporate, named in such information as terre-tenants or claimants to such estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in such information-the title of the state to the estate therein mentioned-at any time on or before the return day of the citation; and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid, by motion for that purpose made in open court, within the time allowed for pleading as aforesaid; and if any person shall appear and plead as aforesaid, denying the title set up by the state, or traverse any material fact set forth in the information, or issue or issues of fact to be made up, the matter shall proceed as other civil actions on issues of fact, and a survey may be ordered, as in other civil actions, when the boundary is called into question; and after the issues are tried, if it shall appear from the facts that the state has a good title to the estate in the information mentioned, or any part thereof, or if no defense be made by any one, judgment shall be rendered that the state be seised thereof, and recover costs of suit against the defendants, if any appear. Upon any judgment hereafter rendered, or that has heretofore been rendered by any court of competent jurisdiction, escheating real property to the state, on motion of the attorney-general, or on motion of any executor or administrator having charge of such estate, the court shall, or the court may, upon its own motion, make an order that said real property be sold by the sheriff of the county wherein the same is situated, at public sale, after giving such notice of the time and place of sale as is provided in cases of sale of property under execution; and the sheriff shall, within ten days after such sale, make a report thereof to the court, and upon the hearing of said report the court may examine the said report and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid be disproportionate to the value of property sold, or if it appears that a sum exceeding such bid by at least ten percent may be obtained, the court may vacate the sale and direct another sale to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place.

 

 

 

 

 

 

 

 

Residue payable to state treasurer

 

 

 

Contesting escheats

 

 

 

 

 

 

 

 

Procedure


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ê1941 Statutes of Nevada, Page 236 (CHAPTER 107, AB 5)ê

 

Sale of real property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proceeds escheats to state

 

 

Appeal may be taken

 

 

 

Controller to keep account

 

Proceedings to recover from state

make a report thereof to the court, and upon the hearing of said report the court may examine the said report and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid be disproportionate to the value of property sold, or if it appears that a sum exceeding such bid by at least ten percent may be obtained, the court may vacate the sale and direct another sale to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place. If an offer of ten percent more in amount than that named in the report be made to the court in writing, by a responsible person, the court may, in its discretion, accept such offer, and confirm the sale to such person, or order a new sale. If it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a sum in excess of ten percent of the bid made cannot be obtained, or, if the increased bid above mentioned be made and accepted by the court, the court must make an order confirming the sale and directing the sheriff, in the name of the state, to execute to the purchaser or purchasers a conveyance of said property sold; and conveyance shall vest in the purchaser or purchasers all of the right and title of the state therein, and the sheriff shall, out of the proceeds of such sale, pay the costs of said proceedings incurred on behalf of the state, including the expenses of making such sale, and also an attorney’s fee, if additional counsel were employed in such proceedings, to be fixed by the court, not exceeding fifteen percent on the amount of such sale, and the residue thereof shall be paid by said sheriff into the state treasury. In all proceedings to recover estates which have vested in the state by escheat, whenever the same has been sold as provided in this section, the party adjudged entitled thereto shall be entitled to the proceeds of such sale paid into the state treasury, in lieu of the real property sold, and the court shall decree accordingly.

      Sec. 314.  Any party who shall have appeared in any proceedings as aforesaid, and the attorney-general, in behalf of the state, shall respectively have the same right to prosecute an appeal or writ of error upon any judgment, as aforesaid, as parties in other cases.

      Sec. 315.  The state controller shall keep a just and true account of all money paid into the treasury, as also of all lands and personal property vested in the state by escheat; and if, within ten years after any judgment escheating property to the state any person shall appear and claim any money that may have been paid into the state treasury on any real or personal property vested in the state by such judgment, such person may file a petition in the district court of the county wherein the capital of the state is situated, stating the nature of the claim, with an appropriate prayer for the relief demanded.


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ê1941 Statutes of Nevada, Page 237 (CHAPTER 107, AB 5)ê

 

court of the county wherein the capital of the state is situated, stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of such petition shall be served upon the attorney-general before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney-general, after examining all the facts, should become convinced that the state has no legal defense against the petition, he may, with the consent of the court, confess, on behalf of the state, judgment. If judgment shall not be so confessed, the petition shall be considered at issue on the twentieth day after its filing, and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into said claim and hear the allegations and proofs, from which, if the court shall find that such person is entitled to any money paid into the state treasury as aforesaid, it shall, by judgment, order and direct the state controller to draw his warrant in favor of such claimant upon the treasurer for the sum specified in such order, but without interest or cost to the state. If any real estate is the subject of such trial, and the court finds the claimant entitled to it, the court shall decree accordingly, which shall be effectual for divesting the interests of the state in or to such real estate, but no costs shall be taxed against the state. A certified copy of the judgment and order directing the controller to draw his warrant for money shall be a sufficient voucher for him so to do. All persons who shall fail to appear and file their petitions within the time limited as aforesaid shall be forever barred, saving, however, infants and persons of unsound mind, who shall have the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities shall be removed. The legislature may cause any lands, escheated to the state, or personal estate, other than money, at any time after the judgment of escheatal, to be sold as may be provided by law, and the proceeds paid into the state treasury, in which case the petitioners shall be entitled to the proceeds thereof, in lieu of such lands or personal estate, and the court shall decree accordingly.

      Sec. 316.  The said district court, upon the filing of the information hereinbefore provided, upon the motion of the attorney-general, either before or after answer, upon notice to the party or parties claiming the estate, if known, may, sufficient cause therefor being shown, appoint a receiver to take charge of the real estate or personal property, other than money, mentioned in such information, and receive the rents and profits of the same until the title of such property shall be finally settled. Such receiver shall, before entering upon his duties, execute to the State of Nevada a bond in a sum to be fixed by the court, with sureties to be approved by the judge, conditioned to faithfully perform the duties of the trust, and fully account to the party finally adjudged to be entitled to the property.

 

 

Attorney-general to be served

 

 

 

 

 

 

 

 

 

 

 

 

 

Controller to draw warrant, when

 

 

 

Legislature may order certain sales

 

 

 

Receiver may be appointed


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ê1941 Statutes of Nevada, Page 238 (CHAPTER 107, AB 5)ê

 

 

 

 

 

Information as regards escheatable property, fee for

 

 

 

 

Moneys to go into general fund

 

Civil practice act applicable

 

When husband dies intestate

 

 

When wife dies intestate

 

 

Notices given by clerk of court

 

 

Objections may be filed with clerk, when

upon his duties, execute to the State of Nevada a bond in a sum to be fixed by the court, with sureties to be approved by the judge, conditioned to faithfully perform the duties of the trust, and fully account to the party finally adjudged to be entitled to the property. Such party may maintain an action on such bond for any default or damage.

      Sec. 317.  Any person furnishing original information to the attorney-general of any property escheatable to the state, with the necessary evidence to sustain the action of the state in that behalf, shall be entitled to receive, upon the final recovery of such property, five percent of the value of such property so recovered; provided, that the amount so recovered by the person furnishing the information shall not in the aggregate exceed the sum of twenty thousand dollars in any one case; and provided further, that one person only shall be entitled to compensation for such service.

      Sec. 318.  All moneys which have accrued or may hereafter accrue to the state from escheated estates shall be paid into the general fund, but may only be used for educational purposes.

      Sec. 319.  When not otherwise specially provided in this act, all the provisions of law regulating proceedings in civil cases apply in matters of estate, when appropriate, or the same may be applied as auxiliary to the provisions of this act.

      Sec. 320.  Whenever any husband dies intestate, leaving heirs, and if the wife dies intestate subsequently to her husband, without heirs, leaving property, her estate shall vest in the heirs of her husband, subject to expenses of administration and payment of legal debts against the estate.

      Sec. 321.  Whenever any wife dies intestate without issue, leaving heirs, and if the husband dies intestate subsequently to his wife, without heirs, leaving property, his estate shall vest in the heirs of the wife, subject to expenses of administration and payment of legal debts against the estate.

      Sec. 322.  All notices required to be given by this act may be given by the clerk of the court without an order from the judge for the same; and, when so given, for the time and in the manner required by law, they shall be as legal and valid as though made upon an order from such judge.

      Sec. 323.  If the court is not in session at the time set for the hearing of any matter concerning the settlement of the estates of deceased persons, any one opposing the application therein made may file objections thereto with the clerk.

      Sec. 324.  Before letters testamentary, or letters of administration, or letters of administration with the will annexed, are delivered to any executor or administrator, he shall file with the county clerk of the county in which the administration of the estate is pending a written statement containing his name and his permanent address, which permanent address may, from time to time, be changed by him by filing with such county clerk a written statement giving his changed address, and his permanent address shall be deemed to be that contained in the last statement so filed by him.


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ê1941 Statutes of Nevada, Page 239 (CHAPTER 107, AB 5)ê

 

with the county clerk of the county in which the administration of the estate is pending a written statement containing his name and his permanent address, which permanent address may, from time to time, be changed by him by filing with such county clerk a written statement giving his changed address, and his permanent address shall be deemed to be that contained in the last statement so filed by him. The taking of his oath of office by an executor or by an administrator, or by an administrator with the will annexed, shall be deemed to be and shall be the equivalent of an appointment by him of the county clerk of the county in which the administration of the estate is pending to be his true and lawful attorney, upon whom all legal process in any action or proceeding against such executor or administrator may be served, with the same legal force and effect as if served upon him personally within the State of Nevada. Such service of process shall be made by leaving a copy of the process (and if such process be a summons, there shall be attached thereto a copy of the complaint certified by the clerk or the plaintiff’s attorney, and such summons and certified copy of the complaint shall be included in the words, “copy of the process”), with a fee of $2, in the hands of said county clerk, and such service shall be sufficient personal service and shall be the equivalent of personal service upon such executor or administrator within this state; provided, that notice of such service and a copy of the process are forthwith sent by said county clerk, by registered mail, to such executor or administrator, addressed to him at his last permanent address shown by his statement so filed as aforesaid with the county clerk, with postage fully prepaid thereon, and an affidavit or affidavits showing compliance herewith is or are appended to the original process and returned and filed in the action in which it was issued. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The foregoing method of service is cumulative, and shall not prevent the personal service of process upon the defendant within the State of Nevada.

      Sec. 325.  No action to which an executor or administrator or administrator with the will annexed is a party shall abate by reason of the death, disqualification, resignation or removal of such executor or administrator, but the person who is appointed, qualifies and is acting as his successor shall, upon motion, be substituted as a party to said action.

      Sec. 326.  An act entitled “An Act to Regulate the Settlement of the Estates of Deceased Persons,” approved March 23, 1897, and all acts amendatory thereof or supplemental thereto, and also all acts or parts of acts in conflict with this act, are hereby repealed except as to estates and proceedings for the settlement of estates of deceased persons commended prior to the effective date hereof, but as respects such estates all proceedings shall be had and rights determined under said act of March 23, 1897, and acts amendatory and supplemental thereto.

Duties of executor or administrator

 

 

 

Oath

 

 

 

 

 

Service of process

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action not to abate

 

 

 

Repeal


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ê1941 Statutes of Nevada, Page 240 (CHAPTER 107, AB 5)ê

 

 

act, are hereby repealed except as to estates and proceedings for the settlement of estates of deceased persons commended prior to the effective date hereof, but as respects such estates all proceedings shall be had and rights determined under said act of March 23, 1897, and acts amendatory and supplemental thereto. No act repealed by said act of March 23, 1897 shall be revived by this repeal of said act of March 23, 1897.

 

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CHAPTER 108, SB 76

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wild animals

 

Game animals

 

 

 

Fur-bearing animals

[Senate Bill No. 76–Committee on Fish and Game]

 

Chap. 108–An Act to amend “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 28, 1941]

 

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 3035 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  For the purposes of this act, wild animals shall be classified as follows:  Game animals, fur-bearing animals, and predatory animals.

      The words “game animal,” wherever used in this act, shall be held to mean and include the elk, antelope, deer, mountain sheep, mountain goat, black or grizzly bear, cottontail rabbit, mountain hare, and all species of squirrels other than ground squirrels.

      The words “fur-bearing animal,” wherever used in this act, shall be held to mean and include the raccoon, marten or sable, fisher, beaver, wolverine, silver fox, red fox, muskrat, badger, otter, mink, and swift fox.


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ê1941 Statutes of Nevada, Page 241 (CHAPTER 108, SB 76)ê

 

or sable, fisher, beaver, wolverine, silver fox, red fox, muskrat, badger, otter, mink, and swift fox.

      The words, “predatory animal,” wherever used in this act, shall be held to mean and include bobcat, lynx, wolf, mountain lion, coyote, weasel, and skunk.

      The fish and game commission may add any animal not now upon the above lists or take any animal from the above lists, when it is in the public interest so to do.

      Sec. 2.  Section 2 of the above-entitled act, being section 3036 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  For the purposes of this act wild birds shall be classified as follows: Upland game birds, migratory game birds, predatory birds, and nongame birds.

      The words “migratory game birds,” wherever used in this act, shall be held to mean and include anatidae, or waterfowl, commonly known as geese, brant, swan, river and diving ducks, and Wilson snipe, doves, band-tailed pigeons, rails, and coots.

      The words “predatory birds,” wherever used in this act, shall be held to mean and include sharp-shinned hawk, Cooper’s hawk, duck hawk, pigeon hawk, western goshawk, prairie falcon, black-billed magpie, crow, raven, horned owl, English sparrow, blue-jay, and starlings.

      The words “upland game birds,” wherever used in this act, shall be held to mean and include sagehen and sagecock, grouse, wild turkeys, pheasants, partridge, bobwhite quail, valley quail, Gambel quail, Hungarian partridge, and Chukar partridge.

      The words “nongame birds,” wherever used in this act, shall be held to mean and include all wild birds other than those hereinbefore defined as migratory game birds, upland game birds, or predatory birds.

      The fish and game commission may add any bird not now upon the above lists or take any bird from the above lists when it is in the public interest so to do.

      The words “game fish,” wherever used in this act, shall be held to mean and include steelhead and all other trout, charr, whitefish, salmon or landlocked salmon, large-mouth black bass, small-mouthed black bass, perch, and all varieties of sunfish, crappie, calico bass, and catfish; provided, that in all counties in this state in which there were cast at the general election in 1940 two thousand three hundred and ninety-four votes for representative in Congress, catfish shall not be deemed to be included in the term “game fish.”

      The fish and game commission may add any fish not now upon the above lists or take any fish from the above lists when it is in the public interest so to do.

      Sec. 3.  Section 26 of the above-entitled act, being section 3060, N. C. L. 1929, is hereby amended to read as follows:

 

 

Predatory animals

 

New classification, when

 

 

Wild birds classified

 

Migratory game birds

 

 

Predatory birds

 

 

 

Upland game birds

 

 

 

Nongame birds

 

 

May be reclassified

 

Game fish

 

 

 

 

 

 

May be reclassified


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ê1941 Statutes of Nevada, Page 242 (CHAPTER 108, SB 76)ê

 

 

Pyramid lake Indians may sell fish

 

 

 

 

 

 

 

 

 

Open seasons designated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unlawful to ship fish out of state

      Section 26.  It shall be unlawful for any person to fish in or from any of the waters of Pyramid Lake, known as the waters of district No. 1, except between the first day of March and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Pyramid Lake, in district No. 1, and that part of the Truckee river lying north of the government dam at Numana, in district No. 1, between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish.

      Sec. 4.  Section 29 of the above-entitled act, being section 3063 N. C. L. 1929, is hereby amended to read as follows:

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid Lake and Washoe Lake in district No. 1, Lahontan Lake in districts No. 2 and 11, and Walker Lake in district No. 12 between the dates of the first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz Lake, district No. 10, between the dates of the first day of October of each year and the first day of May of the following year; and it shall be unlawful for any person to fish in or from any of the waters of districts No. 7 to 17, inclusive, except between the fifteenth day of April and the first day of October of the same year, both dates included; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners, have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker Lake between March first and December fifteenth, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish; provided further, game fish and carp may be taken by such Indians at any time during the years 1941 and 1942 from the waters of Walker Lake in district No. 12.

      Sec. 5.  Section 35 of the above-entitled act, being section 3069 N. C. L. 1929, is hereby amended to read as follows:

      Section 35.  It shall be unlawful for any person at any time to transport or offer for transportation to any place outside of this state any game or game fish taken within this state; provided, that a permit may be acquired from the commission or its agents, the game wardens or deputies, under regulations, for the transportation of any of the protected fish or game birds or game animals under this act to any point outside of the state, which are not intended to be for sale, and in an amount not to exceed one day’s limit in number; provided further, that when more than one day’s limit is legally in possession under the terms of this act or under federal regulations, the number of fish, animals, or birds, representing the legal possession limit may be shipped under permit as herein provided.


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ê1941 Statutes of Nevada, Page 243 (CHAPTER 108, SB 76)ê

 

under regulations, for the transportation of any of the protected fish or game birds or game animals under this act to any point outside of the state, which are not intended to be for sale, and in an amount not to exceed one day’s limit in number; provided further, that when more than one day’s limit is legally in possession under the terms of this act or under federal regulations, the number of fish, animals, or birds, representing the legal possession limit may be shipped under permit as herein provided.

      Sec. 6.  Section 53 of the above-entitled act, being section 3087 N. C. L. 1929, 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, hunting licenses and trappers’ 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, fish, or trap during the open season as fixed by law shall have written thereon the words:

 

Expires December 31, 19........

State of Nevada, County of.......................

Fishing License-Hunting License

Trapping License

      Name........................................................... Age...................................................................

      Height......................................................... Eyes, color.......................................................

      Hair, color.................................................. Residence.........................................................

      I, the holder of this license, hereby agrees to exhibit any fish, game, or furs in my possession to any regularly appointed state or county warden or deputy warden upon demand.

      Owner’s signature ..............................................................................................................

      No...........................  Date issued .......................................................................................

Not transferable.

 

      The 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 written 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; provided, that the final settlement for trappers’ licenses shall be made as of December 31 of each year.

 

 

 

 

 

 

 

 

 

License for fishing, hunting, trapping

 

 

 

 

Form of license

 

 

 

 

 

 

 

 

 

 

 

 

 

Who to issue license


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ê1941 Statutes of Nevada, Page 244 (CHAPTER 108, SB 76)ê

 

Clerk and auditor to settle annually

 

 

 

 

 

 

Fees-Resident license

 

 

 

 

 

 

Nonresident license

 

 

Noncitizen fishing license

License to declarant noncitizen; proviso

 

 

 

 

 

 

 

License to nondeclarant noncitizen; proviso

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; provided, that the final settlement for trappers’ licenses shall be made as of December 31 of each year.

      Sec. 7.  Section 54 of the above-entitled act, being section 3088 N. C. L. 1929, is hereby amended to read as follows:

      Section 54.  The licenses shall be issued at the following prices:

      First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of one dollar and fifty cents ($1.50) for fishing license, two dollars and fifty cents ($2.50) for a hunting license, and one dollar ($1) for a trapper’s license; provided, that fishing and hunting licenses and deer tags shall be furnished free of charge to all citizens of the State of Nevada who have attained the age of sixty years or upwards in accordance with the provisions of chapter 159 Statutes of Nevada 1935.

      Second-To any citizen of the United States, not a bona fide resident, upon the payment of three dollars ($3) for fishing license, ten dollars ($10) for a hunting license, or ten dollars ($10) for trapper’s license.

      Third-To any person, not a citizen of the United States, upon the payment of seven dollars and fifty cents ($7.50) for a fishing license.

