[Rev. 12/19/2019 6:15:34 PM]

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ê1943 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

FORTY-FIRST SESSION OF THE LEGISLATURE

 

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1943

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CHAPTER 1, SB 1

[Senate Bill No. 1–Senator Tallman]

 

Chapter 1–An Act to create a legislative fund.

 

[Approved January 20, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of forty thousand dollars ($40,000), which shall constitute the legislative fund.

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

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

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

 

 

 

 

 

 

 

 

 

Legislative fund

 

 

 

 

 

Payment

 

 

 

 

Reversion

 

In effect

 

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ê1943 Statutes of Nevada, Page 2ê

CHAPTER 2, AB 4

 

 

 

 

 

 

 

 

 

 

Purchase of facsimile device

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 4–Mr. Burke]

 

Chap. 2–An Act authorizing the state treasurer to use a facsimile signature to pay warrants drawn upon him by the state controller.

 

[Approved January 30, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state treasurer is hereby authorized to use a facsimile signature produced through a mechanical device in place of his hand-written signature whenever the necessity may arise; provided, however, that said mechanical device shall be of such nature that said facsimile may be removed from said mechanical device and kept in a separate secure place; and provided further, that said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision; and provided further, that all of said mechanical device shall at all times be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

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

 

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CHAPTER 3, AB 22

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 22–Mr. Tandy]

 

Chap. 3–An Act to appropriate money to the state welfare department for its use in completing relief projects provided for in 1941 Statutes of Nevada, chapter 81.

 

[Approved February 3, 1943]

 

      Whereas, The Nevada legislature in 1941 appropriated $60,000 for state cooperation with the United States government in administering relief, distributing surplus commodities, et cetera, as is more fully set out in 1941 Statutes of Nevada, chapter 81; and

      Whereas, By the terms of said act the state’s participation ceases “in the event the federal government shall discontinue its employment relief”; and

      Whereas, The federal government has announced that it will discontinue its employment relief in Nevada on February 1, 1943; and

      Whereas, The state welfare department will require several months to satisfactorily close the projects now in existence in the State of Nevada; and

      Whereas, There is a balance of $20,000 from the appropriation provided for in chapter 81, 1941 Statutes of Nevada, which will revert to the general fund of the state treasury when the federal government discontinues its employment relief; now, therefore,

 


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ê1943 Statutes of Nevada, Page 3 (CHAPTER 3, AB 22)ê

 

which will revert to the general fund of the state treasury when the federal government discontinues its employment relief; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of the general fund of the state treasury not otherwise appropriated the sum of $6,000 to be expended by the state welfare department through its board of relief, work planning, and pension control in completing projects now in existence and being conducted in accordance with and under the provisions of chapter 81, 1941 Statutes, such expenditure hereunder to be made prior to July 1, 1943.

      Sec. 2.  All claims against this appropriation shall be audited by the state board of relief, work planning, and pension control and, if approved, shall be forwarded to the state board of examiners for its approval, and the state controller is thereafter authorized and directed to draw his warrants and the state treasurer is authorized and directed to pay such claims.

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

 

 

 

 

 

 

Appropriation $6,000

 

 

 

 

 

Duties of boards

 

 

 

 

In effect

 

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CHAPTER 4, AB 3

[Assembly Bill No. 3–Elko County Delegation]

 

Chap. 4–An Act to amend section 10 of an act entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” approved March 30, 1935.

 

[Approved February 3, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed one hundred and twenty-five dollars per month for any one of such assistants, and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistant, and to fix, from time to time, the rate per mile traveled to be allowed as expenses for travel by officers or their deputies; provided, such rate shall not be in excess of ten cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners may appoint additional assistance


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ê1943 Statutes of Nevada, Page 4 (CHAPTER 4, AB 3)ê

 

 

 

 

 

Repeal

 

In effect

deputy or assistant, and to fix, from time to time, the rate per mile traveled to be allowed as expenses for travel by officers or their deputies; provided, such rate shall not be in excess of ten cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

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

      Sec. 3.  This act shall be in full force and effect from and after April 1, 1943.

 

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CHAPTER 5, AB 14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total liability not to exceed twenty-five percent

[Assembly Bill No. 14–Mr. McElroy]

 

Chap. 5–An Act to amend an act entitled “An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies,” approved March 28, 1933, as amended.

 

[Approved February 10, 1943]

 

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

Assembly, do enact as follows:

 

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

      Section 15.  The total liability to any bank of any person, company, corporation, or firm for money borrowed, including in the liability of any unincorporated company or firm the liabilities of the several members thereof, shall not at any time exceed twenty-five percent of the capital and surplus of such bank, actually paid in, but the discount of bills of exchange drawn in good faith against actual existing values, as collateral security, and a discount or purchase of commercial or business paper, actually owned by the persons, shall not be considered as money borrowed. Neither the limitation on loans by banks contained in this section nor any other similar limitations contained in any law of this state, relating to banks or banking, shall apply to any loan or loans made by any bank to the extent that the same are secured or covered by guaranties or by commitments or agreements to take over or to purchase, made by any federal reserve bank or by the United States or any department, bureau, board, commission, or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.


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ê1943 Statutes of Nevada, Page 5 (CHAPTER 5, AB 14)ê

 

other similar limitations contained in any law of this state, relating to banks or banking, shall apply to any loan or loans made by any bank to the extent that the same are secured or covered by guaranties or by commitments or agreements to take over or to purchase, made by any federal reserve bank or by the United States or any department, bureau, board, commission, or establishment of the United States, including any corporation wholly owned, directly or indirectly, by the United States.

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

 

 

 

 

 

 

In effect

 

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CHAPTER 6, SB 7

[Senate Bill No. 7–Senators Farndale and Caughman]

 

Chap. 6–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, together with the acts amendatory thereof or supplemental thereto.

 

[Approved February 10, 1943]

 

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 6418 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 5.  All property of every kind and nature whatsoever within this state shall be subject to taxation except:

      First-All lands and other property owned by the state, or by the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also, nonprofit private schools, with lots appurtenant thereto, and furniture and equipment; drainage ditches and canals, together with the lands which are included in the rights of way of such.

      Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so constructed as to exempt from taxation possessory claims to the public lands of the United States, or of this state, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.

      Third-Churches, chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto, and parsonages; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property exempt

 

 

 

 

 

 

Mines exempt, possessory claims taxed


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ê1943 Statutes of Nevada, Page 6 (CHAPTER 6, SB 7)ê

 

Church property exempt, limitations

 

 

Fraternal organizations exempt, limitations

 

 

 

 

 

Graveyards exempt, when

 

Widows and orphans exempt, when

 

 

 

 

 

 

Ex-service men or women exempted $1,000

 

 

 

 

 

 

 

 

Fraternity property connected with university exempt, limitations

the lots of ground on which they stand, used therewith and necessary thereto, and parsonages; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

      Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.

      Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.

      Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed anyone the total value of whose property within the state exceeds six thousand dollars.

      Seventh-The real property owned and used by any post of any national organization of ex-service men or women. The separate and/or community property, not to exceed the amount of one thousand ($1,000) dollars, of any person who has served, or is serving, in the army, navy, marine corps, revenue marine, or in any other branch of the armed forces of the United States in time of war, and in the event of the severance of such service has received an honorable discharge therefrom; provided, that such exemption shall be allowed only to claimants who shall make an affidavit annually before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, and that the total value of all property of affiant within this state is less than four thousand dollars.

      Eighth-There shall also be exempt from taxation all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.


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ê1943 Statutes of Nevada, Page 7 (CHAPTER 6, SB 7)ê

 

exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.

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

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

 

 

Repeal

 

In effect

 

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CHAPTER 7, SB 2

[Senate Bill No. 2–Committee on Ways and Means]

 

Chap. 7–An Act to amend section 1, and to repeal section 2 of an act entitled “An act authorizing the state treasurer of the State of Nevada to accept from the government of the United States certain sums of money approximating the sum of $300,000 annually, as provided by an act of Congress of the United States, designated as ‘An act authorizing the secretary of the interior to promulgate and put into effect charges for electrical energy generated at Boulder dam, providing for the application of revenues from said project, authorizing the operation of the Boulder power plant by the United States, directly or through agents and for other purposes, approved July 19, 1940, and known and cited as “Boulder canyon project adjustment act,” directing the state treasurer of the State of Nevada, and other persons, as to the distribution thereof, and other matters properly relating thereto,’” approved March 28, 1941, being chapter 141, 1941 Statutes of Nevada.

 

[Became a law February 16, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 141, 1941 Statutes of Nevada, is hereby amended to read as follows:

      Section 1.  If and when said Boulder canyon project adjustment act becomes effective, and whenever and as often as any payments are made to the treasurer of the State of Nevada, the said treasurer shall accept the same and such payments shall be placed by the said state treasurer in the general fund of the State of Nevada.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of Boulder canyon payments

 

 

Repeal

In effect

 

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ê1943 Statutes of Nevada, Page 8ê

CHAPTER 8, AB 33

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of land legalized

 

 

 

 

 

 

In effect

[Assembly Bill No. 33–Mr. Jepson]

 

Chap. 8–An Act authorizing and directing the board of regents of the University of Nevada to accept for and on behalf of the State of Nevada a good and sufficient deed to certain lots or parcels of land from the Nevada Art Gallery, Inc., prescribing the duties of the board of regents of the University of Nevada in relation thereto, and other matters properly relating thereto.

 

[Approved February 16, 1943]

 

      Whereas, The Nevada Art Gallery, Inc., is possessed of certain lots or parcels of land situated in the city of Reno which are being held as a site for a proposed art gallery building to be erected by private or public funds; and

      Whereas, The said Nevada Art Gallery, Inc., desires to deed this property to the State of Nevada for the use of the University of Nevada in connection with its art department; and

      Whereas, Said proposed art gallery would be a valuable addition to the art department of the University of Nevada and of great value to the University of Nevada and to the citizens of the state; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of regents of the University of Nevada is hereby authorized and directed to accept for and on behalf of the State of Nevada a good and sufficient deed for certain lots or parcels of land, free from all encumbrances, from the Nevada Art Gallery, Inc.; said lots or parcels of land to be held in trust by said board of regents as a site for a proposed art gallery building; provided, that nothing in this act shall be construed as authorizing the expenditure of any state funds for the improvement of said lots or parcels of land or for the erection of any building or buildings thereon.

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

 

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ê1943 Statutes of Nevada, Page 9ê

CHAPTER 9, AB 10

[Assembly Bill No. 10–Mr. Grant]

 

Chap. 9–An Act to authorize the board of dental examiners of Nevada to issue, modify, and revoke temporary licenses to practice dentistry within therein particularly designated parts of the state, to make lawful and regulate the practice of dentistry under such temporary licenses, and other matters relating thereto, and to fix the date of the expiration hereof.

 

[Approved February 16, 1943]

 

      Whereas, An emergency now exists in certain sections of the State of Nevada relative to the availability of dental services, due to the entry of Nevada dentists into the armed forces of the United States, and also the unusual and unforeseen increase in the population of certain sections of the state as a result of war and related activities, and also due to the inability of people, under gasoline rationing, to travel for the purpose of securing dental services; and

      Whereas, It is highly imperative that this emergency be met by suitable temporary legislation; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever, in the opinion of the board of dental examiners of Nevada, the conditions existing in any particular part of the state make such action advisable, said board is authorized, in its discretion, to grant to any dentist, whom they believe to be qualified, a temporary license to practice dentistry in a therein particularly specified part of the State of Nevada for and during the period of time limited as in section 6 hereof provided.

      Sec. 2.  It shall be lawful for the holder of any license issued in accordance with the preceding section of this act to practice dentistry within the territorial limits specified in said license and during the time limit thereof.

      Sec. 3.  Any person practicing dentistry under the authority of such temporary license shall be subject to and governed by all the statutory regulations covering the practice of dentistry in the State of Nevada, and shall be required to pay the same license fees as are so required.

      Sec. 4.  The board of dental examiners of Nevada may revoke any license by them issued under the authority of this act for any conduct which is made statutory grounds for revocation of a dental license under the general laws governing the practice of dentistry, and in the manner and under the procedure therein provided; and said board may also in like manner revoke any license by it granted under the authority of this act if the holder thereof shall practice, or attempt to practice, dentistry elsewhere than within the territorial limits specified in said license.

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Granting temporary licenses permissible

 

 

 

 

Limitations specified

 

 

Licensee to pay fee

 

 

 

Board may revoke license, when


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ê1943 Statutes of Nevada, Page 10 (CHAPTER 9, AB 10)ê

 

 

 

Additional powers of board

 

Expiration date

 

Declared emergency measure

 

In effect

or attempt to practice, dentistry elsewhere than within the territorial limits specified in said license.

      Sec. 5.  The board of dental examiners of Nevada may from time to time, by appropriate order, and in its discretion, restrict, enlarge, or change the territorial limits of any license by it issued under the authority of this act.

      Sec. 6.  Every license issued under the authority of this act shall by its terms be limited to expire, and shall expire, on the 30th day of June 1945.

      Sec. 7.  This act shall be construed as emergency legislation supplementing, but not repealing, the general laws regulating the practice of dentistry in the State of Nevada.

      Sec. 8.  This act shall be effective from and after its passage and approval, and shall expire by limitation on June 30, 1945.

 

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CHAPTER 10, SB 45

 

 

 

 

 

 

 

 

 

Legislative fund

 

 

 

 

 

Payment

 

 

 

 

Reversion

 

In effect

[Senate Bill No. 45–Senator Tallman]

 

Chap. 10–An Act to create a legislative fund.

 

[Approved February 18, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of twenty thousand dollars ($20,000), which shall constitute the legislative fund.

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

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

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

 

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ê1943 Statutes of Nevada, Page 11ê

CHAPTER 11, AB 44

[Assembly Bill No. 44–Mr. Dickerson]

 

Chap. 11–An Act to amend an act entitled “An act to provide educational facilities for the children in the state orphans’ home and other matters properly connected therewith,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 7599, N. C. L. 1929, as amended by chapter 27, Statutes of Nevada 1941, is hereby amended to read as follows:

      Section 1.  The children residing at the state orphans’ home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred dollars ($7,500) for the biennium ending June 30, 1945, paid out of the general fund of the state treasury, the children of the state orphans’ home shall be entitled to attend, and shall attend, the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, including the domestic and manual arts in the elementary grades, with the addition of commercial branches in the high school, all of which shall be of standard character approved by the state board of education.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tuition for orphans

 

 

 

 

 

 

 

 

In effect

 

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CHAPTER 12, AB 26

[Assembly Bill No. 26–Clark County Delegation]

 

Chap. 12–An Act to amend an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof and authorizing the establishment of a city government therefor, and other matters relating thereto,” approved March 16, 1911, by adding thereto a section to be known as section 31 1/2 of chapter 2.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and authorizing the establishment of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended, is hereby amended by adding a new section thereto, to be known as section 31 1/2 of chapter 2, to read as follows:

 

 


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ê1943 Statutes of Nevada, Page 12 (CHAPTER 12, AB 26)ê

 

 

Additional powers granted

 

 

 

 

 

 

 

In effect

new section thereto, to be known as section 31 1/2 of chapter 2, to read as follows:

      Section 31 1/2.  In addition to the powers granted to the board of commissioners by section 31 of chapter 2 of the above-entitled act, as amended, the said board of commissioners shall have the power:

      To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.

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

 

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CHAPTER 13, SB 12

 

 

 

 

 

 

 

 

 

 

 

Appropriation $10,000

 

 

 

 

Duties of controller and treasurer

 

 

 

 

 

 

Proviso

[Senate Bill No. 12–Senators Lemaire, Robbins, and Russell]

 

Chap. 13–An Act providing an appropriation to be used by Nevada wing 96 of civil air patrol for certain specific purposes, providing for the manner of the payment and disbursement thereof, and for the reversion of unexpended funds.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the general fund of the State of Nevada not otherwise appropriated, the sum of ten thousand dollars ($10,000) for the use of the Nevada wing 96 of civil air patrol, established pursuant to executive order of the president of the United States of America on December 1, 1941, for the period ending March 1, 1945.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant upon voucher and certification from the wing commander and wing executive officer of said Nevada wing 96 of civil air patrol, as the same may be presented, for the purpose of defraying the expenses of the Nevada wing 96 of civil air patrol while engaged in crash, rescue, and emergency operations, and for the purpose of defraying the cost of purchase, repair or maintenance of emergency equipment by the Nevada wing 96 of civil air patrol for the purpose of enabling said organization to carry on crash, rescue, and emergency operations, and the treasurer of the State of Nevada is hereby directed to pay the said warrant; provided, however, that in the event that said Nevada wing 96 of civil air patrol shall be disbanded by executive order of the president of the United States of America, or if all of said sum of ten thousand dollars ($10,000) shall not be expended prior to the 1st day of March 1945, the balance of the said sum remaining unexpended shall on the 1st day of March 1945 revert to the general fund of the State of Nevada.


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ê1943 Statutes of Nevada, Page 13 (CHAPTER 13, SB 12)ê

 

Nevada wing 96 of civil air patrol shall be disbanded by executive order of the president of the United States of America, or if all of said sum of ten thousand dollars ($10,000) shall not be expended prior to the 1st day of March 1945, the balance of the said sum remaining unexpended shall on the 1st day of March 1945 revert to the general fund of the State of Nevada.

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

 

 

 

 

 

In effect

 

________

 

CHAPTER 14, SB 15

[Senate Bill No. 15–Senator Cowles]

 

Chap. 14–An Act to amend section 8 of an act entitled “An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of boards of county commissioners in every county,” approved February 25, 1925.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the act above referred to, being section 2320 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  It is hereby declared to be the duty of the board of county commissioners in each county to adopt proper rules and regulations to carry into effect the aims and purposes and objects of this act. It shall be competent for the board of county commissioners herein to appoint such person or persons, from time to time, to act for such board in carrying out the object or objects and purposes of this act, as may appear necessary. All persons entitled to relief under this act shall file with the board of county commissioners of the county from which they seek relief their name and address, and if the address is changed a statement should be filed showing such change of address to which the county commissioners shall mail all communications addressed to each such recipient and all checks, remittances, or vouchers shall be labeled “aid to the blind” and shall not have any reference to indigent fund or to indigents.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of county commissioners

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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ê1943 Statutes of Nevada, Page 14ê

CHAPTER 15, SB 22

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of education to issue special certificates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 22–Committee on Education, State Library, and Public Morals]

 

Chap. 15–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 33 of the above-entitled act, being section 5682 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 33.  The state board of education shall grant special certificates valid for teaching music, drawing, manual training, penmanship, commercial subjects, kindergarten work, or any specified foreign language; provided, that it shall be satisfied that the applicant is qualified to teach such special subject. The board shall determine as to the fitness of the applicant by whatever method shall appear to be most appropriate. Such certificate shall be valid for two years. A special certificate shall entitle the holder to teach only the subject or subjects mentioned in the certificate. In order that high school students may be prepared to render specialized service when inducted into the armed forces of their country, the state board of education is hereby empowered to grant special war emergency certificates, valid for the duration of the present war, or for such portion of that period as it may deem proper, in that subject, or those subjects, which the state board of education may deem essential to the war effort; provided, that the board shall first be satisfied that the applicant is qualified to teach such special subject or subjects. The board shall adopt rules and regulation regarding the training and preparation of applicants for special war emergency certificates. A special war emergency certificate shall entitle the holder to teach only the subject or subjects mentioned in the certificate.

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

 

________

 

 


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ê1943 Statutes of Nevada, Page 15ê

CHAPTER 16, SB 11

[Senate Bill No. 11–Committee on Judiciary]

 

Chap. 16–An Act authorizing the filing and recording and furnishing certified copies without charge by the several county recorders of this state of instruments tendered by the United States and other matters relating thereto.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county recorders of the various counties of this state are hereby required, free of charge therefor, to file and record in their respective offices and in the books provided therefor, deeds of conveyances or judgments vesting or perfecting title in the United States, and to certify, free of charge, copies of such instruments furnished by the interested government representative.

      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.

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county recorders

 

 

Repeal

In effect

 

________

 

CHAPTER 17, AB 67

[Assembly Bill No. 67–Mr. Donnelly]

 

Chap. 17–An Act to establish commissioner districts in the county of Mineral, and provide for the election therefrom of members of the board of county commissioners.

 

[Approved February 22, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county of Mineral is hereby divided into three (3) commissioner districts for the purpose of nominating such commissioners. The commissioners must be residents of and qualified electors in the districts as hereinafter enumerated. The commissioner from district number 1 shall be a resident of and an elector in the Hawthorne precincts. The commissioner from district number 2 shall be a resident of and an elector in the Mina, Luning, or Mount Montgomery precincts. The commissioner from district number 3 shall be a resident of and elector in any precinct in the county including the precincts enumerated in district number 1 and number 2 aforesaid.

      Sec. 2.  Beginning with the regular elections to be held in Mineral County in the year 1944, there shall be one long-term commissioner elected to take office in January 1945 who shall serve for a term of four (4) years, and who shall be a qualified elector of district number 2, as hereinabove described, and one short-term commissioner, elected to take office in January 1945, who shall serve for a term of two (2) years, who shall be a qualified elector and resident of district number 3, as hereinabove described.

 

 

 

 

 

 

 

 

 

 

 

Commissioner districts established

 

 

 

 

 

 

 

How elected and terms of office


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

ê1943 Statutes of Nevada, Page 16 (CHAPTER 17, AB 67)ê

 

 

 

 

 

Two to be elected each biennium

 

 

Vacancy, how filled

 

 

 

Elected at large

 

In effect

described, and one short-term commissioner, elected to take office in January 1945, who shall serve for a term of two (2) years, who shall be a qualified elector and resident of district number 3, as hereinabove described.

      At each regular election thereafter there shall be elected two county commissioners, one long-term and one short-term, who shall be bona fide residents of and qualified electors of said districts of which the terms of office of commissioner shall expire on the ensuing first Monday of January thereafter; provided, the long-term commissioner shall be accredited in direct biennial rotation to each of the three districts hereinabove described; provided further, that in the event of a vacancy occurring in the membership from any of said districts, his successor shall be appointed from the bona fide residents and qualified electors of the district in which the vacancy occurs.

      Sec. 3.  County commissioners for the respective districts shall be elected by the vote of the qualified electors at large throughout the said county.

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

 

________

 

CHAPTER 18, AB 16

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 16–Mr. Jepson]

 

Chap. 18–An Act for the relief of the office of superintendent of public instruction for the care of the deaf, dumb, and blind, and making an appropriation therefor.

 

[Approved February 22, 1943]

 

      Whereas, The tuition and expenses of maintenance of the deaf, dumb, and blind persons of Nevada at institutions of instruction in other states has increased fifty dollars per person for the school year; and

      Whereas, The sum of $12,650 appropriated for such purpose by the 1941 legislature is and will be insufficient to pay the tuition and expenses of the twelve Nevada persons now receiving instruction under the laws of this state relating to deaf, dumb, and blind persons for the remainder of this biennium; and

      Whereas, The additional sum of $2,200 is and will be needed for such purpose; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of $2,200 as and for the payment of the increased costs of tuition and maintenance, during the remainder of the present biennium, of the deaf, dumb, and blind persons of this state receiving instruction in institutions therefor.


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

ê1943 Statutes of Nevada, Page 17 (CHAPTER 18, AB 16)ê

 

$2,200 as and for the payment of the increased costs of tuition and maintenance, during the remainder of the present biennium, of the deaf, dumb, and blind persons of this state receiving instruction in institutions therefor. The state controller is hereby authorized and directed to draw his warrant or warrants for claims against said sum when presented, and the state treasurer shall pay the same.

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

Additional appropriation

 

 

 

In effect

 

________

 

CHAPTER 19, AB 23

[Assembly Bill No. 23–Washoe County Delegation]

 

Chap. 19–An Act to amend an act entitled “An act to enable counties to establish and maintain public hospitals, levy a tax, and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929, as amended by chapter 105 Statutes of 1937.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being section 2228 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 4.  The board of hospital trustees shall make and adopt such bylaws, rules, and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this act or the ordinances of the city or town wherein such hospital is located. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the hospital fund, and of the purchase of the site or sites, the purchase or construction of any hospital building or buildings, and of the supervision, care, and custody of the grounds, rooms, or buildings purchased, constructed, leased, or set apart for that purpose; provided, that all moneys received for such hospital shall be deposited in the treasury of the county in which such hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of said county or counties upon properly authenticated vouchers of the hospital board, after approval of the same by the county auditor. Said board of hospital trustees shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and to fix their compensations, and shall also have power to remove such appointees; and shall in general carry out the spirit and intent of this act in establishing and maintaining a county public hospital.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of trustees


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

ê1943 Statutes of Nevada, Page 18 (CHAPTER 19, AB 23)ê

 

Powers and duties of trustees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

in establishing and maintaining a county public hospital. The board of hospital trustees shall hold meetings at least once each month, shall keep a complete record of all its transactions, and three (3) members of said board shall constitute a quorum for the transaction of business. One of said trustees shall visit and examine said hospital twice each month and the board shall, during the first week in February of each year, file with the board of county commissioners of said county a report of their proceedings with reference to such hospital, and shall file with said board of county commissioners during the first week in February in each year a budget as required of all governmental agencies of this state by an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, as amended, and in the fiscal management of the affairs of said public hospital and all other institutions under the supervision, government, and control of the board of hospital trustees shall be governed by the provisions of said act as amended. No trustee shall have personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.

      The board of hospital trustees shall have power by proper legal action to collect claims due, owing, and unpaid to said public hospital from any person dealing with the same, and they are hereby authorized to pay from the hospital fund herein provided for all fees and expenses necessarily incurred by said board of hospital trustees in connection with the collection of said claims.

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

 

________

 

CHAPTER 20, AB 36

 

[Assembly Bill No. 36–Nye, Humboldt, Pershing, Mineral, Lincoln, and Clark County Delegations]

 

Chap. 20–An Act to aid the prosecution of the war by providing for the creation of local agencies to cooperate with the federal government in making housing available for persons engaged in war industries and activities, and by granting certain powers to public bodies and other matters properly relating thereto.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Findings.  The prosecution of the war requires a great migration of persons to engage in war industries and activities and would be jeopardized unless housing is made available for such persons.