      Fourth-To any person, not a citizen of the United States, who shall have declared his intention to become such a citizen according to the law made and provided for such purposes, who is a bona fide resident of the State of Nevada, upon the payment of ten dollars ($10) for a hunting license or ten dollars ($10) for a trapper’s license; provided, that after he has declared his intention to become a citizen he must complete his naturalization at the earliest period allowed by law; provided further, that said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.

      Fifth-To any person, not a citizen of the United States, upon the payment of twenty-five dollars ($25) for a hunting license, or twenty-five dollars ($25) for a trapper’s license; provided, that said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.


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ê1941 Statutes of Nevada, Page 245 (CHAPTER 108, SB 76)ê

 

      Sixth-The county clerks of their respective counties shall, during the month of January of each year, prepare and forward to the fish and game commissioners at Reno, Nevada, a statement setting forth the number of fishing, hunting, and trapping licenses issued in their counties, designating resident, nonresident, declarant alien, and alien licenses for the preceding year.

      Seventh-All sums received from the sale of trapper’s licenses shall be paid into the state treasury to the credit of the state fish and game fund. All sums received from the sale of alien hunting and fishing licenses shall be paid to the credit of the fish and game funds of the respective counties.

      Sec. 8.  Section 55 of the above-entitled act, being section 3089 N. C. L. 1929, is hereby amended to read as follows:

      Section 55.  Every person in the State of Nevada, over the age of fourteen (14) years, who hunts any of the wild birds or animals, traps any of the fur-bearing animals, or who fishes without having first procured a license therefor, as provided in this act, shall be guilty of a misdemeanor.

      Sec. 9.  Section 56 of the above-entitled act, being section 3090 N. C. L. 1929, is hereby amended to read as follows:

      Section 56.  Every person applying for and procuring a license, as herein provided, shall give to the county clerk his name and resident address, which information shall be by the clerk or board entered in a book kept for that purpose, together with a statement of the date of issuance, the number of licenses issued to such person, and description of such person, by age, height, race, and color of the eyes and hair; provided, that any person who shall make any false statement with regard to his place of residence or citizenship in applying for a hunter’s, angler’s, or trapper’s license shall be guilty of a misdemeanor.

      Sec. 10.  Section 57 of the above-entitled act, being section 3091 N. C. L. 1929, is hereby amended to read as follows:

      Section 57.  All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued to hunt game birds and animals, to trap fur-bearing animals, or to fish only during the open seasons fixed therefor by law, on and from the date of issuance of the license until the date of expiration printed thereon. No license shall be given for a period longer than one year.

      Sec. 11.  Section 59 of the above-entitled act, being section 3093 N. C. L. 1929, is hereby amended to read as follows:

      Section 59.  Every person having licenses as provided herein who while hunting, trapping, or fishing refuses to exhibit such licenses upon the demand of any officer authorized to enforce the fish and game laws of the state, or any other peace officer of the state, shall be guilty of a misdemeanor, and every person lawfully having said licenses who transfers or disposes of the same to another person to be used as a hunting, trapping, or fishing license shall forfeit the same.

County clerks to report to commission

 

 

 

Disposition of receipts

 

 

 

 

 

Person over 14 years of age must have license

 

 

 

 

Requirements for license

 

 

 

 

 

 

 

 

Licenses for one year only

 

 

 

 

 

License must be shown officer


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ê1941 Statutes of Nevada, Page 246 (CHAPTER 108, SB 76)ê

 

 

 

 

Repeal

 

In effect

other peace officer of the state, shall be guilty of a misdemeanor, and every person lawfully having said licenses who transfers or disposes of the same to another person to be used as a hunting, trapping, or fishing license shall forfeit the same.

      Sec. 12.  All acts and parts of acts, insofar as they may be in conflict with the provisions of this act, are hereby repealed.

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

 

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CHAPTER 109, SB 13

 

[Senate Bill No. 13–Senators Cobb, Cox, DeVotie, Grant, Lattin Miller, Modarelli, Russell, Wadsworth and Wittenberg]

 

Chap. 109–An Act to amend the title of and to amend an act entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum and maximum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937.

 

[Approved March 28, 1941]

 

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 to amend the title of and to amend an act entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum and maximum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937.


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ê1941 Statutes of Nevada, Page 247 (CHAPTER 109, SB 13)ê

 

of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum and maximum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937.

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

      Section 2.  Eligibility for Assistance to the Needy Aged.  Assistance shall be granted under this act to any person who has all of the following qualifications combined at the time of the making of application therefor:

      (a) Is 65 years of age or older;

      (b) Is a resident of the State of Nevada who has actually resided in this state for a period of five years or more during the nine years immediately preceding the making of the application for such assistance, the last one year of which shall have been continuous and immediately preceding the making of such application;

      (c) Is a citizen of the United States of America;

      (d) Is in need of financial or other assistance as provided for in this act, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health, and needs as provided for in this act;

      (e) Is not an inmate of or being maintained by any municipal, county, state, federal, or other public institution at the time of receiving any such assistance; provided, such an inmate may, however, make application for such assistance, but the same, if granted, shall not begin until after he or she ceases to be such an inmate;

      (f) Has not, at any time within three years immediately prior to the filing of application for assistance, pursuant to the terms of this act, made any deed, conveyance, bill of sale, assignment, or other transfer of property so as to render himself or herself eligible for such assistance under this act.

Title of act amended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eligibility for assistance to the needy aged


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ê1941 Statutes of Nevada, Page 248 (CHAPTER 109, SB 13)ê

 

 

Eligibility for assistance to the needy aged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount of assistance and measure of need

to the terms of this act, made any deed, conveyance, bill of sale, assignment, or other transfer of property so as to render himself or herself eligible for such assistance under this act.

      (g) For the purposes of determining age of applicant as set out in subdivision (a) hereinabove, of section 2 of this act, any of the following documents showing that he is sixty-five years of age or over shall be sufficient proof of the age of the applicant:

      (1) Certificate of birth of applicant;

      (2) Certificate of baptism of applicant;

      (3) His statement of his age as recorded in his application for marriage license or in his marriage license, or certificate of marriage, or in his application for insurance if made prior to the passage and approval of said chapter 67, or at least five (5) years prior to the date of such application;

      (4) Certified copy or copies of election records, made at least five (5) years prior to the date of such application;

      (5) Entries in a family Bible or other genealogical record or memorandum of the family of such applicant;

      (6) The returns of the United States census taken at least five (5) years prior to the date of such application;

      (7) The affidavit of a reputable person if it is based upon his personal knowledge of facts which would determine and satisfactorily show the probable age of the applicant and is not merely a statement of belief based on applicant’s personal appearance; such affidavit shall contain statements of the circumstances upon which said affiant’s knowledge is based.

      (8) The board may also accept any other proof which in its opinion is sufficient to satisfactorily establish applicant’s age.

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

      Section 3.  Amount of Assistance and Measure of Need.  The amount of the old-age assistance which any person shall receive under the provisions of this act shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his or her needs and health. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this act, including all income from every source, both private, public, charitable, and otherwise, is hereby determined and designated as not less than thirty dollars ($30) nor more than $40 per month, and in determining the amount of assistance for each such person, the county board and state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than thirty dollars ($30) nor more than $40 per month.


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ê1941 Statutes of Nevada, Page 249 (CHAPTER 109, SB 13)ê

 

amount of assistance for each such person, the county board and state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than thirty dollars ($30) nor more than $40 per month.

      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 July 1, 1941.

 

 

 

 

Repeal

 

In effect

 

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CHAPTER 110, SB 30

[Senate Bill No. 30–Senator Heidtman]

 

Chap. 110–An Act to provide for city, county, and regional planning in a certain class of counties; the creation, organization, and powers of planning commissions and zoning boards of adjustment; the regulation of the use of land and of the subdivision of land; the improvement of streets; the inspection of structures; and providing penalties for the violation of this act.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of this act certain terms are defined as provided in this section. Whenever appropriate the singular includes the plural and the plural includes the singular.

      “Governing Body” shall mean the city council or the board of county commissioners.

      “Tentative Map” shall mean a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.

      “Final Map” shall mean a map prepared in accordance with the provisions of this act and those of any applicable local ordinance, which map is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located.

      “Local Ordinance” shall mean an ordinance enacted by the governing body of any city or county, under the powers herein granted and within the limitations herein set forth, regulating the design and improvement of land subdivisions. A certified copy of such ordinance and amendments thereto shall be recorded in the office of the county recorder.

      “Subdivision” shall mean any land or portion thereof shown on the last preceding tax roll as a unit or as contiguous units which is divided in any one calendar year into five or more parcels for the purpose of sale.

 

 

 

 

 

 

 

 

 

 

 

 

 

Definition of terms

 

 

Governing body

 

Tentative map

 

 

Final map

 

 

 

Local ordinance

 

 

 

 

Subdivision


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ê1941 Statutes of Nevada, Page 250 (CHAPTER 110, SB 30)ê

 

Streets

 

Commission

 

Subdivider

 

Improvement

 

 

 

Building code

 

 

Cities and counties

 

To whom act applicable

 

 

 

 

Powers of legislative bodies

      “Streets” include streets, avenues, boulevards, roads, lanes, alleys, viaducts, and other ways.

      “Commission” shall mean the planning commission of the city, the county, or the region, as established by ordinance.

      “Subdivider” shall mean a person, firm, corporation, partnership, or association who causes land to be divided into a subdivision for himself or for others.

      “Improvement” shall mean only such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.

      “Building Code” shall mean ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

      “Cities and counties” shall mean all counties with the population of fifteen thousand (15,000) or more and cities located in said counties.

      Sec. 2.  For the purpose of promoting health, safety, morals, or the general welfare of the community, the legislative bodies of cities and counties having not less than fifteen thousand (15,000) population are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures.

      Sec. 3.  The legislative body of each city and of each county having not less than fifteen thousand (15,000) population may create by ordinance a planning commission to consist of nine members. Six members shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body, and the chief engineer or surveyor or his designated deputy and two other officials, one of whom may be a member of the governing body, shall be ex officio members. All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties. The appointed members shall hold no other public office, except that one such appointed member may be a member of the zoning board of adjustment. The term of each appointed member shall be six years, or until his successor takes office, except that the respective terms of five of the members first appointed shall be one, two, three, four, and five years. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty, or malfeasance of office. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.

      Sec. 4.  The legislative bodies of two or more counties may create by ordinances a regional planning commission.


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

ê1941 Statutes of Nevada, Page 251 (CHAPTER 110, SB 30)ê

 

create by ordinances a regional planning commission. Said commission shall consist of the chief engineer or surveyor and one other official, who may be a member of the governing body, as ex officio members from each county appointed by the chairman of their respective boards of county commissioners with the approval of the governing body. All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties. The appointed members shall hold no other public office except that they may be members of the county planning commission. The term of each appointed member shall be six years or until his successor takes office, except that the term of one of the members first appointed from each county shall be five years. Members may be removed, after public hearing, by a majority vote of their appointing governing body for inefficiency, neglect of duty, or malfeasance of office. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.

      Sec. 5.  The formation of regional planning districts is hereby authorized. Such districts shall consist of a portion of a political subdivision, two or more contiguous political subdivisions or contiguous portions of two or more political subdivisions. In such regional planning districts a regional planning commission shall function in all respects in accordance with the provisions of this act, except that the plans of the regional planning commission shall be coordinated with the plans of any city or county planning commission within the region. Reports required by this act to be made to a governing body of a city or a county shall be made to the governing body of each city or county within the region, and the procedure set forth in this act for action on maps of subdivisions shall not be followed by the regional planning commission for subdivisions which lie in any territory in which there exists a functioning county or city planning commission.

      Sec. 6.  The commission shall elect its chairman from amongst the appointed members and create and fill such other of its offices as it may determine. The term of chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

      Sec. 7.  The commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also contract with city planners, engineers, architects, and other consultants for such services as it may require.

Regional planning Commission may be created

 

 

 

 

 

 

 

 

 

 

Formation of districts

 

 

 

 

 

 

 

 

 

 

 

Election of chairman

 

 

 

 

 

Employees


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

ê1941 Statutes of Nevada, Page 252 (CHAPTER 110, SB 30)ê

 

 

 

 

 

 

Function and duty of commission

 

 

 

 

 

 

 

 

 

Conservation plan

 

 

 

 

 

 

 

Land use plan

 

 

Recreation plan

 

 

Streets and highways plan

 

Transportation plan

contract with city planners, engineers, architects, and other consultants for such services as it may require. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing body, which shall provide the funds, equipment, and accommodations necessary for the commission’s work.

      Sec. 8.  It shall be the function and duty of the planning commission to prepare and adopt a comprehensive, long-term, general plan for the physical development of the city, county, or region which in the commission’s judgment bears relation to the planning thereof. Such plan shall be known as the master plan, and shall be so prepared that all or portions thereof may be adopted by the legislative body, as hereinafter provided, as a basis for the development of the city, county, or region for such reasonable period of time next ensuing after the adoption thereof as may practicably be covered thereby. The master plan, with the accompanying maps, diagrams, charts, descriptive matter, and reports shall include such of the following subjects matter or portions thereof as are appropriate to the city, county, or region, and as may be made the basis for the physical development thereof.

      Conservation Plan.  For the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers, and other waters, harbors, fisheries, wild life, minerals, and other natural resources. Such plan shall also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control, and correction of the erosion of soils, beaches, and shores, and protection of watersheds.

      Land Use Plan.  An inventory and classification of natural land types and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.

      Recreation Plan.  Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds, and other recreation areas, including, when practicable, the locations and proposed development thereof.

      Streets and Highways Plan.  Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof.

      Transportation Plan.  Showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts, and grade separations.


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

ê1941 Statutes of Nevada, Page 253 (CHAPTER 110, SB 30)ê

 

viaducts, and grade separations. Such plan may also include port, harbor, aviation, and related facilities.

      Transit Plan.  Showing a proposed system of transit lines, including rapid transit, street car, motor-coach, and trolley-coach lines and related facilities.

      Public Services and Facilities.  Showing general plans for sewage, drainage, and utilities, and rights-of-way, easements, and facilities therefor.

      Public Buildings.  Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      Community Design.  Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      Housing.  Survey of housing conditions and needs, and plans and procedure for improvement of housing standards and for provision of adequate housing.

      Economic Plan.  Showing recommended schedules for the allocation and expenditure of public funds in order to provide for the economical and timely execution of the various components of the plan.

      The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county, or region, and nothing contained in this act shall be deemed to prohibit the preparation and adoption of any such subject as a part of the master plan.

      The commission may prepare and adopt all or any part of the master plan or any subject thereof for all or any part of the city, county, or region; provided, however, that master regional plans shall be coordinated with similar plans of adjoining regions, and that master county and city plans within each region shall be coordinated so as to fit properly into the master plan for the region.

      Sec. 9.  The master plan may be in the form of maps, charts, drawings, diagrams, schedules, reports, ordinances, or other printed or published material, or any one or a combination of any of the foregoing.

      Sec. 10.  Before adopting the master plan or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission by one publication in a newspaper in each county within the regional district, at least ten days before the day of said hearing.

 

 

Transit plan

 

Public services and facilities

Public buildings

 

 

Community design

 

Housing

 

Economic plan

 

 

May adopt additional plans

 

 

 

All or part of master plan may be adopted

 

 

 

Form of master plan

 

 

 

Public hearing to be held


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

ê1941 Statutes of Nevada, Page 254 (CHAPTER 110, SB 30)ê

 

 

 

 

 

 

 

 

 

 

 

 

Changes in master plan; certification

 

 

 

 

 

Duties of governing body

hearing. The adoption of the master plan, or of any amendment, extension or addition thereof, shall be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to constitute said plan or any amendment, addition or extension thereof, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission. No plan or map, hereafter, shall have indicated thereon that it is a part of the master plan until it shall have been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension, or addition.

      An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county, or region shall be certified to the governing body of such city, county, or region. An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission shall be certified to the county planning commission and to the board of county commissioners of each county within the regional district.

      Sec. 11.  Upon receipt of a certified copy of the master plan, or of any part thereof, as adopted by the planning commission, the governing body may adopt such parts thereof as may practicably be applied to the development of the city, county, or region for a reasonable period of time next ensuing. Such parts shall thereupon be indorsed and certified as master plans thus adopted for the territory covered, and are hereby declared to be established to conserve and promote the public health, safety, and general welfare. Before adopting any such plan or part thereof, the governing body shall hold at least one public hearing hereon, notice of the time and place of which shall be published at least once in a newspaper of general circulation in the city or counties at least ten days before the day of such hearing. No change in or addition to the master plan or any part thereof, as adopted by the planning commission, shall be made by the governing body in adopting the same until the said proposed change or addition shall have been referred to the planning commission for a report thereon and an attested copy of such report shall have been filed with the governing body. Failure of the planning commission so to report within forty days, or such longer period as may be designated by the legislative body after such reference, shall be deemed to be approval of the proposed change or addition.


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

ê1941 Statutes of Nevada, Page 255 (CHAPTER 110, SB 30)ê

 

      Sec. 12.  Whenever the governing body of any city, county, or region shall have adopted a master plan, or one or more subjects matter thereof, for the city, county, or region, or for any major section or district thereof, no street, square, park, or other public way, ground, or open space shall be acquired by dedication or otherwise, except by bequest, and no street or public way shall be closed or abandoned, and no public building or structure shall be constructed or authorized in the area for which such master plan or one or more subjects matter thereof shall have been adopted by the governing body until the location, character, and extent thereof shall have been submitted to and shall have been approved by the planning commission. In case of disapproval thereof by the planning commission, the planning commission shall communicate its reasons to the governing body which may overrule such disapproval by a majority vote of its entire membership; provided, however, that if the authorization, acquisition, financing, or acceptance of such street, square, park, or other public way, ground, or open space, or the construction or authorization of such public building or structure be vested by law or charter provisions in some governmental body, commission, or board other than the governing body of such city, county, or region, then such governmental body, commission, or board having such jurisdiction shall first submit to the planning commission the location, character, and extent of such proposed public improvement for its approval. In the event that the planning commission shall disapprove the same, its disapproval may only be overruled by such other governmental body, board, or commission by a vote of not less than two-thirds of its entire membership. Failure of the commission to act upon such submission within forty days from and after the date of the official submission to the commission by the governing body or by such other governmental body, board, or commission shall be deemed approval by the planning commission.

      Sec. 13.  For any or all of the purposes of this act the governing body may divide the city, county, or region into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this act; and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land.

      Such regulations shall be made in accordance with the master plan for land use and shall be designed to lessen congestion in the streets; to secure safety from fire, panic, and other danger; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

Powers and duties of planning commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Districts created

 

 

 

Regulations for public welfare


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

ê1941 Statutes of Nevada, Page 256 (CHAPTER 110, SB 30)ê

 

 

 

 

 

 

 

Public hearing

 

 

 

 

 

 

 

 

Board of adjustment created

overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city, county, or region.

      Sec. 14.  The governing body shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in such city, county, or region.

      Sec. 15.  The governing body of any county or of any city which enacts zoning regulations under the authority of this act may provide by ordinance for a board of adjustment of three members and for the manner of appointment and compensation of such members. The members of the board of adjustment shall hold no other public office except that one of said members may also be a member of the planning commission. The governing body shall fix the terms of office of the members of the board of adjustment and said terms shall be so arranged that one will expire each year. Members may be removed for inefficiency, neglect of duty, or malfeasance of office after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

      Sec. 16.  Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of any zoning resolution or any resolution relating to the location or soundness of structures.


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

ê1941 Statutes of Nevada, Page 257 (CHAPTER 110, SB 30)ê

 

permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of any zoning resolution or any resolution relating to the location or soundness of structures. Appeals to the board of adjustment may be taken by any officer, department, board, or bureau of the city or county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of any zoning resolutions. The time within which such appeal must be made, and the form of other procedure, relating thereto, shall be as specified in the general rules provided by the governing body to govern the procedure of such board of adjustment in the supplemental rules of procedure adopted by such body.

      Sec. 17.  The board of adjustment shall have the following powers:

      (a) To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision, or refusal made by an administrative official or agency based on or made in the enforcement of any zoning resolution or any resolution relating to the location or soundness of structures.

      (b) To hear and decide, in accordance with the provisions of any such resolution, requests for special exceptions or variances, or for interpretation of any map, or for decisions upon other special questions upon which such board is authorized by any such resolution to pass.

      (c) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property the strict application of any regulation enacted under this act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.

      The unanimous concurring vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the appellant.

      Sec. 18.  Whenever a governing body shall have adopted a master plan of streets and highways for any area within its jurisdiction, then no plat of a subdivision of land within such territory or part thereof shall be recorded until it shall have been approved by the planning commission.

Appeals, how taken

 

 

 

 

 

 

 

 

 

 

Powers of board of adjustment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unanimous vote, when


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

ê1941 Statutes of Nevada, Page 258 (CHAPTER 110, SB 30)ê

 

New subdivision must be approved

 

Map must be filed

 

 

 

 

 

 

 

No sale or transfer until map recorded

 

 

 

Penalty, misdemeanor

 

 

 

 

 

 

 

 

 

 

 

What map to show

its jurisdiction, then no plat of a subdivision of land within such territory or part thereof shall be recorded until it shall have been approved by the planning commission.

      Sec. 19.  Whenever any subdivider proposes to subdivide any land within three miles of the exterior boundary of a city, which city has a planning commission, said subdivider shall file a tentative map of his proposed subdivision with the city planning commission. Said city planning commission shall have not to exceed 30 days’ time for action on said map and report to the governing body of the county in which said subdivision is situated. The governing body of said county shall take into consideration the report of said city planning commission before approving the final map of any subdivision within said three miles limit.

      Sec. 20.  It shall be unlawful for any person to offer to sell, to contract to sell, to sell, or to transfer any subdivision or any part thereof until the final map thereof in full compliance with the provisions of this act and any local ordinance has been duly recorded in the office of the recorder of the county in which any portion of said subdivision is located. Any offer to sell, contract to sell, sale, or transfer contrary to the provisions of this act shall be a misdemeanor, and any person, firm, or corporation, upon conviction thereof, shall be punishable by a fine of not less than twenty-five dollars and not more than five hundred dollars, or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which any aggrieved municipality or other political subdivision, or any person, firm, or corporation may otherwise be entitled, and any such municipality or other political subdivision or person, firm, or corporation may file a suit in the superior court of the county in which any property attempted to be subdivided or sold in violation of this act is located to restrain or enjoin any attempted or proposed subdivision or sale in violation of this act.

      Sec. 21.  The initial action in connection with the making of any subdivision shall be the preparation of a tentative map or maps which shall show, or be accompanied by, such data as are specified by the provisions hereof. The subdivider shall file copies of such map or maps with the planning commission or with the clerk of the governing body if there be no planning commission. If there is no planning commission, the clerk of the governing body shall submit the tentative map to said body at its next regular meeting. Said governing body shall act thereon within forty days after such submittal. If there is a planning commission, it shall report to the subdivider and to the governing body on the map or maps of any subdivision submitted to it within thirty days after the tentative map has been filed and said report shall approve, conditionally approve, or disapprove the map or maps of the subdivision.


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

ê1941 Statutes of Nevada, Page 259 (CHAPTER 110, SB 30)ê

 

days after the tentative map has been filed and said report shall approve, conditionally approve, or disapprove the map or maps of the subdivision. If conditionally approved or disapproved, the report shall state the conditions under which the map would have been approved. If the subdivider is dissatisfied with any action of the planning commission, he may, within fifteen days after such action, appeal from said action to the governing body which must hear the same, unless the subdivider consents to a continuance, within ten days or at its next succeeding regular meeting. Said governing body may by a majority vote of its members overrule any ruling of the planning commission in regard to said tentative map, and make such findings as are not inconsistent with the provisions of this act or local ordinance adopted pursuant thereto.

      Sec. 22.  The time limits for acting and reporting on maps as specified herein may be extended by mutual consent of the subdivider and the governing body or planning commission as the case may be. If no action is taken within the time limits hereinbefore set forth, the tentative map as filed shall be deemed to be approved, and it shall be the duty of the clerk of the governing body to certify such approval. The subdivider may within one year after approval or conditional approval of the tentative map or maps of a subdivision cause said subdivision, or any part thereof, to be surveyed and a final map thereof to be prepared in accordance with the tentative map as approved. Any failure so to record such final map within one year from the approval or conditional approval of the tentative map shall terminate all proceedings, and before such final map may thereafter be recorded, or any such sales be made, a new tentative map shall be submitted. No final map of a subdivision as defined herein shall be accepted by the county recorder for record unless all provisions of this act and of any local ordinance have been complied with. The recorder may have not more than ten days to examine the final map before accepting or refusing it for recordation.

      Sec. 23.  The enactment of local ordinances is hereby authorized. Such ordinances may prescribe detailed regulations which, in addition to the provisions of this act, would govern matters of improvements, mapping, accuracy, engineering, and related subjects, but shall not be in conflict with this act. In case there is a local ordinance, the subdivider shall comply with its provisions before the map or maps of a subdivision may be approved. In case there is no local ordinance, the governing body may, as a condition precedent to the approval of the map or maps of a subdivision, require streets and drainage ways properly located and improved and of an adequate width, but make no other requirements.

 

 

 

Dissatisfied party may appeal to governing board

 

 

 

 

Time limits for acting and reporting on maps

 

 

 

 

 

 

 

 

 

 

 

 

 

Local ordinances authorized


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

ê1941 Statutes of Nevada, Page 260 (CHAPTER 110, SB 30)ê

 

 

Governing body to approve map

 

 

 

 

 

 

 

 

Title to property to pass, when

 

 

 

 

Preparation of survey and final map

      Sec. 24.  Upon receipt of the final map and report of the planning commission, the governing body shall at its next meeting, or within a period of not more than ten days after such filing, approve said map if the same conforms to all the requirements of this act and of any local ordinance applicable at the time of approval of the tentative map, or any rulings made thereunder. Said body shall at that time also accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the subdivider either improve or agree to improve said streets or easements. In the event an agreement for the improvement of the streets or easements is entered into, the governing body may require that said agreement be secured by a good and sufficient bond in an amount not in excess of the cost of the improvement.

      Sec. 25.  Title to property accepted for streets and easements shall pass when the final map is duly recorded under the provisions of this act. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open said streets for public use, which acceptance shall be recorded in the office of the county recorder.

      Sec. 26.  The survey and final map shall be made by a civil engineer or surveyor who shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey; provided, however, that such monuments need not be set at the time the survey is made if a satisfactory assurance is given of their being set later. The final map shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth, but affidavits, certificates, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. The size of each sheet of said map shall be twenty-four by thirty-two inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch at the top, bottom, and right edges, and of two inches at the left edge along the thirty-two inch dimension. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The final map shall show all survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves.


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

ê1941 Statutes of Nevada, Page 261 (CHAPTER 110, SB 30)ê

 

such information as may be necessary to determine the location of the centers of curves. Each lot shall be numbered, and each block may be numbered or lettered. Each street shall be named. The exterior boundary of the land included within the subdivision shall be indicated by colored border. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The final map shall also satisfy any additional survey and map requirements of the local ordinance.

      Sec. 27.  Monuments required by section 26 of this act shall be of stone of not less than six inches smallest dimension and not less than twelve inches in length, with a cross chiseled to mark the point of reference, or of concrete of not less than six inches smallest dimension and not less than twelve inches in length, with the point of reference marked by a metal plug firmly set therein, and such monuments shall be firmly set with the tops not less than four inches below the surface of the ground or street.

      Sec. 28.  The following certificates and acknowledgments shall appear on the final map and may be combined where appropriate:

      (a) A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of said map. A lien for state, county, municipal, or local taxes and for special assessments or beneficial interest under trust deeds or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section. Any map including territory originally patented by the United States or the State of Nevada, under patent reserving interest to either or both of said entities, may be recorded under the provisions of this act without the consent of said United States or the State of Nevada thereto, or to dedications made thereon. Signatures required by this section of parties owning rights-of-way, easements, or reversions which by reason of changed conditions, long disuse, or laches appear to be no longer of practical use or value, and which signatures it is impossible or impracticable to obtain, may be omitted if the names of such parties and the nature of their interest is endorsed on the map, together with a reasonable statement of the circumstances preventing the procurement of such signatures.

      (b) A certificate, signed and acknowledged as above, offering for dedication for certain specified public uses (subject to such reservations as may be contained in any such offer of dedication) those certain parcels of land which said parties desire so to dedicate. Such certificate may state that any certain parcel or parcels are not offered for dedication; provided, however, that a local ordinance may require as a condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, their licensees, visitors, tenants, and servants.

 

 

 

 

 

 

 

Requirements for monuments

 

 

 

 

 

 

 

Interested parties to approve recording of map

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of dedication


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

ê1941 Statutes of Nevada, Page 262 (CHAPTER 110, SB 30)ê

 

 

 

 

 

Certificate of execution

 

 

 

Certificate of engineer or surveyor

 

 

 

 

Certificate of county surveyor

 

 

 

 

 

 

Rights of owners of land

 

 

 

Vacation and abandonment of streets

condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, their licensees, visitors, tenants, and servants.

      (c) A certificate for execution by the clerk of each approving governing body stating that said body approved said map and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

      (d) A certificate by the engineer or surveyor responsible for the survey and final map, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete as shown. Said certificate shall also state that the monuments are of the character and occupy the positions indicated, or that they will be set in such positions and at such time as is agreed upon under the provisions of section 26.

      (e) If a subdivision lies within an unincorporated area, a certificate by the county surveyor; and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of said city, stating that he has examined said final map, that the subdivision as shown thereon is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of this act and of any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that said map is technically correct.

      Sec. 29.  Any owner or owners of land that has been laid out and platted as hereinbefore provided, may, upon application to the city council of the city wherein said land is situated, or to the board of county commissioners of any county wherein said land is contained, have such plat, or any portion thereof, or any street therein contained abandoned or vacated, as hereinafter provided.

      Sec. 30.  Any person, firm, or corporation desiring the vacation or abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three freeholders who reside in the area affected by such proposed vacation and abandonment, with the governing body having jurisdiction. If there be a planning commission the governing body shall refer said petition to said planning commission which shall report thereon to the governing body as set forth in section 12 hereof. Whenever any streets are proposed to be vacated, the governing body shall cause said streets to be posted with a notice setting forth the extent of said proposed abandonment and setting a date for public hearing, which date shall be not less than thirty days and not more than forty days subsequent to the date of posting of the street.


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

ê1941 Statutes of Nevada, Page 263 (CHAPTER 110, SB 30)ê

 

hearing, which date shall be not less than thirty days and not more than forty days subsequent to the date of posting of the street. If upon public hearing the governing body is satisfied that the public will not be materially injured by such proposed vacation, it shall order such street to be vacated. Said order shall be recorded in the office of the county recorder, and upon such recordation title to such street shall revert to the abutting property owners. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of said street.

      Sec. 31.  Any person, firm, or corporation desiring to revert any subdivision or part thereof to acreage or to abandon any subdivision map or portion thereof shall cause a final map of said reversion or abandonment to be recorded in the office of the county recorder. Said final map shall contain the certificate set forth in section 28(a) hereof, and shall be presented to the governing body for approval. If said map includes the abandonment of any public streets, the provisions of section 30 hereof must be followed prior to the recordation of said map. Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a final map, no other provision of this act shall apply to a map made solely for the purpose of abandonment of a former map or for reversion of any subdivision to acreage.

      Sec. 32.  The county recorder shall collect a fee of five dollars for the recordation of any final map. Said fee shall be deposited in the general fund of the county wherein it is collected.

      Sec. 33.  Any county recorder who records a map contrary to the provisions of this act or of any local ordinance adopted pursuant hereto shall be deemed guilty of a misdemeanor.

      Sec. 34.  The governing body of any city or county may provide for the inspection of structures and the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose may establish and fill a position of county building inspector, and may fix the compensation attached to said position, or may authorize an administrative official of the city or county to assume the functions of such position in addition to his customary functions. Such governing body may also fix a reasonable schedule of fees for the issuance of such permits, and may adopt a building code specifying the design, soundness, and materials of structures and rules, ordinances and regulations for the enforcement of said code. From and after the establishment of the position of building inspector and the filling of the same, it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the territory covered by such building code or zoning regulations without obtaining a building permit from such building inspector, and such building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all building code and zoning regulations then in effect.

 

 

 

 

 

 

 

Reversion and abandonment, procedure

 

 

 

 

 

 

 

 

Fee for recording

 

 

Penalty false recording

 

 

County building inspector


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

ê1941 Statutes of Nevada, Page 264 (CHAPTER 110, SB 30)ê

 

 

 

 

 

 

Inspector may appoint employees

 

 

 

 

 

Severability

within the territory covered by such building code or zoning regulations without obtaining a building permit from such building inspector, and such building inspector shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all building code and zoning regulations then in effect.

      Sec. 35.  The building inspector may appoint such employees as he may deem necessary for the fulfillment of the duties of his position. The appointment, promotion, demotion, and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees in the city or county. The expenditures of the building inspector shall be within the amounts appropriated for the purpose by the governing body which may provide the funds, equipment, and accommodations necessary for the building inspector’s work.

      Sec. 36.  If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed each provision of this act irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases, or provisions be declared unconstitutional.

 

________

 

CHAPTER 111, SB 104

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of ballot

[Senate Bill No. 104–Committee on Elections]

 

Chap. 111–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917, together with the acts amendatory thereof and supplementary thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 36 of the above-entitled act, being section 2473 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:

      Section 36.  On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column.


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

ê1941 Statutes of Nevada, Page 265 (CHAPTER 111, SB 104)ê

 

names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice president of the United States shall be printed upon such ballots when such election shall be a presidential and vice presidential election, followed by the designation of their party, the names and party designation of such candidates for president and vice president of each party to be placed directly above those of the candidates for presidential electors of the same party and separated therefrom by a light-faced rule and with a square for marking after the names of such candidates for president and vice president. Beneath the name of each of the candidates for vice president in each party group, in light-faced type, not larger than six-point, shall appear the words:  To vote for all of the electors of a party stamp a cross (X) in the square opposite the names and party designation of the presidential and vice presidential candidates of that party. A cross (X) stamped in the square opposite the names of the presidential and vice presidential candidates of a party is a vote for all of the electors of that party, but for no other candidates; provided, however, that nothing in this act shall be construed to permit the rejection of any ballot because a voter has marked a cross (X) after the name or names of candidates for presidential electors or either or any of them, not exceeding three such candidates, though no space has been provided on said ballot for such mark; and provided further, that in the event of such latter marking, and either a marking or no marking after the names of the candidates for president and vice president and their party designation, such ballot shall be construed to have been cast for the candidates for electors opposite whose names and party designation such mark has been placed, and shall be so counted and tallied.

      The names of the candidates for each office shall be arranged on the ballot under the designation of the office, in alphabetical order, according to the surname of such candidates, except that the names of candidates for presidential and vice presidential electors shall be arranged in party groups with their party designation, and alphabetically in such groups according to their surnames, each group to be placed beneath the name of the vice presidential candidate of such party group; the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name; and as to candidates for judicial offices and school offices the names of the candidates shall also be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word “Nonpartisan” shall be placed after the name of each such candidate.

 

 

 

 

 

Presidential election

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

 

Arrangement of names of candidates


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

ê1941 Statutes of Nevada, Page 266 (CHAPTER 111, SB 104)ê

 

 

 

 

 

 

 

 

 

 

When question submitted

 

 

 

 

 

 

 

 

Number to be voted for

 

 

 

 

Procedure upon receiving ballot

and school offices, shall be printed opposite his name; and as to candidates for judicial offices and school offices the names of the candidates shall also be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word “Nonpartisan” shall be placed after the name of each such candidate. There shall be a square at the right-hand side of the name and party or nonpartisan designation of each candidate, except candidates for the office of presidential and vice presidential electors, at least one-half inch square, so that the voters may clearly indicate in the way hereinafter prescribed the candidate or candidates for whom they wish to vote.

      Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote “Yes” or “No” upon the question submitted in the manner hereinafter provided, and the words “Yes” and “No” separated by a light-faced rule and with a square after each thereof of the size hereinbefore prescribed shall be printed upon the ballot after each question, with a brief statement of the purport of such question, in plain ordinary language which may be readily understood by the ordinary lay person. Before every question or constitutional amendment to be voted upon there shall be placed a number, to be designated by the secretary of state, in bold-face type, not smaller than twenty-four point.

      There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as “Vote for not more than one,” “Vote for not more than three,” and the like.

      Sec. 2.  Section 42 of the above-entitled act, being section 2480 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 42.  On receiving his ballot the voter shall immediately retire alone to one of the places, booths, or compartments. He shall prepare his ballot by stamping a cross or X in the square, and in no other place, after the name of the person for whom he intends to vote for each office, except as provided and allowed in section 36 of this act with respect to the manner of voting for president and vice presidential electors. In case of a constitutional amendment or other question submitted to the voters, the cross or X shall be placed in the square after the answer which he desires to give. Such stamping shall be done with a stamp in black ink, which stamp, ink, and ink-pad shall be furnished in sufficient number by the county clerk for each election precinct in the county. Before leaving the booth or compartment the voter shall fold his ballot in such manner that the water-mark and the number of the ballot shall appear on the outside, without exposing the stamps upon the ballot, and shall keep it so folded until he has voted.


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

ê1941 Statutes of Nevada, Page 267 (CHAPTER 111, SB 104)ê

 

ballot, and shall keep it so folded until he has voted. Having folded his ballot, the voter shall deliver it to the inspector, who shall announce the name of the voter and the number of his ballot. The clerk having the registry list in charge, if he finds the number to agree with the number of the ballot delivered to the voter, shall repeat the name and number, and shall mark opposite the name the word “Voted.” The inspector shall then separate the strip bearing the number from the ballot, and shall deposit the ballot in the ballot-box. Said strip and number shall immediately be destroyed.

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

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

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 112, SB 113

[Senate Bill No. 113–Senator Russell]

 

Chap. 112–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing, authorizing the establishment, control, and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 66 of the above-entitled act, being section 3100 N. C. L. 1929, is hereby amended to read as follows:

      Section 66.  It shall be unlawful to hunt deer at any time during the year other than during such thirty-(30) day period, to be known as the open season, between October 1 and November 15 of each year, as may hereafter be designated for the respective counties by the board of fish and game commissioners, under the provisions of this act; provided, that there shall not be any open season on deer without horns, or “spiked buck,” or male deer with unbranched horns or antlers, and that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure, or destroy more than one deer with branched horns, except under conditions prescribed by the fish and game commissioners as provided in the above section; provided further, that the open season for deer in district No.