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ê1943 Statutes of Nevada, Page 19 (CHAPTER 20, AB 36)ê

 

activities and would be jeopardized unless housing is made available for such persons. An acute shortage of housing for such persons exists or impends in localities in the state. The Congress of the United States of America has enacted legislation and provided funds for the federal government to make housing available for such persons in localities where an acute shortage of housing exists or impends. It is therefore of vital importance that immediate provision be made for the creation of local agencies to aid and cooperate with the federal government in making such housing available. That in each instance where a housing project is created under the provisions of this act and the provisions of the so-called “Lanham Act,” passed and adopted by the Congress of the United States and approved by the president on the 21st day of January 1942, direct cash payments in lieu of taxes will be paid annually to each taxing unit in which such project is situate to the end that such projects will bear the same share of the cost of government and municipal improvement as though such projects were subject to assessment and taxation in the same manner as privately owned property.

      Sec. 2.  Creation.  Upon the adoption of a resolution by the governing body of a city, town, or county, that there exists or impends an acute shortage of housing in such city or county for persons engaged or to be engaged in war industries or activities, there shall hereby be created a public body corporate which shall be known as the housing authority of such city, town, or county. Upon the adoption of a resolution as aforesaid, the chief executive of the city or town or the governing body of the county, as the case may be, shall thereupon appoint five persons to serve as commissioners of the authority for such time that this act shall remain in effect or for four years, whichever time is shorter. Any vacancies which may occur during the time that this act remains in effect shall be filled by appointment as aforesaid. An authority shall select a chairman and a vice chairman from its commissioners. No commissioner shall receive compensation for his services, but shall be entitled to necessary expenses, including travel expenses incurred in the discharge of his duties. As used in this act, the word “city” shall mean any incorporated city or incorporated town in the state, and the word “town” shall mean any town for which the board of county commissioners act as a town board.

      Sec. 3.  Powers.  An authority shall have all the powers necessary or convenient to aid and cooperate with the federal government or any agency or instrumentality thereof in making housing available for persons engaged or to be engaged in war industries or activities, including the following powers: To act at its discretion as agent of the federal government in developing and administering projects undertaken by the federal government to provide such housing, and to have advanced to it by the federal government such sums of money as may be necessary in acting as such agent on behalf of the federal government; at its discretion to lease such projects from the federal government; to arrange with public bodies and private agencies for such services and facilities as may be needed for such projects; to employ such personnel and make such expenditures as may be necessary to be paid for out of rents or moneys advanced by the federal government; to sue and be sued in its official capacity, but not otherwise; and to execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes hereof; provided, that an authority may not obligate the state or any city, town, county, or other political subdivision thereby.

Provision for creation of local housing agencies

 

 

 

 

 

 

 

 

 

 

 

 

Housing authority, how created

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and duties of housing authority


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

ê1943 Statutes of Nevada, Page 20 (CHAPTER 20, AB 36)ê

 

Powers and duties of housing authority

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expiration date

 

 

In effect

government in developing and administering projects undertaken by the federal government to provide such housing, and to have advanced to it by the federal government such sums of money as may be necessary in acting as such agent on behalf of the federal government; at its discretion to lease such projects from the federal government; to arrange with public bodies and private agencies for such services and facilities as may be needed for such projects; to employ such personnel and make such expenditures as may be necessary to be paid for out of rents or moneys advanced by the federal government; to sue and be sued in its official capacity, but not otherwise; and to execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes hereof; provided, that an authority may not obligate the state or any city, town, county, or other political subdivision thereby. An authority may exercise such powers and functions within its area of operation and so long as this act shall remain in effect. The area of operation of an authority shall be the area within the territorial boundaries of the city, town, or county for which it was created; provided, that the area within the territorial boundaries of any other city, town, or county may be included within the authority’s area of operation if the governing body of such city, town, or county shall, by resolution, consent to such inclusion. In addition to the powers otherwise conferred upon them, any city, town, or county, or other public body may furnish or contract to furnish, upon such terms as it deems advisable, public services or facilities for projects herein referred to which may be located outside its territorial boundaries when the governing body of the city, town, or county, or other public body, as the case may be, in which such project is located, shall, by resolution, consent thereto.

      Sec. 4.  Expiration.  This act shall remain in effect until the end of the first regular session of the legislature which convenes after the termination of the present war.

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

 

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ê1943 Statutes of Nevada, Page 21ê

CHAPTER 21, AB 2

[Assembly Bill No. 2–Messrs. Jepson and Covington]

 

Chap. 21–An Act to amend an act entitled “An act to incorporate the town of Sparks in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise especially provided for. He shall be clerk of the council, attend all its meetings, whether regular or special, and record all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents, or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council, not exceeding twenty-four hundred ($2,400) dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every four years.

      Sec. 2.  Section 22b of the above-entitled act is hereby amended to read as follows:

      Section 22b.  The city attorney shall receive a salary in the sum of not to exceed eighteen hundred ($1,800) dollars per annum, to be fixed by the city council, payable monthly.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of city clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of city attorney


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ê1943 Statutes of Nevada, Page 22 (CHAPTER 21, AB 2)ê

 

Repeal

 

In effect

      Sec. 3.  All acts or parts of acts, whether general, special, or local, inconsistent with the provisions of this act are hereby repealed.

      Sec. 4.  This act shall be in full force and effect after May 1, 1943.

 

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CHAPTER 22, AB 29

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executive department

 

Mayor, duties and qualifications

 

 

Term of office

[Assembly Bill No. 29–Washoe County Delegation]

 

Chap. 22–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 sections 1 and 5 of article III, section 2 of article V, sections 1 and 2 of article IX, section 1 of article X, and section 10k of article XII thereof, and by adding to article IX a new section to be known as section 4, and by adding to article XII thereof two new sections to be known as section 10m and section 10n, and by adding thereto a new article to be known as article XX, establishing a civil service commission for the city of Reno.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of article III of said act entitled above is hereby amended so as to read as follows:

      Section 1.  The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident of the city for a period of at least two years next preceding his election, and shall be an elector and taxpayer in the city and he shall be chosen by the qualified electors thereof at large, whose names appear upon the official register as hereinafter provided and who are actual bona fide residents of the city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor shall have been duly elected and qualified. The mayor shall be the chief executor of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof, with which they execute their official duties, and especially in respect to the collection, administration, and disbursement of the public funds, and all books, papers, records, and documents of said city shall at all times be open to his inspection, and official misconduct or willful neglect of duty shall be reported by him to the city council. He shall from time to time give the city council information, in writing, relative to the state of the city and recommend such measures as he may deem beneficial to the city.


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ê1943 Statutes of Nevada, Page 23 (CHAPTER 22, AB 29)ê

 

in writing, relative to the state of the city and recommend such measures as he may deem beneficial to the city. He shall see that the general laws, the provisions of this charter and all ordinances, rules, and regulations of said city are observed and enforced, and shall take all proper measures for the preservation of the public peace, order, and the suppression of riots, tumults, and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and without regard to the provisions of this charter relating to civil service, and to use and command the police force, or call upon the sheriff of said county, or, if such forces be inadequate, it shall be his duty to call upon the governor for military aid in the manner provided by law.

      Sec. 2.  Section 5 of article III of said act entitled above is hereby amended so as to read as follows:

      Section 5.  The mayor shall, subject to confirmation by the city council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law, and in accordance with the provisions of this charter relating to civil service insofar as the same are applicable to such appointments. The mayor shall submit such appointments to the city council for their confirmation at the first meeting subsequent to his making such appointment and in case the person so appointed is not confirmed by a majority vote of all the members elected, the mayor shall appoint another, and so on until the office is filled. The mayor shall make all appointments by him to be made immediately subsequent to his qualification as mayor after any regular municipal election, or as soon thereafter as the provisions of this charter relative to civil service shall permit, and at such other times as may be necessary.

      Sec. 3.  Section 2 of article V of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The city attorney shall be the legal adviser of the council and all officers of the city in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested, and he shall represent the chiefs of departments of the city in all proceedings before the civil service commission, and he shall furnish to the civil service commission such clerical assistance as such commission may reasonably require. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city, and shall perform such other and further duties as may be required of him by the council, or prescribed by ordinance. He shall be present at all meetings of the council, draw all ordinances, orders, rules, and resolutions required by the council.

 

 

 

 

Suppress public disturbances

 

 

 

 

 

 

Mayor may appoint city officers, subject to confirmation

 

 

 

 

 

 

 

 

 

 

Duties of city attorney


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ê1943 Statutes of Nevada, Page 24 (CHAPTER 22, AB 29)ê

 

 

 

Chief of police qualifications

 

 

 

 

 

 

 

Duties of chief of police

 

 

 

 

 

 

 

 

Additional duties

 

 

 

 

 

 

Chief of fire department

      Sec. 4.  Section 1 of article IX of said act entitled above is hereby amended so as to read as follows:

      Section 1.  There shall be a chief of police of said city who shall be appointed by the mayor, subject to confirmation by the city council. Such appointment shall be made in accordance with the provisions of this charter relating to civil service, and he shall have been a member of the police department of the city for a period of not less than five (5) years continuously and immediately preceding his appointment. He shall be of the age of not less than thirty years. The city council shall have power to fix the number of police officers needed by the city and to fix the salaries thereof.

      Sec. 5.  Section 2 of article IX of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The chief of police shall have command and control of the police force of the city, and may suspend any police officer for cause, subject to the civil service provisions of this charter. He shall be vigilant in the detection of crimes and the speedy apprehension of all criminals and offenders, and shall diligently see that all ordinances of the city of a police nature, the general laws of the state, and the provisions of this charter are rigidly enforced and observed.

      Sec. 6.  The above-entitled act is further amended by adding to article IX thereof a new section to be known as section 4, which shall immediately follow section 3 of article IX of said act, and which shall read as follows:

      Section 4.  The chief of police in the exercise of his duties shall have the power, subject to the approval of the city council, to prescribe, promulgate and enforce rules and regulations for the government of the members and employees of the department, which shall, however, not be inconsistent with the charter and ordinances of the city, or the laws of the state.

      Sec. 7.  Section 1 of article X of said act entitled above is hereby amended so as to read as follows:

      Section 1.  There shall be a chief of the fire department who shall be appointed by the mayor, subject to confirmation by the council. Such appointment shall be made in accordance with the provisions of this charter relating to civil service, and he shall have been a member of the fire department of the city for a period of not less than five (5) years continuously and immediately preceding his appointment. He shall give his entire time and attention to the duties of his office. He shall have the power, subject to the approval of the city council, to prescribe, promulgate, and enforce rules and regulations for the government of the members and employees of the fire department, which shall, however, not be inconsistent with the charter and ordinances of the city, or the laws of the state.


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

ê1943 Statutes of Nevada, Page 25 (CHAPTER 22, AB 29)ê

 

or the laws of the state. He shall see that all rules, regulations, laws, and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department, and, from time to time, shall report to the council, with his recommendations for the betterment of the department and to increase its efficiency. The city council shall have power to fix the number of firemen needed by the city and to fix the salaries thereof.

      Sec. 8.  Section 10k of article XII of said 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, upon order of the city council such excess may be invested in bonds issued by the city of Reno, the county of Washoe, the State of Nevada or the United States of America, or 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, unless such officer or employee shall have been in the employ of the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years, in which event the city may authorize the payment to such employee of an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over and above said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of the pension granted exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time said officer or employee is pensioned.

 

 

 

 

 

 

 

 

City council may provide ordinance for pension fund


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

ê1943 Statutes of Nevada, Page 26 (CHAPTER 22, AB 29)ê

 

City council may provide ordinance for pension fund

 

 

 

 

 

 

 

 

 

 

 

 

 

Disability benefits

of an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over and above said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of the pension granted exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time said officer or employee is pensioned. The council may further, by ordinance, provide the number of days of employment or service which shall be deemed to constitute service for one year, for the purpose of determining eligibility for pension benefits, and the council may further require that all officers or employees of the city of Reno who are within the provisions of this charter relating to civil service, shall pay to the pension fund of the city five (5%) percent of their monthly salary or wages.

      Sec. 9.  The above-entitled act is further amended by adding to article XII thereof a new section to be known as section 10m, which shall immediately follow section 10k, and which shall read as follows:

      Section 10m.  The city council of the city of Reno may provide by ordinance that if any officer or employee of the city of Reno who is employed under the provisions of this charter relating to civil service shall become disabled as the result of injuries incurred in the performance of one or more specific acts of duty in the course of his employment, so that in the opinion of both the city council and the civil service commission, such officer or employee can no longer be employed in any position under civil service in the city, then and in that event any such officer or employee shall receive disability benefits to be paid from the pension fund of the city in an amount which shall not exceed the following: If such officer or employee shall not have five (5) years of service prior to sustaining the injury or injuries resulting in said disability, not to exceed thirty (30%) percent of his average wage or salary for the period preceding such injury or injuries; if such officer or employee shall have five (5) years and not ten (10) years of service prior to sustaining said injury or injuries, not to exceed thirty-five (35%) percent of the average wage or salary received during the five (5) years next preceding such injury; if such employee shall have ten (10) years and not fifteen (15) years of service prior to sustaining said injury or injuries, not to exceed forty (40%) percent of the average wage or salary received during the five (5) years next preceding such injury; if such officer or employee shall have fifteen (15) years and not twenty (20) years of service prior to sustaining said injury or injuries, not to exceed forty-five (45%) percent of the average wage or salary received during the five (5) years next preceding such injuries; if such officer or employee shall have twenty (20) years or more of service prior to sustaining said injury or injuries, not to exceed fifty (50%) percent of the average wage or salary received during the five (5) years next preceding such injury; provided, however, that if such officer or employee shall have been in such employment by the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years he shall be entitled to receive an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of such disability benefit exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time of such injury or injuries.


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

ê1943 Statutes of Nevada, Page 27 (CHAPTER 22, AB 29)ê

 

percent of the average wage or salary received during the five (5) years next preceding such injuries; if such officer or employee shall have twenty (20) years or more of service prior to sustaining said injury or injuries, not to exceed fifty (50%) percent of the average wage or salary received during the five (5) years next preceding such injury; provided, however, that if such officer or employee shall have been in such employment by the city for more than twenty-five (25) years and shall not have attained the age of sixty (60) years he shall be entitled to receive an additional one (1%) percent over and above said fifty (50%) percent for each year of service with the city over said period of twenty-five (25) years before such employee shall reach the age of sixty (60) years, but in no event shall the amount of such disability benefit exceed fifty-five (55%) percent of the average monthly wage or salary received by such employee during the five (5) years immediately preceding the time of such injury or injuries. The council may by ordinance further provide the number of days of employment or service which shall be deemed to constitute service for one year for the purpose of determining eligibility for disability benefits.

      Sec. 10.  The above-entitled act is further amended by adding to article XII thereof a new section to be known as section 10n, which shall immediately follow section 10m, and which shall read as follows:

      Section 10n.  The city council may by ordinance provide that no person shall be entitled to benefits from the pension fund of the city of Reno unless such person shall have been a contributor to said fund for a period of time equal to the number of years of service entitling such person to receive benefits, but said council may by ordinance permit, subject to such conditions as it may specify, any employee or officer of the city who may so elect, or who may hereafter be by ordinance or provision of this charter required to contribute to said pension fund, to pay into said pension fund a sum which shall not exceed five (5%) percent of the amount of the salary or wages received by such employee or officer from the city between the 30th day of June 1941, and the time of electing to accept the benefits of such ordinance, and upon the payment of said sum every such employee or officer shall be entitled to such benefits as the city of Reno may provide in accordance with the provisions of section 10k and section 10m of this article of this charter.

      Sec. 11.  The above-entitled act is further amended by adding thereto a new article to be known as article XX which shall immediately follow the provisions of article XIX of said act and shall read as follows:

Disability benefits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Who may not be eligible


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

ê1943 Statutes of Nevada, Page 28 (CHAPTER 22, AB 29)ê

 

 

 

 

 

Civil service commission created

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rules and regulations

ARTICLE XX

 

Civil Service Commission

 

      Section 1.  There shall be a civil service commission of the city of Reno, Nevada. The present members of the “Civil Service Commission of Reno, Nevada,” appointed pursuant to the provisions of chapter 95, Statutes of Nevada 1939, approved March 20, 1939, shall serve as the members of the civil service commission of Reno, Nevada, until the expiration of their respective terms of office as provided in said chapter 95, Statutes of Nevada 1939. Thereafter said civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. It shall be the duty of the city council, upon the expiration of the terms provided for in said chapter 95, Statutes of Nevada 1939, to appoint three members of said commission, designating the term of office of each, one to hold one year, one to hold two years, one to hold three years, and until their respective successors shall be appointed and qualified. Thereafter the term of office of each of the members of said commission shall be three years from the second Monday in July and until his successor is appointed and qualified. Every person appointed a member of said commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of the state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of such commission, and no person shall continue as a member of such commission, unless he shall be a resident and taxpayer of the city of Reno, who shall otherwise have no connection with the city government. Vacancies on the said civil service commission from whatever cause shall be filled by the city council by appointment of a successor for the unexpired term. Members of said commission shall serve without compensation.

      Sec. 2.  Said commission shall prepare and adopt such rules and regulations to govern the selection and appointment of persons to be hereafter employed in either the police department or the fire department of the city, and the members of any other department of the city which may hereafter be included within the provisions of this act, as in the judgment of said commission shall be adapted to secure the best service for the public in each department. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for the competitive examination of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought.


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

ê1943 Statutes of Nevada, Page 29 (CHAPTER 22, AB 29)ê

 

proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of position in the service and for a special course of inquiry and examination for candidates for each class. Such rules and regulations may further provide for disciplinary, suspension, demotion, and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify, in accordance with duties and salaries, all offices and positions in the police and fire departments, and in any other department which may hereafter be included within the provisions of this act. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission shall also have power to fix by rule a probationary period of not to exceed six months during which appointees, certified, appointed, and confirmed as provided above, may be suspended or removed without notice of hearing by the commission upon the recommendation of the chief or head of the particular department. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission, and shall be paid by the city. Such rules and regulations shall specify the date when they will take effect and thereafter all selections of persons for employment or appointment or promotion, either in the police department or the fire department, or other department of the city, shall be made in accordance with such rules and regulations. The rules and regulations prepared and adopted by the present members of the “Civil Service Commission of Reno, Nevada,” appointed pursuant to the provisions of chapter 95, Statutes of Nevada 1939, approved March 20, 1939, shall remain as the rules and regulations of the commission until such time as they shall be hereafter modified or repealed.

      Sec. 4.  The examinations which the rules and regulations shall provide for shall be public and free to all citizens of the United States with proper limitation as to residence, age, health, habits, and moral character. The examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity of the candidate to discharge the duties of the positions in which they seek employment, or to which they seek to be appointed, and may include tests of manual skill and physical strength. The commission shall give due regard to the experience of the individual candidate in the department in which he is seeking promotion. All examinations shall be given under the control of the commission.

Rules and regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Examinations controlled by commission


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

ê1943 Statutes of Nevada, Page 30 (CHAPTER 22, AB 29)ê

 

 

Appointees must have approval of commission

 

 

 

 

 

 

 

 

 

 

Police department assistants must have approval of commission

 

 

 

Fire department assistants must have approval of commission

 

 

 

Members of police and fire departments must have approval of commission

      Sec. 5.  Whenever the mayor of the city shall desire to appoint a chief of police or a chief of the fire department, or head of other department, in conformity with other provisions of this charter, he shall appoint such persons as shall first have been duly approved by the commission. The term of office of the chief of police and the chief of the fire department, and head of other department, shall be during the pleasure of the mayor appointing such officers and the city council confirming such appointment, and such officers shall be subject to removal by action of the mayor and city council in conformity with the provisions of this charter relating to such procedure. Any person removed without cause by the mayor and city council from the office of chief of police or from the office of chief of the fire department, or as head of other department, shall be entitled to remain as a member of the department under such rules and regulations regarding his classification as the commission may make.

      Sec. 6.  Whenever there shall be created by city ordinance subordinate positions of assistant chiefs, captains, or sergeants in the police department, or whenever vacancies shall occur in any such position that may now exist or may be hereafter created, the chief of police shall nominate a suitable person who shall first have been duly approved by the commission for such position, subject to confirmation of the city council, and subject to suspension, demotion, or removal as hereinafter provided.

      Sec. 7.  Whenever there shall be created by city ordinance subordinate positions of assistant chiefs, or captains in the fire department, or whenever vacancies shall occur in any such position that may now exist or may be hereafter created, the chief of the fire department shall nominate a suitable person who shall first have been duly approved by the commission for such position, subject to confirmation of the city council, and subject to suspension, demotion, and removal as hereinafter provided.

      Sec. 8.  All members of the police department, fire department, or other department, and all persons subsequently appointed as members of any of the departments within the provisions of this article shall hold their respective positions and employment at the pleasure of their respective chiefs, subject to trial as herein provided for. All vacancies in any department within the provision of this article shall be filled and all new appointments shall be made by the respective chiefs with persons who shall first have been duly approved by the commission and subject to confirmation of the city council. All vacancies in old offices or newly created offices shall be filled by the promotion of officers or men already in the service and who have proved their fitness for the promotion.


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

ê1943 Statutes of Nevada, Page 31 (CHAPTER 22, AB 29)ê

 

      Sec. 9.  No member of the police department, fire department, or other department within the provisions of this article, shall be discharged or suspended for a term exceeding twenty (20) days by the chief or head of any department within the provisions of this article except for cause and after trial as herein provided.

      Sec. 10.  Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the chief or head thereof, he shall immediately communicate the same to the commission and a trial may be ordered by said commission as herein provided, if in the opinion of the commission such a trial will be for the good of the service.

      Sec. 11.  The chief of either department discharging or suspending for a period exceeding twenty (20) days, or demoting any member of his force, shall immediately report the same to the secretary of the commission, together with a complaint setting forth the reason for such demotion, discharge, or suspension, and the name of the complainant, if other than the chief. Within ten (10) days after such discharge, demotion, or suspension, the member so discharged, demoted, or suspended may appeal from such order of discharge or suspension or demotion to the said commission by filing with the secretary thereof a notice of appeal in the following or similar form:

To the Civil Service Commission of Reno, Nevada:

      Please take notice that I appeal from the order or decision of the chief or head of the………………department, demoting, discharging, or suspending me from service, which said order of demotion, discharge, or suspension was made on the ……………day of……………………, 19……….

      Sec. 12.  Said commission, after receiving said notice of appeal shall, within five days, serve the appellant with a copy of the complaint and a notice fixing the time and place of trial, which time of trial shall not be less than five days nor more than fifteen days after service of the notice and copy of the complaint.

      Sec. 13.  Notice of the time and place of such trial, together with a copy of the charges preferred, shall be served upon the accused in the same manner as a summons is served in this state.

      Sec. 14.  Duly verified charges may be filed with the commission, setting forth sufficient cause for the removal of any member of the police department, fire department, or other department within the provisions of this article, including the chiefs or heads thereof, by any person who shall then be a freeholder in, and resident of, the city, and who shall have been such a freeholder and resident continuously for more than five (5) years immediately preceding the filing of such verified charges.

Discharge or suspension clause

 

 

Written complaint forwarded to commission

 

 

Duties of chiefs regarding suspension

 

 

 

 

 

 

 

Appeal notice

 

 

 

Commission to serve appellant with complaint

 

Notice of trial, how served

 

Freeholder may present charges


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

ê1943 Statutes of Nevada, Page 32 (CHAPTER 22, AB 29)ê

 

 

 

 

 

Accused to have public trial

 

 

 

 

 

 

 

 

 

 

 

Evidence to be taken by stenographic reporter

 

Duty of commission after transcription of evidence

 

 

 

 

 

 

 

Salary or wages pending trial

such verified charges. Upon the filing of such charges the commission shall immediately suspend such member or officer and cause notice of the filing of such charges, with a copy thereof, to be forthwith served upon the accused, as herein provided, and set a time for the trial thereon.

      Sec. 15.  The accused shall be entitled to a postponement or adjournment of the trial for not to exceed a period of twenty (20) days. The complainant shall be entitled to no such adjournment or postponement. In the course of any trial or investigation each member of the commission shall have the power to administer oaths, secure by its subpena both the attendance of witnesses and the production of books and papers relevant to such trial and investigation, and to compel witnesses to answer and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the trial. The trial shall be public and all witnesses shall be under oath. The accused shall have full opportunity to be heard in his own defense, and shall be entitled to secure the attendance of all witnesses necessary for his defense at the expense of the city, and may appear in person and by attorney. All evidence shall be taken by stenographic reporter who shall be first sworn to perform the duties of a stenographic reporter in taking evidence in said matter fully and fairly to the best of his ability, and a transcript shall be typewritten and filed with the commission. The cost of such stenographic reporter shall be borne by the city.

      Sec. 16.  Within three days after the conclusion of the trial and after a transcript of the proceedings shall have been filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges are sustained. If the commission shall determine that the charges are sustained they shall also determine at once whether the good of the service requires that the accused shall be permanently discharged or shall be suspended without pay for a period not exceeding sixty (60) days, or reduced in rank. If the charges shall not be sustained the accused shall immediately be reinstated to his former position, without prejudice. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission.

      Sec. 17.  No member of any department shall be deprived of any salary or wages for the period of time he may be suspended preceding a trial, unless such charge is sustained.

      Sec. 18.  Upon the request of the city council the chief of the fire department, chief of the police department, or head of other department within the provisions of this article, advising the commission of matters requiring consideration, the commission shall call a meeting within five (5) days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each and every calendar month, which meeting shall be open to the public

 


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

ê1943 Statutes of Nevada, Page 33 (CHAPTER 22, AB 29)ê

 

head of other department within the provisions of this article, advising the commission of matters requiring consideration, the commission shall call a meeting within five (5) days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each and every calendar month, which meeting shall be open to the public

      Sec. 19.  Except as herein otherwise provided, the commission shall have exclusive disciplinary power and authority over the members of the police, fire, and other departments within the provisions of this article. Said commission shall have disciplinary power over and may remove, suspend, or demote members of said departments for incompetency, intemperance, immoral conduct, dishonesty, inattention to duties, insubordination, conduct unbecoming a gentleman, the making of any false statements to the commission, whether oral or in writing, failure or neglect to comply with the rules or regulations of the commission, refusal to testify before the commission when ordered by the commission so to do, for failure to comply with the rules or regulations governing the department of which the accused is a member, or for any other competent reason.