 


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

ê1941 Statutes of Nevada, Page 268 (CHAPTER 112, SB 113)ê

 

Season for hunting deer

 

 

 

 

 

 

 

Exception

 

 

Special committee may recommend the taking of one doe

 

 

 

 

 

 

 

Repeal

 

In effect

period, to be known as the open season, between October 1 and November 15 of each year, as may hereafter be designated for the respective counties by the board of fish and game commissioners, under the provisions of this act; provided, that there shall not be any open season on deer without horns, or “spiked buck,” or male deer with unbranched horns or antlers, and that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure, or destroy more than one deer with branched horns, except under conditions prescribed by the fish and game commissioners as provided in the above section; provided further, that the open season for deer in district No. 1 shall extend between October 1 and December 31 of each year; provided, that the county commissioners of any county in the state, upon the application of any person, persons, organization, or governmental department, may appoint a committee of one each, sportsmen, livestock, U. S. forest service, game management division, fish and wild life service and Taylor grazing division, to consider the advisability of opening hunting season on does in any district or specified portion of such county; and whenever in the judgment of said committee it appears that a limited reduction in the number of does is necessary for the protection to the ranges or watersheds of the particular area affected said committee shall make appropriate recommendations to the state fish and game commission, which commission is hereby authorized to permit licensed hunters to take not in excess of one (1) doe during the open season under such rules and regulations as said commission may prescribe.

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

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

 

________

 

CHAPTER 113, SB 92

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 92–Senator Heidtman]

 

Chap. 113–An Act providing an appropriation for the support and maintenance of the Nevada state historical society for the years 1941 and 1942.

 

[Approved March 28, 1941]

 

      Whereas, The Nevada state historical society, trustee of the State of Nevada since 1907, has a large and valuable collection of books, pamphlets, maps, charts, manuscripts, photographs, newspapers, Indian and pioneer relics pertaining to the history of Nevada which are being used daily by researchers and others; and


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

ê1941 Statutes of Nevada, Page 269 (CHAPTER 113, SB 92)ê

 

      Whereas, W. P. A. assistance for the renovation and care of this collection cannot be obtained beyond the present federal grant; and

      Whereas, The present housing facilities in the Washoe County library building have been outgrown and the collection must needs be moved into larger quarters where water, light, and heat will no longer be furnished by Washoe County; and

      Whereas, There is urgent necessity that these research materials be kept near to our state center of learning and that increased activity in collection, publication, and coordination of state historical activities be made possible through this state institution; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated for the support and maintenance of the Nevada state historical society of the State of Nevada, situated in Reno, Washoe County, Nevada, the sum of eight thousand dollars ($8,000) for the biennium ending June 30, 1943.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrants upon vouchers and certifications for the support and maintenance of said Nevada state historical society, from the president and secretary of said Nevada state historical society, as the same may be presented in the sum not to exceed eight thousand dollars ($8,000) for the biennium ending June 30, 1943, and the treasurer of the State of Nevada is hereby directed to pay the same.

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

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $8,000

 

 

 

Duties of controller and treasurer

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1941 Statutes of Nevada, Page 270ê

CHAPTER 114, SB 126

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fishing season in Humboldt river

 

 

 

 

 

In effect

[Senate Bill No. 126–Senator Kofoed]

 

Chap. 114–An Act to amend an act entitled “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with all acts amendatory thereof or supplementary thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 28 of the above-entitled act, being section 3062 N. C. L. 1929, as amended by chapter 124 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 28.  It shall be unlawful for any person to fish in or from any of the waters of the Humboldt river within said district No. 4 except between the first day of May and the thirty-first day of October of the same year, both dates included, or in or from any of the waters of any other streams within said district No. 4, or in or from any of the waters in districts No. 3, No. 6, between the first day of October and the first day of May following, except that it shall also be unlawful for any person to fish in or from any of the waters of the Humboldt river within said district No. 3 between the fifteenth day of October and the first day of May following.

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

 

________

 

 


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

ê1941 Statutes of Nevada, Page 271ê

CHAPTER 115, SB 51

[Senate Bill No. 51–Senator Winters]

 

Chap. 115–An Act making an appropriation for the purpose of assisting the Nevada museum and art institution to carry out the purposes of the act establishing and creating a museum and art institution for the years 1941 and 1942.

 

[Approved March 28, 1941]

 

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 eight thousand dollars ($8,000) for the biennium ending June 30, 1943, for the purpose of assisting to carry out the purposes and provisions of the Nevada museum and art institution, established and created by chapter 159 Statutes of Nevada 1939, page 238.

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

 

 

 

 

 

 

 

 

 

 

 

Appropriation for Nevada museum

 

 

 

In effect

 

________

 

CHAPTER 116, SB 115

[Senate Bill No. 115–Committee on Ways and Means]

 

Chap. 116–An Act creating the state board of control repair fund for the repair and the keeping in repair the state capitol building, the supreme court and library building, the governor’s mansion, the state printing office building, and the state water system, providing an annual tax to maintain such fund, and other matters properly relating thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created in the state treasury a “State Board of Control Repair Fund” to be used by the state board of control in the repair of and the keeping in repair the state capitol building, the supreme court and library building, the governor’s mansion, the state printing office building, and the state water system. The state board of control is hereby authorized and directed to administer said fund and from time to time cause the necessary repairs to said buildings and said water system to be made. All claims for such repairs shall be submitted to the state board of examiners and paid as other claims against the state are paid; provided, that any repairs to any of said buildings or water system, the estimated cost of which shall exceed five hundred dollars, the board shall advertise for bids thereon and award the contract therefor to the lowest and best bidder.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repairs to state buildings and water system

 

 

 

 

Advertise for bids, when


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

ê1941 Statutes of Nevada, Page 272 (CHAPTER 116, SB 115)ê

 

 

 

 

Duties of treasurer

 

 

 

 

 

 

 

Ad valorem tax authorized

 

 

 

 

In effect

and award the contract therefor to the lowest and best bidder. Such advertisement or notice to bidders shall be published in a newspaper of general circulation in the state for a period of two weeks.

      Sec. 2.  The state treasurer is hereby authorized and directed on July 1, 1941, to transfer from the general fund of the state to the state board of control repair fund the sum of ten thousand ($10,000) dollars, and for the calendar year 1941 there is hereby levied and directed to be collected an ad valorem tax of one-half cent (1/2¢) upon each $100 of all the taxable property in the state, including the net proceeds of mines and mining claims, which said tax when collected shall be paid into the state treasury and deposited in the general fund as repayment of the said ten thousand ($10,000) dollars so transferred.

      Sec. 3.  For the purpose of maintaining the state board of control repair fund there shall be levied and collected for the year commencing January 1, 1942, and each year thereafter an ad valorem tax of not to exceed one-half cent (1/2¢) on each $100 of all taxable property in the state, including the net proceeds of mines and mining claims, which said tax when collected shall be paid into the state treasury and deposited in the state board of control repair fund.

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

 

________

 

CHAPTER 117, SB 116

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pension fund for employees city of Reno

[Senate Bill No. 116–Senator Heidtman]

 

Chap. 117–An Act to amend an act entitled “An act to incorporate the town of Reno, and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and as amended from time to time thereafter, by amending section 10k of article XII.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

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

      Section 10k.  The city council of the city of Reno may provide by ordinance for a pension fund for the payment of pensions to elective and appointive officers and employees of the city of Reno who have been in the service or employ of said municipal government for a period of twenty-five (25) years, or who have been in the service or employ of said municipal government for a period of twenty (20) years, if said officer or employee has reached the age of sixty (60) years, and is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed five (5%) percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that all persons desiring to avail themselves of the benefits of this section shall pay to the city five (5%) percent of their monthly salaries, but if any person paying such percentage of his salary to the city is discharged from his employ without cause, or if he resigns therefrom, or in case of an appointive officer if he be not reappointed upon the expiration of his term of office, or in case of an elective officer if he be not reelected upon the expiration of his term of office, he shall be entitled to withdraw from such pension fund the amount he has paid thereinto; provided, that if the money so set aside for said fund is greater than the amount necessary and is not disbursed for said purpose, it may be invested in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any officer or employee by said ordinance shall not exceed fifty (50%) percent of the average amount of the monthly wages or salary which said officer or employee had been paid during the five years next preceding the time said officer or employee is pensioned.


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

ê1941 Statutes of Nevada, Page 273 (CHAPTER 117, SB 116)ê

 

years, and is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed five (5%) percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that all persons desiring to avail themselves of the benefits of this section shall pay to the city five (5%) percent of their monthly salaries, but if any person paying such percentage of his salary to the city is discharged from his employ without cause, or if he resigns therefrom, or in case of an appointive officer if he be not reappointed upon the expiration of his term of office, or in case of an elective officer if he be not reelected upon the expiration of his term of office, he shall be entitled to withdraw from such pension fund the amount he has paid thereinto; provided, that if the money so set aside for said fund is greater than the amount necessary and is not disbursed for said purpose, it may be invested in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any officer or employee by said ordinance shall not exceed fifty (50%) percent of the average amount of the monthly wages or salary which said officer or employee had been paid during the five years next preceding the time said officer or employee is pensioned.

 

 

 

 

 

 

 

 

 

 

 

 

 

Fifty percent average wage

 

________

 

CHAPTER 118, SB 130

[Senate Bill No. 130–Committee on State Claims]

 

Chap. 118–An Act providing for the appropriation for the compensation of certain persons for services rendered to the fortieth session of the Nevada legislature.

 

[Approved March 28, 1941]

 

      Whereas, During the present session of the legislature the clergy of the city of Carson, representing the three denominations, have rendered daily religious services to the legislature; and

      Whereas, A reasonable compensation for such services is the sum of six hundred ($600) dollars; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the clergy for religious services rendered to the legislature during the present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

Payment of clergy


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

ê1941 Statutes of Nevada, Page 274 (CHAPTER 118, SB 130)ê

 

Duties of controller and treasurer

 

 

 

 

In effect

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the following - named persons, for the respective amounts set opposite their names, as compensation for religious services during the fortieth session of the legislature, to wit:  Rev. John L. Harvey, $200; Rev. A. S. Kean, $200; Monsignor H. J. Wientjes, $200; and the state treasurer is hereby authorized and required to pay the same.

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

 

________

 

CHAPTER 119, Senate Substitute for Senate Bill No. 68

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation relief city of Yerington

 

 

 

In effect

[Senate Substitute for Senate Bill No. 68–Lyon County Delegation]

 

Chap. 119–An Act for the relief of the city of Yerington, a municipal corporation.

 

[Approved March 28, 1941]

 

      Whereas, The city of Yerington, a municipal corporation, engaged in the grading and surfacing of the streets of said city of Yerington in cooperation with the works progress administration; and

      Whereas, During the course of said street improvement project it became necessary for the city of Yerington to open a gravel pit upon the public domain for the supplying of material for said project; and

      Whereas, Gasoline motor equipment and machinery was continuously used in and about such gravel pit during the course of the project; and

      Whereas, None of the gasoline so used was used to propel motor vehicles on the highways of the State of Nevada; and

      Whereas, The city of Yerington, a municipal corporation, under the provisions of the “Motor Vehicle Tax Act of 1935,” approved March 21, 1935, as amended, is entitled to a refund on the amount of gasoline so consumed; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four hundred twenty-six dollars and twelve ($426.12) cents is hereby appropriated from the highway fund of the State of Nevada in payment of the claim of the city of Yerington, a municipal corporation, for a gas tax refund, and the state controller is hereby directed to draw his warrant in favor of the city of Yerington for said amount, and the state treasurer is directed to pay the same from said appropriation.

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

 

________

 

 


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

ê1941 Statutes of Nevada, Page 275ê

CHAPTER 120, SB 87

[Senate Bill No. 87–Senator Grant]

 

Chap. 120–An Act to amend section 1 of an act entitled “An act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith,” approved March 3, 1931, as amended March 25, 1931.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  From and after February 1, 1941, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered.

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

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

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of three thousand dollars ($3,000) per annum.

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

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

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

      The county recorder and auditor shall receive a salary of three thousand dollars ($3,000) per annum.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries officers of Clark County

 

Sheriff

 

 

Expenses, deputy

 

 

 

 

 

County clerk

 

 

Assessor

 

District attorney

 

Treasurer

 

Recorder

 

Commissioners


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

ê1941 Statutes of Nevada, Page 276 (CHAPTER 120, SB 87)ê

 

 

Repeal

 

In effect

as may be prescribed by the board of county commissioners.

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

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

 

________

 

CHAPTER 121, SB 110

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tampering with railroad property misdemeanor

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 110–Senator Lattin]

 

Chap. 121–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 484 of the above-entitled act, being section 10431 N. C. L. 1929, is hereby amended to read as follows:

      Section 484.  If any person or persons shall without authority willfully uncouple or detach any locomotive or tender or any car of any railroad train, either when standing or in motion on any track of any railroad, or shall without authority take off the brake of any railroad car, tender, or train, or shall put in motion any locomotive, tender, car, or train without authority, or shall throw any stone, rock, missile, or any substance at any railroad train, car, locomotive, or tender, or any part of any train, or any motor bus or truck or other motor vehicle, or shall discharge any gun, pistol, or any other firearm at any train, car, locomotive, or tender, or any motor bus or truck or other motor vehicle, or shall wrongfully injure, deface, or damage the same, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding ninety (90) days, or both.

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

 

________

 

 


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

ê1941 Statutes of Nevada, Page 277ê

CHAPTER 122, SB 122

[Senate Bill No. 122–Committee on Fish and Game]

 

Chap. 122–An Act relating to and providing for the licensing of fur dealers and their agents within the State of Nevada; providing for the keeping of certain records of furs received and sold and other information; and providing penalties for violation thereof.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person or persons, firm, company or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading or dealing, within the State of Nevada, in the skins or pelts of any animals or animal, designated by the laws of Nevada as fur-bearing or predatory animals, shall be deemed a fur dealer within the meaning of this act. If such dealer resides in, or if his or its principal place of business is within the State of Nevada, he or it shall be deemed a resident fur dealer. All other fur dealers shall be deemed nonresident fur dealers.

      Every fur dealer shall keep a book in which shall be recorded separately the date of each transaction and the following facts:

      The number and kind of all skins and pelts purchased or sold by such fur dealer.

      The place where such skins or furs were killed or trapped, and a separate record of all such skins or pelts as were killed or trapped outside the State of Nevada.

      The trapping license number under which such furs or pelts were taken in instances where a trapper’s license is required for the taking thereof.

      The names and addresses of the persons to whom such skins or pelts were sold or from whom they were purchased.

      Said book shall be open at all reasonable times to the inspection of any member of the fish and game commission, members of the Nevada state police, every fish or game warden throughout the state, and every sheriff and constable in his respective county, and shall be preserved and accessible for one year after the expiration of any license granted to said fur dealer.

      Sec. 2.  All fur dealers as defined in this act shall before buying, selling or in any manner dealing in the skins or pelts of any fur-bearing or predatory animal within the State of Nevada secure a fur dealer’s license from the state fish and game commission; provided, that no license shall be required for a hunter or trapper selling skins or pelts which he has lawfully taken, nor for any person not a fur dealer who purchased any skins or pelts exclusively for his own use and not for sale.

 

 

 

 

 

 

 

 

 

 

 

 

Fur dealers defined

 

 

 

 

 

 

Must keep record

 

 

 

 

 

 

 

 

Record open to inspection

 

 

 

Must procure license


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

ê1941 Statutes of Nevada, Page 278 (CHAPTER 122, SB 122)ê

 

Licenses

 

 

 

Fees for licenses

 

 

 

Agent defined

 

Agent’s license

 

 

Annual license

 

 

Disposition of funds

 

Penalties for violation

 

 

 

 

Repeal

 

In effect

      Sec. 3.  The following classes of licenses shall be issued, to wit:

      Resident fur dealer’s license;

      Nonresident fur dealer’s license;

      Fur dealer’s agent’s license;

and the following charged therefor:

      Resident fur dealer’s license, one dollar ($1).

      Nonresident fur dealer’s license, twenty-five dollars, ($25).

      Fur dealer’s agent’s license, ten dollars ($10).

      Sec. 4.  Any person who is employed or designated by a resident or nonresident fur dealer as a fur buyer shall be deemed a fur dealer’s agent.

      Application for a fur dealer’s agent’s license must be made by the fur dealer employing said agent, and no agent’s license shall be issued until the necessary fur dealer’s license has been first secured by the employer of said agent.

      Sec. 5.  The licenses required by this act shall be issued annually and shall expire on December 31st of each year, and no reduction in the fee charged for said license shall be made in any case where said license runs for less than one year.

      Sec. 6.  All funds derived from the sale of said licenses shall be forwarded to the state treasurer to be credited to the state fish and game fund.

      Sec. 7.  Every person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period of not less than twenty-five days nor more than six months, or by both such fine and imprisonment.

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

      Sec. 9.  This act shall take effect and be in force immediately after its passage and approval.

 

________

 

 


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

ê1941 Statutes of Nevada, Page 279ê

CHAPTER 123, SB 118

[Senate Bill No. 118–Senator Tallman]

 

Chap. 123–An Act to amend section 17 of chapter 151 Statutes of 1937 of an act entitled “An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘Motor Vehicle Fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931, as amended, approved March 25, 1933, as amended, approved March 30, 1935, as amended, approved March 24, 1937.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act is hereby amended to read as follows:

      Section 17.  (a) A nonresident owner of a motor vehicle, except as otherwise provided in this section, owning any motor vehicle which has been duly registered for the current year in the state, country, or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without the payment of any fees to the state; provided, that the nonresident owner of such vehicle shall, within five days after commencing to operate or causing or permitting it to be operated within this state, apply to the department, or a duly appointed assistant, for the registration thereof on an appropriate official form, stating therein the name and home address of the owner and the temporary address, if any, of the owner while within this state, the registration number of said vehicle assigned thereto in the state or country in which the owner is a resident, together with such description of the motor vehicle as may be called for in the form, and such other declaration of facts as may be required by the department; provided, nothing in this section shall be construed to permit the use of manufacturers’ or dealers’ license plates issued by any state or country by any such nonresident in the operation of any motor vehicle on the public highways of this state; provided further, a nonresident owner of a vehicle of a type subject to registration in this state who, while residing in this state, accepts gainful employment within this state shall for the purposes of and subject to the provisions of this act be considered a resident of this state and pay such registration fees as provided for in this act; provided further, nothing in this subparagraph shall be construed to require registration of motor vehicles operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Operation of vehicles by nonresident


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

ê1941 Statutes of Nevada, Page 280 (CHAPTER 123, SB 118)ê

 

Operation of vehicles by nonresident

 

 

 

 

 

 

 

 

 

 

 

Nonresidents in carrier service

 

 

 

 

 

 

 

 

 

 

Must display license plates

with such description of the motor vehicle as may be called for in the form, and such other declaration of facts as may be required by the department; provided, nothing in this section shall be construed to permit the use of manufacturers’ or dealers’ license plates issued by any state or country by any such nonresident in the operation of any motor vehicle on the public highways of this state; provided further, a nonresident owner of a vehicle of a type subject to registration in this state who, while residing in this state, accepts gainful employment within this state shall for the purposes of and subject to the provisions of this act be considered a resident of this state and pay such registration fees as provided for in this act; provided further, nothing in this subparagraph shall be construed to require registration of motor vehicles operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.