      The commission may on its own motion or upon the request of the head of any of said departments suspend any officer or employee of the respective department, without salary, for a period of not to exceed twenty (20) days.

      Sec. 20.  This article of this charter shall only be presently applicable to the personnel of the police and fire departments of the city, and wherever reference is made in this article to “other departments” it is intended to refer only to such other departments as may hereafter be included within the provisions of this article by amendment to this charter.

      Sec. 21.  All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed; and this act shall be in full force and effect from and after its passage and approval.

Meetings of commission

 

 

 

 

Disciplinary powers of commission

 

 

 

 

 

 

 

 

 

Commission may impose suspensions

 

“Other departments” defined

 

 

 

Repeal; in effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 34ê

CHAPTER 23, AB 37

 

 

 

 

 

 

 

 

 

 

 

 

 

Revolving fund created

 

 

Duty of state treasurer

 

 

 

 

 

 

Disposition of funds

 

 

 

 

 

 

 

 

 

In effect

[Assembly Bill No. 37–Mr. Bastian]

 

Chap. 23–An Act to amend an act entitled “An act authorizing the establishment of a revolving fund for the payment of state water commissioners, and other matters in connection therewith,” approved March 30, 1931.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 232, 1931 Statutes, 442, is hereby amended to read as follows:

      Section 1.  There is hereby appropriated out of any moneys in the general fund not otherwise appropriated the sum of thirty thousand ($30,000) dollars, for the purpose of creating a revolving fund to be known as “The Water Distribution Fund.”

      Upon the passage and approval of this act the state treasurer shall set aside the sum of thirty thousand ($30,000) dollars for the purposes as set forth in section 7937, Nevada Compiled Laws 1929, as amended by chapter 209 Statutes of 1931, and also for the purposes set forth in that certain act of the legislature providing for the conservation and distribution of underground waters, the same being chapter 178 of the Statutes of 1939.

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

      Section 2.  The money in said revolving fund may be used for the payment of state water commissioners’ and assistant water commissioners’ salaries and expenses, and the salaries and expenses of other employees engaged in the work of the distribution of waters or streams that are directly under the supervision of the state engineer, and also any other expense that is necessarily incurred by the state water commissioners in the distribution of water, and said money or so much thereof as may be necessary may be used by the said state engineer for the uses and purposes of and in the administration of that certain act of the legislature providing for the conservation and distribution of underground waters, the same being chapter 178, Statutes of 1939.

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 35ê

CHAPTER 24, AB 80

[Assembly Bill No. 80–Washoe County Delegation]

 

Chap. 24–An Act relieving the county treasurer of Washoe County, Nevada, of certain liability in connection with money on deposit in certain closed banks; authorizing and directing the county treasurer and county auditor of Washoe County, Nevada, to perform certain acts in relation thereto, and other matters properly connected therewith.

 

[Approved March 1, 1943]

 

      Whereas, On November 1, 1932, the Reno National Bank, Bank of Nevada Savings & Trust Company, United Nevada Bank, and the Riverside Bank, located in the city of Reno, county of Washoe, State of Nevada, failed to open their doors for business; and

      Whereas, The county treasurer of Washoe County had on deposit in said banks funds belonging to the county of Washoe in the sum of $338,844.61; and

      Whereas, Receivers were appointed for said closed banks who liquidated the assets of said banks and have paid depositors certain dividends in partial satisfaction of their deposits; and

      Whereas, The county treasurer of Washoe County has received the sum of $258,482.10 from the receivers of said banks, and the sum of $2,760.67 from the bondsmen of said treasurer, making a total of $261,242.77; and

      Whereas, The county treasurer of Washoe County is charged upon the books of the county auditor of Washoe County with the sum of $77,601.84, which represents the loss suffered by Washoe County as the result of the closing of said banks; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  On November 1, 1932, the treasurer of Washoe County, in the performance of his duties and in his official capacity, had on deposit funds belonging to said Washoe County in the sum of $338,844.61 in the following banks: Reno National Bank, Bank of Nevada Savings & Trust Company, United Nevada Bank, and the Riverside Bank; that said banks were closed and their assets liquidated; that the treasurer of Washoe County has recovered the sum of $261,242.77; that the county of Washoe sustained a loss of $77,601.84 by reason of the closing of said banks.

      Sec. 2.  The treasurer of Washoe County is hereby relieved of all responsibility in connection with the loss suffered by Washoe County by reason of the closing of said banks and is hereby authorized and directed to make all proper entries in the books and records of his office to cancel and charge said loss of $77,601.84 from his accounts.

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Explanation of county funds

 

 

 

 

 

County treasurer relieved of responsibility


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

ê1943 Statutes of Nevada, Page 36 (CHAPTER 24, AB 80)ê

 

 

 

County auditor to credit treasurer

 

In effect

in the books and records of his office to cancel and charge said loss of $77,601.84 from his accounts.

      Sec. 3.  The auditor of Washoe County is hereby authorized and directed to make all proper entries in the books and records of her office to credit the treasurer with said loss of $77,601.84.

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

 

________

 

CHAPTER 25, AB 45

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amended

 

 

 

 

 

 

 

 

Central committee of grazing boards authorized

[Assembly Bill No. 45–Mr. Duffin]

 

Chap. 25–An Act to amend an act entitled “An act to provide for cooperation between state and county officers and agencies and between state agencies and the federal government in relation to grazing lands, for the disposition of money received from the federal government, for the creation of state grazing boards to direct and guide disposition of such money and defining their powers and duties, providing for certain duties by state and county officials, and other matters relating thereto,” approved March 14, 1939, as amended March 31, 1941, by further amending the title thereof, adding two new sections to be known as sections 3 1/2 and 4 1/2, and by further amending section 4 thereof.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act, being chapter 67 of the Statutes of the State of Nevada, Statutes of 1939, as amended by chapter 183 Statutes of 1941, is hereby further amended to read as follows:

      An act to provide for cooperation between state and county officers and agencies and between state agencies and the federal government in relation to grazing lands, for the disposition of money received from the federal government, for the creation of state grazing boards to direct and guide disposition of such money, for the creation of a central committee of state grazing boards, and defining the powers and duties of such grazing boards and central committee, providing for certain duties by state and county officials, and other matters relating thereto.

      Sec. 2.  The above-entitled act is hereby amended by the addition of a new section, to be known as section 3 1/2, and reading as follows:

      Section 3 1/2.  To provide a means whereby they may act together in matters of common interest and of general rather than local concern in carrying out the provisions of this act, Nevada grazing boards are hereby authorized and empowered to establish a committee which shall be known as the central committee of Nevada state grazing boards.


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

ê1943 Statutes of Nevada, Page 37 (CHAPTER 25, AB 45)ê

 

Nevada grazing boards are hereby authorized and empowered to establish a committee which shall be known as the central committee of Nevada state grazing boards.

      The said committee shall consist of either one or two members selected by and from the membership of each of the said grazing boards. In all cases where two members are selected, one shall be representative of the cattle business and one shall be representative of the sheep business. The members so selected shall serve at the pleasure of their respective grazing boards and whenever a majority of the said grazing boards shall have selected their member or members of the said central committee, and authorized them so to do, those selected may meet and organize.

      Members of the said central committee shall serve without remuneration for their time and services, but shall be entitled to reimbursement of their actual and necessary travel and subsistence expenses while serving as members of the said committee under the same terms and conditions as prescribed in section 3 of this act in the case of members of Nevada grazing boards, and each Nevada grazing board having a representative or representatives on the said central committee shall reimburse such representative or representatives for such expenses in the same manner in which it reimburses the travel and subsistence expenses of its own members.

      Nevada grazing boards are hereby authorized and empowered to make such use of the said central committee as may be proper within the provisions of this act; provided, that the said central committee shall not engage in any activity or project except when and as authorized and directed so to do in writing by a majority of the said grazing boards and, except for the necessary and actual traveling and subsistence expenses of its members as provided for herein, shall not incur any expense incident to its duties and activities except as authorized in writing by a majority of the said grazing boards.

      Within the aforesaid limitations, the said central committee may select its own officers and such subcommittees as it may deem necessary and may adopt its own rules for the calling and holding of meetings and the carrying out of such instructions as may be received from time to time from a majority of the Nevada grazing boards.

      Sec. 3.  Section 4 of the above-entitled act, being section 4 of chapter 67 of the Statutes of 1939 as amended by chapter 183 Statutes of 1941, is hereby further amended to read as follows:

      Section 4.  Each state grazing board hereby created is hereby authorized out of the funds at its disposal to direct and guide the disposition of the range improvement fund of its grazing district for the construction and maintenance of range improvements or any other purpose beneficial to the stock raising and ranching industries and, in turn, the counties situated within the grazing district concerned; provided, that none of the said funds shall be so disposed of unless some legally constituted and authorized federal or state governmental department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned.

 

 

Method of selection

 

 

 

 

 

 

Reimbursement for travel and subsistence expense

 

 

 

 

 

Duties of boards

 

 

 

 

 

 

 

May select officers and adopt rules

 

 

 

 

 

Duties of state grazing boards


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

ê1943 Statutes of Nevada, Page 38 (CHAPTER 25, AB 45)ê

 

Duties of state grazing boards

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act to continue regardless of federal detachments

 

 

 

In effect

range improvements or any other purpose beneficial to the stock raising and ranching industries and, in turn, the counties situated within the grazing district concerned; provided, that none of the said funds shall be so disposed of unless some legally constituted and authorized federal or state governmental department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned. Each state grazing board hereby created is also authorized out of the funds at its disposal to direct and guide the disposition of the range improvement funds of its grazing district for the payment of proper administrative costs of the board, including travel and subsistence costs of its members and for payment of the services of its secretary and his necessary office expenses, as provided for herein; for contributions to defray expenses incurred under its written authorization by the central committee of Nevada state grazing boards as provided for under section 3 1/2 of this act and during periods of range depletion due to severe drouth and similar causes, or in case of a general epidemic of disease affecting stock raising and ranching enterprises of the district concerned, or whenever conditions are such that payment of grazing fees under the provisions of the said Taylor grazing act impose a burden on the payers beyond their reasonable ability to pay, each of the said state grazing boards is hereby authorized in its discretion, for the general welfare of the state and counties, to direct and guide such disposition of the said fund as may be required to make refund in whole or part to the payers of the grazing fees from which the said fund was derived. In such event, the refund to each payer shall be determined by each state grazing board concerned, the share of each payer to be determined by the extent to which the grazing fees paid by each contributed to the sum to be refunded.

      Sec. 4.  The above-entitled act is hereby amended by the addition of a new section, to be known as section 4 1/2, and reading as follows:

      Section 4 1/2.  In the event that any part of any Nevada grazing district, as once established and existing under the provisions of the said Taylor grazing act, by order of the federal officials concerned, or otherwise, shall be detached therefrom and attached to and made a part of any federal grazing district of any adjoining state, the provisions of this act shall continue to apply to the Nevada area so detached, the same as had the detachment not occurred.

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 39ê

CHAPTER 26, AB 25

[Assembly Bill No. 25–Washoe County Delegation]

 

Chap. 26–An Act to amend section 2 of an act entitled “An act providing for the supervision, management, government, control, and maintenance of county hospitals, county isolation hospitals, county homes for the indigent sick, county workhouses for indigents, and county poor farms in each county where a tax has been or is hereafter authorized by the voters to establish and maintain a public hospital,” approved March 11, 1931, as amended.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 2243.01 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  The county commissioners may, upon the request of the said board of trustees, annually levy such tax or taxes, in addition to the tax for the county public hospital, as the board of county commissioners may deem necessary for the maintenance and operation of the institution or institutions named in section 1; provided, that in any county in which there were cast for representative in Congress at the last preceding election more than 12,000 votes, said additional tax levy shall not exceed one and one-half (1 1/2) mill on the dollar for the year 1943, and shall not exceed one and one-half (1 1/2) mill on the dollar for any year thereafter.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners may levy tax

 

 

 

 

 

 

In effect

 

________

 

 


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ê1943 Statutes of Nevada, Page 40ê

CHAPTER 27, SB 34

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheriff and ex officio assessor

 

 

 

 

 

County recorder and ex officio auditor

 

County clerk and ex officio treasurer

 

 

 

District attorney

[Senate Bill No. 34–Senator Caughman]

 

Chap. 27–An Act amending “An act fixing the compensation of certain county officers of Mineral County in the State of Nevada; regulating the appointments, number, and compensation of their deputies and attaches, and authorizing and directing the county commissioners of Mineral County to allow and pay compensation of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio treasurer and county recorder and ex officio auditor, respectively, as other claims against the county, and repealing all acts and parts of acts in conflict herewith,” approved February 24, 1937, being chapter 25 of the 1937 Statutes of Nevada.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 25 of the 1937 Statutes of Nevada, is hereby amended so as to read as follows:

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

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

      The county recorder and ex officio auditor shall receive three thousand ($3,000) dollars per annum, and he may appoint a deputy at a salary not to exceed one hundred and fifty ($150) dollars per month.

      The county clerk and ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners shall receive a salary of three thousand ($3,000) dollars per annum and may appoint a deputy clerk and ex officio treasurer at a salary not to exceed five dollars per day, as the duties of the office may require, and such other clerical help as the board of county commissioners may authorize.

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


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

ê1943 Statutes of Nevada, Page 41 (CHAPTER 27, SB 34)ê

 

sums for necessary expenses incurred as the board of county commissioners shall authorize and approve.

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

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

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

 

 

County commissioners

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 28, SB 5

[Senate Bill No. 5–Committee on Judiciary]

 

Chap. 28–An Act to regulate the practice and procedure in the district courts in cases relating to convicted persons under judgment of death who thereafter become insane, and relating to convicted females under judgment of death who may be pregnant, and repealing certain sections of the statutes in conflict herewith.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  No judge, court, or officer, other than the governor or the board of pardons and parole commissioners as authorized in sections 13 and 14, article V, constitution of Nevada, shall stay the execution of a judgment of death, unless an appeal from such judgment of death is taken to the supreme court of Nevada. When an appeal is taken from a judgment of death, the supreme court, or any justice thereof in vacation, may stay the execution until the appeal is heard and determined; provided, the judge of the district court of the county in which the state prison is situated may stay the execution of the judgment of death of a convicted person who has been delivered to the warden of the state prison for execution, as hereinafter provided in this act.

      Sec. 2.  If, after judgment of death, there is a good reason to believe that the defendant has become insane, the warden of the state prison to whom the convicted person has been delivered for execution, may by a petition in writing, verified by a physician, petition the district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall fix a day for hearing of the matter of the inquisition and summon from the list of jurors selected by the county commissioners for the year such number of jurors, to appear on the day so fixed, as he shall deem adequate to provide a jury of twelve persons to inquire into the insanity of the convicted person, and such judge shall give immediate notice of such hearing to the attorney-general and the district attorney of the county in which the conviction was had; provided, that if such judge shall determine that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, such judge may stay the execution of the judgment of death pending the determination of the sanity of such convicted person.

 

 

 

 

 

 

 

 

 

 

 

 

Stay of execution, how rendered after appeal to supreme court

 

 

 

 

 

 

 

Stay of execution if insanity is suspected


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

ê1943 Statutes of Nevada, Page 42 (CHAPTER 28, SB 5)ê

 

Stay of execution if insanity is suspected

 

 

 

 

 

 

 

 

 

Who may attend inquisition

 

 

 

 

 

 

 

 

 

 

Verdict of jury unanimous

 

 

 

Duties of warden and judge if sanity is proven

court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall fix a day for hearing of the matter of the inquisition and summon from the list of jurors selected by the county commissioners for the year such number of jurors, to appear on the day so fixed, as he shall deem adequate to provide a jury of twelve persons to inquire into the insanity of the convicted person, and such judge shall give immediate notice of such hearing to the attorney-general and the district attorney of the county in which the conviction was had; provided, that if such judge shall determine that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, such judge may stay the execution of the judgment of death pending the determination of the sanity of such convicted person.

      Sec. 3.  On the day fixed for the inquisition the warden of the state prison shall attend thereon together with the convicted person and his or her witnesses and attorneys, if any. The attorney-general or his deputy shall attend, and the district attorney of the county in which the conviction was had may attend the inquisition and may produce witnesses before the jury, for which purpose they, or either of them, may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereof may be punished as a contempt of court. The district judge shall preside at the inquisition and the jury shall be empaneled as in criminal cases. The convicted person and the state shall each be entitled to four peremptory challenges to individual jurors. The jury shall be instructed by the judge as to its duty, and no issue other than the present insanity of the convicted person shall be presented to the court or jury.

      Sec. 4.  The verdict of the jury shall be in substantially the following form:

      We the jury empaneled to inquire into the present insanity of John Doe find that he is sane, or insane, as the case may be.

      The verdict shall be signed by the foreman of the jury, returned into court and filed with the clerk thereof. A concurrence of all the jurors shall be necessary to a verdict.

      Sec. 5.  If it is found by the jury at the inquisition that the convicted person is sane, the warden must execute the judgment of death; provided, that if such judgment has been stayed, as provided in section 2 of this act, the judge shall cause a certified copy of his order staying the execution of the judgment, together with a certified copy of the verdict of the jury finding the convicted person sane, to be immediately forwarded by the clerk of the court to the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in said last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in section 11077 Nevada Compiled Laws 1929.


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

ê1943 Statutes of Nevada, Page 43 (CHAPTER 28, SB 5)ê

 

of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in said last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in section 11077 Nevada Compiled Laws 1929.

      Sec. 6.  If it is found by the jury at the inquisition that the convicted person is insane, the judge shall make and enter an order staying the execution of the judgment of death until the convicted person shall have become sane, and shall therein direct the warden of the state prison to confine such person in a safe place of confinement until his or her reason is restored. The clerk of the court shall serve or cause to be served three certified copies of said order, one on the warden, one on the governor, for the use of the board of pardons and parole commissioners, and one on the clerk of the district court of the county in which the conviction was had. If the convicted person shall thereafter become sane, notice of such fact shall be given by the warden to the judge of the court staying the execution of the judgment, and such judge, upon being satisfied that such person is then sane, shall enter an order vacating the order staying the execution of the judgment. The clerk of said court shall immediately serve or cause to be served three certified copies of such vacating order as follows: One on the warden, one on the governor, for the use of the board of pardons and parole commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in said last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in section 11077 Nevada Compiled Laws 1929.

      Sec. 7.  If there is good reason to believe that a female against whom a judgment of death has been rendered is pregnant, the warden of the state prison to whom she has been delivered for execution shall, in writing alleging such pregnancy, petition the judge of the district court of the county in which the state prison is situated, whereupon such judge shall summon a jury of three physicians to inquire into the alleged pregnancy and fix a day for the hearing thereon, and give immediate notice thereof to the attorney-general and to the district attorney of the county in which the conviction was had. The provisions of sections 2 and 3 of this act shall apply to the proceedings upon the inquisition, save and except, no jury other than the three physicians shall be summoned, and whose verdict shall be a certificate of their findings as to pregnancy.

      Sec. 8.  If it is found by the inquisition that the female is not pregnant, the warden must execute the judgment of death; provided, that if a stay of execution has been granted pursuant to section 2 of this act the procedure provided in section 5 of this act shall then be applicable.

 

 

 

 

 

Duties of warden and judge if insanity is proven

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stay of execution if pregnancy develops


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

ê1943 Statutes of Nevada, Page 44 (CHAPTER 28, SB 5)ê

 

Duties of warden and judge

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cost of inquisitions to be borne by state

 

 

 

 

 

Appropriation authorized

 

 

 

 

 

Repeal

is not pregnant, the warden must execute the judgment of death; provided, that if a stay of execution has been granted pursuant to section 2 of this act the procedure provided in section 5 of this act shall then be applicable. If the female is found to be pregnant by the jury of physicians, the judge shall enter an order staying the execution of the judgment of death, and shall therein direct the warden of the state prison to confine such female in a safe place of confinement commensurate with her condition until further order of the court. Thereafter and when such female shall be no longer pregnant, notice of such fact shall be given by the warden to the judge of the court staying the execution of the judgment, thereupon the judge, upon being satisfied that the pregnancy no longer exists, shall enter an order vacating the order staying the execution of the judgment and shall direct the clerk of such court to serve or cause to be served three certified copies of such order, one on the warden, one on the governor, for the use of the board of pardons and parole commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in said last-mentioned district court for the issuance of a new warrant of execution of the judgment in the manner provided in section 11077 Nevada Compiled Laws 1929.

      Sec. 9.  The costs and expenses of the inquisitions provided in this act shall be borne by the state and paid in the following manner: The costs and expenses of an inquisition shall first be paid by county warrants drawn upon the order of the district judge. The county clerk shall then present a claim to the state board of examiners for the amount of such costs and expenses so ordered paid by the district judge, upon approval of which said claim by the board of examiners the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same.

      Sec. 10.  For the payment of the costs and expenses of the inquisitions there is hereby appropriated from the general fund of the state the sum of $1,000. The state treasurer shall set aside such sum in a fund to be known as “The Convicted Persons’ Inquisition Fund,” and any balance remaining in such fund at the end of a biennium shall remain in such fund and, together with such subsequent appropriations as may be deemed necessary, constitute a continuing fund.

      Sec. 11.  Sections 420, 421, 422, 423, 424, 425, 426, 427, and 428 of “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, being sections 11068, 11069, 11070, 11071, 11072, 11073, 11074, 11075, and 11076 Nevada Compiled Laws 1929 are hereby repealed.


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

ê1943 Statutes of Nevada, Page 45 (CHAPTER 28, SB 5)ê

 

      Sec. 12.  This act shall be in full force and effect immediately upon its passage and approval.

In effect

 

________

CHAPTER 29, SB 14

[Senate Bill No. 14–Senator Cowles]

 

Chap. 29–An Act to amend sections 1 and 2 of an act entitled “An act to provide for a state appropriation for the needy blind of the State of Nevada to supplement the provisions of that certain act of the legislature of the State of Nevada entitled ‘An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of boards of county commissioners in every county,’ approved February 25, 1925, making an appropriation therefor and defining the duties of certain officers and persons in relation thereto,” approved March 26, 1941, 129.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the said act above referred to is hereby amended to read as follows:

      Section 1.  For the purpose of supplementing the county relief now provided for needy blind in the State of Nevada, there is hereby appropriated out of any money in the treasury of the State of Nevada, not otherwise especially appropriated, the sum of seven thousand five hundred ($7,500) dollars for each of the years 1943 and 1944.

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

      Section 2.  Every needy blind person, as defined by the law of this state, claiming relief under this act shall file, at least ten (10) days prior to action on said claims, with the clerk of the board of county commissioners of the proper county, a duly verified statement of the facts bringing him or her within the provisions of this act. The list of claims shall be filed in the order of filing, in a book furnished for that purpose, with the board of county commissioners, and which record shall be open to the public. No certificate for drawing money under this act shall ever be granted until the board of county commissioners shall be satisfied, from the evidence of at least two respectable and reputable citizens, residents of said county, one of whom shall be a duly and regularly licensed practicing physician, that they know the applicant to be blind, or whose eyesight is so impaired as to come under the provisions of this act, and that he or she has the residential qualifications to entitle him or her to the relief asked for, which evidence will be in writing, subscribed by such witnesses, subject to the right of cross-examination by the board of county commissioners or other persons.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for needy blind

 

 

 

 

Relief, how obtained


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

ê1943 Statutes of Nevada, Page 46 (CHAPTER 29, SB 14)ê

 

Relief, how obtained

 

 

 

 

 

 

 

 

Allotments to be additional to premium allowances

 

 

 

 

 

 

In effect

relief asked for, which evidence will be in writing, subscribed by such witnesses, subject to the right of cross-examination by the board of county commissioners or other persons. If the board of county commissioners is satisfied upon such testimony that the applicant is entitled to relief thereunder, they shall issue an order therefor directed to the state controller of the State of Nevada, who shall thereupon draw his warrant against the fund hereby created in the sum of twenty ($20) dollars per month for each person for whom such order has been received, and he shall mail any such warrants to the persons designated at the address furnished by the board of county commissioners of the respective counties, and the state treasurer shall pay the same.

      Sec. 3.  The allotment made under the provisions of this act to the needy blind persons, so ordered by the county commissioners of the respective counties, shall not in any manner be used to reduce any allowances to any needy blind person, but shall be in addition to the allowances made by the county commissioners of the various counties in accordance with the provisions of that certain act of the legislature of the State of Nevada entitled “An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of boards of county commissioners in every county,” approved February 25, 1925.

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

 

________

 

 


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ê1943 Statutes of Nevada, Page 47ê

CHAPTER 30, SB 35

[Senate Bill No. 35–Senator Caughman]

 

Chap. 30–An Act to amend an act entitled “An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire, and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto,” approved March 4, 1921, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of said act, as amended in chapter 105 Statutes of Nevada 1939, is hereby amended to read as follows:

      Section 17.  (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed five hundred ($500) dollars per month, a qualified and competent person, but who must have had at least three years’ practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand ($5,000) dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.

      No person who holds a public office shall be permitted to occupy the position of general manager. In the event such general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to appoint general manager

 

 

 

 

 

 

 

 

 

 

 

 

 

Manager not to be public officer


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

ê1943 Statutes of Nevada, Page 48 (CHAPTER 30, SB 35)ê

 

 

 

Manager to employ additional help, when

 

 

 

 

 

 

Manager to make monthly report

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners to dismantle, when

 

When submission to electors of county necessary

general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.

      (b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand ($1,000) dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.

      (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.

      (d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.

      (e) Neither the board of county commissioners acting as such or acting as the board of managers, or the general manager, shall have the power to sell, lease, trade, rent, or otherwise deal with any equipment, supplies, or property of any kind, character, or description, purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose. Nothing herein contained shall be construed to limit the sale of electrical energy and power as now provided by this act.


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

ê1943 Statutes of Nevada, Page 49 (CHAPTER 30, SB 35)ê

 

      (f) Any person violating the provisions of subsection (e) shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year nor more than five years. Upon conviction the office of such person shall become vacant.

      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.

Violation a felony

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 31, AB 65

[Assembly Bill No. 65–Committee on Roads and Highways]

 

Chap. 31–An Act relating to the issuance of chauffeurs’ licenses for the operation of school busses and defining the requirements therefor.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Notwithstanding the provisions of the uniform motor vehicle operators’ and chauffeurs’ license act, being chapter 190, 1941 Statutes of Nevada, a chauffeur’s license for the operation of a school bus only when in use for the transportation of pupils to and from school may be issued to an applicant under the age of eighteen (18) years who in all other particulars complies with the provisions of the uniform motor vehicle operators’ and chauffeurs’ license act, being chapter 190 Statutes of 1941; provided, the governing boards of the school district in which such school bus is to be operated by said applicant, if licensed, recommends the licensing of said applicant; and provided further, that applicant meets all requirements fixed by duly adopted regulations of the drivers’ license division of the Nevada department of highways.

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

 

 

 

 

 

 

 

 

 

 

Operation of school bus

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 50ê

CHAPTER 32, SB 9

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale of real property not to be advertised, when

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

[Senate Bill No. 9–Committee on Judiciary]

 

Chap. 32–An Act to amend an act entitled “An act concerning the estates of deceased persons,” approved March 26, 1941, being chapter 107 of the Statutes of Nevada, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 156 of the above-entitled act is hereby amended so as to read as follows:

      Section 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 two weeks, being three publications, one week apart, 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. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

________

 

CHAPTER 33, AB 17

 

[Assembly Bill No. 17–Mr. Jepson]

 

Chap. 33–An Act to amend an act entitled “An act to provide for the education of the deaf and dumb and the blind of the State of Nevada,” approved March 2, 1869, as amended, approved March 24, 1905, as amended, approved March 29, 1907.

 

[Approved March 1, 1943]

 

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 2310 Nevada Compiled Laws 1929 is hereby amended to read as follows:


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

ê1943 Statutes of Nevada, Page 51 (CHAPTER 33, AB 17)ê

 

      Section 1.  The superintendent of public instruction is authorized to make arrangements with the directors of any institutions for the deaf and dumb and the blind in any state of the United States possessing any such institution, for the admission, support, education, and care of the deaf and dumb and the blind of this state, and for that purpose is hereby empowered to make all needful contracts and agreements to carry out the provisions of this act.

      Sec. 2.  Section 4 of the above-entitled act, being section 2312 Nevada Compiled Laws 1929 is hereby amended to read as follows:

      Section 4.  All deaf and dumb or blind persons that are not mentally or physically incapacitated to receive an education or instruction, that are free from offensive or contagious diseases, and are unable to pay for their support, education, and instruction in any of the aforesaid institutions, and whose parent, relative, guardian, or nearest friend is unable to pay for his or her support, education, and instruction in any of the aforesaid institutions, shall be entitled to the benefits intended by this act, and it is hereby made the duty of the board of county commissioners of such county to make provisions, at the expense of the county, for transporting such person to such place as may be designated by the superintendent of public instruction, who shall make necessary arrangements for transporting the person from such designated place to any of the institutions of instruction before mentioned, at the expense of the state, payable out of the fund appropriated for the purposes of this act. Thereafter the cost and expenses of maintenance of any such deaf, dumb, or blind person at the institution of instruction shall be paid by the state.

      All deaf, dumb, or blind persons over the age of twenty-one years seeking admission into the aforesaid institutions shall, before making application under this act, have been actual, bona fide residents of the State of Nevada for the period of five years preceding the date of making such application.

Duty of superintendent of public instruction

 

 

 

 

 

 

Duty of boards of county commissioners

 

 

 

 

 

 

 

 

 

 

 

 

Residence clause

 

________

 

 


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

ê1943 Statutes of Nevada, Page 52ê

CHAPTER 34, AB 59

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deer season defined

 

 

 

 

 

 

 

 

Exceptions

[Assembly Bill No. 59–Committee on Fish and Game]

 

Chap. 34–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.

 

[Approved March 1, 1943]

 

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 forty-five (45) day period, to be known as the open season, between October 1 and December 1 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 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 except under rules and regulations prescribed by the fish and game commissioners as hereinafter provided; 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, fish and wildlife service and grazing service to consider the advisability of reducing the number of deer, antelope, elk, and bighorn sheep in any district or specified portion of such county; and whenever in the judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, said committee shall make appropriate recommendations to the state fish and game commission as to the area or areas being damaged, the extent of damage, and the number and kind of deer, antelope, elk, or bighorn sheep to be removed; upon the recommendation of the committee, the commission may determine the area or areas within such county from which said deer, antelope, elk, or bighorn sheep shall be removed, the number of hunting licenses to be issued, the number of sex of deer, antelope, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid to the county clerk, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations necessary to properly conduct the hunt.


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

ê1943 Statutes of Nevada, Page 53 (CHAPTER 34, AB 59)ê

 

service, fish and wildlife service and grazing service to consider the advisability of reducing the number of deer, antelope, elk, and bighorn sheep in any district or specified portion of such county; and whenever in the judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, said committee shall make appropriate recommendations to the state fish and game commission as to the area or areas being damaged, the extent of damage, and the number and kind of deer, antelope, elk, or bighorn sheep to be removed; upon the recommendation of the committee, the commission may determine the area or areas within such county from which said deer, antelope, elk, or bighorn sheep shall be removed, the number of hunting licenses to be issued, the number of sex of deer, antelope, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid to the county clerk, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations necessary to properly conduct the hunt.

      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.

Exceptions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 35, AB 78

[Assembly Bill No. 78–Mr. Taber]

 

Chap. 35–An Act to amend an act entitled “An act to provide for free public libraries in counties, and other matters relating thereto,” approved March 21, 1925, as amended.

 

[Approved March 1, 1943]

 

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 5595 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  The county commissioners of the several counties of the State of Nevada may set apart the sum of three thousand dollars ($3,000) to be used in the establishment and maintenance of a free public library in the county seat in each county in the State of Nevada; and each year thereafter said board of county commissioners shall set apart an amount sufficient to adequately maintain the same, but not exceeding the sum of $3,000; provided, that in cases where the total assessable property valuation of the county decreases to the extent of fifteen percent or more, then the appropriation may, in the discretion of the board of county commissioners, be discontinued.

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners may establish county libraries


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

ê1943 Statutes of Nevada, Page 54 (CHAPTER 35, AB 78)ê

 

 

 

 

 

In effect

the total assessable property valuation of the county decreases to the extent of fifteen percent or more, then the appropriation may, in the discretion of the board of county commissioners, be discontinued. The fund so created shall be known as the “Public Library Fund.”

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

 

________

 

CHAPTER 36, AB 91

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

 

 

 

 

In effect

[Assembly Bill No. 91–Mr. Grant]

 

Chap. 36–An Act authorizing the county treasurer and the county auditor of Clark County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Clark County, Nevada, and the county treasurer of said county to transfer from the “Fish and Game Fund” to the “Old-Age Assistance Fund” the sum of eight thousand ($8,000) dollars, and to transfer from said “Fish and Game Fund” to the “Publicity Fund” the sum of two thousand ($2,000) dollars.

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

 

________

 

CHAPTER 37, AB 99

 

[Assembly Bill No. 99–Washoe County Delegation]

 

Chap. 37–An Act relieving the city treasurer of the city of Reno of all liability by reason of a loss sustained by the city of Reno of certain funds on deposit in certain closed banks, authorizing and directing the city treasurer and city auditor of the city of Reno to make certain changes in their official records, and other matters properly connected therewith.

 

[Approved March 1, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city treasurer of the city of Reno is hereby relieved of all responsibility or liability in connection with the loss by the city of Reno of the sum of seventeen thousand four hundred fifty-seven and 23/100 dollars ($17,457.23), the loss of which sum was occasioned by the closing of the Reno National Bank, the Bank of Nevada Savings & Trust, and the United Nevada Bank, all located in the city of Reno, and the said treasurer of the city of Reno is hereby authorized and directed to strike from his records entries showing that the city of Reno has on deposit with the following list of banks the sums of money set opposite the name of each of said banks:

 


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

ê1943 Statutes of Nevada, Page 55 (CHAPTER 37, AB 99)ê

 

thousand four hundred fifty-seven and 23/100 dollars ($17,457.23), the loss of which sum was occasioned by the closing of the Reno National Bank, the Bank of Nevada Savings & Trust, and the United Nevada Bank, all located in the city of Reno, and the said treasurer of the city of Reno is hereby authorized and directed to strike from his records entries showing that the city of Reno has on deposit with the following list of banks the sums of money set opposite the name of each of said banks:

Reno National Bank, Reno, Nevada................................................................   $9,064.59

Bank of Nevada Savings & Trust, Reno, Nevada.........................................     2,384.62

United Nevada Bank, Reno, Nevada...............................................................     6,008.02

      The city treasurer of the city of Reno is hereby further authorized and directed to make such further alterations in the entries in the records in his office as may be necessary to strike therefrom all entries relating to the above-specified sums deposited with the above-listed banks.

      Sec. 2.  The city auditor of the city of Reno is hereby authorized and directed to reduce the balance in each of the following listed accounts, by the amount set opposite the name of each of such accounts:

Reno general fund..............................................................................................        $78.83

Bond redemption fund.......................................................................................   17,358.21

Special bond fund..............................................................................................          20.19

      The city auditor of the city of Reno is hereby further authorized and directed to make such further alterations in the entries in the records in his office as may be necessary to strike therefrom all entries relating to the sums specified in section 1 of this act deposited with the banks listed in section 1 of this act.

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

City of Reno bank losses balanced

 

 

 

 

 

 

 

Duties of city auditor

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 38, AB 89

[Assembly Bill No. 89–Mr. Taber]

 

Chap. 38–An Act to amend an act entitled “An act to regulate and make effectual the power of the governor, justices of the supreme court, and attorney-general to remit fines and forfeitures, commute punishments, and grant pardons after convictions; create the state board of parole commissioners, define its powers and duties, and matters relating thereto,” approved March 22, 1933.

 

[Approved March 2, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of Statutes of Nevada 1933, chapter 149, is hereby amended to read as follows:

 


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

ê1943 Statutes of Nevada, Page 56 (CHAPTER 38, AB 89)ê

 

Board may permit induction into military service

 

 

 

 

 

 

 

 

 

 

In effect

      Section 11.  When acting as a board of parole commissioners, the governor, justices of the supreme court, and attorney-general, or the major part of them, shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison, and who shall have served one calendar year, less good time credits, of the term for which he was sentenced and who has not previously been more than three times convicted of a felony and served a term in a penal institution, or who is imprisoned in a county jail, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board of parole commissioners, and subject at any time to be taken within the inclosure of said state prison or county jail; provided, however, that said board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolee’s active service after induction into the military service.

      Sec. 2.  This act is an emergency measure and shall be effective from and after its passage and approval.

 

________

 

CHAPTER 39, SB 24

 

 

 

 

 

 

 

 

 

 

 

 

 

Newspapers defined

[Senate Bill No. 24–Senator Johnson]

 

Chap. 39–An Act to amend an act entitled “An act to define legal notices and newspapers in which such notices may be legally published,” approved March 11, 1925, being chapter 60 of the 1925 Statutes of Nevada, as amended.

 

[Approved March 4, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 4701 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 2.  Every newspaper printed and published daily, or daily except Sundays and legal holidays, or which shall be printed and published on each of any five days in every week excepting legal holidays and including or excluding Sundays, shall be considered and held to be and to have been a daily newspaper within the meaning of this act; every newspaper printed and published at regular intervals three times each week shall be considered and held to be a tri-weekly newspaper within the meaning of this act; every newspaper printed and published at regular intervals twice each week shall be considered and held to be a semiweekly newspaper within the meaning of this act, and every newspaper printed and published at regular intervals once each week shall be considered and held to be a weekly newspaper within the meaning of this act, and every newspaper printed and published at regular intervals, two times each month, shall be considered a semimonthly newspaper within the meaning of this act.


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

ê1943 Statutes of Nevada, Page 57 (CHAPTER 39, SB 24)ê

 

newspaper within the meaning of this act, and every newspaper printed and published at regular intervals once each week shall be considered and held to be a weekly newspaper within the meaning of this act, and every newspaper printed and published at regular intervals, two times each month, shall be considered a semimonthly newspaper within the meaning of this act.

      Sec. 2.  Section 3 of the above-entitled act, being section 4702 N. C. L. 1929, as amended, is hereby amended to read as follows:

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

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

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

 

 

 

 

 

 

 

Publication of legal notice, defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Suspension of publication, when legal


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

ê1943 Statutes of Nevada, Page 58 (CHAPTER 39, SB 24)ê

 

 

 

 

 

Repeal

 

In effect

the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in said county.

      Sec. 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 become effective from and after its passage and approval.

 

________

 

CHAPTER 40, AB 47

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to deliver quitclaim deed

 

 

 

 

 

 

 

 

 

Description of land

[Assembly Bill No. 47–Elko County Delegation]

 

Chap. 40–An Act authorizing and directing the board of the Nevada school of industry to convey to the Elko-Lamoille Power Company, a Nevada corporation, certain land in Elko County, Nevada, as a right-of-way and easement for the construction, reconstruction, maintenance, and repair of a power line; providing for ingress and egress thereto, and other matters incidental thereto; providing for reconveyance to the State of Nevada on certain conditions, and other matters properly relating thereto.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  On the passage and approval of this act the board of the Nevada school of industry is hereby authorized and directed to make, execute, and deliver to the Elko-Lamoille Power Company, a Nevada corporation, a quitclaim deed granting a right-of-way and easement for the construction, reconstruction, maintenance, and repair of lines for the transmission of power with the right to erect, construct, use, and maintain upon said right-of-way the necessary poles, wires, guys, and supports used in connection therewith, together with the right to enter upon the adjoining lands of said Nevada school of industry when necessary in the maintenance of said power lines, together with the right of ingress and egress thereto. The right-of-way herein authorized to be conveyed to be ten (10) feet on each side of the following-described center line of land located in Elko County, Nevada:

      Beginning at a point approx. 770′ N. of the W 1/4 corner of section 31, T. 35 N., R. 56 E., M. D. B. & M. Thence in a northeasterly direction approx. 2,560′ over and across the W 1/2 of the NW 1/4 and the NE 1/4 of the NW 1/4 of sec. 31 and the SE 1/4 of the SW 1/4 of section 30 to a point approx. 1,390′ E. and approx. 255′ N. of the SW. corner of section 30.


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

ê1943 Statutes of Nevada, Page 59 (CHAPTER 40, AB 47)ê

 

      Sec. 2.  In the event of the abandonment of said easement the property covered hereby shall revert and be reinvested in the State of Nevada.

      Sec. 3.  The board of Nevada school of industry shall immediately upon the execution of a grant of the above-entitled right-of-way file a certified copy thereof with the state board of control, Carson City, Nevada.

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

Reversion to state, when

Certified copy to board of control

 

In effect

 

________

 

CHAPTER 41, AB 52

[Assembly Bill No. 52–Committee on Livestock]

 

Chap. 41–An Act making an appropriation to assist the state board of stock commissioners in combating certain livestock diseases constituting a menace to the public health.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, to be expended by the state board of stock commissioners, during the biennium ending June 30, 1945, for the better control and eradication of tuberculosis, brucellosis, or any other disease of livestock communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise.

      Sec. 2.  Any claims against this appropriation shall be audited by the state board of stock commissioners and, if approved, forwarded to the state board of examiners for their audit, approval, and payment in the manner provided by law.

 

 

 

 

 

 

 

 

 

 

 

Appropriation $10,000

 

 

 

 

 

 

Claims, how audited

 

________

 

CHAPTER 42, AB 94

[Assembly Bill No. 94–Mr. McElroy]

 

Chap. 42–An Act relating to the sale or lease of tools, machinery, and equipment of the state, or any of its political subdivisions and departments to the United States or to certain persons or firms in its behalf for war purposes.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The head of each department of the government of the State of Nevada, by and with the consent and approval of the governing board or commission of such department, the board of county commissioners, the county board of education, and boards of school trustees of any county of this state, and the city council or the board of supervisors of any incorporated city or town in this state, may in his, their, or its discretion sell or lease any tools, machinery, motor equipment, or other equipment owned by said state, county, city, town, or school district to the United States of America, or to any person, firm, or corporation designated by the war production board of the United States, or its successor in authority, to receive any such tools, machinery, or equipment; provided, that the war production board, or its successor in authority, shall certify to any such head of a state department, the board of county commissioners, county board of education, board of school trustees, city council, or board of supervisors that such tools, machinery, or equipment is used, needful, and required on any project or projects essential in the prosecution of the war by the United States government.

 


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

ê1943 Statutes of Nevada, Page 60 (CHAPTER 42, AB 94)ê

 

Department to sell or lease equipment

 

 

 

 

 

 

 

 

 

 

 

Advertising of bids unnecessary

 

 

 

 

 

Effective for duration of war

approval of the governing board or commission of such department, the board of county commissioners, the county board of education, and boards of school trustees of any county of this state, and the city council or the board of supervisors of any incorporated city or town in this state, may in his, their, or its discretion sell or lease any tools, machinery, motor equipment, or other equipment owned by said state, county, city, town, or school district to the United States of America, or to any person, firm, or corporation designated by the war production board of the United States, or its successor in authority, to receive any such tools, machinery, or equipment; provided, that the war production board, or its successor in authority, shall certify to any such head of a state department, the board of county commissioners, county board of education, board of school trustees, city council, or board of supervisors that such tools, machinery, or equipment is used, needful, and required on any project or projects essential in the prosecution of the war by the United States government.

      Sec. 2.  Notwithstanding any law to the contrary it shall not be necessary to the sale or lease of the tools, machinery, or equipment, mentioned in section 1 of this act, that advertisements for bids thereon or notice of time and place of such sale or lease be had or given by any such state department, board of county commissioners, county board of education, board of school trustees, city council, or board of supervisors, but any such sale may be had or lease made and executed upon the authority granted in this act.

      Sec. 3.  This act is hereby declared an emergency measure and necessary for the purpose of aiding the United States government in a successful prosecution of the present war, and shall take effect immediately upon its passage and approval. This act, however, shall be effective from the date of its approval until the cessation of hostilities involving the government of the United States, as declared by the president and the Congress of the United States.

 

________

 

 


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

ê1943 Statutes of Nevada, Page 61ê

CHAPTER 43, AB 111

[Assembly Bill No. 111–Lyon County Delegation]

 

Chap. 43–An Act to amend an act entitled “An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith,” approved March 5, 1923.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being chapter 58 of the 1923 Statutes of Nevada, is hereby amended so as to read as follows:

      Section 3.  The county clerk, for services as county clerk, shall receive the sum of one thousand two hundred dollars per annum, and for his services as ex officio county treasurer and ex officio tax receiver the sum of one thousand two hundred dollars per annum, payable in equal monthly installments. He shall make no charge for service performed for the county or state, but all fees authorized by law and collected by him shall be turned into the county treasury. He shall furnish the board of county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees collected and date of entry on the books of his office. The said county clerk shall have authority to appoint a deputy at a salary of nineteen hundred eighty dollars per annum, payable in twelve monthly installments of one hundred sixty-five dollars each. The said county clerk shall have authority, in case of emergency, by and with the consent of the board of county commissioners of said county, to appoint one or more additional deputies at a salary not to exceed one hundred twenty-five dollars per month each.

      Sec. 2.  Section 4 of the above-entitled act, being chapter 58 of the 1923 Statutes of Nevada, is hereby amended so as to read as follows:

      Section 4.  The county recorder, for services as county recorder, shall receive the sum of one thousand dollars per annum, and for his services as ex officio county auditor shall receive the sum of one thousand four hundred dollars per annum, payable in twelve monthly installments, which shall be in full compensation for all services rendered as recorder and ex officio auditor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary and duties of clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary and duties of recorder


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

ê1943 Statutes of Nevada, Page 62 (CHAPTER 43, AB 111)ê

 

Salary and duties of recorder

 

 

 

 

 

 

 

 

 

 

In effect

Repeal

      He shall have authority to appoint a deputy at a salary of nineteen hundred eighty dollars per annum, payable in twelve equal monthly installments.

      He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury of said county. He shall furnish the county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees so collected and the date of entry on his books.

      The said county recorder shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of said county, by an order duly entered in its minutes, to appoint one or more additional deputies at a salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      Sec. 3.  This act shall take effect and be in force from and after April 1, 1943.

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

 

________

 

CHAPTER 44, AB 90

 

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 90–Mr. Mack]

 

Chap. 44–An Act authorizing prison labor to be used in the repairing of sacks; authorizing the warden of the state prison to purchase machinery and supplies for such work and providing an appropriation for such purpose, and other matters properly connected therewith.

 

[Approved March 5, 1943]

 

      Whereas, The farmers and ranchers of Nevada are a part of the national agricultural front without which the present war cannot be victoriously concluded; and

      Whereas, The farmers and ranchers of Nevada are being seriously handicapped by reason of lack of material and supplies needed to make their crops ready for shipment, and are particularly handicapped by reason of a shortage of sacks without which many crops cannot be sent to market; and

      Whereas, This shortage could be greatly alleviated if there were some means, within the State of Nevada, whereby old, used, and second-hand sacks could be patched, sewed, cleaned, and repaired; and

      Whereas, There is an emergency existing at the present time on every farm and ranch in this state for want of sacks to ship and market crops; now, therefore,

 

 


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

ê1943 Statutes of Nevada, Page 63 (CHAPTER 44, AB 90)ê

 

time on every farm and ranch in this state for want of sacks to ship and market crops; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of one thousand ($1,000) dollars to provide for the purchase of such machinery and supplies as may be necessary to engage in patching, mending, sewing, and cleaning sacks.

      Sec. 2.  The money hereby appropriated is to be expended upon the order and under the direction of the warden of the Nevada state prison, who is directed, upon the passage and approval of this act, to immediately purchase the necessary machinery and supplies, and to install the same in some suitable place at the state prison, and to thereafter manage and supervise the operation of the same.

      Sec. 3.  Inasmuch as the work herein required to be performed is of vital importance to the farmers and ranchers of Nevada, it is directed that the inmates of the state prison be and they are hereby required to perform such labor in connection with the patching, mending, sewing, and cleaning of sacks as may be required of them by the warden.

      Sec. 4.  The warden of the state prison is hereby authorized to make a charge for services rendered under the provisions of this act, in an amount sufficient to pay all expense of operation and to insure continued operations through the purchase of further supplies and equipment, and an annual accounting shall be made to the prison board. The warden may establish rules and regulations to effectuate the purpose of this act.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

 

 

 

 

 

Appropriation $1,000

 

 

 

How expended

 

 

 

 

Labor performed by inmates

 

 

 

Service charges authorized

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 64ê

CHAPTER 45, AB 30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of city clerk

 

 

 

 

 

Salary of city attorney

 

 

 

 

Salary and duties of chief of police

 

 

 

 

 

 

 

 

 

 

Salary of fire chief

[Assembly Bill No. 30–Washoe County Delegation]

 

Chap. 45–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 5 of article IV, section 4 of article V, section 3 of article IX, section 7 of article X, and section 4 of article XI thereof.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of article IV of said act entitled above is hereby amended so as to read as follows:

      Section 5.  The city council of the city of Reno is authorized and empowered to fix a salary for the city clerk, but such salary shall not exceed the sum of three thousand three hundred dollars per annum. Such salary shall be paid in twelve (12) equal monthly installments.

      Sec. 2.  Section 4 of article V of said act entitled above is hereby amended so as to read as follows:

      Section 4.  The city council of the city of Reno is authorized and empowered to fix a salary for the city attorney, but such salary shall not exceed the sum of two thousand seven hundred dollars per annum, payable in twelve monthly installments.

      Sec. 3.  Section 3 of article IX of said act entitled above is hereby amended so as to read as follows:

      Section 3.  The chief of police shall execute all processes issuing from the municipal court. In his absence or inability to act, his assistant may act in his place. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to said city, which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the city council shall require, and shall be approved by said council. The duties of said chief of police may be more fully defined and provided for by such ordinances of the city council as it shall from time to time enact. The city council of the city of Reno is authorized and empowered to prescribe a salary for the chief of police, but such salary shall not exceed the sum of three thousand six hundred dollars per annum, payable in equal monthly installments.

      Sec. 4.  Section 7 of article X of said act entitled above is hereby amended so as to read as follows:

      Section 7.  The city council of the city of Reno is authorized and empowered to fix a salary for the chief of the fire department, but such salary shall not exceed the sum of three thousand six hundred dollars per annum, and shall be paid in twelve (12) equal monthly installments.


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

ê1943 Statutes of Nevada, Page 65 (CHAPTER 45, AB 30)ê

 

three thousand six hundred dollars per annum, and shall be paid in twelve (12) equal monthly installments.

      Sec. 5.  Section 4 of article XI of said act entitled above is hereby amended so as to read as follows:

      Section 4.  The city council may by ordinance prescribe a salary for the city engineer and superintendent of streets, but such salary shall not exceed the sum of three thousand nine hundred dollars per annum, payable in equal monthly installments.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

Salaries of city engineer and superintendent of streets

In effect

 

________

 

CHAPTER 46, AB 38

[Assembly Bill No. 38–Clark County Delegation]

 

Chap. 46–An Act to amend an act entitled “An act providing for the government of the towns and cities of this state,” approved February 26, 1881, as amended.

 

[Approved March 5, 1943]

 

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 1231, N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the following with regard to the management of the affairs and business of any unincorporated town or city in their respective counties:

      1.  To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised; provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the board upon petition of a majority of the taxpayers thereof.