      (b) All nonresident owners or operators of motor vehicles operating such vehicles on the public highways of this state as common motor carriers of persons and/or property, contract motor carriers of persons and/or property or private motor carriers of property, as the same are now or may hereafter be defined in the laws of this state relating thereto, shall be governed by and pay the fees required by the provisions of such laws with respect to the operation of such motor vehicles in any of such carrier services; provided, all such nonresident owners or operators of such motor vehicles may, upon compliance with the provisions of subparagraph “(a)” of this section, operate said motor vehicles upon the public highways of this state without obtaining the registration license and license plates and paying the fees required by the provisions of this act upon the following conditions:

      1.  That each said motor vehicle shall be registered, licensed, and have attached thereto the license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of such motor vehicle resides or maintains his principal place of business, wherein said motor vehicle is registered for such year and which said registration plates shall be displayed on said motor vehicle during all of the time operated in this state.

      2.  That the laws of the state or country of the said residence or principal place of business of the owner of such motor vehicle do not require the registration of the motor vehicles and payment of fees therefor from residents of this state engaging in like carrier services in the state or country of the residence or principal place of business of said nonresident owner wherein such motor vehicle is registered.


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

ê1941 Statutes of Nevada, Page 281 (CHAPTER 123, SB 118)ê

 

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

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

Repeal

In effect

 

________

 

CHAPTER 124, SB 50

[Senate Bill No. 50–Senator Wittenberg]

 

Chap. 124–An Act authorizing supervising boards of county hospitals to admit pay patients to county hospitals, providing for the fixing and payment of charges and fees of such patients, and other matters relating thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the supervising boards of county hospitals now and hereafter established in any of the counties of this state are hereby authorized and directed to admit to such county hospital such sick or injured persons as such board may deem proper, and require the payment of reasonable charges and fees therefor; provided, the admission of such persons shall not be permitted to interfere with the admission, care and treatment of purely charitable cases.

      Sec. 2.  Every person admitted to a county hospital, as in this act provided, and required to pay charges and fees for hospitalization, shall pay the charges and fees fixed by the said supervising board therefor, which said charges and fees, when paid, shall be forthwith paid into the county treasury and deposited to the credit of said hospital fund.

      Sec. 3.  Every person admitted to a county hospital and required to pay charges and fees thereto shall have the right to the services of a physician or surgeon of his or her own choosing, and to employ such special nurse or nurses as may be necessary; provided, the cost of said physician, surgeon or nurses shall never become a claim against the county.

      Sec. 4.  Said supervising boards are hereby authorized and directed to fix and determine just and reasonable charges and fees to be paid by sick and injured persons admitted to county hospitals as in this act provided, which said charges and fees shall include the board and lodging of the person and the customary use of hospital facilities by the person admitted.

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

 

 

 

 

 

 

 

 

 

 

 

County hospitals to admit pay patients

 

 

 

 

 

Disposition of fees

 

 

 

 

Rights of patients

 

 

 

 

Reasonable charges to be fixed

 

 

In effect

 

________

 

 


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

ê1941 Statutes of Nevada, Page 282ê

CHAPTER 125, SB 37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for new cell house, $265,000

[Senate Bill No. 37–Committee on State Prison]

 

Chap. 125–An Act to provide for the construction, equipment and furnishing of a new building at the Nevada state prison to be used as a cell block and for the care and housing of prisoners confined in Nevada state prison, and for other purposes, and for additions to and improvements of certain other buildings at said state prison, and for remodeling, repairing, reconditioning and furnishing said buildings, and to provide for the work and materials incident thereto and to pay for the same; defining the duties of the state board of prison 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 28, 1941]

 

      Whereas, The Nevada state prison has been greatly overcrowded for several years and it is impossible, therefore, to properly segregate the young prisoners and first offenders from the older prisoners who have been convicted of the more serious felonies or of more than one felony, and said crowded condition makes it impossible to have proper ventilation and sanitation without at least one additional building and the facilities and equipment for it; and the number of prisoners confined there has increased and is constantly increasing so that the state board of pardons and paroles is constantly faced at each session thereof with the necessity of greatly reducing the number of prisoners confined at the state prison and pressure is thereby brought upon said board to turn out as many as is reasonably possible, and it is necessary that this be done, in order to make room for the new prisoners who are sure to come to the prison; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Provision is hereby made for the construction, equipment, and furnishing of a new building at the Nevada state prison to be used as a cell block and for the care and housing of prisoners confined in Nevada state prison and for other purposes, and for additions to and improvements of certain other buildings at said state prison, and the remodeling, repairing, reconditioning, and furnishing of said buildings, and to provide for the work and materials incident thereto and for the payment of the same, at an estimated cost of two hundred sixty-five thousand ($265,000) dollars, more adequately to care for and house the prisoners confined in said state prison and the guards and other employees housed and/or fed at said state prison, and to relieve the crowded and cramped conditions in said state prison and render said housing facilities there more sanitary, and to provide heating, lighting, and plumbing facilities for said new building and for the repair and improvement of such facilities for the other building or buildings at said state prison needing the same.


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

ê1941 Statutes of Nevada, Page 283 (CHAPTER 125, SB 37)ê

 

and cramped conditions in said state prison and render said housing facilities there more sanitary, and to provide heating, lighting, and plumbing facilities for said new building and for the repair and improvement of such facilities for the other building or buildings at said state prison needing the same.

      The said state board of prison commissioners is hereby charged with the duty of carrying out the provisions of this act.

      Sec. 2.  The costs and expenses of said construction, additions, improvements, repairs, equipment, facilities, and furniture, and of the work and materials provided for in section 1 of this act shall not exceed the sum of two hundred sixty-five thousand ($265,000) dollars. Said board of prison commissioners, on or before the first day of June 1941 shall employ a competent architect to prepare and submit plans and specifications therefor to said board and, when said plans and specifications are approved by that board, said board shall, immediately after its approval of said plans and specifications, advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada, to be selected by said board, for sealed bids for said construction, additions, improvements, repairs, reconditioning, equipment, furnishings, plumbing, heat and light, and materials provided for herein, and for the work and labor incident thereto which it is necessary to employ, all in accordance with said plans and specifications so approved, and the modifications thereof found necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time to be stated in said advertisement for inspection of contractors desiring to bid thereon, and for others interested in the matter. Said board may so advertise for sealed bids on either the whole or on a part, or on parts of such construction, additions, improvements, repairs, reconditioning, furnishings, materials and other work, and may let one contract for the whole thereof, or separate contracts for different and separate portions thereof, at their discretion, to the lowest responsible bidder therefor. Said board shall let the contract or contracts herein authorized to be done to the lowest and best bidder or bidders therefor; provided, that any and all bids may, for a good reason, be rejected.

      Sec. 3.  The said board of prison commissioners shall pay the compensation of the architect herein provided for at the time of acceptance of the plans and specifications prepared and presented to it by said architect, in full or in part, as provided for in the agreement between said board and architect for the preparation and presentation of said plans and specifications; and the said board shall also provide in the contract or contracts so made and entered into for said construction and other work for the times and amounts of progress payments on said contract as the work progresses, but retain such stated portion of the contract price theretofore earned under said contract as said board shall deem reasonable to protect the state until the completion and acceptance of the work by said board.

 

 

 

 

Enforcement of act

 

Cost limitation; architect to be employed

 

 

 

 

 

 

 

 

 

 

 

 

Advertise for bids

 

 

 

 

 

 

 

Progress payments provided for


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

ê1941 Statutes of Nevada, Page 284 (CHAPTER 125, SB 37)ê

 

 

 

 

 

 

 

 

 

 

 

Bonds to be issued

 

 

 

Denomination of bonds

 

 

 

 

 

Three percent interest

 

 

 

 

Disposal of bonds

 

 

 

 

 

 

Bonds sold at public or private sale

construction and other work for the times and amounts of progress payments on said contract as the work progresses, but retain such stated portion of the contract price theretofore earned under said contract as said board shall deem reasonable to protect the state until the completion and acceptance of the work by said board. Good and sufficient bond to protect the state shall be required by the board from all such contractors. All bills for the employment of an architect and for the work herein provided for shall be paid out of the state prison building fund in the state treasury, herein provided for, upon claims approved by said state board of prison commissioners, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are allowed and paid.

      Sec. 4.  To provide said state prison building fund in the state treasury, the governor, secretary of state and attorney-general of the State of Nevada are hereby constituted a commission and are hereby authorized and directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed two hundred sixty-five thousand ($265,000) dollars. Said bonds shall be in denominations of five thousand ($5,000) dollars each, payable in legal tender of the United States, and shall be numbered serially, and when retired shall be retired in the order of their issuance. Such bonds shall be signed by the governor and endorsed by the secretary of state and attorney-general, countersigned by the state controller and authenticated by the great seal of the State of Nevada. Said bonds shall bear interest at the rate of not more than three (3%) percent per annum, said rate of interest to be fixed by said state board of prison commissioners, payable semiannually, that is to say, on the first day of January and the first day of July of each year, the first payment thereof to be on the first day of January 1942; and said bonds shall be redeemed and paid within twenty (20) years from the date of issuance.

      Sec. 5.  Upon the issuance and execution of said bonds, the same shall be sold and delivered to the state permanent school fund, teachers’ retirement fund, university ninety-thousand-acre grant fund, the university seventy-two-section grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds as moneys may be available in the state treasury in said bonds, or either or any of them, without advertising said bonds for sale or calling for bids thereon.

      If such money be not available in any or all of said funds, the bonds herein provided for may be sold as needed for the purposes herein stated at public or private sale as said board may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the state prison building fund, and shall be so issued and sold only as and when needed.


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

ê1941 Statutes of Nevada, Page 285 (CHAPTER 125, SB 37)ê

 

shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the state prison building fund, and shall be so issued and sold only as and when needed. At least one (1) of said bonds of five thousand ($5,000) dollars each shall be redeemed on each of said interest-paying dates for the payment of such interest, as provided herein, and to be specified in said bonds for the payment of said interest, commencing on January 1, 1943; provided, all said bonds shall be redeemed and paid within twenty (20) years from the date of issuance.

      Sec. 6.  There shall be levied annually an ad valorem tax of not less than nine ($0.009) mills on each one hundred ($100) dollars of the taxable property of the State of Nevada, including the net proceeds of mines; and all moneys derived therefrom shall be paid into the state prison building fund in the state treasury for the payment of the interest on and redemption of said bonds, which fund is hereby created, and shall be used for the purpose of paying interest at annual redemption of the bonds authorized by this act. If, after payment of interest on the number of bonds as herein provided for, there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided for in this act to the amount of such surplus.

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

 

 

 

 

 

 

 

Ad valorem sale, when tax for payment of bonds

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 126, SB 48

[Senate Bill No. 48–Committee on Public Highways]

 

Chap. 126–An Act to amend section 8 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, together with acts amendatory thereof or supplementary thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act being section 5327 N. C. L. 1929 is hereby amended to read as follows:

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Designation of state highways


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ê1941 Statutes of Nevada, Page 286 (CHAPTER 126, SB 48)ê

 

 

 

 

 

 

Route 1

 

 

 

 

Route 1a

 

 

Route 1b

 

 

Route 1c

 

 

Route 2

 

 

 

 

Route 2a

 

Route 2b

 

 

 

Route 2c

 

 

 

 

Route 3

under section 8 of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows:

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

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

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

      Route 1c.  Beginning on route 2a at a point 3.4 miles west of the intersection with route 1b, thence southeasterly to a connection with route 1b four miles more or less north of the Towle ranch.

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

      Route 2a.  Beginning at a point on route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to a connection with route 3 in Carson City.

      Route 2b.  Beginning at a point on the Leeteville-Carson City highway near the Cardelli ranch, thence in an easterly direction to the Towle ranch near Fort Churchill, thence southerly through the town of Wabuska to a connection with route 3 in the city of Yerington.

      Route 2c.  Beginning at a point in the city of Yerington, Lyon County, where route 3 (or Main street) intersects Bridge street in said city of Yerington, thence east one mile along East Bridge street, thence southeasterly through the so-called Reese river pass to a connection with route 3 again at or near Lakeview on Walker lake, Mineral County.

      Route 3.  Beginning at a point on route 1 in the city of Reno, thence southerly through Carson City to a point approximately three miles southerly therefrom; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to a connection with the California state highway system at or near Lakeside; beginning again at a point approximately three miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville, and Wellington; thence to the northerly end of Walker lake by the most available and practicable route; thence along the west side of Walker lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately fifteen miles southerly; thence westerly by way of Lida and Palmetto canyon to a connection with the California state highway system.


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ê1941 Statutes of Nevada, Page 287 (CHAPTER 126, SB 48)ê

 

direction to a connection with the California state highway system at or near Lakeside; beginning again at a point approximately three miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville, and Wellington; thence to the northerly end of Walker lake by the most available and practicable route; thence along the west side of Walker lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately fifteen miles southerly; thence westerly by way of Lida and Palmetto canyon to a connection with the California state highway system.

      Route 3a.  Beginning at a point on route 15 at or near Coaldale, thence in a southerly direction through Fish Lake valley to a connection with the California state highway system.

      Route 3b.  Beginning at a point on route 3 approximately five miles southerly from its junction with routes 17 and 27, thence southerly via the east side of Washoe lake, connecting again with route 3 at a point approximately three miles north of Carson City.

      Route 4.  Beginning at a point on route 2 in the city of Ely, thence in a general southwesterly direction to a connection with route 3 in the town of Tonopah.

      Route 5.  Beginning at a point on route 3 approximately fifteen miles southerly from Goldfield, thence southeasterly to Beatty, thence to Las Vegas; thence through Searchlight to a connection with the California state highway system.

      Route 6.  Beginning at the Arizona-Nevada state line near Mesquite, thence southwesterly over what is now known as the Arrowhead trail through Las Vegas and Jean to a connection with the California state highway system.

      Route 7.  Beginning at a point on route 2 in the city of Ely, thence southerly through Pioche to Caliente; thence through Crystal springs to Alamo in Lincoln County; thence to Moapa in Clark County to a connection with route 6 at or near Glendale.

      Route 8.  Beginning at a point on route 1 in the city of Winnemucca, thence northerly on the most feasible route via Paradise hill to a connection with the Oregon state highway system at McDermitt.

      Route 8a.  Beginning on route 8 at or near Paradise hill, thence northwesterly by the most feasible route through Amos, Quinn river crossing and thence to Denio; thence westerly through Thousand creek to Massacre lake; thence westerly through Vya and the ’49 Station to a connection with the California state highway system; beginning again in Battle Mountain on route 1; thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese river valley to a connection with route 2 near Austin, thence easterly along route 2 to the mouth of Blackbird canyon; thence southerly through Big Smoky valley by the most feasible route to a connection with route 4 near Tonopah.

 

 

 

 

 

 

 

 

Route 3a

 

 

Route 3b

 

 

 

Route 4

 

Route 5

 

 

Route 6

 

 

Route 7

 

 

 

Route 8

 

 

Route 8a


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ê1941 Statutes of Nevada, Page 288 (CHAPTER 126, SB 48)ê

 

 

 

 

Route 8b

 

 

Route 9

 

Route 10

 

 

Route 11

 

 

 

 

Route 11a

 

 

 

Route 12

 

 

Route 13

 

 

 

Route 14

 

 

Route 15

 

Route 16

 

 

 

Route 17

east side of Reese river valley to a connection with route 2 near Austin, thence easterly along route 2 to the mouth of Blackbird canyon; thence southerly through Big Smoky valley by the most feasible route to a connection with route 4 near Tonopah.

      Route 8b.  Beginning at the south base of Paradise hill in Humboldt County on route 8, thence through Paradise valley to Indian creek in the Santa Rosa national forest by the most feasible and direct route.

      Route 9.  Beginning at the junction of routes 1 and 3 in the city of Reno, thence northerly to a connection with the California state highway system near Purdy.

      Route 10.  Beginning at a point approximately eight miles south of Mina, thence southwesterly by way of Montgomery pass to a connection with the California state highway system.

      Route 11.  Beginning at a point on the Idaho-Nevada state line near Owyhee, thence in a southerly direction via White Rock, Deep creek, and Independence valley to a connection with route 1 in the city of Elko; thence easterly on route 1 to a point at or near Halleck; thence southeasterly through Secret pass to a connection with route 13, hereinafter described.

      Route 11a.  Beginning at a point on the Idaho-Nevada state line at or near Owyhee, thence in a southeasterly direction to Mountain City in Elko County, thence in a southerly direction to a connection with route 11 at or near Deep creek in said Elko County.

      Route 12.  Beginning at a point on route 6 approximately three miles east of the Muddy river, thence in a southeasterly direction through Logandale and Overton to Lake Mead.

      Route 13.  Beginning at a point on the Idaho-Nevada state line north of Contact, thence southerly through Contact to a connection with route 1 in Wells; thence continuing southerly to a connection with route 24, hereinafter described, at a point approximately five miles south of Elko-White Pine County line.

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

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

      Route 16.  Beginning at a point on route 5 at or near what was formerly known as Amargosa station, thence southerly through or near Johnnie Town; thence southerly through Pahrump valley to a connection with the California state highway system at or near the thirty-sixth parallel.

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


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ê1941 Statutes of Nevada, Page 289 (CHAPTER 126, SB 48)ê

 

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

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

      Route 20.  Beginning at a point on route 1 about six miles north of Palisade, thence southerly through Palisade and Pine valley, thence by the most feasible and direct route to the town of Eureka; thence from a point on route 2 near the east Eureka County line to Fish creek; thence by the most direct and feasible route to a connection with route 4 at Callaway’s ranch.

      Route 21.  Beginning at a point on route 1 between Dunphy and Primeaux, thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to a connection with route 2 near Austin; thence westerly along route 2 approximately fifteen miles to a connection with the Austin-Ione post road; thence along the Austin-Ione post road to Ione.

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

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

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

      Route 25.  Beginning at a point east of Tonopah on route 4, thence easterly to a connection in Lincoln County with route 7 at Crystal springs; beginning again at a point on route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.

      Route 26.  Beginning at a point on route 5, approximately 18 miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder dam.

Route 18

 

 

Route 19

 

 

 

 

 

Route 20

 

 

 

 

Route 21

 

 

 

 

 

Route 22

 

 

Route 23

 

 

Route 24

 

 

Route 25

 

 

 

Route 26


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ê1941 Statutes of Nevada, Page 290 (CHAPTER 126, SB 48)ê

 

 

 

Route 27

 

 

Route 28

 

 

Route 29

 

 

Route 30

 

Route 31

 

 

Route 32

 

 

Route 33

 

 

Route 33a

 

 

 

Route 33b

 

 

Route 34

and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder dam.

      Route 27.  Beginning at a point on route 3 near Steamboat Springs, thence in a westerly direction by the shortest and most feasible route to a connection with route 28, hereinafter described, near Incline.

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

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

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

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

      Route 32.  Beginning at the intersection of Eighth street and route 1 in the city of Sparks, thence north on Eighth street to a connection with route 33, hereinafter described, near Wedekind.

      Route 33.  Beginning at the junction of Alameda avenue with East Fourth street in Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid lake at or near Sutcliffe.

      Route 33a.  Beginning at a point on route 1 at the junction of West Fourth street and Sierra street in the city of Reno; thence northerly and southerly on Sierra street to a connection on the north with route 9 near the north Reno city limits and to a connection on the south with route 3 near the south Reno city limits.