      2.  To institute and maintain any suit or suits in any court or courts necessary in their judgment to enforce and maintain any right or rights of said town or city; all such suits shall be prosecuted in the name of the board of county commissioners for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings and proceedings.

      3.  To levy a tax, not exceeding one and one-half percent per annum, upon the assessed value of all real and personal property (including proceeds of mines) situated in said town or city, made taxable by law for state and county purposes.

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners

 

 

Define boundary lines

 

 

 

 

Institute and maintain suits

 

 

 

Levy tax on property


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ê1943 Statutes of Nevada, Page 66 (CHAPTER 46, AB 38)ê

 

Supervision over streets and alleys

 

 

 

 

 

 

 

Condemnation of property

 

Establish fire departments

 

 

 

 

 

 

 

 

 

Regulate explosives

 

Abate nuisances

 

To collect tax on places of business

      4.  To lay out, extend, and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting, or otherwise improving the same; also, to provide for the construction, repair, and preservation of sidewalks, bridges, drains, and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said board may, in its discretion, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk or proposed sidewalk, may be, and may make such cost of improvement, repairs, or building a lien upon such property.

      5.  To condemn property for the use of the inhabitants of said town or city in the manner hereinafter provided.

      6.  To provide for the prevention and extinguishment of fires, and organize, regulate, establish, and disband fire companies or fire departments in said city or town, and to provide for the payment thereof and the appointment and payment of officers thereto; provided, that all such payments shall be made from the separate fund of the city or town where service is performed or required; and provided further, that the chief engineer of the fire department shall receive compensation in a sum not to exceed two hundred and fifty ($250) dollars per month; the assistant chief engineer of the fire department not to exceed two hundred and twenty-five ($225) dollars per month; and all other employees of the fire department not to exceed two hundred ($200) dollars per month; and further provided, that a majority of the board of county commissioners shall name and appoint two thirds of all such officers and employees, and the minority thereof shall name and appoint one third.

      7.  To regulate the storage of gunpowder and other explosive or combustible materials within said town or city.

      8.  To determine what shall be nuisances in such town or city, and provide for the punishment, prevention, and removal of the same.

      9.  To fix and collect a license tax on, and regulate, all places of business and amusement so licensed, as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard tables, boilermakers, boot- and shoe-makers and cobblers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dancehouses, saloons or cellars and places where soft drinks are kept or sold, express and freight companies, foundries, gaming hawkers and peddlers, hayyards, wagonyards and corrals, hotels, boardinghouses and lodginghouses, illuminating gas, electric light companies, power companies, telephone companies, water companies, express companies, bank, and bankers, insurance agents, job-wagons, carts and drays, laundries, livery and sale stables, lumber-yards, manufacturers of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants, and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, barrooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stages and omnibusses, stockbrokers, tailors, clothes-cleaners, telegraph companies, theaters, melodeons, and other exhibitions, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax, and regulate, prohibit, and suppress all tippling houses, dram-shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling-houses, disorderly houses, and houses of ill-fame; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows, or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades, or business within said town or city not heretofore specified.


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

ê1943 Statutes of Nevada, Page 67 (CHAPTER 46, AB 38)ê

 

electric light companies, power companies, telephone companies, water companies, express companies, bank, and bankers, insurance agents, job-wagons, carts and drays, laundries, livery and sale stables, lumber-yards, manufacturers of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants, and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, barrooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stages and omnibusses, stockbrokers, tailors, clothes-cleaners, telegraph companies, theaters, melodeons, and other exhibitions, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax, and regulate, prohibit, and suppress all tippling houses, dram-shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling-houses, disorderly houses, and houses of ill-fame; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows, or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades, or business within said town or city not heretofore specified.

      10.  To provide for the issuance of all licenses in this act mentioned or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued.

      11.  To prevent, punish, and restrain any disorderly conduct within said town or city; to establish and maintain a board of health.

      12.  To hold, manage, use, and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of said town or city, at the actual market value, nor shall it be sold for less than three fourths of such appraised value.

      13.  To fix and prescribe the punishment for the breach of ordinance made or adopted by said board of county commissioners, to be enforced within said town or city; but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city, and to that end a chaingang may be formed, continued, and operated.

      14.  To pass or adopt all ordinances, rules, and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this act conferred; provided, that all ordinances of said town or city in force at the date of the assumption of said board of county commissioners of the powers and duties by this act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such board; and provided further, that no ordinance passed by said board shall be in force or effect until published for one week.

To collect tax on places of business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To regulate licenses

 

 

Restrain disorderly conduct

Regulate sale of property

 

 

 

Punishment for misconduct


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

ê1943 Statutes of Nevada, Page 68 (CHAPTER 46, AB 38)ê

 

Adopt ordinances and regulations

 

 

 

 

 

Property condemned, how

and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this act conferred; provided, that all ordinances of said town or city in force at the date of the assumption of said board of county commissioners of the powers and duties by this act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such board; and provided further, that no ordinance passed by said board shall be in force or effect until published for one week.

      15.  To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The board of county commissioners shall appoint one referee and the claimant or claimants, or owner or owners of the property sought to be condemned, shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or the interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said board of county commissioners, and shall be by them regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in gold coin, of the sum named as the value of such property interest or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of said town or city, and said board of county commissioners may, at any time after twenty days’ notice, cause the sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by the board of county commissioners, to appoint a referee to value such property, then said board of county commissioners shall constitute a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal, as hereinbefore provided; but no act of condemnation of property, or of any claim of interest therein as herein provided, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or county commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.


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

ê1943 Statutes of Nevada, Page 69 (CHAPTER 46, AB 38)ê

 

the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or county commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

      Sec. 2.  Section 12 of the above-entitled act, being section 1242 N. C. L. 1929, is hereby amended to read as follows:

      Section 12.  The board of county commissioners, for the purpose of carrying out the provisions of this act, may appoint from the residents thereof, for each said town or city in their county, one chief of police and as many other peace officers as may be necessary, not exceeding seven. Said officers shall be ex officio collectors of all licenses and taxes, other than property taxes, to be collected for the use of said town or city, and shall exercise such other powers and perform such other duties, including police duties, as may be authorized, directed, or required by the board of county commissioners. Every such officer shall give bond, in ordinary form of official bonds, in such amount as may be designated by the board of county commissioners, and two thirds of them shall be named and appointed by a majority of the board, and one third by a minority. All fees and money collected by any such officer, under any law or ordinance, shall be by him paid to the county treasurer, to be by him distributed to the proper fund of the city or town whence collected, and such officer shall receive for his services such sum as may be fixed by the board of county commissioners, not to exceed two hundred twenty-five dollars ($225) per month, except the chief of police, who shall receive not to exceed two hundred fifty dollars ($250) per month.

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

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

 

 

 

 

 

 

 

 

 

 

Board to appoint police officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 70ê

CHAPTER 47, AB 41

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of controller and treasurer

 

 

In effect

[Assembly Bill No. 41–Mr. Burke]

 

Chap. 47–An Act for the relief of United Air Lines Transport Corp.

 

[Approved March 5, 1943]

 

      Whereas, The Standard Oil Company of California, a corporation delivered in Nevada to United Air Lines Transport Corp. 1,951 gallons of gasoline on September 27, 1941, and the said United Air Lines Transport Corp. paid the Standard Oil Company for said 1,951 gallons of gasoline, together with a four cent (4¢) Nevada state tax on each gallon sold. That at the time of making such payment, United Air Lines Transport Corp. requested that proper receipts be returned so that they could be used for gasoline tax refunds; and

      Whereas, The entire amount of gasoline so purchased by United Air Lines Transport Corp. was not used on public roads and there was a refund due to United Air Lines Transport Corp. of seventy-eight dollars and four cents ($78.04); and

      Whereas, The Standard Oil Company by error and inadvertence failed to return the receipted invoices to the United Air Lines Transport Corp. until after the statutory time for applying for said refund from the Nevada tax commission; and

      Whereas, The claim for seventy-eight dollars and four cents ($78.04) has been rejected by the Nevada state tax commission because it was not filed within the statutory time and has likewise been duly filed and rejected by the state board of examiners of the State of Nevada for the same reason; and

      Whereas, There is no law in the State of Nevada authorizing and permitting the state tax commission or the state board of examiners to refund the amount of excess tax so paid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby directed to draw his warrant and the state treasurer is hereby directed to pay out of any funds in the state treasury not otherwise appropriated to United Air Lines Transport Corp. of Reno, Nevada, the sum of seventy-eight dollars and four cents ($78.04).

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 71ê

CHAPTER 48, AB 63

[Assembly Bill No. 63–Committee on Roads and Highways]

 

Chap. 48–An Act to provide for the extension of operator’s and chauffeur’s licenses for persons in the military services of the United States.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Notwithstanding the provisions of section 23 of “The Uniform Motor Vehicle Operator’s and Chauffeur’s License Act,” being chapter 190, 1941 Statutes of Nevada, or any other law, an operator’s or chauffeur’s license, or renewal license for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during the present war, shall be extended to the termination of such service.

 

 

 

 

 

 

 

 

 

 

Motor laws not operative upon persons in military services

 

________

 

CHAPTER 49, AB 69

[Assembly Bill No. 69–Mr. Donnelly]

 

Chap. 49–An Act for the relief of Mineral County power system.

 

[Approved March 5, 1943]

 

      Whereas, The Mineral County power system of Hawthorne, Nevada, assists the community through cashing the state controller’s warrants; and

      Whereas, The said Mineral County power system neglected to cash certain state warrants within the time limitation and there is now owing from the state certain amounts on such warrants; and

      Whereas, The following warrants have been unpaid:

Mineral County power system.................................................................................        $3.36

Mineral County power system.................................................................................          2.56

Mineral County power system.................................................................................          2.00

Mineral County power system.................................................................................          2.00

Mineral County power system.................................................................................          2.00

Mineral County power system.................................................................................          2.00

Mineral County power system.................................................................................          2.00

Ralph Andrews...........................................................................................................        10.00

Ralph Andrews...........................................................................................................        10.00

Mineral County power system.................................................................................          4.72

Mineral County power system.................................................................................          3.56

Ralph Andrews...........................................................................................................        10.00

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 72 (CHAPTER 49, AB 69)ê

 

 

 

 

 

 

 

 

 

 

Relief of Mineral County power system

 

In effect

Ralph Andrews...........................................................................................................      $10.00

Ralph Andrews...........................................................................................................        10.00

                                                                                                                                    _________

Total ...........................................................................................................................      $74.20

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from any funds in the state treasury the amount of $74.20 for the relief of the Mineral county power system upon the surrender of the controller’s warrants above listed.

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

 

________

 

CHAPTER 50, AB 70

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relief Hawthorne water system

[Assembly Bill No. 70–Mr. Donnelly]

 

Chap. 50–An Act for the relief of Hawthorne water system fund.

 

[Approved March 5, 1943]

 

      Whereas, The Mineral County power system of Hawthorne, Nevada, assists the community through cashing the state controller’s warrants; and

      Whereas, The said Mineral County power system failed to cash certain state warrants within the time limitation, and there is now owing from the state certain amounts on such warrants; and

      Whereas, The following warrants are payable to the Hawthorne water system fund:

Hawthorne water system...........................................................................................        $3.95

Hawthorne water system...........................................................................................          5.00

Hawthorne water system...........................................................................................          2.50

Hawthorne water system...........................................................................................          2.50

Hawthorne water system...........................................................................................          3.50

Hawthorne water system...........................................................................................          3.80

Hawthorne water system...........................................................................................          4.70

Hawthorne water system...........................................................................................          4.55

Hawthorne water system...........................................................................................          3.95

                                                                                                                                    _________

Total ...........................................................................................................................      $34.45

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from any funds in the state treasury the amount of $34.45 for the relief of the Hawthorne water system fund.


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

ê1943 Statutes of Nevada, Page 73 (CHAPTER 50, AB 70)ê

 

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

In effect

 

________

 

CHAPTER 51, AB 79

[Assembly Bill No. 79–Committee on Ways and Means]

 

Chap. 51–An Act to authorize and direct the state controller to make pay roll deductions in conformity with the United States revenue act of 1942 and to make such further deductions and perform such other services as may be imposed by the Congress of the United States; to engage necessary help to carry out the provisions of the United States revenue act as is now in force or may hereafter be enacted.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized and directed to withhold from each claimant’s pay the amounts specified in the revenue act of the United States as is now in force and such amounts as may hereafter be further specified by additional enactments of Congress, and transmit such amounts deducted to the internal revenue department of the United States treasury.

      Sec. 2.  For the purpose of defraying the expenses of administering the duties specified in section one of this act, the state controller is hereby authorized to employ a competent clerk, at a salary not exceeding one hundred seventy-five ($175) dollars per month.

      Sec. 3.  For the purpose of carrying out the provisions of this act the sum of five thousand seventy-five ($5,075) dollars is hereby appropriated to pay the salary of the deduction tax clerk for the period ending June 30, 1943, and the biennium ending June 30, 1945, and for other necessary expenses.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of controller

 

 

 

 

May employ clerk

 

 

 

Appropriation

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 74ê

CHAPTER 52, AB 100

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Members of commission, duties of

 

 

 

 

 

 

 

 

 

 

Written contracts to be issued

[Assembly Bill No. 100–Mr. Ryan]

 

Chap. 52–An Act to amend an act entitled “An act authorizing and regulating boxing and wrestling contests for prizes or purses, or where an admission is charged, and limiting such boxing contests to fifteen rounds; to create the Nevada athletic commission, empowered to license and regulate such contests and all participants therein; to prescribe conditions under which such licenses shall be issued and contests held, authorizing the said commission to appoint county inspectors; to prescribe a penalty for violations of this act, and other matters properly relating thereto,” approved March 13, 1941, by amending section 2 and adding a new section to be known as section 6 1/2.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 40, Statutes of Nevada 1941, is hereby amended to read as follows:

      Section 2.  The members of the commission shall at their first meeting after their appointment elect one of their number chairman of the commission, shall purchase a seal for the commission, and may make such rules for the administration of this act not inconsistent herewith as they deem expedient. They may thereafter amend, revoke, and from time to time make new rules. They shall prepare all forms of contracts between sponsors, licensees, promoters, and contestants, and the state printing office shall print the same upon the request of the secretary of the commission. Any necessary expenses of preparing contracts, regulations, and other rules of the commission shall be paid from the license fees as in this act provided.

      Sec. 2.  The above-entitled act is hereby amended by adding a new section, to be known as section 6 1/2, immediately following section 6 of this act, and reading as follows:

      Section 6 1/2.  Every contestant competing under the terms of this act or regulation of the commission shall be entitled to receive and shall receive a copy of a written contract or agreement approved as to form by the commission binding the licensee to pay to the contestant a certain fixed fee or percentage of the gate receipts, one copy of such agreement being filed with the secretary of the commission and one copy retained by the licensee or sponsor of the contest, and the inspector or member of the commission in attendance at the contest shall determine whether such agreement has been delivered to each contestant and may require that sufficient amount of the gate receipts shall be impounded to pay the contestants according to such agreement.


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

ê1943 Statutes of Nevada, Page 75 (CHAPTER 52, AB 100)ê

 

amount of the gate receipts shall be impounded to pay the contestants according to such agreement.

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

 

 

In effect

 

________

 

CHAPTER 53, AB 101

[Assembly Bill No. 101–Committee on Judiciary]

 

Chap. 53–An Act to promote public morals by abolishing civil causes of action for breach of promise to marry, and alienation of affections; prohibiting the bringing, prosecution, or settlement of any such actions; prescribing penalties for the violation of this act, and other matters connected therewith.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The remedies heretofore provided by law for the enforcement of actions based upon alleged alienation of affections and breach of contract to marry, having been subjected to grave abuses, caused extreme annoyance, embarrassment, humiliation, and pecuniary damage to many persons wholly innocent and free of any wrongdoing, who were merely the victims of circumstances, and having been exercised by unscrupulous persons for their unjust enrichment, and having furnished vehicles for the commission or attempted commission of crime and in many cases having resulted in the perpetration of frauds, it is hereby declared as the public policy of the state that the best interests of the people of the state will be served by the abolition thereof. Consequently, in the public interest, the necessity for the enactment of this act is hereby declared as a matter of legislative determination.

      Sec. 2.  All civil causes of action for breach of promise to marry, and alienation of affections, are hereby abolished; provided, that this section shall not abolish any such cause of action heretofore accrued.

      Sec. 3.  (a) All such causes of action which have heretofore accrued shall be commenced within sixty days after this act takes effect.

      (b) All actions to recover a sum of money for a breach of a presently existing contract to marry shall be commenced within sixty days after the cause of action has accrued.

      (c) All such actions not so commenced shall be thereafter completely and forever barred.

      Sec. 4.  No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the rights of action abolished by this statute.

 

 

 

 

 

 

 

 

 

 

 

 

Abolition of contract marriages

 

 

 

 

 

 

 

 

 

Court action abolished

 

 

Accrued causes, how determined


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

ê1943 Statutes of Nevada, Page 76 (CHAPTER 53, AB 101)ê

 

Contract marriages forever barred

 

 

 

Future action unlawful

 

 

 

 

Misdemeanor

 

Repeal

In effect

operate to give rise, either within or without this state, to any of the rights of action abolished by this statute. No contract to marry, hereafter made or entered into in this state, shall operate to give rise, either within or without this state, to any cause or right of action for the breach thereof, nor shall any contract to marry, made in any other state, give rise to any cause of action within this state for the breach thereof.

      Sec. 5.  It shall hereafter be unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed, in any court of this state, any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this act, whether such cause of action arose within or without this state.

      Sec. 6.  Any person who shall violate any of the provisions of this act, upon conviction, shall be deemed guilty of a misdemeanor.

      Sec. 7.  All acts and parts of acts inconsistent herewith are hereby repealed.

      Sec. 8.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 54, AB 110

 

 

 

 

 

 

 

 

 

 

 

Transfer of certain school funds

 

 

 

 

In effect

[Assembly Bill No. 110–Mrs. Sharp]

 

Chap. 54–An Act authorizing and empowering boards of county commissioners, under certain conditions, to transfer surpluses in emergency loan funds to the school funds of the school district incurring such loans.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any law of the State of Nevada to the contrary notwithstanding, the board of county commissioners of any county in the state is hereby authorized, upon written resolution of the school board concerned, to transfer the surplus remaining in the emergency loan fund of that school district after the emergency loan, together with interest thereon, has been paid in full to the school fund of the school district which incurred the loan.

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

 

________

 

 


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

ê1943 Statutes of Nevada, Page 77ê

CHAPTER 55, AB 112

[Assembly Bill No. 112–Elko County Delegation]

 

Chap. 55–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended, by adding thereto a new section to be known as section 179 1/2.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 179 1/2, immediately following section 179, 5824 N. C. L. 1929:

      Section 179 1/2.  The county board of education in any county where there is a “County High School Fund” may provide a pension for any employees who have reached the age of sixty-five (65) years, and have been in continuous service of the county board of education for a period of thirty (30) years, in the amount of not to exceed seventy-five ($75) dollars per month, and the said county board of education is authorized to budget the amount of any such pensions, and the board of county commissioners shall levy an amount sufficient to pay such pension; provided, that this act shall not apply to any school teacher or other employee entitled to secure benefits from the “Teachers Retirement Fund”; and provided further, that the employee to be pensioned is not entitled to receive any present or future benefits under any title of the federal social security act now in effect or as amended in the future; and provided further, the county board of education is authorized to reduce the pension authorized under this act by any amount so received under any such legislation.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

County boards of education may provide pensions

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 78ê

CHAPTER 56, AB 127

 

 

 

 

 

 

 

 

 

 

 

 

Conveyance of land authorized

 

 

 

 

 

In effect

[Assembly Bill No. 127–Mr. Jepson]

 

Chap. 56–An Act authorizing the board of directors of the state orphans’ home of the State of Nevada to convey to the department of highways of said state all its right, title, and use of certain state lands situate in Ormsby County, now under the jurisdiction of said board of directors.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of directors of the state orphans’ home of the State of Nevada is hereby authorized to convey to the department of highways of said state for the use of said department, all its right, title, and the right to the use of that certain land belonging to the State of Nevada, now under the jurisdiction of said board of directors, being situate in Ormsby County and being a portion of the NW 1/4 of the NW 1/4 of section 29, and the W 1/2 of the W 1/2 of section 20, all in township 15 north, range 20 east, M. D. B. & M., containing 20.25 acres, more or less.

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

 

________

 

CHAPTER 57, AB 56

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Violation misdemeanor

[Assembly Bill No. 56–Committee on Public Printing]

 

Chap. 57–An Act to amend an act entitled “An act providing for the publication of receipts and disbursements and a statement of the finances of every incorporated city in Nevada, providing penalties for the violation hereof, and other matters properly relating thereto,” approved March 23, 1939.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 130 Statutes of Nevada 1939, page 166, is hereby amended to read as follows:

      Section 2.  Any city officer in this state who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred ($500) dollars, or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.

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

      Section 1.  From and after the passage of this act it shall be the duty of the city clerk and city council in every incorporated city in the State of Nevada, whether incorporated under the general incorporation act or under the provisions of a special act, to cause to be published quarterly in some newspaper, published as hereinafter provided, a statement of the finances of the city, showing receipts and disbursements, exhibiting in detail the bills allowed and paid.


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

ê1943 Statutes of Nevada, Page 79 (CHAPTER 57, AB 56)ê

 

be the duty of the city clerk and city council in every incorporated city in the State of Nevada, whether incorporated under the general incorporation act or under the provisions of a special act, to cause to be published quarterly in some newspaper, published as hereinafter provided, a statement of the finances of the city, showing receipts and disbursements, exhibiting in detail the bills allowed and paid. Such statement shall be signed by the mayor and attested by the city clerk, and shall be published in a newspaper published in such city. If there shall be no newspaper published in such city, then in a newspaper published in the county, and if there be no newspaper published in the county, such financial statement shall be posted by the city clerk at the door of the city hall.

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

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

City clerks to publish quarterly reports

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 58, SB 8

[Senate Bill No. 8–Senators Caughman and Farndale]

 

Chap. 58–An Act to amend an act entitled “An act providing for the reemployment of persons called from their employment by reason of the provisions of the so-called federal ‘Selective Training and Service Act of 1940,’ and providing for the method of enforcing the provisions thereof,” approved March 12, 1941, by amending the title thereto, amending certain sections thereof, and adding a new section thereto.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act, being chapter 34 of the 1941 Statutes of Nevada, is hereby amended to read as follows:

      An act providing for the reemployment of persons who enlist or are inducted into the military service of the United States; providing a method for filling the temporary vacancies created by elective officers; and providing the method of enforcing the provisions hereof.

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

      Section 1.  Any person who enlists or is inducted into the military service of the United States, and in order to perform such training and service has left or leaves a position, other than a temporary position, in which the status of seniority is not recognized by the employer, and who

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amended

 

 

 

 

Rights of enlistees in military service


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

ê1943 Statutes of Nevada, Page 80 (CHAPTER 58, SB 8)ê

 

Rights of enlistees in military service

 

 

 

 

 

 

 

 

 

 

Duty of employer

 

 

 

Appointive officers

 

 

 

 

 

 

If elective officers

 

 

 

Privileges of employees

than a temporary position, in which the status of seniority is not recognized by the employer, and who

      (a) Receives a certificate showing that he has been honorably discharged from the military service of the United States; or

      (b) Has received a certificate of discharge showing that he has been, by reason of physical disability, or for any other reason, discharged or excused from the military service of the United States; or

      (c) Has been called from his employment, but who by reason of physical disability, or for any other reason, has not been inducted into the military service of the United States, and if such person is still qualified to perform the duties of the position vacated, and makes application for reemployment within forty (40) days after he is relieved from such training or service;

      (1) If such position was in the employ of a private employer such employer shall restore such person to such position or to a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so;

      (2) If such position was as an appointive officer or as an employee in any department, commission, or agency of the State of Nevada, or in the employ of any county or political subdivision of the State of Nevada, or in the employ of any city, town, or irrigation district within the State of Nevada, such employer shall restore such person to such position or to a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.

      (3) If such position was an elective officer of the state or any political subdivision thereof, such person shall be restored to such position, status, and pay at any time during the term for which he was elected as provided herein.

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

      Section 2.  Any person who is restored to a position in accordance with the provisions of paragraphs (1) or (2) of section one (1) shall be considered as having been on furlough or leave of absence during his period of training and service in the military service of the United States, shall be so restored without loss of seniority; shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted or enlisted in such military service of the United States, or in effect at the time such person was called from his employment under the provisions of the act herein referred to, and shall not be discharged from such position without cause within one (1) year after such restoration.


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

ê1943 Statutes of Nevada, Page 81 (CHAPTER 58, SB 8)ê

 

shall not be discharged from such position without cause within one (1) year after such restoration.

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

      Section 4.  The provisions of this act shall not apply to any person who is dismissed from the military service of the United States with a dishonorable discharge.

      Sec. 5.  The above-entitled act is further amended by adding thereto a new section to be known as “Section 4b,” and shall read as follows:

      Section 4b.  Any elective officer who may hereafter enter the military service of the United States shall be deemed to have been granted a leave of absence for such period of service; provided, however, that no leave of absence provided for in this act shall operate to extend the term for which the occupant of any elective position shall have been elected. During such leave of absence the position of any elective officer shall be filled temporarily by an appointment to be made by the officer, board, or other agency which is now authorized by law to fill a vacancy caused by the death or resignation of the elective officials so ordered to service.

      Any person so appointed during the time of his incumbency shall exercise all the powers and duties of the office, and shall receive the regular compensation therefor. Nothing in this act shall be construed to give any officer who is granted a leave of absence, as provided for herein, any claim for salary or compensation during the continuance thereof, and no such officer shall have any claim therefor.

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

 

 

 

Exception

 

 

 

Elective officers deemed on leave of absence

 

 

 

 

 

No compensation during leave

 

 

 

In effect

 

________

 

CHAPTER 59, SB 62

[Senate Bill No. 62–Senator Cox]

 

Chap. 59–An Act to amend an act entitled “An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917, as amended.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being section 6547 Nevada Compiled Laws 1929, as amended by chapter 179, page 279, Statutes of Nevada 1939, be amended to read as follows:

 


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

ê1943 Statutes of Nevada, Page 82 (CHAPTER 59, SB 62)ê

 

State board of equalization

 

 

 

 

 

 

 

 

 

Reports of assessors

 

 

 

 

 

Review of tax rolls

 

 

 

 

 

Appeals, when heard

      Section 6.  The state board of equalization shall be composed of the members of the tax commission and shall convene as such board on the first Tuesday after the first Monday in September of each year at Carson City, and continue in session from day to day until the business of such session shall be completed; provided, such session shall not continue beyond the third Monday in September. It shall be the mandatory duty of all members of the state board of equalization to attend each and every session, and each day thereof, of the said board of equalization except in case of illness of any such member. The chairman of the tax commission shall be the chairman of said board, and the secretary of said commission shall be the secretary of such board. Each member of the tax commission shall have a vote upon said board, and in all cases a majority vote of the entire membership of said board shall govern. It shall be the duty of each county assessor to prepare and file with the secretary of the said board of equalization, on or before the first Monday in August, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year, and it shall be the further duty of each said assessor to file with or cause to be filed with the said secretary, on or before the said first Tuesday after the first Monday in September, the tax roll, or a true copy thereof, of his county for such current year as corrected by the county boards of equalization. It shall be the duty of the said board of equalization to review the said tax rolls of the various counties as corrected by the county boards of equalization thereof and to raise or lower, equalizing and establishing the full cash value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the tax commission, of any class or piece of property in whole or in part in any county, including also livestock and those classes of property enumerated in section 5 of this act; provided, that the said board of equalization shall hear and determine all appeals from the action of each county board of equalization, as provided in section 23 1/2 of “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, and as amended; provided further, no such appeals shall be heard and determined by the said board of equalization where overvaluation or excessive valuation of the claimant’s property, or the undervaluation of other property, or nonassessment of other property, was the ground of complaint before the county board of equalization, save upon the terms and conditions provided in section 23 of the aforesaid act to provide revenue for the support of the government of the State of Nevada. No appeal shall be heard and determined save upon the evidence and data submitted to the county board of equalization, unless it is proven to the satisfaction of the state board of equalization that it was impossible in the exercise of due diligence to have discovered or secured such evidence and data in time to have submitted the same to the county board of equalization prior to its final adjournment.


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

ê1943 Statutes of Nevada, Page 83 (CHAPTER 59, SB 62)ê

 

and determined save upon the evidence and data submitted to the county board of equalization, unless it is proven to the satisfaction of the state board of equalization that it was impossible in the exercise of due diligence to have discovered or secured such evidence and data in time to have submitted the same to the county board of equalization prior to its final adjournment.

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

 

 

 

 

 

In effect

 

________

 

CHAPTER 60, SB 23

[Senate Bill No. 23–Senator Haight]

 

Chap. 60–An Act to amend an act entitled “An act to create a state contractors’ board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancellation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto,” approved March 31, 1941.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of article I of the above-entitled act, being chapter 186 Statutes of Nevada 1941, page 442, is hereby amended to read as follows:

      Section 6.  Any member of the committee of the board may take testimony and proofs concerning all matters within the jurisdiction of the board. The board, or any member thereof, or the secretary of the board, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers. In any hearing in any part of the state the process issued by the board shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed the fees prescribed by law for similar service, and such fees shall be paid in the same manner as provided herein for the payment of the fees of witnesses. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpenaed. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board, his fees and mileage shall be paid from the funds of the board in the same manner as other expenses of said board are paid.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board may take testimony

 

 

 

 

 

 

 

Witnesses to collect fees


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

ê1943 Statutes of Nevada, Page 84 (CHAPTER 60, SB 23)ê

 

 

Duties of district court

 

 

 

 

 

 

 

 

 

 

 

 

Witness, how summoned

 

 

 

 

Failure to appear contempt

 

Depositions, how taken

 

 

 

Rights of parties

the funds of the board in the same manner as other expenses of said board are paid.

      The district court in and for the county in which any hearing may be held by the board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said books or papers, and that the witness has been subpenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing, and ask an order of said court compelling the witness to attend and testify or produce said books or papers before the board. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended or testified or produced said books or papers before the board. A certified copy of said order shall be served upon said witness. If it shall appear to the court that said subpena was regularly issued by the board, the court shall thereupon enter an order that said witness appear before the board at the time and place fixed in said order and testify or produce the required books or papers, and upon failure to obey said order said witness shall be dealt with as for contempt of court.

      The board may in any hearing before it cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers.

      Any party to any hearing before the board shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the board and designating the person or persons sought to be subpenaed.

      Sec. 2.  Article VII of the above-entitled act, being chapter 186 Statutes of Nevada 1941, page 442, is hereby amended by adding a new section thereto to be known as section 3, to read as follows:


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

ê1943 Statutes of Nevada, Page 85 (CHAPTER 60, SB 23)ê

 

      Section 3.  No person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, engaged in the business or acting in the capacity of a contractor shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which a license is required by this act without alleging and proving that such person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, was a duly licensed contractor at all times during the performance of such act or contract.

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

Duly licensed contractor only may sue

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 61, SB 43

[Senate Bill No. 43–Senator Russell]

 

Chap. 61–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section 76 of the above-entitled act, being section 5726 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 76.  All school districts in Nevada are hereby divided into two classes. Districts employing ten or more regular grade teachers shall be known as districts of the first class, and districts employing less than ten teachers shall be known as districts of the second class. The board of school trustees of any district of the first class is hereby authorized to create the office of city superintendent of schools for such district, to define the powers and duties of such superintendent, to elect to said office any person entitled to teach in the high schools of this state, and to fix the salary; and the county board of education of any county in this state is hereby likewise authorized to create the office of superintendent of the county high school; provided, that ten full-time teachers are regularly employed in said county high school, and to define the powers and duties and salary thereof and elect thereto a person qualified to teach in the high schools of this state; provided, that no city superintendent or superintendent of a county high school shall be elected for more than one year, unless said city superintendent or said superintendent of a county high school, as the case may be, shall have first served two years acceptably in the district or county, whereupon said board of trustees or county board of education may elect said superintendent for a term of not to exceed four years; provided further, that said superintendent may be dismissed at any time for cause.

 

 

 

 

 

 

 

 

 

 

 

 

School districts classified

 

Duties of trustees

 

 

 

 

 

 

 

 

Length of term


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

ê1943 Statutes of Nevada, Page 86 (CHAPTER 61, SB 43)ê

 

 

 

 

In effect

county, whereupon said board of trustees or county board of education may elect said superintendent for a term of not to exceed four years; provided further, that said superintendent may be dismissed at any time for cause.

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

 

________

 

CHAPTER 62, SB 60

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

Repeal

 

 

 

Duties of county commissioners

 

 

 

 

Repeal

 

In effect

[Senate Bill No. 60–Committee on Education, State Library, and Public Morals]

 

Chap. 62–An Act repealing certain sections and to amend certain sections of an act entitled “An act relating to the support of the poor,” approved November 29, 1861.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 5138 N. C. L. 1929, is hereby repealed.

      Sec. 2.  Section 3 of the above-entitled act, being section 5139 N. C. L. 1929, is hereby repealed.

      Sec. 3.  Section 4 of the above-entitled act, being section 5140 N. C. L. 1929, is hereby amended so as to read as follows:

      Section4.  When any poor person shall not have relatives of sufficient ability to care for and maintain such poor person, or when such relatives refuse or neglect to care for and maintain such poor person, then said poor person shall receive such relief as the case may require out of the county treasury, and the county commissioners may either make a contract for the necessary maintenance of said poor person, or appoint such agents as they may deem necessary to oversee and provide for the same.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 6.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1943 Statutes of Nevada, Page 87ê

CHAPTER 63, SB 44

[Senate Bill No. 44–Committee on Judiciary]

 

Chap. 63–An Act prohibiting corporations, their officers, employees, or agents acting in their behalf, not organized under the laws of this state, except a national banking association with its principal place of business in the State of Nevada, from being appointed to act in this state as executor, administrator, guardian of infants or estates, receiver, depositary, or trustee under appointment of any court or by authority of any law of this state.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  No banking, or other corporation, unless it is organized under the laws of and has its principal place of business in this state, or is a national banking association, the principal place of business of which is located within this state, nor any officer, employee, or agent of such corporation acting in its behalf, shall hereafter be appointed to act as executor, administrator, guardian of infants or estates, receiver, depositary, or trustee under appointment of any court or by authority of any law of this state.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Banks must be organized under laws of Nevada to administer estates

 

 

 

In effect

 

________

 

CHAPTER 64, SB 16

[Senate Bill No. 16–Committee on Judiciary]

 

Chap. 64–An Act to amend an act entitled “An act in relation to the changing of names of individuals,” approved February 10, 1869, as amended, being chapter XVI of the 1869 Statutes of Nevada.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 9458 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 2.  Upon the filing of said petition the applicant shall make out and procure, to be published in some newspaper of general circulation in the county once a week for three successive weeks, a notice, stating the fact of the filing of the petition, its object, his or her present name, and the name which he or she desires to bear in the future.

      Sec. 2.  Section 3 of the above-entitled act, being section 9459 N. C. L. 1929, is hereby amended to read as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition must be published


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

ê1943 Statutes of Nevada, Page 88 (CHAPTER 64, SB 16)ê

 

Duties of the court

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

      Section 3.  If, within ten days after the last publication of said notice no written objection shall be filed with said clerk, upon proof of the filing of the petition and publication of notice, as required in section 2, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the said court shall make an order changing the name of the applicant as prayed for in the petition. If, within said period, objection be filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice; and upon said day shall hear the proofs, and grant or refuse the prayer of the petitioner, according as the proofs shall or shall not show satisfactory reasons for making said change. Upon the making of an order granting the prayer of the petitioner, the same shall be recorded as a judgment of said court, and the name of the applicant shall thereupon be as stated in said order.

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

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

 

________

 

CHAPTER 65, SB 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of clerk upon filing judgment roll

[Senate Bill No. 17–Committee on Judiciary]

 

Chap. 65–An Act to amend section 332 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, the same being section 8830 N. C. L. 1929, and to repeal all acts and parts of acts in conflict herewith.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 332 of “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911, and being section 8830 N. C. L. 1929, is hereby amended so as to read:

      Section 332.  Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him (noting thereon the hour and minutes of the day of such entry), and from the time the judgment is docketed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterwards acquire, until the said lien expires. The lien shall continue for six years, unless the judgment be stayed on appeal by the execution of a sufficient undertaking as provided in this code, in which case the lien of the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases, or unless said judgment be previously satisfied.


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

ê1943 Statutes of Nevada, Page 89 (CHAPTER 65, SB 17)ê

 

the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases, or unless said judgment be previously satisfied. But the time during which the execution of the judgment is suspended by appeal, or action of the court, or defendant, shall not be computed. A judgment or decree of the district or other court of the United States in and for the district of Nevada, when docketed by the clerk thereof as herein provided, from the time of such docketing becomes a lien on all the real property of the judgment debtor not exempt from execution in the county where such judgment or decree was rendered, owned by him at the time or which he may afterwards acquire, until the lien ceases. Such lien continues for six years, unless the enforcement of the judgment or decree be stayed on appeal by the execution of a sufficient undertaking as provided by statutes of the United States, in which case the lien of the judgment or decree and, unless otherwise by statutes of the United States provided, of any attachment that has been levied in the action ceases.

 

 

 

Judgment or decree lien on all real property

 

________

 

CHAPTER 66, SB 18

[Senate Bill No. 18–Committee on Judiciary]

 

Chap. 66–An Act to amend an act entitled “An act in relation to the state library,” approved February 14, 1865, as amended.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 7086 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 2.  The state library shall be under the control of a commission to be known as the state library commission which shall consist of the governor, state controller, and secretary of state. A state librarian shall be appointed by the governor who shall hold office at the pleasure of the governor and who shall qualify according to law, and give a bond to the State of Nevada for the faithful performance of his duties in the sum of five thousand ($5,000) dollars. The state librarian shall be paid a salary of two thousand four hundred dollars per annum, payable in equal semimonthly installments, as other state officers are paid. The state librarian shall appoint such assistant state librarians and other employees as may be necessary for the proper operation of the state library. The state librarian shall be responsible for the safe-keeping of all the property of the state library, and shall cause all books, maps, charts, pamphlets, and other documents thereof to be impressed with the proper stamp or seal after the same has been procured.

 

 

 

 

 

 

 

 

 

 

 

 

State library commission


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

ê1943 Statutes of Nevada, Page 90 (CHAPTER 66, SB 18)ê

 

 

 

 

 

Powers and duties of librarian

 

 

 

 

 

 

 

 

 

 

 

 

Commission to adopt rules

 

In effect

documents thereof to be impressed with the proper stamp or seal after the same has been procured.

      The state librarian shall have the following powers and duties and he shall be authorized:

      (1) To purchase books, magazines, newspapers, and other documents, together with necessary bindings for the preservation of the same; provided, that no warrant shall be drawn by the state controller for such purposes until the bill has been presented by the state librarian and approved and allowed by the state board of examiners and paid in the same manner as other claims against the state.

      (2) To purchase, secure, and retain in the state library a sufficient number of the “Nevada Compiled Laws 1929”; “Nevada Compiled Laws, Supplement 1931-1941”; and such other supplementary compilations as may be hereafter issued for the use of the members of the Nevada legislature when the legislature is in session.

      (3) To send on exchange account Nevada Compiled Laws 1929, Nevada Compiled Laws, Supplement 1931-1941, and such other supplementary compilations as may be hereafter issued to each of the state libraries of the United States of America. Each set is to be delivered in exchange for legal compilations of other states and shall be sent free of charge.

      The state library commission may adopt rules and regulations for the issuance of exchange sets, the loan of legal books to the state legislature, and for the general government of the state library.

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

 

________

 

CHAPTER 67, SB 25

 

[Senate Bill No. 25–Senator Lemaire]

 

Chap. 67–An Act providing for the care and permanent preservation of obsolete and noncurrent public records by the Nevada State Historical Society, Inc.; authorizing state, county, municipal, and other officers required to keep documentary records to deliver obsolete and noncurrent records to such historical society; providing that the executive officers of such historical society may make certified copies of such records, which certified copies so made shall have the same force and effect as though made by the recording officer in the first instance; providing that fees may be charged for such certified copies, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 5, 1943]

 

      Whereas, The Nevada State Historical Society, Inc., as trustee of the State of Nevada, has already in its possession and use books, papers, maps, documents, and other materials pertaining to the antecedents of every phase of development in this state and is constantly adding to these sources of historical information with a view to their use in the promotion of studies to facilitate the further development of the state and to diffuse here and elsewhere a knowledge of the factors which are related to the future material and moral progress of this state; and

 


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

ê1943 Statutes of Nevada, Page 91 (CHAPTER 67, SB 25)ê

 

and use books, papers, maps, documents, and other materials pertaining to the antecedents of every phase of development in this state and is constantly adding to these sources of historical information with a view to their use in the promotion of studies to facilitate the further development of the state and to diffuse here and elsewhere a knowledge of the factors which are related to the future material and moral progress of this state; and

      Whereas, Most county courthouses are already crowded and the war is making it increasingly difficult to find adequate storage space for records, while the demand for waste paper is likely to result in more or less indiscriminate destruction of other than current records; and

      Whereas, All county and other local records are especially significant for the reason that the pioneering history of this state is reflected in the local communities and the records thereof; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  Any state, county, municipal, or other official is hereby authorized and empowered to turn over to the Nevada state historical society, for permanent preservation therein, all obsolete official books, records, documents, original papers, newspaper files, and printed books not in current use in his office; provided, however, that a state officer shall have first obtained the consent and approval of the governor, a county officer the consent of the board of county commissioners, a municipal officer the consent of the city council, and any other officer shall obtain the consent of the department head under which he operates. When so surrendered, copies therefrom shall be made and certified by the executive officer of the Nevada state historical society upon the application of any person interested, which certification shall have all the force and effect as if made by the officer originally in the custody of such records, and for which the same fees shall be charged, to be collected in advance.

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

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Historical society to handle obsolete official documents

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1943 Statutes of Nevada, Page 92ê

CHAPTER 68, SB 27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of institution

 

 

 

 

Additional powers of board

 

 

 

 

 

Appropriation for heating plant

 

 

 

Appropriation for operating expenses

[Senate Bill No. 27–Senator Johnson]

 

Chap. 68–An Act to amend an act entitled “An act establishing the Nevada museum and art institution; creating a board of control therefor; providing for the reception, collection, preservation, housing, care, display, and exhibit of examples of the useful and fine arts, sciences, and industries, relics, products, works, records, rare and valuable articles and objects, the property of the State of Nevada, or to be obtained through gifts, loans, purchases, or accession; defining the duties and powers of said board and the duties of other institutions and agencies in relation thereto; making an appropriation to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto,” approved March 25, 1939, by the addition of four sections to said act.

 

[Approved March 5, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the said above-entitled act, being chapter 159 Statutes of Nevada 1939, page 238, is hereby amended by adding a section thereto numbered section 3.1 and to read as follows:

      Section 3.1.  That the said institution shall be known and called “Nevada State Museum,” and the said board shall be termed and called by the short title of “Nevada State Museum Board.”

      Sec. 2.  That the above-entitled act is hereby amended by adding a section numbered section 3.2 and to read as follows:

      Section 3.2.  That in addition to the powers, duties, and discretion herein granted, the board shall also have the power and discretion to accept and apply all sums, donations, and property, subject to the terms and conditions of the donor, and to apply and expend such sums, donations, and property in accordance with such terms and conditions.

      Sec. 3.  That the above-entitled act is hereby amended by adding a section numbered section 3.3 and to read as follows:

      Section 3.3.  There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of $7,500 for the purpose of installing a furnace and heating plant equipment in the said state museum at Carson City.

      Sec. 4.  That the above-entitled act is hereby amended by adding a section numbered section 3.4 and to read as follows:

      Section 3.4.  There is hereby appropriated the sum of nine thousand one hundred ($9,100) dollars out of any moneys in the state treasury, not otherwise appropriated, for the purpose of support and to cover the operating and incidental expenses of the said state museum and institution for the biennium July 1, 1943, to July 1, 1945.


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

ê1943 Statutes of Nevada, Page 93 (CHAPTER 68, SB 27)ê

 

the purpose of support and to cover the operating and incidental expenses of the said state museum and institution for the biennium July 1, 1943, to July 1, 1945.

      Sec. 5.  This act shall take effect immediately upon its passage and approval.

 

 

In effect

 

________

 

CHAPTER 69, SB 58

[Senate Bill No. 58–Committee on Ways and Means]

 

Chap. 69–An Act for the relief of Dr. Lin S. Felder, Dr. J. R. McDaniel, Dr. Charles E. Secor.

 

[Approved March 5, 1943]

 

      Whereas, Dr. Lin S. Felder, Dr. J. R. McDaniel, and Dr. Charles E. Secor, licensed practicing physicians of the State of Nevada, did severally render services to the national guard of the State of Nevada in the examination of recruits, as well as vaccinations and inoculations under the authority of orders issued from the adjutant general’s department prior to the induction of said men into the armed services of the State of Nevada and the United States, for which claims were duly rendered, but not prior to the expiration of the biennium commencing July 1, 1939, and expiring June 30, 1941, in the sum total of one hundred and thirty-five dollars ($135); and

      Whereas, The said Lin S. Felder has filed with the state board of military auditors a claim for reimbursement for services performed in the sum of one hundred and twenty-two dollars ($122), and the said J. R. McDaniel has filed with the state board of military auditors a claim for reimbursement of nine dollars ($9), and the said Charles E. Secor has filed for reimbursement with the state board of military auditors in the sum of four dollars ($4); and

      Whereas, Said claims have been duly approved by the state board of military auditors and presented and acted upon by the state board of examiners, and have been duly allowed by both of said boards when funds are available to pay the same, and all the said claims have been rejected by the state controller upon the ground that the balance of the appropriation from which said claims might legally have been paid reverted to the general fund of the state treasury on July 1, 1941; and, therefore, no funds remain in the said appropriation or are available with which to pay said claims or either or any of them; and

      Whereas, There is now available in the appropriation for the support of the adjutant general and the Nevada national guard an unexpended balance of approximately three thousand dollars ($3,000), and that is sufficient for the current expenses thereof for the current biennium and still pay said claims; and the said sums are rightfully due and owing from the State of Nevada to the said Dr.

 

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 94 (CHAPTER 69, SB 58)ê

 

 

 

 

 

 

 

 

Duties of controller and treasurer

 

 

 

 

 

 

In effect

claims; and the said sums are rightfully due and owing from the State of Nevada to the said Dr. Lin S. Felder, Dr. J. R. McDaniel, and Dr. Charles E. Secor for such services so rendered; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized and directed to draw his warrant in favor of Dr. Lin S. Felder, Winnemucca, for one hundred and twenty-two dollars ($122), Dr. J. R. McDaniel, Las Vegas, for the sum of nine dollars ($9), and Dr. Charles E. Secor, Elko, for the sum of four dollars ($4), totaling one hundred and thirty-five dollars ($135), and the state treasurer is directed to pay the same from said appropriation so already made for the support of the office of the adjutant general and the Nevada national guard for the biennium commencing July 1, 1941, and ending June 30, 1943.

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

 

________

 

CHAPTER 70, SB 54

 

[Senate Bill No. 54–Committee on Ways and Means]

 

Chap. 70–An Act to amend section 20 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the importation and sale of wines, beers, and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers’ and wholesalers’ licenses; to impose a stamp tax on the sale of such wines, beers, and intoxicating liquors; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; to provide penalties for the violation thereof; and to repeal all acts or parts of acts in conflict herewith, approved March 30, 1935,” as amended by chapter 107 Statutes of Nevada 1939, approved March 21, 1939.

 

[Approved March 6, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of the above-entitled act, being chapter 160 of the 1935 Statutes of Nevada, as amended, is hereby amended so as to read as follows:


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

ê1943 Statutes of Nevada, Page 95 (CHAPTER 70, SB 54)ê

 

      Section 20.  The balance of the revenues derived from this act, after the cost of administration has been deducted therefrom, shall be paid into the general fund.

      Sec. 2.  This act shall become effective on July 1, 1943.

Disposition of revenue

 

In effect

 

________

 

CHAPTER 71, SB 26

[Senate Bill No. 26–Senator Lemaire]

 

Chap. 71–An Act to amend an act entitled “An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses; and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies,” approved March 28, 1933, as amended by chapter 147, 1935 Statutes of Nevada, page 321, as amended by chapter 61, 1941 Statutes of Nevada, page 80.

 

[Approved March 9, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of the above-entitled act, as amended by chapter 147, 1935 Statutes of Nevada, and as amended by chapter 61, 1941 Statutes of Nevada, page 80, is hereby amended to read as follows:

      Section 20.  The paid-up capital, together with the surplus of any state bank, shall, subject to the limitations of section 8 hereof, be such proportion of the total deposit liability of said bank, as may be determined by the superintendent of banks and the state board of finance; provided, that in determining the amount of paid-up capital and surplus that shall be required, the superintendent of banks and the state board of finance shall give due consideration to the character and liquidity of the assets of said bank and to the standards, regarding capital requirements, established by other banking supervising agencies, state and federal; and provided further, that the superintendent of banks and the state board of finance may, for the purpose of determining the required amount of capital and surplus for any state bank, include as capital and surplus six per centum of the par value of all United States government bonds owned by said bank, and also may include as capital and surplus six per centum of all cash reserve which exceeds the fifteen per centum cash reserve required by section 14 of this act; and provided further, that in no case shall the aggregate amount of capital and surplus as hereby determined equal an amount which is less than six per centum of the deposit liability.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Paid-up capital


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ê1943 Statutes of Nevada, Page 96 (CHAPTER 71, SB 26)ê

 

 

 

 

 

 

 

Six percent ratio

 

 

 

 

 

 

Dividends

 

 

 

Repeal

 

In effect

the state board of finance may, for the purpose of determining the required amount of capital and surplus for any state bank, include as capital and surplus six per centum of the par value of all United States government bonds owned by said bank, and also may include as capital and surplus six per centum of all cash reserve which exceeds the fifteen per centum cash reserve required by section 14 of this act; and provided further, that in no case shall the aggregate amount of capital and surplus as hereby determined equal an amount which is less than six per centum of the deposit liability. The deposit liability for the purposes of this section shall be the average of daily deposit liabilities for a period of sixty days. Nothing in this section shall be deemed to prohibit the acceptance of deposits by any bank while it is proceeding expeditiously, as determined by the superintendent of banks, to comply herewith.

      Sec. 2.  Section 26 of the above-entitled act, as amended by chapter 61, 1941 Statutes of Nevada, page 80, is hereby amended to read as follows:

      Section 26.  The directors or owners of any bank doing business under this act may declare dividends of so much of the net profits as they may judge expedient; provided, however, that no dividends shall be paid unless the capital and surplus of the bank equal not less than the minimum capital requirements of section 20 hereof.

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

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

 

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ê1943 Statutes of Nevada, Page 97ê

CHAPTER 72, SB 55

[Senate Bill No. 55–Committee on Education, State Library, and Public Morals]

 

Chap. 72–An Act 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,” as amended.

 

[Approved March 9, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act 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, but excepting casual income and inconsequential resources, is hereby determined and designated as not less than $40 per month, and in determining the amount of assistance for each such person, the county board and the state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, but excepting casual income and inconsequential resources, shall equal the sum of not less than $40 per month.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Maximum monthly allowance $40


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ê1943 Statutes of Nevada, Page 98 (CHAPTER 72, SB 55)ê

 

 

 

 

 

 

 

Removal to another county

 

 

 

 

 

 

 

 

 

 

Duties of secretary of board

 

 

 

 

 

 

Duties of controller

 

 

 

 

 

 

 

Warrants to be mailed direct

of assistance for each such person, the county board and the state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, but excepting casual income and inconsequential resources, shall equal the sum of not less than $40 per month.