      Route 33b.  Beginning at a point on route 3 at the junction of South Virginia street and Second street in the city of Reno; thence westerly along West Second street to a connection with route 1 near the west Reno city limits.

      Route 34.  Beginning on route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca lakes to Gerlach; thence by the shortest and most feasible route to a connection with route 8a near Vya; thence easterly along route 8a to the Mariette ranch; thence northeasterly to the Charles Sheldon game refuge.

      Route 35.  Beginning at a junction on route 2 fourteen miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.


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ê1941 Statutes of Nevada, Page 291 (CHAPTER 126, SB 48)ê

 

miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.

      Route 36.  Beginning at a point on route 3 approximately three miles south of Carson City, thence in a southeasterly direction to the Stewart Indian institute.

      Route 37.  Beginning on route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.

      Route 38.  Beginning at a point on route 4 approximately twenty-three miles southwest of Ely, thence in a southeasterly direction through Preston to Lund.

      Route 38a.  Beginning at the terminus of route 38 in the town of Lund, thence in a southerly direction via Sunnyside and Hiko to a connection with route 25 near Crystal springs.

      Route 39.  Beginning at a point on route 5 approximately fifteen miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston park.

      Route 40.  Beginning on route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with route 12 near Lake Mead.

      Route 41.  Beginning on route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs valley and Las Vegas wash to a connection with route 5 between Las Vegas and Boulder City.

      Route 42.  Beginning at a point on route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.

      Route 43.  Beginning at a point on route 11a near Mountain City, thence in a southerly direction via Owyhee canyon and Johnson ranch by the shortest and most feasible route to a connection with route 11 at or near Weiland, Nevada.

      Route 44.  Beginning at a point on route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.

      Route 45.  Beginning at a point on route 17 approximately two miles north of Virginia City, thence in a northerly direction to a connection with route 1 approximately six miles east of Sparks.

      Route 46.  Beginning at a point on route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington valley, Railroad canyon, and Diamond valley to a connection with route 2 at or near Eureka.

      Route 47.  Beginning at a point on route 3 near Blair Junction; thence southerly to Silver Peak; thence southwesterly to Nivloc.

      Route 48.  Beginning at a point on route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with route 34 at or near Gerlach.

Route 35

 

Route 36

 

Route 37

 

 

Route 38

 

Route 38a

 

 

Route 39

 

 

Route 40

 

Route 41

 

 

Route 42

 

 

Route 43

 

 

Route 44

 

Route 45

 

 

Route 46

 

 

Route 47

 

Route 48


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ê1941 Statutes of Nevada, Page 292 (CHAPTER 126, SB 48)ê

 

 

 

Route 49

 

 

Route 50

 

 

 

Route 51

 

Route 52

 

 

Route 53

 

Route 54

 

Route 55

 

Route 56

 

Route 57

 

Route 58

 

 

Route 59

 

Route 60

 

 

 

 

Route 61

Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with route 34 at or near Gerlach.

      Route 49.  Beginning at or near Winnemucca on route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with route 48 near Gerlach.

      Route 50.  Beginning at a point on route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring valley and Spring valley canyon; thence through Limerick canyon to an intersection with the Rochester road; thence westerly to a connection with route 1 near Oreana.

      Route 51.  Beginning in Silver City on route 17, thence in an easterly direction to a connection with route 2a in Dayton.

      Route 52.  Beginning at a point near Owens on route 5, thence via Lee’s canyon, Clark canyon, and Pahrump ranch to a connection with the California state highway system.

      Route 53.  Beginning on route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.

      Route 54.  Beginning on route 7 one mile north of Panaca, thence in a northwesterly direction to Cathedral gorge.

      Route 55.  Beginning on route 7 approximately one mile west of Caliente, thence south and east to Kershaw canyon-Ryan state park.

      Route 56.  Beginning in Gardnerville on route 3, thence southwesterly to a connection with route 37 at Centerville.

      Route 57.  Beginning at Genoa, thence easterly to a connection with route 3 approximately five miles north of Minden.

      Route 58.  Beginning at a point on route 5 in Beatty, thence southwesterly via Daylight pass to a connection with the California state highway system near Death Valley national monument.

      Route 59.  Beginning at a point on route 1 in the city of Lovelock, thence southerly a distance of approximately seven miles.

      Route 60.  Beginning at a point on route 5 approximately four miles south of Railroad pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado canyon to the Colorado river; beginning again at Nelson, thence southwesterly to a connection with route 5 approximately ten miles north of Searchlight.

      Route 61.  Beginning at a point on route 1a approximately one mile south of Fallon, thence westerly along Scheckler lane one mile; thence southerly one mile; thence westerly two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.


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ê1941 Statutes of Nevada, Page 293 (CHAPTER 126, SB 48)ê

 

two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.

      Route 62.  Beginning at a point on route 2 approximately one mile south of Fallon, thence easterly one mile; thence southeasterly approximately two miles.

      Route 63.  Beginning at a point on route 3 approximately two miles south of Reno, thence easterly approximately one and one-half miles to United airport.

      Route 64.  Beginning at a point on route 3 approximately three miles south of Reno, thence southeasterly a distance of approximately two miles along what is known as Peckham lane.

      Route 65.  Beginning at a point on route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately three miles; beginning again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle valley to the Carson river.

      Route 66.  Beginning at a point on route 1 in the city of Lovelock, thence northerly a distance of approximately two and one-half miles.

      Route 67.  Beginning at the intersection of route 1 and Alameda avenue in the city of Reno, thence southerly along Alameda avenue and Wells avenue in the said city of Reno to a connection with route 3 at or near the south Reno city limits.

      Route 68.  Beginning at a point on route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.

      Route 69.  Beginning at a point on route 8a approximately 37 miles north of its junction with route 4; thence easterly to Manhattan.

      Route 70.  Beginning at a point on route 8a approximately 49 miles north of its junction with route 4; thence easterly and southeasterly to Round Mountain.

      Route 71.  Beginning at a point on route 3 approximately 7 1/2 miles southwest at its junction with route 5, thence southwesterly to Gold Point, thence southerly and southwesterly via Oriental wash to the Nevada-California state line en route to Sand Springs, California.

      Route 72.  Beginning at a point on route 5 approximately 19 miles southeast of its junction with route 3, thence southwesterly via Grapevine canyon to the Nevada-California line en route to “Scotty’s Castle.”

      Route 73.  Beginning at a point on state route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.

 

 

Route 62

 

Route 63

 

Route 64

 

 

Route 65

 

 

 

Route 66

 

Route 67

 

 

Route 68

 

 

Route 69

 

Route 70

 

Route 71

 

 

 

Route 72

 

 

Route 73


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ê1941 Statutes of Nevada, Page 294 (CHAPTER 126, SB 48)ê

 

Route 74

 

Route 75

 

 

Route 76

 

Route 77

 

Route 78

 

Route 79

 

Route 80

 

Route 81

 

 

Route 82

 

 

 

Proviso

 

 

In effect

      Route 74.  Beginning at a point on state route 14 near Baker thence westerly to Lehman caves in Lehman cave national monument.

      Route 75.  That portion of road in Nine-Mile rock, nine miles east of Panaca, to the Utah-Nevada state line due east through Crestline, a distance of approximately fifteen miles.

      Route 76.  Beginning at a point on route 5 about 10 miles south of Searchlight thence to Ft. Mohave.

      Route 77.  Beginning at a point on route 5 at or near the Nevada-California line and thence in an easterly direction to Bull’s damsite.

      Route 78.  Road from Moapa to Comstock approximately 6 miles, joining U. S. route 93 with 91.

      Route 79.  Beginning in Virginia City thence through Six-mile canyon to a point on Highway 50 approximately 2 miles east of Dayton near Sutro Tunnel.

      Route 80.  Beginning at Virginia City thence through Gold Hill and Silver City to a point on the Virginia City-Carson highway in Silver City, Nevada.

      Route 81.  Beginning on route 34, at Gerlach, thence northwesterly through Squaw valley and Duck flat to Nevada-California boundary at southerly end of Surprise valley, approximately 56 miles.

      Route 82.  Beginning at a point on route 8a at a point approximately twelve miles north of its junction with route 4, thence northeasterly via Belmont to Potts ranch, thence via Antelope valley to a connection with route 2 approximately twenty miles west of Eureka.

      Sec. 2.  Nothing in this act shall be construed to direct or designate the order in which repairs, construction, or reconstruction shall be performed upon the routes herein designated.

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

 

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ê1941 Statutes of Nevada, Page 295ê

CHAPTER 127, SB 114

[Senate Bill No. 114–Senator Caughman]

 

Chap. 127–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, approved March 21, 1939.

 

[Approved March 28, 1941]

 

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, authorizing the county commissioners to transfer surplus proceeds to the general fund of Mineral County, and other matters properly connected therewith or appertaining thereto.

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

      Section 5.  Said commissioners in the management and operation of said power system are directed to use the proceeds from said power system for the purchase of power and the setting aside of a suitable reserve for operating and maintenance expenses; any surplus proceeds may be transferred to the general fund of Mineral County by order of said commissioners.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of commissioners

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1941 Statutes of Nevada, Page 296ê

CHAPTER 128, SB 20

 

 

 

 

 

 

 

 

 

 

 

 

How cited

 

 

 

Definitions

[Senate Bill No. 20–Committee on Banks and Banking]

 

Chap. 128–An Act relating to trust receipts and pledges of personal property unaccompanied by possession in the pledgee, and matters relating thereto.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

SECTION I.

 

      How Cited.  This act may be cited as “The Uniform Trust Receipts Law.”

 

SECTION II.

 

      Definitions.  In this act unless the context or subject matter otherwise requires:

      1.  “Buyer in the ordinary course of trade” means a person to whom goods are sold and delivered for new value and who acts in good faith and without actual knowledge of any limitation on the trustee’s liberty of sale, including one who takes by conditional sale or under a preexisting mercantile contract with the trustee to buy goods delivered, or like goods, for cash or on credit. “Buyer in the ordinary course of trade” does not include a pledgee, a mortgagee, a lienor, or a transferee in bulk.

      2.  “Document” means any document of title to goods.

      3.  “Entruster” means the person who has or directly or by agent takes a security interest in goods, documents or instruments, under a trust receipt transaction, and any successor in interest of such person. A person in the business of selling goods or instruments for profit, who at the outset of the transaction has, as against the buyer, general property in such goods or instruments, and who sells the same to the buyer on credit, retaining title or other security interest under a purchase money mortgage or conditional sales contract or otherwise, is excluded.

      4.  “Goods” means any chattels personal other than money, things in action, or things so affixed to land as to become a part thereof.

      5.  “Instrument” means:

      (a) Any negotiable instrument as defined in the negotiable instruments law and amendments thereto; or

      (b) Any certificate of stock, or bond or debenture for the payment of money issued by a public or private corporation as part of a series; or

      (c) Any interim, deposit, or participation certificate or receipt, or other credit or investment instrument of a sort marketed in the ordinary course of business or finance of which the trustee, after the trust receipt transaction, appears by virtue of possession and the face of the instrument to be the owner, “Instrument” does not include any document of title to goods.


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

ê1941 Statutes of Nevada, Page 297 (CHAPTER 128, SB 20)ê

 

by virtue of possession and the face of the instrument to be the owner, “Instrument” does not include any document of title to goods.

      6.  “Lien creditor” means any creditor who has acquired a specific lien on the goods, documents or instruments by attachment, levy, or by any other similar operation of law or judicial process, including a distraining landlord.

      7.  “New value” includes new advances or loans made, or new obligation incurred, or the release or surrender of a valid and existing security interest, or the release of a claim to proceeds under section V-(F); but “new value” shall not be construed to include extension or renewals of existing obligations of the trustee, nor obligations substituted for such existing obligations.

      8.  “Person” means, as the case may be, an individual, trustee, receiver or other fiduciary, partnership, corporation, business trust, or other association, and two or more persons having a joint or common interest.

      9.  “Possession,” as used in this act with reference to possession taken or retained by the entruster, means actual possession of goods, documents or instruments, or, in the case of goods, such constructive possession as, by means of tags or signs or other outward marks placed and remaining in conspicuous places, may reasonably be expected in fact to indicate to the third party in question that the entruster has control over or interest in the goods.

      10.  “Purchase” means taking by sale, conditional sale, lease, mortgage, or pledge, legal or equitable.

      11.  “Purchaser” means any person taking by purchase. A pledgee, mortgagee or other claimant of a security interest created by contract is, insofar as concerns his specific security, a purchaser and not a creditor.

      12.  “Security interest” means a property interest in goods, documents, or instruments, limited in extent to securing performance of some obligation of the trustee or of some third person to the entruster, and includes the interest of a pledgee, and title, whether or not expressed to be absolute, whenever such title is in substance taken or retained for security only.

      13.  “Transferee in bulk” means a mortgagee or a pledgee or a buyer of the trustee’s business substantially as a whole.

      14.  “Trustee” means the person having or taking possession of goods, documents, or instruments under a trust receipt transaction, and any successor in interest of such person. The use of the word “trustee” herein shall not be interpreted or construed to imply the existence of a trust or any right or duty of a trustee in the sense of equity jurisprudence other than as provided by this act.

      15.  “Value” means any consideration sufficient to support a simple contract. An antecedent or preexisting claim, whether for money or not, and whether against the transferror or against another person, constitutes value where goods, documents, or instruments are taken either in satisfaction thereof or as security therefor.

Definitions


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

ê1941 Statutes of Nevada, Page 298 (CHAPTER 128, SB 20)ê

 

 

 

 

 

 

 

Trust receipt transaction, what constitutes

whether for money or not, and whether against the transferror or against another person, constitutes value where goods, documents, or instruments are taken either in satisfaction thereof or as security therefor.

 

SECTION III.

 

      Trust Receipt Transaction, What Constitutes.  (1) A trust receipt transaction within the meaning of this act is any transaction to which an entruster and a trustee are parties, for one of the purposes set forth in subdivision (3) of this section, whereby

      (a) The entruster or any third person delivers to the trustee goods, documents or instruments in which the entruster (i) prior to the transaction has, or for new value (ii) by the transaction acquires, or (iii) as the result thereof is to acquire promptly, a security interest; or

      (b) The entruster gives new value in reliance upon the transfer by the trustee to such entruster of a security interest in instruments or documents which are actually exhibited to such entruster, or to his agent in that behalf, at a place of business of either entruster or agent, but possession of which is retained by the trustee; provided, that the delivery under paragraph (a) or the giving of new value under paragraph (b) either

      (i) Be against the signing and delivery by the trustee of a writing designating the goods, documents, or instruments concerned, and reciting that a security interest therein remains in or will remain in, or has passed to or will pass to, the entruster; or

      (ii) Be pursuant to a prior or concurrent written and signed agreement of the trustee to give such a writing.

      The security interest of the entruster may be derived from the trustee or from any other person, and by pledge or by transfer of title or otherwise.

      If the trustee’s rights in the goods, documents, or instruments are subject to a prior trust receipt transaction, or to a prior equitable pledge, section V-(E) and section IV, respectively, of this act, determine the priorities.

      (2) A writing such as is described in subdivision (1), paragraph (i), of this section signed by the trustee, and given in or pursuant to such a transaction, is designated in this act as a “trust receipt.” No further formality of execution or authentication shall be necessary to the validity of a trust receipt.

      (3) A transaction shall not be deemed a trust receipt transaction unless the possession of the trustee thereunder is for a purpose substantially equivalent to any one of the following:

      (a) In the case of goods, documents or instruments, for the purpose of selling or exchanging them, or of procuring their sale or exchange; or

 


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

ê1941 Statutes of Nevada, Page 299 (CHAPTER 128, SB 20)ê

 

the purpose of selling or exchanging them, or of procuring their sale or exchange; or

      (b) In the case of goods or documents, for the purpose of manufacturing or processing the goods delivered or covered by the documents, with the purpose of ultimate sale, or for the purpose of loading, unloading, storing, shipping, transshipping, or otherwise dealing with them in a manner preliminary to or necessary to their sale; or

      (c) In the case of instruments, for the purpose of delivering them to a principal, under whom the trustee is holding them, or for consummation of some transaction involving delivery to a depositary or registrar, or for their presentation, collection, or renewal.

 

SECTION IV.

 

      Pledge or Agreement to Pledge, when Valid.  (1) An attempted pledge or agreement to pledge not accompanied by delivery of possession, which does not fulfill the requirements of a trust receipt transaction, shall be valid as against creditors of the pledgor only as follows:

      (a) To the extent that new value is given by the pledgee in reliance thereon, such pledge or agreement to pledge shall be valid as against all creditors with or without notice for ten days from the time the new value is given;

      (b) To the extent that the value given by the pledgee is not new value, and in the case of new value after the lapse of ten days from the giving thereof, the pledge shall have validity as against lien creditors without notice, who become such as prescribed in section V-(D), only as of the time the pledgee takes possession, and without relation back.

      (2) Purchasers (including entrusters) for value and without notice of the pledgee’s interest shall take free of any such pledge or agreement to pledge unless, prior to the purchase, it has been perfected by possession taken.

      (3) Where, under circumstances not constituting a trust receipt transaction, a person for a temporary and limited purpose delivers goods, documents or instruments in which he holds a pledgee’s or other security interest to the person holding the beneficial interest therein, the transaction has like effect with a purported pledge for a new value under this section.

 

SECTION V.

 

      Contract to Give Trust Receipt.  (1) A contract to give a trust receipt, if in writing and signed by the trustee, shall, with reference to goods, documents, or instruments thereafter delivered by the entruster to the trustee in reliance on such contract be equivalent in all respects to a trust receipt.

      (2) Such a contract shall as to such goods, documents, or instruments be specifically enforceable against the trustee, but this subdivision shall not enlarge the scope of the entruster’s rights against creditors of the trustee as limited by this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

Pledge or agreement to pledge, when valid

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contract to give trust receipt


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

ê1941 Statutes of Nevada, Page 300 (CHAPTER 128, SB 20)ê

 

 

 

 

 

 

When valid and enforceable

 

 

 

 

 

Entruster, possession, etc.

but this subdivision shall not enlarge the scope of the entruster’s rights against creditors of the trustee as limited by this act.

 

SECTION V-(A).

 

      When Valid and Enforceable.  Between the entruster and the trustee the terms of the trust receipt shall, save as otherwise provided by this act, be valid and enforceable. But no provision for forfeiture of the trustee’s interest shall be valid except as provided in subdivision five of section V-(B).

 

SECTION V-(B).

 

      Entruster, Possession, Etc.  (1) The entruster shall be entitled as against the trustee to possession of the goods, documents or instruments on default and as may be otherwise specified in the trust receipt.

      (2) An entruster entitled to possession under the terms of the trust receipt or of subdivision one of this section may take such possession without legal process, whenever that is possible without breach of the peace.

      (3) (a) After possession taken, the entruster shall, subject to paragraph (b) of this subdivision and to subdivision five, hold such goods, documents or instruments with the rights and duties of a pledgee.

      (b) An entruster in possession may, on or after default, give notice to the trustee of intention to sell, and may, not less than five days after the serving or sending of such notice, sell the goods, documents or instruments for the trustee’s account at public or private sale, and may at a public sale himself become a purchaser. The proceeds of any such sale, whether public or private, shall be applied (i) to the payment of the expenses thereof, (ii) to the payment of the expenses of retaking, keeping and storing the goods, documents, or instruments, (iii) to the satisfaction of the trustee’s indebtedness. The trustee shall receive any surplus and shall be liable to the entruster for any deficiency. Notice of sale shall be deemed sufficiently given if in writing, and either (i) personally served on the trustee, or (ii) sent by postpaid ordinary mail to the trustee’s last-known business address.

      (c) A purchaser in good faith and for value from an entruster in possession takes free of the trustee’s interest, even in a case in which the entruster is liable to the trustee for conversion.

      (4) Surrender of the trustee’s interest to the entruster shall be valid on any terms upon which the trustee and the entruster may, after default, agree.

      (5) As to articles manufactured by style or model, the terms of the trust receipt may provide for forfeiture of the trustee’s interest at the election of the entruster, in the event of the trustee’s default, against cancelation of the trustee’s then remaining indebtedness; provided, that in the case of the original maturity of such an indebtedness there must be canceled not less than eighty per centum of the purchase price to the trustee, or of the original indebtedness, whichever is greater; or, in the case of a first renewal, not less than seventy per centum, or, in the case of a second or further renewal, not less than sixty per centum.


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

ê1941 Statutes of Nevada, Page 301 (CHAPTER 128, SB 20)ê

 

of the trustee’s default, against cancelation of the trustee’s then remaining indebtedness; provided, that in the case of the original maturity of such an indebtedness there must be canceled not less than eighty per centum of the purchase price to the trustee, or of the original indebtedness, whichever is greater; or, in the case of a first renewal, not less than seventy per centum, or, in the case of a second or further renewal, not less than sixty per centum.

 

SECTION V-(C).

 

      Entruster, Filing.  (1) (a) If the entruster within the period of thirty days specified in subdivision one of section V-(D) files as in this title provided, such filing shall be effective to preserve his security interest in documents or goods against all persons, save as otherwise provided by section V-D, V-E, V-F, V-G, V-J, and V-K of this act.

      (b) Filing after lapse of the said period shall be valid; but in such event, save as provided in paragraph (b) of subdivision two of section V-E, the entruster’s security interest shall be deemed to be created by the trustee as of the time of such filing, without relation back, as against all persons not having notice of such interest.

      (2) The taking of possession by the entruster shall, so long as such possession is retained, have the effect of filing, in the case of goods or documents; and of notice of the entruster’s security interest to all persons in the case of instruments.

 

SECTION V-(D).

 

      Validity of Entruster’s Security Interest as Against Creditors of Trustee.  (1) The entruster’s security interest in goods, documents, or instruments under the written terms of a trust receipt transaction, shall without any filing be valid as against all creditors of the trustee, with or without notice, for thirty days after delivery of the goods, documents, or instruments to the trustee, and thereafter except as in this act otherwise provided. But where the trustee at the time of the trust receipt transaction has and retains instruments, the thirty days shall be reckoned from the time such instruments are actually shown to the entruster or from the time that the entruster gives new value under the transaction, whichever is prior.

      (2) Save as provided in subdivision (1) of this section, the entruster’s security interest shall be void as against lien creditors who become such after such thirty-day period and without notice of such interest and before filing.

      (3) Where a creditor secures the issuance of process which within a reasonable time after such issuance results in attachment of or levy on the goods, he is deemed to have become a lien creditor as of the date of the issuance of the process.

 

 

 

 

 

 

 

 

 

Entruster, filing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Validity of entruster’s security interest as against creditors of trustee


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

ê1941 Statutes of Nevada, Page 302 (CHAPTER 128, SB 20)ê

 

 

 

 

 

 

 

 

 

 

 

 

Purchasers of negotiable instruments

      (a) Unless prior to the acquisition of notice by all creditors filing has occurred or possession has been taken by the entruster, (i) an assignee for the benefit of creditors, from the time of assignment, or (ii) a receiver in equity from the time of his appointment, or (iii) a trustee in bankruptcy or judicial insolvency proceedings from the time of filing of the petition in bankruptcy or judicial insolvency by or against the trustee shall, on behalf of all creditors, stand in the position of a lien creditor without notice, without reference to whether he personally has or has not, in fact, notice of the entruster’s interest.

 

SECTION V-(E).

 

      Purchasers of Negotiable Instruments.  (1) Purchasers of negotiable documents or instruments.

      (a) Nothing in this act shall limit the rights of purchasers in good faith and for value from the trustee of negotiable instruments or negotiable documents, and purchasers taking from the trustee for value, in good faith, and by transfer in the customary manner instruments in such form as are by common practice purchased and sold as if negotiable, shall hold such instruments free of the entruster’s interest; and filing under this act shall not be deemed to constitute notice of the entruster’s interest to purchasers in good faith and for value of such documents or instruments, other than transferees in bulk.

      (b) The entrusting (directly, by agent, or through the intervention of a third person) of goods, documents, or instruments by an entruster to a trustee, under a trust receipt transaction or a transaction falling within section IV of this act be equivalent to the like entrusting of any documents or instruments which the trustee may procure in substitution, or which represent the same goods or instruments or the proceeds thereof, and which the trustee negotiates to a purchaser in good faith and for value.

      (2) Where a purchaser from the trustee is not protected under subdivision one hereof, the following rules shall govern:

      (a) Sales by trustee in the ordinary course of trade.

      (i) Where the trustee, under the trust receipt transaction, has liberty of sale and sells to a buyer in the ordinary course of trade, whether before or after the expiration of the thirty-day period specified in subdivision one of section V-(D) of this act, and whether or not filing has taken place, such buyer takes free of the entruster’s security interest in the goods so sold, and no filing shall constitute notice of the entruster’s security interest to such a buyer.

      (ii) No limitation placed by the entruster on the liberty of sale granted to the trustee shall affect a buyer in the ordinary course of trade, unless the limitation is actually known to the latter.


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

ê1941 Statutes of Nevada, Page 303 (CHAPTER 128, SB 20)ê

 

ordinary course of trade, unless the limitation is actually known to the latter.

      (b) Purchasers other than buyers in the ordinary course of trade.  In the absence of filing, the entruster’s security interest in goods shall be valid, as against purchasers, save as provided in this section; but any purchaser, not a buyer in the ordinary course of trade, who, in good faith and without notice of the entruster’s security interest and before filing, either (i) gives new value before the expiration of the thirty-day period specified in subdivision one of section V-(D), or (ii) gives value after said period, and who in either event before filing also obtains delivery of goods from a trustee shall hold the subject matter of his purchase free of the entruster’s security interest, but a transferee in bulk can take only under (ii) of this paragraph (b).

      (c) Liberty of sale.  If the entruster consents to the placing of goods subject to a trust receipt transaction in the trustee’s stock in trade or in his sales or exhibition rooms, or allows such goods to be so placed or kept, such consent or allowance shall have like effect as granting the trustee liberty of sale.

      (3) As to all cases covered by this section the purchase of goods, documents or instruments on credit shall constitute a purchase for new value, but the entruster shall be entitled to any debt owing to the trustee and any security therefor, by reason of such purchase; except that the entruster’s right shall be subject to any set-off or defense valid against the trustee and accruing before the purchaser has actual notice of the entruster’s interest.

 

SECTION V-(F).

 

      Accounting to Entruster.  Where, under the terms of the trust receipt transaction, the trustee has no liberty of sale or other disposition, or having liberty of sale or other disposition, is to account to the entruster for the proceeds of any disposition of goods, documents or instruments, the entruster shall be entitled, to the extent to which and as against all classes of persons as to whom his security interest was valid at the time of disposition by the trustee, as follows:

      (a) To the debts described in subdivision three of section V-(E) hereof; and, also,

      (b) To any proceeds or the value of any proceeds (whether such proceeds are identifiable or not) of the goods, documents or instruments, if said proceeds were received by the trustee within ten days prior to either application for appointment of a receiver of the trustee, or the filing of a petition in bankruptcy or judicial insolvency proceedings by or against the trustee, or demand made by the entruster for prompt accounting; and to a priority to the amount of such proceeds or value; and, also,

 

Purchases of negotiable instruments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Accounting to entruster


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

ê1941 Statutes of Nevada, Page 304 (CHAPTER 128, SB 20)ê

 

 

 

 

 

 

 

 

 

 

 

Specific liens

 

 

 

 

 

 

 

 

 

Security interest

 

 

 

 

 

 

Entruster and trustee, statement

for prompt accounting; and to a priority to the amount of such proceeds or value; and, also,

      (c) To any other proceeds of the goods, documents or instruments which are identifiable, unless the provision for accounting has been waived by the entruster by words or conduct; and knowledge by the entruster of the existence of proceeds, without demand for accounting made within ten days from such knowledge, shall be deemed such a waiver.

 

SECTION V-(G).

 

      Specific Liens.  Specific liens arising out of contractual acts of the trustee with reference to the processing, warehousing, shipping or otherwise dealing with specific goods in the usual course of the trustee’s business preparatory to their sale shall attach against the interest of the entruster in said goods as well as against the interest of the trustee, whether or not filing has occurred under this act, but this section shall not obligate the entruster personally for any debt secured by such lien; nor shall it be construed to include the lien of a landlord.

 

SECTION V-(H).

 

      Security Interest.  An entruster holding a security interest shall not, merely by virtue of such interest or of his having given the trustee liberty of sale or other disposition, be responsible as principal or as vendor under any sale or contract to sell by the trustee.

 

SECTION V-(I).

 

      Entruster and Trustee, Statement.  (1) Any entruster undertaking or contemplating trust receipt transactions with reference to documents or goods is entitled to file with the secretary of state a statement, signed by the entruster and the trustee, containing:

      (a) A designation of the entruster and the trustee, and of the chief place of business of each within this state, if any; and if the entruster has no place of business within the state; and

      (b) A statement that the entruster is engaged, or expects to be engaged, in financing under trust receipt transactions and acquisition of goods by the trustee; and

      (c) A description of the kind or kinds of goods covered or to be covered by such financing.

      (2) The following form of statement (or any other form of statement containing substantially the same information) shall suffice for the purposes of this act:


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

ê1941 Statutes of Nevada, Page 305 (CHAPTER 128, SB 20)ê

 

Statement of Trust Receipt Financing

 

      The entruster,........................... whose chief place of business within this state is at..............................(or who has no place of business within this state and whose chief place of business outside this state is at......................), is or expects to be engaged in financing under trust receipt transactions the acquisition by the trustee,......................whose chief place of business within this state is at………………of goods of the following description: (coffee, silk, automobiles, or the like).

                                (Signed)...........................................Entruster.

                                (Signed)...........................................Trustee.

 

      (3) It shall be the duty of the filing officer to mark each statement filed with a consecutive file number, and with the date and hour of filing, and to keep such statement in a separate file; and to note and index the filing in a suitable index, indexed according to the name of the trustee and containing a notation of the trustee’s chief place of business as given in the statement. The fee for such filing shall be one dollar.

      (4) Presentation for filing of the statement described in subdivision one, and payment of the filing fee, shall constitute filing under this act, in favor of the entruster, as to any documents or goods falling within the description in the statement which are within one year from the date of such filing, or have been, within thirty days previous to such filing, the subject matter of a trust receipt transaction between the entruster and the trustee.

      (5) At any time before expiration of the validity of the filing, as specified in subdivision four, a like statement, or an affidavit by the entruster alone, setting out the information required by subdivision one, may be filed in like manner as the original filing. Any filing of such further statement or affidavit shall be valid in like manner and for like period as an original filing, and shall also continue the rank of the entruster’s existing security interest as against all junior interests. It shall be the duty of the filing officer to mark, file, and index the further statement or affidavit in like manner as the original.

 

SECTION V-(J).

 

      Security Interest, How Extensive.  As against purchasers and creditors, the entruster’s security interest may extend to any obligation for which the goods, documents, or instruments were security before the trust receipt transaction, and to any new value given or agreed to be given as a part of such transaction; but not, otherwise, to secure past indebtedness of the trustee; nor shall the obligation secured under any trust receipt transaction extend to obligations of the trustee to be subsequently created.

 

 

Entruster and trustee, statement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Security interest, how extensive


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

ê1941 Statutes of Nevada, Page 306 (CHAPTER 128, SB 20)ê

 

 

 

Where not applicable

 

 

 

 

 

 

 

 

 

 

Compliance

 

 

 

 

 

 

 

 

 

 

Law and equity rules applicable

 

 

 

 

 

How to be interpreted

 

 

 

 

Provisions severable

 

 

 

 

 

 

 

Provisions, when controlling

SECTION V-(K).

 

      Where Not Applicable.  This act shall not apply to single transactions of legal or equitable pledge, not constituting a course of business, whether such transactions be unaccompanied by delivery of possession, or involve constructive delivery, or delivery and redelivery, actual or constructive, so far as such transactions involve only an entruster who is an individual natural person, and a trustee entrusted as a fiduciary with handling investments or finances of the entruster; nor shall it apply to transactions of bailment or consignment in which the title of the bailor or consignor is not retained to secure an indebtedness to him of the bailee or consignee.

 

SECTION V-(L).

 

      Compliance.  As to any transaction falling within the provisions both of this act and of any other law requiring filing or recording, the entruster shall not be required to comply with both, but by complying with the provisions of either at his election may have the protection given by the law complied with; except that buyers in the ordinary course of trade as described in subdivision two of section V-(E), and lienors as described in section V-(G), shall be protected as therein provided, although the compliance of the entruster be with the filing or recording requirements of another law.

 

SECTION V-(M).

 

      Law and Equity Rules Applicable.  In any case not provided for in this act the rules of law and equity, including the law merchant, shall continue to apply to trust receipt transactions and purported pledge transactions not accompanied by delivery of possession.

 

SECTION V-(N).

 

      How To Be Interpreted.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.

 

SECTION V-(O).

 

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

 

SECTION V-(P).

 

      Provisions, When Controlling.  Notwithstanding the provisions of any general or special law, the provisions of this act shall control, excepting as to trust receipts and pledge transactions entered into before this act becomes effective.


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

ê1941 Statutes of Nevada, Page 307 (CHAPTER 128, SB 20)ê

 

act shall control, excepting as to trust receipts and pledge transactions entered into before this act becomes effective.

 

 

________

 

CHAPTER 129, SB 45

[Senate Bill No. 45–Senator Cobb]

 

Chap. 129–An Act to repeal section 5 of an act entitled “An act relating to the support of the poor,” approved November 29, 1861.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being section 5141 N. C. L. 1929, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Section repealed

 

________

 

CHAPTER 130, SB 108

[Senate Bill No. 108–Lyon County Delegation]

 

Chap. 130–An Act authorizing and directing the county commissioners, county auditor, and county treasurer of Lyon County, Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved March 28, 1941]

 

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 Lyon County, Nevada, and the county auditor and county treasurer of said county to transfer the sum of two thousand three dollars and twenty cents ($2,003.20) from the “Protest Tax” fund of said county to the “County Road District No. 3” fund of said county; said sum to be used exclusively for county aid to the state highway department in the construction of a state highway from Wellington, Lyon County, Nevada, via Sweetwater, in said county, to the California state line.

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

 

 

 

 

 

 

 

 

 

 

 

Transfer of Lyon County funds

 

 

 

 

 

In effect

 

________

 

 


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

ê1941 Statutes of Nevada, Page 308ê

CHAPTER 131, SB 66

 

 

 

 

 

 

 

 

 

 

 

 

 

What acts considered forgery

[Senate Bill No. 66–Senator Cobb]

 

Chap. 131–An Act to amend sections 398, 400 and 407 of an act entitled “An act concerning crimes and punishments, and, repealing certain acts relating thereto,” approved March 17, 1911, as amended.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 398 of the above-entitled act, being section 10350 N. C. L. 1929, is hereby amended to read as follows:

      Section 398.  Every person who shall falsely make, alter, forge, or counterfeit any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property or for the payment of any labor claim or claims, receipt for money or property, power of attorney, any auditor’s warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien, or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or incorporate, whether the said person or persons, body politic or corporate reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above-named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited with intent to prejudice, damage, or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this state or not; shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year nor more than fourteen years.


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

ê1941 Statutes of Nevada, Page 309 (CHAPTER 131, SB 66)ê

 

damage, or defraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this state or not; shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year nor more than fourteen years.

      Sec. 2.  Section 400 of the above-entitled act, being section 10352 N. C. L. 1929, is hereby amended to read as follows:

      Section 400.  Every person who shall make, pass, utter, or publish, with an intention to defraud any other person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter, or publish any fictitious bill, note, or check purporting to be the bill, note, or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact there shall be no such bank, corporation, copartnership, or individual in existence, the said person knowing the said bill, note, check, or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than one nor more than fourteen years. Whenever such note, bill, check, or other instrument in writing is drawn upon any bank, proof that the purported drawer of the same had no account at said bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.

      Sec. 3.  Section 407 of the above-entitled act, being section 10359 N. C. L. 1929, is hereby amended to read as follows:

      Section 407.  Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be deemed guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than one year, or in the state prison for not less than one nor more than five years. It shall be the duty of the court passing judgment upon a defendant after conviction to fix the place of imprisonment, and if imprisonment in the county jail is prescribed, to fix a period of time for imprisonment therein.

 

 

 

 

 

 

Fictitious papers, forgery

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Drawing checks when no deposit


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

ê1941 Statutes of Nevada, Page 310 (CHAPTER 131, SB 66)ê

 

Court to fix penalty

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

conviction to fix the place of imprisonment, and if imprisonment in the county jail is prescribed, to fix a period of time for imprisonment therein. If, in the discretion of the court, imprisonment in the county jail is prescribed for a violation of this section, said crime shall be deemed a misdemeanor for all purposes after a judgment imposing such punishment. The word “credit” as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. If payment of money is refused on any instrument mentioned above calling for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of the same, and the person who shall make, pass, utter or publish said instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn, within ten days from the date the said instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument, or shall fail to pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud; and provided further, that if any person shall sign his name to a check or draft which has inscribed over his signature the words “I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact,” and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property or credit with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud.

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

 

________

 

 


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

ê1941 Statutes of Nevada, Page 311ê

CHAPTER 132, SB 99

[Senate Bill No. 99–Senator Heidtman]

 

Chap. 132–An Act relating to county hospitals in the various counties of this state, authorizing the governing heads thereof to extend privileges of hospitalization to residents of other counties, providing conditions under which such privileges may be extended, providing for compensation thereof to the hospital extending such privilege, defining the powers and duties of certain persons and offices in relation thereto, making such compensation collectible by legal action, and other matters properly connected therewith.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every county hospital in this state being supported by public funds shall be for the benefit of such county or counties and of any person falling sick or being injured or maimed within its limits, but the governing head may extend the privileges and use of such hospital to persons residing outside of such county or counties upon such terms and conditions as said governing head may from time to time by its rules and regulations prescribe. Every such inhabitant or person who is not a pauper, and every relative required by the laws of this state to support any such inhabitant or person who is a pauper, shall pay to said governing head, or such officer as it shall designate, a reasonable compensation for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, according to the rules and regulations prescribed by said governing head, and if after demand by the governing head, or such officer as it may designate, such inhabitant, person, or relative shall fail, refuse, or neglect to pay such compensation, the same may be recovered in a suit at law brought by said governing head, such hospital always being subject to such reasonable rules and regulations as said governing head may adopt in order to render the use of said hospital of the greatest benefit to the greatest number, and the said governing head may exclude from the use of said hospital any and all inhabitants, and persons, who shall willfully violate such rules and regulations.