      Sec. 2.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  Removal to Another County.  The award finally made of assistance to any recipient shall, upon his removal to another county of this state, continue to be paid by the county theretofore awarding the same for a reasonable period of time after such removal, after which his assistance from that county shall cease; and at any time thereafter such recipient shall be entitled to apply for and, if eligible under the provisions of this act, shall be allowed and paid such old-age assistance by the county to which he so removed and of which he became such a resident as may be awarded by the county board of the county to which he so removed, subject to all the provisions and restrictions of this act just as if he had not theretofore been a recipient in said other county.

      Sec. 3.  Section 18 of the above-entitled act is hereby amended to read as follows:

      Section 18.  Payment of Assistance.  Federal Audit.  The secretary of the said state board shall furnish to the governor of this state and to the state controller and state treasurer a full, true, and correct list of recipients in each county of this state entitled to such assistance, and of the monthly amount to be paid to each of them from said federal funds, certified to by him as being a full, true, and correct list of such recipients in that county and the amount to which each of them is entitled under this act, which list is subject to revision by said state board and its secretary to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller of this state shall promptly, upon receiving such certified list, draw his warrant upon said fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and said state treasurer shall pay the same. Every such warrant shall be for the total amount of federal, state, and county funds to which each such recipient is entitled under the provisions of this act. Said state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants for distribution in each county to the county clerk of that county; said county clerk shall, immediately upon receipt thereof, mail such warrants to each of the recipients in that county entitled thereto or to his duly appointed and qualified guardian, if he has any such guardian, taking proper receipts therefor, or assuring himself by other proper evidence of such delivery.


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ê1943 Statutes of Nevada, Page 99 (CHAPTER 72, SB 55)ê

 

evidence of such delivery. Insofar as that portion of said moneys so deposited to pay on the expenses of the administration of this act and of said social security act, and in the distribution of such old-age assistance, is concerned, it shall be disbursed in the same manner as provided for hereinbefore in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by said secretary of said state board, and the audit and allowance thereof as required by the laws of this state.

      All officers mentioned hereinbefore in this section and concerned with the handling of such federal funds are hereby fully authorized to do and perform all acts and things necessary to accomplish the purposes of this section.

      The books, records, and accounts of said state controller and state treasurer relating to said old-age assistance fund in said state treasury shall be open to inspection and subject to audit by the United States government or said auditor of public accounts of the United States, or any other duly authorized auditor, accountant, or agent of either thereof.

 

 

 

 

 

 

 

All officers to cooperate

 

 

Federal audit

 

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CHAPTER 73, AB 77

[Assembly Bill No. 77–Mr. Kelly]

 

Chap. 73–An Act to amend an act entitled “An act regulating the salaries of certain employees in the various state offices and departments,” approved March 30, 1929, as amended, and all acts and parts of acts amendatory or supplementary thereto, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 10, 1943]

 

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 7562 Nevada Compiled Laws 1929, as amended by chapter 201, Statutes of Nevada 1937, and chapter 82 of the 1941 Statutes of Nevada, is hereby amended to read as follows:

      Section 1.  From and after the passage and approval of this act each stenographer, typist, or clerk, and each assistant state librarian, except the corporation clerk, and the chief clerk, in the office of the secretary of state, the chief clerk in the motor vehicle department, the insurance examiner in the state controller’s office, the clerk in the office of the state inspector of mines, the chief clerk in the bank examiner’s department, the chief clerk in the office of the state controller, the chief clerk-stenographer in the office of the attorney-general, and excepting also all persons employed by any state department now or hereafter operating under the merit system as provided for in the Nevada employment security administration law, being chapter 59 of the 1941 Statutes, employed in any of the various offices of elective officers of the State of Nevada, and the bank examiner, Nevada tax commission, labor commissioner, public service commission, state board of health, department of highways, state engineer, and state library, shall receive as salary for the first two years of employment, one hundred and forty-three and 75/100 ($143.75) dollars per month; for second two years of employment, one hundred and sixty-one ($161) dollars per month; after four years of employment one hundred and seventy-two and 50/100 ($172.50) dollars per month; which shall be the maximum salary of such stenographer, typist, and clerks; provided, however, that nothing herein contained shall be construed so as to reduce the compensation now authorized by law to be paid any stenographer, typist, or clerk.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of certain state employees increased


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ê1943 Statutes of Nevada, Page 100 (CHAPTER 73, AB 77)ê

 

Salaries of certain state employees increased

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

Appropriation

by any state department now or hereafter operating under the merit system as provided for in the Nevada employment security administration law, being chapter 59 of the 1941 Statutes, employed in any of the various offices of elective officers of the State of Nevada, and the bank examiner, Nevada tax commission, labor commissioner, public service commission, state board of health, department of highways, state engineer, and state library, shall receive as salary for the first two years of employment, one hundred and forty-three and 75/100 ($143.75) dollars per month; for second two years of employment, one hundred and sixty-one ($161) dollars per month; after four years of employment one hundred and seventy-two and 50/100 ($172.50) dollars per month; which shall be the maximum salary of such stenographer, typist, and clerks; provided, however, that nothing herein contained shall be construed so as to reduce the compensation now authorized by law to be paid any stenographer, typist, or clerk.

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

      Sec. 3.  This act shall take effect immediately upon its passage and approval, and there is hereby appropriated out of the funds of the state treasury not otherwise appropriated the sum of twenty-five hundred ($2,500) dollars as an additional appropriation to pay the salaries hereby increased to July 1, 1943.

 

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CHAPTER 74, SB 101

 

 

 

 

 

 

 

 

 

Legislative fund

 

 

 

 

 

Payment

[Senate Bill No. 101–Senator Tallman]

 

Chap. 74–An Act to create a legislative fund.

 

[Approved March 11, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any moneys now in the general fund not otherwise especially appropriated, the sum of twenty thousand dollars ($20,000), which shall constitute the legislative fund.

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


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ê1943 Statutes of Nevada, Page 101 (CHAPTER 74, SB 101)ê

 

diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

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

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

 

 

 

Reversion

 

In effect

 

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CHAPTER 75, AB 119

[Assembly Bill No. 119–Messrs. Covington and Jepson]

 

Chap. 75–An Act to amend an act entitled “An act regulating the hours of service and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such females, and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof, and other matters properly relating hereto,” approved March 29, 1937, as amended by chapter 78 of the 1939 Statutes of Nevada, by adding a new section to be known as section 2 1/2, temporarily suspending certain provisions of the act.

 

[Approved March 12, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 78 of the 1939 Statutes of Nevada, is hereby amended by adding thereto a new section to be known as section 2 1/2.

      Section 2 1/2.  The provisions of this act shall not apply to the hours of service of any female workers employed by a common carrier for hire or by the communication industry during the present state of war between the United States of America and the axis powers, declared to exist by acts of Congress subsequent to December 7, 1941.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provisions of act not to apply, when

 

 

In effect

 

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ê1943 Statutes of Nevada, Page 102ê

CHAPTER 76, AB 6

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners

 

Duties of clerk

 

 

 

Abstract submitted to secretary of state

 

 

Duties of secretary of state

 

 

 

 

 

Repeal

 

In effect

[Assembly Bill No. 6–Mr. Boak]

 

Chap. 76–An Act to amend section 21 of an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 21 of the above-entitled act, being section 2424 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 21.  As soon as the returns from all the precincts in any county have been received, the board of county commissioners shall meet forthwith and proceed to canvass the returns. The canvass, when begun, shall continue until completed.

      The clerk of the board must, as soon as the result is declared, enter upon the records of such board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party, and for each candidate for a nonpartisan office.

      The board of county commissioners, after making the said abstract of votes, shall cause their clerk by an order made and entered in the minutes of their proceedings, to make a copy of same abstract and forthwith transmit the same to the secretary of state at the seat of government.

      The secretary of state shall, immediately and without delay, after any primary, compile the returns for all candidates voted for in more than one county, and for all candidates for the assembly, state senate, representative in Congress, United States senate, and judicial officers, except justices of the peace, and shall make out and file in his office a statement thereof, and shall certify to the county clerk of each county within this state the name of each person and the name of the office for which he is nominated, as specified in the certificate of nomination filed with him.

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

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

 

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ê1943 Statutes of Nevada, Page 103ê

CHAPTER 77, AB 8

[Assembly Bill No. 8–Mr. Boak]

 

Chap. 77–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 33 of the above-entitled act, being section 2470 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 33.  Immediately following the primary election at which candidates are nominated for any public office, the secretary of state shall certify to the county clerk in each county within this state the name of each person and the name of the office for which he is nominated, as specified in the certificate of nomination filed with him.

      Sec. 2.  Section 38 of the above-entitled act, being section 2475 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 38.  That members of our armed forces of the United States and other qualified voters stationed in distant lands who make application for absent voter’s ballots may receive and return such absent voter’s ballots in time to be voted at any primary or regular November election, it shall be the duty of county clerks to order the paper to be used for the official primary and regular November election ballots immediately after the closing of the regular primary election registration, twenty days preceding the primary election, and shall provide for each election precinct in the county for use in the primary election not more than one hundred ballots for each one hundred voters so registered, and not more than one hundred and ten ballots for use in the general November election for each one hundred voters registered as aforesaid for such primary election.

      Ballots for any regular November election shall be printed and mailed to applicants for absent voter’s ballots immediately upon the certification by the secretary of state to the county clerks of the results of such primary election.

      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.

 

 

 

 

 

 

 

 

 

 

 

 

Duties of secretary of state

 

 

 

 

Ballots for members of armed forces

 

 

 

 

 

 

 

 

 

Ballot printing

 

 

Repeal

 

In effect

 

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ê1943 Statutes of Nevada, Page 104ê

CHAPTER 78, AB 40

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for livestock show board

 

 

In effect

[Assembly Bill No. 40–Elko County Delegation]

 

Chap. 78–An Act to amend an act entitled “An act to encourage and promote improvement and quality of livestock in the State of Nevada; to create the Nevada state livestock showboard, and to provide for a state livestock show,” approved March 29, 1929, as amended.

 

[Approved March 13, 1943]

 

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 3910 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 8.  The sum of five thousand ($5,000) dollars for each of the fiscal years 1944 and 1945 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada state livestock showboard in holding livestock shows at Elko, Nevada.

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

 

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CHAPTER 79, AB 46

 

 

 

 

 

 

 

 

 

 

 

 

 

Administration of orphans’ home

[Assembly Bill No. 46–Committee on Social Welfare]

 

Chap. 79–An Act to amend an act entitled “An act for the government and maintenance of the state orphans’ home,” approved March 1, 1873, as amended.

 

[Approved March 13, 1943]

 

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 7582 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The administration of the state orphans’ home shall be under the control of “The state board of relief, work planning, and pension control” created under the provisions of that certain act of the legislature of the State of Nevada, approved March 23, 1937, being chapter 127, Statutes of Nevada 1937, page 257, as amended. The said board of relief, work planning, and pension control shall, for the purposes of administering the state orphans’ home, be known by the name and style of the directors of the state orphans’ home.

 

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ê1943 Statutes of Nevada, Page 105ê

CHAPTER 80, AB 48

[Assembly Bill No. 48–Mr. Grant]

 

Chap. 80–An Act to amend an act entitled “An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof,” approved February 20, 1915, as amended.

 

[Approved March 13, 1943]

 

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 regulate the racing of horses and dogs in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof.”

      Sec. 2.  Section 1 of the above-entitled act, being section 6215 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 1.  Any association or corporation formed for the purpose of racing and breeding or improving the breed of horses or dogs, and conducting races and contests of speed between horses or dogs shall have the right and power, subject to the provisions of this act, to hold one or more race meetings in each year and to hold, maintain, and conduct horse races and dog races at such meetings. At such meetings the corporation or association, or the owners of the horses or dogs engaged in such races, or others who are not participants in the racing, may contribute purses, prizes, premiums, or stakes to be contested for, but no person or persons other than the owners of a horse or horses, or dog or dogs contesting in a race shall have any pecuniary interest in a purse, prize, premium, or stakes contested for in such races or be entitled to or receive any portion thereof after such races shall have been finished; and the whole of such purse, prize, premium, or stakes shall be allotted in accordance with the terms and conditions of such race.

      Sec. 3.  Section 6 of the above-entitled act, being section 6220 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 6.  Such commission shall have the power to prescribe the rules, regulations, and conditions under which horse races or dog races shall be conducted in this state, and no races shall be conducted except by an association or corporation duly licensed by said commission as herein provided. Any association or corporation desiring to conduct such racing may apply to the state racing commission for a license so to do. The commission may, in its discretion, grant the same for not to exceed one year, and every such license shall contain a condition that all races or race meetings conducted thereunder shall be subjected to the rules, regulations, and conditions from time to time prescribed by the commission, and shall be revocable by the commission for any violation thereof, or whenever the continuance of such license shall be deemed by the commission not conducive to the interests of legitimate racing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amended

 

 

 

 

Races permitted under restrictions

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission to prescribe rules and regulations


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ê1943 Statutes of Nevada, Page 106 (CHAPTER 80, AB 48)ê

 

 

 

 

 

 

Revocation of license subject to review

 

 

 

 

 

 

 

 

Betting commission, how disposed of

 

 

 

 

 

 

 

 

 

 

Felony to bribe or influence

 

 

 

 

In effect

the same for not to exceed one year, and every such license shall contain a condition that all races or race meetings conducted thereunder shall be subjected to the rules, regulations, and conditions from time to time prescribed by the commission, and shall be revocable by the commission for any violation thereof, or whenever the continuance of such license shall be deemed by the commission not conducive to the interests of legitimate racing. But if said license is refused or revoked said commission shall cause its reasons for so doing to be written in full in the minute books of said commission, which books shall at all times be open to inspection by anyone. The refusal of the commission to grant to any racing association or corporation a license, or to assign a racing association or corporation at least sixty days in each year, if desired, for racing at such place as such association or corporation may desire, and the decision of such commission revoking any license of any association or corporation shall be subject to review of the courts of this state.

      Sec. 4.  Section 9 of the above-entitled act, being section 6223 N. C. L. 1929, is hereby amended so as to read as follows:

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

      Sec. 5.  Section 10 of the above-entitled act, being section 6224 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 10.  It shall be unlawful for any person or persons to bribe, influence, or have any understanding or connivance with any jockey, trainer, owner, groom, or anyone connected with any of the stables, kennels, horses, or dogs racing, or races at any race meeting, and anyone violating this provision shall be guilty of a felony, and upon conviction shall be imprisoned in the state prison for a period of not less than three years or more than ten years.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

 

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ê1943 Statutes of Nevada, Page 107ê

CHAPTER 81, AB 60

[Assembly Bill No. 60–Lincoln County Delegation]

 

Chap. 81–An Act to amend an act entitled “An act creating a department to be known as the state parks commission of the State of Nevada, designating the members thereof, the qualifications therefor, the method of appointing the same, their term of office, power and duties, providing for the expense thereof by making an appropriation therefor, providing a penalty for the violation thereof, and other matters properly relating thereto,” approved March 26, 1935, as amended.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

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

      Section 5.  For the purpose of carrying out the provisions of this act and cooperating with the United States government, proportionately to the ratio between the acreage of privately owned lands lying within the State of Nevada and the area of the public domain contained therein, in the maintenance and development of the state parks of Nevada, there is hereby appropriated out of the general fund of the State of Nevada the sum of two thousand ($2,000) dollars to be used and expended by said commissioners for the biennium of 1944 and 1945.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for state parks

 

 

 

 

 

In effect

 

________

 

CHAPTER 82, AB 92

[Assembly Bill No. 92–Mr. Burke]

 

Chap. 82–An Act for the relief of Nevada Rock and Sand Company, a Nevada corporation.

 

[Approved March 13, 1943]

 

      Whereas, The Shell Oil Company delivered to the Nevada Rock and Sand Company at Las Vegas, Nevada, 6,684 gallons of gasoline in March 1942, 12,730 gallons in April 1942, 11,716 gallons in May 1942, 10,508 gallons in June 1942, and said Nevada Rock and Sand Company paid the Shell Oil Company for said 41,838 gallons of gasoline together with a four cent (4¢) Nevada state tax on each gallon sold. That at the time of making such payment, Nevada Rock and Sand Company requested that proper receipts be returned so that they could be used for gasoline tax refunds; and

      Whereas, The entire amount of gasoline so purchased by Nevada Rock and Sand Company was not used on public roads and there was a refund due to Nevada Rock and Sand Company of sixteen hundred seventy-three dollars and fifty-two cents ($1,673.52); and

 

 

 

 

 

 

 

 

Preamble


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

ê1943 Statutes of Nevada, Page 108 (CHAPTER 82, AB 92)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of controller and treasurer

 

 

In effect

roads and there was a refund due to Nevada Rock and Sand Company of sixteen hundred seventy-three dollars and fifty-two cents ($1,673.52); and

      Whereas, The receipted original invoices were not received by the Nevada Rock and Sand Company until after the statutory time for applying for said refund from the Nevada tax commission; and

      Whereas, The claim for sixteen hundred seventy-three dollars and fifty-two cents ($1,673.52) has been rejected by the Nevada state tax commission because it was not filed within the statutory time and has likewise been duly filed and rejected by state board of examiners of the State of Nevada for the same reason; and

      Whereas, There is no law in the State of Nevada authorizing and permitting the state tax commission or the state board of examiners to refund the amount of excess tax so paid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby directed to draw his warrant and the state treasurer is hereby directed to pay out of any funds in the state treasury not otherwise appropriated to Nevada Rock and Sand Company, a Nevada corporation, the sum of sixteen hundred seventy-three dollars and fifty-two cents ($1,673.52).

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

 

________

 

CHAPTER 83, AB 135

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

[Assembly Bill No. 135–Nye County Delegation]

 

Chap. 83–An Act authorizing and empowering the board of trustees of Round Mountain school district, Nye County, Nevada, to transfer moneys from the Round Mountain high school fund to the Round Mountain school district bond interest and redemption fund.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Round Mountain school district, Nye County, Nevada, is hereby authorized and empowered to transfer the sum of four hundred seventy-one dollars and twenty-eight cents ($471.28) from the Round Mountain high school fund to the Round Mountain school district bond interest and redemption fund.


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

ê1943 Statutes of Nevada, Page 109 (CHAPTER 83, AB 135)ê

 

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

In effect

 

________

 

CHAPTER 84, AB 136

[Assembly Bill No. 136–Nye County Delegation]

 

Chap. 84–An Act authorizing the school trustees of the Beatty school district to redeem outstanding Beatty school district bonds; authorizing and directing the county treasurer and auditor of Nye County, Nevada, to pay from the Beatty school construction bond account for the redemption of such bonds, and authorizing the transfer of all remaining or hereafter acquired funds in the Beatty school construction bond account to the Beatty school district fund.

 

[Approved March 13, 1943]

 

      Whereas, The Beatty school district, located in Nye County, Nevada, was authorized by appropriate action, to issue school district bonds for the purpose of constructing a new school building; and

      Whereas, On account of the emergency condition now existing it is unable to construct such school at this time; and

      Whereas, The trustees of the Beatty school district have issued and outstanding nine thousand five hundred ($9,500) dollars Beatty school district bonds, dated November 3, 1941, and purchased by the Nevada industrial commission, which commission is willing to have the trustees redeem at par value, plus accrued interest to date of redemption; now

 

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

Assembly, do enact as follows:

 

      Section 1.  The trustees of the Beatty school district of Nye County, Nevada, are hereby authorized to redeem all of the outstanding Beatty school district bonds at par value, plus accrued interest to the date of redemption, and to pay the same from the special account in the office of the county treasurer and auditor, known as the Beatty school construction bond account.

      Sec. 2.  The county treasurer and auditor of Nye County, Nevada, shall, when so authorized by the board of trustees of the Beatty school district, issue his warrant against the Beatty school construction bond account in an amount determined by the said trustees of the Beatty school district to any purchasers of the Beatty school district bonds for an amount equivalent to the par value of said bonds, with accrued interest to the date of redemption of said bonds.

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Trustees to redeem school bonds

 

 

 

Duties of county treasurer


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

ê1943 Statutes of Nevada, Page 110 (CHAPTER 84, AB 136)ê

 

Transfer of remaining funds

 

 

 

In effect

      Sec. 3.  Any and all funds remaining or hereafter acquired in the Beatty school construction bond account, as set up in the office of the county treasurer and auditor of Nye County, Nevada, shall be transferred from the Beatty school construction bond account to the Beatty school district fund when required so to do by the trustees of the Beatty school district.

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

 

________

 

CHAPTER 85, AB 137

 

 

 

 

 

 

 

 

 

 

 

Trustees to transfer funds

 

 

Future deposits to be transferred

 

 

Repeal

 

In effect

[Assembly Bill No. 137–Nye County Delegation]

 

Chap. 85–An Act authorizing and empowering the board of trustees of Beatty school district, Nye County, Nevada, to transfer moneys from Beatty school district bond interest and redemption fund to Beatty school district fund.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of Beatty school district, Nye County, Nevada, is hereby authorized and empowered to transfer the sum of three hundred sixty-eight dollars and thirty-one cents ($368.31) from the Beatty school district bond interest and redemption fund to the Beatty school district fund.

      Sec. 2.  The board of trustees of Beatty school district, Nye County, Nevada, is hereby authorized and empowered to transfer from the Beatty school district bond interest and redemption fund to the Beatty school district fund, any moneys which may hereafter be deposited in said Beatty school district bond interest and redemption fund.

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

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

 

________

 

 


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ê1943 Statutes of Nevada, Page 111ê

CHAPTER 86, AB 142

[Assembly Bill No. 142–Douglas County Delegation]

 

Chap. 86–An Act supplementing an act entitled “An act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1935, as amended by chapter 137 Statutes of 1937, by providing for additional compensation to and including the 30th day of June 1945.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Each of the county officers of Douglas County, Nevada, named in chapter 137 of the 1937 Statutes of Nevada, beginning with the first day of April 1943, shall receive, in addition to the salaries and compensation now allowed them by said chapter 137 of the 1937 Statutes of Nevada, during the period from the first day of April 1943, and ending on the first day of April 1945, an additional monthly salary, or compensation, of ten percent (10%) of the salary, or compensation, as now provided for in said chapter 137 of the 1937 Statutes of Nevada.

      Sec. 2.  This is an emergency act, the purpose of which is to maintain the equivalent of peacetime salaries under wartime living conditions. This act will become effective on the first day of April 1943.

      Sec. 3.  This act is not intended to nor does it repeal or amend chapter 95 of the 1935 Statutes of Nevada, as amended by chapter 137 of the 1937 Statutes of Nevada, but is to be construed as supplementary thereto.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary increase of Douglas County officers

 

 

 

 

When effective

 

 

Act construed as supplementary

 

________

 

 


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ê1943 Statutes of Nevada, Page 112ê

CHAPTER 87, AB 148

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of state board

[Assembly Bill No. 148–Committee on Social Welfare]

 

Chap. 87–An Act to amend an act entitled “An act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith, and other matters relating thereto,” approved March 23, 1937, as amended.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended so as to read as follows:

      Section 3.  Duties of the State Board.  The state board shall supervise all actions of the state department and shall have authority to formulate all policies, and adopt all rules and regulations for the government of the state department. The state board shall have the power and it shall be its duty to fix minimum standards of services and personnel based upon training, experience, and general ability for persons selected for positions in the state department. The state board is hereby charged with the supervision of all welfare activities of the state as hereinafter provided, and shall: (1) Have final supervision of the administration of all public assistance, including old-age assistance, as defined in title I of the social security act; aid to dependent children, as defined in title IV of the social security act; aid to the blind, as defined in title X of the social security act; and such other welfare activities and services as may be vested in it by law; (2) supervise all child welfare services as defined in part 3 of title V of the social security act, and cooperate with the federal government in establishing, extending, and strengthening child welfare services; (3) provide supervisory and advisory services to county governments in the effective administration of public welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4) assist and cooperate with other departments, agencies, and institutions of the state and federal government, when so requested, by performing services in conformity with the purposes of this act; (5) act as the single state agency of the State of Nevada and of the several counties of the state in the supervision and/or administration of any federal funds granted to the state to aid in the furtherance of any activities and services above set forth; (6) supervise the administration of such additional welfare activities and services as shall be vested in it by law; (7) supervise and control the administration of state orphans’ home.


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

ê1943 Statutes of Nevada, Page 113 (CHAPTER 87, AB 148)ê

 

state agency of the State of Nevada and of the several counties of the state in the supervision and/or administration of any federal funds granted to the state to aid in the furtherance of any activities and services above set forth; (6) supervise the administration of such additional welfare activities and services as shall be vested in it by law; (7) supervise and control the administration of state orphans’ home.

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

 

 

 

 

 

In effect

 

________

 

CHAPTER 88, AB 12

[Assembly Bill No. 12–Mr. Ryan]

 

Chap. 88–An Act to amend an act entitled “An act regulating the hours of service and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such females, and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof and other matters properly relating hereto,” approved March 29, 1937, by amending the title and certain sections thereof.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act, being chapter 207, 1937 Statutes of Nevada, is hereby amended to read as follows:

      “An act regulating the hours of service, providing for a day of rest and recreation, and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such female and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof, and other matters properly relating hereto.”

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

      Section 1.  That with respect to the employment of females in private employment in this state it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amended


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

ê1943 Statutes of Nevada, Page 114 (CHAPTER 88, AB 12)ê

 

Policy of state declared

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Female employment limited to 40 hours per week

 

 

 

 

 

 

 

 

 

 

 

Additional hours in emergency

legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed eight in any one day, and six days in any calendar week, so as to provide a day of rest and recreation in each calendar week are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare. The policy of this state is hereby declared to be that eight hours in any one twenty-four-hour period and not more than forty-eight hours in any one calendar week, and not more than six days in any calendar week is the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions in emergencies, and that no less than three dollars for one day of eight hours, or eighteen dollars for one week of six days of eight hours each shall be paid such female workers in this state.

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

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


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

ê1943 Statutes of Nevada, Page 115 (CHAPTER 88, AB 12)ê

 

forty-eight hours in any one week, such females shall be paid time and one half for each said additional hour; computed on their regular wage rates.

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

 

 

In effect

 

________

 

CHAPTER 89, AB 13

[Assembly Bill No. 13–Mr. Ryan]

 

Chap. 89–An Act relating to employer and employee, regulating the payment of wages, salary, or compensation, making it unlawful for the employer to pay the employee a lower wage, salary, or compensation than that agreed upon through a collective bargaining agreement or than required to pay by statute or contract, or for employers to require employees to rebate any part of their wage, salary, or compensation, and providing penalties for the violation of this act.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any employer of labor in this state to pay a lower wage, salary, or compensation to his employee than that agreed upon through a collective bargaining agreement, if any, or to pay a lower wage, salary, or compensation than the amount that the employer is required to pay to his employee by virtue of any existing statute of this state or by contract between the employer and the employee.

      Sec. 2.  It shall be unlawful for any employer of labor in this state to require his employee to rebate, refund, or return any part of the wage, salary, or compensation theretofore paid to such employee.

      Sec. 3.  Any person violating the provisions of this act shall be guilty of a misdemeanor and punished by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300), or by imprisonment for not less than thirty (30) days nor more than six months, or by both such fine and imprisonment.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer to recognize collective bargaining and statutes

 

 

 

Partial return of wages unlawful

 

Violation misdemeanor

 

 

 

In effect

 

________

 

 


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ê1943 Statutes of Nevada, Page 116ê

CHAPTER 90, SB 32

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of unclaimed dividends

[Senate Bill No. 32–Committee on Banks and Banking]

 

Chap. 90–An Act to amend an act entitled “An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies”; being chapter 190 Statutes of 1933, approved March 28, 1933.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding a new section thereto to be known as section 74(b) and reading as follows:

      Section 74(b).  If, when the directors of such corporation shall be otherwise prepared to finally wind up its affairs and make final distribution of the remaining assets among the persons entitled thereto, it shall appear that any person or persons entitled to the payment of a dividend or dividends theretofore declared shall have failed to claim the same for the period of six months or longer after the declaration thereof, such corporation may publish an appropriate notice containing the name of each and every person whose dividend has remained unclaimed as aforesaid, so far as known or as is disclosed by the records of said corporation, and stating that all persons failing to claim payment of such dividend or dividends within thirty days from the date of the last publication of such notice shall be legally deemed to have waived all right thereto. Such notice shall be published not less than once a week for five consecutive weeks in a newspaper of general circulation published in the county where the principal office of such corporation is located. The amount of such of said dividends as shall remain unclaimed at the expiration of thirty days from the date of the last publication of such notice may be included in the final dividend declared or distribution made by such corporation; and no person named in such notice and who shall have failed within the time herein limited therefor to claim his dividend or dividends therein mentioned shall be included in such final dividend or distribution nor shall he otherwise participate therein.


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ê1943 Statutes of Nevada, Page 117 (CHAPTER 90, SB 32)ê

 

dividend declared or distribution made by such corporation; and no person named in such notice and who shall have failed within the time herein limited therefor to claim his dividend or dividends therein mentioned shall be included in such final dividend or distribution nor shall he otherwise participate therein.

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

 

 

 

 

In effect

 

________

 

CHAPTER 91, SB 42

[Senate Bill No. 42–Committee on Judiciary]

 

Chap. 91–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

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

      Section 25.  In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children. The court may also set apart such portion of the husband’s property for the wife’s support and the support of their children as shall be deemed just and equitable. In the event of the death of either party or the subsequent remarriage of the wife all alimony awarded by the decree shall cease, unless it shall have been otherwise ordered by the court. If, after the filing of the complaint, it shall be made to appear probable to the court, or the judge in vacation, that either party is about to do any act that would defeat or render less effectual any order which the court might ultimately make concerning the property or pecuniary interests, an order shall be made for the prevention thereof, to be enforced as such preliminary orders are enforced respecting children.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Consideration of children in divorce action

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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ê1943 Statutes of Nevada, Page 118ê

CHAPTER 92, SB 56

 

 

 

 

 

 

 

 

 

 

 

 

 

Welfare department may assume guardianship

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 56–Senator Tognoni]

 

Chap. 92–An Act to amend an act entitled “An act to provide for the appointment of guardians and prescribe their duties,” approved March 11, 1899.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 9495 to 9545, inclusive, Nevada Compiled Laws 1929, is hereby amended by adding a new section thereto to be known as section 48 1/2, and to read as follows:

      Section 48 1/2.  In the absence of any duly appointed legal guardian for an incompetent person, the state welfare department may petition for the appointment of a guardian of the estate of any such person who is the recipient of assistance from any division of the department; provided, the estate of such person shall consist wholly of monthly assistance payments or other benefits provided by any division of said department. Should any officer of such department file a petition as provided in this section, no fees of any kind shall be required by the county clerk, recorder, or other county officer, nor shall any notice of the hearing thereof be required, except posting such notices for ten days in three public places in the county where the petition is filed by the county clerk, and the court making the appointments may, in its discretion, waive the furnishing of a bond by any person appointed as a guardian under this section.

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

 

________

 

CHAPTER 93, SB 61

 

[Senate Bill No. 61–Senator Tognoni]

 

Chap. 93–An Act authorizing the public service commission of Nevada to grant emergency temporary certificates or permits in order to facilitate the transportation of persons and property during the war emergency where existing service is inadequate.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Notwithstanding the provisions of the motor vehicle carrier act, being Statutes of Nevada 1933, chapter 165, as amended, the public service commission of the State of Nevada is hereby authorized to grant emergency temporary certificates or permits for either contract or common carrier service, as the case may be, upon such terms and conditions as the commission may prescribe.


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

ê1943 Statutes of Nevada, Page 119 (CHAPTER 93, SB 61)ê

 

of Nevada is hereby authorized to grant emergency temporary certificates or permits for either contract or common carrier service, as the case may be, upon such terms and conditions as the commission may prescribe. Such certificates or permits shall be granted only where the existing service is found to be inadequate, and such temporary authority shall be valid only for such time as the commission shall specify and, in any event, shall automatically expire at the termination of the present war.

      Sec. 2.  Such emergency temporary certificate or permit shall create no presumption that corresponding permanent authority will be granted thereafter.

      Sec. 3.  This act is hereby declared an emergency measure and necessary for the purpose of aiding the United States government in a successful prosecution of the present war, and shall take effect immediately upon its passage and approval. This act, however, shall be effective from the date of its approval until the cessation of hostilities involving the government of the United States, as declared by the president and the Congress of the United States.

Emergency temporary certificates, when granted

 

 

 

Permanency not presumed

 

Declared emergency

 

________

 

CHAPTER 94, SB 66

[Senate Bill No. 66–Senator Cowles]

 

Chap. 94–An Act authorizing the county commissioners of the several counties and the council of any incorporated city in this state to enter into cooperative agreements for the joint use of any personnel, equipment, or facilities; providing for the budgeting of expenses and their payment, and repealing acts or parts of acts in conflict therewith.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the various counties of this state and the city council of any incorporated city within such county are hereby authorized and empowered to enter into cooperative agreements with each other for the joint use of county and city personnel, equipment, and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks, and recreation facilities, and public buildings constructed by or under the supervision of the county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within said county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said counties and cities.

 

 

 

 

 

 

 

 

 

 

 

 

 

Cooperative agreements authorized


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

ê1943 Statutes of Nevada, Page 120 (CHAPTER 94, SB 66)ê

 

 

Expenses, how paid

 

 

 

 

 

 

 

Written agreements necessary

 

 

 

Each section independent

 

Repeal

 

In effect

life, welfare, and property of the inhabitants of said counties and cities.

      Sec. 2.  The expenses incident to and necessary for the joint participation of counties and cities as provided in section 1 of this act shall be paid out of the general funds of such cities and counties concerned. The county commissioners of any county and the city councils of any cities operating under the provisions of this act shall annually, at the time of making their respective county and city budgets, make an estimate of the expenses necessary to carry out the agreements under the provisions of this act, and budget the same in all respects as other items of the respective budgets are made.

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

      Sec. 4.  It is hereby expressly provided that in the event any section or other part of this act shall be held by any court to be void or unoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec. 5.  All acts or parts of acts in conflict with this act, insofar as they affect the operation of the purpose of this act, are hereby repealed.

      Sec. 6.  This act shall be in full force and effect immediately upon its passage and approval.

 

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ê1943 Statutes of Nevada, Page 121ê

CHAPTER 95, SB 31

[Senate Bill No. 31–Senators Lemaire and Haight]

 

Chap. 95–An Act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and creating and giving to them a lien upon motor vehicles, motorcycles, motor equipment, and trailers, for supplies, accessories, repairs, and labor; making it a misdemeanor to incur a bill on any motor vehicle, motorcycle, motor equipment, or trailer without the consent of the owner; reserving certain legal rights and remedies to lien claimants, owners, and others; and repealing all acts and parts of acts in conflict herewith, and particularly repealing an act entitled “An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner,” approved March 24, 1917, being sections 3772 to 3779, both inclusive, of the N. C. L. 1929.

 

[Approved March 13, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  That any person or persons, company or corporation engaged in the business of buying or selling automobiles, or keeping a garage or place for the storage, maintenance, keeping, or repair of motor vehicles, motorcycles, motor equipment, or trailers, and who in connection therewith stores, maintains, keeps, or repairs any motor vehicle, motorcycle, motor equipment, or trailer, or furnishes accessories, or other supplies therefor, at the request or with the consent of the owner or its or his representatives, has a lien upon such motor vehicle, motorcycle, motor equipment, or trailer, or any part or parts thereof for the sum due for such storing, maintaining, keeping, or repairing of such motor vehicle, motorcycle, motor equipment, or trailer, or for labor, furnished thereon, or for furnishing accessories or other supplies therefor, and for all costs incurred in enforcing such lien, and may, without process of law, detain such motor vehicle, motorcycle, motor equipment, or trailer, at any time it is lawfully in his possession until such sum is paid.

      Sec. 2.  Any person or persons, company or corporation, acquiring a lien under the provision of section 1 of this act shall not lose such lien by reason of allowing the motor vehicle, motorcycle, motor equipment, or trailer, or part or parts of the motor vehicle, motorcycle, motor equipment, or trailer, to be removed from control of the person or persons, company or corporations having such lien, and, in case a motor vehicle, motorcycle, motor equipment, or trailer, or part or parts thereof, are so removed, the person or persons, company or corporation, having such lien may, without further process of law, seize the motor vehicle, motorcycle, motor equipment, or trailer, or part or parts thereof, wherever the same is or are found within the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Storing of autos, repairing, etc., subject to lien, when

 

 

 

 

 

 

 

 

 

 

Rights of lien holder


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ê1943 Statutes of Nevada, Page 122 (CHAPTER 95, SB 31)ê

 

 

 

 

 

 

Lien secondary, when

 

 

Debtor and creditor recognized

 

 

 

 

 

 

How lien may be satisfied

motor vehicle, motorcycle, motor equipment, or trailer, or part or parts thereof, are so removed, the person or persons, company or corporation, having such lien may, without further process of law, seize the motor vehicle, motorcycle, motor equipment, or trailer, or part or parts thereof, wherever the same is or are found within the State of Nevada.

      Sec. 3.  Any lien or liens so acquired shall be secondary liens or lien when the motor vehicle, motorcycle, motor equipment, or trailer in question is sold or leased on a conditional sales agreement, or recorded lease or mortgage.

      Sec. 4.  The lien hereby created shall not deprive such motor vehicle dealer, garage keeper, or automobile repairman, of any remedy allowed by law to a creditor against his debtor, from the collection of all charges and advances which he has made in connection with any work or services, or supplies or accessories furnished, on or about any motor vehicle, motorcycle, motor equipment, or trailer pursuant to an expressed or implied contract between such motor-vehicle dealer, garageman, garage keeper, or automobile repairman, and the owner, or the representative of the owner of such motor vehicle, motorcycle, motor equipment, or trailer.

      Sec. 5.  The lien herein created may be satisfied as follows: The motor-vehicle dealer, garage keeper, or automobile repairman, shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, or accessories, were made, done, or given, and to any other person known to have, or to claim, an interest in the motor vehicle, motorcycle, motor equipment, or trailer, upon which the lien is asserted.

      Such notice shall be given by delivery in person or by registered letter addressed to the last-known place of business, or abode, of the person or persons to be notified, and if no address is known then addressed to such person, or persons, at the place wherein the lien claimant has his place of business. The notice shall contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.

      (b) A brief description of the motor vehicle, motorcycle, motor equipment, or trailer against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and

      (d) A statement that unless the claim is paid within the time specified the said motor vehicle, motorcycle, motor equipment, or trailer, will be advertised for sale, and sold by auction at a specified time and place.


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ê1943 Statutes of Nevada, Page 123 (CHAPTER 95, SB 31)ê

 

equipment, or trailer, will be advertised for sale, and sold by auction at a specified time and place.

      In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, motor equipment, or trailer. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, motorcycle, motor equipment, or trailer, to be sold, and stating the name of the owner or person on whose account the same are held, and the time and place of the sale, shall be published once a week for two consecutive weeks, being three successive weekly issues, in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein.

      From the proceeds of such sale the vehicle dealer, garage keeper, or automobile repairman, furnishing services, labor, accessories, or supplies, shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, motorcycle, motor equipment, or trailer.

      At any time before the motor vehicle, motorcycle, motor equipment, or trailer are so sold, any person claiming a right of property or possession therein may pay the lien holder the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien holder shall deliver the motor vehicle, motorcycle, motor equipment, or trailer, to the person making such payment if he is a person entitled to the possession of the same on payment of the charges thereon.

      Sec. 6.  The remedy for enforcing the lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lien holder’s claim as shall not be paid by the proceeds of the sale of the property.

      Sec. 7.  After goods have been lawfully sold to satisfy the lien herein created the lien holder shall not thereafter be liable for failure to deliver the motor vehicle, motorcycle, motor equipment, or trailer, to the owner or claimant.

 

 

Sale to be advertised

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of proceeds

 

 

 

 

 

Interested persons may satisfy lien

 

 

 

 

 

Other remedies may be worked

 

 

Lien holder not liable, when


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ê1943 Statutes of Nevada, Page 124 (CHAPTER 95, SB 31)ê

 

Owner may contest validity of lien

 

 

 

 

 

 

 

Misdemeanor

 

 

Penalty

 

 

Repeal

 

 

 

 

 

In effect

      Sec. 8.  Nothing in this act contained shall preclude the owner of any motor vehicle, motorcycle, motor equipment, or trailer, or preclude any other person having an interest or equity in and to the same, from contesting the validity of such lien, and for this purpose all legal rights and remedies that such person would now have are reserved to and retained by him; provided, however, that after such sale has been made to an innocent third party the lien claimant shall be solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner herein provided.

      Sec. 9.  Any person or persons incurring a bill upon a motor vehicle, motorcycle, motor equipment, or trailer, without the authority of the owner thereof, or by misrepresentation, shall be guilty of a misdemeanor.

      Sec. 10.  Punishment for such misdemeanor shall be a fine of not more than one hundred ($100) dollars, or thirty (30) days in the county jail, or both, at the discretion of the court.

      Sec. 11.  All acts or parts of acts in conflict herewith including that certain act entitled “An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner,” approved March 24, 1917, and being sections 3772 to 3779, both inclusive, N. C. L. 1929, are hereby repealed.

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

 

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ê1943 Statutes of Nevada, Page 125ê

CHAPTER 96, SB 20

[Senate Bill No. 20–Senator Tognoni]

 

Chap. 96–An Act to amend an act entitled “An act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof,” approved March 22, 1921, being chapter 213 of the 1921 Statutes of Nevada.

 

[Approved March 16, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 13 of the above-entitled act, being section 4269 N. C. L. 1929, is amended so as to read as follows:

      Section 13.  All licenses granted hereunder must be renewed yearly and the fee for such renewal shall be the sum of two dollars and fifty cents ($2.50) and the money derived therefrom shall take the same course as provided in section 4264. All such applications for renewal must be accompanied by a physician’s certificate stating the facts required as hereinbefore provided upon application for license, and such other information as may be required by the ex officio chairman of the examining board; and provided further, that if license is not renewed within sixty days after date of expiration, the applicant must appear before the board and apply for a new license as in section 4264, in which case fee will be $5. The inspector of mines is hereby empowered to grant a renewal of said license, and such license granted must be signed by the inspector of mines; provided, the scope of said application for renewal does not change the classification of same; and provided further, that in case of complaints being registered against a renewal of said license, and if such complaint shall appear of sufficient consequence, then, upon due notice, the applicant must appear before the board and take the same course as set forth in section 4273 of this act.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License renewed yearly

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

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ê1943 Statutes of Nevada, Page 126ê

 

CHAPTER 97, SB 29

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bureau of mines appropriation

 

 

In effect

[Senate Bill No. 29–Committee on Mines and Mining]

 

Chap. 97–An Act to amend an act entitled “An act establishing a bureau of mines of the State of Nevada; providing for its control and management; the appointment of a director, and fixing his qualifications; defining the objects, duties, and purposes of said bureau of mines, and providing for an annual appropriation for the support and maintenance thereof,” approved March 28, 1935.

 

[Approved March 16, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act, being chapter 127 Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 7.  For the purpose of carrying out the provisions of this act there is hereby appropriated for the biennium from June 30, 1943, to June 30, 1945, out of any funds in the treasury not otherwise appropriated, the sum of twenty thousand ($20,000) dollars, or so much thereof as may be necessary.

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

 

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CHAPTER 98, SB 47

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent to make quarterly reports

[Senate Bill No. 47–Senators Farndale and DeVotie]

 

Chap. 98–An Act to amend an act entitled “An act concerning the insane of the state, creating a board of commissioners for the care of the indigent insane, and to provide for the care of the insane,” approved March 25, 1913.

 

[Approved March 16, 1943]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 19 of the above-entitled act, being chapter 52 of the 1913 Statutes of Nevada, being section 3523 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 19.  The superintendent of the state hospital may, with the approval of the board having supervision over said hospital, discharge any patient at any time; provided, however, said superintendent shall, at the end of each quarter period of the year, submit to the board of commissioners a list of all persons committed to his care as insane, who in his opinion have recovered their sanity, or are dotards and not insane, or are persons who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to themselves.


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ê1943 Statutes of Nevada, Page 127 (CHAPTER 98, SB 47)ê

 

insane, or are persons who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to themselves. The board of commissioners being satisfied with the recommendations of the superintendent, it shall direct that such patient or patients shall be discharged. No patient shall be discharged except upon ten days’ written notice being first given to the county clerk of the county from which such patient or patients were committed; provided, however, that nothing herein contained shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.

      A poor and indigent patient discharged by the superintendent because he is a dotard, not insane, shall be received by the authorities of the county having charge of the poor in the county from which he was committed if the discharge of such patient is approved by the board of commissioners for the care of the indigent insane, and the cost of returning him to the county shall be a charge upon that county.

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

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

 

 

 

 

 

 

 

 

Dotard returned to county of commitment

 

 

 

Repeal

In effect

 

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CHAPTER 99, SB 53

[Senate Bill No. 53–Committee on Education, State Library, and Public Morals]

 

Chap. 99–An Act authorizing and directing the board of regents of the University of Nevada to establish a retirement system covering all employees of the University of Nevada and the public service division thereof; authorizing the board of regents with the approval of the state board of examiners to establish rules and regulations for the administration thereof; authorizing the board of regents to accept the provisions of the act of Congress approved March 4, 1940; creating a fund to be known as the University of Nevada retirement plan fund; authorizing the payment of annuities and the purchase of group annuities; defining the duties of the board of regents of the University of Nevada, the state board of examiners, the state controller, and the state treasurer in relation thereto; providing and establishing the necessary funds, authorizing the levy of the tax therefor, and other matters relating thereto.

 

[Approved March 16, 1943]

 

      Whereas, The act of Congress entitled “An act to aid the states and territories in making provisions for the retirement of employees of the land-grant colleges,” approved March 4, 1940, authorizes all states and territories to withhold from federal funds amounts designated as employer contributions to retirement systems established in accordance with the laws of such states or territories; and

 

 


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ê1943 Statutes of Nevada, Page 128 (CHAPTER 99, SB 53)ê

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

University of Nevada retirement system

 

 

Regents to make rules

 

 

 

Provisions of rules

of employees of the land-grant colleges,” approved March 4, 1940, authorizes all states and territories to withhold from federal funds amounts designated as employer contributions to retirement systems established in accordance with the laws of such states or territories; and

      Whereas, The people of the State of Nevada desire to comply with the provisions of this act of Congress and establish a contributing retirement system at the University of Nevada; and

      Whereas, Such retirement system cannot include those individuals who are now receiving salaries from the University of Nevada under the provisions of that certain act of the legislature of 1915 entitled “An act to empower the board of regents of the University of Nevada to establish emeritus positions, establishing the conditions and qualifications of those who shall benefit thereunder,” approved March 24, 1915, same being section 7739 of the Compiled Laws of Nevada 1929; and

      Whereas, The people of the State of Nevada desire that such retirement system shall include those individuals who, because of their age, will not be enabled to make sufficient contributions to a retirement system by the time the age of retirement is attained, to provide a reasonable retirement annuity; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of regents of the University of Nevada is hereby authorized and directed to establish a retirement system covering all employees of the University of Nevada and of the public service division thereof which shall be known as the University of Nevada retirement plan.

      Sec. 2.  Said board of regents shall make rules and regulations not inconsistent with the provisions of this act or of the act of Congress approved March 4, 1940, hereinbefore referred to, for the administration of said University of Nevada retirement plan.

      Such rules and regulations, subject to the approval of the board of examiners of the State of Nevada, shall, among other things, provide:

      (a) That each employee of the University of Nevada and of the public service division thereof shall on or before July 1, 1943, signify in writing on forms to be provided by the board of regents his or her acceptance or rejection of the University of Nevada retirement plan.

      (b) That all employees of the University of Nevada or public service division thereof entering the service after July 1, 1943, must accept the provisions of the University of Nevada retirement plan, subject to the rules and regulations approved by the board of examiners of the State of Nevada and adopted by the board of regents.


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ê1943 Statutes of Nevada, Page 129 (CHAPTER 99, SB 53)ê

 

Nevada retirement plan, subject to the rules and regulations approved by the board of examiners of the State of Nevada and adopted by the board of regents.

      (c) That each employee of the University of Nevada and of the public service division thereof accepting the provisions of the University of Nevada retirement plan shall contribute monthly an amount equal to at least five (5%) percent of his monthly salary to the University of Nevada retirement plan.

      (d) That all contributions to the University of Nevada retirement plan received by the board of regents from any and all sources in any month shall be remitted by them on or before the tenth day of the succeeding month to the state controller for credit to the University of Nevada retirement plan fund.

      (e) That all employees of the University of Nevada and the public service division thereof accepting the provisions of the University of Nevada retirement plan may receive a retirement annuity which shall not exceed fifty (50%) percent of the average salary for the five years next preceding the date of retirement, and in no case shall such annuity exceed one hundred fifty ($150) dollars per month.

      (f) That the board of regents shall keep an individual account with each contributor to the University of Nevada retirement plan fund, showing the date and the amount of each contribution by each contributor.

      Sec. 3.  The board of regents may, with the approval of the state board of examiners, enter into agreement with teachers’ insurance and annuity associations or with any insurance company authorized to do business in the State of Nevada to furnish group annuities for the employees of the University of Nevada and the public service division thereof.

      Sec. 4.  There is hereby established in the state treasury a fund to be known as the University of Nevada retirement plan fund.

      Sec. 5.  The University of Nevada retirement plan fund shall be made up of all moneys received from the following sources or derived in the following manner:

      (a) All federal funds made as employer contribution as provided for by the act of Congress approved March 4, 1940;

      (b) An ad valorem tax of ten mills on each one hundred dollars of all taxable property in the state, including net proceeds of mines and mining claims, which tax shall be annually levied and collected at the same time and in the same manner as the other state taxes are collected;

      (c) All contributions made by employees of the University of Nevada and the public service division thereof;

Provisions of rules

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agreements with insurance companies

 

 

 

Establishment of fund

 

Contributions, how made


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ê1943 Statutes of Nevada, Page 130 (CHAPTER 99, SB 53)ê

 

 

 

 

Disposition of funds

 

 

 

 

 

 

 

 

 

 

 

Status of emeritus positions

 

 

 

 

 

 

Payment, how made

 

 

 

 

In effect

      (d) All donations, legacies, gifts, and bequests which shall be made to such fund, and all moneys which shall be obtained or contributed for the same purpose and other sources.

      Sec. 6.  From the moneys arising from the ad valorem tax of ten mills on each one hundred dollars of taxable property, provided for in section 5 of this act, an amount equal to not more than five (5%) percent of the salaries paid from state funds to employees of the University of Nevada and the public service division thereof shall be used as employer contribution to pay the State of Nevada’s portion of annuities and premiums on group annuities for such employees, and the balance of the moneys arising from said ad valorem tax, or so much thereof as may be necessary, may be used to supplement such annuities or group annuities so that each employee of the University of Nevada and the public service division thereof upon being retired shall receive an annuity equal to at least twenty-five (25%) percent of his average salary for the five years next preceding the date of his retirement; provided, that such annuity in no case shall be less than twenty-five ($25) dollars per month.

      Sec. 7.  It is hereby expressly provided that nothing in this act shall affect the status of those individuals heretofore placed on the University of Nevada pay roll under the provisions of that certain act of the legislature of 1915 entitled “An act to empower the board of regents of the University of Nevada to establish emeritus positions, establishing the conditions and qualifications of those who shall benefit thereunder,” approved March 24, 1915, same being section 7739 Compiled Laws of Nevada 1929; provided, however, that from and after July 1, 1943, no further emeritus positions shall be established.

      Sec. 8.  All claims for the payment of annuities and premiums on annuity contracts as provided for in this act shall be paid out of the University of Nevada retirement plan fund upon claims approved by the board of regents and audited and approved by the board of examiners of the State of Nevada as other claims against the State are paid.

      Sec. 9.  This act shall take effect from and after July 1, 1943.

 

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ê1943 Statutes of Nevada, Page 131