      Sec. 2.  When the privileges and use of said hospital are extended to a resident of another county who is entitled under the laws of the state to relief, support, care, nursing, medicine, medical, or surgical aid from such other county, the governing head shall immediately notify the board of county commissioners of such county, and said notice shall be in writing, and addressed to the board of county commissioner of said county, and it shall be the duty of the board of county commissioners receiving such notice to cause such person to be immediately removed to their county, and to pay a reasonable sum to said hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished such person and if said board of county commissioners shall neglect or refuse to remove such person, or if in the opinion of the attending physician it is not advisable to remove such person, the governing head shall have a legal claim against said county for all occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover the same in a suit at law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County hospital defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of board of county commissioners


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

ê1941 Statutes of Nevada, Page 312 (CHAPTER 132, SB 99)ê

 

Duties of board of county commissioners

 

 

 

 

 

 

 

In effect

of county commissioners receiving such notice to cause such person to be immediately removed to their county, and to pay a reasonable sum to said hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished such person and if said board of county commissioners shall neglect or refuse to remove such person, or if in the opinion of the attending physician it is not advisable to remove such person, the governing head shall have a legal claim against said county for all occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover the same in a suit at law.

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

 

________

 

CHAPTER 133, SB 95

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

[Senate Bill No. 95–Senator Wittenberg]

 

Chap. 133–An Act to amend the title of and to amend an act entitled “An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for filing of reports, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith,” approved March 23, 1933, as amended; approved March 28, 1935, as amended; approved March 24, 1937, as amended; approved March 24, 1939.

 

[Approved March 28, 1941]

 

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


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

ê1941 Statutes of Nevada, Page 313 (CHAPTER 133, SB 95)ê

 

public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith.

      Sec. 2.  Section 12 of the above-entitled act is hereby amended to read as follows:

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

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

Title of act amended

 

 

 

 

 

 

 

 

 

 

 

Duties of public service commission

 

 

 

In effect

 

________

 

CHAPTER 134, SB 121

[Senate Bill No. 121–Committee on Education, State Library and Public Morals]

 

Chap. 134–An Act to prohibit the dissemination of information pertaining to racing, specifying certain exceptions thereto and exemptions therefrom, and fixing a penalty for the violation thereof.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby declared unlawful for any person, firm, or corporation to furnish or disseminate any information whatsoever in regard to racing or races, from any point within this state to any point without the State of Nevada, by means of telephone, telegraph, teletype, radio, or any signaling device, with the intention that such information is to be used to induce betting or wagering on the result of such race or races, or with the intention that such information is to be used to decide the result of any bet or wager made upon such race or races; provided, however, that nothing in this act shall be construed as to prohibit newspapers of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run.

 

 

 

 

 

 

 

 

 

 

 

 

Certain prohibitions regarding horse racing; proviso


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

ê1941 Statutes of Nevada, Page 314 (CHAPTER 134, SB 121)ê

 

 

Penalty

 

 

 

 

In effect

concerning races that are to be run or the results of races that have been run.

      Sec. 2.  Any person, firm, or corporation violating the provisions of this act shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a term of not less than one nor more than three years, or may be fined in a sum of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars, or by both such fine and imprisonment.

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

 

________

 

CHAPTER 135, SB 18

 

 

 

 

 

 

 

 

 

 

Definition of terms

[Senate Bill No. 18–Committee on Banks and Banking]

 

Chap. 135–An Act relating to inventories and intermediate and final accounting by trustees.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definition of Terms.  As used in this act:  A “testamentary trustee” means a trustee serving under a trust created by a will of a testator domiciled in this state at the time of his death, whose will has been admitted to probate in this state, whether the trustee was appointed by the testator or by a court or other authority.

      A “nontestamentary trustee” means a trustee serving under a trust created in this state otherwise than by a will, whether the trustee was appointed by the settlor or by a court or other authority.

      The word “trustee” includes trustees, a corporate as well as a natural person, a successor or substitute trustee, and the successor in interest of a deceased sole trustee.

      “Beneficiary” includes a beneficiary under the trust, a person who is entitled to the trust capital at the termination of the trust and a surety on the bond of the trustee.

      “Settlor” includes the creator of a testamentary as well as a nontestamentary trust.

      “Relative” means a spouse, ancestor, descendant, brother, or sister.

      “Affiliate” means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control by another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly.

      This act shall not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, trusts created by judgment or decree of a federal court or a state court other than the district court acting in probate matters, liquidation trusts, or trust for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.


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

ê1941 Statutes of Nevada, Page 315 (CHAPTER 135, SB 18)ê

 

are issued to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the nature of mortgages or pledges, trusts created by judgment or decree of a federal court or a state court other than the district court acting in probate matters, liquidation trusts, or trust for the sole purpose of paying dividends, interest or interest coupons, salaries, wages or pensions.

      Sec. 2.  Testamentary Trust Inventory.  Within thirty days after it is the duty of the first qualifying testamentary trustee to take possession of the trust property he shall file with the district court where the will was admitted to probate an inventory under oath, showing by items all the trust property which shall have come to his possession or knowledge.

      Sec. 3.  Intermediate Accountings.  Within thirty days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory, as prescribed in section 2, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering such year and showing:

      (a) The period which the account covers;

      (b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability; and a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the trustee’s bond with the amount of such bond;

      (c) In a separate schedule the trust principal on hand at the beginning of the accounting period and the then status of its investment; the investments received from the settlor and still held; additions to trust principal during the accounting period with the dates and sources of acquisition; investments collected, sold or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from principal during the accounting period, with the date and purpose of each; and trust principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment;

      (d) In a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested;

      (e) That neither any seller of, nor buyer from, the trustee of trust property during the accounting period was at the time of such sale or purchase (1) in the case of a corporate trustee an affiliate, or any officer, employee, or nominee of the trustee or of an affiliate; or was (2) in the case of a non-corporate trustee a relative, partner, employer, employee, or business associate; but none of the provisions of this subsection shall apply to purchases and sales made by brokers for the trustee or to stock exchanges;

 

 

 

 

 

 

Testamentary trust inventory

 

 

 

Intermediate accountings


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

ê1941 Statutes of Nevada, Page 316 (CHAPTER 135, SB 18)ê

 

Intermediate accountings

 

 

 

 

 

 

 

 

 

 

 

 

 

Final accounting

 

 

 

 

 

 

 

Distribution accounting

 

 

 

Procedure on intermediate accountings

of trust property during the accounting period was at the time of such sale or purchase (1) in the case of a corporate trustee an affiliate, or any officer, employee, or nominee of the trustee or of an affiliate; or was (2) in the case of a non-corporate trustee a relative, partner, employer, employee, or business associate; but none of the provisions of this subsection shall apply to purchases and sales made by brokers for the trustee or to stock exchanges;

      (f) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid;

      (g) A brief summary of the account;

      (h) Such other facts as the court may by rule or court order require.

      Within thirty days after the end of each yearly period thereafter during the life of the trust, the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.

      Sec. 4.  Final Accounting.  Within thirty days after the termination of every testamentary trust the trustee, and in the case of the transfer of the trusteeship due to the death, resignation, removal, dissolution, merger, or consolidation of a sole trustee, the successor in interest of the old trustee, shall file with the district court of the county where the will was admitted to probate a final account under oath, showing for the period since the filing of the last account the facts required by section 3 regarding intermediate accountings, and in case of termination of the trust, the distribution of the trust property which the accountant proposes to make.

      Sec. 5.  Distribution Accounting.  Within thirty days after the distribution of the trust property by the testamentary trustee he shall file in the court where the final account was filed a distribution account of the trust property which he has distributed and the receipts of the distributees.

      Sec. 6.  Procedure on Intermediate Accountings.  Every testamentary trustee who files an intermediate account in court shall within ten days after such filing deliver to each known beneficiary a notice of such filing, and if there is to be no court hearing on the account a summary of the account with an offer to deliver the full account on demand, or if there is to be a court hearing on the account a copy of the account. Such delivery may be (1) by handing the notice or copy to the beneficiary personally, or to his guardian, or attorney of record; or (2) by sending it by registered mail with return receipt requested to such beneficiary, or his guardian or attorney of record, at the last known address of the addressee.


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

ê1941 Statutes of Nevada, Page 317 (CHAPTER 135, SB 18)ê

 

of the addressee. Any beneficiary or the trustees may petition the court for a hearing on any intermediate account, and the holding of such a hearing shall be in the discretion of the court. In the case of the third intermediate accounting, and every three years thereafter, the trustee shall apply to the court for a hearing on and approval of all unapproved accounts, and shall give each known beneficiary written notice of such application at least five days before the return day thereof, in the manner prescribed for the delivery of the copy of the account. The return day of the application for a hearing on an intermediate accounting shall be at least five days after the latest account was filed. The notice by the trustee of the application for a hearing on and approval of the account shall inform the beneficiaries of the amount of commissions or other compensation to be requested by the trustee on such hearing, and the amount of other fees which the court will then be requested to allow.

      Sec. 7.  Service of Papers in Final Accounting.  At least ten days before the return day of a final accounting, the testamentary trustee shall deliver to each beneficiary a copy of the account and a notice of the time and place at which the account will be presented for approval, which date shall not be earlier than ten days after the account was filed. Such delivery may be accomplished in the same manner as with regard to the service of papers on the intermediate accounting. The notice shall inform the beneficiaries of the amount of commissions or other compensation to be requested by the trustee on the application for approval of the account, and the amount of other fees which the court will then be requested to allow.

      Sec. 8.  Vouchers.  When an intermediate or final account is presented for consideration in court the testamentary trustee shall produce in court vouchers for all expenditures of $20 or more, made by the trustee during the accounting period. Where the account is accompanied by a report of a certified public accountant, or a certified public accountant upon hearing of any account testifies that all expenditures of $20 or more made by the trustee during the accounting period are supported by vouchers, then it shall not be necessary to produce the vouchers in court. When vouchers are produced upon a hearing the same shall be returned to the trustee after the account is approved.

      Sec. 9.  Representation.  Any beneficiary who is a minor, of unsound mind, or otherwise legally incompetent, and also possible unborn or unascertained beneficiaries may be represented in a testamentary trust accounting by the court, or by competent living members of the class to which they do or would belong, or by a guardian ad litem, as the court deems best. If the residence of any beneficiary is unknown, or there is doubt as to the existence of one or more persons as beneficiaries, the court shall make such provision for service of notice and representation on the accounting as it believes proper.

 

Procedure on intermediate accountings

 

 

 

 

 

 

 

 

Service of papers in final accounting

 

 

 

 

 

 

 

Vouchers

 

 

 

 

 

 

 

 

Representation


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

ê1941 Statutes of Nevada, Page 318 (CHAPTER 135, SB 18)ê

 

 

 

 

Court action

 

 

 

 

 

 

 

 

Effect of court approval

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inventory by nontestamentary trustee

or there is doubt as to the existence of one or more persons as beneficiaries, the court shall make such provision for service of notice and representation on the accounting as it believes proper.

      Sec. 10.  Court Action.  On the return day of an application for a hearing on and approval of an intermediate or final account the testamentary trustee shall file an affidavit proving the timely delivery to the known beneficiaries of the documents required by the act or by court order. The procedure as to filing of objections, examination of the trustee and other witnesses, inspection of the trust property, adjournments, reference to a master or other representative of the court, amendment of the account, and similar matters, shall be in the discretion of the court. The court shall, as soon as practicable, act upon the account, and discharge the trustee if the account is an approved distribution account.

      Sec. 11.  Effect of Court Approval.  The approval by the court of a testamentary trustee’s account after due notice and service of papers or representation as provided in this act shall, subject to the right of appeal, relieve the trustee and his sureties from liability to all beneficiaries then known or in being, or who thereafter become known or in being, for all the trustee’s acts and omissions which are fully and accurately described in the account, including the then investment of the trust funds. The court may disapprove the account and surcharge the trustee for any loss caused by a breach of trust committed by him. The account may be reopened by the court on motion of the trustee or a beneficiary, for amendment or revision, if it later appears that the account is incorrect, either because of fraud or mistake. Court approvals or disapprovals of intermediate or final accounts shall be deemed final judgments insofar as the right of appeal is concerned. No account shall be reopened because of a mistake more than one year after its approval. No beneficiary may move for the reopening of any account because of fraud more than ninety days after he discovers the existence of the fraud.

      Sec. 12.  Inventory by Nontestamentary Trustee.  Within thirty days after it is the duty of the first qualifying trustee of a nontestmentary trust to take possession of the trust property he shall file in the office of the clerk of the district court in the county where the trust was created a notice of his appointment as trustee, a copy of the instrument creating the trust, if the trust was created by a writing, a list of the names, addresses, and dates of birth of the known living beneficiaries, a description of any possible unborn or unascertained beneficiaries, and an inventory under oath of the trust property which shall have come to his possession or knowledge.


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ê1941 Statutes of Nevada, Page 319 (CHAPTER 135, SB 18)ê

 

      Sec. 13.  Acounting by Nontestamentary Trustee.  Every nontestamentary trustee shall file intermediate, final, and distribution accounts with the clerk of the district court in the county where the trust was created, at the same intervals, under the same conditions, and with the same effect as herein provided with respect to the accountings of a testamentary trustee in the district court.

      Sec. 14.  Duties of Court and Clerks.  The clerks of the district courts shall severally keep records of all trust inventories and accounts filed with their respective courts, and shall, within thirty days after the filing should have occurred, notify the respective judges of their courts of all failures by trustees to file accounts in accordance with this act. Such courts shall, upon learning that a trustee subject to their respective jurisdictions has failed to perform any duty placed upon him by this act, issue a citation or order to the trustee requiring him to perform such duty.

      Sec. 15.  Power of Settlor.  The provisions of this act shall have no application to nontestamentary trusts unless the settlor shall expressly so declare in the instrument creating the trust. But no expression of intent by any settlor shall affect the jurisdiction of the courts of this state over inventories and accounts of trustees, insofar as such jurisdiction does not depend upon the provisions of this act.

      Sec. 16.  Power of Beneficiary.  Any beneficiary, if of full age and sound mind, may, if acting upon full information, by written instrument delivered to the trustee, excuse the trustee as to such beneficiary from performing any of the duties imposed on him by this act or exempt the trustee from liability to such beneficiary for failure to perform any of the duties imposed upon the trustee by the terms of this act.

      Sec. 17.  Accountability at Other Times.  Nothing herein contained shall be construed to abridge the power of any court of competent jurisdiction to require testamentary or nontestamentary trustees to file an inventory, to account, to exhibit the trust property, or to give beneficiaries information or the privilege of inspection of trust records and papers, at times other than those herein prescribed; and nothing herein contained shall be construed to abridge the power of such court for cause shown to excuse a trustee from performing any or all of the duties imposed on him by this act. Nothing herein contained shall prevent the trustee from accounting voluntarily when it is reasonably necessary, even though he is not required to do so by this act or by court order.

      Sec. 18.  Enforcement.  Any beneficiary may apply to the district court having jurisdiction over the accountings, as prescribed in this act, for an order requiring the trustee to perform the duties imposed upon him by this act.

Accounting by nontestamentary trustee

 

 

 

Duties of court and clerks

 

 

 

 

 

Power of settlor

 

 

 

 

Power of beneficiary

 

 

 

 

Accountability at other times

 

 

 

 

 

 

 

 

Enforcement


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ê1941 Statutes of Nevada, Page 320 (CHAPTER 135, SB 18)ê

 

Penalties for violation of act

 

Forms of inventories and accounts

 

Oaths

 

 

 

Charitable trusts

 

 

Uniformity of interpretation

 

Short title

 

Severability

 

 

 

 

Repeal

 

Time of taking effect

      Sec. 19.  Penalties for Violation of Act.  When a trustee fails to perform any of the duties imposed upon him by this act he may be removed, his compensation may be reduced or forfeited, or other civil penalty inflicted, in the discretion of the court.

      Sec. 20.  Forms of Inventories and Accounts.  The courts given jurisdiction over accountings by this act may prescribe forms in which inventories and accounts shall be presented.

      Sec. 21.  Oaths.  Whenever an oath or affirmation is required of a trustee under this act, it may be made in the case of a corporate trustee by an officer of such corporate trustee, and in the case of cotrustees acting jointly by any one of the cotrustees.

      Sec. 22.  Charitable Trusts.  This act shall apply to charitable trusts. Documents required to be delivered to beneficiaries of such trusts shall be delivered to the attorney-general of the state.

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

      Sec. 24.  Short title.  This act shall be cited as the uniform trustees’ accounting act.

      Sec. 25.  Severability.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 26.  Repeal.  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

      Sec. 27.  Time of Taking Effect.  This act shall take effect June 1, 1941, and shall apply only to testamentary trusts created by wills executed after the effective date of the act and to nontestamentary trusts created after the effective date of the act.

 

________

 

CHAPTER 136, SB 19

 

 

 

 

 

 

 

 

 

Definitions

[Senate Bill No. 19–Committee on Banks and Banking]

 

Chap. 136–An Act relating to trusts and trustees and matters in connection therewith.

 

[Approved March 28, 1941]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definitions.  As used in this act unless the context or subject matter otherwise requires:


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ê1941 Statutes of Nevada, Page 321 (CHAPTER 136, SB 19)ê

 

      1.  “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest.

      2.  “Trustee” means the person holding property in trust and includes trustees, corporate as well as a natural person, and a successor or substitute trustee.

      3.  “Relative” means a spouse, ancestor, descendant, brother, or sister.

      4.  “Affiliate” means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.

      5.  “Trust” means an express trust only.

      Sec. 2.  Loan of Trust Funds.  Except as provided in section 3, no corporate trustee shall lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate; nor shall any noncorporate trustee lend trust funds to himself, or to his relative, employer, employee, partner, or other business associate.

      Sec. 3.  Corporate Trustee Depositing Trust Funds With Self.  1.  A corporate trustee which is subject to regulation and supervision by state or federal authorities may deposit with itself trust funds which are being held necessarily pending investment, distribution, or the payment of debts, provided it pays into the trust for such deposit such interest as it is required by statute to pay on uninvested trust funds, or, if there be no such statute, the same rate of interest it pays upon similar nontrust deposits, and maintains in its trust department as security for all such deposits a separate fund consisting of securities legal for trust investments and at all times equal in total market value to the amount of the deposits. But no such security shall be required to the extent that the deposit is insured or given a preference by any state or federal law.

      2.  The separate fund of securities shall be marked as such. Withdrawals from or additions to it may be made from time to time, as long as the required value is maintained. The income of such securities shall belong to the corporate trustee. In all statements of its financial condition published, or delivered to the superintendent of banks, such corporate trustee shall show as separate items the amount of trust funds which it has deposited with itself and the amount of securities which it holds as security for the payment of such deposits.

      Sec. 4.  Trustee Buying from or Selling to Self.  No trustee shall directly or indirectly buy or sell any property for the trust from or to itself or an affiliate; or from or to a director, officer, or employee of such trustee or of an affiliate; or from or to a relative, employer, partner, or other business associate of a trustee, except with the approval of the district court having jurisdiction of the trust estate and of the accounting thereof.

Definitions

 

 

 

 

 

 

 

 

 

 

 

Loan of trust funds

 

 

 

Corporate trustee depositing trust funds with self


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ê1941 Statutes of Nevada, Page 322 (CHAPTER 136, SB 19)ê

 

Trustee buying from or selling to self

 

 

 

Trustee selling from one trust to another trust

 

 

Corporate trustee buying its own stock

 

Voting stock

 

 

Holding stock in name of nominee